Chinese drywall remediation rights not a slam-dunk

February 20th, 2010

As South Florida Chinese drywall lawsuits head to trial in federal court, local construction companies are rushing to market with offers to remediate properties affected by the material.

But legal experts debate whether or not homeowners are signing their legal rights away in exchange for a property that can never be truly remediated.

In late December, Homestead residents Jason and Melissa Harrell saw movement in their lawsuit against Palm Holdings, Banner Supply, South Kendall Construction and Keys Gate Realty over Chinese drywall issues that forced them out of their home in 2006.

Their victory could open the door to a wave of new suits — if homeowners don’t let builders attempt to remediate, according to Allison Grant, a member of the commercial litigation and construction litigation practice groups at the law firm Shapiro, Blasi, Wasserman & Gora in Boca Raton.

Grant said builders pressured homeowners into contracts to remediate their home from Chinese drywall. Now, she warns homeowners not to buy into the remediation hype — and speaks from personal experience. Her $200,000 investment property was diagnosed with Chinese drywall. She can’t rent the unit, and the property is now appraised at $17,000. Remediation wasn’t the answer.

Read the rest of my story on The Real Deal.

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