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Is the Avalanche of Lawsuits Against Builders Imminent?

Published on July 23, 2009 by Scott Wolfe Jr

Wolfe Law Group’s own Scott Wolfe, Jr. provides the leading quote in a recent article from HousingZone.com:   Homeowners Increasing Suing Local Builders.   Scott gave this quote to the publication:

The best and quickest way to get the drywall out is to go after the builder, who ultimately has to live up to his warranty.   If the consumer tinkers with class-action lawsuits that can drag out for months, their warranties start to expire, and their chances of getting something from the builder are slimmer.

If we’ve said it once on this blog, we’ve said it a thousand times (here, here, here, here and here).

While class action suits have their purpose, it presents real challenges to homeowners who are interested in getting the Chinese Drywall out of their property.

The class action suits have their warts, and homeowners may find a better remedy by filing a direct action against their builders, suppliers and insurers.

With every day that passes, however, deadlines are drawing closer.    The one year deadline for insurance claims and torts.  The 3-4 year deadline with claims in redhibition.   And the 1, 2 or 5 year deadlines associated with construction warranty claims.

The worst news about the deadlines being that many, if not most of the statutory periods begin when the drywall was delivered or installed…and not when the homeowner learned of the problem.

All was quiet with regard to individual lawsuits against builders and suppliers, but recent news reports indicate that the remedy is gaining some steam.

The article from HousingZone.com is not alone.  The Times Picayune recently reported that homeowners are more frequently suing builders, and Baton Rouge’s Advocate had the same analysis.

Could an avalanche of Homeowner v. Builder suits be on the horizon?

If you’re interested in learning more about bringing a suit against your builder, or your construction company is interested in bringing suit its suppliers and insurers, contact Wolfe Law Group today.

Times Picayune Reports that Louisiana Homeowners Turning to Builders for Chinese Drywall Recovery

Published on July 5, 2009 by Scott Wolfe Jr

On the Chinese Drywall Blog, we’ve frequently  forecasted that homeowners will begin bringing suit directly against their builders for Chinese Drywall recovery.

This morning, the New Orleans Times Picayune reported that this is beginning to happen.

The article, titled Homeowners saddled with tainted Chinese Drywall are increasingly suing local builders for damages, suggests that “Louisiana home builders have increasingly become targets of litigation.”   And the article profiles a Covington, Louisiana homeowner, Eric Carter, who sued his homebuilder Sunrise Homes.

Over the next few days here on the Chinese Drywall Blog, we will specifically analyze builder liability for Chinese Drywall claims, reviewing the relevant aspects of the New Home Warranty Act and other general builder warranties.

Remember also that Wolfe Law Group’s Scott Wolfe and Doug Reiser will be presenting at a Chinese Drywall seminar in New Orleans, LA on July 31, 2009.  The seminar is for attorneys, builders, engineers, homeowners and anyone else affected or interested in the crisis.   Read more about the seminar, and how to attend, here.

In the meantime, here are a few posts from our blog reviewing builders’ exposure to imported drywall claims, and explaining the differences between class action litigation and ordinary litigation:


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Wolfe Law Group has positioned itself as a leader in legal commentary on the Chinese Drywall crisis in Louisiana. It is available to homeowners interested in bringing a direct action against its builders, and offers services to builders, suppliers and other construction professionals facing drywall claims. more...

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Wolfe Law Group, L.L.C.
Chinese Drywall Blog

4821 Prytania Street
New Orleans, LA 70115
(504) 894-9653 F: (866) 761-8934
Keywords: Chinese Drywall, drywall,
Chinese Drywall ligation, imported drywall,
Chinese Drywall defense, Louisiana law,
Louisiana Chinese Drywall, New Orleans
Chinese Drywall, Builder Liability