Comments on: The Duty to Mitigate Damages…and Chinese Drywall http://chinesedrywallblog.com/2009/04/the-duty-to-mitigate-damagesand-chinese-drywall/ Wolfe Law Group - Louisiana and Washington Construction Lawyers Providing Chinese Drywall Defense Wed, 21 Apr 2010 20:36:47 +0000 http://wordpress.org/?v=2.9 hourly 1 By: Chinese Drywall Checklist For Builders | Construction Law Musings- Richmond, VA http://chinesedrywallblog.com/2009/04/the-duty-to-mitigate-damagesand-chinese-drywall/comment-page-1/#comment-4249 Chinese Drywall Checklist For Builders | Construction Law Musings- Richmond, VA Thu, 04 Mar 2010 07:52:40 +0000 http://chinesedrywallblog.com/?p=61#comment-4249 [...] Mitigate Your Damages. We have mentioned this on the Chinese Drywall Blog time and again. The duty for those involved with litigation and disputes to mitigate its damages may play an [...] [...] Mitigate Your Damages. We have mentioned this on the Chinese Drywall Blog time and again. The duty for those involved with litigation and disputes to mitigate its damages may play an [...]

]]> By: Scott Wolfe Jr http://chinesedrywallblog.com/2009/04/the-duty-to-mitigate-damagesand-chinese-drywall/comment-page-1/#comment-2863 Scott Wolfe Jr Tue, 08 Dec 2009 13:16:31 +0000 http://chinesedrywallblog.com/?p=61#comment-2863 Thanks for your comment on the blog. Unfortunately, I'm unable to provide you with legal advice...without representation. Good luck. Thanks for your comment on the blog. Unfortunately, I’m unable to provide you with legal advice…without representation. Good luck.

]]> By: max fusby http://chinesedrywallblog.com/2009/04/the-duty-to-mitigate-damagesand-chinese-drywall/comment-page-1/#comment-1489 max fusby Thu, 15 Oct 2009 20:00:19 +0000 http://chinesedrywallblog.com/?p=61#comment-1489 Hey. I have chinese drywall in a 3 unit apt. building and have notified the tenants. I have also spoke to an attorney who wants 40% plus expenses to represent me. As a contractor I am fully capable of removing and replacing the drywall pursuant to Judge Fallon's just issued pretrial order No.1(B) and really don't care to share anything with any attorney. As a member of the class action how do I add my name without legal representation? Thanks. Hey. I have chinese drywall in a 3 unit apt. building and have notified the tenants. I have also spoke to an attorney who wants 40% plus expenses to represent me. As a contractor I am fully capable of removing and replacing the drywall pursuant to Judge Fallon’s just issued pretrial order No.1(B) and really don’t care to share anything with any attorney. As a member of the class action how do I add my name without legal representation? Thanks.

]]> By: Michael T. Barclay http://chinesedrywallblog.com/2009/04/the-duty-to-mitigate-damagesand-chinese-drywall/comment-page-1/#comment-1061 Michael T. Barclay Sun, 13 Sep 2009 14:24:56 +0000 http://chinesedrywallblog.com/?p=61#comment-1061 No doubt the Chinese drywall (CDW) is the cause of health effects. The CPSC has documented this quite clearly in their recent Incident Investigation reports. The same types of health effects are being reported independently by many affected occupants in affected structures with CDW that I have inspected. Also, I have seen "nail pops" and apparent sagging of CDW panels in some affected structures. The CDW may be the cause of the nail pops that I've seen. I am not an expert in Construction, but if such an association were established, would it be covered under the structural in Builder's warranty? No doubt the Chinese drywall (CDW) is the cause of health effects. The CPSC has documented this quite clearly in their recent Incident Investigation reports. The same types of health effects are being reported independently by many affected occupants in affected structures with CDW that I have inspected.
Also, I have seen “nail pops” and apparent sagging of CDW panels in some affected structures. The CDW may be the cause of the nail pops that I’ve seen. I am not an expert in Construction, but if such an association were established, would it be covered under the structural in Builder’s warranty?

]]> By: Electrical Rewiring http://chinesedrywallblog.com/2009/04/the-duty-to-mitigate-damagesand-chinese-drywall/comment-page-1/#comment-798 Electrical Rewiring Tue, 25 Aug 2009 05:22:19 +0000 http://chinesedrywallblog.com/?p=61#comment-798 I think drywall will cause health problems. I think drywall will cause health problems.

]]> By: 3 Reasons Why Class Actions are Bad for Homeowners with Chinese Drywall « Chinese Drywall Blog http://chinesedrywallblog.com/2009/04/the-duty-to-mitigate-damagesand-chinese-drywall/comment-page-1/#comment-14 3 Reasons Why Class Actions are Bad for Homeowners with Chinese Drywall « Chinese Drywall Blog Wed, 22 Apr 2009 14:21:53 +0000 http://chinesedrywallblog.com/?p=61#comment-14 [...] However, is the class action attorney sending certified letters to the builders under the New Home Warranty Act? Is the class action attorney asserting a claim under a tort or contract theory against the builder / installer? Are they mitigating their damages? [...] [...] However, is the class action attorney sending certified letters to the builders under the New Home Warranty Act? Is the class action attorney asserting a claim under a tort or contract theory against the builder / installer? Are they mitigating their damages? [...]

]]> By: Scott Wolfe Jr http://chinesedrywallblog.com/2009/04/the-duty-to-mitigate-damagesand-chinese-drywall/comment-page-1/#comment-11 Scott Wolfe Jr Tue, 21 Apr 2009 14:44:08 +0000 http://chinesedrywallblog.com/?p=61#comment-11 Thanks for stopping by and commenting. It's interesting that you have filed an individual suit against your builder related to Chinese Drywall, as those are few and far between so far. Would you mind sharing where the suit was filed? As far the imported drywall causing problems to the building studs, I don't remember exactly where we read that. However, I don't think the damage is caused directly to the studs (meaning, I don't think it actually causes the studs to degenerate). However, the "damage" still exists because some are recommending that all studs get replaced when curing a property of Chinese Drywall. See an AP report here that mentions this: <a href="http://www.rgj.com/article/20090411/NEWS12/90411013" rel="nofollow">http://www.rgj.com/article/20090411/NEWS12/90411013</a>. I found this by Google'ing the phrase: "chinese drywall damage to building studs." The best thing to do on this point is rely on your experts. Good luck - and if you are comfortable sharing a little bit about your suit, please post it here or email me directly at scott@wolfelaw.com. I'd like to speak to your attorney about the suit and write a post here about it. Thanks! Thanks for stopping by and commenting. It’s interesting that you have filed an individual suit against your builder related to Chinese Drywall, as those are few and far between so far. Would you mind sharing where the suit was filed?

As far the imported drywall causing problems to the building studs, I don’t remember exactly where we read that. However, I don’t think the damage is caused directly to the studs (meaning, I don’t think it actually causes the studs to degenerate). However, the “damage” still exists because some are recommending that all studs get replaced when curing a property of Chinese Drywall.

See an AP report here that mentions this: http://www.rgj.com/article/20090411/NEWS12/90411013. I found this by Google’ing the phrase: “chinese drywall damage to building studs.”

The best thing to do on this point is rely on your experts. Good luck – and if you are comfortable sharing a little bit about your suit, please post it here or email me directly at scott@wolfelaw.com. I’d like to speak to your attorney about the suit and write a post here about it.

Thanks!

]]> By: MAF http://chinesedrywallblog.com/2009/04/the-duty-to-mitigate-damagesand-chinese-drywall/comment-page-1/#comment-7 MAF Sat, 18 Apr 2009 00:34:49 +0000 http://chinesedrywallblog.com/?p=61#comment-7 You mention studs being damaged - this is the first that I have read of damage to the structure. I'm aware of electrical damage and it has been suggested that our house needs to be taken to frame. Can you point me to information about the potential stud damage? We are working with an attorney and have filed a single suit against our builder. Any information would be helpful! You mention studs being damaged – this is the first that I have read of damage to the structure. I’m aware of electrical damage and it has been suggested that our house needs to be taken to frame. Can you point me to information about the potential stud damage? We are working with an attorney and have filed a single suit against our builder. Any information would be helpful!

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