Tuesday, October 6, 2009

chinese drywall remediation still problematic

A massive grab in intellectual property is taking place even while consumers still wait upon the Consumer Product Safety Commission and the inter-agency task force they are heading to announce their findings on what is causing defective sheetrock to off-gas corrosive gasses.

At the heart of the matter are two lines of thought, neither proven as definitive as of the date of this article.

The question seems to come down to whether you believe the nature of what is in Chinese or “tainted” drywall is a dry particulate similar to asbestos or if you think that it will continue to interact with other materials due to its gaseous nature long after removal of the primary offending materials.

What is at stake is millions of dollars and a national reputation for having “solved” the problem along with establishing the right protocol for remediation or removal of the defective sheetrock itself.

Chinese drywall, also increasingly being referred to as “reactive, tainted or defective” sheet rock, was brought into the United States between the years 2000 and 2008 during the recent construction boom. International competition for building supplies in both the commercial and residential sectors resulted in supply shortages in drywall, concrete and steel. Manufacturers of sheetrock went to the Chinese for help and it is estimated that in 2006 alone over 550,000 million pounds of drywall were imported into the United States from China.

It is important to note that not all Chinese drywall is tainted and that all drywall, regardless of place of manufacture, does off-gas to some extent. It is also important to state that tainted sheetrock has been found in homes as early as 2001 and that up until spring of this year it was still being stocked in warehouses for distribution.

Proponents of the two major theories are starting to create separate protocols for remediation and training. The irony, of course, is that until we do know exactly what is in tainted sheetrock, the best thing to do right now is absolutely nothing. That is a hard pill to swallow for homeowners and contractors ready to move now.

If you do choose to remediate, make sure you obtain a copy of the multi district litigation court’s procedure for removal and tagging of sheetrock. Unless you do it exactly as they proscribe you are in danger of having the manufacturers accuse you of “destroying” evidence and your case could be kicked out.

Do you think you might have tainted sheetrock? Here are some immediate “do’s”:

  • Contact a professional screener to verify and create a photographic report for your records as well as your builder, attorney, tax appraiser and insurance company. Do not use cheap air quality tests. The best examination to date remains visual based on the effects of the gas on the rest of the house.
  • Report to the local County Department of Health and report to the Consumer Product Safety Commission through their web site on line reporting form.
  • Hire an attorney willing to assist you in putting your homebuilder, insurance company and lender on notice.
  • Notify your contractor. Some builders are self insured and remediating. If your s offers to help, do not sign any releases without legal advice.
  • Contact your county tax appraiser. Some are offering assistance to impacted homeowners.
  • Do not remove or remediate without consulting your tax accountant as well as your attorney.
  • Make sure you only use a licensed general contractor who protects his staff with proper equipment during removal of tainted drywall ad cleanup. Right now it is better not to remediate until a protocol is issued based on scientific research produced or released through the CPSC.
  • Be wary of any gimmicks or silver bullets. While some sound promising, until we know what is causing the offgassing it is best to be wary of any claims by contractors or research firms.


To get a copy of my recently updated presentation “Chinese Drywall: Facts and Fears” visit www.centerworksretailseminars.com To get on my newsletter for home and property managers go to Assetadvisors.com or email me.

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