Dan and Mary Flannigan bought a brand new house in 2004.

"When we bought the house we noticed a funny smell," Dan Flannigan said.

They decided to repair the water heater when they first moved in and they recently replaced it; but that wasn't the problem. The smell persisted and they began to suspect cheap dry wall from China was the cause.

"I've had a headache since we moved in and my wife has had it worse. She's had pneumonia every year," Flannigan said.

The Flannigan's said their dog Abbey developed health problems as well. They also claim the chemical that dry wall is giving off tarnishes any copper or silver in the home.

"I put little pieces of copper all over the house, they all turned black. So I'm pretty sure it's all over the house," Flannigan said.

They blame their builder Stafford Custom Homes. NBC 17 contacted Stafford and they declined to comment. The company's attorney did respond to the lawsuit asking for more time to answer the complaint.

"In 2003, 2004, 2005 there was a building boom and they ran out of domestic dry wall. The builders started to use alternative sources from China," Flannigan's Attorney Dan Bryson said.

The couple worries the dry wall may cause even more serious health risks.

"If it takes a copper coil which is supposed to last 30-40 years and turns it to ash in a couple of months it can't be good to breathe," Flannigan said.

But they don't want to be forced out of their home and hope Stafford Custom Homes comes through.

The couple also replaced the vapor barrier under their home but the problems continued. They said this just confirms their suspicions.