Knauf Chinese Drywall Settlement Protocol, Payments, and Guideline Details ... Questionable At Best
Knauf Settlement details look good on the surface, but lack Project specifics, clearly detailed abatement Scope of Work required to collect, WHO can perform work, inspections, certify, approve work, and all per unapproved, uninsured, unknown Protocol
By: Michael S. Foreman
Dec. 31, 2011 - PRLog -- As 2011 ends, known Tainted Corrosive Chinese Drywall issues are now five (5) plus years old and still NO CONCRETE ANSWERS or Government Approved, Endorsed, Confirmed, and Validated Corrective Repair Protocol.
Knauf Settlement Guidelines (264 Page Document) to the un-trained construction professional and infected Homeowner, looks and sounds like an answer to their prayers, but as with any DREAM ... eventually ... you wake-up and realize it was just that ... a DREAM ... not reality.
Several sections reminded me of an Insurance Policy, explaining coverages, conflicting coverage details, exclusions that should be part of "Scope of Work" and written in a foreign language.
Several sections lacked details and specifics of what needs to be accomplished or specific "Scope of Work" to collect, after you perform the work, with numerous unreasonable and unnecessary steps, guidelines, and required documentation if you choose another Contractor, other than Moss Construction, with only a percentage payment of estimated or actual real cost.
Knauf "300 Home Pilot Program" under Moss Construction's over-sight, has failed to establish confidence their "Scope of Work Protocol" resolves all problems, issues, time-frame guidelines, provides guidelines fully explaining the process and establishes "HOLD" or "PROGRESS REVIEW POINTS" allowing "HOMEOWNER" or "HOMEOWNER REPRESENTATIVE"
Basically you accept THEIR opinion of WHAT needs to be done, HOW, and WHY, with little or NO room for discussion.
Knauf / Moss Construction Repair Protocol has NOT been endorsed by CPSC, HUD, ASTM, or any Environmental Insurance Underwriter that writes "Environmental"
I would think, at-least one (1) Lawyer or Attorney, including Judge Fallon, should have required some kind of written, Insurance backed, "Environmental"
Does Knauf / Moss Construction Corrective Repair / Abatement Protocol come with an Environmental Insurance Policy, or is a Policy available per Moss Construction Protocol completed repairs or abatement ??? NO
How complex and convoluted the collection and corrective repair guidelines are for NON Knauf / Moss Construction performed properties, based on existing Settlement documents.
Knauf / Moss Construction Protocol FAILS to 100% follow Judge Fallon's MDL litigation guidelines or corrective protocol.
Numerous companies, contractors, and individuals are promoting and endorsing "Corrective Chinese Drywall Repair Protocols" that FAIL to follow ...
Confirmed, known, an established Corrective Repair Protocols backed by an Environmental Insurance Policy, and the Knauf / Moss Construction Repair Protocols are NOT backed by an "Environmental Insurance Policy" and lack known testing standards, that confirm and document specific project site conditions.
Just a few examples of the Knauf / Moss Corrective Protocol failing to meet some specific issues ...
1) HEPA vacuuming a construction site to remove "ALL" particulate matter, is not realistically an accomplish-able task or condition.
2) Fails to remove and replace "ALL" drywall with NO EXCEPTIONS, leaving numerous issues unanswered, unaddressed, and unknown.
3) Specified "Air-Out" process fails to address chemical residues, fine particulate matter, and in general, debris mixed in with drywall type particulate matter that is embedded in or on construction components.
4) Fails to replace HVAC System 100% and "ALL" components 100%.
5) Fails to test original construction material components, after abatement to confirm success, and fails to test any NEW materials before installation, confirming they are corrosive out-gassing free.
6) Fails to replace "ALL" copper plumbing, electrical components, and "ALL" infected doors, cabinets, hardware, ceiling fans, light fixtures, plumbing fixtures, water heaters, exhaust grills and diffusers, to name a few components.
7) Current KPT / Moss corrective repair guidelines requires 90% KPT boards to receive full repair cost, actual percentage only available with significant DE (Destructive Evaluation or Examination)
Based on current known abatement's, most houses only contain 35% - 55% KPT boards. Several factors known by construction professionals make the 90% threshold virtually or rarely attainable.
NOW who pays the difference ??? ... YOU the HOMEOWNER ???
8) Covers only 4,500 +/- structures, that mostly include currently repaired structures by Developers, Contractors, Builders, and NOT all of the potentially affected or INFECTED 40,000 - 50,000 structures in Florida alone.
9) Existing Settlement Guidelines to repair, abate, re-construct, or just collect $$$ requires unnecessary, cumbersome, and overly burdensome documentation guidelines, again, and again for the typical victim, consumer, or Homeowner to submit and collect.
10) Specifies and endorses only ONE (1) questionable means and method for Final odor and residual air problem solutions, with NO testing criteria to confirm success. (Odorox Hydroxyl Generators)
YES, YES, YES ...
This settlement is better than nothing, but FAILS to 100% confirm resolution of the Chinese Drywall Out-Gassing issue, leaving "HOMEOWNERS"
Attorneys, Lawyers, and Judge Fallon need to stop looking at the $$$ that based on existing guidelines may never be claimed or validated and start looking at simplifying claim documentation, confirming actual Knauf / Moss Construction Repair Protocol works, questionable documentation confirming Knauf / Moss Construction Repair Protocol results, and simplifying claim collection guidelines, allowing and expediting victims resolution of the nightmare, most have lived with for over six (6) plus years.
Simply stated ...
Knauf / Moss Construction in over 12 months ... FAILED to complete "300 Home Pilot Program", and now want to correct 4,500 +/- structures ???
Do the math ... Consumers, Victims, and Homeowners will be looking at years, and years ... before Knauf / Moss Construction completes repairs, based on existing Settlement Guidelines.
Time for some Independent Professional Construction Review of existing Settlement offer ...
Michael S. Foreman
Foreman and Associate, Inc.
Forensic Construction Consultants
Tainted Corrosive Drywall Experts
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
Page Updated Last on: Sep 22, 2012