Chinese Drywall Lawsuit Attorneys
Mobile Alabama | Pensacola Florida | Mississippi
PRICHARD HOUSING AUTHORITY SUES LOCAL BUILDER
Use of Chinese drywall main complaint in case
(Mobile, Ala.) - The Prichard Housing Authority has filed a lawsuit against The Mitchell Company on four counts alleging negligence, breach of warranty and breach of contract during the builder’s construction of new homes in the Authority’s Bessemer subdivision. The suit claims Mitchell’s use of defective Chinese drywall contaminated the homes and caused extensive damages. “Because of the builder’s negligence, residents in the Bessemer subdivision have been forced to move, and property values have decreased significantly,” said Richard Taylor, of the law firm Taylor-Martino-Zarzaur, P.C., which is representing the Housing Authority. “This is a tremendous financial loss for the Housing Authority and we’re asking the court to hold the builder responsible.”
The suit alleges the Chinese drywall used in the Bessemer subdivision emits harmful gases including hydrogen sulfide, carbonyl sulfide, and sulfur dioxide. The Authority has reported corrosion of air conditioner and refrigerator coils, copper tubing, electrical wiring, exposed metals, pipes, fixtures, household items and more. “ If the damage to the property isn’t enough, the gases emit a noxious odor – similar to rotten eggs,” Taylor said. “Nobody should have to live like that.”
Use of Chinese drywall has become a national problem according to Taylor with reports of lawsuits being filed in increasing numbers. The drywall is basic sheetrock manufactured by a company in China that was shipped to the United States between 2004 and 2007. When the inventory of American made sheetrock was depleted following Hurricane Katrina, suppliers turned to China for supplies. According to some reports, more than 100,000 homes in 14 states could contain Chinese drywall. “This is yet another defective product from China dumped on the American Public,” said Kasie Braswell, an attorney with Taylor-Martino-Zarzaur.
The Mitchell Company admits to using Chinese drywall to construct homes in Florida and for the Prichard Housing Authority in the Bessemer subdivision. The company has filed a class-action complaint in the United States District Court for the Northern District of Florida against the manufacturer of the Chinese drywall for selling them the defective product. Mitchell has been forced to make costly repairs to the affected homes in some areas and pay for relocating homeowners while repairs are underway.
The lawsuit on behalf of the Prichard Housing Authority says the Mitchell Company owed a duty to the Authority to exercise reasonable care in the selection and installation of all building materials including the drywall. The suit alleges the Mitchell Company breached its duty by negligently inspecting or failing to inspect the drywall for its suitability in the Bessemer development; failing to warn the Authority of the defects that could be associated with the drywall; and failing to construct the homes in a good and workman like manner.
The lawsuit asks the Mitchell Company to pay for repairs to the homes in the Bessemer subdivision and for relocating residents while repairs are underway. “The Mitchell Company had a contract with the Prichard Housing Authority to provide homes that were free of defects. They didn’t do that,” said Taylor.
