January 27, 2010
Written By Attorneys: Mark H. Rosenberg and Robert T. Horst
This article is an interpretation of current law and is offered for informational purposes only. This material is not legal advice and should not be construed or used as a substitute for the advice of an attorney.
The Florida Department of Health's recent publication of a "Self-Assessment Guide" to assist Florida homeowners in determining problems with defective Chinese drywall is likely to increase the number of reported claims in the state. This Guide, which is available at http://www.doh.state.fl.us/Environment/community/indoor-air/inspections.html, offers homeowners three simple steps to determine whether a residence may be affected by the defective drywall.
First, the Department notes that defective Chinese drywall is found only in homes constructed, renovated, or repaired with drywall replacement since 2001. Second, the Department observes that sulfur emissions from defective drywall may be manifested through the corrosion of air conditioning evaporator coils, resulting in the blackening of copper in and around the air handler unit and/or repeated failure of the evaporator coil. The Department advises that while a homeowner may be able to inspect these coils himself or herself, a licensed air conditioning contractor may be most qualified to inspect the coils depending upon their location in the house.
Finally, the Department notes that emissions from defective drywall may also result in the corrosion of items such as copper wires, ground wires, electrical connections, un-insulated and un-coated copper pipes and fillings, chrome-plated bathroom fixtures, silver and copper jewelry, and mirror backing in bathrooms. While most of these items may be inspected by the homeowner, the Department recommends retaining a licensed electrician to examine electrical system components.
The publication of this Guide, together with similar publications advising homeowners on how to check for problems arising from Chinese drywall, may encourage additional homeowners to inspect their residences for such problems. Problems with Chinese drywall continue to receive a great deal of media attention; insurers must remain prepared for a continued volume of drywall claims in the months and years to come, despite the existence of pending litigation referenced in previous e-alerts from NLdH .
NLdH will continue to closely monitor issues pertaining to Chinese drywall and will report all significant developments. Any questions or inquiries about this matter may be directed to Mark H. Rosenberg, 215-358-5198 or MRosenberg@nldhlaw.com.
