First Circuit rules in favor of homebuilder, establishing limits on Chinese drywall claims

Alejandro de los Rios Aug. 5, 2011, 4:00am

The Louisiana First Circuit Court of Appeals has ruled that the Louisiana New Home Warranty Act establishes a one-year limitation for Chinese drywall claims from new homes.

The ruling came in a case brought on by a Louisiana homeowner against home bulider Core Inc., which allegedly installed faulty Chinese drywall in a new home.

Chinese drywall has resulted in thousands of claims across the Gulf Coast. The corrosive drywall causes damages to electric wiring, releases toxic chemicals and causes a "rotten egg" smell in homes.

The First Circuit ruled that a one-year preemptive period established by the New Home Warranty Act can apply to Chinese drywall in new homes. As a result, the court ruled against the plaintiff and dismissed the charges against Core Inc.

According to the ruling, Jennifer Caminita purchased a new home in Franklinton, La. in April 2007. After experiencing problems with the air conditioning and copper tubing in the home, Caminita informed Core Inc. of the defective drywall.

Core Inc. filed a motion of preemptory exception saying that the claims violated the limitation on filing a suit.

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