Baton Rouge home owners sue PHL, Summit and others over Chinese drywall

Andrea Dearden Nov. 23, 2010, 1:58pm

An East Baton Rouge family is suing the builder and the supply companies, they say, are responsible for putting Chinese drywall in their home and then failing to notify them.

Chavis M. and Catherine M. Verrett, themselves and on behalf of their three children, filed the lawsuit against PHL Construction LLC, doing business as Summit Homes LLC, and two building supply companies on Nov. 10 in Orleans Parish District Court.

According to court documents, the Verretts bought their Lagoon Court home from Summit Homes for $337,700 in June 2006. The couple says they believed the home was in good condition, based on information provided by the builder.

The Verretts moved into the house in 2006 and three years later, in November 2009, first discovered Chinese drywall on the property. The couple says they notified Summit of the Chinese drywall but received no response.

The homeowners contend the Chinese drywall, provided and installed by co-defendants Interior Exterior Enterprises LLC and 84 Lumber makes their house unsafe for use as a residence. Had they been informed of the Chinese drywall, the Verretts say they would not have purchased the home.

The Verretts accuse Summit of breach of contract, negligence and misrepresentation for failing to disclose the use of Chinese drywall in the home. They say the builders also violated the New Home Warranty Act. The couple contends Interior Exterior and 84 Lumber are liable for putting their family in danger by using drywall unfit for use in a home.

The Verretts are asking for an undetermined amount of money to compensate for the purchase price of their home and damages along with court costs and attorney fees.

Attorneys Randy G. McKee and N. Sundiata Haley, of New Orleans, are representing the Verretts. They demand a jury trial.

Orleans Parish District Court case no. 10-11404

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