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At least one Member of Congress, from Florida, one of the States hit the hardest by Chinese Drywall Damages Claims, has "called on insurers to honor claims by affected families." Javier C. Hernandez, "
First, they announced that they were issuing guidance "in recognition that many homeowners want to begin remediating their homes and offers a next step to homeowners whose homes have been determined to have problem drywall." Small wonder that many homeowners want to begin remediating their homes, although they will be the ones to initially pay for the costs of remediation, "which builders estimate at more than $100,000 a home." Javier C. Hernandez, New York Times, supra.
In the next breath of the same Press Release, HUD and the CPSC tell affected homeowners that they should remove the tainted drywall:
Based on scientific study of the problem to date, HUD and CPSC recommend consumers remove all possible problem drywall from their homes, and replace electrical components and wiring, gas service piping, fire suppression sprinkler systems, smoke alarms and carbon monoxide alarms. Taking these steps should help both the source of the problem drywall and corrosion-damaged components that might cause a safety problem to the home.
HUD and CPSC April 2, 2010 Press Release, at unnumbered fourth paragraph on page 1. [Emphasis added.] The "Interim Remediation Guidance" which was also issued jointly by the CPSC and HUD on April 2, 2010, "calls for the replacement of:
1. all possible problem drywall;
2. all fire safety alarm devices (including smoke alarms and carbon monoxide alarms);
3. all electrical components and wiring (including outlets, switches and circuit breakers); and
4. all gas service piping and fire suppression sprinkler systems."
HUD and CPSC, "Interim Remediation Guidance for Homes With Corrosion From Problem Drywall" April 2, 2010, at 1. [Emphasis in this "staff document" in original.] Download Interim Remediation Guidance for Homes With Corrosion From Problem [Chinese] Drywall.CPSC and HUD.04.02.10.
It is clear that the costs of remediation of the drywall itself are not likely to be borne by liability insurance, since it is the -- generally -- excluded work of the general contractor, or of the subcontractor, which carries the liability insurance. The costs of repair of items and materials damaged by the drywall may be a different story, however, as they are arguably the damages caused by that work or product -- costs of repair now recommended by the United States Government.
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