Suit alleges ‘rotten egg’ drywall from China
MIAMI (AP) – Up to 65,000 new homes in the Southeast and California – including 30,000 in Florida – could contain sulfur-emitting Chinese drywall that reeks of rotten eggs, destroys residential wiring and appliances and could cause health problems, a lawyer heading a consumer lawsuit said.
The lawsuit, filed Monday in the Florida’s Southern District of federal court, targets homebuilders and supply companies, an importer and several divisions of German conglomerate Knauf that allegedly used tainted drywall manufactured in a Chinese mill.
“Homeowners for years have been trying to figure out, “What’s the problem with my home? Why does it smell like rotten eggs? Why are the wires failing? Why is the air conditioning unit having to be replaced so often? It’s supposed to be a brand new home,” said Ervin A. Gonzalez, lead attorney for the plaintiffs.
“The high level of sulfur is causing damage to all of these,” he said.
Gonzalez said the tainted Chinese drywall was used from at least 2005-2007, though cases are possible from 2004 and early 2008. During that time, builders turned overseas because American materials couldn’t meet surging demand caused by the U.S. construction boom and a series of hurricanes and other natural disasters.
The problem is worse in warm, coastal areas, Gonzalez said. He said there are confirmed cases in Louisiana, Virginia, Georgia and California, and he has heard of similar problems in the Carolinas.
At least three other Florida lawsuits have been filed over the issue, including one by the Palm Beach Gardens firm Leopold Kuvin, recorded Jan. 22 in the same federal district as Gonzalez’s complaint. Attorneys expect the cases to be consolidated as a class action in Miami, because victims are concentrated in South Florida and many of the tainted materials allegedly passed through area ports.
Knauf Plasterboard Tianjin Co. Ltd. said it was being singled out because it labeled its product, as required by law, while other Chinese producers left boards blank. In a written statement, the company acknowledged problems with some drywall produced in 2006, but said it posed no health risk.
“KPT remains the only plasterboard manufacturer to conduct testing and respond to builders’ complaints,” the statement said. “KPT is a socially responsible company and abides by the highest standards for manufacturing. The company is committed to assuring the health and safety of the ultimate consumers of its products in the construction industry as it has in the past.”
Representatives from Tousa Homes Inc. and British-based Taylor Wimpey PLC, which has a Florida homebuilding subsidiary among the defendants, did not respond immediately to telephone and email messages. Telephone messages left at Florida-based Banner Supply Co. and South Kendall Construction Corp. were also not immediately returned.
Plaintiff Felix Martinez bought a $478,000 personal residence in 2006 and said his family can barely live in it. Martinez said the air conditioner and television have failed multiple times after receiving all new parts. He was recently diagnosed with sleep apnea, his son has nosebleeds and others in his family have worsening allergies.