As homeowners retain Wolfe Law Group to represent them against their builders and insurers, we’re encountering some frequently asked questions. We thought that these questions (and answers) were widely applicable to those considering representation, and so we are posting them here. Please read the disclaimer at the end of this post.
Who is liable for my damages?
This is the golden question. The Chinese Drywall situation is unique in that there are so many parties, and so many possibly claims. The builder, supplier, manufacturer, and insurers may all have exposure for the damages under various legal theories. It’s too soon to say who will ultimately be liable for Chinese Drywall damages. Wolfe Law Group recommends filing direct individual actions against the builders and suppliers, their insurers, and a homeowner’s insurance policy.
Is this a class action?
The action recommended by Wolfe Law Group is not part of the Chinese Drywall “class action.” While the class action has merit, it is a suit against the manufacturer and not the builders and insurers. The class action litigation could take a long time to resolve, may have problems collecting from foreign defendants and does not address the liability of builders, local suppliers and insurers.
Wolfe Law Group encourages its clients to talk with class action attorneys about being represented in these proceedings, as claims against the manufactures do have merit. However, Wolfe Law Group does not represent you in these actions.
How long will my lawsuit take?
It’s difficult to predict the length of any litigation, as some cases may settle shortly after filing a complaint, and others may take years to resolve. On the one hand, Chinese Drywall claims present unique legal arguments that may take some time to resolve. On the other hand, however, the claims will be expensive to litigate and this encourages settlement. In general, lawsuits take between 8 months and 4 years to resolve.
What do I do now?
If you retain Wolfe Law Group as counsel, we will begin litigation promptly after retention. You will be kept apprised of the progress of your case, and as we require information about your claim, we will contact you to acquire it. We will also schedule an inspection of your property to confirm the presence of contaminated drywall.
From a non-legal perspective, the health effects of Chinese Drywall are still unknown. If you are living in a home with Chinese Drywall, it is safest to find alternative living arrangements. We do understand that some do not have the means to make this move, and in these circumstances we recommend having the drywall replaced as soon as possible.
Disclaimer: These frequently asked questions and answers are posted to provide information to property owners who have contacted Wolfe Law Group and are interested in retaining the firm in representing them against builders and insurers. The information posted herein is not legal advice, and does not create an attorney / client relationship between Wolfe Law Group and the reader. To become a client of our firm and retain Wolfe Law Group, it is required that you sign a Fee Agreement. Only upon the signing of a Fee Agreement will an attorney/client relationship be created, and legal advice procured. This post is provided for information only.
This article was originally posted on Wolfe Law Group’s topic-specific Chinese Drywall Blog.
The post Frequently Asked Questions from Homeowners About Chinese Drywall Claims appeared first on Construction Law Monitor.
