This means they periodically require re-painting to maintain a beautiful appearance. Nails driven below the panel surface and directional nailing can cause cracking and splitting of fiber cement. 2:19-mn-2886-DCN, in the U.S. District Court for the District of South Carolina. My contractor went bankrupt and closed up shop. Fire resistance: James Hardie siding is not combustible; therefore, it wont add fuel to a fire. If you installed factory primed Hardie siding plan on re-painting it in 5 15 years. The lawsuit claims that the Siding is defective and is prone to cracking, bowing, shrinking, warping, breakage, or gapping. I would like info to be added to the class action suit. In some cases, the parents of Class Action victims have even tried to poison their children! Remarkably so. Did every siding company who installs this product just forget how to install it? The 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. 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). One of the worst problems with Hardie siding is due to how its made and the ingredient cellulose, which is essentially just sawdust or wood pulp. I live in Canada. The judge who presided over the case said LP got the most money to the most people in the quickest amount of time.. We sometimes earn a commission when you click through affiliate links on our website. And for Hardie Siding, it also means we honor all individual product warranties. Also they claim it happens to fibre cement siding, however I live in an area where it is architecturally controlled to fibre cement and I am the only house with efflorescence. In 1994, a national class-action lawsuit was settled against some of the largest manufacturers of hardboard siding products. Boards keep cracking so that is not even close to fixing the problem. 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 claims Allura fiber cement siding manufactured and sold by Plycem USA is defective. In addition to allegations of product defects, plaintiffs also claim the life expectancy of the product is less than 50 years, despite the fact that James Hardie widely advertised a 50-year warranty for the siding. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. 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. 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. Our home has fiber cement siding and is cracking all over. If you do not exclude yourself and do not submit a claim prior to the claim submission deadline, you will not receive benefits from the Settlement and you will give up any rights you currently have as specified in the Settlement Agreement to separately sue Defendants for the claims being resolved by the Settlement. Thank you. We have vertical cracks in almost all of our siding. Our website is supported by our users. However, bare in mind that a materials energy performance isnt the only factor worth considering when choosing the right siding for your home. 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. In 2019 I discovered cracks in four locations. Below well show some of the worst problems with Hardie siding in detail as well as list the most common Hardie board installation problems we see. Tell us about your experience in the comment section below. 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. It is still being manufactured at the Catawba plant. It also consists of eating more protein and fats than usual while drastically reducing the amount of carbohydrates you eat. Fire. 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. It has a 50 year guarantee. Please add me. Manufacturers have faced a number of class action lawsuits from consumers whose homes suffered moisture related damage. And the majority of moisture issues are actually caused by improper installation. 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. 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. What is the process of being added to this Class Action Lawsuit? I am seeing cracks in random location on our home. According to the plaintiffs in a class action lawsuit, the Allura fiber cement siding is prone to cracking, bowing, shrinking, breaking, and other issues. A simple form letter stating it was either the contractors fault not following install guidelines or movement in the home. The removal process for Hardie siding essentially mirrors the installation process, and youll most likely need to hire a siding professional for the work. New cases and investigations, settlement deadlines, and news straight to your inbox. It claims that the siding cracks, warps, discolors, flakes, and shrinks which often results in it being pulled from its fasteners. Thanks. we were noticing cracking and gaps in the boards. Hardie siding is very moisture resistant overall. This flies in the face of all established medical knowledge regarding how to lose and maintain weight. These gaps are way too big. The Hardiplank Class Action Lawsuit. Joseph Ketner Construction Even hurricanes. But the biggest pain for the building firms will come in the form of the looming class action. 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. Make sure you hire a siding company that works with Hardie on a regular basis. 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 We filed a Menards product complaint form on 8/29/16. No paint stays looking like new forever. Each member of our siding replacement and installation teams is trained to meet or exceed all manufacturers specifications. Its extremely expensive to both buy and install correctly. The way our siding looks. (Warranties can be for 15 years, 20 years, and up to a 30-year warranty!). House Settling or moving. 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. The only way to reduce moisture absorption with any fiber cement siding product is correct installation. You may be included in the Settlement Class if you own a home with: Siding manufactured in Plycems plant located in White City, Oregon between February 1, 2014 and May 7, 2014 or manufactured in Plycems Roaring River, North Carolina plant between February 1, 2014 and February 18, 2015. Please add to the list for the class action lawsuit. Today I filed a warranty claim and talked with Allura, I was told there was not lawsuit. A recent class action lawsuit claims that Allura fiber siding is defective and fails to meet standards for performance and weather resistance. How To Replace A Fence Post Without Removing Concrete. It is cracking everywhere. 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. Another problem easily avoided with proper installation. You may submit a claim by, You will not receive any benefits from the Settlement, but you will keep any rights you currently have to separately sue Defendants for the claims that are the subject of this lawsuit. Required fields are marked *. Now Joe continues to work and pass on his expertise for siding and exterior remodeling. We continue to have more cracking and warping. Rain. Cheap paint doesnt last nearly as long as high quality paint does so youll end up having to re-paint everything again in just a couple of years. My home was built in 2014 in Iowa. Elementia/Allura has offered to refund the cost of the 47 planks out of 500 that have cracked. This is the only way to receive benefits under the Settlement. 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. WebFiber cement siding products are painted. 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. As you can see these two issues always seam to go hand in hand. How do we get added to this class action suit. WebFiber cement siding products are painted. Richmond Virginia. Now we must replace the siding. Just found 8 cracks mostly on one side of the home. Of course, low-maintenance doesnt mean maintenance-free. Hardie siding definitely requires care to keep it looking, and performing, its best. 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. 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. When the wind blows our house is loud. 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. James Hardie and Studorp were asked to pay costs of $2500 to the respondents. According to Georgia Pacific Representatives this siding did not have the defects found in Jarrett siding. Other fiber cement siding uses common grain and silica, the plaintiffs said. A proposed settlement has been reached in a class action lawsuit concerning a siding product known as Cladwood. status of any class action settlement claim. With either option however, you still need to eventually re-paint the siding. Ive submittted photos to James Hardie. However, it is also very harmful to the heart and lungs. Linda Karow. I have installed Allura fiber cement on our home in the last 2 years. The vast majority of complaints we get about fiber cement siding are due to improper installation. Touch up paint may be needed to cover small nicks, scrapes, scratches, nail holes, peeling, dents, cracks, etc. This method of manufacture reportedly costs less than using cement, but allegedly led to the defects found in the Allura fiber cement siding. Hail. Having same problems with Allura siding installed in 2018. Based on the facts of the case, the plaintiffs allege that James Hardie Building Products, Inc. has breached and violated Express Warranties, Implied Warranties of Merchantability and Fitness, Californias Consumers Legal Remedies Act, Business & Professions Code, Floridas Deceptive and Unfair Trade Practices Act, Virginias Consumer Protection Act, Ohios Consumer Sales Practices, Minnesotas False Statement in Advertising Act, and Minnesotas Statue of Unlawful Trade Practices. Hardie siding problems due to improper installation are so common because its installed a little different than vinyl and isnt as popular. Remarkably so. From Northern California, complete exterior of home upgraded with Allura fiber cement Same here in 2012 in Wisconsin, I have not had any luck, can you forward any information if you have had any? In 1994, a national class-action lawsuit was settled against some of the largest manufacturers of hardboard siding products. Fiber cement siding is a hard, brittle product. your claim status, claim form or questions about when payments are The lawsuit further alleges that James Hardie has not lived up to its warranty obligation to replace the damaged siding. 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 Karen Kenney v. Allura USA, LLC. Here at Gambrick we typically use a waterproof sealant like silicone caulk to join the siding to other parts of the home. Sooner may be necessary depending on climate and weather conditions. By far the worst problems with Hardie siding are all water related and these are mainly due to Hardie board installation problems. Add my name to the list of homeowners having problems with Alluras exterior siding. WebParagraph 1.1 (i) of the Settlement Agreement established a six (6) year Claims Submission Period that concluded on August 11, 2020. https://topclassactions.com/wp-admin/admin-ajax.php. Please add me to this action lawsuit. In March (2021) I discovered 15 cracks most of which were at the corners of windows. Learn more about the cookies we use. How do I find out if the fly ash boards were used in Delaware? According to Georgia Pacific Representatives this siding did not have the defects found in Jarrett siding. My house was built in 2016. I called Menards again March 31, 2021 and spoke with a general manager and they were unaware of the defective material. 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. Moisture can also cause mold or mildew in the sheathing. Does your home have Allura fiber cement siding? The Hi Anne, If you install Hardie siding the right away, its a fantastic siding product. Make sure theyre experienced with installing fiber cement. 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). LPs Inner-Seal siding featured a 25-year warranty. WebParagraph 1.1 (i) of the Settlement Agreement established a six (6) year Claims Submission Period that concluded on August 11, 2020. If you dont paint the siding every 7-10 years, on average, itll start to fade and/or peel, crack or chip. 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. 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. Fire resistance: James Hardie siding is not combustible; therefore, it wont add fuel to a fire. The Allura Fiber Cement Siding Class Action Lawsuit is In Re: Allura Fiber Cement Siding Products Liability Litigation, Case No. These differences help explain why certain materials are more popular in various regions of the country. Before commenting, please review our comment policy. Or, as many refer to it, the LP siding recall fiasco. Read more. Learn more about the cookies we use. Fly ash is a by-product of coal burning often produced by power plants. Theres no way to completely eliminate them when the material itself is the problem. This can create a small crack which leads from the nail to the edge of the siding board. Top Class Actions is a legal news source Their customer service is good and they have local reps available to come out and check the job whenever you need. When installing fiber cement you have to make sure each butt joint is installed correctly as this is a common problem area. Claims More than 37,000 claims were filed against LP, and the company ultimately paid out almost $1 billion to satisfy those claims. I have no clue on what to do. James Hardie and Studorp were asked to pay costs of $2500 to the respondents. My builder purchased it from Christensen Lumber here in Fremont, Nebraska. 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 Signs of deterioration may include: In the most severe cases, the siding reportedly breaks and falls off the property. WebParagraph 1.1 (i) of the Settlement Agreement established a six (6) year Claims Submission Period that concluded on August 11, 2020. However, the choice to use fly ash allegedly resulted in quality problems and defects in Allura fiber siding. However, in many cases, the siding rotted, disintegrated, and became discolored. As result, we cannot sell our otherwise very nice, well-kept 6-year old house until we replace all the Allura siding with HardiePlank. Defective material. And the answer is yes. This is one reason we recommend Hardie brand siding over other fiber cement manufacturers. Even worse, it has been reported that some siding can completely break and fall off the structure. Read more. Your email address will not be published. Word is out that the hardboard siding in our section of the development is all bad. 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. Use the proper size nails (6d or siding nails). But this is most commonly due to Hardie board installation problems and not the siding itself. 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. Heres a quick briefing in Hardie care youll need to do to ensure your siding looks its best. And paint isnt the only maintenance your fiber cement siding will need. How should I proceed with the claim filing? Certainteed Fiber Cement Siding (now owned by Allura) has reached a class action settlement. What does that mean? Our crews are true craftspeople. These rights and options and the deadlines to exercise them are explained in the Notice. Weather plays a huge role in how long paint will last along with how much sun you get some keep that in mind. Thanks ! The plaintiffs claim that James Hardie Building Products knew of the defects at the time of sale and intentionally concealed material information concerning the siding from the plaintiffs and the general public. The GM told us they do not handle the product anymore and we would have to file another product claim report. Un-caulked areas and edges without paint can let in moisture which leads to all sorts of problems. We would all like to be added. None of it stands a chance against James Hardie. Claims by customers allege that they were misled to believe that the fiber cement siding would stand up to all weather conditions and that it was better than all of its competitors in this regard, but that it has not stood up to these lofty claims. Yes. Whats more, were proud to be a Preferred James Hardie Remodeler. Carbonaro and Storm seek to represent a Class of individuals in North Carolina who own structures that have Allura fiber siding installed. You could also call Hardie or whatever siding manufacturer you used and ask them to send out a rep to inspect. Hail. It has been alleged that the siding fails prematurely, causing damage to underlying structures by allowing in moisture.