(Chinese Drywall Sample Collection By Tampa Chinese Drywall Contractor Eric Stockland Of Charter Bay Home Builders…)

In this video Eric reviews all of the items which were kept as sample evidence to document the existence of Chinese drywall in this south Tampa home.  Because the owners of this home are pursuing legal action to recover damages due to their Chinese drywall problem, it is necessary to collect sample evidence per Judge Fallon’s Evidence Protection Order.  The last four videos in our Chinese Drywall Remediation Series have each dealt with elements of sample collection.  This video is the last one which will deal with sample collection.  The information in this video is relevant to those Chinese drywall homeowners who plan to pursue legal action for damages from their Chinese drywall problem.  However, if a homeowner is going to remediate their home, but doesn’t plan to pursue any legal action, then this step, along with the costs associated with sample collection, can be skipped.  Please note that in addition to the requirements shown in the video, there are additional steps and requirements which are necessary to be in complete compliance with the Judge Fallon Evidence Protection Order.  Therefore, as a homeowner you must ensure the chinese drywall remediation contractor you choose is experienced in chinese drywall remediation, is expertly versed in all aspects of the legal requirements involving sample collection, and carries the liability insurance necessary to perform Chinese drywall remediation work.

It is important to note that this video was shot after all demolition, and sample collection, was complete.  Since we have not yet shown any videos of the chinese drywall demolition process, this means this video is slightly out of sequence.  We felt this was appropriate to keep all of the sample collection videos in consecutive order.

For additional information on Chinese drywall, please visit the following Chinese drywall resources:

Tampa Chinese Drywall Video Series – The video series walks step-by-step through an entire Chinese drywall remediation project.  It also covers other issues homeowners should consider before beginning a remediation project.

Tampa Chinese Drywall Blog – The blog focusses on those issues directly relevant to any homeowner with Chinese drywall.

Tampa Chinese Drywall Twitter Feed – The twitter feed also focuses on those issue directly relevant to homeowners with Chinese drywall.  The blog contains more in-depth information while the twitter feed contains the more timely issues relating to Chinese drywall.

For additional information on Chinese drywall, please visit the following Chinese drywall resources:

Tampa Chinese Drywall Video Series – The video series walks step-by-step through an entire Chinese drywall remediation project.  It also covers other issues homeowners should consider before beginning a remediation project.

Tampa Chinese Drywall Blog – The blog focusses on those issues directly relevant to any homeowner with Chinese drywall.

Tampa Chinese Drywall Twitter Feed – This twitter feed also focuses on those issue directly relevant to homeowners with Chinese drywall.  The blog contains more in-depth information while the twitter feed contains the more timely issues relating to Chinese drywall.

On the surface the article that follows (see link below) seems like a good thing – The Chinese government is “cracking down” on Chinese manufactures who are producing a product that poisons it’s users (sound familiar?) – batteries in this case.  So far, so good.  However, if we can’t learn from history we are destined to repeat it (or in this case have it happen to us) again.  The Chinese government is INCAPABLE of policing itself.  What is acceptable to the Chinese government would be regarded as a pathetic standard to most of us.  When will we learn?  Really?  When are we going to put a stop to this?

The production – and our purchasing – of inferior Chinese products, and our massive trade deficit, has literally crippled this county’s manufacturing industry.  We no longer make anything.  Since we no longer make anything it should come as no surprise that we no longer employ any Americans to make the things we buy.  The viscous cycle goes round and round, and none of us seem to do anything about it.  No, scratch that, each of us fully support it with our purchasing dollars.  Sitting right in the center of this multi-faceted Chinese-based problem is the product distribution arm of the People’s Republic Of China – Walmart.  There are others of course, but Walmart is the grand-daddy of them all.

At first, the cheaper and cheaper products and convenience offered by Walmart certainly seemed like a good thing.  However, the far-reaching negative impact of this retail behemoth should be getting more and more clear to each of us.  Do we want to be part of the solution to get our country back on track, or are we willing to give the whole problem a pass if it only means we can continue to buy our t-shirts for $6?  If we decide to start being part of solution then we need to start buying less and less Chinese (foreign) products from Walmart.  Yep, Walmart is as bad as you have heard (not enough space to go into all the reasons here).  Start finding alternative American made sources for the things you need.  Start buying from small local companies.  Start to think more locally.  It won’t be easy though.  We struggle with this every day.  It turns out that buying American-made products these days is at times really, really difficult.  None of us can be perfect in this, but we can at least think before we buy.  We can start to recognize that our purchasing dollars can either support American workers, and the values that America stands for, or our dollars can support poorly paid Chinese workers and the values (no free speech, no free will, no democracy, worker exploitation, etc) that the Chinese government stands for.  We are all guilty of being part of the problem – and we recognize that the solution to the problems are much more complex than those outlined here – but taking personal responsibility for our own purchases can be done.

The following story is from All Headline News and was written by Kris Alingod

Chinese Battery Producers Halt Operations In Pollution Crackdown

For additional information on Chinese drywall, please visit the following Chinese drywall resources:

Tampa Chinese Drywall Video Series – The video series walks step-by-step through an entire Chinese drywall remediation project.  It also covers other issues homeowners should consider before beginning a remediation project.

Tampa Chinese Drywall Blog – The blog focusses on those issues directly relevant to any homeowner with Chinese drywall.

 

Tampa Chinese Drywall Twitter Feed – This twitter feed also focuses on those issue directly relevant to homeowners with Chinese drywall.  The blog contains more in-depth information while the twitter feed contains the more timely issues relating to Chinese drywall.

In our last blog –  How To Choose A Chinese Drywall Contractor – And Not Get Scammed (Tampa, Florida) – we talked about the simple steps you can take to choose a quality Chinese drywall contractor.  In this blog, we’re going to talk about what kind of red flags to look for as you search the internet for answers to your Chinese drywall problems.  With so many online sources of information about defective drywall, sometimes it’s difficult to determine whether the site you are looking at is a potential friend, a potential foe, or maybe just not quite what they make themselves out to be.  In your online search for solutions to your Chinese drywall problems be on alert for websites that may not be as authentic as they make themselves seem.  Here are some things to look for:

• “We’re approved!” – Be cautious of websites which claim they have a spray-on, or encapsulating-type, product which is “Approved”, “Tested”, “Proven”, “Authorized”, and the like.  To the best of our knowledge, at this time there are no spray-on applications of any kind which have been scientifically proven to eliminate the Chinese drywall problem.  Neither the the Consumer Product Safety Commission, or any other accredited independent testing laboratory, has approved of any such application to remove the problems associated with Chinese drywall.  Therefore, any company that also offers a “warranty” with their application should be met with healthy skepticism (and a detailed review by your attorney).  A piece of paper that says “CHINESE DRYWALL WARRANTY” is great, but if the fine print contains “weasel clauses” then it won’t be worth the paper it’s printed on.  At this time, the only “Approved” method (CPSC and Judge Fallon) to eliminate a Chinese drywall problem is to remove the problem drywall.
• “Who is running this thing?” – Be cautious of websites that make it difficult to determine who is “behind the curtain”.  Reputable companies will have names, addresses, phone numbers, license numbers, and other credentials listed on their websites.  Their website pages will make it clear who they are, where they work, and will provide evidence (not just words and fancy pictures) why they are qualified to do the work.  If the only information you can find about the company is located on the “Contact Us” page, then it should raise a red flag.
• “We’re experts, now drop your guard!” – Be cautious of self-professed experts with website names that appear to make them Chinese drywall experts.  There are some very active “information based” Chinese drywall sites, which are set up to look like independent authority sites, but appear to simply be a cleaver way to market their Chinese drywall application sprays, testing, inspections, and so forth.  Authentic companies are straight-forward in their marketing and their message to their potential clients.
• “We’re from everywhere!” – Be cautious of Chinese drywall websites that offer services, but do not seem to focus on any particular geographic area.  Building contractors, remediation companies, and remodelers can only effectively service small demographic areas.  As an example, we – Charter Bay Home Builders – can only effectively service the Tampa Bay (Florida) area.  In our case, a small demographic area means we can effectively service Hillsborough, Pinellas, Pasco, Hernando, and northern parts of Sarasota and Manatee counties.  If someone calls from Cape Coral, or to the extreme, New Orleans, we let them know that we are unable to help with their remediation.  A website that appears to service the entire state of Florida, or anywhere in the country, should raise some red flags.  In order for a company to help you with your project, they must at the very least have an established branch office in your area.  A Tampa contractor can easily service a client who lives in St. Petersburg, but a contractor based in Jacksonville cannot effectively service a Chinese drywall home that is located in Tampa.
• “Everyone is talking about us!” – Be cautious of “authenticity by association”.  Do not necessarily interpret story repetition to be “authenticity”.  Just because a story has been re-blogged, and re-tweeted, by others does not automatically make it authentic.  Authenticity is “the quality or condition of being authentic, trustworthy, or genuine.”.  When we see others reposting stories, blogs, and twitters we tend to think of that as an endorsement, and that tends to add credibility to the original source.  And the more times we see the same blog, story, or PR release posted by others, the more authenticity it seems to add to the original poster.  If the original post is from an authentic source, then this can be highly beneficial for everyone involved.  However, some bloggers and tweeters will simply repost things that have the words “Chinese drywall” in it.  If the story appears to have value they will blog it.  In many cases, they themselves are not experts, and don’t spend any time determining if the organization behind the story is authentic or not.  And in some cases, their systems are set up so that they never even read the original post before it is automatically reposted.  As we said, in many cases this rebroadcasting of information can have real value, but if the original source is inauthentic, no amount of reposting will change that.
• Who is quoting who? – Be cautious of websites and posts that continually quote themselves in order to give the appearance of authority on the subject matter.  For example, instead of saying “We believe”, or “We recommend”, some sites make it appear that their statements are being quoted by someone else, almost as if the story came about because they were being interviewed by a reporter (adds credibility).  As an example, they will write stories that begin like this:  ”Charter Bay Home Builders stated…”  They may simply do this in order to get their name listed more often in the post (which can add value), and in some cases this type of writing style can further a story and make it more readable; however, since they are writing their own story, and not being interviewed by a third party, when it is done over and over it starts to look a little suspect.
• Press Releases Are Good, But Not Special – Online press releases can be valuable because they can help readers find useful information; however, do not interpret press releases as having more legitimacy than any other blog, tweet, or the like.  These days, with numerous PR websites to choose from, anyone can release a “press release” about just about anything.  The point is this – the press release may have true value, and be from an authentic source, but just because it is a press release does not mean you should automatically assume it is.
• Got Any Real Photos? – Be at least a little leery of a Chinese drywall website that only has “stock” photography on their website and blogs.  Stock photos are professional photos purchased from an online photography site.  Having only stock photos on a site certainly does not automatically mean that a site is suspect (shooting your own professional looking photos can be quite challenging), but should simply raise a question in your mind.  If this company is such an expert in the field of Chinese drywall, why is it that they don’t have any photographs of work they have done?

The internet can be a wonderful tool, but it can also be a tool for deception.  Following these guidelines when trying to find answers to your Chinese drywall problems will help you to avoid getting bad advice, or working with people who don’t have your best interests at heart.

For additional information on Chinese drywall, please visit the following Chinese drywall resources:

Tampa Chinese Drywall Video Series – The video series walks step-by-step through an entire Chinese drywall remediation project.  It also covers other issues homeowners should consider before beginning a remediation project.

Tampa Chinese Drywall Blog – The blog focusses on those issues directly relevant to any homeowner with Chinese drywall.

Tampa Chinese Drywall Twitter Feed – This twitter feed also focuses on those issue directly relevant to homeowners with Chinese drywall.  The blog contains more in-depth information while the twitter feed contains the more timely issues relating to Chinese drywall.

For additional information on Chinese drywall, please visit the following Chinese drywall resources:

Tampa Chinese Drywall Video Series – The video series walks step-by-step through and entire Chinese drywall remediation project.  It also covers other issues homeowners should consider before beginning a remediation project.

Tampa Chinese Drywall Blog – The blog focusses on those issues directly relevant to any homeowner with Chinese drywall.

Tampa Chinese Drywall Twitter Feed – This twitter feed also focuses on those issue directly relevant to homeowners with Chinese drywall.  The blog contains more in-depth information while the twitter feed contains the more timely issues relating to Chinese drywall.

The Pollution Exclusion: Is The Crack In Chinese Drywall Widening

Last week’s opinion in Auto Owner’s relied in part on an unpublished opinion from late last year -Scottsdale Ins. Co. v American Safety Indem. Co., No. 1:10-cv-00445-WS-N (S.D. Ala.., Nov. 10, 2010).  Scottsdale, like Auto-Owners, held that the Pollution Exclusion did not apply because the pollution release did not occur while the contractors were performing operations.  The main difference between the two cases appears to be that Scottsdale arose from a coverage dispute between a builder and its a carrier while Auto-Owners involved a coverage dispute between a builder and the carrier for its subcontractor, for which policy the builder was listed as an additional insured.  This important case, which together with Auto-Owners, may well signal the eventual demise of the pollution exclusion in the CDW litigation, can no longer be overlooked.

Both Auto-Owners and Scottsdale implicate identical provisions which the courts find did not work to exclude coverage for the same reason -  the release of pollutants did not occur (in whole or in part) during the time in which the insured was “performing operations.”  As the Court stated in Scottsdale:

A reasonable interpretation of the plain words found in subsection f.(1)(d)(i) is that the release of pollutants and the insured’s performance of operations must occur contemporaneously for the Pollution Exclusion to apply. After all, the Pollution Exclusion is not worded to bar coverage for losses from pollutant releases at locations where the insured or its contractors “are performing or have previously performed operations,” but instead only excludes losses from pollutant releases at locations where the insured or its contractors “are performing operations.” That distinction may be critically  important here. The Underlying Actions appear to relate, at least in part, to pollutant discharge from Chinese drywall occurring long after Mitchell’s operations at the construction site subsided.

Could this be a harbinger of the day when insurance carrier’s will start indemnifying builders and suppliers of CDW for the claims of homeowners?  We think so.

The Pollution Exclusion: Is The Crack In Chinese Drywall Widening

For additional information on Chinese drywall, please visit the following Chinese drywall resources:

Tampa Chinese Drywall Video Series – The video series walks step-by-step through and entire Chinese drywall remediation project.  It also covers other issues homeowners should consider before beginning a remediation project.

Tampa Chinese Drywall Blog – The blog focusses on those issues directly relevant to homeowners with Chinese drywall.

Tampa Chinese Drywall Twitter Feed – This twitter feed also focuses on those issue directly relevant to homeowners with Chinese drywall.  The blog contains more in-depth information while the twitter feed contains the more timely issues relating to Chinese drywall.

The Pollution Exclusion: A Crack Appears in the Chinese Drywall Litigation

In a case which may set a important precedent for the entire Chinese Dry Wall product  liability litigation, a federal judge in Florida this week held that the insurance carrier for the supplier of CDW to a homebuilder had both a duty to defend and to indemnify the supplier for claims made by the builder. The case, Auto-Owners Insurance Company  v. American Building Materials, Inc., KB Home Tampa, LLC and KB Home, Inc., No, 8:10-cv-313-T-24-AEP (M.D. Fl.), arose from a dispute between Auto-Owners, the insurance carrier,  American Building Materials, a supplier of CDW, and KB Home, the builder which purchased CDW from ABM.  Auto-Owners brought suit seeking a declaration that it owes no duty to defend or indemnify ABM in a related lawsuit brought by a homeowner whose home was built by KB Home with CDW supplied by ABM.  The court found that there is coverage under ABM’s insurance policy for the claims asserted in the underlying lawsuit and none of the exclusions to coverage asserted by Auto-Owners applied.  The court first found that the policy’s pollution exclusion did not bar coverage. “For the exclusion to apply, the alleged “pollutants” at issue in the underlying lawsuit must be “[a]t or from any site or location on which you or any contractors or subcontractors working directly or indirectly on any insured’s behalf are performing operations . . . .”  the court found that the property damage arose from completed installation of drywall and did not arise while ABM was performing operations.Next the court found that the exclusion for clean up and removal efforts did not apply because the underlying lawsuit did not demand for this kind of relief.  The court also rejected the argument that the exclusion for recall costs was applicable, since  CDW has not actually been recalled from the market.   Finally, the court held that the “your products” exclusion did not bar coverage.  The ABM drywall was no longer a good or product once it was installed.  At that point, it became “real property” and was not within the policy’s definition of ‘your product.”   Critically, because KB Home was listed as an additional insured in the Auto-Owners’s policy, Auto-Owners duty to defend and indemnify extend to KB Home.  To the extent other builders were equally insistent with their subcontractors and are also identified as additional insured in their policies, this might mean the availability of a significant source of funding to resolve CDW case brought by homeowners against builder.  Insurance company participation is critical for the ultimate resolution of the CDW crises. Auto-Owners brings home that the time is coming when the insurance carriers for the thousands of defendants in this litigation will finally start to provide relief to homeowners.

The Pollution Exclusion: A Crack Appears in the Chinese Drywall Litigation