Las Vegas Sun

March 18, 2024

Builder disputes claim that Chinese drywall linked to LV health problems

Updated Friday, Aug. 21, 2009 | 7:01 p.m.

Imported Chinese drywall is causing health problems for occupants of homes in two Las Vegas neighborhoods, lawyers charge in a lawsuit filed Thursday. But the builder says Chinese drywall wasn't used in homes named in the lawsuit.

Attorneys who handle construction defect lawsuits filed suit in Clark County District Court in Las Vegas against subsidiaries of Miami-based homebuilder Lennar Corp. and drywall manufacturer Georgia-Pacific Corp. of Atlanta.

The suit, seeking class-action status for all Nevadans suffering health problems because of imported Chinese drywall, was filed by the law firm Fuller Jenkins on behalf of owners of four homes.

Three of the homes are in a neighborhood near Jones Boulevard and Grand Teton Drive; and the fourth is near Hollywood Boulevard and Desert Inn Road.

Federal regulators studying health problems associated with imported Chinese drywall say they have received reports of such problems in 24 states. Nevada is not among them, but reports of Chinese drywall are under investigation in neighboring California and Arizona.

Local building officials have said it would be unusual for drywall to be imported into Las Vegas, since drywall is manufactured in the Las Vegas area by Georgia-Pacific and others. And the Southern Nevada Health District is not aware of any local health problems associated with Chinese drywall, a spokeswoman said Friday.

But attorneys say the Las Vegas plaintiffs are suffering health problems because of Chinese-made drywall in their homes.

The lawsuit says the Chinese drywall, also known as sheetrock and wallboard, emits toxic vapors and chemicals that cause corrosion in electrical wiring, heating and air conditioning systems, refrigerators, plumbing components, faucets, lighting fixtures and household appliances such as microwaves.

The attorneys say the Chinese drywall is dangerous because it was made with fly ash -- waste material from scrubbers on coal-fired power plants. They say the drywall emits sulfur compounds including sulfur dioxide and hydrogen sulfide and the results for humans include allergic reactions, coughing, sinus and throat infections, nose bleeds, eye irritation, respiratory problems and other health issues.

Lennar disputed the allegations in the lawsuit Friday.

"After reviewing our records, we have found no evidence to indicate that Lennar homes in Las Vegas were built with drywall imported from China," said Lennar Division President Jeremy Parness. "Records from our suppliers show that the homes named in the lawsuit were built with domestic drywall. We are aware of no evidence to support a claim that these homeowners have Chinese drywall, much less that they have suffered any health problems due to Chinese drywall."

The company also released letters from suppliers to show Chinese drywall was not used in the homes named in the lawsuit.

"Please be aware that CALPLY Las Vegas has not purchased any drywall manufactured in China, or outside the United States for that matter," said a letter from CALPLY official Ray Jansma to a drywall subcontractor for the home near Hollywood Boulevard.

"The bulk of the (drywall) CALPLY sells in Las Vegas is Pabco Gypsum and is mined and manufactured right here in Las Vegas,'' the April 27 letter said.

Another letter dated Friday from Winroc Corp., concerning three of the homes at issue near Jones Boulevard in the lawsuit, said: "The referenced houses were stocked with local domestically produced wallboard. Winroc Las Vegas utilizes local plants for their purchase of all wallboard products.'"

"CertainTeed Gypsum has a plant in Blue Diamond west of Las Vegas and Georgia-Pacific has a plant at Apex northeast of Las Vegas. The raw materials come from various gypsum mines in the Southwestern U.S. No Winroc locations have purchased any foreign wallboard at any time," said the letter from Winroc official Jason Alexander.

Also Friday, a Georgia-Pacific spokeswoman said the company does not import drywall from China as it manufactures the product at plants in North America.

"To our knowledge, we have received no complaints similar to those reported for Chinese drywall from any homeowners in Nevada," Georgia-Pacific spokeswoman Melodie Ruse said.

The company, however, was sued in Florida in April by homeowners claiming certain of its American-made synthetic drywall products are also causing corrosion in home components and health problems by allegedly emitting sulfur, methane and other volatile organic chemical compounds.

In a July 17 court filing, Georgia-Pacific moved that the lawsuit be dismissed, arguing it lacked merit. That case is pending.

In regulatory filings, Lennar said that as of May 31 it had confirmed Chinese drywall was used in about 400 homes it built in Florida. Lennar said it's suing the entire Chinese drywall supply chain in hopes of mitigating financial damages it may sustain because of the problem.

"Lennar has never specified imported drywall from China for installation in its homes and never received a discount when it was substituted for domestic products. Lennar has been working diligently with its homeowners in an effort to address this industry-wide defective product issue,'' the company said in a statement issued in January.

"Lennar fully intends to seek remedies from the manufacturer and other responsible parties,'' the statement said.

Lennar said that as of July 10, it was aware of 41 Florida state court lawsuits and two federal class action lawsuits that have been filed against it by homeowners and their family members in connection with defective Chinese drywall.

Thursday's lawsuit in Las Vegas names as defendants Georgia-Pacific Gypsum LLC, Georgia-Pacific LLC and Lennar subsidiaries Lennar Nevada Inc., Greystone Nevada LLC and U.S. Home Corp.

It says the homeowners face substantial costs to remove and replace the affected drywall and home components allegedly damaged by the alleged drywall fumes.

The plaintiffs assert claims of product liability, breach of warranties and negligence and are seeking unspecified damages including damages for medical costs and monitoring

The defendants are accused of failing to supply drywall without defects, failing to inspect their building materials to ensure they were safe, failing to warn homeowners and home occupants of potential dangers, failing to recall dangerous products and of concealing information about the alleged dangers posed by the drywall.

The homes named in Thursday's lawsuit are on Matisse Avenue and Villa de Medici Street, near Jones and Grand Teton; and on Gloucester Gate Street near Hollywood and Desert Inn.

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