barrygoodknight

Building firms are beginning to feel the pressure of homeowners making claims against them for the toxic Chinese drywall situation.  As is perfectly right, the first organization a homeowner turns to when they discover they have Chinese drywall is the builder who either built the house or did the renovation.

Homeowner insurance offers no protection in this instance because of the now infamous “pollution exclusion”  which allows insurers to shirk all responsibility for the claim.  Homeowners have no choice but to refer to the construction company to make good.  The exclusion is a pretty innocuous paragraph that in any other situation wouldn’t make the slightest difference to a homeowner.  It states “Pollutants are defined as any solid, liquid, gaseous, or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste.”

In the case of this toxic drywall the words acid and fumes are the important ones here as they are right in the middle of the exclusion.  But, for most homeowner insurance there is an exception to this exclusion which relates to products or completed work of an insured.  So this means if a homeowner had bought the house after the work had been done to it, or is the second owner from new they may still have a claim.

This may be a consolation for a few homeowners, but it still leaves the majority out in the cold.

Many builders are also finding their own insurers are also denying any claims on the same exclusion or a Total Pollution Exclusion included in their general liability insurance.  This clause allows the insurer to deny any claims that relate to Chinese drywall.  There are several suits filed with insurers who have denied claims due to this exclusion, so case law may have something to say about it.  With the first cases being heard in early 2010, there will be no quick answers here.

These builders are going to have to fund the repairs to homes out of their own profits or pockets which is going to ruin many of them.  Not all construction companies are of the size or scope to be able to handle multiple claims for remediation, and even some of the larger ones are going to struggle.  Some Florida construction firms have said they believe they have up to four hundred homes to remedy.  This kind of cost is going to run into the millions.

While individual suits will be heard in local courts, anyone that joined the various class-actions, builders or homeowners will now have their case heard under a Federal class action being heard in New Orleans.  The various suits were consolidated into one Federal case in order to efficiently try them in the most cost effective madder possible.  The hearing date has yet to be announced but is believed to be sometime next year.

The legal battles will be ongoing long after most of the homes have been remedied.  There will inevitably be those that depend on the suit in order to be able to afford to have their home repaired, of to afford to be able to repair them.

Drywall is one of the most popular ways to cover the walls inside your home. Paying for a professional to install drywall can be expensive, but when you install drywall yourself you can significantly cut the cost.

Recommended Tools for Drywall Installation

Before beginning your drywall installation project you should have the following tools on hand: a wall board hammer, drywall screwdriver, wallboard saw, hand sander or sanding block, utility knife, tape measure and pencil, framing square or long metal straight edge, scissors, dust mask and two sawhorses. If you will be finishing the drywall seams yourself, you will also need joint knives, tape, drywall joint compound and drywall mixing tray.

The size of drywall most commonly used for diy drywall installation is 4-by-8 feet sheets that are 3/8-inch thick or ½-inch thick. Drywall screws appropriately sized for the thickness of drywall you are using and an electric drywall screwdriver also help speed the drywall installation process.

Steps for Installing Drywall

After a wall has been framed and insulation installed, you are ready to install drywall. It can be installed vertically or horizontally. According to Jay Cedarleaf in his guide Drywall for the Beginner there are advantages and disadvantages to each drywall installation method. Cedarleaf notes installing drywall vertically can be easier for one person to install and since the seam is supported by one stud, seams are often stronger. However this drywall installation method can be a challenge if wall studs are not straight.

Cedarleaf also notes installing drywall horizontally has fewer seams to fill and since the seams are at waist height they are easy to reach. However, since seams are only screwed every 16″ they are more prone to cracking.

Before installing drywall to the wall, lightly mark the center of the stud on the floor so you have a reference point for screwing it in place. Measure the wall section for drywall installation. Note any electrical outlets or light switches on the wall section you are working on. Measure and mark the drywall accordingly. Use a utility knife and framing square to score and cut.

Once cut to size, install drywall on the wall. Use drywall screws along the edge at 6 to 12 inch intervals, or at a distance required for drywall installation by your local building code. Be sure to leave about ½ inch space from the floor for drywall installation over a concrete floor to allow for space for flooring and to prevent moisture from the concrete from being absorbed by the drywall. This space will eventually be covered by trim.

How to Finish Drywall After Drywall Installation

After installing drywall, finish it off by spreading drywall compound across the joint with a drywall knife. Immediately place joint tape on the compound. Now apply additional joint compound over the tape to create a smooth joint. Make sure the surface is smooth for a nice looking drywall finish. Nail screw heads in further so they are lower than the drywall and cover with joint compound by using a drywall knife to smooth over the surface. One the compound has dried, the surface should be smooth and ready to paint.

Taping and mudding of drywall does take skill and practice, so make your first attempts in a less prominent location. Or when crunched for time, consider hiring a professional to come finish drywall for you.

Sources:

Ramsey, Dan, The Complete Idiot's Guide to Finishing Your Basement Illustrated, New York, New York, The Penguin Group, 2003

Cedarleaf, Jay, Drywall for the Beginner, Palmer Lake, CO, Cedarleaf Products Company, 1983

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