The settlement is intended to resolve disputes between the parties about the performance of the Siding. A recent class action lawsuit claims that Allura fiber siding is defective and fails to meet standards for performance and weather. Remarkably so. So bottom line, install it the right way and avoid water issues altogether. Neighborhood Association requires cement board siding. Over nailing with a nail gun or improper nailing. Fiber cement is a siding material that was first introduced in the 1980s as a replacement for asbestos cement, wood, aluminum and vinyl siding products. Defective material. A proposed Settlement has been reached in a class action lawsuit involving certain Allura branded fiber cement lap siding (Siding) manufactured or sold by Plycem USA LLC (Plycem). The claims were initially disregarded due to the expiration of the builders warranty, but the builder allegedly notified the manufacturer of the problem. Do it wrong and the material is a nightmare. So add me. The lawsuit claims that the Siding is defective and is prone to cracking, bowing, shrinking, warping, breakage, or gapping. Alleged Defects in HardiBoard Siding Lead to Class Action Lawsuit, In re Hardieplank Fiber Cement Siding Litigation Complaint, In re Hardieplank Fiber Cement Siding Litigation Transfer Order, The company failed to use an appropriate primer during the manufacturing process, leading to exacerbation of product defects, The siding problems are severe enough to require customers to replace the product at their own expense, James Hardie knew or reasonably should have known the siding is defective as designed and manufactured such that the product fails prematurely, James Hardie intentionally conceals the terms of its putative limited warranty by widely marketing a 50-year transferrable warranty rather than a limited warranty, The company continued not to inform customers of known or potential problems even after the scope of the defects and consumer complaints became apparent. that reports on class action lawsuits, class action settlements, I think it is Maxi Plank. The date and place of the sidings manufacture are on the back of each board. I contacted my builder, whom could not locate which siding was installed until now, not sure it is too late to be included on the class action law suit, but I can not find any information on the internet regarding it. A Class Action Lawsuit is a legal suit in which several individuals are filing suits together as a collective unit, representing the victims of the manufacturer or distributor of defective products. Please add me. Thanks ! How can I get add to list, have the same issues. Thank you. Please add me to this class action against ALLURA case 2:19-mn-2886-DCN. For instance, we use it around door frames, brick or stone facades, window sills, and other edges. But vinyl siding at least offers an insulated version which is about 10x better than Hardie. This means they periodically require re-painting to maintain a beautiful appearance. Our website is supported by our users. These differences help explain why certain materials are more popular in various regions of the country. You may think your saving money but your not. WebThe lawsuit alleges that some James Hardie fiber-cement siding contains at least one defect that causes paint to peel off of the boards and causes the boards to shrink and crack. Have a new home built in 2016. Does Hardie siding absorb water? It all comes down to installing the material the right way. Plaintiffs and members of the proposed Class are represented by Daniel K. Bryson, Scott C. Harris, and Harper T. Segui of Whitfield Bryson & Mason LLP. My house has all the same issues listed in the other comments. Can Indoor Air Conditioners Be kept On The Floor? How can they make statements like this without analyzing onsite? The pic shown above has done both things wrong, the flashing is no good and the gap is too tight. The vast majority of complaints we get about fiber cement siding are due to improper installation. I am seeing cracks in random location on our home. The deadline to exclude yourself is, You may write to the Court explaining why you object to the Settlement. You must contact the A simple form letter stating it was either the contractors fault not following install guidelines or movement in the home. Neither the construction contractor nor the siding sub-contractor wants to cover the installation warranty, they want me to take care of the filing and claim to the court. Sound familiar anyone! The Class Action Lawsuit involves claims that the Atkins diet was dangerous for kids because they have suffered various long term health problems. We continue to have more cracking and warping. My home was purchased in 2017 from Schell Brothers in Millsboro, DE. WebParagraph 1.1 (i) of the Settlement Agreement established a six (6) year Claims Submission Period that concluded on August 11, 2020. Common areas where water can absorb into the siding are through cracks and splits in the siding or through nail holes that arent covered up properly. Cannot even get the Builder Southern Traditions Rob Carter to respond either. We could use one for this post. Allura Reaches $12.5M Settlement Over Alleged Fiber Cement Siding Defects, Homeless Students WiFi Class Action Lawsuit Heads to Trial, Social Security Disability application & appeal claim review, Abbott baby formula recall lawsuit investigation. Carbonaro reportedly assumed that her builder had selected a good quality siding that would last decades, if not 50 years as advertised. Please add me to this class action. Please add us to the Class Action Suit as well. Anyone in the Houston area having issues with the Allura product? Read more. As with Hardie, fiber cement siding problems are mainly due to two things, water and improper installation. I am in Wisconsin, experiencing the same problems and am so frustrated. We have had several issues with our house and the builder but this year we discovered that our siding was cracking in several places and where it was installed there are several pieces that have broken where it was nailed it. Bring gutters 1 away from the siding, and install kick out flashing. I have installed Allura fiber cement on our home in the last 2 years. A list of open investigations and The settlement would provide compensation to persons who have incurred property damage resulting from failure of Cladwood siding installed on their homes or buildings. Certainteed said it is not their product. Thank you, And paint isnt the only maintenance your fiber cement siding will need. Yes. Decide which cookies you want to allow. Unlike vinyl, aluminum, and other siding materials, Hardie siding will need to be re-painted. drug injury lawsuits and product liability lawsuits. These gaps are way too big. Tell us about your experience in the comment section below. And the life of your paint job typically depends on the type you install. Because James Hardie allegedly misleadingly marketed and sold siding that did not stand up to the claims of the manufacturer and the expectations of consumers, those affected may be entitled to compensation for damages. Defendants subsequently deployed representatives to inspect the homes and are currently aware of the extensive damage caused by their defective Siding to Plaintiffs home, the Allura fiber siding lawsuit claims. Hiring a Divorce Attorney in Toledo, Ohio, Clackamas County District Attorney John Wentworth. This is a good indication of improper installation which needs further investigation. The lawsuit further alleges that James Hardie has not lived up to its warranty obligation to replace the damaged siding. v. Allura USA LLC, et al., Case No. None of its stands a chance against 3:19-cv-00029, in the U.S. District Court for the Western District of North Carolina. I have resubmitted a rebuttal to the response from Allura. For information on deleting the cookies, please consult your browsers help function. If you dont paint the siding every 7-10 years, on average, itll start to fade and/or peel, crack or chip. Despite a barrage of complaints and warranty claims, James Hardie has reportedly refused to notify customers about the possibility of premature product failure, has not reimbursed customers for problems, and has often blamed these failures on improper installation. This stipulated that owners of properties constructed using hardboard siding from January 1, 1980 through January 15, 1998, depending on the manufacturer, could be reimbursed for any damages caused by Certainteed Fiber Cement Siding (now owned by Allura) has reached a class action settlement. Privacy Policy | Also areas that arent flashed correctly or where siding can sit in pools of water. Same here in 2012 in Wisconsin, I have not had any luck, can you forward any information if you have had any? This field is for validation purposes and should be left unchanged. It is designed to help people lose weight by lowering their carbohydrate intake. So does Hardie board absorb water? Give us a call today! Allura said they would give us 10 boards worth $141.00 to replace 10 boards. It seems like everyone wants to blame it on the install. The claim focuses on the effects that the diet has on the heart and lungs. High winds shredded panels, exposing the underlying oriented strand board (OSB) to torrential rains, intensifying and speeding up the disintegration process. Homebuilt in 2014. However, in many cases, the siding rotted, disintegrated, and became discolored. 3515 NE 43rd Ave Joseph Ketner Construction But requiring long term maintenance highlights one of the worst problems with Hardie siding which is the cost. In these areas Hardie siding can absorb moisture. We live in Iowa so if you know anyone here to put us in contact with I would appreciate you reaching out to me directly. Defendants contend that the Siding is not defective and performs well when installed correctly. Contacted the warranty person today who gave me the run around and told me to fill out more forms online, I will need to submit documentation proving this is their product and she also said there is NO class action lawsuit, this product is great and theyve never had problems with the MaxiTile product. document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); @2023 Top Class Actions. At Gambrick, we do siding installation projects as well as build custom new homes and additions. Its crucial you take both the pros and cons of Hardie siding into consideration before making such a major decision. This is another example of Hardie siding installation problems caused by an inexperienced contractor. in Ocotber 2016. In some cases, the parents of Class Action victims have even tried to poison their children! If you dont paint the siding every 7-10 years, on average, itll start to fade and/or peel, crack or chip. A $12.5 million settlement has been reached over a class action lawsuits claims that Plycem USAs Allura fiber cement siding is defective. This option is available only on claims for qualifying damage that do not exceed 30 percent of an elevation. Hardie has steadily grown in popularity since, mostly due to its durability, style, feel and texture. This can be expensive as some areas are high and out of reach requiring a professional for safety issues. Certainteed Fiber Cement Siding (now owned by Allura) has reached a class action settlement. Metrojersey.com NJ's #1 Web Directory
Please add me. I would like info to be added to the class action suit. Cracks, warping mostly in the west and south of the house but pretty much everywhere. How do I find out if the fly ash boards were used in Delaware? This installation checks two huge boxes for me. A repair and replace option providing compensation for replacement siding, A quick cash option providing $4.25/square foot for areas showing qualifying damage, A cash option providing additional compensation for labor upon proof repairs have been made. When you work with Ketner, youll be informed every step of the way about the progress of your homes siding replacement. CertainTeed will pay $103.9 million to settle the Class Action When it comes to insulation values, your siding doesnt contribute much. There is no scientific evidence or undisputed facts to indicate that vegetarianism in children is a cause of decreased mental alertness, short attention span and increased hyperactivity. WebThe Class action is over The Catawba Siding was a better product but was lumped into the class action because it too is a hardboard siding. If youre buying a house and thinking about a home inspection, let us know. The judge who presided over the case said LP got the most money to the most people in the quickest amount of time.. According to Georgia Pacific Representatives this siding did not have the defects found in Jarrett siding. Carbonaro and Storm seek to represent a Class of individuals in North Carolina who own structures that have Allura fiber siding installed. The gaps are too tight, butt joints are wrong, short filler pieces have been put in because of improperly cut lengths, ends dont meet up properly. WebThe class action lawsuit against Masonite hardboard siding products is over. How Many Concrete Blocks Come On A Pallet? It has been alleged that the company sold defectively designed and manufactured exterior fiber cement siding that can fail The Atkins Diet also encourages parents to take drastic measures such as removing all vitamins and supplements from their childrens diets. Linda, we have MaxiLite siding as well installed in 2012 cracking like crazy everywhere, Please add me to this lawsuit, We built our home in 2013 and Maxi Tile siding was used. Follow the manufacturers instructions to a tee. The lawsuit further alleges that James Hardie has not lived up to its warranty obligation to replace the damaged siding. The extent of efflorescence on my house is insane and very embarrassing. Allura Fiber Cement Siding Settlement 2021 Start To Claim The $12.5 Million Settlement Rebate Now. While not one of the worst problems with Hardie siding. Remarkably so. Use the proper size nails (6d or siding nails). expected to be mailed out. Researching this topic often leads to the famous (or perhaps infamous) Louisiana-Pacific siding recall. Over time, the siding further deteriorated and started to shrink, causing gaps between the boards and causing some boards to pull from their fasteners. Paragraph 4.1 of the Settlement Agreement stated that CertainTeed would make total aggregate payments of $103.9 million into the established Settlement Fund, and CertainTeed did so. However, the choice to use fly ash allegedly resulted in quality problems and defects in Allura fiber siding. Carbonaro and her neighbors reportedly contacted the contractors warranty department to resolve the issue. Several class action lawsuits have been filed recently against James Hardie with regard to their fiber cement siding products. According to the plaintiffs in a class action lawsuit, the Allura fiber cement siding is prone to cracking, bowing, shrinking, breaking, and other issues. It needs paint every 7-10 years on average and caulking when and where needed. This is a designation that applies to less than 1% of all siding contractors in the United States. According to previous James Hardie siding lawsuits, the company markets and warrants its siding as able to stand up to all the elements, and thus offers long-lasting protection for a period of 50 years without the need for maintenance, but does not deliver on these performance or warranty claims. However, this can result in some functions no longer being available. Fire resistance: James Hardie siding is not combustible; therefore, it wont add fuel to a fire. No one will buy a house with fly ash siding without expecting a large discount. The defendants, meanwhile, maintain the siding is not defective and performs well as long as it has been correctly installed, but they have agreed to a settlement to end the class action lawsuit. These rights and options and the deadlines to exercise them are explained in the Notice. As we said above moisture problems with Hardie siding is a huge issue if installed improperly. Rain. Read more. When installing fiber cement you have to respect the manufacturers recommended clearances. This water can then cause the product to crack or split, especially in colder climates. Required fields are marked *. Moisture problems with Hardie siding arent going away. Fluctuations in humidity. Elementia/Allura has offered to refund the cost of the 47 planks out of 500 that have cracked. Fire. We deal with Hardie products on a regular basis for both new installations and repair work. Water or snow will sit against the siding and eventually find its way in which causes a long list of moisture problems with Hardie siding. Eligible Class Members can choose from three options: A repair and replace option providing compensation for replacement siding and $4.75 per square foot for additional costs, such as labor and installation A quick cash option providing $4.25/square foot for areas showing qualifying damage WebSweets Catalog Hardie Advertisement.) It can be caused by one or more of the issues listed below. In this example water has absorbed into the fiber cement causing the paint to bubble. Eligible claimants will receive $4.25 per square foot for areas with qualifying damage within 30 days of the claims final approval in addition to $4.25 per square foot for the remainder of the elevation within 30 days of submission of approved proof of replacement of the claimed area., In Re: Allura Fiber Cement Siding Products Liability Litigation. However, Storms builder allegedly told him that this cracking was typical and told him not to worry about this condition. After the cracking worsened, Storm took similar action to Carbonaro and informed the builder of the issue. According to Georgia Pacific Representatives this siding did not have the defects found in Jarrett siding. How To Replace A Fence Post Without Removing Concrete. Hi Anne, Unlike other fiber cement siding which utilize common grain and silica, Allura siding reportedly uses fly ash in the manufacturing process. This is by far the leading cause weve found for cracked Hardie siding. Fiber cement siding is a hard, brittle product. For instance, while a brick veneer will only get you an R-value of around 0.11, vinyl siding typically has a measurement of 0.61. There are over 20 cracks now and most of the siding is coming loose. The siding of this home was installed during the original construction. Obviously if I could only hope to receive a few thousand from the lawsuit then Im better off just taking the $2000 from Allura and warning everyone I know about their shoddy product. Karen Kenney v. Allura USA, LLC. High winds shredded panels, exposing the underlying oriented strand board (OSB) to torrential rains, intensifying and speeding up the disintegration process. Nothing larger than a dime. Fly ash is a by-product of coal burning often produced by power plants. The only way to reduce moisture absorption with any fiber cement siding product is correct installation. Please let me know what you have found out in the class action suit or any other information. lawsuits can be viewedhere. In 1994, pressboard siding gained national attention when a class action law suit settlement against some of its largest manufacturers dictated that anyone who owned property constructed with their hardboard siding between January 1, 1980 and January 15, 1998 (dates vary by manufacturer) could be reimbursed for damages caused Because of the high cost to both buy and install Hardie siding, its imperative that you hire a company trained and experienced in installing fiber cement siding products. But the biggest pain for the building firms will come in the form of the looming class action. Hardie board installation problems are a huge problem because if installed the wrong way any damage resulting from improper installation will not be warrantied and your siding will be subject to premature damage and deterioration. However, if siding boards have simply become loose over time, it may be possible to repair the loose siding boards without needing to replace them. Plaintiffs in a Allura class action lawsuit allege that despite manufacturer claims that the siding will last 50 years, the material choice resulted in water absorption, porosity problems, and other uniform defects. These defects are reportedly not present in traditional grain and silica sand fiber siding. Water will run down from this sill, absorb into the siding, get behind into the sheathing and possibly the frame, causing all sorts of eventual problems. With regular care your Hardie siding can last 50 years or more. Please add me. Siding boards, especially long ones, need to be be supported at both ends when moved. If you see some Hardie board cracking call the company and theyll send out a rep to inspect the installation. I am interested in learning more about the Allura class-action suit. Because James Hardie allegedly released a defective product into the marketplace and falsely advertised the quality of its siding, consumers experiencing problems such as cracking and moisture invasion may have legal recourse. The flashing keeps water off the sheathing and drains water properly which prevents water damage. the content you have visited before, Advertising: Gather personally identifiable information such as name and location, Advertising: Use information for tailored advertising with third parties, Advertising: Allow you to connect to social sites, Advertising: Identify device you are using. Now we must replace the siding. WebThis class action lawsuit claims that James Hardie Building Products produces and sells exterior fiber cement siding that fails prematurely. Fiber cement is a great siding material and Hardie board is by far the best kind weve used, but it only performs as well as its installed. Portland, OR 97213. Future water damage just waiting to happen. You can rest easy with Joseph Ketner Construction. This is just another reason to make sure you hire a professional installer of fiber cement siding. A $12.5 million settlement has been reached over claims Allura fiber cement siding manufactured and sold by Plycem USA is defective. Please add me, I recently sold my home with Allura Fiber Siding. As you can see here the flashing was not installed. And for Hardie Siding, it also means we honor all individual product warranties. Keep siding 1/4 above flashing above windows, andnot caulked here. This is one of the worst problems with Hardie siding considering its not an option. Please add to Class Action if possible. My house was built in 2015, I purchased my house in 2019 and noticed a couple of cracksnow my entire back side of my house is crackingit unbelievable. administrator or law firm. Some plaintiffs alleged that the siding grew fungi. My home was built in 2014 in Iowa. Sooner may be necessary depending on climate and weather conditions. Plaintiff Martha Carbonaro says her new home was built in 2014 and Allura fiber siding was used. Shrinking caulk leaves a gap for water to drain into and eventually cause water damage not only to the Hardie siding but also the brick, sheathing, trim and window. We use cookies to improve functionality and performance, enhance user experience, and provide tailored content. Paragraph 4.1 of the Settlement Agreement stated that CertainTeed would make total aggregate payments of $103.9 million into the established Settlement Fund, and CertainTeed did so. Backing their product maybe. WebThe class action lawsuit against Masonite hardboard siding products is over. I live in Canada and have been told I cannot be included. The plaintiffs seek to represent all homeowners whose home was built with James Hardie fiber cement siding and who seek compensation for repair costs and other damages from the siding. The Hardiplank Class Action Lawsuit. High winds shredded panels, exposing the underlying oriented strand board (OSB) to torrential rains, intensifying and speeding up the disintegration process. And if there are no problems and you just have a few defective boards, do you really want to keep defective boards on your house rather than replacing them. This proposed class action settlement covers the entire United States. Customers have also alleged that that some of the sidings components are not protected by the warranty or are not covered by the entire 50-year period. Property owners who experienced problems with James Hardie fiber cement siding may be able to participate in a class action lawsuit to recover compensation for repair costs and other damages. I have a home near Raleigh NC that was built in 2018 and the siding is cracking all over. Impact. 402-598-2775. Because this material is porous, it can also absorb water through the cut edges. WebClass action suit against hardie board siding. Home built on July of 2017 we have multiple cracks around our whole house and Allura is coming back to us stating they want to give us $272 to replace 29 pieces @9.38/ea. Its widely considered to be the best siding on the market. Allura made offer to replace one side of home (most cracks) but not other 3. Any violation of the instructions can create serious moisture concerns and void the products warranty. There should be a space between the bottom the the Hardie and the cement. Wind. Valley, Ne 68064 However, this can result in some functions no longer being available. Several class action lawsuits have been filed recently against James Hardie with regard to their fiber cement siding products. It is still being manufactured at the Catawba plant. A recent class action lawsuit claims that Allura fiber siding is defective and fails to meet standards for performance and weather. Learn more about the cookies we use. A proposed Settlement has been reached in a class action lawsuit involving certain Allura branded fiber cement lap siding (Siding) manufactured or sold by Plycem USA LLC (Plycem). https://topclassactions.com/wp-admin/admin-ajax.php. Learn more about the cookies we use. However, siding installed incorrectly can absorb moisture in all sorts of additional ways depending on what errors were made during the install. Wind. I have MaxiPlank 7 1/4 Traditional Lap siding on my house, installed in 2012. Boards keep cracking so that is not even close to fixing the problem. Just an all around sloppy installation. We submitted pictures to Allura and asked for a representative to look at our issues. This field is for validation purposes and should be left unchanged. Karen Kenney v. Allura USA, LLC. I was given a no go on the replacement and we have been in our house 2.5 years, YES 2.5!!! With either option however, you still need to eventually re-paint the siding. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Top Class Actions is a Proud Member of the American Bar Association, Various Trademarks held by their respective owners. The siding has the same issues as mentioned in the class action lawsuit. A good siding specialist with experience working with fiber cement can inspect your siding to determine the reason it appears warped and the best way to correct the problem. The fact that the Atkins Diet has been in the news recently is an indication that the lawsuits may have some merit. On average, a high quality, 100 percent acrylic exterior house paint should last somewhere in that range on fiber cement thats properly primed at the factory, as long as the paint was applied correctly. Caulk where needed with permanently flexible caulk, Paint cut edges as you install with the correct paint, Proper installation of all trim and flashing. Built home in 2013. Drive nails in straight, do not over-drive or under-drive. Ive submittted photos to James Hardie. Dents, chips, cracks and other minor surface damage can be filled with cementitious patching compound. WebParagraph 1.1 (i) of the Settlement Agreement established a six (6) year Claims Submission Period that concluded on August 11, 2020.