Is My Drywall Chinese? - HB Litigation Conferences

"The Writing Is on the Wall": Defective Drywall Claims Prompt More Legal Action
By Sheila Raftery Wiggins
Spring 2009
Building & Bonding: The Construction Group Newsletter
Drywall is, literally, all around us. Yet, some drywall is allegedly causing property damage and
prompting health concerns. Thus, the next wave of construction litigation has hit our shores—
defective drywall claims. Drywall is a building material used to make interior walls and ceilings.
It is primarily gypsum wrapped in paper, but the core can also have added fiber, plasticizers,
foaming agents, potash and various other ingredients to inhibit the growth of mildew and
increase fire resistance. Impurities in this core material can cause problems, including adverse
environmental conditions in residences or other buildings where the drywall is installed.
After the hurricanes of 2004 and 2005, reconstruction led to a sharp increase in the demand for
drywall. Drywall shortages hit first and hardest on Florida's Gulf Coast, leading contractors and
distributors to start obtaining drywall from Chinese manufacturers. Reports state that at least 550
million pounds of Chinese-made drywall have been offloaded at multiple U.S. ports since
2006—enough to build 60,000 average-size homes. One of the largest concentrations to date of
Chinese drywall has been found in Southwest Florida. Reports state that enough Chinese-made
drywall shipments to build 36,000 homes landed in Florida ports.
Primarily two kinds of drywall board were imported: half-inch standard drywall and 5/8-inch
"fire-rated" or type "X" drywall. Building codes mandate the use of "fire-rated" drywall for
certain construction, such as interior and exterior walls near furnaces, because it delays the
spread of fire in walls and ceilings for up to one hour. There are several types of fire-rated
drywall. Some use fiber material in the core to combat heat and fire, while others contain mineral
cores for an even more fire-resistant product.
Imported drywall usually must have documentation attesting that it meets international fire
standards. American Society for Testing and Materials Standard ("ASTM") C36 was a domestic
standard for drywall that was replaced in 2005 by C1396/C1396M. This standard requires a
certain level of fire resistance for the gypsum core and establishes standards for the board's
ability to deflect humidity and how the board handles pulled nails. Tampa port officials reported
that much of the drywall arriving on container ships from China over the past few years did not
contain the required documentation or official stamps confirming that it met international
manufacturing and safety standards.
Some drywall that was imported from China is allegedly defective. It has been reported that
although the drywall may meet ASTM standards, the water used to mix the gypsum may have
been wastewater that contained chemicals, including sulfur. This drywall is claimed to emit
sulfuric gases that corrode electrical wires, copper wiring, pipes and air conditioning
components. The sulfuric gases also permeate wood studding, which effectively causes a rotten
[ www.duanemorris.com ]