Comments on: Chinese Drywall Crisis Presents Builders, Construction Lawyers and Homeowners With Difficult Choices (Construction Lawyers) http://www.constructionlawmonitor.com/2009/04/chinese-drywall-crisis-presents-builders-construction-lawyers-and-homeowners-with-difficult-choices-construction-lawyers/ Tue, 07 Feb 2012 15:09:08 +0000 hourly 1 http://wordpress.org/?v=3.3 By: Construction Law Monitor http://www.constructionlawmonitor.com/2009/04/chinese-drywall-crisis-presents-builders-construction-lawyers-and-homeowners-with-difficult-choices-construction-lawyers/comment-page-1/#comment-47 Construction Law Monitor Wed, 13 May 2009 07:47:41 +0000 http://constructionlawmonitor.com/?p=155#comment-47 <strong>Chinese Drywall Crisis Presents Builders, Construction Lawyers and Homeowners with Difficult Choices (Homeowners)</strong> Previously, we examined difficult choices and considerations facing builders and construction attorneys who have installed or supplied Chinese Drywall. Today, we are going to comment on the most injured party to the imported drywall crisis: the Homeown... Chinese Drywall Crisis Presents Builders, Construction Lawyers and Homeowners with Difficult Choices (Homeowners)

Previously, we examined difficult choices and considerations facing builders and construction attorneys who have installed or supplied Chinese Drywall. Today, we are going to comment on the most injured party to the imported drywall crisis: the Homeown…

]]> By: Marc http://www.constructionlawmonitor.com/2009/04/chinese-drywall-crisis-presents-builders-construction-lawyers-and-homeowners-with-difficult-choices-construction-lawyers/comment-page-1/#comment-46 Marc Thu, 07 May 2009 15:23:50 +0000 http://constructionlawmonitor.com/?p=155#comment-46 I found that I have this stuff in my house. A rep from the Drywall co. is coming next week to do an inspection. I wonder if I should see what thy say or get a Lawyer? Thanks I found that I have this stuff in my house. A rep from the Drywall co. is coming next week to do an inspection. I wonder if I should see what thy say or get a Lawyer?
Thanks

]]> By: Scott Wolfe http://www.constructionlawmonitor.com/2009/04/chinese-drywall-crisis-presents-builders-construction-lawyers-and-homeowners-with-difficult-choices-construction-lawyers/comment-page-1/#comment-45 Scott Wolfe Sun, 03 May 2009 16:19:40 +0000 http://constructionlawmonitor.com/?p=155#comment-45 Thanks Andrea! Not sure about how homeowners insurers are handling the claims across the board, but the talk is that insurance companies are denying coverage based on the pollution exclusion. I wrote about one suit by a homeowner against their homeowners insurance policy on the Chinese Drywall Blog here: <a href="http://chinesedrywallblog.com/2009/04/homeowner-sues-their-homeowners-insurer-for-chinese-drywall-defects/" rel="nofollow">http://chinesedrywallblog.com/2009/04/homeowner-sues-their-homeowners-insurer-for-chinese-drywall-defects/</a> As you can see from reading the pleading (linked in that article), the denial of insurance based on pollution exclusions is at the heart of the complaint. We'll see what happens. Thanks Andrea! Not sure about how homeowners insurers are handling the claims across the board, but the talk is that insurance companies are denying coverage based on the pollution exclusion.
I wrote about one suit by a homeowner against their homeowners insurance policy on the Chinese Drywall Blog here:
http://chinesedrywallblog.com/2009/04/homeowner-sues-their-homeowners-insurer-for-chinese-drywall-defects/
As you can see from reading the pleading (linked in that article), the denial of insurance based on pollution exclusions is at the heart of the complaint.
We’ll see what happens.

]]> By: Andrea Goldman http://www.constructionlawmonitor.com/2009/04/chinese-drywall-crisis-presents-builders-construction-lawyers-and-homeowners-with-difficult-choices-construction-lawyers/comment-page-1/#comment-44 Andrea Goldman Sat, 02 May 2009 09:03:30 +0000 http://constructionlawmonitor.com/?p=155#comment-44 Scott, Thank you for keeping us informed on this important topic. How are homeowners' insurance policies handling this issue? Are they rejecting the claims outright? -Andrea Scott,
Thank you for keeping us informed on this important topic. How are homeowners’ insurance policies handling this issue? Are they rejecting the claims outright?
-Andrea

]]> By: Scott Wolfe http://www.constructionlawmonitor.com/2009/04/chinese-drywall-crisis-presents-builders-construction-lawyers-and-homeowners-with-difficult-choices-construction-lawyers/comment-page-1/#comment-43 Scott Wolfe Fri, 01 May 2009 12:13:31 +0000 http://constructionlawmonitor.com/?p=155#comment-43 Hi Chris - Thanks for stopping by. Yea, your points are good here. The funny thing about these Chinese Drywall cases is how messy these issues become. Every state is different (i.e. the VA economic loss rule's applicability), and each plaintiff has to look at the possible defendants and determine how practical it is to collect from them. Hi Chris – Thanks for stopping by. Yea, your points are good here. The funny thing about these Chinese Drywall cases is how messy these issues become. Every state is different (i.e. the VA economic loss rule’s applicability), and each plaintiff has to look at the possible defendants and determine how practical it is to collect from them.

]]> By: Christopher G. Hill http://www.constructionlawmonitor.com/2009/04/chinese-drywall-crisis-presents-builders-construction-lawyers-and-homeowners-with-difficult-choices-construction-lawyers/comment-page-1/#comment-42 Christopher G. Hill Thu, 30 Apr 2009 11:39:51 +0000 http://constructionlawmonitor.com/?p=155#comment-42 Scott, Don't forget that a class action required a commonality of damage, etc. also. The drywall can cause different damages in different situations. Also, there are issues, at least in VA with the "economic loss rule." On the other hand, the individualized suits may or may not pan out with the home building industry in such disrepair right now. Scott,
Don’t forget that a class action required a commonality of damage, etc. also. The drywall can cause different damages in different situations. Also, there are issues, at least in VA with the “economic loss rule.” On the other hand, the individualized suits may or may not pan out with the home building industry in such disrepair right now.

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