Toxic drywall is likely to be the largest product liability concern witnessed in this country for quite some time.  Also known as Chinese drywall and Chinese sheet rock, this material has been confirmed, by the Consumer Products Safety Commission, to cause drastically accelerated corrosion on most metal elements of the home.  Toxic drywall affects copper wiring, HVAC systems, appliances, and electronics.  In addition, there are many reports associating Chinese drywall to adverse health issues.  These issues include nose bleeds, upper respiratory infections, sinus infections, headaches, itchiness, and chronic coughing, among others.

 

 

The term toxic drywall, like Chinese drywall, come to refer to any drywall tainted by several key markers.  Some reports indicate that this material is not limited to drywall manufactured in China.  Other reports indicate that Canadian drywall has also shown up as tainted.  A few reports intimate that this defective drywall was likely manufactured in China and re-branded in Canada before being imported to the United States and sent to states like Florida, Virginia, Louisiana, and Mississippi.
 

 

 

This toxic drywall releases several gases that cause many Chinese drywall problems.  Most notably, sulfur gases combine with airborne humidity to creates a highly corrosive indoor air environment that attacks many of the most common metals used in the construction of a home.  This gas has a distinctly profound impact on copper.  Due to the fact that drywall is used throughout a home, the consequences have been dramatic.  Many components of a home succumb to this corrosion.  This causes air conditioning systems to fail after just a year.  Appliances have to be replaced constantly.  Electronics fail at a astronomical pace.  Of particular concern, there are reports fires as a result of copper wiring that has corroded because of this gas.

The issues are not limited to property damage, however.  Issues surpass corrosion and continue to severe chronic health issues.  It appears that the gas most dangerous to human health is carbon disulfide.  Read more about the health effects of carbon disulfide and more Chinese drywall problems.  Toxic drywall has not been confirmed to cause these health issues, but the evidence is mounting.  Literally, dozens and dozens of home owner reports cite adverse health effects as a result of toxic drywall.  Some of the reports cite mild coughing and nose bleeds, others cite chronic mild headaches and crippling migraines.  Further, upper respiratory and sinus infections have been anecdotally linked to Chinese sheet rock.  A study on Chinese drywall problems as they relate to human health is still being conducted by the Consumer Product Safety Commission.  This report has not been released, but, interestingly, the CPSC investigators taking part in the analysis of Chinese drywall reported symptoms similar to those reported by home owners.

 

The majority of the Chinese sheet rock was imported to the United States during the construction boom and after the hurricanes of 2004 and 2005.  Further, the Federal Trade Commission (FTC) reports that the bulk of the homes affected by toxic drywall were built between 2003 and 2008.  Some reports, however, indicate that significant amounts of Chinese drywall was imported as early as 2001.  Complicating the prospect of citing accurate date are two facts.  It appears that some drywall imported from Canada is actually Chinese drywall that was re-branded.  Also, Chinese drywall problems are slower to present themselves in areas with lower humidity.  It is likely that, as the number of reported cases increases, the extent of this toxic drywall will be better known.

Chinese sheet rock has been identified across the United States and has been confirmed 32 states as well as in DC and Puerto Rico.  As mentioned above, heat and humidity appear to play an integral part in the exacerbation and acceleration of Chinese drywall problems.  Because the symptoms have manifested slowly in some areas with lower humidity, it is likely that many homes that have not been exposed to high levels of heat or humidity have not been discovered to contain toxic drywall.  It is our assumption that this issue will include every state in the country and that areas that experience rapid growth during the construction boom will bear the brunt of the issues.  We expect that the American Southwest, typically low in humidity, will see a dramatic increase in reported cases as the adverse health effects become more pronounced.

Several government agencies are involved in the toxic drywall investigation.  The primary agency responsible is the Consumer Products Safety Commission (CPSC).  In addition, the EPA and several state agencies, are involved in the investigation into the Chinese drywall problems.  The majority of the facts that are contained here are derived from the reports that these agencies produced.  Further, our testing protocol for Chinese drywall incorporates the methods identified in the latest CPSC report as the most reliable ways to identify toxic drywall.

Responsibility and legal liability has not been sorted out.  Because the builders were not aware of toxic drywall, these companies argue that they are not responsible.  In fact, some of these companies have decided to repair homes with toxic drywall.  While these companies should be commended for taking the initiative to repair Chinese drywall problems, home owners take care to guarantee that the repair work is completed correctly and comprehensively.  Many experts suggest involving a third party testing firm in any agreement with the builder.  This third party should inspect the home after the repair has been completed.  Home owners, in order to protect themselves, should require that anything they sign for the builder include a clause to guarantee a home owner's right for a third party test for toxic drywall.  This will protect the home owners from an incomplete repair.  In the instance that Chinese sheet rock is still present, the contract should require that the builder continue to repair the home until it is no longer present.

Several class action lawsuits have been filed by a few different attorneys across the country.  Most notably, the Knauf lawsuit was recently extended.  Most experts and attorney's agree that it is likely the legal process will not be completed anytime soon.  In addition a recent report indicated that Knauf does not have any insurance and would not be able to fulfill any substantial claim against them.
 
Consistently, home owners insurance companies are removing themselves from liability associated with Chinese drywall problems.   Specific exclusions in nearly every typical home owners policy exclude "latent defects" and gradual "deterioration."  Under these exclusions, the property damage associated with toxic drywall is not covered.  In addition, some recent reports have indicated that some home owners that have filed a claim for damage related to Chinese sheet rock have been notified that their home owners insurance policies will not be renewed.

 

Read more about our Chinese drywall test.

The states most impacted by Chinese drywall are: