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Chinese Drywall Builders Trying to Force Unfair, One-Sided Remediation Agreements on Homeowners | cialis online

Chinese Drywall Builders Trying to Force Unfair, One-Sided Remediation Agreements on Homeowners

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Unscrupulous builders are trying to limit their Chinese drywall liability by coercing homeowners into signing remediation agreements that require them to give up most, if not all, of their legal rights.  According to Parker Waichman LLP, the repairs being performed under these agreements are often shoddy.  The Bonita Springs, FL law firm filed the first Chinese drywall lawsuit in federal court.

In most cases, builders are refusing to do any type of remediation on Chinese drywall homes unless homeowners agree to their terms.  And in most every case, those terms are proving costly to the homeowner.  These agreements release the builder from all current and future claims of liability.  They also assign all of the homeowner’s rights to sue other responsible parties – such as drywall manufacturers – to the builder.   The agreements do not provide for compensation for many of the homeowner’s losses including damage to personal property, reimbursement for out-of-pocket expenses, diminution in market value, inability to refinance, detriment to credit resulting from default and/or foreclosure, and loss of enjoyment.  And while homeowners are paid a per diem to cover the cost of alternative housing while work is being done, they are not reimbursed for any mortgage payments, utilities, taxes, insurance and/or Home Owners Association fees, or other expenses  that accrue during that time.  

The homeowners who have contacted Parker Waichman have complained about the quality of repairs. Unfortunately, the “Scope of Work” in these agreements, if it exists at all, is vague and ambiguous and does not provide for an adequate remediation.  In many cases, builders are reinstalling the same cabinetry, plumbing components and electrical fixtures that were already subjected to the toxic fumes emitted from Chinese drywall.  When builders do bother to replace materials and appliances, they are often cheaper, and of inferior quality.  Many builders are taking an unreasonable amount of time to begin and complete the remediation. What’s worse, this shoddy work is usually backed up by only a 1 year Limited Warranty.   The warranty is not transferable or assignable to subsequent purchasers and will leave the homeowner without a remedy after the expiration of the 1 year period, Parker Waichman says.

To get homeowners to sign on, builders are  making a lot of empty promises and other oral representations about the scope and nature of the remediation that are simply not reflected in  written agreements homeowners have signed.  Naive homeowners, anxious to have their homes made livable, are relying on  verbal promises made by builders that basically mean nothing.  Many homeowners who have contacted Parker Waichman say they did not understand the full implications of their actions when they agreed to the builder’s remediation scheme.

In many cases, builders are harassing their customers, whether they are represented by counsel or not, in order to coerce them into signing one of these unconscionable, one-sided agreements.   And builders are apparently willing to say just about anything to convince homeowners to sign on.   For example, many homeowners claim they were told  that permitting their builder to  remediate a home is the only legal remedy available to them – something that is just not true, according to Parker Waichman.

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