DEFECTIVE CHINESE DRYWALL

Please know who you are hiring and their credentials

2010-07-26T17:09:00.000-07:00

Skip Hillman bounced from growing pot to running an overseas hook-up service to his latest money-making venture: saving desperate homeowners from the perils of Chinese drywall.

His arrest record and lack of building experience were no impediment to joining the growing ranks of Florida drywall testers and "remediators," a motley group of entrepreneurs who are peddling wallboard diagnoses, air cleaning machines and total drywall removal — and doing it with zero oversight by state or federal regulators.

Afraid that fumes from defective drywall are sickening their families and ruining their investments, beleaguered homeowners turn to these unregulated businesses that offer unproven solutions.

Tainted drywall emits gases blamed for corroding pipes and wiring, and for nosebleeds and coughs in homes nationwide. In Florida, the defective wallboard was concentrated in areas caught up in the most recent housing boom, including Palm Beach and St. Lucie counties.

Scientists have yet to pinpoint what causes the gases or identify a foolproof solution to the problem. But a burgeoning, multimillion-dollar industry has emerged anyway, spurred by rumors about the harm bad drywall can do.

Among those profiting in Florida are people who have been convicted of fraud, thieves and uncertified workers who illegally posed as licensed contractors, according to a Palm Beach Post review of county, state and federal records.

Of 47 remediation and inspection companies identified by The Post, 26 were created since January 2009, records show. Only 18 of those companies are run by licensed general, building or residential contractors.

Under Florida statutes, builders who hang drywall must hold state-issued contractor certificates. But people who "remediate" drywall problems fall into a gray area of the law, which doesn't prohibit unlicensed workers from repairing or tearing out wallboard. As a result, anyone can offer services regardless of training or professional qualifications.

Hillman, 49, holds no contractor's license. His most recent job was running Asian Brides on Cam Inc., a company whose website offers "live personal introductions to beautiful women from all over the world." He now sells home inspections and drywall removal through Chinese Drywall Specialist Inc., a Cape Coral-based business he formed with his uncle in July 2009.

Hillman recently boasted of inspecting hundreds of homes and said he charges, on average, about $40,000 to remediate a 2,000-square-foot house.

"I'm doing a service for lots of people with Chinese drywall," Hillman told The Post. "Everyone's happy, and there have been no complaints about our work."

Many remediation companies are run by qualified, well-intentioned workers, but the industry's growth also has left room for crooks and quacks to prosper, state health officials, legislators and consumer groups say. They added that it's too soon to tell whether remediation techniques rolled out in the past year will work in the long term.

The Florida Department of Business and Professional Regulation has investigated 11 drywall remediation companies but pursued cases against none of them, a spokeswoman said. The Florida Attorney General's Office has received no complaints about remediation or testing companies, but it's maintaining a list of such businesses in case problems arise.

"It has all the ingredients for a major league rip-off when you have little government involvement, you have uncertain science, you have no laws on the books, and you have desperate homeowners who are willing to try anything to keep their dream home," said state Sen. Dave Aronberg, D-Greenacres, who filed an unsuccessful bill this past legislative session that would have required state oversight for remediation companies. "You have snake oil salesmen out there trying to make their pitch along with reputable business people, and it's up to the consumer to sort out which is which."

Since Chinese drywall emerged as a problem in 2008, state and federal regulators repeatedly have warned homeowners against hiring people who promise quick fixes.

"These products and alternative methods have been pulled out before to fix the problem of the day," said the Florida Health Department's David Krause, a toxicologist who compared some Chinese drywall remedies to bogus solutions for asbestos and Hurricane Katrina's formaldehyde-ridden trailers. "This is nothing new. It's the same industry. They're just changing the letterhead to deal with the problem at hand."

As people learned of bad drywall, rumors spread quickly. Homes with the problem wallboard were dubbed "cancer traps" or identified as radioactive. Some blamed the drywall for the deaths of elderly family members.

The U.S. Consumer Product Safety Commission still is investigating and has advised homeowners to replace tainted drywall along with wiring, pipes, sprinkler systems and smoke alarms.

Amid this backdrop of fear and uncertainty, Arthur "Skip" Hillman got into the remediation business. His career path didn't follow that of your typical drywall expert.

In June 2004, police caught Hillman, who then worked for a boat rental company, operating a marijuana grow house in Margate, according to a sworn statement for Hillman's arrest. He ultimately pleaded no contest to felony drug charges, and a judge withheld a formal finding of guilt.

Hillman told The Post he grew marijuana because he was suffering from Stage 4 lymphoma and needed to smoke pot to gain weight. He said each of the 91 plants found growing in the house was for his personal use. "They were very small," he said.

He said his cancer since has gone into remission.

Hillman went on to create Asian Brides on Cam Inc., which operates overseasmatchmaker.com.

The dating website brought in about $300 a month, according to bankruptcy records Hillman filed in March. Next he set his sights on drywall remediation.

Had he sought to become a licensed Florida contractor, Hillman would have had to demonstrate experience and education, submit to credit and background checks and offer proof of insurance. But remediators need no certification under Florida law. "The buzzword is 'drywall remediation,'" said Paul Del Vecchio, a Boca Raton contractor who sits on the state Construction Industry Licensing Board. "The game is the verbal semantics. 'Remediation,' not drywall work."

A lack of regulation also is permitting the spread of Chinese drywall inspectors. With no enforceable standards, anyone can claim expertise in the art of divining drywall problems. Drywall inspectors such as James Kreider are developing their own techniques. Kreider's Coral Springs company, Kross Inspectors, says on its website that it has conducted more than 6,500 inspections statewide. Its services cost from $275 to $600. "Consumers turn to Kross Inspectors as the leader in the industry," the website says.

Before forming his inspection company, Kreider worked not as a contractor but as a banker. At First Union National in Naples between 2000 and 2002, Kreider siphoned more than $200,000 from loan checks cut by the bank. Investigators said he used the money to pay off a new GMC Yukon sport utility vehicle, among other things.

In 2004 Kreider, 39, pleaded no contest to charges of committing an organized scheme to defraud and money laundering. He was sentenced to 34 months in state prison and 10 years' probation. He remains under state supervision.

"I've never tried to hide that," Kreider told The Post, adding that no one ever has complained about his company. "I've been very proud of fighting fraud in the inspection business," Kreider said. "I've paid my dues to society, and I still do. My integrity is very important to me, especially in today's situation."

Inspectors and remediators rely on word of mouth, Internet advertising, direct mail and door-to-door sales to bring in clients. Homeowner Nick DeSola paid $640,000 for a 3,700-square-foot house west of Boynton Beach and then discovered it was built with Chinese drywall. He spotted an advertisement for Abisso Cleanse on the Internet, hired contractors to rip out the wallboard and then hired the company last year.

Abisso Cleanse workers used a fog machine to spread a chlorine dioxide formula called "Sniper" in DeSola's house. DeSola didn't know the company's president, 35-year-old Jason Roach, had been convicted of theft in 2004 and of receiving stolen property in 1995 in Minnesota. "After I got into trouble, I straightened myself out," Roach said. "The focus of our company is to do things right."

When he learned about Roach's past, DeSola said he still was happy with the company's work. "People in life get bad breaks sometimes," DeSola said. "They gave me the option, they didn't lie about it, and they didn't push me."

Others weren't so lucky. Aronberg, the state senator, said he has heard stories from people whose remediators folded mid-job or stopped answering phone calls.

"It was total anarchy out there," said Aronberg, who's running for state attorney general. "There was no government involvement, there were few, if any, rules."

Consumer watchdogs including the Federal Trade Commission and attorneys general in Florida and Louisiana have said that even educated consumers can fall prey to scam artists.

"People certainly deserve a second chance, but some people that perpetrate fraud are quite good and keep going back to it," said Mitchell Katz, an FTC spokesman. "They keep changing their methods so they don't get caught."

Staff researcher Niels Heimeriks contributed to this story.

2010-04-03T12:15:00.000-07:00

WASHINGTON - Homeowners with corrosive Chinese drywall should remove and replace the drywall, wiring, electrical components and gas-service piping, two federal agencies announced Friday.
But the question of who will pay for what could be billions in repairs to tens of thousands of homes remains unresolved, even as the Consumer Product Safety Commission and the Department of Housing and Urban Development offered their advice.

Whoever pays, the agencies' approved procedures are already the industry standard for comprehensive drywall removal, said John Pelland, owner of Accent Construction & Remodeling in North Fort Myers, who does drywall remediation work.

Most of the large homebuilders in Southwest Florida are doing that, and it's the right thing to do, Pelland said.

"I don't necessarily consider that overkill," he said.

Inez Tenenbaum, the safety commission chairwoman, said the federal standards will be a foundation for future policy.

"Our investigations now show a clear path forward," she said. "Our scientific investigation now provides a strong foundation for Congress as they consider their policy options and explore relief for affected homeowners."

The problem is some Chinese drywall emits corrosive hydrogen sulfide and sulfur gases, and potentially represents a fire hazard. The corrosion hurts pipes, wiring, appliances and smoke detectors.

Repairs could cost billions. Enough Chinese drywall was imported in recent years to build 60,000 homes. Contractors estimate it would cost $85 per square foot to tear out all of a house's drywall and replace it, which would total $170,000 for a 2,000-square-foot house. Replacing wiring and appliances would cost even more.

The Florida Health Department found 530 homes in Florida with metal corrosion blamed on Chinese drywall by March 1, with the most - 86 - in Lee County. But county appraisers identified 2,505 homes that had their value reduced because of drywall and another 846 cases are pending.

Fort Lauderdale-based attorney Allison Grant, who represents some Chinese drywall victims in Lee County, said the federal standards are a responsible solution.

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The main issue, she said, is whether to take out the wiring as proposed or just replace some of it - it's far safer and not that much more expensive to remove it all, she said.

A question remains, however, about whether the Consumer Product Safety Commission's remedy is the best one.

Cases in U.S. District Court in Louisiana could decide on remediation to fix the problem. But if the remedy differs from the commission's recommendations, lawyers and analysts are divided on which remedy would prevail.

"This guidance, based on the CPSC's ongoing scientific research, is critical to ensuring homeowners and contractors have confidence that they are making the appropriate repairs to rid their homes of problem drywall," said Jon Gant, director of HUD's office of health homes and lead hazard control.

Gov. Charlie Crist asked the Federal Emergency Management Agency on March 10 for help dealing with drywall problems. But FEMA's regional administrator rejected the request two days later as a product-safety matter instead of a disaster.

The Consumer Product Safety Commission received almost 3,000 drywall reports from 37 states by February. Florida had the most, representing almost 60 percent of the reports.

The safety commission and the Department of Housing and Urban Development issued warnings in January for dealing with problem drywall installed from 2001 to 2008.

Sen. Bill Nelson, who first called for an investigation of the toxic drywall and traveled to China to press the government there to help U.S. consumers, said of the latest safety commission findings:

"The studies find that the drywall is bad enough to require the stuff to be removed from houses.

"Now the question is: Who pays for it?

"The way I see it, homeowners didn't cause this. The manufacturers in China did. That's why we've got to go after the Chinese government now."

The consumer agency's advice stops short of urging the removal of appliances and heating-and-air conditioning equipment, which also might be corroded by drywall. But Richard Kampf, a Cape Coral resident who leads a group of 350 homeowners, said the advice was "excellent news" in setting up a scientific justification for Congress to determine how to pay for remediation.

"This is a significant step forward for the homeowner," Kampf said, because it establishes a federal protocol instead of relying on local contractors to decide what strategy is best. "The only down side that I s
The main issue, she said, is whether to take out the wiring as proposed or just replace some of it - it's far safer and not that much more expensiveA question remains, however, about whether the Consumer Product Safety Commission's remedy is the best one.

The Consumer Product Safety Commission received almost 3,000 drywall reports from 37 states by February. Florida had the most, representing almost 60 percent of the reports.

The safety commission and the Department of Housing and Urban Development issued warnings in January for dealing with problem drywall installed from 2001 to 2008.

Sen. Bill Nelson, who first called for an investigation of the toxic drywall and traveled to China to press the government there to help U.S. consumers, said of the latest safety commission findings:

"The studies find that the drywall is bad enough to require the stuff to be removed from houses.

"Now the question is: Who pays for it?

"The way I see it, homeowners didn't cause this. The manufacturers in China did. That's why we've got to go after the Chinese government now."

He also plans to remove the insulation in his home when the drywall is out.

Replacing switches on the wall for heating and air conditioning without replacing the rest of the equipment could be risky.

"To stop short of that is a safety risk," Kampf said. to remove it all, she said.

2009-10-12T16:46:00.000-07:00

A Caution Regarding Chinese Drywall Remediation

Many homeowners have been approached by builders with offers of Chinese drywall remediation. However, it is important that anyone whose home was built with Chinese drywall realize that premature remediation could cause them further damage.

While it is understandable that Chinese drywall victims want the problem resolved quickly, it is important to note that remediation protocols have not been established, and cross-contamination could occur. Even after Chinese drywall has been torn out and replaced, out-gassing of sulfur compounds and other elements continues to occur. Remediation will only further jeopardize public health when it is done without adequate safeguards or by unqualified individuals.

In September, inspections began on 30 homes with Chinese drywall. The inspections were ordered by U.S. District Judge Eldon E. Fallon, who is overseeing the Chinese Drywall Multidistrict Litigation in New Orleans. Judge Fallon ordered that 15 Florida homes, eight Louisiana homes and a total of seven homes in Virginia, the Carolinas and Mississippi undergo inspection. The inspections are being conducted by Crawford & Company of Atlanta.

Following the first 30 home inspections, a uniform protocol for inspections will be established. Once the protocol is established, inspections on other homes will commence. A proper remediation protocol will not be established until those inspections are complete, and the findings analyzed.

Homeowners considering allowing remediation should also be aware that builders may be insisting they agree to stipulations that are not in their best interest. In most every case of a builder-initiated remediation agreement, homeowners are required to give up almost all of their legal rights. These agreements release the builder from all current and future claims of liability. They also assign all of the homeowner’s rights to sue other responsible parties – such as drywall manufacturers – to the builder.

The agreements do not provide for compensation for many of the homeowner’s losses including damage to personal property, reimbursement for out-of-pocket expenses, diminution in market value, inability to refinance, detriment to credit resulting from default and/or foreclosure, and loss of enjoyment. And while homeowners are paid a per diem to cover the cost of alternative housing while work is being done, they are not reimbursed for any mortgage payments, utilities, taxes, insurance and/or Home Owners Association fees, or other expenses that accrue during that time.

Builders have also made a lot of empty promises and other oral representations about the scope and nature of the remediation that are simply not reflected in written agreements homeowners have signed. Many homeowners also claim they were told that permitting their builder to remediate a home is the only legal remedy available to them – something that is just not true.

Once remediation is completed under one of these agreements, homeowners may be without recourse should they find that repairs were done in a way that did not conform to the remediation protocol that will eventually be established. For that reason, it is in the best interests of homeowners to delay any Chinese drywall repairs until a remediation protocol has been formulated.

2009-09-21T18:04:00.000-07:00

The chair of the Consumer Product Safety Commission came to Cape Coral to see problems with Chinese drywall first hand. She promised help from the federal government.

“I think it's terrible people have to live in these conditions and with these health problems,” said CPSC Chair Inez Tenenbaum. “We need to get answers for families who are affected as soon as possible.”

Tenenbaum toured the home of Richard Kampf. All the metal in the Kampf's home has turned brown, his wiring and plumbing have corroded to the point where it's usless. He believes the Chinese drywall is making him sick.

“It's worse than a nightmare,” said Kampf. “We can't live under these conditions much longer, we just can't.”

Tenenbaum told Kampf a government study on Chinese drywall should be done by October. The study will shed light on how the homes can be fixed and how the government may be able to help.

Problems with Chinese drywall have been reported in some 1,300 homes in 26 states. Federal researchers have set up tests in 50 homes. They are looking to see exactly what the Chinese drywall does and how the damage can be stopped.

2009-09-14T15:35:00.000-07:00

The IRS announced last week that homeowners who have suffered losses due to defective drywall from China can qualify for special tax deductions.

The announcement came in a letter to Senator Jim Webb, which was sent in response to a recent inquiry by Webb and other lawmakers seeking clarification on whether thousands of homeowners may qualify for Chinese drywall tax relief. The defective drywall has been found to emit corrosive gases that fill homes with a sulfur-like smell, erode and damage electrical equipment and appliances, and is suspected of causing some health problems for residents.

Internal Revenue Service Associate Chief Counsel George J. Blaine told Webb that homeowners affected by the Chinese drywall problems can qualify for casualty loss deductions not compensated by insurance if the Environmental Protection Agency (EPA) and the U.S. Consumer Product Safety Commission (CPSC) investigation confirm the reports of fumes, chemical emissions and damages that have been characteristically attributed to the material.

Blaine said in the letter that the amount of Chinese drywall relief would be the difference between the fair market value of the home immediately before and after the damage, limited to the adjusted basis of the home. Secondary costs, such as staying at a hotel while the drywall is being replaced, are not deductible. There are also limitations to the timing and amount of the deductions, as listed in the IRS Publication 547, Casualties, Disasters and Thefts.

Chinese-manufactured drywall came into the U.S. in large amounts between 2004 and 2007 due to a domestic shortage during the peak of the housing boom. The drywall, made from waste material from coal-fired plants, has caused a number of issues for homeowners in recent years, hitting especially hard in the southeastern United States.

The CPSC has confirmed that at least 5,503,694 sheets of Chinese-manufactured wallboard were imported into the country, and expects that number to increase as investigations continue.

A recent status report by the CPSC on July 7 noted that the commission has received at least 608 incident reports from homeowners with Chinese drywall; the majority coming from Florida, Louisiana and Virginia. CPSC investigators are also concerned that the corrosion and damage to electrical wiring and appliances may constitute a fire hazard in some cases.

Many insurance companies have denied coverage for the Chinese drywall damages through homeowners’ policies, leaving homeowners in a difficult position as they are forced to pursue lengthy litigation against the foreign companies responsible for manufacturing the defective drywall, as well as suppliers, distributors, retailers and builders.

Last month, all federal Chinese drywall lawsuits were consolidated and centralized in an MDL, or Multidistrict Litigation, in the U.S. District Court for the Eastern District of Louisiana.

2009-08-11T16:44:00.000-07:00

Chinese drywall Stories

Shortly after buying their home in Cape Coral, Fla., in 2006, Keith and Denise Cramer noticed a peculiar acidic smell they thought was wet paint. The odor never left.

There were other strange occurrences. Chrome-plated faucets and showerheads became pitted or turned black. The central air-conditioning unit faltered and failed. Their baby son, Gavin, suffered frequent ear and upper respiratory infections, and Gavin and Denise got rashes.

The Cramers—along with thousands of other homeowners in Florida and elsewhere—now believe that imported Chinese drywall is making them sick and destroying their property. The drywall, which is used in walls and ceilings, is emitting sulfur-compound gases that homeowners have described as giving off a sour or “rotten egg” odor. Many blame the fumes for eye, skin and breathing irritation and nosebleeds, as well as the corrosion of copper pipes, electrical wiring and air conditioners.

The Cramers say if government tests conclude the Chinese drywall is a health hazard, they will be left with a difficult choice: “We will have to either ruin our son’s life by staying, or ruin our credit by walking away from the home,” says the 34-year-old Mr. Cramer.

Denise and Keith Cramer and their son, Gavin, outside their Cape Coral, Fla., home, which they say is filled with tainted Chinese drywall.

An estimated 100,000 houses across the country, most built in 2006 and 2007, may be affected, based on the 500 million pounds of Chinese drywall—also known as plasterboard or gypsum board—believed to have entered the U.S. during that period. The drywall is being investigated by numerous agencies, including the U.S. Consumer Product Safety Commission, the Environmental Protection Agency, and the Centers for Disease Control and Prevention, along with state health departments. Several are due to report their findings later this month or in September.

If the agencies conclude a “substantial” electrical, fire or health hazard exists, they could issue a recall or other action. More than 800 complaints from 23 states have been filed at the Consumer Product Safety Commission’s Drywall Information Center.

Experts estimate it costs about $100,000 to pull out bad drywall and replace corroded electrical wiring and appliances in an average-sized home, and the problem is shaping up as a costly disaster for homeowners and the battered housing industry. Many homeowners are hoping the federal government will step in with some sort of aid similar to that provided for victims of hurricanes and tornados, as well as a moratorium on mortgage payments.

Others are staking their hopes on lawsuits against home builders and the drywall manufacturers and distributors. Many of the suits are being consolidated in federal court in New Orleans. But suing foreign-based manufacturers for liability is difficult and complicated, legal experts say.

A few builders are already taking action. Lennar Corp. has set aside almost $40 million to fix 400 houses in Florida and is ripping out the drywall in many homes throughout the state, the Miami-based home builder said in a securities filing last month. Some other builders are making similar repairs.

While Chinese drywall was initially thought to have been used mainly in Florida and Louisiana, complaints have been pouring in from many other states. Colleen Nguyen, 41, of Virginia Beach, Va., says she, her husband and three girls moved out of their waterfront home built in 2006 and into a trailer last April for three months on the recommendation of their pediatrician. Their computers, phones and microwaves kept breaking down, and the circuit-breaker kept tripping, they say. They are suing their home builder and the drywall subcontractor. The cities of Virginia Beach and Norfolk, Va., recently banned builders from using Chinese drywall in construction.

Ms. Nguyen says the family left their belongings behind in the house because the odor had permeated the bedding and upholstery. “I won’t expose my children to it until they can explain what it is,” she says. “We have not had a bloody nose since the day we moved out.”

One major manufacturer of the Chinese drywall, Knauf Plasterboard Tianjin Co., says its tests indicate that its products aren’t harmful. Testing found that carbon disulfide and carbonyl sulfide are being emitted by some of its drywall, but not at levels that would damage health, says Phillip T. Goad, principal toxicologist and partner at the Center for Toxicology and Environmental Health in North Little Rock, Ark. The center is a private company hired by Knauf Tianjin that consults and does testing for corporations and government agencies.

David Krause, state toxicologist for the Florida Department of Health, says that the department’s preliminary tests indicated Chinese drywall is emitting sulfur-compound gases, but adds that the tests weren’t designed to quantify the rate of emissions. The Consumer Product Safety Commission plans to measure the amount of sulfide gases emitted by various types of drywall, and will work with other governmental agencies to determine whether they are at harmful levels, Mr. Krause says.

Most of the health symptoms described by homeowners and residents are “nonspecific,” Mr. Krause says, and could be associated with a variety of causes. The health department and other agencies are trying to determine if unsafe concentrations of chemicals are present, which well help them develop public health guidance, he says. “But is it safe to live in these homes until they are remediated? That is what we are trying to address in a thoughtful and progressive fashion.”

Some builders, including Lennar, are suing importers and distributors of the drywall, including Knauf Tianjin and its German affiliate, Knauf Gips KG. Donald Hayden, an attorney for Knauf Tianjin, says the company accounted for about 20% of Chinese-made drywall imported into the U.S. from 2004 through 2007, and didn’t ship any to the U.S. after October 2006. At least one American drywall maker also has been named as a defendant in product-defect lawsuits by homeowners. Mr. Hayden also says that while the sulfur gases are causing metal corrosion, “we do not believe that it is causing corrosion to the extent it would be a fire safety hazard.”

Government agencies are trying to determine exactly why some drywall is emitting the sulfur-compound gases at levels that seem to exceed those of most domestic drywall. A Consumer Product Safety Commission report cited gypsum excavated from a mine in China known for producing a smelly and off-color mineral. Mr. Hayden says the company believes the wallboard that is emitting the smell “is limited to board that contained raw material from a particular mine or mining region in Shandong province.”

Mr. Hayden says that Knauf Tianjin’s wallboard also contains gypsum from flue-gas desulphurization, a process that involves recovering the mineral during the process of electrical-power generation in fossil-fuel power plants. Many other domestic and foreign manufacturers of drywall also use this process, he says, and the company doesn’t believe it is a factor in the current complaints. Knauf Tianjin is working on alternative remedial solutions that wouldn’t require tearing out all the drywall, Mr. Hayden says.

In Cape Coral, on Florida’s Gulf Coast, Mr. Cramer, a youthful-looking man in a baseball hat, says he feels trapped. He says he has been unable to get the builder, locally based Aranda Homes Inc., to make repairs. The builder didn’t respond to repeated requests for comment.

Mr. Cramer and his wife, who is 37, paid nearly $315,000 for the property and home, but similar properties whose owners disclose the presence of Chinese drywall, as required by law, are selling for as little as $19,000 online. Mr. Cramer says he doesn’t have the money to tear out the drywall or to relocate while the home is repaired.

He can’t refinance, and his bank has indicated it won’t allow homeowners with drywall problems to skip mortgage payments while they seek a remedy. Homeowner insurance generally doesn’t cover construction defects. “If something happened and we had to walk away from this home, we’d lose every penny we had,” Mr. Cramer says.

Richard Kampf, 56, a former chief of staff with the Environmental Protection Agency in Philadelphia, retired to Cape Coral in July 2007 with his wife, Patricia, 57, their teenage son and Mr. Kampf’s 96-year-old mother. He says that his air-conditioning unit broke down 15 times in one year and that its coils have been replaced four times, forcing him to send his mother to live with a sister temporarily because of the heat.

“The [air conditioning] company told me they suspected my house was contaminated with Chinese drywall,” he says. He and his family were out of their home for five days while officials inspected it and collected air and drywall samples. The Consumer Product Safety Commission is coming back for further air testing this week.

Mr. Kampf says fear of a fire caused by corroded electrical wire keeps him up at night. “We question every single day if we are doing the right thing by staying. A lot of people are just fleeing. It is a shame,” he says.

About three miles away, Louis Appelman, 64, and his wife, Sara, 65, say their children and grandchildren no longer want to spend vacations with them in their home with its indoor pool and screened room overlooking a canal, because of the acrid fumes and health worries.

“If this is what it is doing to your copper, what is it doing to your body?” Mr. Appelman asks. The couple recently replaced their third air-conditioning unit since moving into the house in September 2006. “My kids are wondering if they ought to bring their children to our house,” he says. “Our family doesn’t even want to visit.”

2009-07-24T20:02:00.000-07:00

Get a tax break by proving Chinese drywall is harming your home

A tax break is on the way for homeowners with Chinese drywall.

If you can prove it's harming your house, the Lee County Property Appraiser says you're eligible for a tax break this year.

Starting Monday, a letter will be making its way to some 50,000 Lee County homes built between 2004 and 2007 -- the boom years when U.S.-made drywall was too hard to come by. It was just approved late Friday afternoon, and WINK News found out what you need to know now to get ready.

Tarnished metals, corroded copper and a downright stinky mess. Chinese drywall has robbed Pat and Richard Kampf of their dream home and finances.

"The indications of Chinese drywall are when you have your air conditioner break down three to four times at $1,500 each time you have to have it repaired," Richard Kampf says.

If you too are living with Chinese drywall and have been since at least January first, you could get a big break on this year's taxes.

"I think it could average $100,000," Lee County Property Appraiser Ken Wilkinson says. Because that's how much, Wilkinson says, it could cost to strip a home to the studs and rebuild it. Each homeowner's claim will be judged on a case by case basis for reassessment.

Kampf says that kind of a tax break is a great start but not enough.

"If I tried to sell my house to you or to anybody else, there would literally be no takers and the value that would be offered to me would be the ground only, which is probably on the order of $20,000," Kampf says.

"If there's going to be an adjustment made, then we need data," Wilkinson says.

To prove it, you don't need a professional. Just send the Lee County Property Appraiser everything you've documented.

"You see how brittle it is," Kampf says as he shows WINK News a piece of Chinese drywall. "It's brittle, it's gray, it falls apart really easily, and it smells."

Take pictures of the destruction and save receipts of any repairs you've had.

"I think we're ahead of the curve," Wilkinson says. "I don't think anyone else it doing this at this point, so I feel very positive about being in front of it, being proactive."

Now the TRIM notice you'll receive in just a few weeks won't yet reflect the Chinese drywall adjustment. That will come by the end of September.

You'll need to fill out the survey attached to the letter you receive or expedite it by filling it out on the Lee County Property Appraiser's website: www.leepa.org. The link should be available by mid-week.

You can mail your survey and documentation here:
Lee County Property Appraiser
ATTN: Field Services
PO Box 1546
Fort Myers, FL 33902

You can fax it to: 239.533.6107

You can email it to: ChineseDrywall@leepa.org.

Expect letters by mid-week.

2009-07-09T09:15:00.000-07:00

TAMPA, FL -- Could tainted Chinese drywall contain radioactive matter? Local health officials and investigators say it's unlikely.

The Los Angeles Times is reporting drywall shipped to the United States by at least four Chinese firms contained a radioactive substance.

Wednesday, both the Florida Department of Health and local independent investigators say there is no basis to support the claims.

The Health Department says trace levels of radioactive matter were present in the first round of tests, but nothing that would exceed normal environmental conditions.

Following the reports, Senator Bill Nelson said “So far, the tests performed by the EPA and the state Department of Health have not detected radioactive materials in Chinese drywall samples from Florida,” said U.S. Sen. Bill Nelson. “But, based on these reports I’ve asked the EPA to go back and specifically look for this stuff.”

2009-07-09T08:50:00.000-07:00

Coastal Contractor Article

Answers are still scarce on the defective drywall problem plaguing South Florida and other Gulf and Atlantic building markets. But Coastal Connection heard this week from one contractor for whom the Chinese drywall situation represents both a problem and an opportunity. Remodeler John Pelland works in South Florida, as well as in the Detroit, Michigan, suburbs. Pelland's Fort Myers, Florida, condominium was built with Chinese drywall, which he is planning to remove and replace soon. But Pelland, through his company, Accent Construction & Remodeling, is also gearing up to take on as much drywall remediation work as he can handle for other south Florida homeowners.

Pelland was working in Michigan when the drywall story hit the news. When he got back to Florida, he said, it took only a few minutes to figure out that his condo was affected. "One of the first signs was that the microwave stopped working," he says. "The copper line leading to the air handler in the closet was black. Then I pulled off some plug covers and all the ground wires were black. And chrome on the faucets was all pitting and corroding. And we started noticing more of the odor in a couple rooms — not a rotten egg smell, more of a burnt match smell. And people in the other units in our building were seeing problems too."

Pelland says he notified the condo's builder, Meritage, about the issue in March. But he says Meritage has not responded, and that the builder's grace period under Florida's right-to-repair law ("Chapter 558") has passed. "I was dumbfounded not to even get a letter back," he says. Pelland and his neighbors are now pondering their legal options, and he's talking to people in his building and his neighborhood about how to go about tearing out and replacing all of their drywall and the other damaged components.

Cost will be a significant factor in that discussion, Pelland notes. A trained accountant as well as an experienced hands-on remodeling contractor, Pelland likes to do detailed estimates on spreadsheets. Every house is different, he points out, but so many people have asked him for ballpark numbers that he has worked up a generic spreadsheet for a mid-range 2000-sqft house that needs demo and replacement of drywall, insulation, trim, carpets, and air conditioning equipment. Wiring, he figures, may just need to be cleaned. "You can scrape the black deposit off the exposed wire ends," he says. "But you can't clean the receptacles and switches — you have to replace those."

Pelland figures the job at about $40/sqft, or $80k for the 2000-sqft unit. The figure discourages a lot of people, he says. "A lot of people have less equity than that in the house," he observes. "Some of them are thinking of just walking away from it." Others are hoping that one of the many lawsuits now in progress in Florida will pay off for them and allow them to finance the work. Banks, says Pelland, may end up just stripping and gutting the homes and putting them on the market as shells for somebody to re-finish however they want. In the short run, Pelland says, his best market for remediation work is people who have a reason to sell, and have enough equity in their properties to justify investing the money it will take to put their houses into livable condition.

Official Channels
Meanwhile, the politics of the issue are heating up, and the unanswered questions about the defective drywall are beginning to resound with greater intensity in the nation's capital. Florida Senator Bill Nelson urged President Obama to raise the topic with Chinese leaders on his planned visit to China this fall. Representative Robert Wexler of Boca Raton has urged House Speaker Nancy Pelosi to mention the problem on her visit to China this week to discuss climate issues. And U.S. Consumer Products Safety Commission (CPSC) officials told a Senate committee that a delegation from China's General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), the Chinese version of a CPSC, will be visiting the U.S. in June to study the problem. The Sarasota Herald-Tribune has an overview here ("The week that saw drywall snowball," by Aaron Kessler).

The U.S. Senate held hearings May 21, with testimony from Environmental Protection Agency (EPA) official Elizabeth Southerland, CPSC official Lori Saltzman, Centers for Disease Control and Prevention (CDC) official Dr. Michael McGeehin, and Florida State Toxicologist Dr. David Krause. The witnesses had little new information for Senators, while the legislators mainly used the occasion to pressure the bureaucrats to take more energetic action (video is posted here -- slide the timer to the 18 minute mark for the start of the session).

The EPA did announce earlier in the week that samples of Chinese drywall contained elevated levels of sulfur, strontium, and organic material, reports the Miami Herald ("EPA: Chinese drywall has high levels of chemicals," by Nirvi Shah). This confirms the results of testing already conducted for the State of Florida at an independent Illinois laboratory, as noted by Coastal Connection on April 15th ("Chinese Drywall Problem Spreads Along Gulf Coast").

2009-07-06T18:48:00.000-07:00

By Don Lee and Alana Semuels
July 4, 2009

Reporting from Los Angeles and Wuhan, China -- The final years of the U.S. housing boom and a disastrous series of Gulf Coast hurricanes created a golden opportunity for Chinese drywall manufacturers. With domestic suppliers unable to keep up with demand, imports of Chinese drywall to the U.S. jumped 17-fold in 2006 from the year before.

That imported drywall is now at the center of complaints of foul odors seeping from walls. Hundreds of homeowners, most in Florida, have also reported corrosion to their air conditioners, mirrors, electrical outlets and even jewelry.

State and federal authorities have traced the problems to Chinese-made drywall but haven't yet fully determined the causes. Some Chinese experts, however, suspect that the culprit is a radioactive phosphorus substance -- phosphogypsum -- that is banned for construction use in the U.S. but has been used by Chinese manufacturers for almost a decade.

Copies of Chinese customs reports obtained by The Times, along with interviews, indicate that drywall made with phosphogypsum was shipped to the U.S. in 2006 by at least four Chinese-based manufacturers and trading firms.

The health risk of phosphogypsum is uncertain, but industry specialists say they are troubled by its widespread use and the possibility it was exported, especially in light of recent incidents in which other Chinese imports such as pet food, toys and candy were found to be contaminated with toxic or unsafe substances.

"Considering the fact that phosphogypsum can cause corrosion, something should be done," said Ding Dawu, a geoscientist and an authority on gypsum processing in China. "Right now," he added, "there are no complaints [in China] because most people don't know much about gypsum board and there are no standards against it."

The Times contacted about 20 Chinese-based companies involved in making or selling drywall. Most of them declined to comment about their overseas business. Others offered conflicting answers or said they didn't know whether their drywall contained the banned substance.

One exception was Beijing Building Materials Import & Export Co. It was among at least 10 trading firms that exported drywall to the U.S. in 2006, according to the customs reports, which were provided by an industry source and confirmed by the Chinese government's statistics compiler in Hong Kong.

The reports show that Beijing Building Materials shipped nearly 38 million pounds of drywall to the U.S. in 2006. Sun Yong, the company's vice president, said it didn't matter whether the wallboard was made with mined gypsum or phosphogypsum.

"From China's customs side, there is no special inspection of exported drywall," he said.

Health concerns, inconclusive tests

Phosphogypsum contains radium, prolonged exposure to which can lead to a higher risk of lung cancer, and that is why the EPA banned phosphogypsum for use in construction in 1989.

Dr. Paul Papanek, a board member of the Western Occupational and Environmental Medical Assn., said the health effects of contact with phosphogypsum are not immediate. Medical studies about how often the substance causes cancer are inconclusive, he said.

Chinese building-material managers say they have seen an increasing number of drywall makers mixing phosphogypsum in production. They said the corrosion of coils and metals seen in American houses was consistent with drywall made with that ingredient.

For similar reasons, a top manager at Tai'an Single Mechanical & Electrical Technology Co., a supplier of gypsum-processing equipment in Shandong province, also suspects phosphogypsum as a root cause.

The manager, who spoke on the condition of anonymity, estimates that 80% of Chinese drywall makers use phosphogypsum because it is cheap and there are no government restrictions.

Gypsum drywall in China is used largely for businesses, and industry associations say there have been few complaints in China like those from American homeowners.

So far, tests in the U.S. of Chinese-made drywall used in American homes have not turned up evidence of phosphogypsum. In Florida, four samples taken from troubled houses showed no indication of radium, said Lori Streit, a scientist at Unified Engineering Inc., which conducted the analysis.

Streit said the rotten-egg-like odor and corrosion are associated with volatile sulfuric acids, and some industry officials say that could mean the drywall was made with gypsum from mines in eastern China's Tai Mountain area, where ores have unusually high levels of sulfur compounds.

Knauf, a German company that has a joint-venture operation in China and has been a primary target of lawsuits over bad drywall, has acknowledged using gypsum from that area.

Which watchdog is responsible?

Ding, the geoscientist who has worked as a consultant in China's gypsum industry for about 30 years, said some manufacturers began experimenting with phosphogypsum at the start of the decade. He said some drywall plants in China were now using 50% phosphogypsum as a base for plasterboard, others as much as 100%.

Some people in China liken the practice of mixing phosphogypsum in drywall to the recent scandals involving melamine, the industrial chemical that contaminated Chinese baby formula and animal feed.

Amid such heightened product-health concerns, officials at China's quality watchdog agency have been investigating complaints about Chinese-made drywall in the U.S., demanding that manufacturers submit samples for analysis, according to company executives.

But the agency has not issued any public statement on the probe, and officials did not respond to repeated requests for interviews.

In the U.S., federal authorities said there was no one authority responsible for ensuring that imported drywall meets American standards.

Consumer Product Safety Commission spokesman Joe Martyak said his agency asks U.S. Customs and Border Protection to inspect items for which there are mandatory testing requirements, such as children's toys. But there are no such conditions for drywall, he said.

In interviews, officials with U.S. Customs, the Environmental Protection Agency and the Department of Commerce all said their agencies were not responsible for testing drywall. That may reflect the fact that imported drywall is a relatively new phenomenon -- the U.S. used to have more than enough from its own sources, made with gypsum from mines or synthetic gypsum derived from coal combustion.

Waste byproduct is available, cheap

But in China, businesses began turning to phosphogypsum, in part because local governments were eager to get rid of bulging stockpiles of the waste byproduct.

Huge phosphogypsum dump sites can be seen in all corners of China. Near the banks of the Yangtze River in central China's Wuhan area, raw phosphogypsum is spread over 20 acres and packed 65 feet deep into the ground. The smell of sulfur permeates the air. Workers at the site said the material was given away to anyone willing to pay the transportation costs, a mere $1.75 per ton.

No one knows how much phosphogypsum board from China was shipped abroad. But in 2006, Chinese exports of drywall to the U.S. totaled a record 503 million pounds valued at more than $25 million, according to Chinese customs' statistics. That's enough for 32,000 homes.

(With the subsequent American housing market collapse, Chinese drywall exports to the U.S. fell to just $507,000 in 2008 and are expected to drop even more this year.)

Among the exporters in 2006 was Taishan Gypsum Co., a large producer of phosphogypsum wallboard based in eastern Shandong province. Customs reports show that Taishan sent about 10 million pounds of drywall to the U.S. that year.

In interviews, Taishan executives said they were unclear about the raw ingredient in the exported drywall.

At another drywall maker, Yunnan Waste Use Building Materials Co., office director Zhang Wanwei acknowledged that his company focused on making wallboard with phosphogypsum. But he said his firm "was one of the few that bought the most advanced equipment to process phosphogypsum . . . because if not handled properly, the quality of these boards may not be so good. And they could contain materials that are bad for health."

Zhang declined to say whether the company exported gypsum boards to the U.S.

"I don't know exactly how much phosphogypsum we use, but in total we process several hundred tons of all kinds of gypsum every year," he said. "We can get raw materials for our products at very low prices because they are mainly industrial waste."

2009-07-05T10:21:00.000-07:00

Construction Industry Licensing Board

Important Information on Chinese Drywall Complaints & Remediation

Who can repair, remediate or fix my home?

There are no set criteria for persons performing a remediation of problematic drywall or affected building materials. The Department of Business and Professional Regulation and the Department of Health advises the public to hire Florida licensed contractor(s) to perform any remediation. For example: use a licensed electrician to replace corroded electrical component, or use an air conditioning contractor to replace or repair the air conditioner, or use a drywall contractor or general, building or residential contractor to install new drywall.

Always contact your local building department to see if a building permit is required for the work you need and if a state or locally licensed contractor is required to do the job.

Chinese Drywall Impact On Florida Valuations

2009-07-03T15:52:00.000-07:00

Friday, July 3, 2009

Chinese Drywall Impact 'Huge' On Florida Valuations

Eight months ago, hardly anyone knew or cared about Chinese drywall. And eight months later, the full impact of this imported building material that has been blamed for metal corrosion, electrical mishaps and health problems is still unknown.

Most agree, however, that Chinese drywall will have a huge negative impact on South Florida's already troubled real estate market and any home built with significant amounts of it may be worthless.

"It's a huge problem," said Randall Jimenez, owner of Under Pressure Home Services, a Fort Lauderdale company that cleans up and manages foreclosed homes for banks. "No one has real answers to this problem and no one wants to say anything yet."

The true number of homes constructed with Chinese drywall remains uncertain but estimates suggest that between 35,000 and 100,000 homes and commercial properties across the United States, Canada and the Bahamas were made from this material.

The adverse affects of Chinese drywall was first discovered in homes located within the Sunshine State in January 2009. Colson Hicks Eidson attorney Elvin Gonzalez, who has been representing hundreds of clients with drywall problems, suspects there may be 35,000 homes infected in Florida alone with large pockets in Miami-Dade, Broward and Palm Beach counties.

"Broward is very, very hard hit," Gonzalez said.

But Michael Y. Cannon, executive director of Integra Realty Resources-Miami, said it is irresponsible to say which areas have high concentrations of Chinese drywall infected residences. "

You have to go property by property," he said. Even in neighborhoods with identical houses constructed by the same builder, its been found that one house used American drywall material, while another used a more noxious imported material. "Some of them may have used a mixture, we just don't know," he said. "I don't think the homebuilder knows. Right now we are in the finding stage."

And while most of the buildings found with Chinese drywall are single-family homes, the material has been found in office buildings, retail centers and even condominiums.

Chinese drywall is believed to have been imported in the United States since 2000. When a building boom and a busy hurricane season caused a domestic drywall shortage between 2004 and 2008, Chinese drywall was imported into this country in greater quantities. Much of the Chinese drywall was also used to rebuild Louisiana homes damaged by Hurricane Rita and Chinese drywall has been discovered in Virginia, Alabama, Mississippi and California.

Domestic drywall is typically made from gypsum material obtained from mines and queries and is "chemically composed of calcium sulfate dehydrate, a fairly innocuous material," according to a May 4 article in Chemical and Engineering News (C&EN).

What makes up Chinese drywall is still a mystery; however, that material emits sulfurous gases like hydrogen sulfide, carbon disulfide and carbonyl sulfide. Those gasses, which has been described as smelling like rotten eggs, corrodes air handling units, electronics, appliances, jewelry and perhaps even people.

"Many homeowners have reported nosebleeds, sinus problems and respiratory infections," according to the C&EN article.

Chinese drywall also spews out more of these gasses in humid conditions, hence its early discovery in Florida.

Making matters more chaotic is that not all Chinese drywall was labeled as such, Jimenez said.

"It takes a trained eye" to spot Chinese drywall, Jimenez said.

Some U.S. distributors even placed their own label on imported drywall they purchased.

And once the drywall is in a home ejecting sulfur gas, it is hard to get rid of the problem.

"Some homes need to be completely torn down," he said. "Everything is porous. ... You have to take out the wood."

The electrical systems also will have to be replaced as well.

That makes calculating the value of a home made with Chinese drywall challenging, Cannon said.

"It creates an interesting appraisal problem," he said. "Obviously the home is inhabitable," Cannon said.

One method used to valuate real estate with Chinese drywall is the "cost to cure" approach.

"What is the extent cost to cure the problem?" Cannon asked. "How contaminated is the house?"

Jimenez said homes once marketed as luxury residences were placed on the market for as low as $60,000.

And as for bank owned properties found with Chinese drywall?

"Then all the house is worth is the dirt," Jimenez said.

"Right now the value is zero. Nobody wants to buy homes [found with Chinese drywall]," Gonzalez said. "Who wants to buy a home that will destroy wiring and [cause] sickness? This is going to be the largest construction related defectation in history."

When asked how much Chinese drywall will cost the U.S. economy, Gonzalez replied, "it is going to be in the billions."

Cannon insisted that the jury is still out on how harmful or widespread Chinese drywall is, but agreed this could not have come at a worse time.

"With all the problems we have in this country, it is a shame we have to have another," he said.

Erik Bojnansky is a special correspondent for CondoVultures.com. He is freelance journalist and former Editor of the Miami SunPost.

Florida department of health Q&A

2009-06-10T09:43:00.000-07:00

Frequently Asked Questions:

Revised 05/15/2009

Please recognize the following answers are based on the best available information and are subject to periodic review and revision as the Department of Health (DOH) continues to research the issues. Please check back often to review additional questions/answers and revisions.

Do I have it? Health Hazard? Testing of Home? Is it Radioactive? Who to Evaluate or Repair Home? Which Builder/Community? Known Treatment?
Gas Absorption Re-emission? Complaints? Additional FAQs? Submit New Questions?

All links below open in a new window

How can I tell if my home or the home I wish to purchase has problem drywall?

The presence of drywall imported from China in a home is not considered to be the primary problem; instead the Florida Department of Health (DOH) suggests people focus on the occurrence of premature and severe copper corrosion. DOH developed a case definition and a user friendly step by step self-assessment guide so that a homeowner or inspector can determine if their home has the signs typically found in homes with this problem. The most definitive way to determine if drywall in a home is imported from China is to locate “Made in China” markings on the back of a sheet of drywall. This is likely to require the cutting of holes in the drywall.

During our inspection of several homes DOH staff observed some drywall in homes with either no discernable markings or markings with no indication of the origin of manufacturer. The origin of unmarked or nondescript marked drywall is unknown. DOH observed that many homes contained a mixture of Chinese drywall and drywall marked as made in USA. Remember that we do not know how many sheets of the suspect drywall can cause problems. DOH staff did observe at least one home with marked Chinese drywall that showed none of the associated corrosion or odor problems.

Does this phenomenon pose a health hazard to me, my children, or pets?

This is undetermined at this time. DOH has not identified data suggesting an imminent or chronic health hazard at this time. DOH will continue to review all available data to help determine a more definitive answer to this question.

Will the Health Department sample and test my home for corrosive gasses or for the presence of Chinese drywall?

At this time DOH can not visit most homes to collect air or material samples for analysis. However, DOH is proceeding with a study on a few selected homes to better understand the phenomenon and occupant exposures in homes with this problem. This evaluation will occur over the next couple of months in conjunction with the US Environmental Protection Agency (EPA). As the results are available, we will post findings and updated guidance on this website.

Is there a test for "Chinese drywall"?

At this time we are unaware of any state or federal agency that has validated a specific test for drywall to determine if it will emit corrosive gases in a building under normal conditions. Currently, we can only recommend a visual assessment following our step by step self assessment guide for problem drywall. Private laboratories, consultants and government agencies have been testing drywall in order to understand the differences between American and imported drywall. We know of no one who has validated a test capable of detecting drywall that emits reduced sulfur gases under the same conditions that occur in the homes that are currently exhibiting copper corrosion. We all look forward to peer-reviewed and published procedures that meet this need.

Will you tell me which builder or community has imported drywall?

This is a defective materials issue and not a specific builder or community issue. At this time, the best method of determining if a building is impacted is to use our case definition and/or our step by step self assessment guide.

Is the Chinese drywall radioactive?

Testing of the drywall for radiation demonstrated very low levels of the kind of radiation you would expect from materials derived from rocks. This radiation is part of the natural background level in our environment. We have posted our radiological analysis report for your information. For additional information regarding radiation, please review our radiation: questions and answers document.

Who can evaluate, repair, remediate or fix my home for this issue?

Environmental consultants, licensed plumbers, electricians, air-conditioning contractors, mechanical contractors and drywall contractors, home inspectors, your builder, electrical engineers, heating, ventilation and air-conditioning engineers, industrial hygienists, building scientists to name a few. Be advised that each group will bring with them their own specialized expertise and experience and will likely be conducting a visual inspection for the presence of metal corrosion.

The Florida Department of Business and Professional Regulation (DBPR) is offering advice on who you can hire to repair, remediate or fix your home. You can verify a contractor or other licensed building trade professional’s license at http://www.myfloridalicense.com .

Is there a known treatment to deal with suspect drywall emissions?

DOH is not currently aware of any proven and effective treatment method other than removal and replacement of the suspected or known source material. Claims of treatment involving ozone, coatings, and air cleaners should be scrutinized for evidence of proven effectiveness. The Office of the Attorney General of Florida recently posted a consumer alert on this subject. DOH recommends against the use of ozone generators in occupied spaces, since ozone is a highly reactive and irritating molecule and is considered hazardous to people and pets. See US Environmental Protection Agency report "Ozone Generators That Are Sold as Air Cleaners".

Do the corrosive gasses absorb and re-emit from other surfaces or materials?

Based on reports from occupants and preliminary test results, this may be possible for some porous materials such as drywall and fabrics. It is uncertain whether this will affect materials such as concrete and lumber. The effectiveness of cleaning these materials is currently unknown.

Who do I call if I wish to file a consumer complaint?

See filing a consumer complaint.

Additional frequently asked questions with answers are available through the US Consumer Product Safety Commission’s Drywall Information Center (published late May 2009).

Do you have a new question that you would like to see answered on this webpage?

Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

If so, email your question to: corrosioninvestigation@doh.state.fl.us

We recommend you do not send emails with questions or statements containing personal health information. Be advised that your submission and your email will become part of the public record subject to release in response to inquiries by the public in accordance with the Florida public records laws, Florida Statutes, Chapter 119.

Consumer Product Safety Commission launches new drywall info center

2009-06-05T09:27:00.000-07:00

The Consumer Product Safety Commission has launched a new Drywall Information Center to help homeowners keep track of the agency's investigation into toxic drywall manufactured in China. The center also has information that can help consumers determine if their homes were built with the contaminated product and can take their complaints.

The CPSC has received 365 reports from 18 states, including Florida, of houses that may contain the drywall. The building material emits sulfur gas that many believe is making people sick, and corroding electrical fixtures and wiring.

Go here to take a look at the new Drywall Information Center, and for details on the investigation. And you can click here to file a report with the CPSC. Or call 800-638-2772.

The Florida Attorney General also has advised consumers to be aware of phony drywall testing services, inspections and products. To file a complaint about a suspicious activity, call the state's fraud hot line at 866-966-7226 or go here.

How much will it cost to rebuild each home and what other expenses might be reimbursed

2009-06-05T06:25:00.000-07:00

A VERY HARD THING TO ESTIMATE…. On May 31, 2009, the Miami Herald published an article called, “The Curse of the Defective Drywall.” This article concerned toxic Chinese drywall and the problems that it is causing for Florida and the country. Within the article a builder attempted to estimate the cost of repair, “Louisiana builder Randy Noel said repair projections vary from $100,000.00 to a third of the home’s value.” This is how some class action cases may end up handling the issue of damages for the victims of this terrible consumer related tragedy. However, there is no accurate way to determine a victim’s total damage without doing a damage assessment for each home.

Under Florida law there are several areas of damage that a victim is entitled to. By individually assessing each victims real damages, not just estimates, a victim can attempt to maximize their potential recovery. Under Florida law a victim is entitled to recover for the cost of repair, loss of market value, cost of additional living expense, the cost of the loss of use of the home, moving expense, storage expense and other miscellaneous . Each element of damage will be different for each home. This is one of the reasons it will be difficult, if not impossible, for cases such as these to be handled on a class wide basis. Damages in these cases will be a very hard thing to estimate….therefore, the damages need to be accessed on a very individual basis.

Based upon my experience and what I currently feel needs to be done to remove defective drywall and repair all the related damage to homes in Southwest Florida the cost will be around $40-50 per square foot of living space. I get a lot of calls inquiring what it might cost to remediate their home and I give them this amount. I do provide them with a detailed break down of what is included in this price and our process for removal and restoration.

What is Happening in regards to insurance claims

2009-06-02T06:16:00.000-07:00

Chinese Drywall Insurance Coverage Litigation Begins

As claims mount and federal and state agencies have begun a quest to determine who is responsible for the Chinese drywall fiasco, insurance disputes regarding coverage for the claims are beginning to make their way through the courts. In March 2009, the first complaint regarding homeowner’s insurance for drywall claims was filed. Two Florida policyholders sued their homeowners’ insurer, seeking coverage for property damage resulting from Chinese drywall in their home. See Baker v. American Home Assurance Company, filed in the United States District Court for the Middle District of Florida under No. 09-cv-188. In a bare-boned complaint, the policyholders alleged that they notified their insurer of a loss in December 2008 resulting from the gases emitted by drywall. It goes on to allege that the insurer verbally denied the claim based on “contaimination,” but that no formal declination has been issued. In its answer, the insurer denied coverage based upon the pollution exclusion, the wear and tear exclusion, and the faulty materials exclusion. It also asserted the claim fell outside the policy period. It appears the insurer is asserting that the damage occurred at the time the drywall was installed, not the time it began to emit noxious odors.

Insurance disputes relating to contractor’s CGL policies are also on deck. In April 2009, one of the principal defendants in Florida’s Chinese drywall litigation, Lennar Corporation, was widely reported to state that it believed that its insurance would cover the drywall claims. The insurer has not commented. At the exact same time, however, in the Eastern District of Virginia, the insurer of another homebuilder commenced a declaratory judgment action seeking a declaration that it did not owe defense or indemnity to its insured for Chinese drywall based on the pollution exclusion and the work-product exclusions. Builders Mutual Insurance Company v. Dragas Management Corporation, 2:09-cv-185.

Meanwhile, on the civil litigation front, actions are being taken to pave the way for a slew of litigation by or on behalf of homeowners affected by Chinese drywall. Senators Mary Landrieu, D-La. and Bill Nelson, D-Fla, continue to voice concerns regarding Chinese drywall at the federal level. Federal agencies have begun investigating the drywall itself, and it has been reported that a number of federal agencies are currently developing procedures for air-quality tests. New Orleans Times-Picayune reported on June 7, 2009 that Sen. Landrieu’s staff said that the federal tests could lay the groundwork for the CPCU to bring a civil action against the drywall manufacturers, and last week, in Louisiana, State Senator Julie Quinn, R-Metairie, sponsored legislation that would allow consumers in that state to sue the seller of the drywall for all damages and attorneys fees. Currently, such suits are not possible under Louisiana law.

Whats in Chinese drywall thats not in US drywall

2009-06-01T20:42:00.000-07:00

EPA Tests Confirm: Chinese Drywall Contains Toxic Chemicals US Drywall Does Not

The Environmental Protection Agency released new information from recent tests conducted on the materials used in Chinese Drywall. The EPA reports that drywall produced in China contains sulfur, and two other organic compounds which are generally used in the production of acrylic paint. These materials are not used in the production of drywall made in the United States. The EPA also found that Chinese produced drywall contains 10-times the amount of strontium (a metallic element) than that of American made drywall.

Chinese Drywall Q&A

2009-05-25T20:06:00.000-07:00

Chinese Drywall Questions & Answers
Prepared by John Pelland, Accent Construction & Remodeling LLC
Fort Myers, FL CRC1328285 Phone (239)989-7809 www.accentconstructionandremodeling.com

Q. What are some of the signs of defective Chinese drywall?
A. Many homes constructed with defective Chinese drywall have developed odors ranging from the smell of matches to that of rotten eggs. Repeated air conditioning system failures that require replacement of coils in air handler. Visible indications of corrosion and pitting on chrome plated faucets and sink drains. Blackening of metal jewelry, ornaments and mirrors. Appliances and electronics malfunctioning or not working altogether.
Q. In what years was this defective Chinese drywall installed in homes?
A. Mainly in the years 2004-2007, but found in homes built as early as 2001. Based upon shipping records experts feel as many as 36,000 homes in Florida could be affected.
Q. How does Chinese drywall affect My health?
A. As of now , there has been no data to show Chinese drywall causes any health problems. There have been, however, many reported instances of irritated eyes, sinus problems, sore throat, nose bleeds and headaches. The Florida Department of Health is currently studying the matter.
Q. What materials are in the defective Chinese drywall that are not in US manufactured drywall?
A. The Environmental Protection Agency released new information from recent tests conducted on the materials used in Chinese Drywall. The EPA reports that drywall produced in China contains sulfur, and two other organic compounds which are generally used in the production of acrylic paint. These materials are not used in the production of drywall made in the United States. The EPA also found that Chinese produced drywall contains 10-times the amount of strontium (a metallic element) than that of American made drywall.
Q. How can I determine if I have Chinese drywall?
A Unfortunately, there is no simple way to determine if you have defective Chinese drywall. If you are able to get to a location where the back of the sheetrock can be viewed, finding a marking that indicates it is “Made in China” is the most definitive method. The defective drywall may contain markings such as:
“CHINA”
“MADE IN CHINA”, or
“KNAUF- TIANJIN” which designates the specific manufacturer
Viewing the back of the drywall will often require the homeowner to enter the attic or crawl space and pull back the insulation. However, some of the drywall may have no discernible markings or it is possible that only a portion of the drywall used to construct the home was made in China. All US drywall has special markings on the edge tape. In addition to some of the visual signs mentioned above, we feel one of the best ways to determine if you might have a problem is to pull off electrical cover plates from plugs and switches and look at the ground wire, it should be copper in color not black.
Q. Is all Chinese drywall defective?
A. No. BNBM Chinese drywall does not appear to be defective. This brand has been ISO approved for manufacturing export. It has no detectable odor and testing has shown no contamination problems.
Q. What sheet sizes and thickness did this defective Chinese drywall come in?
A. The defective Chinese drywall came in ½” thick by 4’x12’ sheets only. Green board or water resistant drywall for behind tile is not Chinese drywall and Fire rated 5/8” thick drywall is not Chinese drywall.
Q. Should I hire an inspection company to determine if I have defective Chinese drywall?
A. If you are experiencing several of the signs mentioned above and your home was built between 2004-2007 but you just aren’t sure if you have defective Chinese drywall we do recommend hiring a qualified company to inspect.
Q. What type of company should I hire to remove the defective Chinese drywall and restore our home?
A. Because of the large scope and nature of removing this defective drywall from many homes we only recommend hiring an experienced Florida Certified General Contractor. The contractor you hire should be able to answer all your questions including: what are your procedures and guidelines for removal, are there currently any state guidelines or protocol for removal, what permits are required for this job, what type of insurance do you carry, are you a Florida Certified Contractor, how will you assure me 100% of defective drywall will be removed, how long will it take to complete job and how will I know all your suppliers and subcontractors were paid in full. Accent Construction is a Florida Certified Residential Contractor and provides this information to each and every client.
Q. Does all of the dry wall need to be replaced?
A. It depends on the amount of defective Chinese drywall and how spread out it is in the residence. If defective drywall is limited to a single room or area, than it might be possible to contain and repair that area alone. If the defective drywall is randomly spread throughout residence than it is likely that all drywall will need to be removed and replaced.
Q. Does all the electrical wiring, plugs, switches, breakers and fixtures need to be replaced?
A. We do not feel wiring needs to be replaced but the exposed copper ends of wires should be cleaned. We do feel corroded/tarnished breakers, plugs, switches and smoke detectors should be replaced. Some light fixtures will need replacing depending upon extent of corrosion.
Q. Can we save the cabinets and counter tops?
A. Most cabinetry can be properly removed and stored for reinstallation. Built in cabinets and wall units will probably need replacing. Laminate countertops can possibly be removed, stored and reinstalled. Granite and solid surface countertops have a higher chance of being damaged during removal so they might need replacement.
Q. Do I need to replace my entire air conditioning system?
A. Most if not all of the copper components in air handler unit including the copper coil system will need to be replaced. Other components will require inspection, cleaning and servicing.
Q. What plumbing fixtures and valves will need to be replaced?
A. Many chrome plated items such as faucets and drains become pitted and corroded so they will need replacement. Other metal valves and piping will need to be inspected to determine whether they can be cleaned or will require replacement.
Q. How much will repairing the defective drywall cost?
A. Every home will be different based on its own circumstances such as how much defective drywall is in residence, how much damage has been caused, height of walls and ceilings, complexity of job, access to residence, and so on. We have come up with an average cost based upon our experience with removal and restoration of this defective drywall to be around $40 per square foot. This amount is based upon a mid range home.
Q. Does the insulation, carpet and padding have to be replaced ?
A. To be safe, we believe porous items like these should be replaced because of cross contamination.
Q. How long will it take to remove the Chinese Drywall and repair my Home?
A. Most residences can be remediated in 3-6 months depending upon size and nature of job.
Q. How can I be assured that the company I hire for removal and restoration will do job properly?
A. Ask a lot of questions up front, make sure everything is in writing, make sure company is a Florida Certified General Contractor, get a third party inspection to verify and document removal of all defective drywall and proper cleaning and neutralizing of site. Make sure they follow state and local guidelines for removal and repair as they become available.

Are Builders stepping up to plate to solve problem?

2009-04-18T19:41:00.000-07:00

Some builders such as Lennar are working with homeowners to solve the problem. A dozen homes in South Florida are slated to have defective Chinese drywall replaced. Lennar Homes, the nation’s second largest builder by volume, has acknowledged the problem, and is promising to absorb all costs related to the drywall replacement, including relocation expenses for people living in the houses.Lennar has put aside more than $15 million to primarily deal with drywall repair costs, according to its quarterly filing with the U.S. Securities and Exchange Commission.

WCI, by contrast, has remained largely mum about the problem, leaving its homeowners in limbo. The company acknowledged in February that it used Chinese drywall but has not subsequently provided any details about how many homes are affected and what it plans to do. Because WCI is under federal bankruptcy protection, the ability of homeowners to pursue legal claims against the builder could be limited.Documents filed with the SEC show WCI has put aside at least $11 million to deal with potential drywall-related claims.

Until recently, Taylor Morrison homeowners in Greenbrook and elsewhere in Manatee County found themselves in a spot similar to that of their WCI counterparts -- their pleas were largely ignored, they said, prompting at least one lawsuit.But Taylor Morrison now appears to be taking a different tack. At the end of March, the company's West Florida division president, Steve Kempton, told the Herald-Tribune that the builder planned "to repair every home that has been identified as being constructed with defective Chinese drywall."

What are some of the reported health symptoms of Chinese Drywall?

2009-04-15T19:29:00.000-07:00

For months, homeowners have been reporting physical ailments and symptoms including acne, asthma attacks, bloody nose breathing difficulty, coughing, dizziness, fatigue, gastrointestinal problems, headaches, hives, irritated eyes, nausea, nosebleeds, phlegm, rashes, runny nose, shortness of breath, sneezing, sinus problems, sore throat and urinary tract infections after being exposed to Chinese drywall

What are some of warning signs I may have defective drywall?

2009-04-15T19:20:00.000-07:00

Was your home built or did you have new drywall installed between 2001-2008?
Do you notice a certain smell or odor when first entering your home, especially when not running the A/C. Does this smell dissipate soon after you've been in the home?
Have you had A/C problems? Have you replaced your evaporator coils?
Have you noticed your faucets corroding or do they have black spots that are hard to remove?
Have you noticed blackened copper on refrigeration lines, wiring, plumbing or gas lines?

See comparison pictures below for a quick reference tool on what to look for and how to tell if you may be at risk.

What if I have Chinese drywall? Who should I contact?

2009-04-10T18:30:00.000-07:00

I recommend contacting an attorney in your state or local area that is not only familiar with these cases but also handling these types of cases for other individuals. They should be able to go over your legal rights and give you advice on your different options to get problem fixed. In Florida they should advise you to first notify your builder to see if they will offer to remedy the problem. If your builder offers to fix the problem you should review the offer with an attorney before accepting.