Chinese Drywall Remediation

On April 3, 2010, the Consumer Product Safety Commission (“CPSC”) released Interim Remediation Guidance for Homes with Problem Drywall recommending that homeowners remove and replace:

  • all possible problem drywall;
  • all fire safety alarm devices (including smoke alarms and carbon monoxide alarms);
  • all electrical components and wiring (insulated and uninsulated), including outlets, switches and circuit breakers);
  • and all gasĀ service piping and fire suppression sprinkler systems.
  • Go to the CPSC website – Drywall Information Center for more information and full reports and studies.

Homeowners need to understand that this is not a remediation protocol – it is an interim guidance. There are many items that were not addressed by the CPSC which may need to be replaced, such as air conditioners, but do not necessarily impact health and safety and, thus, no recommendations were made by the CPSC. On April 8, 2010, Judge Fallon, who presides over the Multi District Litigation (“MDL”), issued Facts and Findings from theĀ first Chinese drywall trial, Germano v. Taishan, finding as follows:

  • Replacement of all drywall in the home;
  • Replacement of all electrical wiring (insulated and uninsulated);
  • Replacement of all copper pipes;
  • Replacement of the entire HVAC system;
  • Replacement of most appliances (particularly refrigerators);
  • Replacement of electronics, such as TVs and computers;
  • Replacement of all carpeting;
  • Replacement of hardwood and vinyl flooring;
  • Replacement of tile floor unless it can be protected during remediation;
  • Replacement of cabinets and countertops (note, this ruling was based on economics as the court found that it was more cost-effective in this case to replace these items rather than attempt removal and storage)
  • Replacement of trim, molding and baseboards;
  • Replacement of all bathroom fixtures;

After removal of all drywall, properties must be cleaned with HEPA vacuum, wet-wiped or power-washed, and aired out for 15-30 days; and Property must be certified by an independent engineering company to certify that the remediated home is safe.

BEFORE UNDERTAKING ANY REMEDIATION, PLEASE CONSULT AN ATTORNEY – YOU COULD BE IMPACTING YOUR LEGAL RIGHTS AND DESTROYING EVIDENCE NECESSARY TO PURSUE A CLAIM.

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