class action suit against hardie board siding

I put maxi plank siding on my house in 2008. I live in Canada and have been told I cannot be included. Class Action 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. Decide which cookies you want to allow. I have resubmitted a rebuttal to the response from Allura. This is one of the worst problems with Hardie siding considering its not an option. It has a 50 year guarantee. Furthermore, instead of the 50-year transferrable warranty that the company markets, the real warranty given to customers is a significantly less limited warranty, according to allegations. According to Georgia Pacific Representatives this siding did not have the defects found in Jarrett siding. Hardie Board Class Action Lawsuit is a new legal case that has been launched against R.J. Johnson and GlaxoSmithKline, the two main manufacturers of the Atkins diet plan. 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. This means they periodically require re-painting to maintain a beautiful appearance. Save my name, email, and website in this browser for the next time I comment. NO WAY.. Bring gutters 1 away from the siding, and install kick out flashing. 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. Within 2 years we had cracking and warping. The settlement would provide compensation to persons who have incurred property damage resulting from failure of Cladwood siding installed on their homes or buildings. Hardie board installation problems which cause water damage. Paint every 7-10 years. 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. 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. 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. 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. Unless your just unlucky and have a few defective boards something has caused the boards to warp and youll need to find and fix the problem. The only way to reduce moisture absorption with any fiber cement siding product is correct installation. But vinyl siding at least offers an insulated version which is about 10x better than Hardie. Picht, like any responsible home owner, contacted James Hardies authorized representatives. New cases and investigations, settlement deadlines, and news straight to your inbox. 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. status of any class action settlement claim. I have hundreds of cracked and warped boards on my house sided in 1/2016. A 2008 brochure stated: James Hardie siding is tough. If you go with a pre-painted option, where the boards come pre-painted by the manufacturer, youll generally be covered by a warranty against chipping and peeling for around 15 years. We use cookies to improve functionality and performance, enhance user experience, and provide tailored content. They insist on me to file the claim for the cost of the planks but they have no provision for the installation work or its warranty. ClassAction.org is a group of online professionals (designers, programmers and writers) with years of experience in the legal industry. The Fiber cement doesnt install like vinyl, most siding companies just arent trained or experienced enough to install the product. It all comes down to installing the material the right way. Neighborhood Association requires cement board siding. Allura fiber cement siding, however, is made using fly ash, a byproduct of power plants burning coal. My house was built new in 2012 and within the first year the defects started showing up. In fact, it was Joes long experience with faulty LP siding that led to the founding of Joseph Ketner Construction in the first place. I have this and all the symptoms are as described. AWFUL representation trying to get away with something. Unlike vinyl, aluminum, and other siding materials, Hardie siding will need to be re-painted. 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. But the biggest pain for the building firms will come in the form of the looming class action. Flashing installed incorrectly or siding installed without the proper gap between the siding and flashing will both result in water damage and a voided warranty. These areas include, but not limited to, penetrations, flashing, plank and trim connections, and in some cases, between plank joints. Any objection must be filed no later than, You may ask to speak in Court about the Settlement. Any suggestions on how I should proceed? The lawsuit further alleges that James Hardie has not lived up to its warranty obligation to replace the damaged siding. WebSweets Catalog Hardie Advertisement.) 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. Always use good quality paint, its not worth saving a couple of bucks on paint. lawsuits can be viewedhere. I live in Canada. This proposed class action settlement covers the entire United States. As with Hardie, fiber cement siding problems are mainly due to two things, water and improper installation. There are several reasons why cracking and splitting in Hardie board can occur. Claims More than 37,000 claims were filed against LP, and the company ultimately paid out almost $1 billion to satisfy those claims. Weather plays a huge role in how long paint will last along with how much sun you get some keep that in mind. Several class action lawsuits have been filed recently against James Hardie with regard to their fiber cement siding products. As we keep mentioning, moisture problems with Hardie siding are by far the worst issues youll have using the product so do everything you can to make sure water can not absorb into the siding, including sealing all butt joints properly and installing the correct flashing. Sound familiar anyone! Carbonaro and Storm seek to represent a Class of individuals in North Carolina who own structures that have Allura fiber siding installed. If you do all these things right, then Hardie is an excellent, premium grade siding product. 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. Claims More than 37,000 claims were filed against LP, and the company ultimately paid out almost $1 billion to satisfy those claims. Fiber cement siding is not like vinyl, aluminum, masonry, wood, or any other siding product. The products instability was readily apparent in the aftermath of South Floridas devastating encounter with Hurricane Andrew in 1992. Hail. The terms Hardie siding or Hardie board are commonly used in the industry as a name for all Fiber Cement siding. 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. Impact. In cases where water is able to absorb into the siding all sorts of bad things can happen like rot, mold, mildew and complete deterioration of the siding and eventually the sheathing layer. So add me. Fiber cement planks are floppy until secured on the wall and holding them only in the middle or transporting them over a shoulder can cause cracking. As early as Storms first year walkthrough with his builder, cracking was reportedly evident on the siding. Please contact me or add me to the lawsuit. The other named plaintiff in the case, Jameson Storm, experienced similar problems after his siding allegedly started to crack in 2018 after being installed in 2015. Dallas, TX home built in 2016 has several cracks. The installer cut the length wrong and tried to hide it with lots of caulk which eventually dries and leaves a huge gap. We built our home in 2012 and choose to use cement board siding because of the no to low maintainance, it was also more expensive than vinyl or aluminum siding. My contractor has an invoice for the replacement boards and his labor. Future water damage just waiting to happen. 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 We built our house in 2015 in Nebraska and received a letter from our builder stating there is a class action lawsuit against Allura. 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. Compare that to other siding products, such as vinyl, which require no maintenance whatsoever. 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. I have multiple failure of the boards. Homebuilt in 2014. Required fields are marked *. Its a fantastic siding product but make sure to install and care for it properly and keep your eye on any areas where water collects. Carbonaro reportedly assumed that her builder had selected a good quality siding that would last decades, if not 50 years as advertised. All planks must be replaced. This will result in eventual water damage either by absorbing into the siding or getting behind into the sheathing or frame. Oh, and its probably an installation issue, which isnt covered. Each member of our siding replacement and installation teams is trained to meet or exceed all manufacturers specifications. If you dont paint the siding every 7-10 years, on average, itll start to fade and/or peel, crack or chip. While well look at the benefits of Hardie siding elsewhere, this article will explore the five worst problems with Hardie siding. So bottom line, install it the right way and avoid water issues altogether. A recent class action lawsuit claims that Allura fiber siding is defective and fails to meet standards for performance and weather resistance. Its what the siding is made of thats the problem. No matter how many times you re-caulk this itll eventually dry up and shrink. Boards are shrinking and allowing water to seep underneath, Your email address will not be published. Today I filed a warranty claim and talked with Allura, I was told there was not lawsuit. I am seeing cracks in random location on our home. I am in Virginia, my Allura prepainted siding has cracked on almost every board. A proposed settlement has been reached in a class action lawsuit concerning a siding product known as Cladwood. With no muss and no fuss. These differences help explain why certain materials are more popular in various regions of the country. You can rest easy with Joseph Ketner Construction. But the biggest pain for the building firms will come in the form of the looming class action. Remarkably so. I live in Virginia and my house was built using Allura siding in 2015 by Stephen Alaexander Homes. Lastly, Atkins Diet claims that it provides a number of benefits, including increased energy, better concentration, improved immune system, weight loss, and reduced risk of diabetes. However, this can result in some functions no longer being available. Keep siding 1/4 above flashing above windows, andnot caulked here. Heres a quick briefing in Hardie care youll need to do to ensure your siding looks its best. 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. Hardie Board Class Action Lawsuit is a new legal case that has been launched against R.J. Johnson and GlaxoSmithKline, the two main manufacturers of the Atkins diet plan. Fire resistance: James Hardie siding is not combustible; therefore, it wont add fuel to a fire. Joes experience helped him learn a great deal and illustrated the need for a new Portland-area siding company that provided local homeowners with premium siding. The siding itself is sometimes the issue, not necessarily the installation. The flashing keeps water off the sheathing and drains water properly which prevents water damage. Our neighborhood has a couple of other houses with the same siding and they are having the same issues. The Class Action Lawsuit involves claims that the Atkins diet was dangerous for kids because they have suffered various long term health problems. Through the years, JKC crews have continued to replace old LP siding with new Hardie plank siding on hundreds of houses. Hardie siding is very expensive and youll want to make sure you preserve your warranty and siding for the long term. Make sure you factor in these additional long term costs when deciding if Hardie is the right siding product for you. 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. Learn more about the cookies we use. According to the plaintiffs in a class action lawsuit, the Allura fiber cement siding is prone to cracking, bowing, shrinking, breaking, and other issues. Wind. But requiring long term maintenance highlights one of the worst problems with Hardie siding which is the cost. Just an all around sloppy installation. Under normal circumstances, when installed correctly, Hardie is a great siding product and resists water. No one will buy a house with fly ash siding without expecting a large discount. Add me to your CA suit. But, if water manages to get through the surface layer and into the siding, youll have big problems down the road. Fire. Its near total lack of any insulation value is still an area of concern. 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. It also consists of eating more protein and fats than usual while drastically reducing the amount of carbohydrates you eat. 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. Make sure when you hire a siding contractor that theyre experienced with Hardie siding products and installation methods and you should be fine. Caulk where needed with permanently flexible caulk, Paint cut edges as you install with the correct paint, Proper installation of all trim and flashing. Click Change Settings if you want to tailor the use of your cookies. Actions does not process claims and we cannot advise you on the No representative visited. Maxiplank Siding problems in Indiana. Another point to remember is that assuming you installed your Hardie siding correctly, and it does absorb some water, then your covered by the warranty. Top Class Actions is a legal news source 100% Allura panel used for siding, over 200 8x4 panels. Please add me to this class action. The claims were initially disregarded due to the expiration of the builders warranty, but the builder allegedly notified the manufacturer of the problem. While there is no guarantee that the Atkins Diet will lower your cholesterol and increase your good cholesterol, it is important to remember that reducing cholesterol naturally lowers your total cholesterol, while raising good cholesterol can help reduce your overall blood pressure. 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. it is so soft and brittle you cant even push on it or it breaks and falls apart. This proposed class action settlement covers the entire United States. The Court has not made any determination regarding the quality of the Siding. Curious about wood siding and trim? Hiring a Divorce Attorney in Toledo, Ohio, Clackamas County District Attorney John Wentworth. This can be expensive as some areas are high and out of reach requiring a professional for safety issues. How do I find out if the fly ash boards were used in Delaware? A proposed settlement has been reached in a class action lawsuit concerning a siding product known as Cladwood. Please add me. Allura is giving us the run around asking for more pics- wants to see if it was installation issue. An issue that comes up relating to weather is uneven weathering. 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. The removal process for Hardie siding essentially mirrors the installation process, and youll most likely need to hire a siding professional for the work. Now Joe continues to work and pass on his expertise for siding and exterior remodeling. Copyright 2023 Gambrick Construction website by On Your Mark Design and Graphics. 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. Hardie Board Class Action Lawsuit is a new legal case that has been launched against R.J. Johnson and GlaxoSmithKline, the two main manufacturers of the Atkins diet plan. Because this material is porous, it can also absorb water through the cut edges. The lawsuit claims that the Siding is defective and is prone to cracking, bowing, shrinking, warping, breakage, or gapping. Linda. And to prove it, most of our products come with a 50-year transferable warranty. For instance, we use it around door frames, brick or stone facades, window sills, and other edges. You must contact the Over time, the siding further deteriorated and started to shrink, causing gaps between the boards and causing some boards to pull from their fasteners. Please add me to the list, home built in 2012 has cracks and gaps around the entire houseso so disappointed & frustrated!!!! Impact. However, she noticed in 2018 that her siding was cracking and breaking and that her neighbors had similar experiences. This flies in the face of all established medical knowledge regarding how to lose and maintain weight. Fiber cement exterior siding is a building material used to cover the exterior of building. James Hardie and Studorp were asked to pay costs of $2500 to the respondents. I am fuming that siding is failing around my entire house. This is a good indication of improper installation which needs further investigation. But no installer or costs for repainting. Thats how we compare and contrast all the different materials we build a new home with. We filed a complaint with Allura and they stated that our problems were due to installation and handling. Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join! document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Your email address will not be published. Care must be taken to properly store planks, which generally require two people to carry and install. Does anyone have any idea if this offer from Allura is comparable to the possible damages from the lawsuit? Allura warranty is offering me just over $2000 to sign and never bother them again. The Final Approval Hearing is scheduled for. By far the worst problems with Hardie siding are all water related and these are mainly due to Hardie board installation problems. Can you advise how I might be able to participate in this class action given that I had not received any notice? Moisture problems with Hardie siding arent going away. Karen Kenney v. Allura USA, LLC. 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. In this example water has absorbed into the fiber cement causing the paint to bubble. , the Allura fiber cement siding is prone to cracking, bowing, shrinking, breaking, and other issues. Please add me to any contact info for the class action as well. Hardie is the brand name of a top fiber cement siding manufacturer, but theyre are lots of manufacturers out there that sell fiber cement siding. Yes. What does that mean? I did not install the planks, the house was built by a contractor that hired a siding installing company for the installation job. Hail. To make sure your moisture barrier remains intact, you should inspect the caulk annually, looking for gaps and cracks that need repair. As result, we cannot sell our otherwise very nice, well-kept 6-year old house until we replace all the Allura siding with HardiePlank. Just about every home has an area where siding comes in direct contact with a surface that collects or passes water, snow, or ice. 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. Read About More Class Action Lawsuits & Class Action Settlements: document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); We just filed a claim with Allura and they sent a representative out who had NO idea what Allura siding was and NEVER climbed up to see if any more cracks only the SAME pics as I submitted. As the home was under warranty, and I had a few spare boards from the original build, Schell had a contractor replace the cracked pieces. 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. Make sure you hire a professional that has experience working with fiber cement. We cant say this enough, make sure you install fiber cement siding properly, no matter the manufacturer, and its a fantastic siding product. WebClass action suit against hardie board siding. Touch up paint may be needed to cover small nicks, scrapes, scratches, nail holes, peeling, dents, cracks, etc. While not one of the worst problems with Hardie siding. The Class Action Lawsuit involves claims that the Atkins diet was dangerous for kids because they have suffered various long term health problems. A recent class action lawsuit claims that Allura fiber siding is defective and fails to meet standards for performance and weather resistance. This is one reason we recommend Hardie brand siding over other fiber cement manufacturers. Have you heard anything or had any luck with warranty replacing your Maxiplank siding. The siding also warped, delaminated, and became severely discolored in places. I have been researching a solution to my issues to no avail. Most Hardie siding problems we see are due to improper installation. In fact weve never had it happen on any home weve used it on. This is just another reason to make sure you hire a professional installer of fiber cement siding. Re-apply caulk when it begins to show signs of wear to help keep moisture from getting into the wall cavity. It can be caused by one or more of the issues listed below. This will eventually lead to deterioration of the siding and can possibly spread into the sheathing layer. To be fair other materials dont offer much in terms of r-value either. Siding boards, especially long ones, need to be be supported at both ends when moved. 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. A $12.5 million settlement has been reached over a class action lawsuits claims that Plycem USAs Allura fiber cement siding is defective. If you have any questions or comments e-mail us any time. And paint isnt the only maintenance your fiber cement siding will need. 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class action suit against hardie board siding 2023