Lawmakers Ponder Response as Chinese Drywall Pain
Lingers
It has been three years since the problem of defective
Chinese-made drywall first began to make headlines in Florida
and other coastal states. But courts and lawmakers are still
struggling to come to grips with the problem. This month,
lawmakers from Virginia and Florida
€” states where significant
quantities of the bad material ended up in homes
€” are making a push to hold Chinese
manufacturers accountable, and to ensure that no more dangerous
drywall enters the country.
In Virginia, four Congressmen representing districts in the
Hampton Roads region held a press event at a house built with
Chinese drywall to draw attention to legislation they're
sponsoring that would attempt to force the material's overseas
manufacturers to submit to U.S. legal jurisdiction in
drywall-related civil suits, the
Newport News Daily
Press reported
("
Hampton Roads congressional delegation highlights Chinese
drywall problem," by Joe Lawlor).
"Vowing to help homeowners were U.S. Reps. Scott Rigell,
R-Virginia Beach; Robert C. "Bobby" Scott, D-Newport News; Rob
Wittman, R-Westmoreland; and Randy Forbes, R-Chesapeake," the
paper reported. Besides requiring Chinese exporting firms to
follow U.S. court orders, the group's bill would also ban
further imports of drywall from China, and would regulate
disposal of defective drywall removed from homes during
demolition and remediation, to prevent it from being recycled
and re-used. But Congressman Rigell "acknowledged that it would
be difficult to force Chinese companies to comply with orders
by U.S. courts," the paper reported.
(One manufacturer, Knauf Tianjin, has agreed to pay for
remediation of thousands of homes in a settlement in Federal
court. But that company is owned by the German building
materials conglomerate Knauf, which has extensive business
assets in the United States and is vulnerable to U.S.-based
damage collection efforts. Other Chinese drywall makers have no
such exposure to U.S. enforcement action.)
But in the meantime, U.S. federal courts are still tangled
up in the arcane points of law that accompany any product
defect lawsuit. One vexing issue is whether homeowner's
insurance should cover the damage done to buyers of homes built
with the defective drywall, or whether the coverage is excluded
by one of the many disclaimers that insurance companies
routinely attach to insurance contracts. In just one of many
similar cases, the U.S. Court of Appeals for the Fourth Circuit
recently "certified" a legal question to the Virginia Supreme
Court, asking the state court to rule on an unclear point of
state law concerning such an exclusion. The homeowner in the
case, Larry Ward, is suing to force his insurance company,
Travco, to pay for remediation of his Chinese drywall house
(see
"
Travco v. Ward"). But the insurance company has declined,
arguing that coverage is excluded in cases where the damage is
the result of "latent defect or inherent vice," "faulty,
inadequate or defective materials," "rust or other corrosion,"
or "pollutants."
For various reasons, Ward's attorneys (with help from NAHB
lawyers) argue that the four exclusions don't necessarily rule
out coverage of Chinese drywall damage to other parts of the
house. But the answer to that question depends on state law
€” which is the state court's job to
decide. And while the issue is under review, Virginia
homeowners like Ward €” and
companies such as his builder €” are
still holding the bag.