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Honor Construction of Brevard,LLC.

2825 Business Center Blvd

Ste. B-6
Melbourne, FL  32940

Email: Contact@

(321) 327-2950

National Association of Certified Home Inspectors

Chinese Drywall - The Facts (click here for the presentation in "pdf")
Presented at Melbourne Area Association of Realtors

Major deadline in suit on drywall

By Aaron Kessler

November 5, 2009

Homeowners in Florida and across the country whose homes were built with
contaminated Chinese drywall manufactured by Knauf Plasterboard Tianjin
Co. Ltd. will have a serious decision to make -- and quickly.

One of the biggest challenges for those attempting to sue Knauf Tianjin
and other Chinese drywall makers has been the enormous burden of
formally serving the company with their lawsuits in China. Doing so is
needed to proceed with a case.

But a deal struck this week by the company and attorneys representing
homeowners in the multidistrict litigation being heard in New Orleans
means the drywall maker has temporarily agreed to waive those laborious

The catch: Homeowners have to sign up by Dec. 2 if they want to be

That is because an omnibus class-action-style complaint is being
drafted, and it is only that complaint that Knauf Tianjin has agreed to

"It's a one-time opportunity, and it gives the parties who wish to join
in that complaint an opportunity to have service accepted, rather than
to have to go through the Hague convention, which as we know it is
costly and time-consuming," said Judge Eldon E. Fallon, who is
overseeing the litigation, during a conference call on Wednesday. Fallon
gave his blessing to the deal as a way to prevent further delays.

Kerry Miller, the liaison counsel for the defendants and who also
represents Knauf, said the company had no plans to make such an offer
again: "It is my client's intention to accept service only one time."

The deadline leaves only weeks for homeowners on the fence to make up
their minds. While many already have filed suits, many others have not,
preferring to take a wait-and-see approach. Meanwhile, some are just
realizing they have a problem, with more homes being discovered every

Just last month, for example, two homes with Knauf Tianjin drywall were
discovered in local home builder Lee Wetherington's Willow Chase
development in Nokomis.

Scott Weinstein, a Fort Myers attorney who sits on the Plaintiff's
Steering Committee, said time is of the essence.

"It's imperative for any consumer who knows or believes that he or she
has Knauf Tianjin drywall to get into the system now," Weinstein said.

"They need to document the presence of the drywall now, so they can meet
the deadline."

Darren Inverso, who represents Lakewood Ranch homeowner Kristin
Culliton, said she and other clients who have Knauf Tianjin drywall will
be joining the omnibus complaint.

Despite the publicity about Chinese drywall, not all homeowners even
know about it, and the upcoming season may bring in a crop of snowbirds
returning to their homes for the first time since learning of the issue.

For now, though, the omnibus complaint may be the best chance for
affected owners to move forward. The consolidated complaint will
resemble a class-action in style, but will not at this point involve a
certified class, Weinstein said. Instead, it will include each
individual homeowner with Knauf Tianjin.

"We intend to answer each of these claimants as individuals," he said.
"We realize this is not one of these common cases where the loss is five
dollars or two dollars."

Meanwhile, in Washington on Wednesday a bipartisan group of six U.S.
senators from Florida, Louisiana and Virginia introduced a resolution
calling on lenders to offer affected homeowners a temporary freeze on
their mortgage payments.

The proposal was sponsored by both Florida Senators, Bill Nelson and
George LeMieux, marking the first public action by LeMieux on the issue
since he took office earlier this year. While Nelson has largely led the
charge, LeMieux's predecessor, Mel Martinez, had essentially been absent
from the debate prior to his retirement.

Status of Federal Action on Chinese Drywall Announced

Today federal agencies will announce their actions in response to hazards
connected to Chinese drywall. We are sending this special email to families
affected by this problem so that you can be aware of these developments.

The media and congressional staff are being briefed on both actions underway
to reduce the potential hazards and the status of investigations into the impact
that some Chinese-made drywall may have on human health and corrosion of
electrical and metal components.

The U.S. Consumer Product Safety Commission (CPSC) is leading a group
including the U.S. Environmental Protection Agency (EPA), U.S. Department of
Housing and Urban Development (HUD), Centers for Disease Control and
Prevention (CDC), Agency for Toxic Substance and Disease Registry
(ATSDR), and numerous state departments of health on this issue.

The Investigations

Basically, the combined federal task force investigating the issue has found
elevated levels of two elements in some Chinese-made drywall: sulfur and
strontium. We are conducting additional scientific tests to find the connection
between these elevated levels and any reported health symptoms or corrosion
effects. The results of these additional tests will be released in November.

The investigation of the drywall itself also found that the Chinese-made drywall
emits elevated levels of sulfur compounds. Current testing is looking for the
specific chemical compounds and any connection to health and corrosion effects.

When investigators tested homes, some findings surprised them. Researchers
were looking for hydrogen sulfide, carbon disulfide and carbonyl sulfide, which
have been suspected of being related to the contaminated drywall due to reports
of "rotten egg" smells and sulfur-like corrosion of copper and other metals in the
homes. These gasses were only found occasionally when outdoor air levels were
elevated as well.

The early sample study of homes found levels of two known irritants:
acetaldehyde and formaldehyde. But the levels were the same for both homes
with Chinese and non-Chinese drywall and were not unusual for new homes.
Levels were lower when home air conditioning was in use.

As CPSC Chairman, I want affected families to know that we are currently
working diligently to identify a nexus between Chinese drywall and the reported
health symptoms and corrosion effects.

Federal action

While testing closes in on the causes of the problems, federal and state agencies
are taking actions to the extent of their authority.

CPSC actions include the following:

1.                            To date, we have received nearly 1900 complaints from
residents in 30 states about health and corrosion symptoms.

2.                            We have conducted more than 700 telephone interviews
with affected homeowners and we will be releasing dozens of in-depth
investigation reports to the media and public today.

3.                            We have launched a Drywall Information Center Web site
to provide ongoing information to the public about this issue.  To access the site
go to

4.                            We are working closely with the Department of Homeland
Security to identify and stop imports. We have identified hundreds of thousands
of stockpiled boards and we have sent notice to the warehouses where they are

5.                            We want any homeowner who believes their health
symptom and/or corrosion of electrical and metal components is tied to drywall,
to report to CPSC’s Hotline immediately.  They can reach us at 1-800-638-

6.                            Like all task force members, we are talking to
Congressional and White House officials about possible legislation and other
means of helping families affected by and struggling with this issue.

Some of you may be aware that I just returned from a week-long Product
Safety Summit in China. At that Summit, I called upon Chinese manufacturers to
do what is “just and fair” and meet their responsibilities to the consumers of their
product, if we prove certain drywall is defective.

We understand that this problem has, literally, driven people from their homes.
To those families we would like to say that we are driving as hard as we can to
find out what is causing these health symptoms and corrosion problems.

All of the federal and state partners will continue to work on behalf of the
families affected by this Chinese drywall issue. We are committed to providing
answers to homeowners. As new information becomes available, we will share it
as quickly as possible.

Inez Tenenbaum
U.S. Consumer Product Safety Commission

TIPS: Federal and state health experts suggest these steps to improve indoor air
quality and to reduce exposure to substances that can cause health concerns:   

o    Open windows as much as possible to let in fresh air.

o    Keep the temperature inside homes at the lowest comfortable setting.

o    Run the air conditioner or dehumidifier.

o    Also, spend as much time outdoors in fresh air as possible.

o    Do not smoke, and especially do not smoke indoors.  Cigarette smoke
contains, among other contaminants, formaldehyde.

For more information:

The Drywall Information Center (
provides information on CPSC's investigation of problem drywall.  CPSC has
received over 1,000 reports from residents in more than 20 states and the
District of Columbia who believe their health symptoms or the corrosion of
certain metal components in their homes are related to the presence of drywall
produced in China.

To report suspected problem drywall, visit

Thank you.

This message is from the U.S. Consumer Product Safety Commission, an independent federal regulatory agency, located at 4330 East West Highway, Bethesda, MD 20814  Toll-free hotline: (800) 638-2772

Here is what the Florida Department Of Business & Professional Regulation Construction Industry Licensing Board has about Imported drywall

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 Complaints
The Department of Business and Professional Regulation
(DBPR) may only investigate those complaints that provide
sufficient evidence of a specific violation of Chapter 489,
Florida Statutes.
Please note that a contractor using drywall manufactured in
China, alone, is not sufficient evidence to allege a violation of
Chapter 489, Florida Statutes. Generally, civil courts offer
consumers a wider range of actions against contractors than
DBPR is authorized to take through disciplinary proceedings.
Please consider seeking the advice of legal counsel regarding
your issues involving the use of drywall manufactured in
Contractors may be disciplined for failing to satisfy any civil
judgment obtained against them, or the business they qualify,
that is related to the practice of contracting. The Florida
Homeowners Construction Recovery Fund is only available
for claims based upon financial misconduct and not for claims
based upon construction defects. Citizens insurance reverses on Chinese drywall

Interagency Task Force on Chinese Drywall Executive Summary
of October 29, 2009 Release of Initial Chinese Drywall Studies

Insurers dropping Chinese drywall policies

Florida Department of Health Imported Drywall information

Number of Cases reported in Florida from DOH

Baytree, Cape Canaveral, Canaveral Groves, Cocoa, Cocoa Beach, Eau Gallie, Fellsmere, Grant-Valkaria, Indialantic, Indian Harbour Beach, Indian River Shores, Malabar, Melbourne, Melbourne Beach, Melbourne Shores, Merritt Island, Micco, Mims, Orchid, Palm Bay, Palm Shores, Port St John, Rockledge, Sebastian, Satellite Beach, Scottsmoor, South Patrick Shores,   Suntree,  Viera,   Wabasso,   West  Melbourne,   Winter Beach