I Filed a Lawsuit Because of Tainted Chinese Drywall in My House
I was interviewed by Channel 7 News this morning. They’re reporting on an issue with South Florida builders, specifically South Kendall Construction (the builder of my house), using tainted Chinese Drywall in the construction of homes built between 2005 and 2007. I need to make a statement about what’s going on, especially since this stuff is beginning to come out. I want you to hear it from me first.
ISSUE
I signed a contract to build my house in Keys Gate in 2005. We moved into the house in 2006. It’s a big investment. I expected my family would be safe and protected from the elements. We love and take care of our family by watching what they eat and what they are exposed to. My son, Blake was even born in our home because we trusted this house to be such an environment.
Our home has a lot of tangible and intangible value to us. We anticipated living there for a long time…hope I still can. I’m in limbo right now about how that is going to turn out though. We’re actually looking for a rental home to move into while we’re dealing with this. I don’t know how the finances of that are going to work out. But, that comes second to the health and well being of my family.
Basically, my builder has not made it right or offered to make it so far. . My builder says there are acceptable levels of sulfuric acid in the air in the homes they’ve tested. That isn’t going to fly. Lennar doesn’t seem to be delaying or sidestepping responsibility. According to this USA Today article, they’re taking ownership for their responsibility and suing organizations that supplied them with the product. They are going on record as standing with their homeowners in the process. They are relocating and fixing homes for 80 families right now.
In the meantime, I’ve filed an insurance claim. I’m waiting on their response.
EXPECTATION
I want my housing situation to be righted. I want to be assured that my family is safe. That’s a reasonable expectation for me to have from the people that promised me a house free of defect. I paid good money for that expectation.
I’m not the only one either. The Lt. Governor of Florida, Jeff Kottkamp is dealing with it as well. His family has been living with it for two years. Like me, they NOW know what the problem is. And, they’re moving out because it was making his family sick. There is a growing chorus of credible voices that are ticked about what has been done.
THE PROBLEM
Unknown to us, when our house was built, it was built with Chinese Drywal, a drywall that is apparently tainted with chemicals that corrodes anything in the house that is copper, silver, and some other metals (plumbing, electrical, A/C coils, fixtures, computers, etc…). We’ve replaced 4 sets of A/C coils, 2 copper elements in our microwave, lights, and electrical outlets, which fail to the point that I have a hard time keeping up with my light bulbs. Additionally, the drywall emits a sulfur smell (bad eggs). We have attempted to cover it up with the smell of burning candles. Apparently, when the drywall comes into contact with water, it reacts and emits hydrogen sulfide, sulfuric acid, and who knows what else.
We’ve dealt with these issues since nearly day one of moving in. We’ve looked for mold, dead pigeons in our ducts, had drywall replaced, windows sealed, etc… It was really bewildering trying to figure out what was going on. Additionally, there are health concerns, which we’ve experienced and which seem to be common among home owners in our situation. They are troubling. There are no long term studies that tell you what the implications are down the road.
It has been determined by multiple environmental services and builders, including Lennar and my builder that the only way to remedy the problem is to remove and replace the drywall and affected systems, which means everything on the inside of my house will have to be stripped out (think showers, cabinets, lighting, etc…). We’ve just not had an offer to get that done. I’m not going to wait and willingly submit my family to that environment and hope that the people responsible do what’s right. Hope isn’t a strategy. So, I’m ready to help those responsible along. If they do what’s right, then this will be over soon. If not, I’ll do what I have to do to take care of my family. Say whatever you like about me. But, if you mess with my family, we’re going to have problems.
Immediately with my builder, this affects residents of Palm Isle Estates, Augusta Greens, and Arbor Park in Keys Gate. It also affects countless other residents throughout FL, AZ, LA, and other states. This is a big, big issue. If you want to know the scope of it, check Google news.
WHAT I’M DOING
- I secured legal counsel through the Mark Blumstein and Higer, Lichter, & Givner Law Firms.
- I contacted Mayor Lynda Bell on Saturday of last week to talk to her and let her know what I planned to do. I value my community and the relationship I have with some great people in what I consider the best town on the earth. We had a good talk about appropriate next steps. I let her know this would be affecting a lot of her constituents. Because I respect her and appreciate our friendship, I wanted to let her know what I was doing and what was coming.
- I consulted with some other pastors and people whose counsel I value since this situation will affect more than just my family.
- After much thought and counsel and without any reservation, we filed a class action law suit in Miami-Dade County Business Court on Tuesday against those responsible to recover losses that we unknowingly sustained from their negligence.
I wanted to share it with you in the event you have been dealing with this in your home here in Homestead, especially since SKCC built 819 homes in 2006 alone. And, in the event you wanted to know why a pastor was engaged in a lawsuit, know that:
- I have worked to get this resolved for two and a half years. I’ve decided to expedite the resolution, especially now that I know the potential health ramifications and how broad of an issue it is.
- I don’t play around with issues concerning my family. My wife is the most gorgeous woman on the planet. My kids are unbelievably precious to me. I’m protective of them. I’m going to make sure they’re safe. That’s my job as a dad and a husband.
- My home is my biggest investment. It may now have become my biggest liability.
- There is no Scriptural prohibition against such action. There is actually a mandate to watch against those who would steal form my home (Luke 24:43). Further, as a pastor, I am told by Paul that if I cannot manage my home, I have no business managing the church (1 Timothy 3:5).
So, there you have it. It’s out there.
Supporting articles:
South Florida Business Journal on the Lawsuit
VIDEO: WSVN – Channel 7 Article at Jason and Melissa’s House
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Travis, you’re doing the right thing… Good job.
Comment by Brandon Bowers | February 5, 2009 |
Yeah, if you ever need someone to, well, force the issue (by using excessive force that may or may not include knocking someone’s teeth out) – just let me know. =) I’m like you – I’m a real nice guy until you put my family in danger.
Comment by Kevin Walker | February 5, 2009 |
Travis,
You must protect yourself and your family. There is no other option. And the only way something will be done to correct this is by doing exactly what you were forced to do.
Now I just hope that things move along for you and solutions are found quickly.
Best,
Frazier
Comment by Frazier | February 6, 2009 |
Travis,
It’s tragic when situations like this happen, especially when negligent. There are other options available to help assist in alleviating the high out of pocket expenses. These expenses will be impacting all who are effected. What ever I can do to help, feel free to call on me.
A prayer for the FAM!
Marcos Morales
Comment by Marcos Morales | February 6, 2009 |
Travis,
I believe you’re doing the right thing. Protect your family, right whats wrong.
Praying for you man
Rod
Comment by Rod Cannon | February 6, 2009 |
Our home also has Chinese Drywall. We settled in 2006 and our punch sheet which we found has smell written on it.
Also during our punch sheet the mirrors had turned black, and drains were also black. The builder Taylor Morrison took care of this under the warranty, however they did not think there was a smell.
We only use this home in the winter, but that does not make it any less important to us. We try and come as often as possible, and it was our “happy” place. Two days ago after confirmation of Chinese Drywall, we vacated our home.
The smell is not so much like rotten eggs to me. It was more like a wood burning or maybe a varnish smell.
I kept thinking something was dead in the walls.
When we returned this Oct. the smell was as strong as ever, and our mirrors had all turned black again, our drains all pitted again, and our new TV and computer had gone bad.
We left to return in Dec. and when company came over, she said, you had better check for Chinese Drywall.
Because I had never heard of it, I decided to call the builder. After three calls none of which were returned, I went home for a few days, and returned in January, and called the corporate office. We had all been noticing scratchy throats, burning of the eyes, and also nasal drip and headaches.
Taylor Morrison sent out three men on the morning of the 2nd of February. They said it was their first complaint, however this is not true. There is a girl who complained some time ago, only to be told they would put in a air purification system.
These three men said they had never heard of it, and they only use good materials. Read their web site, FALSE ADVERTISING at its best.
I told them my daughter and i needed to be relocated immediately. Taylor Morrison has many empty homes that should not be effected.
Taylor Morrison then called me and said they had no proof it was a health hazard and did not believe i had Chinese Drywall. They told me they had not used it.
I then called the Health Dept to find out that there was a simply way of testing to verify you may have it.
That is to pull off an outlet and if the cooper wire is black, chances are very good you have Chinese Drywall.
The outlet was pulled the wire black.
The fact the air conditioner had failed also pointed to a problem.
After finding a black wire, I called Taylor Morrison with my findings and told them to come look. I had company, and I will tell you they were simply appalled at the statements made by their company rep
Birch from Taylor Morrison said he smelled it but that it was again probably not Chinese Drywall. My friends told him we were being poisioned. I contacted the law offices I saw who were handling cases. Ultimately I chose Richard Serpe of Virginia.
I again contacted Taylor Morrison this time calling the CEO directly. This time i got her assistant who while having a sympathic ear, said she could only relay the messages. She said the CEO of the Southwest Division would call me.
HE did not . I told Dawn the assistant we needed to be relocated. She said she would again relay it.
I also then got a call from the CEO of the SW division who said that it was not dangerous. I hung up.
Taylor Morrison does not care, their web site is false, and they left me in harms way. Anything that shuts down TV’s, ruins mirrors, and pits metal can not be good for you.
Further, I believe the state of Florida should condemn all of these homes until proven they are SAFE! Why are we waiting to prove they are not.
Two days ago, an investigator with my attorneys office and an engineer came and spent six hours in my home. He is an expert and immediately identified the smell. However being a scientist, he pulled samples from outlets and the AC.
After gaining much of his evidence, labeling it, and taking photos and videos, the said he really needed a piece of drywall. Knauf Tianjin was making much of what was being found to be defective. After cutting into the wall, and putting his scope in, he found a big piece with the name Knauf Tianjin very big on the boards.
I cried and am still in shock. I am worried about my health and my families health. We immediately vacated the premises. We are now in Naples at friends trying to find a rental in high season. I need to be here to move our things out, and to be available . We have friends with plane tickets coming and we have no home. My business is internet out of my home and I can not work. I have lost sleep and am writing this at 2 am. I am worried about our health, and do not know what to do next.
Our homes, all of us with Chinese Drywall have a very big problem. They need to be plowed to the ground. Their value is nothing. Even if the unit is gutted out, forever we must disclose if we sell that the homes have Chinese Drywall.
The state needs to step up. Our builder Taylor Morrison has treated us as if we are a thorn in their side, and has done nothing. In fact they said it would be two weeks to be tested something I had done within in 24 hours. They would not have anyone call who did not say they did not use Chinese Drywall.
The CEO Sheryl Palmer would not return my calls. Her assistant said she knows about it, and can not help me, because they have to help anyone the same.
What I know is the engineer who is testing daily said he had never seen it that bad.
I hope we all get help, and someone helps us.
Taylor Morrison used sub standard materials and then told me to deal with it.
Now the attorneys get rich, all around the country, but at least they protect us.
Comment by Rene Galvin | February 7, 2009 |
My family and I vacated our home. We are sick. This chinese drywall does cause health problems. Do not listen to your developer. Get out immediately. Do not take anything from within the home. It is contaminated. This is a serious problem and will surface soon enough. Prayerfully sooner than later.
Comment by Jennifer | February 10, 2009 |
[...] house is trashed because our builder installed drywall that emits toxins. When we found out, we got out of our [...]
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