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Chinese Drywall:  What Are We Looking For
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Chinese Drywall: What Are We Looking For

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This presentation explores the expertise sought in Chinese Drywall cases, answering the question: What Are We Looking For? Insofar as expertise is concerned, litigants need to know whether they …

This presentation explores the expertise sought in Chinese Drywall cases, answering the question: What Are We Looking For? Insofar as expertise is concerned, litigants need to know whether they have contaminated drywall, how deep the problem runs, and how to repair the damages.

Published in: Real Estate, Business, Technology

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  • Home buyers went bankrupt trusting their banks and lenders. Now home buyers hit another bump in the road with Chinese/and other/drywall installantions, health problems and possible bankruptcy. It is out there hiding behind the walls, so who will take the responsibility and accountability to protect the public buying homes? Home inspectors, no their are no requirements for these people, Real Estate Firms, probably not they're interested in selling, Banks and lenders, no they need to get rid of bad loans. Who?? Hanging a piece of 'pure silver' in a home I'm interested in buying is not really an option. If Real Estate firms are in the business of selling homes and they are looking for repeat customers, and they want to be seen as good business supporters of the communities do you think they'll step up to the plate and hang the 'pure silver' in the house?
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  • Transcript

    • 1. Exploring the Issues, the Problems and the Expertise Sought
    • 2. Louisiana Recovery Authority • Awaiting Testing Protocol • Awaiting State & Fed Approval • Only RH Recipients Approved State & Federal Programs • Will Adhere to a Testing Protocol • Lots of Talk, Nothing Yet
    • 3. ‣ ‣ ‣ ‣
    • 4. Whose Exposed?
    • 5. Suppliers • Breach of Implied Warranty of Merchantability • Breach of Implied Warranty of Fitness for a Particular Purpose • Redhibition
    • 6. Builders • New Home Warranty Act • General Warranties La. C.C. art 2762 La. C.C. art 2769
    • 7. Depth of Physical Damages “ Major structural defect means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load- bearing portions which affects their load-bearing functions to the extent the home becomes unsafe, unsanitary or otherwise unlivable. La. R.S. 9:3143
    • 8. Depth of Physical Damages “ Major structural defect means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load- bearing portions which affects their load-bearing functions to the extent the home becomes unsafe, unsanitary or otherwise unlivable. La. R.S. 9:3143
    • 9. Depth of Physical Damages “ Major structural defect means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load- bearing portions which affects their load-bearing functions to the extent the home becomes unsafe, unsanitary or otherwise unlivable. La. R.S. 9:3143
    • 10. Depth of Physical Damages “ •Foundation Systems & Footings Major structural defect means any actual physical •Beams damage to the following designated load-bearing •Girders home caused by failure of the load- portions of a •Lintels bearing portions which affects their load-bearing functions to the extent the home becomes •Columns or otherwise unlivable. unsafe, unsanitary •Walls and Partitions La. R.S. 9:3143 •Floor Systems •Roof Framing Systems
    • 11. Depth of Physical Damages “ Major structural defect means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load- bearing portions which affects their load-bearing functions to the extent the home becomes unsafe, unsanitary or otherwise unlivable. La. R.S. 9:3143
    • 12. Depth of Physical Damages “ Major structural defect means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load- bearing portions which affects their load-bearing functions to the extent the home becomes unsafe, unsanitary or otherwise unlivable. La. R.S. 9:3143
    • 13. Depth of Physical Damages “ Major structural defect means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load- bearing portions which affects their load-bearing functions to the extent the home becomes unsafe, unsanitary or otherwise unlivable. La. R.S. 9:3143
    • 14. Depth of Physical Damages •Walls = Partitions? •Corrosion of Nails in Framing? •Can Contamination Rub Off on Framing?
    • 15. Depth of Physical Damages “ Roof decking in a house is part of the framing system and serves a structural function...rotten decking...allowed water to leak under the shingles...[and] was clearly contemplated by the NHWA. Hutcherson v. Harvey Smith Construction, Inc. 7 So.3d 775 (1 Cir 2009)
    • 16. Insurers
    • 17. Insurers • Pollution Exclusion Doerr v. Mobile Oil Corp.
    • 18. Insurers • Pollution Exclusion Doerr v. Mobile Oil Corp. • Your Work Exclusion
    • 19. Depth of Physical Damages • Is Chinese Drywall Damages Caused by a “Pollutant?” • Is it faulty work or damage from faulty work?