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Florida Judge Rules CDW May Violate FL Building Code

On March 5, 2012, Daniel K. Bryson successfully argued in opposition to a motion to dismiss claims as to two homes with defective Chinese drywall in Vincent Carbone et al. v. Breakwater Custom Homes, Inc. et al., Case No. 10-CA-005189 (Cir. Ct. Lee County, FL). The argument occurred before Judge Keith R. Kyle in Ft. Myers, Florida.

This argument was particularly important since it was the first time in any Chinese drywall litigation that a builder has sought to dismiss a claim brought against it under the Florida Building Code (a claim developed by Daniel K. Bryson). Judge Kyle also sustained our Florida Deceptive and Unfair Trade Practices claim.

Chinese drywall refers to drywall imported from China which contains extraneous metals and minerals. Under certain environmental conditions (typically warm, humid climates), the drywall will emit sulfur gasses. These gasses create a noxious odor and corrode copper and other metal surfaces, which can then damage one's appliances and electronics. Chinese drywall can also cause adverse health effects. Long term health effects are unknown.

If you think your home has been affected by defective Chinese drywall, please call us at 1-855-926-2889.