Drywall evidence presents dilemma for Lennar Corporation
Herald-TribuneBy Aaron Kessler
March 8, 2010
EVIDENCE PRESENTED AT THE Chinese drywall remediation trial in New Orleans provided some insights on the extent of the damage to homes.
U.S. District Court Judge Eldon E. Fallon, who is overseeing the massive litigation consolidated in his federal courtroom, is expected to issue a detailed ruling shortly, laying out the scope of remediation he thinks is necessary.
Two points in particular raised during the trial, however -- the damage to insulated electrical wiring and the apparent ineffectiveness of vacuuming alone to remove residual drywall particles -- present a problem for this region's largest affected builder: Miami-based Lennar Corp.
First, the wiring.
Lennar started remediating homes more than a year ago -- saying it had already figured out what needed to be done to fix the problem. One of the first affected communities the Herald-Tribune reported on in early 2009 was Lennar's Heritage Harbour development in East Manatee County, where several dozen homes were built with tainted Chinese drywall.
Back then, Lennar said its research and that of its environmental consultant, Environ, showed that insulated wiring within the walls was not affected. Therefore, it could snip off exposed ends of the copper wires and continue to use the rest of them.
There is just one problem: They were wrong.
During the trial, scientists presented case after case of documented instances in which insulated wiring had been damaged in homes. The testimony went beyond scientists hired by the attorneys themselves. Two representatives of national builder Beazer Homes, including one of the company's vice presidents, testified that the insulated wiring was not immune to the drywall's corrosive gases.
Ray Phillips, Beazer's Florida vice president, said the effect on insulated wiring was "a surprise" compared with what the builder originally thought it would discover in the homes. But the revelation meant Beazer now removes all wiring and the entire electrical system from Chinese drywall-laden homes.
Lennar appears to have reached a similar conclusion sometime last year, as its protocol has changed -- it now takes out all wiring, too.
But a fundamental question remains: What about those early homes in Heritage Harbour and elsewhere where the wiring was left behind? If that wiring is now known to be affected, representing a serious safety hazard, what will be done?
Lennar did not respond to questions from the Herald-Tribune on these issues.
In addition to wiring, Beazer officials testified about another aspect that puts them at odds with Lennar -- removing all traces of the drywall and its odor after homes have been gutted.
Phillips, the Beazer vice president, said he had been inside houses that had "aired out" for as long as two weeks, yet still had the lingering smell associated with the drywall. The company concluded that vacuuming with machines that made sure toxic particles did not escape into the air was insufficient to deal with the problem, and so it began pressure washing the homes before rebuilding them.
Other scientific experts also testified that they believed an intermediate step was needed beyond the vacuuming -- either power washing, wet wiping or other treatment to remove any residue.
Lennar, however, has to date disagreed. It continues to only vacuum affected homes before rebuilding.
I recently visited an affected Lennar home owned by Richard and Nancy Nelson in the Fairways at Imperial Lakewoods subdivision in Manatee County.
The home had been gutted and vacuumed with the high-efficiency particulate absorbing equipment, but drywall dust remained throughout parts of the house. Running a finger over the door frame resulted in it being covered by white dust. The same with electrical boxes. Even the concrete block, which is porous, still had drywall dust squeezed into its nooks and crannies.
The Nelsons decided to hire Sarasota construction consultant Michael Foreman to treat the house before it was put back together. Foreman uses a non-toxic chemical designed to break down any residual sulfur compounds left behind on surfaces after the drywall is removed.
"When we're done, there's nothing left, everything is neutralized," Foreman told me. "Vaccing just can't do the job, I've been saying that from the beginning. Now we have the proof."
Foreman, who was one of the first investigators to uncover the Chinese drywall problem, also said any wiring left behind would represent a "significant life safety issue," because compromised wires could spark a fire.
SOURCE: http://www.heraldtribune.com/article/20100308/COLUMNIST/3081012/2127
