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CertainTeed Fiber Cement Siding Litigation, MDL Docket No. 2270

We have some details in regards to the CertainTeed Siding Class Action Settlement that we will outline below.

CertainTeed will pay $103.9 million to settle the Class Action approved by the Court.

CertainTeed Corporation and representatives of owners of buildings on which the Siding had been installed reached a proposed class action settlement. The settlement is intended to resolve disputes between the parties about the performance of the Siding. This proposed class action settlement covers the entire United States.

To be eligible for a claim, you must meet the guidelines (detailed below), and file a claim form here, before August 11, 2020 (6 years from the settlement effective date of August 11, 2014).

You are a Settlement Class Member if:

  • You owned a home, residence, building, or other structure in the U.S. as of September 30, 2013, on which the Siding was installed on or before September 30, 2013.
  • If that date applies to you, and you are a Settlement Class Member, you are only eligible for a remedy under the Agreement if you have an Eligible Claim.
  • An Eligible Claim means that your Siding meets the Qualifying Damage criteria laid out in the Agreement (detailed below).
  • You may also file a claim if you purchased a building on which the Siding was installed on or before September 30, 2013, and the seller did not retain the right to make a claim.*

*If you owned a building on which the Siding was installed on or before September 30, 2013, but then sold it, you may file a claim only if the following are true:

(a) the purchaser assigned that right to you in writing

AND

(b) your claim package is postmarked no later than the 180 days after the Effective Date of the Settlement Agreement (August 11, 2014) or the settlement on the sale of the building. You must submit the written assignment with your claim package when you file.

The final fairness hearing was held on February 19, 2014, and the court approved the settlement on March 20, 2014. On April 9, the Jabrani objectors filed a notice of appeal challenging the Court’s final approval. This particular appeal has been withdrawn, finalizing the Settlement Effective Date as August 11, 2014.

What is Considered Qualifying Damage

The following Qualifying Damage means damage caused by a defect in the specific CertainTeed Siding that manifests in the following ways:

  • Shrinkage between the ends of Siding in excess of 3/16”
  • Except that for Siding installed along windows, doors or trim shrinkage must exceed 5/16”
  • Siding with warping or bowing in excess of 1/2″
  • Field and edge cracking through the board
  • Delamination

Siding means CertainTeed WeatherBoards™ Fiber Cement Siding, Lap Siding, Vertical Siding, Shapes, Soffit, Porch Ceiling, and 7/16” Trim that was installed on or before September 30, 2013, on the qualifying structures we’ve laid out above.

Qualifying Damage Examples: *Click to Enlarge

 

Our Response to This Settlement

First and foremost, we are here to make filing a claim easy for all of our clients. You can file your claim here, and we are available to assist anyone through the claims process.

We first want to provide our clients with a link to file a claim here but we want to make it clear that we will assist people during the claims process to ensure you get what you need.

In terms of next steps, we at First American recommend only one brand of Fiber Cement, and that’s James Hardie Fiber cement. It’s a high-quality material that consists of Portland cement, Silica sand, and water. CertainTeed’s weatherboard used Fly ash, a cheaper recycled byproduct of coal power plants, instead of silica sand. Fly ssh, when mixed with lime and water, forms a compound similar to Portland cement.

On top of being the best siding we recommend, James Hardie siding carries with it an industry-leading 30-year non-prorated warranty. This means that the warranty does not depreciate.

The warranty covers damage caused by hail or termite attacks, and is warranted to be free from defects in material and workmanship. If, during the Limited Warranty Period, the Product is defective in material or workmanship, Hardie will, in its sole discretion, either repair or replace the defective portion of the Product, or, during the first (1st) through the thirtieth (30th) year, reimburse the Covered Person for up to twice the original retail cost of the defective portion of the Product. Click here for more information on James Hardie. Click here for more information on James Hardie.

We believe that manufacturers of products marketed to last a lifetime should do just that. We believe the manufacturer should put, in writing, what the product will and won’t do over its life and always back it up with a guarantee. If something during the manufacturing process went wrong, it’s their job to make it right.

We hand select manufacturers of exterior products based on this philosophy and based on our expertise, research, and knowledge of other industry experts to ensure we are offering the best value products to our customers.

Key things to note:

  • Eligible claims are for siding installed on or before September 30, 2013.
  • Qualifying damages are listed above, and also here for reference.
  • To be eligible for a claim, you must meet the guidelines, and file a claim form here, before August 11, 2020

First American is here to help you review your qualifying damage and file your claim appropriately. We also want to offer our services when it comes to installing new, high-quality James Hardie siding on your home when the time comes. Feel free to contact us at any time for questions, help, or to get a FREE estimate.

Frequently Asked Questions

What is Qualifying Damage

Qualifying Damage includes shrinkage between the ends of Siding in excess of 3/16” except that for Siding installed abutting windows, doors or trim, shrinkage must exceed 5/16”. Siding with warping or bowing in excess of 1/2″, field and edge cracking through the board, or delamination is also Qualifying Damage. Siding must have been installed on or before September 30, 2013.

How Do I Know if I Have the Qualifying Siding

Product control and ID numbers imprinted on the reverse side of the fiber cement siding will include one of these essential initials: TH (Terre Haute Plant), WC (White City Plant), RR (Roaring River Plant). Also, a unique fingerprint of wood grain in CertainTeed WeatherBoards is imprinted with a wood grain pattern that includes a characteristic knot recognizable in photographs as well as in siding samples.

What Happens if I Do Not File a Claim

If you have the Siding on your building, all decisions made by the Court in this lawsuit or about the settlement will apply to you. If the Court approves the settlement, you will have released CertainTeed from any further claims against it about the issues settled in this lawsuit, and you can’t ever sue CertainTeed again about these issues. This is true even if you do not send in a Claim Form for a remedy. However, you will retain the right to make a claim under the Agreement until six years after the Effective Date. There is a shorter deadline if you sold the building.