Posts Tagged ‘ class-action settlements ’

Maybe you haven’t heard about the class-action siding lawsuits…

If you haven’t heard, you’re not alone.

When I first started working for ClaimSource One I remember wondering and eventually asking why it seemed like no one or very few were aware of the class-action lawsuits regarding damaged siding products. If it affects millions of homeowners across the United States and there are hundreds of millions of dollars set aside to reimburse homeowners, how is it that so few know about the class-actions? The answer is simple and in my opinion, completely unfortunate:

The notification process used in many of the building product class-action settlements is nationwide advertising campaigns using television, newspapers and radio.  According to the court settlement, you are considered notified whether you see or hear the advertisements or not.

ClaimSource One was established for this very reason. Our objective is to educate and assist as many homeowners as possible. If you have the misfortune of owning a home with a damaged building product, here are some good websites to reference:

Class-Action Program(s) Website
Masonite Warranty www.masoniteclaims.com
Abitibi/ABTco www.abtcoclaims.com
Forestex www.forestexclaims.com
LP Warranty www.lpsidingclaims.com
Weyerhauser www.weyerclaims.com
Woodruf Roofing www.masoniteclaims.com
2010
01/28
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Lawsuit Information
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Louisiana Pacific Warranty Program

Now that we’ve reviewed Masonite Warranty Claims, there is another warranty program that also offers cash settlements to homeowners for their defective siding.

The class-action lawsuit against Louisiana Pacific (LP) for their Inner Seal brand of siding was initiated in 1996 and the deadline to file claims under their class-action program passed in 2002. Like Masonite though, LP has setup a warranty program for any homeowners that may have missed the deadline to file. In order to file a warranty claim, your siding must have been installed prior to January 1, 1996. On average, the LP Warranty claim takes six to nine months to process and is very similar to the other class-action settlement programs.

LP also offers homeowners an opportunity to file claims for siding that was installed after January 1, 1996 but those claims are covered under their Smartside claims program. The Smartside claims are much more intensive than the Inner Seal warranty claims in terms of documentation requirements and very little is known of their requirements for filing a claim.

 A good way to determine if you have Louisiana Pacific siding is by the distinctive LP knot. Here’s a good example:

2010
01/06
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CATEGORY
Siding Claims Program
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Masonite Warranty Claims: Hardboard & Omniwood

If you think you may qualify for a Masonite brand siding claim – there are a few things you need to know. The term “Masonite” has become a generalized name in the marketplace referring to composite wood siding. There are many different brands of composite wood siding and the Masonite Corporation has two different types which were involved in class-action lawsuits, Omniwood and Hardboard. The class-action settlements for these types of siding ended in the last few years. But don’t worry; the settlement has setup a Warranty Program for any homeowners that may have missed out on the class-action settlement period or for homeowners who did not receive a full settlement on their initial claim(s).

 There are many benefits to filing a Warranty Claim. The claims only take approximately four months to process with the court (as opposed to the class-action settlement’s six to nine month time frame) and they offer you a cash settlement that you may put towards repairing your defective siding. Also, with the class-action programs, you were not able to file a claim if your home was built after January 6, 1999 but with the warranty program, you can file even if your home was built in 2000 or later.

 The warranty program does pay less per square foot and age depreciation may play a factor in the settlement received. But regardless of this, you’re still able to file and collect money that is owed to you. We always say, “Some money is better than no money”!

2010
01/04
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CATEGORY
Siding Claims Program
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Composite wood siding: a deeper look into why it will eventually fail

As we discussed in our first blog, composite wood siding was the choice of many manufacturers during the real estate boom in the last twenty years. Composite wood siding is a man-made product that uses various combinations of wood chips and glue, overlaid with very thin laminate, to give a “real wood” look on the surface

For the most part, composite siding does not handle water very well, causing wood fibers to expand and contract causing the boards to crack, buckle, peel and delaminate. As the paint cracks, it allows more moisture damage to occur, and fungi and bacteria to penetrate the wet wood. Other factors contribute to the failure of composite wood siding such as the quality of its installation and/or the design of the structure.

If these “bad” areas are not repaired or replaced, the siding could cause subsequent damage to other products on your home such as wall and roof sheathing and other interior products. You could also have a problem selling your home in the future. Believe it or not, you could be held legally accountable for not disclosing this product and its problems to a potential buyer.

Jessica mentioned in her blog last week that the siding claims programs are not designed to be a complete reimbursement for siding replacement. While this is true, you can use this money to help defray the cost of repairing or replacing your problem siding.

We encourage those of you with the above mentioned siding problems to have it evaluated to determine if it falls under any of the class-action settlements. It’s important to act quickly! 

Happy New Year!

2010
01/01
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Lawsuit Information
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Siding claims overview and deadlines for filing

So far we’ve briefly discussed the class-action lawsuits, what to look for on your property if you think you may qualify and the general overview of the claims filing process.  But you’re probably still wondering about the types of siding/manufacturers of the siding that fall under the class-action settlements. Below I’ve listed each one, a short description including the civil action numbers and the class-action settlement dates.

ABTCO

On September 27, 2000 the Circuit Court of Choctaw County, Alabama, approved the lawsuit known as Foster, et al. v. ABTco, Inc., et al., Civil Action No. CV 95-151-M. If your property has exterior ABTCO siding that was installed between May 15, 1975 and May 15, 2000, you may be eligible for compensation.

Claims filing deadline — 25 years from date of installation

Masonite Hardboard Class-Action Lawsuit

On January 15, 1998, the Circuit Court of Mobile County, Alabama, granted final approval to a settlement in the lawsuit known as Naef v. Masonite, CV-94-4033. If you have exterior Masonite Hardboard siding installed and incorporated into your property between January 1, 1990 and January 15, 1998, you may have a right to compensation for damage associated with your siding.

Claims filing deadline — Ten year program: January 15, 2008, for siding installed between 1/1/1990 and 1/15/1998.

Note: although the class-action deadline has expired, warranty claims may be filed.

Masonite Omniwood Class-Action Lawsuit

On January 6, 1999, the Circuit Court of Mobile County, Alabama, granted final approval to a settlement in the lawsuit known as Cosby v. Masonite, CV-98-2446. If your property has exterior Omniwood Siding that was installed between January 1, 1992 and January 6, 1999, you may be eligible for compensation.

Claims filing deadline — Ten year program: January 6, 2009, for siding installed between 1/1/1992 and 1/6/1999.

Note: although the class action deadline has expired, warranty claims may be filed.

Forestex Class-Action Lawsuit

A settlement has been approved in a class-action lawsuit about the durability of Forestex siding made by Stimson Lumber Company.  If your property has exterior Stimson hardboard siding Series 400 or 500 installed after January 1, 1985 in the state of Washington, Oregon, California, Idaho, Utah, Colorado or Hawaii, you may be eligible for compensation.

Claims filing deadline — November 12, 2011, for siding installed after January 1, 1985 

2009
12/30
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CATEGORY
Lawsuit Information
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