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. These differences help explain why certain materials are more popular in various regions of the country. Please add us to the class action lawsuit. The higher R-value a material has, the better it is at insulating. You can rest easy with Joseph Ketner Construction. She was unable to assert her rights under warranties for the siding due to the conduct and representations of James Hardies representatives. 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). that reports on class action lawsuits, class action settlements, Linda. If you see some Hardie board cracking call the company and theyll send out a rep to inspect the installation. status of any class action settlement claim. The claims were initially disregarded due to the expiration of the builders warranty, but the builder allegedly notified the manufacturer of the problem. The nailing is also bad and Im sure even though we cant see it in this pic, the flashing behind is missing. There are all sorts of issues due to moisture problems with Hardie siding. 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. Please add me to the list. 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. My house has all the same issues listed in the other comments. Boards are shrinking and allowing water to seep underneath, Your email address will not be published. Fiber cement exterior siding is a building material used to cover the exterior of building. Karen Kenney v. Allura USA, LLC. If you painted it yourself consult the paint manufacturers guidelines for a second coat. WebParagraph 1.1 (i) of the Settlement Agreement established a six (6) year Claims Submission Period that concluded on August 11, 2020. On the other hand, if you choose primed fiber cement, you can paint it any color you want during installation, but with this option theres no warranty covering the paint job. Fluctuations in humidity. What does that mean? Fire. 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. A proposed settlement has been reached in a class action lawsuit concerning a siding product known as Cladwood. Curious about wood siding and trim? If you dont paint the siding every 7-10 years, on average, itll start to fade and/or peel, crack or chip. The whole side of my house has cracked siding and its only 7 years old. We submitted pictures to Allura and asked for a representative to look at our issues. The Allura Fiber Cement Siding Class Action Lawsuit is In Re: Allura Fiber Cement Siding Products Liability Litigation, Case No. 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. However, she noticed in 2018 that her siding was cracking and breaking and that her neighbors had similar experiences. Although Hardie siding is a great product backed by a fantastic warranty, issues can still happen during manufacturing. The Hardiplank Class Action Lawsuit. 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. Hi Dawn, ClassAction.org is a group of online professionals (designers, developers and writers) with years of experience in the legal industry. Im hoping to eventually get some compensation but Im not counting on it. The Atkins Diet is one of the most popular diet programs in the world today. Same here in 2012 in Wisconsin, I have not had any luck, can you forward any information if you have had any? Unlike other fiber cement siding which utilize common grain and silica, Allura siding reportedly uses fly ash in the manufacturing process. I am the second owner of a home that had cracked siding. The Atkins Diet also encourages parents to take drastic measures such as removing all vitamins and supplements from their childrens diets. working with ClassAction.org are no longer investigating this matter. With either option however, you still need to eventually re-paint the siding. However, in many cases, the siding rotted, disintegrated, and became discolored. I started warranty claims on the paint and the defective siding as well as had the builder also try the pinning methods provided by allura which further damaged the siding. Its generally better to replace warped fiber cement Hardie siding than it is to try and repair it. For information on deleting the cookies, please consult your browsers help function. It can be caused by one or more of the issues listed below. The Atkins Diet is extremely effective at helping you lose weight. 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. We bought our house early fall of 2012. Basically these are all defects caused by improper installation of the Hardie siding. 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. Started seeing a couple cracks last year. Make sure you hire a professional that has experience working with fiber cement. 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. Please add us to the list of devastated home owners that would like compensated for the defective product. The lawyers of the Hardie Board Class Action Lawsuit hope to get compensation for the emotional distress suffered by the plaintiffs as well as monetary damages for the physical harm caused by the diet. The lawsuit further alleges that James Hardie has not lived up to its warranty obligation to replace the damaged siding. How do we get added to this class action suit. There are more than 75 boards cracked all over the house. My name is Dawn. So besides the cracked siding our siding gaps and is not snug because of the broken corner too. Its crucial you take both the pros and cons of Hardie siding into consideration before making such a major decision. There are a bunch of other smaller issues you can run into but those are by far the biggest and most common. While not one of the worst problems with Hardie siding. Thank you, Yes. Its what the siding is made of thats the problem. Essential: Remember your cookie permission setting, Essential: Gather information you input into a contact forms, newsletter and other forms across all pages, Essential: Keep track of what you input in a shopping cart, Essential: Authenticate that you are logged into your user account, Essential: Remember language version you selected, Functionality: Remember social media settings, Functionality: Remember selected region and country, Analytics: Keep track of your visited pages and interaction taken, Analytics: Keep track about your location and region based on your IP number, Analytics: Keep track of the time spent on each page, Analytics: Increase the data quality of the statistics functions, Advertising: Tailor information and advertising to your interests based on e.g. There are certain presumptions related to the date of installation that apply, which are described in more detail in the, The notice provides only a summary of the terms of the. I have no clue on what to do. This high quality material doesnt need much to keep it looking great throughout the years. The Court has not made any determination regarding the quality of the Siding. This means they periodically require re-painting to maintain a beautiful appearance. This warranty allegedly does not even cover parts of the siding and are severely limited in their offers to remedy customers warranty claims. 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. We have Allura Siding as well which was installed in 2015. (Warranties can be for 15 years, 20 years, and up to a 30-year warranty!). My builder is Beazer homes. Cracks, warping mostly in the west and south of the house but pretty much everywhere. 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 We also have MaxiTile cement siding at our house in Nebraska that was built in 2016. 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. We were told the house was going to have Hardie Plank siding. Allura warranty is offering me just over $2000 to sign and never bother them again. Neighborhood Association requires cement board siding. Hail. We can answer your questions about any and all siding installations and warranty claims. It all comes down to installing the material the right way. 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. Finally, the Ketner crew is highly trained. 3515 NE 43rd Ave 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. The date and place of the sidings manufacture are on the back of each board. Attorneys 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. Karen Kenney v. Allura USA, LLC. WebThis class action lawsuit claims that James Hardie Building Products produces and sells exterior fiber cement siding that fails prematurely. Make sure you hire a siding company that works with Hardie on a regular basis. WebThis lawsuit claims that James Hardie fiber cement siding contains at least one defect and does not defend against elements, such as rain and snow. Unlike other fiber cement siding which utilize common grain and silica, Allura siding reportedly uses fly ash in the manufacturing process. administrator or law firm. And to prove it, most of our products come with a 50-year transferable warranty. Does Hardie board absorb water is a questions were commonly asked and the answer is yes. Cannot use other siding options. https://topclassactions.com/wp-admin/admin-ajax.php. Each end has to be painted before installation which was not done here. WebClass action suit against hardie board siding. Consumers may be able to make a claim in this settlement if they own a home that has Allura fiber cement siding that was manufactured in Plycems White City, Oregon, plant between Feb. 1, 2014, and May 7, 2014, or manufactured at the companys Roaring River, North Carolina, plant between Feb 1, 2014, and Feb. 18, 2015. Hi, Thanks, Fluctuations in humidity. The product reportedly costs less than cement, which prompted the manufacturers to choose the material. 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. Additional causes for warped siding include structural issues such as missing studs, improper nail placement or using the wrong nails during installation. At Gambrick, we do siding installation projects as well as build custom new homes and additions. 2:19-mn-2886-DCN, in the U.S. District Court for the District of South Carolina. A $12.5 million settlement has been reached over a class action lawsuits claims that Plycem USAs Allura fiber cement siding is defective. Please add us to the Class Action Suit as well. The siding also warped, delaminated, and became severely discolored in places. Eligible Class Members can choose from three options: The deadline to exclude yourself from or object to the settlement is March 18, 2021. It has been alleged that the company sold defectively designed and manufactured exterior fiber cement siding that can fail 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. This field is for validation purposes and should be left unchanged. Im getting close to telling them Im going to start a class here in Canada since I cant be apart of the settlement in the states and they arent following up on any warranty. 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.