Posts Tagged ‘Wood Smith Henning & Berman LLP’

Factors to Consider When Faced With Chinese Drywall Claim

We authored a legal guide on about what Builders & Suppliers should do If They Have Installed or Supplied Chinese Drywall.

The folks at Coastal Contractor magazine highlighted another such “guide” from attorneys at Wood Smith Hening & Berman, LLP.    The useful guide is titled “Chinese Drywall Personal Injury Claims: Lessons from Prior Mass Torts.”

While our discussion focused on practical choices facing builders and suppliers who should move quickly to mitigate their damages, involve insurance and retain counsel….this guide focuses on the mass tort aspect of the Chinese Drywall claims.

A tort – for the non-lawyer readers – a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations.  Usually, they are commonly referred to as “personal injury” damages.

As the authors in the Mass Torts guide discuss, the Chinese Drywall claims are interesting in that they present construction defect claims & tort claims.    The authors suggest that builders, suppliers and other effected parties should learn from prior mass tort cases in preparing their defenses.

The thesis is good, and useful for both construction attorneys and construction industry participants faced with these claims.  It ties in to previous discussions here at the Chinese Drywall Blog about whether Class Actions are a right fit for drywall claims and about builder exposure in the claims.

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