This presentation explores the expertise sought in Chinese Drywall cases, answering the question: What Are We Looking For? Insofar as expertise is concerned, litigants need to know whether they have contaminated drywall, how deep the problem runs, and how to repair the damages.

1. Exploring the Issues, the Problems and the Expertise Sought

15. Louisiana Recovery Authority
• Awaiting Testing Protocol
• Awaiting State & Fed Approval
• Only RH Recipients Approved
State & Federal Programs
• Will Adhere to a Testing Protocol
• Lots of Talk, Nothing Yet

27. ‣
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31. Whose
Exposed?

32. Suppliers
• Breach of Implied Warranty of
Merchantability
• Breach of Implied Warranty of
Fitness for a Particular Purpose
• Redhibition

33. Builders
• New Home Warranty Act
• General Warranties
La. C.C. art 2762
La. C.C. art 2769

34. Depth of Physical Damages
“
Major structural defect means any actual physical
damage to the following designated load-bearing
portions of a home caused by failure of the load-
bearing portions which affects their load-bearing
functions to the extent the home becomes
unsafe, unsanitary or otherwise unlivable.
La. R.S. 9:3143

35. Depth of Physical Damages
“
Major structural defect means any actual physical
damage to the following designated load-bearing
portions of a home caused by failure of the load-
bearing portions which affects their load-bearing
functions to the extent the home becomes
unsafe, unsanitary or otherwise unlivable.
La. R.S. 9:3143

36. Depth of Physical Damages
“
Major structural defect means any actual physical
damage to the following designated load-bearing
portions of a home caused by failure of the load-
bearing portions which affects their load-bearing
functions to the extent the home becomes
unsafe, unsanitary or otherwise unlivable.
La. R.S. 9:3143

37. Depth of Physical Damages
“
•Foundation Systems & Footings
Major structural defect means any actual physical
•Beams
damage to the following designated load-bearing
•Girders home caused by failure of the load-
portions of a
•Lintels
bearing portions which affects their load-bearing
functions to the extent the home becomes
•Columns or otherwise unlivable.
unsafe, unsanitary
•Walls and Partitions La. R.S. 9:3143
•Floor Systems
•Roof Framing Systems

38. Depth of Physical Damages
“
Major structural defect means any actual physical
damage to the following designated load-bearing
portions of a home caused by failure of the load-
bearing portions which affects their load-bearing
functions to the extent the home becomes
unsafe, unsanitary or otherwise unlivable.
La. R.S. 9:3143

39. Depth of Physical Damages
“
Major structural defect means any actual physical
damage to the following designated load-bearing
portions of a home caused by failure of the load-
bearing portions which affects their load-bearing
functions to the extent the home becomes
unsafe, unsanitary or otherwise unlivable.
La. R.S. 9:3143

40. Depth of Physical Damages
“
Major structural defect means any actual physical
damage to the following designated load-bearing
portions of a home caused by failure of the load-
bearing portions which affects their load-bearing
functions to the extent the home becomes
unsafe, unsanitary or otherwise unlivable.
La. R.S. 9:3143

41. Depth of Physical Damages
•Walls = Partitions?
•Corrosion of Nails in Framing?
•Can Contamination Rub Off on Framing?

42. Depth of Physical Damages
“ Roof decking in a house is part of the framing
system and serves a structural function...rotten
decking...allowed water to leak under the
shingles...[and] was clearly contemplated by the
NHWA.
Hutcherson v. Harvey Smith Construction, Inc. 7 So.3d 775 (1 Cir 2009)

43. Insurers

44. Insurers
• Pollution Exclusion
Doerr v. Mobile Oil Corp.

45. Insurers
• Pollution Exclusion
Doerr v. Mobile Oil Corp.
• Your Work Exclusion

46. Depth of Physical Damages
• Is Chinese Drywall Damages Caused by a
“Pollutant?”
• Is it faulty work or damage from faulty work?