Aug 17, 2015, 04:34 AM

Date :

By: Jennifer E. Adams and Kelly E. Theard

Recently in Louisiana federal court, local homeowners filed a lawsuit against certain Chinese drywall manufacturers, and local suppliers, for damages related to the drywall installed in their home. They have claimed damages for respiratory problems and corroding electrical equipment. First notice of the problem to the homeowner was a "rotten egg" smell. See, Jill Donaldson, et al., v. Knauf Gips KG, et al., No.: 09-2981, EDLA. This is the first lawsuit filed in Louisiana on the allegedly defective drywall which was imported from China. However, the alleged Chinese-manufactured drywall problems have sparked several lawsuits in Florida and Alabama. One of the lawsuits in Florida has 30,000 claimants.

As you have likely seen on the local news channels, local residents are becoming increasingly concerned that the Chinese drywall was used in homes that were re-built after Katrina, and that their homes and/or health may be affected by the potentially toxic drywall. The drywall purportedly emits sulfur and methane gases that could cause corrosion of metals, including conduit, piping and wiring. However, according to WWL-TV, the Louisiana State Health Department is investigating the possible contaminants of the drywall, and the extent of its use in Louisiana.

Because there is still a lot of undiscovered information regarding this issue, local contractors, subcontractors and/or suppliers should be proactive, and gather all of the necessary information related to any projects where Chinese drywall may have been used. For example, your company may want to identify a "point person" who can properly record and respond to any complaints related to the issue. Additionally, the following is a non-exclusive list of information that may be relevant to properly responding to this issue for your customers:

1. Identify any and all possible projects in which Chinese drywall was supplied and/or installed on a Project between 2001 and 2006;
2. If you sold and/or installed Chinese Drywall between 2001 and 2006, identify whether it was in any way related to Knauf Plasterboard.
3. Determine whether you have received any drywall from the ports of Seattle, Washington or Oakland, California?
4. Assemble and evaluate any documents related to the purchase and/or installation of the Chinese drywall;
5. If you have been notified by any customers regarding concerns, request the following information:
    a. Are they complaining of rusted hardware?
    b. Are they having to make premature repairs and/or frequent repairs to HVAC systems, wiring and/or pipes?
    c. Are there any reports of "rotten egg" smells where you performed work or supplied drywall?
    d. Have they had any health problems, such as irritated eyes, asthma, bronchitis, nose bleeds, coughing, sneezing, and/or difficulty breathing?
    e. Have they been treated by any doctors for these health concerns?

We expect that more information will become available regarding the Chinese drywall and its potentially toxic nature, over the next several months. Of course, we do not know at this time the frequency, nature or extent of the litigation that will result from the allegedly toxic Chinese drywall. However, there is no doubt that many local homeowners will request information from their contractors/builders/suppliers as to whether this drywall was used in the construction or renovation of their homes. This allegedly defective material may cause legal problems for many local general contractors, drywall contractors and drywall suppliers. Gathering the necessary information will be beneficial to you if and when your customers or homeowner clients start filing lawsuits.


Written for The Legal Blueprint, 2009, Issue 2, and for clients and friends of the DK&S Toxic Tort & Environmental Department.