800 Million Knauf Chinese Drywall Settlement-HOW to QUALIFY, then COLLECT, not so CLEAR and EASY !!!
Recently Proposed 800 Million Knauf Settlement, after close review and typical application of a few guidelines concerning payments, really explains Homeowners need Legal advice and opinions about RISK, COST, PROS and CONS, before signing or agreeing.
By: Michael S. Foreman
Jan. 12, 2012 - PRLog -- After reviewing and reading all the details and guidelines contained in the attached December 20th, 2011, Proposed Knauf Global Settlement Document, I decided the best and most accurate method of explanation would be a few "Typical Examples" of how this agreement really applies and works with real life, confirmed, abated, treated, and re-constructed "Tainted Corrosive Knauf Brand Chinese Drywall" properties.
Based on Knauf Global Settlement Document ...
Several issues or questions need answers, detailed explanations, and / or clarifying.
First and foremost ... to qualify for the KPT / Moss Funded Protocol you have to confirm the property contains 90% Knauf Brand Boards, and yes per Settlement if you have 81% KPT Boards the "percentage"
Now, the only accurate way to determine this magic number or any number is to DEMO all the drywall, piece by piece, and document the specific number of EACH Knauf Brand boards, and also required by the Settlement Documents to collect.
Based on my experience and actual "Chinese Drywall" abatement and treatment field knowledge, we have typically found 20% - 50% Knauf Brand Boards as a realistic number or percentage. Yes, you will find structures that meet the 90% guideline, but less than 1% of the hundreds of structures we have analyzed, meet the 90% guideline.
My question and issue not clearly defined or detailed, is WHO pays for demo, abatement, treatment, and re-construction cost of NON-KNAUF BRAND BOARDS ???
Now with that same thought in mind and a little general construction knowledge ...
Typical structures have five types of drywall installed ...
1) 5/8 inch type "X", or fire rated boards
2) 1/2 inch or typical board
3) 1/2 inch ceiling or rigid ceiling boards
4) water-resistant board or cementitious boards
5) 1/4 inch or flex board for arches and other details
Typical 1/2 inch boards, per attached typical delivery ticket, confirms ... 64% ... would be the MAXIMUM PERCENTAGE ACHIEVABLE, even if ... ALL TYPICAL 1/2 INCH BOARDS ... were Knauf Brand.
Several sections of Settlement discuss "Payments" for Non-Moss Corrected structures, and the dollar amounts only cover a fraction of actual abatement, treatment, testing, and re-construction cost typically required to properly demo, abate, treat, test, and re-construct a structure, and do not include provisions for personal property and furniture.
Based on Knauf / Moss Protocol or Corrective Repairs ... NO Environmental Impairment Insurance Policy or legitimate "third party" insurance coverage is available.
Your so called "Guarantee or Warranty" from Knauf / Moss is the Contractors Insurance Policy and if you check their specific Insurance coverage for "Chinese Drywall" you will more than likely find an exclusion or denial of coverage, based on a "pollution exclusion" or the policy does not cover the Contractor for abatement work, per the Insurance Professionals we contacted.
Consumers and Homeowners need to be pro-active, read the Global Settlement Offer and apply the facts and details concerning their specific property, and add up the actual dollars offered, with the clear and factual understanding the typical correct or proper tainted corrosive Chinese drywall abatement and re-construction cost $100,000.00 +/- for a typical 2,000 square foot structure.
Knauf / Moss 300 Home Pilot Program, after 15 plus months has completed 68 homes, and countless Homeowners have withdrawn from the Program after reading the FINE PRINT concerning Repair Protocols and actual cost the Homeowner is required to pay or fund, not to mention, the Knauf / Moss Repair Protocol has not been endorsed by the CPSC, ASTM, CDC, or HUD.
Again, I ask WHO wrote this Settlement Agreement, what Lawyers with construction knowledge approved the details, terms, and guidelines, and when will Judge Fallon ask for specific details or examples, of how this Settlement Agreement benefits, works, and actually solves Consumers / Homeowners tainted corrosive Chinese drywall repair funding or financing issues.
FINAL approval of this half baked, Knauf Global Settlement Agreement, rewards the Lawyers, Attorneys, and PSC (Plaintiffs Steering Committee) with 160 Million dollars and will require untold Millions to administer, and all at the expense of the CHINESE DRYWALL VICTIMS, who when all the dust settles, still are not even close to correcting the construction related issues, personal property issues, and unknown Health issues.
I can only hope these facts and numerous other details become obvious during the next several months, or during the "Fairness Hearings" required for FINAL approval of this Settlement Agreement.
Please remember to ask your Attorney, Lawyer, or Lender about other known abatement and treatment protocols ... before you agree or sign-up for this Settlement.
Corrective tainted corrosive drywall repairs following Foreman and Associates Proprietary Abatement and Treatment Protocol, qualifies Homeowners for a "property specific" and fully transferable Environmental Impairment Insurance Policy, or "third party" coverage.
Foreman and Associates, in conjunction with Miracle Construction and other (Licensed Contractors)
Treatment of Personal Property and Furniture, Interior Demo 100%, EPO (Evidence Protection or Preservation Order) Abatement, Treatment, Treatment Testing, Re-Construction, New Material Testing, and Final Clearance Testing.
Educating and empowering our clients with information, facts, and questions.
Call ... 941-955-8111 for honest answers to your questions.
Michael S. Foreman
Foreman and Associates, Inc.
Forensic Construction Consultants
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