Tainted Drywall Topic of Louisiana Trial

NEW ORLEANS | Plaintiffs in what could be a precedent-setting court battle over the damage done by Chinese drywall told a judge Monday that a Louisiana home tainted by the sulfur-emitting substance would need a complete overhaul.

However, the defendant, a Chinese wallboard company, said simply removing the drywall and making selective repairs would suffice. U.S. District Judge Eldon E. Fallon heard the arguments about the defective Chinese-made drywall, which was imported en masse during the housing boom and after devastating hurricanes in 2005.

The drywall has been linked to corrosion in homes and possibly health effects. About 3,000 homeowners, most of them in Florida, Virginia, Mississippi, Alabama and Louisiana, have reported problems with the Chinese-made drywall. The Consumer Product Safety Commission is conducting an in-depth probe into the contaminated material.

(In Polk County, relatively few Chinese drywall cases have been reported but the material has turned up in at least 13 houses at the Lake Ashton development in Winter Haven and Lake Wales, according to recent Ledger reports. Some of the affected Lake Ashton residents say they are in talks with the community's developer to fix their homes.)

There is no jury in the Louisiana case, which deals with the claims of the Hernandez family. But the outcome of this trial, and other bellwether trials Fallon is handling, could serve as guidance for about 2,100 similar claims.

Fallon is expected to rule on what action should be taken to make the Hernandez home livable and whether the family is entitled to new appliances, electronics and other items that may have been damaged by corrosion. Claims over health problems are not being heard at this trial.

In this case, drywall manufacturer Knauf Plasterboard Tianjin Co. is arguing that the Hernandez home can be restored for about $54,000. The plaintiffs argue that cost is closer to $211,000.

The difference lies in the extent of what the two sides believe needs to be removed.

Both sides agree the drywall needs to be taken out. Knauf also has agreed to remove granite countertops, some electrical and plumbing parts, insulation and molding.

The plaintiffs say the home's wiring, appliances, and heating and air conditioning unit should be removed, too.

However, Knauf lawyer Don Hayden told Fallon the drywall had not ruined the home.

"This is not where we have to go in in big white space suits," he said.

"This is a typical construction job."

The home could be fixed in three months, and there would be no lingering problems once the drywall was removed, Hayden said.

In another drywall-related development, the Federal Emergency Management Agency has decided Florida won't get any assistance with drywall damage.

In a letter dated Friday, FEMA said the tainted drywall problem does not meet the federal criteria to be an emergency or major disaster.