Taishan Gypsum Co. Ltd, the Chinese drywall manufacturer that was ordered to pay $2.6 Million in damages to seven Virginia homeowners, has for the first time yesterday responded to the lawsuit with an appeal.

In April, U.S. District Judge Eldon Fallon, who is overseeing the Chinese drywall multi-district litigation process in the Eastern District of Louisiana, awarded $2,609,129.99 for seven families affected by tainted drywallmanufactured by the Chinese-controlled company – Taishan.  If you missed that article, view it here.

“Because Taishan never responded to lawsuits, Fallon entered a default judgement against the company last fall.  The company’s appeal and notice of appearance this week renewed hope that the company might eventually pay damages to local homeowners” (Virginian-Pilot). 

Recently the Consumer Product Safety Commission (CPSC) Drywall Information Center released a list of drywall manufacturers whose drywall produced high levels of hydrogen sulfide during testing. View the list here.

Judge Fallon awarded these damages based upon the relatively expensive and wide scope of remediating these homes.

A Chinese drywall ruling was made on Thursday, April 8, by U.S. District Judge Eldon E. Fallon in New Orleans, awarding seven Virginia homeowners $2.6 million in damages. 

The seven Virginia homeowners were chosen as representatives of homes affected by the toxic Chinese drywall across the country- one Virginia Beach family, two in Newport News, and four in Williamsburg.

The Virginian Pilot reports that his ruling stated all of the drywall within the homes must be removed, including materials that were corroded due to the Chinese drywall, as well as anything damaged during the removal process.

The damages awarded also include costs to relocate the families while the remediation work is in process, and other expenses such as bankruptcy or foreclosure caused by the drywall.  Judge Fallon also awarded damages for the loss of use of the properties, according to the Virginian Pilot.

Attorney Richard Serpe of Norfolk,Virginia who represented these seven homeowners states, “The judge went right down the line in adopting the scope of remediation and loss of property.  We think it was a sober and fair decision.” 

The ruling was against the Chinese manufacturer Taishan Gypsum Co. Ltd., who did not respond to the lawsuit forcing Judge Fallon to enter into a default judgement.  Unfortunately, this ruling means little, as far as compensation, if Taishan ignores the judgement. 

“Serpe plans to ask Fallon for a judgement against Taishan for more than 80 other clients in Hampton Roads whose properties were built with Chinese-made drywall.  Serpe is also representing local homeowners in Norfolk Circuit Court cases against the construction supplier, Norfolk-based Venture Supply, Inc., and against multiple builders and subcontractors.”

The New York Times: Judge Awards Families $2.6M Over Chinese Drywall
WSJ: Judge Awards Families $2.6 Million in Chinese Drywall Case

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The next MDL 2047 Chinese-Manufactured Drywall Products Liability Litigation
status conference will be held on November 19, 2009

Judge Eldon E. Fallon
Date:  November 19, 2009
Time: 9:00AM CST
Location: Judge Barbier’s Courtroom, Room C-268

 If you are interested but unable to attend,
you have the opportunity to listen in! 

Toll Free: 1-866-213-7163
Access code:37015918

 …

If you are unable attend the next MDL Chinese-Manufactured Drywall Products Liability Litigation status conference in New Orleans, you have a chance to listen in.

Courtroom of the
Honorable Judge Eldon E. Fallon

Thursday, October 15, 2009
9:00 AM CST

Phone: 1-866-213-7163
Access Code: 32928545

See the Calendar for Future Conferences

Just one week following the Chinese drywall suit filed by three homeowners at the Harbor Walk Condominiums in Norfolk, the Virginia Pilot reported that the developer has decided to abandon the project.  The message came in the form of a letter, sent to Norfolk City Councilman W. Randy White.

This past April, the residents joined others who alleged that their homes contained Chinese-made drywall.  Among the alleged problems include emission of corrosive gas, damages to electrical appliances, and health concerns.  Contractors and sub-contractors, along with essentially all involved in the development of
Harbor Walk, have denied responsibility.  Virginia Beach developer, Franciscus Co., has stated this month that it is currently negotiating with owners of Harbor Walk to buy the remaining land parcels, with the possible intent of finishing the development.

Unfortunately for residents and citizens of Ocean View alike, the Harbor Walk community harbored high hopes, seeking to transform into a scenic waterfront community (ironically, the land was formerly used as a mobile-home park).

Beginning in 2003, ground was broken, with aims of constructing 237 condominiums.  The housing market slumped toward the end of 2007, and much to the dismay of residents,  a Florida based developer originating from France took over the efforts.  Currently, only 81 units have been completed.

Virginia attorney Richard Serpe, who represents the Harbor Walk homeowners, said that obtaining an answer to the question of “who” is behind the Harbor Walk entity may not be answered until the court process.

Today, August 24 2009 Homeowners in Virginia have the opportunity to attend a free town-hall style informational session, hosted by respected attorney Richard J. Serpe.  At the meeting, Mr. Serpe will discuss relevant topics concerning:

• Local investigations,
• Remediation updates,
• Court hearings and the Virginia class action,
• Upcoming scientific testing of Virginia homes.

This meeting will be held Monday, August 24 from 6 to 9 p.m., at the Mary D. Pretlow Anchor Branch Library, and will take place at 111 W. Ocean View, Norfolk, Virginia 23503

As states such as Florida and Virginia have been the source of enormous numbers of complaints from homeowners who are in apprehension regarding defective drywall fears, the Consumer Product Safety Commission is moving forward with plans to investigate sites in China, on-site.

Perhaps the efforts of proponents of diligent inquiry into Chinese drywall woes, like Senator Bill Nelson below, have paid off in some respects.

A recently developing story as reported by the news-press.com sheds light on a possible solution for some homeowners.  New York based company Sabre Technical Services held a press conference Monday at Bell Tower Park – the location where it tested its systems for defective drywall removal this summer.  The process entailed the utilization of chlorine dioxide gas, with the aim of eradicating air-borne sulfuric compounds.  Chief Technology Officer for Sabre commented that chlorine gas isn’t harmful to household structures or appliances.

Other methods previously planned have included the use of vacuums to remove particles, sometimes costing upwards of $100,000.  The price expected for Sabre’s methods is reported to vary depending upon circumstances, but will likely range from $15-20 per square foot.  More fine-tuning of the overall process is likelly needed before Sabre can implement the method, as some builders have expressed concern that a warranty agreement gauranting the work must be present before commitments can be made.

As recently reported by Thechinesedrywalllawyer.com, the Consumer Product Safety Commission (CPSC) has released an updated supplemental status report which is aimed at providing consumers information regarding the current and upcoming investigations surrounding the influx in consumer issues with potentially defective drywall from China.  In case you missed it, view the report here.

The CPSC stated in its report that the exportation of Chinese drywall reaches further than solely the continental United States – Saipan, Guam, and American Samoa also were included in the report as locations where residents have filed reports with the agency.   28,778 sheets were imported in to the three above mentioned locations during 2006.   Diligence, however, is within the purview of the agency – the CPSC has indicated that investigators intend to visit on-site locations in China starting today – Monday August 17.

Once defective drywall is conclusively present, “step 2,” i.e., eradication, has been an issue of some debate.   The Florida Professional Coalition for Chinese Drywall has recently released a draft system of procedure, which was presented during The Indoor Air Quality seminar, at Broward College this past week.  Florida has been the source of an exceedingly high number of reports to the CPSC, and the proposed system has been welcomed news in an area of haze and confusion.  Notably, the coalition’s system is said to be flexible, capable of adapting new procedures, and able to incorporate new insight as research dictates as such.

Homeowners in Virginia have the opportunity to attend a free town-hall style informational session, hosted by respected attorney Richard J. Serpe.  At the meeting, Mr. Serpe will discuss relevant topics concerning:

• Local investigations,
• Remediation updates,
• Court hearings and the Virginia class action,
• Upcoming scientific testing of Virginia homes.

This meeting will be held Monday, August 24 from 6 to 9 p.m., at the Mary D. Pretlow Anchor Branch Library, and will take place at 111 W. Ocean View, Norfolk, Virginia 23503

As incident reports continue to roll in to the Consumer Product Safety Commission, Virginia developer The Dragas Companies has taken the initiative to inspect numerous homes.  According to Pilotonline.com, homes in Chesapeake and Virginia Beach are suspected to have been built with Chinese drywall.

If you missed the latest status report update released by the CPSC, view it here.

Also, homeowners should be sure to bookmark the CPSC’s Information Center Site.

Dragas is one of the area’s most recognized development companies, having built over 5,000 homes in the Hampton Roads area since it was founded in 1968.

The Dragas Comapines is inspecting almost every home it built in The Hampshires at Greenbrier as well as Cromwell Park in Virginia Beach.  Additionally, it is paying for repairs and the relocation of homeowners in some instances.  In recent statements, The Dragas Companies noted that some homes “. . . appear to emit elevated levels of sulfur compounds that may corrode air conditioning coils, and may damage other mechanical and electrical systems over time.” The drywall was imported by a U.S. supplier back in 2006, and was installed by a subcontractor without the company’s knowledge.

Residents in Virginia have the opportunity to attend a free informational session, directed by attorney Richard J. Serpe.  Attorney Richard J. Serpe intends to update the public at a town-hall style meeting which he will be conducting Monday, August 24 from 6 to 9 p.m. in Norfolk. – homeowners are urged to attend, as he will discuss updates regarding this case and many others.  The meeting is scheduled to take place at the Mary D. Pretlow Anchor Branch Library.

The meeting will take place at 111 W. Ocean View, Norfolk, Virginia 23503 – homeowners are urged to attend for free information.  Additionally, there will be the opportunity to interact via a live question and answer session.