Wolfe Law Group’s general construction law blog, the Construction Law Monitor, published three articles over the past two weeks that analyzed the choices faced by builders, homeowners and construction attorneys involved with Chinese Drywall claims.

The three-part series of articles provides these parties with a useful discussion of the decisions that must be confronted as each deal with damages sustained by the installation and supply of tainted drywall.

The article series can be found under the Chinese Drywall Tag on the blog.   Or by clicking on one of the following links, whereby each article is briefly discussed.

Builders
This article discusses issues related to making insurance claims, remedying the drywall problem within homes, the duty to mitigate damages and options available to the builder in litigation.

Construction Attorneys
This article discusses the role of class action suits in the imported drywall crisis, warranties and the role of builders in the suits, and how the duty to mitigate damages affects all parties.

Homeowners
This article discusses the choices facing homeowners who have tainted drywall in their homes.   It examines the pros and cons of class action suits, individual litigation, and making insurance claims….as well as the ultimate unfortunate job that homeowner might be forced to take:  fixing the drywall out of their own pocket (at least for now).

Just last week, the Construction Law Monitor posted that the Chinese Drywall situation could possibly broaden in scope, and effect the states of Louisiana and Washington.

This evening, New Orleans’ WVUE reported on the first confirmed case of Chinese Drywall contamination in Louisiana, occurring in Pearl River, Louisiana, at the home of John Oertling and Jill Donaldson.

Louisiana’s Becnel Law Firm has already filed suit on behalf of the homeowners, a proposed class action, and the federal suit is now pending before the Honorable Zainey in the United States Eastern District Court of Louisiana (09-2981).

Discouraging news for contractors about the new suit, is Mr. Becnel’s (the plaintiff’s attorney) comments during his interview with the New Orleans new-station when asked who is being sued:

It’s against anybody who had a hand in it.

Encouraging news for contractors, however, is that Mr. Becnel may not mean precisely what he says, as the home in controversy was built by David Stewart Custom Homes…who are not named in the action.

We’ll update the Construction Law Monitor with updates on the Chinese Drywall situation, and this particular case, as news unfolds.  Further, we’ll soon post about what your company can do in the event it is named in one of these lawsuits.

For those interested, the case is officially captioned:

Jill M. Donaldson, wife of/and John “Jared” Oertling, on behalf of themselves and all others similarly situated v. Knauf Gips KG, Knauf Plasterboard Tianjin Co., Ltd., Taishan Gypsum Co., Ltd. f/k/a Shandong Taihe Dongxin Co., Ltd., USG Corporation, L&W Supply Corporation d/b/a Seacoast Supply, Interior Exterior Building Supply, Independent Builders Supply Association, Inc. and Rothchilt International Limited.

You can download a copy of the 55-page complaint here.