Several sections of the proposed Settlement Document are vague, miss-leading, contradictory, and very cumbersome with respect to documentation required to collect or participate, and will require very detailed Legal Opinions to explain specifically all the "rights and legal re-course" Homeowners and Consumers are waiving to participate.
Time for a little re-cap of questions, details, and clarifications Homeowners or Consumers require to make an informed decision ...
1) Clarification and an "EXAMPLE" of a typical structure and specifically HOW and WHEN one qualifies, based on the number of KPT Boards compared to "ALL" boards installed, or compared to "ALL" re-active boards ??? Moss has at-least (68) sixty-eight known completed homes to choose from and provide this critical info and additional cost above Knauf / Moss Settlement coverage.
2) Full disclosure you will have to DEMO and DOCUMENT photographically per specific proposed Settlement Guidelines, specifically each and every piece of all KPT drywall in your structure to attain or confirm specific number of KPT Boards to qualify, validate, and confirm WHAT LEVEL of Knauf participation, or reimbursement you will be eligible to receive, or ... obligated and contracted to pay ???
3) Full disclosure of actual time-frame required to complete the required proposed Settlement Process, clearly noting actual Knauf / Moss site review or confirmation date, actual agreement signing date, actual move-out date, actual Permit date, and actual completion date, and actual move back in date ... based on known, 68 completed homes or structures ... including actual additional cost associated with Knauf / Moss abatement and re-construction proposed Settlement Guidelines.
4) Full disclosure Knauf / Moss Proposed Abatement Protocol is NOT endorsed or backed by CPSC, HUD, CDC, ASTM, or any other government or non-government type entity.
5) Full disclosure, Knauf / Moss Proposed Settlement "Warranty or Guarantee" provided by "Contractor"
6) Full disclosure Knauf / Moss Abatement Protocol FAILS to follow Judge Fallon's MDL suggested, specific MDL Court testimony, and specific abatement guidelines explained and documented during MDL hearings.
7) Full disclosure Knauf / Moss Abatement Protocol FAILS to qualify or will be approved for an Environmental Insurance Policy after completion. Based on our research, review, and discussions with "Environmental Insurance Underwriters"
8) Explanation and full disclosure of specific terms, "re-active or non-reactive boards" required to qualify, or file a claim concerning proposed Settlement participation or a claim due to a failed Knauf / Moss abatement. What specific re-active level ???
9) The word "Defective" appears multiple times in this court order, yet "Defective" term has not been endorsed, nor a MATERIAL RE-CALL issued per CPSC, and per ASTM 1396 Manufacturing Guidelines, the product is NOT DEFECTIVE, yes "Tainted and Corrosive" but NOT DEFECTIVE.
10) Homeowners and Consumers choosing NOT to use Moss Construction or the Knauf / Moss Abatement Protocol will NOT receive FULL COMPENSATION.
11) Homeowners, Builders, and Developers who have already corrected or repaired their structure(s)
Clarifications and answers to these simple questions, will confirm and validate ... Foreman and Associates opinion and fact ... this proposed Knauf Settlement requires and demands further explanation, clarifications, details, and FULL DISCLOSURE before FINAL APPROVAL.
FINAL approval by Judge Fallon of existing proposed Knauf Settlement will complete and validate ... releasing payment of 160 Million to the Lawyers, Attorneys, and PSC (Plaintiffs Steering Committee).
Final approval of proposed Knauf Settlement is not the end of Homeowners and Consumers night-mare, but rather a continuation, and a sad but true travesty, of how our Legal System actually works.
Is this a good settlement ???
You decide ...
Foreman and Associates continues to educate, inform, and empower Homeowners and Consumers by asking the hard questions ... required to make informed decisions.
Thank you for your time and interest.
Call 941-955-8111 with any questions or comments.
Michael S. Foreman
Foreman and Associates, Inc.
Forensic Construction Consultants
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Foreman and Associates, knowledge and expertise concerning Tainted Corrosive Drywall (TCDW) or Chinese Drywall (CDW) leads the Industry with
First 100% Accurate NDE Diagnostic Protocol (January 2009)
First Environmental Insurance backed abatement and treatment Protocol
First to publish and share NDE Analysis Protocol (January 2010)
First to promote and endorse SNiPER® Treatment System
First to acknowledge and endorse personal property SNiPER® Treatment System
First Cost Effective abatement Protocol requiring ALL electrical wiring / fixtures, HVAC equipment / duct work, drywall, cabinets, interior doors / hardware, carpet and pad, plumbing fixtures, and SNiPER® Treatment of specific construction components.
Our firms Treatment Protocol for Tainted Corrosive Drywall or commonly called Chinese Drywall is documented as - 100% successful.
Our SNiPER® Treatment affords Clients a TCDW Environmental Insurance Policy, covering any future out-gassing or environmental issues