Construction Accidents

Defective Chinese Drywall Damages Florida Buildings

Usually when you move into a new home, you hope to be free of home repairs for quite some time. But Florida residents are complaining about a foul smell coming from dry wall or plasterboard that is made in China.

According to a report from Bradentonherald.com, the state health department has received 39 complaints many from Manatee, Sarasota, Pinellas, St. Lucie, Collier and Lee counties.

In one account, the smell of rotten eggs has been so overpowering that many owners of newer homes have had to leave their homes. The reports are that the foul smelling drywall emits an odor that corrodes the air condition coils and wiring causing failure.

Much of the problem has been reported in Southwest Florida, but Lennar, the second homebuilder to acknowledge the problem reports at least two home in the Miami-Dade area have had the problem, according to a story from the Jacksonville Business Journal.

Lennar already has identified about 80 homes on Florida’s west coast with a Chinese drywall problem.

How did we get drywall from China? Apparently following Hurricane Katrina, there was a shortage and Knauf Pasterboard Tianjin Co. Ltd. Of China was only too happy to accommodate.

The company, a subsidiary of a German company, was one of many exporters to home builders working in Southwest Florida, reportedly sending more than 10-million square feet of drywall from China.

The company says it now mines its gypsum, which makes up drywall from another mine and the foul smell doesn’t present a problem.

Lennar Homes appears to be doing a good job in replacing air conditioning systems that are being corroded by the caustic air. Also some neighbors report that belt buckles have tarnished, computers had to be repaired, and jewelry, mirrors and picture frames became tarnished.

No word from Taylor Morrison, the other home builder in the area about what they plan to do.

Before you have any work done consult with an attorney who understands the terms of your agreement with the builder. Do not sign away your rights to have work done, until the scope of the problem is understood. Homeowners in Georgia, Mississippi, Texas and California have also reported drywall problems so we may not yet know the extent of this problem.

You certainly do not want to sign away your rights if the work is not done to your satisfaction. And you do not want to sign any contracts that specify binding arbitration as an alternative to being able to go to court. An experienced attorney can tell you that binding arbitration means the deck will likely be stacked against you. Your home is your most important investment. Make sure you protect it and your rights by contacting our skilled Florida attorneys at 1-800-533-3555 so we can help defend your rights.




Florida Supreme Court Helps Injured Workers

By Eddie Farah on October 25, 2008 - No comments

The Florida Supreme Court ruled this week that a lawyer representing an injured worker is entitled to “reasonable” fees.

Ever since a controversial 2003 reform of the state’s workers’ compensation law, lawyer’s fees have been capped. That means most lawyers understandably shy away from workers’ comp cases. We at Farah and Farah do not.

The state Supreme Court ruled 5-0 in the case of Emma Murray vs. Mariner Health Care.

Murray, a nurse in her late 50s, was injured hoisting a patient in a nursing home. Her employer’s insurance carrier denied her claim. They said her condition was pre-existing.

Murray didn’t get rich here. Her Port Charlotte lawyer won $3,244 in back wages and medical costs and Mariner Health had to pay her court costs which amounted to $648 for 80 hours of work. That is about $8 an hour. Read the rest »




Arlington Girls Drowns, Florida Leads Nation in Child Drownings

By Eddie Farah on June 14, 2008 - No comments

These are the sorts of stories we hear far too many of in the summer.

This weekend a six-year-old girl drowned at a pool party in the Arlington section of Jacksonville. About a half dozen children were in the pool, which the sheriff’s office reports was “cloudy”.

The girl went under the surface and none of the adults at the home saw her. When they finally did, one person tried to resuscitate the girl but she was pronounced dead after being taken to Wolfson Children’s Hospital.

Unfortunately, Florida leads the nation in young children who drown in swimming pools. Most of the time it happens in the back yard. Most of the children are under the age of five.

Read the rest »




OSHA Fines Downtown Contractors After Garage Collapse

By Eddie Farah on June 5, 2008 - No comments

The U.S. Occupational Safety and Health Administration fined three downtown Jacksonville contractors for design and construction flaws that caused the December 6th collapse of the Berkman Plaza 2 parking garage that killed one and injured 20 other workers.

Nearly $193,000 has been filed against Choate Construction, Southern Pan Services and A.A. Pittman & Sons Concrete.

The companies are alleged to have failed to determine whether the six-foot structure was sound enough to support extra weight from concrete being poured on the top floor.

Read the rest »




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