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Parker Waichman Alonso LLP, A Leading National Firm Dedicated to Protecting Homeowners Rights, Is Investigating Allegations That Builders Are Using Coercive Tactics and One-Sided Remediation Agreements to Limit Chinese Drywall Liability
By: Business Wire | 20 Jul 2009 | 05:17 PM ET
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BONITA SPRINGS, Fla., Jul 20, 2009 (BUSINESS WIRE) -- Parker Waichman Alonso LLP has been contacted by several homeowners with Chinese drywall who have been coerced by their builders into signing unfair, one-sided remediation agreements.

Parker Waichman Alonso LLP filed the first Chinese drywall lawsuit in federal court, and continues to aggressively prosecute these claims.

Builders in Florida implicated in using Chinese drywall have been accused of preying on desperate homeowners with the goal of inducing them into forfeiting all of their legal rights in return for an inadequate remediation of their homes. These unethical builders are continually contacting, and in many cases harassing, their customers, whether they are represented by counsel or not. Some builders are misleading the homeowners into believing that their sole remedy is to permit the builder to do the remediation Naive homeowners, anxious to have their homes made livable, are relying on empty promises and other oral representations made by builders that are not contained in written agreements.

As a result, many homeowners have entered into written agreements without understanding the full implications of this action. In all cases builders are refusing to perform any remediation unless the homeowner signs one of these unconscionable, one-sided agreements.

These agreements release the builder from all current and future claims of liability. They also assign all of the homeowner's rights to the builder enabling the builder to go after any other party(s) responsible for any claims or damages the homeowner could have asserted. The agreements do not provide for compensation for many of the homeowner's losses including damage to personal property, reimbursement for out-of-pocket expenses, diminution in market value, inability to refinance, detriment to credit resulting from default and/or foreclosure, and loss of enjoyment. These agreements do not require builders to cover any mortgage payments, utilities, taxes, insurance and/or Home Owners Association fees, or other expenses during the period of remediation, during which time the owner cannot use the property. Almost all of the agreements provide only a 1 year Limited Warranty that is not transferable or assignable to subsequent purchasers and will leave the homeowner without a remedy after the expiration of the 1 year period.

People who have had their homes remediated under these agreements have expressed dissatisfaction with both materials and workmanship. Unfortunately, the "Scope of Work" in these agreements, if it exists at all, is vague and ambiguous and does not provide for an adequate remediation. In many cases, builders are reinstalling the same cabinetry, plumbing components and electrical fixtures that were already subjected to the toxic fumes emitted from Chinese drywall.

When builders do bother to replace materials and appliances, they are often cheaper, and of inferior quality. Many builders are taking an unreasonable amount of time to begin and complete the remediation.

Parker Waichman Alonso LLP is currently offering free consultations to any homeowner who was coerced by a builder to enter into such a one-sided, unfair agreement. Consultations are available through our website at www.yourlawyer.com, by calling 1-800-LAW-INFO (1-800-529-4636), or through our Florida office directly at (239) 390-1000. If you or someone you know has been victimized by a builder in this way, we urge you to contact us immediately to protect your legal rights.

About Parker Waichman Alonso LLP Parker Waichman Alonso LLP is a leading products liability and personal injury law firm that represents plaintiffs nationwide. The firm has offices in Florida, New York and New Jersey. Parker Waichman Alonso LLP has assisted thousands of clients in receiving fair compensation for injuries resulting from defective products, drugs and medical devices. We represent plaintiffs in both class action and individual lawsuits.

For more information on Parker Waichman Alonso LLP, please visit: www.yourlawyer.com or call 1-800-LAW-INFO (1-800-529-4636).

SOURCE: Parker Waichman Alonso LLP CONTACT: Parker Waichman Alonso LLP Jordan Chaikin, Esq., 800-LAW-INFO (800-529-4636) info@yourlawyer.com www.yourlawyer.net/drywall Copyright Business Wire 2009 -0- KEYWORD: United States

North America

Florida

New York INDUSTRY KEYWORD: Professional Services

Legal

Construction & Property

Residential Building & Real Estate SUBJECT CODE: Lawsuit

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