Certified Mold & Allergen Free Corp W Lake Vista Cir, Davie FL Fax
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1 April 23, 2010 COMMENTS ON PRE-TRIAL ORDER 13A Page 1 of 4 THRESHOLD INSPECTION PROGRAM (TIP) TO: Chinese Drywall Colleagues FR: Gary Rosen, Ph.D. RE: Comments on: Chinese Drywall Threshold Inspection Program for 30 Initial Cases Pages 1 The Court is attempting to determine, in regard to the Chinese drywall Threshold Inspection Program (TIP): If this inspection program should serve as a basis for inspection of all cases filed before the court; Whether this inspection program is reasonable in scope and not overly intrusive; If the court appointed inspectors are competent to do the work? My Comments: Sounds reasonable. Page 2 Objectives of TIP Determine the presence and extent of CDW. Preserve available markings and collect samples. Document corrosion that is a result of the CDW. My Comments: Why is the assessment objective different from the FLA DOH inspection objective which is to assess for corrosive Chinese drywall. Aren t we going through a great deal of time and money focusing on Chinese drywall when not all Chinese drywall is problematic? Why isn t the court interested in identifying corrosive CDW? Preserve available markings that establish the manufacturer name or say Made in China. What you want are markings that correlate with known problem/corrosive Chinese drywall. And what about identifying CDW with no markings? There s plenty of generic problem CDW without any markings at all. Page 3 The findings of the TIP are limited by design and may not be adequate for evidence preparation. My Comments: I would agree with this statement. Not adequate for evidence preparation. Certified Mold & Allergen Free Corp W Lake Vista Cir, Davie FL Fax
2 April 23, 2010 COMMENTS ON PRE-TRIAL ORDER 13A Page 2 of 4 THRESHOLD INSPECTION PROGRAM (TIP) Page 3 The court has appointed Crawford & Company to do the inspections. My Comments: Crawford & Company is an insurance adjuster and not an experienced problem CDW assessor. Why not hire an experienced CDW inspector? Can Crawford send just any employee? An insurance adjuster? A secretary? Does Crawford have E&O insurance for testing Chinese drywall? Page 4 Note: condition of copper U-bends of the coil. My Comments: Define condition? Is this condition indicative of problem/ corrosive CDW? How about normal discoloration of the coils? Is the Crawford inspector an AC contractor that can judge the condition of the coil and say what is normal and what is an abnormal condition? How does condition relate to the discoloration examples on the FLA DOH web site? Page 5 Identify the manufacturer of Chinese manufactured drywall. My Comments: The following should be noted: Not all Chinese drywall is problematic. Not all Knauf brand Chinese drywall is problematic. Much of the problem Chinese drywall is generic with no markings. You need to know more than the identity of the Chinese manufacturer. You need to also know if the product is problematic. For example, Knauf has shipped Knauf Tianjin and Knauf Natural to the US in Only Tianjin is problematic. Natural is not. If you only know the manufacturer and not which Knauf brand of drywall then you don t know enough. Much of the Chinese drywall is generic with no markings. We have determined that even within the same development some of the generic drywall can be problematic and some fine. Any inspection procedure needs to be able to properly deal with such complications. One does not want to tear down a home for no reason. The protocol for inspection is not well suited for the goal of determining the manufacturer of the drywall. Typically one looks for the manufacturer markings and/or colors on the edge tape. See Chinese Drywall Assessment 101 for more information on this procedure. Does the Crawford insurance adjuster doing the inspections have experience and knowledge identifying Chinese drywall by edge tape markings and/or colors? Certified Mold & Allergen Free Corp W Lake Vista Cir, Davie FL Fax
3 April 23, 2010 COMMENTS ON PRE-TRIAL ORDER 13A Page 3 of 4 THRESHOLD INSPECTION PROGRAM (TIP) Page 6 Optical scope used to read markings inside the wall cavity. My Comments: Where is the scientific basis for this? The FLA DOH assessment guidelines do not use it. The CPSC does not use it. Can such an inspection be reliably done? Is this cost effective? Does the inspector from Crawford need any experience or training using the boroscope recommended for such work? Who selected the type of boroscope to do this work? Is it the best for the job? Where is the evaluation of boroscopes? Should the federal government be involved in making specific recommendations as to the brand of equipment to buy for such inspections or should this be up to the inspection firm? Page 10 Where to drill 4 holes My Comments: Why not drill holes in sheets where the electrical wiring has been inspected for corrosion? It makes no sense that visual copper corrosion and samples for lab analysis are not correlated. Why develop an inspection procedure that does not permit you to inspect exterior walls? Makes no sense. Page 15 Certified Laboratories My Comments: What tests are they to perform? What is the purpose of these lab tests? We already know from the CPSC conclusions that there is no correlation between lab testing and indoor air sampling for sulfur gases released by CDW? We already know that contaminants such as Sulfur and Strontium are all over the map? And while there is some level of correlation of these contaminants with problem Chinese drywall they are not 100% reliable indicators. So again why are these samples being taken for lab analysis? Is there a goal? Summary With all the time and effort and science behind the CPSC and the FLA DOH procedures for assessing problem Chinese drywall why is the court inventing their own procedure? There are other procedures (see Chinese Drywall Assessment 101) that are nondestructive; far less costly; and far more comprehensive and accurate than the TIP. Again, why is the court inventing its own procedure for assessing Chinese drywall? Certified Mold & Allergen Free Corp W Lake Vista Cir, Davie FL Fax
4 April 23, 2010 COMMENTS ON PRE-TRIAL ORDER 13A Page 4 of 4 THRESHOLD INSPECTION PROGRAM (TIP) Why is the focus on Chinese drywall and not corrosive or problem Chinese drywall? Why is an insurance adjuster doing the inspection rather than an experienced CDW inspector or even a home inspector? Sincerely, Gary Rosen, Ph.D., LEED AP AmIAQC/IAQA Certified Environmental Consultant State Licensed Building Contractor State Licensed Independent Insurance Adjuster Certified Mold & Allergen Free Corp W Lake Vista Cir, Davie FL Fax
5 Gary Rosen, Ph.D. LEED AP SICK HOMES, MOLD ASSESSMENT & REMEDIATION, WATER DAMAGE, CONSTRUCTION DEFECT INVESTIGATIONS, ODORS, INSURANCE DISPUTES, ASSESSMENT & REMEDIATION OF CHINESE DRYWALL Florida Licenses Florida Licensed Building Contractor: CBC Florida Licensed Real Estate Broker: BK Florida Licensed Independent Insurance Adjuster/ Insurance Claim Appraiser: D Professional Liability Insurance (Errors & Omissions) $1M policy for mold and microbial matter updated to include testing Chinese drywall US Green Building Council LEED AP Certified Educational Course Provider (EPP #002): 6 Approved Courses on Water Damage and Related Construction Defects. See our web site at: EPA Certifications Lead-Safe Certified Firm under the EPA Renovation, Repair, and Painting (RRP) Rule. Mold and Water Damage Related Certifications IAQA/AmIAQC Certified: Board Certified Indoor Environmental Consultant & Certified Mold Remediator IICRC Certified: Applied Structural Drying; Applied Microbial Remediation Technician; Water Restoration Technician Chinese Drywall Expertise Extensive experience with assessing and remediating Chinese drywall. Course Author: Chinese Drywall Assessment 101, Chinese Drywall Remediation 101 Speaker: HB Chinese Drywall Litigation Conference May 18, 2010 New Orleans, LA Dr. Rosen s Educational Background UCLA Post-Doctoral Research Fellow (1980) for Dr. Paul D. Boyer, Director UCLA Molecular Biology Institute. Dr. Boyer won the 1997 Nobel Prize in Chemistry Ph.D., Biochemistry & Molecular Biology, Molecular Biology Institute at UCLA (1979) B.S., Chemistry, University of Florida (1975) with Honors Mold Experience: Mold & Construction Defect Investigations / Testing Dr. Rosen has personally performed over 1000 mold and construction defect investigations since Mold Experience: Mold Remediation & Construction Dr. Rosen has personally performed over 300 mold remediation projects since Dr. Rosen s Mold Related Books & Publications (All Available on Amazon.com): Environmentally Friendly Mold Remediation Techniques That Significantly Reduce Childhood Asthma Gary Rosen, Ph.D. Published by Hope Academic Press (2007) ISBN Available on Amazon.com Mold & Mold Toxin Remediation: What You Need to Know Before Purchasing Real Estate. Gary Rosen, Ph.D. Published by Hope Academic Press (2006) ISBN Available on Amazon.com When Traditional Medicine Fails: Your Guide to Mold Toxins Gary Rosen, Ph.D. & James Schaller, M.D. Published by Hope Academic Press (2006) ISBN Available on Amazon.com Certified Mold & Allergen Free Corp W Lake Vista Cir, Davie FL Fax
6 CERTIFICATE OF LIABILITY INSURANCE ISSUE DATE 10/2/2009 PRODUCER SERIAL #: Legends Environmental Insurance Services, LLC 2165 N. Glassell Street Orange, CA PHONE: (800) FAX: (800) LICENSE #: OC79875 INSURED Certified Mold Free 2881 W. Lake Vista Circle Davie, FL COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE INSURER A: American Safety Risk Retention Group, Inc. INSURER B: INSURER C: INSURER D: INSURER E: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COMP. TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS A GENERAL LIABILITY x COMMERCIAL GENERAL LIABILITY CLAIMS MADE x OCCUR OWNER'S & CONTRACTOR'S PROT ENV /01/ /01/2010 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) $1,000,000 $1,000,000 $1,000,000 $1,000,000 $50,000 $5,000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Each Accident) ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per Person) BODILY INJURY (Per Accident) PROPERTY DAMAGE (Per Accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EACH ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT: AGGREGATE: EXCESS LIABILITY EACH OCCURRENCE: UMBRELLA FORM OTHER THAN UMBRELLA FORM AGGREGATE: WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: Included Excluded WC Statutory Limits Other EL EACH ACCIDENT: EL DISEASE - POLICY LIMIT: EL DISEASE - EA EMPLOYEE: OTHER A Professional Liability Microbial Consulting Cov Chinese Drywall ENV /01/ /01/2010 $1,000,000/$1,000,000 Limit / Claims Made $1,000,000/$1,000,000 Limit / Claims Made $1,000,000/$1,000,000 Limit / Claims Made DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS The certificate holder is hereby named as additional insured with respect of work done by the insured for the certificate holder. CERTIFICATE HOLDER For Bidding and Information, CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES Eidyia Solutions, Inc. AUTHORIZED REPRESENTATIVE OF INDEPENDENT INSURANCE AGENCY
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