Class Action Lawsuits
Defective Roofing Products
 

Many roofing contractors are currently selling products without informing buyers
of the recent (and current) CLASS ACTION LAWSUITS for premature roof failures.

There can be very significant consequences to installing defective roofing products
Including premature failures, denied insurance claims and problems when homes are sold.

Manufacturers and Roofing Contractors are Currently Selling Products that are Known to be Defective.

This website contains a lot of valuable information on roofing
Much of the information is common knowledge within the roofing industry - But is normally not disclosed to buyers.
Within this website you can find important facts about roofing products, warranties and class action lawsuits.

However, the website cannot contain enough information to make you a roofing expert
And acting without all relevant, up-to-date, information can be dangerous.
Protect yourself - Be sure to contact Seattle Roof Brokers
Before buying ANY roofing product
Better Safe Than Sorry

In the Seattle area, many local contractors are still selling roofing products that recently were (or currently are) involved
in class action lawsuits - without disclosing this information to consumers.  Protect yourself against premature failures,
denied insurance claims for damage caused by defective roofing and additional expenses when the home is sold...
Contact Seattle Roof Brokers to learn what roofers and manufacturers DON'T WANT you to know.

To date, class action lawsuits within the roofing industry have been for premature failure of either asphalt shingles
or synthetic composites - which are typically called "rubber" roofing.  We will first address the class action lawsuits
against asphalt shingles and then the rubber roofing class action suits.  If you are primarily interested in information
on defective rubber roofing, please scroll down through the page.

Asphalt Shingle Class Action Lawsuits

To fully appreciate the recent (and future) series of asphalt shingle class action lawsuits, it's important to understand
why these lawsuits have been a fairly recent phenomenon.  Asphalt shingles have been used as a roofing product for
over 100 years without significant problems with premature failures.  However, the design of asphalt shingles changed,
in the late 1970's and early 1980's, and immediately premature failures were reported across the country.  While many
"old timers" remember the proven performance of traditional shingles when they think of asphalt, that product design
is no longer available.  Make no mistake, the products on the market today are NOT like your fathers' asphalt shingles.

          In past years, warranties weren't much of a concern because organic felt shingles
          usually lasted longer than the 15 years or 20 years for which they were guaranteed.
          Some organic shingles on roofs today have seen 30 years and are still hanging on.   (1)

With the 1974 oil embargo, and economic recessions during the 1980's, asphalt manufacturers focused primarily on
lowering production costs.  The result of manufacturers' efforts to lower material costs was the production of shingles
(both organic and fiberglass) of a much lower quality.  Asphalt shingle class action lawsuits are a direct result of the
manufacturers' decision to change the design of a proven product - in order to produce cheaper shingles.

          The pressures placed on large, public companies to maintain profitability
          brought forward good old American ingenuity, reduce fiberglass mats (fibers were expensive)
          and increase filler content (asphalt was also expensive)... Filler was not used to stabilize asphalt
          so much as it appeared it was used to attempt to control profitability and/or market share.   (2)

The immediate result of producing cheaper asphalt shingles was a decreased lifespan for the products.  A few years
after the design change, complaints of premature asphalt shingle failures were being reported from across the country.
Roofing contractors began reporting, to their trade associations, asphalt shingle failures within 10 years of installation.

          Fiberglass shingles are much thinner, and are not saturated with asphalt...
          several roofing contractor associations have heard complaints from their members
          that fiberglass shingles are failing within ten years...   (3)

          Recently, our company had a roof fail in less than eight years.
          When removing shingles in leaky areas, it became apparent that the water
          was going right through the shingles, and had been for some time.   (4)

          In Central California we have seen shingles split on roofs in less than five years...
          These shingles also seem to have a very high filler content of 70% and limited shingle strength.   (5)

Roofing contractor associations notified asphalt manufacturers about the widespread reports of defective shingles and
they advised their member contractors to begin using a standardized "Disclaimer Form" in order to avoid liability for
selling and installing shingles they knew (or suspected) were defective.  For more information: The History of Asphalt

While asphalt roofing contractors initially were concerned about the premature failure of the new design of shingles,
within a short period of time - after they avoided liability with a "disclaimer" for materials - they began to appreciate
the advantages of selling cheaper products (with inflated warranties).

          WSRCA has distributed a standard disclaimer to their members
          to be given to customers along with a copy of the manufacturer's warranty.
          The disclaimer states that the contractor guarantees his workmanship, not the shingles.
          The shingles are covered only by the manufacturer's warranty.   (6)

It's interesting to note that, after notification of widespread failure of defective shingles, asphalt manufacturers did NOT
conduct a product recall of the shingles known to be defective, nor did they initiate a campaign to inform buyers of the
risk of installing products that were known to fail prematurely.  Instead, asphalt manufacturers modified their warranties
to eliminate coverage for the "service life" of shingles and (while this is hard to believe) they Increased Warranties
from the traditional 15 years and 20 years - to the much more marketable 30 year, 40 year and 50 year periods.

          Technical people throughout the industry, however, generally agree that warranties
          are little more than a marketing device, and can't be considered an accurate predictor
          of shingle life.   (7)

Some roofing experts, including Seattle Roof Brokers, believe that inherent in the asphalt manufacturers' decision to
produce cheaper shingles was the idea that it would result in a Planned Obsolescence which would benefit both the
producer and installer (roofer) - at the expense of consumers.  For more information see:  Asphalt Shingle Warranties

          Most homeowners are lulled into thinking that if a 30-year roof shingle is installed on their home
          (as stated by the roof manufacturer), then that roof will last the suggested life expectancy.
          Not so!  Most roofs fail in 10 to 15 years.  Very few roofs last past 15 years.   (8)

          We have found that most asphalt shingle re-roofing in the Seattle area
          is replacement of fiberglass shingles that are only 10 years to 15 years old.
          Very few fiberglass shingles last past 15 years.  And those reaching that age
          tend to look pretty nasty and (aesthetically) appear to be past due for replacement.   (9)

Recently several CLASS ACTION LAWSUITS against some of the largest manufacturers of asphalt shingles have
resulted in settlements for buyers of "defective" shingles.  These CLASS ACTION LAWSUITS continue today, alleging
asphalt manufacturers are "knowingly and intentionally concealing the fact that products were and are defective" and
they have "failed and continue to fail to correct these defects".  All of this supports the idea of planned obsolescence.

Asphalt manufacturers (and roofers) know that 30 year, 40 year and 50 year warranties sell shingles.  Yet they expect
very few claims for premature failures - because most people move every 5 to 7 years.  Therefore, it's very profitable
to misrepresent shingle quality and durability in order to re-roof twice as often.  Do not expect roofers to disclose any
information which hinders their ability to "sell" asphalt.  For full disclosure of information Contact Seattle Roof Brokers.

Unfortunately, until recently, manufacturers have had very little liability to individual homeowners for defective products
because potential legal fees for buyers to compel manufacturers to replace shingles far exceeds the cost of re-roofing.
Until recently manufacturers have avoided liability because it's simply too costly for homeowners to conduct a lawsuit
against huge corporations with enormous resources... it's just cheaper to re-roof. 

          However, recently there has been some (limited) accountability for selling defective asphalt shingles:

          (1)  In 1999 GAF Corporation settled a class action lawsuit for shingles manufactured between 1987 and 1997. 
          The shingles involved in this case include, but are not limited to:  Timberline, Timberline Ultra, Slateline, Sentinel,
          Nor'easter, Royal Sovereign, Dubl-Coverage, Tite-On, Wood Line, Marquis and Grand Sequoia.

          (2)  Bird Incorporated settled a class action suit in 2001 for shingles manufactured between 1985 and 1993.
          The shingles involved in this case include, but are not limited to:  Architect 80, Architect Limited Edition, Fireline,
          Jet 80, Mark 80, PRC Seal King, Wind Seal 80, Woodline and Woodscape.

          (3)  PABCO settled a class action lawsuit in 2006 for the HO-25 and HZ-25 shingles.

          (4)  As of July 2008, CertainTeed Corporation had over 20 class action lawsuits for shingles manufactured
          between 1987 and 2008.  The shingles named in these lawsuits include, but are not limited to:  Centennial Slate,
          Grand Manor Shangle, Carriage House Shangle, Presidential TL Ultimate, Presidential Shake, Landmark Series,
          Landmark TL Ultimate, Landmark Premium, Landmark Special, Independence Shangle, Woodscape Series,
          Hatteras, Hallmark Shangle, Classic Horizon, New Horizon, Patriot, XT-30, XT-25, Jet-25 and CT-20.

In our opinion, the trend toward class action lawsuits is just starting and will have significant impact on manufacturers
and consumers for years to come.  With no shortage of premature shingle failures, we believe class action lawsuits will
be a "goldmine" for lawyers representing homeowners and a "black hole" for manufacturers using inflated warranties.

In fact, BEFORE the CertainTeed class action lawsuit is settled, the same lawyers bringing that lawsuit have already
filed class action lawsuits against another asphalt manufacturer - IKO Manufacturing - in Michigan, New Jersey,
New York and Washington State... it's open season on asphalt manufacturers - and it's about time.

While we expect to see asphalt class action lawsuits to continue - even escalate - unfortunately, we also believe that,
ultimately, the big losers will be the consumers of asphalt shingles and, in the end, only trial lawyers will profit because:

          (A)  The typical settlements only pay a small fraction (approximately 10% to 30%) of the actual costs
          to replace the defective roofing.  Many homeowners will see unreimbursed costs of thousands -
          even tens of thousands of dollars - to replace defective roofing.

          (B)  Manufacturers will simply pass-on the cost of settlements to consumers in increased product pricing.
          Consumers will be forced to pay more for asphalt shingles to off-set legal expenses and settlement costs
          resulting from the continued production of shingles which are known to be defective.  And it is possible,
          even probable, the future (more expensive) asphalt shingles will still fail prematurely.

          (C)  People selling homes (with asphalt shingles) will soon see increased liability and expenses.
          As the general public becomes more aware of the ongoing class action lawsuits for defective shingles,
          home buyers will be negotiating huge discounts (or roof replacements) from those selling homes with
          shingles known to be defective.  Would you pay full price to buy a home with defective roofing?

          (D)  Insurance companies may not cover damages to the home that are related to "defective roofing".
          Most, if not all, roofing warranties exclude coverage for damage to the home.  Homeowners may find
          neither the shingle manufacturer or property insurance will cover damage caused by defective roofing.

It should be noted that, in the Seattle area, many local roofers are STILL SELLING products that were (or currently are)
involved in class action lawsuits without disclosing this information to consumers.   Contact Seattle Roof Brokers

Synthetic Composite (Rubber) Roofing Class Action Lawsuits

 

Information to be posted soon
         

 

 

 

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