Florida's Chinese drywall problem continued to fester in late
March and early April. And the defective drywall also has been
cropping up in other Gulf Coast states, including Mississippi and
Louisiana.
In Florida, Governor Charlie Crist has requested Federal help
with investigations. In a letter to
officials at the U.S. EPA and the Centers for Disease Control and
prevention, Crist asked for technical assistance for the Florida
Department of Health from Environmental Response Teams and
Industrial Hygeinists from the Agency for Toxic Substances and
Disease Registry.
Florida is already beginning to learn more about the Chinese
drywall on its own, however. The state sent four drywall samples to
Unified Engineering, an Illinois consulting laboratory, for
testing. According to the
lab's report, three Chinese drywall samples contained elevated
levels of elemental sulfur and also an unusual sulfur compound,
strontium sulfide.
Subjected to heat and humidity in a test chamber, the three
Chinese samples emitted sulfur-containing gases: hydrogen sulfide,
carbonyl sulfide, and carbon disulfide. An American-made drywall
sample, manufactured by National Gypsum, also emitted those gases,
the report said. However, it appears likely that the National
Gypsum sample had been cross-contaminated by the other samples
— the American drywall was removed from a home that also
contained Chinese drywall, and the samples were shipped together to
the lab in the same container, without measures to isolate them
from each other.
Besides the mineral content differences, the Chinese drywall had
another ingredient that made it different from the American
drywall: a high proportion of organic matter. While the U.S.-made
sample had negligible organic matter content, an ash test of the
Chinese samples showed organic matter content of 5.6%, 6.5%, and
15.1%, respectively.
Louisiana's Troubles
Florida appears to have been the biggest market for Chinese-made
drywall in recent years. However, significant amounts were
evidently shipped to Louisiana, Mississippi, and Alabama as well.
In Louisiana, home inspectors Ron and Julie Hufft, of Abita
Springs-based Colonial Inspection Services (985/875-7701), have
sent samples for testing from a handful of houses. The homes showed
the typical "red flags," says Julie Hufft — corroded copper,
drywall labeled as Chinese-made, and occasionally a sulfur odor.
("Many times, people are having to have their evaporator coils
replaced several times in fairly new homes," she says.) Testing by
a Florida laboratory confirmed the homeowners' suspicions, Hufft
reports: the samples emitted the same gases found by Unified
Engineering in official Florida state testing.
"Made in China" labeling from drywall in a
Louisiana home. Source: Colonial Inspection Services, Abita
Springs, LA (985/875-7701)
Gray-colored corrosion patina on a copper
water supply line under a sink in a home with Chinese-made drywall.
Source: Colonial Inspection Services, Abita Springs, LA
(985/875-7701)
A bundle of gray copper ground wires in the
electrical panel of a Louisiana home with Chinese-made drywall,
showing gray-colored corrosion products caused by sulfur-containing
gases. Source: Colonial Inspection Services, Abita Springs, LA
(985/875-7701)
Louisiana building performance consultant Paul LaGrange has also
seen the problem, and provides information for homeowners on his
blog — including this photo of an evaporator coil showing
the classic gray patina of sulfur-caused corrosion.
Copper tubing darkened by sulfur-caused
corrosion, on an air conditioning evaporator coil removed
from a Louisiana home containing Chinese-made drywall. The classic
red flag for contaminated drywall is repeated failure of air
conditioning coils within a short span of time. Source: Robert
Lazaro Jr., LaGrange Consulting (www.lagrangeconsulting.com)
Julie Hufft cautions homeowners against relying on home air
testing — especially tests that screen for just one gas. She
says, "There are several sulfides. One of the misconceptions out
there is that you are only dealing with hydrogen sulfide, but we
have found at least five [sulfur compounds released by] this
drywall." Ambient air testing alone could provide a false
reassurance, says Hufft: "Some people think they can go around with
a hydrogen sulfide meter and do air quality tests. But you're
dealing with more than just hydrogen sulfide, and that's all that
meter is going to detect. So you have to sample the drywall and
send it to an accredited laboratory and let them extract the
sulfides from it. But the testing is extremely expensive."
For homeowners who discover that they do have the contaminated
drywall, says Hufft, the news can be devastating. "They're
completely broken," she says. "This is a situation where people are
having to decide that they have to leave their home — a home
that they still have to pay a mortgage on. And these are, in many
cases, people who have already lost everything they own from
Katrina, and now are finding out that they are going to lose it
again."
Builders at Risk
Builders, remodelers, and even drywall contractors, of course, are
also victims in the Chinese drywall story. As Hufft says, "It's
heartbreaking for them too, on a completely different level.
Because they had no way of knowing — homeowners, builders,
everyone is completely innocent. Who would have ever thought
anything like this could happen?"
New Orleans attorney Scott Wolfe, whose law practice focuses on
representing builders and contractors, has just opened a separate
branch of the practice to address Chinese drywall issues. Wolfe's
blog on the topic is here.
Wolfe says builders, remodelers, and trade contractors have a
direct legal responsibility to buyers of new homes under the
state's "New
Home Warranty Act," which specifies a five-year structural
guarantee and a two-year guarantee for sub-systems such as plumbing
and electrical systems. The warranty law applies only to new homes,
he notes, not to, for example, Katrina-related rehabilitation
work.
But Wolfe says ordinary tort and negligence claims could still
leave builders on the hook for the drywall problem. And he says
that if contractors know, or even suspect, that the drywall they
used in past jobs could be contaminated, they take on a duty to
warn the homeowners, and possibly to correct the problem. He
recommends that contractors who think they might be exposed to
liability should get legal help as soon as possible.
Will the Chinese Stonewall?
So far, responses from Chinese authorities to the drywall problem
appear to be defensive. The Wall Street Journal's "
China
Journal" blog cites comments by Xu Luoyi, head of the National
Building Materials Industrial Technology Supervisory Research
Center, who claims that the Chinese product has not caused any
complaints in China, despite being extensively used there,
including for construction of Olympic facilities. Luoyi reasons
that climate issues may play a role.
Expanding trade with China in recent years has created a complex
challenge for Western companies doing business there, particularly
with regard to quality control and accountability. The problem is
thorny enough that a London-based think tank and consultancy, the
"
Ethical
Corporation Institute," is offering a 795-Euro confidential
briefing for global executives on how to address supply-chain
corruption in their dealings with China.
From the course's free Executive Summary: "Several companies
have had to deal with supply chain corruption very publicly. These
include Fronterra (milk), Nestle (baby formula), DuPont (non-stick
pans), Procter & Gamble (cosmetics), Johnson & Johnson
(baby foods), Kraft (GM ingredients), Lipton (tea), Smith Kline
& French (anti-inflammatory drugs), Colgate (toothpaste) and
Haagen-Dazs (ice-cream)."
In China, notes the summary, rules can be very sketchy: "Local
[Chinese] business culture is traditionally based on relationships
and often involves running businesses in partnership with family or
friends – making related-party transactions, soft lending and
non-contractual agreements the norm rather than the exception. This
tradition, together with the endemic bribery and gift-giving which
are still a major part of relationship-based business in China,
despite government attempts to limit the practices, increases the
challenges for multinational corporations tasked with meeting
global compliance standards."
So while the problem of analyzing the contaminants in the
Chinese drywall may yield to laboratory techniques of U.S.
government scientists, the question of how those ingredients found
their way into the drywall — and of who is responsible
— may be hidden in much murkier waters.