Friday, December 21, 2012

Chinese drywall class action lawsuit targets Lennar Corp. - South Florida Business Journal:

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On March 23, Miami law firm filed federal and circuit courtcivil suits, naming five Miami couples as The four plaintiffs in the federa complaint allege their homes, in Lennar’xs Tuscany Village near Tamiami Executive Airport, were damagefd by installation of Chinese drywall. The suit seeksd a jury trial and alleges negligencr against nine defendant including Lennar and drywall manufacturer KnaufPlasterboard Tianjin. It also alleges breach of contractagainst Lennar. Class action lawsuits have been poppin g up almost weekly over theproblem drywall, whicjh give off sulfuric gases that corrodwe metal and smell like rotten eggs.
But, none have been directeed at Lennar, one of the nation’s largest homebuilders. Lenna said it had no comment on the but twomonths ago, it announced a progran to handle homeowners’ complaintss by testing for the drywall, movinbg people out of their homes temporarily and replacing the Lennar has said it relied on subcontratorws who purchased and installed drywall, whichg is common industry practice. Jeremg Alters, managing partner at Alters said Lennar may not havepurchasesd drywall, but it paid peopled to install the drywall.
He criticizedr Lennar’s remediation program as offering too littleto “There’s a stigma to the home, even if it’ws repaired, that it had this sulfur gas in it at one he said. Alters Boldt may have a toughg road intargeting Lennar, according to another attorney handling drywall class actions. “People will have a very difficulgt time getting a class certifieagainst builders, because arbitratioh can be required,” said Jordan Chaikin, an attorney at Parkef Waichman Alonso in Bonita Springs.
that many builders are already in Chaikin referred to Floridazlaw (specifically Chapter 558), which requires homeownersz to contact builders and attempt to resolvw construction complaints before filing litigation. Fort Lauderdale-basedf is also pursuing a possible class actioj overdrywall problems, but the firm said last monthy it was attempting to make sure the 558 requirementg is satisfied before filing On Feb.
2, Lennar filed a lawsuit against manufacturers and sellers ofChinese drywall, including Knau f Plasterboard Tianjin, Taishan Gypsum and Miami-based The suit alleges that Knaut Tianjin and Taishan sold “defective gypsum” drywall that was installee in homes built by Lennar, which “causedc substantial damage” to Lennar in Florida. That suit was filed in Miami-Dades Circuit Court by attorneys with the Miami officeof .
Mark general counsel for Lennar, said in a writtejn statement that Lennar took responsibilitty for the problems drywall caused in its He said the company expectsw Knauf Tianjin and others to dothe Lennar’s complaint also charges 12 installerz with breach of contract and breach of expresw and implied warranty.

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