Chinese Drywall Recall Bill Introduced as More Lawsuits Filed

U.S. Senators from Florida and Louisiana introduced legislation this week to impose a Chinese drywall recall and ban on the defective drywall that has caused homeowners throughout the southeast to experience a strong smell of rotten eggs, damage to their electrical wiring and appliances and health problems caused by high levels of sulfur in the drywall.

The drywall problems have been linked to millions of pounds of the building material imported from China between 2004 and 2007, which was made from waste material collected from the chimneys of coal-fired power plants, known as fly ash residue.

The Chinese drywall contains high levels of sulfur compounds which could produce a strong smell of spoiled or rotten eggs throughout the house. The gases have also caused homeowners to experience repeated problems with their air conditioning system coils and other wiring throughout the home, which could become corroded.

The Drywall Safety Act of 2009 was introduced by Sen. Bill Nelson (D-Fla.) and Sen. Mary Landrieu (D-La.) on Monday, seeking a recall of Chinese drywall and a temporary ban on use of the materials made in China.

The legislation would also require the Consumer Product Safety Commission, National Institute for Standards and Technology and the Environmental Protection Agency to work in conjunction on a study of Chinese drywall imported into the United States between 2004 and 2007 for use in residential homes throughout the country.

“This defective Chinese drywall represents an attack on our homeowners, a defrauding of our homebuilders and another obstacle on our road to recovery,” Sen. Landrieu said. “The Consumer Product Safety Commission should have been the first line of defense in preventing this inferior product from entering the U.S. market in the first place.

“The federal government now has a responsibility to assess the full scope of the problem and immediately prohibit further importation,” she said. “We also need to help our struggling homeowners with the repair costs that will be necessary to rid their homes of this toxic product.”

Chinese drywall lawsuits have been filed throughout Florida against the makers, exporters and suppliers of the defective drywall as well as retailers who sold the product and builders who used it. The lawsuits seek compensation for homeowners who now have to replace every piece of drywall in their homes and will likely suffer a diminished value for their home.

Earlier this month, the first defective drywall class action lawsuit outside of Florida was filed in Louisiana on behalf of homeowners in that state. It is believed that homes in Louisiana that were damaged during the 2005 hurricanes may have built with the Chinese drywall because of the sudden increase in demand created by a national housing boom at the same time.