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June 2001 It's really July and I am only now having a chance to write a brief column. A lot has been happening, some good and some not so good in the EIFS war. Several weeks ago the Fourth Circuit temporarily decertified a North Carolina class action involving 'DEFS'. DEFS is the evil cousin of EIFS. I will write more about DEFS in the future. Also, another jury has rendered their verdict in an EIFS case in Northern Virginia (Fairfax County). The homeowners are the Staffords, and I'm not sure of the builder. There is some confusion as to the amount of the verdict, but I am told it is in excess of $1,000,000. This verdict is in the same range as the other verdict to come out of Fairfax County, the Madays. Maybe the builders and their insurance companies will finally get the lesson and settle the dozens of cases that are pending in Northern Virginia and surrounding areas. Unfortunately, the insurance companies typically promptly deny coverage on behalf of the builders whenever there is a jury verdict. As I have written in a previous column, homeowners who obtained a substantial jury verdict in 1998 in North Carolina are still fighting the builder's insurance company for payment. I have recently deposed Tage, Carlson and Kenneth Lies. Dr. Carlson is a frequent expert for general contractors. He has spent many years in product development and testifies convincingly about the flawed product development of EIFS manufacturers. Kenneth Lies is an architect and one of the chief apologists for the EIFS industry. Mr. Lies believes that EIFS is a fine product if installed correctly. Amazingly, he always finds a number of general contractor and application deficiencies every time I depose him. I call it the Lies 'hunt for holes.' I will comment more in future columns about the various experts that are being deposed. As I have mentioned in a prior column, I think that mold can be a serious problem with exterior walls with elevated moisture readings. There are a number of companies which will do the testing for a reasonable fee. If you or any family members are encountering inexplicable health problems then you should definitely have the tests. August 2002 Column December 2001 Column July 2001 Column June 2001 Column May 2001 Column April 2001 Column March 2001 Column |