CLASS ACTION LAWSUITS
SELLING DEFECTIVE SHINGLES
Many roofing contractors are currently selling shingles without informing
consumers
of the recent (and current) CLASS ACTION LAWSUITS for premature roof failures.
Asphalt manufacturers and roofers are currently selling defective roofing
products.
Consumers should never expect sellers (manufacturers or roofers) to disclose
information on the premature failure of shingles they are currently selling.
Please see Definitions
Within the last 10 years there have been several Class Action
Lawsuits for the premature failure of asphalt shingles.
This is a fairly recent phenomenon because, until the 1970's,
traditional asphalt shingles would normally come with
warranties of 15 or 20 years - but would often last for 30 years.
Those "organic" asphalt shingles had a long history
of proven performance and traditional organic warranties guaranteed
the "service life" (the durability) of shingles.
The recent class action lawsuits are a result of three factors -
First, the production of cheaper (and less durable)
asphalt shingles and, secondly, use of the deceptive strategy of
"inflating" warranties to 30, 40 and 50 year periods.
The asphalt manufacturers practice of selling Inferior
asphalt shingles with Inflated warranty periods caused the
widespread premature failures which produced a magnitude of
dissatisfied consumers.
Finally, asphalt manufacturers poor customer service (making claim payments)
and inadequate warranty coverage
(paying a fraction of replacement costs) coupled with asphalt roofers
refusal to disclose the situation to consumers,
resulted in the pressing NEED for consumers to initiate class action lawsuits.
SELLING INFERIOR SHINGLES
The asphalt roofing industry made a very dramatic transformation
during the conversion to fiberglass shingles.
When asphalt manufacturers decided to lower the costs of
traditional shingles... they produced inferior products.
The result of lowering material costs was the production of shingles of
much lower quality - as was demonstrated by
the immediate onset of premature failures.
In past
years, warranties weren't much of a concern because the organic felt shingles
usually lasted
longer
than the 15 or 20 years for which they were guaranteed. Some organic
shingles on roofs today
have
seen 30 years and are still hanging on. Many roofs with fiberglass
shingles, however, aren't faring
as
well... failing within ten years... [1]
The
composition shingle industry has had difficulty with the performance of
conventional fiberglass
shingles almost since their introduction in the late 1970's... Lack of Asphalt
Content: Failed shingles
that we
tested contain approximately 30% asphalt by weight. New shingles contain
less than 25%.
This
asphalt is mixed with sand and fine matter and then has granules embedded in it.
[2]
Our
company applied a 15-year warranted organic shingle on one local residence...
Upon a
recent inspection, that 27-year old roof still looked great. Why are
today's shingles inferior?
In an
attempt to keep prices lower than the other guys, shingle manufacturers
sacrificed quality.
the
quality of asphalt has declined... Roofers and consumers are being deceived.
[3]
The decision of asphalt manufacturers to produce cheaper shingles,
both cheaper organic and the new "fiberglass",
marked the end of "traditional" organic asphalt and the beginning of the
(current) era of premature failures. These
lower quality shingles set
the stage for the recent (and current) class action lawsuits - which are a
direct result of the
limited durability of these cheaper shingles and the use of
"Inflated" warranties. See The History of Asphalt
Shingles
USING INFLATED WARRANTIES
The other factor which facilitated these class action lawsuits was
the practice of "Inflating" product warranties from
traditional 15 and 20 year periods to the modern 30 year, 40 year,
50 year and (wait for it)... "Lifetime" warranties.
At the same time that asphalt manufacturers started producing
cheaper - and less durable - shingles, they started to
increase product warranties in order to gain, or protect,
market share. The recent, and current, class action suits
are a direct result of manufacturer's use of "Inflated"
product warranties.
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. [4]
Buyer Beware: While asphalt shingles come with warranties ranging from 20 to
as long as 45 years,
roofers
and builders remain skeptical of those warranties. Since warranties are a
marketing device
they
are not a reliable predictor of lifespan. In the past decade, there have
been many complaints
of
asphalt shingle failure long before warranties expired. [5]
Manufacturers who use long-term warranties as marketing tools have found
themselves
compelled to meet or exceed warranties of competitive manufacturers. In
some cases, the
length
of the warranty may have been established without appropriate technical research
or
documentation of in-field performance. [6]
Asphalt manufacturers (and asphalt roofers) know very well that 30,
40 and 50 year warranties "sell" more shingles.
Yet they expect relatively few warranty claims - because most
people move every 5 to 7 years. So it's profitable to
misrepresent shingle quality and durability in order to sell
asphalt to more consumers, and to re-roof twice as often.
For information on deceptive warranties, see:
Warranties are Inflated and see:
Warranties do NOT cover Durability
INTENTIONALLY DECEIVING CONSUMERS
Do NOT expect anyone financially dependent on asphalt sales
(manufacturers or roofers) to provide full disclosure
of information which hinders their ability to "sell" shingles.
Do NOT expect asphalt manufacturers or asphalt roofers
to disclose information on the documented history of premature
failures since the production of cheaper shingles,
nor disclose the class action lawsuits that resulted from continued sales
of asphalt shingles Known to be defective.
Consumers should NOT be Shocked by the fact that asphalt
manufacturers, and asphalt roofers, are currently selling
roofing shingles with a history of premature failure - Currently
selling shingles they already know will be defective...
The truth is, asphalt manufacturers and asphalt roofers have been
selling defective shingles for a very long time.
Not only have asphalt manufacturers and asphalt roofers been
selling defective shingles for a very long time,
they have been selling A LOT of defective shingles for a very long
time. Consumers must not assume that sales
of defective shingles were limited to just a few years - or just a
few selective products. Sales of defective shingles
has been widespread and pervasive - Often it has been the norm, not
the exception. See: Selling Defective
Shingles
NO LIABILITY FOR MANUFACTURERS - OR ROOFERS
By the early-1990's, the widespread premature failures of these
cheaper (modern) shingles, organic and fiberglass,
were reported by consumers, contractors, contractor associations
and in trade publications. Asphalt manufacturers
and the Asphalt Roofing Manufacturers Association (ARMA)
acknowledged the premature failures of modern shingles
and responded by forming a task force to "study the
problem."
What was NOT Done:
1. Asphalt manufacturers DID NOT issue an official recall of the
shingles known to be defective.
2. Asphalt manufacturers DID NOT issue formal warnings to consumers about the
defective shingles.
3. Asphalt manufactures (and asphalt roofers) DID NOT discontinue the sales of these
defective shingles.
What Was Done:
1. Roofers started using a "Standard Disclaimer" to eliminate
financial liability. See: Roofers
Eliminate Liability
2. Manufacturers discontinued warranty coverage on "Service Life"
(durability). See: Warranties are
Marketing Tools
3. Manufacturers just waited for Class Action Lawsuits to
compel financial liability.
After almost a decade (in
1999) GAF Corporation settled a class action lawsuit for shingles
(mfg. 1973-1997).
After almost two decades (in
2010) CertainTeed Corporation is negotiating settlement for shingles
(mfg. 1987-2005)
While asphalt manufacturers continued to produce defective
shingles, and asphalt roofers continued to sell defective
shingles, unsuspecting consumers had little recourse outside of the
normal warranty claims process - which typically
pays only a small (8% to 15%) percentage of the homeowner's actual
replacement costs - because, from a practical
standpoint, it's not cost effective for individuals to finance a
lawsuit against these huge multi-national corporations.
Most homeowners will not risk $100,000 in legal expense for
replacement of a $10,000 roofing project.
CLASS ACTION LAWSUITS
However, recently there have been several CLASS ACTION LAWSUITS
resulting from the continued production
and sales of defective shingles over the last 30 years.
Of course the appropriate question is: What took so long?
Apparently it now requires a Class Action Lawsuit before
asphalt manufacturers will accept ANY
accountability for
what appears to be deliberate fraud - the intentional sale of
defective shingles.
GAF Corporation
In 1999 GAF Corporation settled a class action lawsuit for asphalt
shingles manufactured between 1973 and 1997.
Persons who, in early 1999, owned GAF shingles, and who suffered
premature failure of those shingles, have until
the expiration of the shingle warranty period to file a claim under
the settlement agreement.
The organic shingles covered by the settlement include, but are not
limited to, Timberline, Nor'easter, Sovereign,
Standard Self-Sealing, Fire Guard, Suburban and Dubl-Coverage Tite-On.
The fiberglass shingles covered by the settlement include, but are
not limited to, Timberline, Timberline Ultra,
Nor'easter, Royal Sovereign, Dubl-Coverage Tite-On, Sentinel,
Slateline, Wood Line, Marquis and Grand Sequoia.
Bird Incorporated
In 2001 Bird Incorporated settled a class action lawsuit for
asphalt 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.
CertainTeed Corporation
As of January 2010, CertainTeed Corporation had over 25 class
action lawsuits for defective shingles manufactured
between
1987 and 2008. The shingles named in these lawsuits include, but are not
limited to: The Centennial Slate,
Grand Manor Shangle, Carriage House Shangle, Presidential TL Ultimate,
Presidential
Shake, Hallmark Shangle,
Landmark Series, Landmark TL Ultimate,
Landmark Premium, Landmark Special, Independence Shangle,
Patriot,
Woodscape Series, Hatteras,
Classic Horizon, New Horizon, XT-30 and XT-25.*
* The
XT-25 is the cheap bottom-of-the-line (3-Tab) shingle which is
essentially the same material
CertainTeed currently uses to produce its popular top-of-the-line
Presidential and Presidential TL. [7]
For more information on the Presidential line of shingles, see:
The Truth about Presidential Shingles
The class action complaints filed against CertainTeed noted (a) the
intentional production of defective shingles and
(b) the intentional withholding of information (to consumers) about
the continued sales of defective shingles. These
class action complaints simply articulated the complaints of many
(non-asphalt roofers) in the industry - CertainTeed,
and other manufacturers, are intentionally selling defective
shingles and are intentionally deceiving consumers with
inflated warranties.
Defendants have knowingly and intentionally concealed, and have failed
to disclose, that
notwithstanding statements on CertainTeed's website, brochures, advertisements
and warranties,
the shingles routinely deteriorate by crumbling, curling, pitting, cracking and
leaking far in advance
of the expiration of warranty periods. Indeed, Defendants' shingles
have deteriorated and will continue
to deteriorate at a rate which clearly demonstrates their lack of
durability and resiliency. [8]
CertainTeed's shingles were defectively designed and manufactured such that they
prematurely
and unreasonably deteriorate by blistering, crumbling, curling, cracking,
pitting, balding and leaking.
CertainTeed has knowingly and intentionally concealed the fact that its
products were are are defective
by representing, advertising and warranting that their shingles would be durable
and free from manufacturing
defects for a specified length of time for each brand, ranging from 20 years to
lifetime. CertainTeed failed
to disclose its shingles are defective and would prematurely and
unreasonably deteriorate far before
the specified length of time. [9]
Defendant has knowingly and intentionally concealed, and has failed to
disclose, notwithstanding statements
on CertainTeed's website, brochures, advertisements and warranties, that the
shingles routinely deteriorate
by crumbling, curling, pitting, cracking and leaking far in advance of the
expiration of warranty periods.
Indeed, Defendant's shingles have deteriorated and will continue to
deteriorate at a rate which
clearly demonstrates their lack of durability and resiliency. [10]
We are aware that the class action lawsuits have now been consolidated
for pretrial purposes by the United States
Judicial Panel for Multidistrict Litigation and that a consolidated
settlement (allegedly for 600 million dollars) is now
apparently pending court approval. CertainTeed now argues
that, while Presidential shingles, Presidential TL,
Landmark series, Landmark TL and other fiberglass shingles were
originally part of some of these lawsuits, the
suits are now focused solely on the sale of defective organic shingles. [11]
It is our considered opinion that: CertainTeed has made the
strategic decision to settle the class action claims for
organic shingles in an attempt to shift focus off the premature
failure of its fiberglass shingles. There is no doubt
that CertainTeed has been experiencing widespread premature
failures on its fiberglass shingles however, since
CertainTeed no longer sells organic shingles, the negative effects
of a class action settlement on (only) organic
shingles is limited... This way CertainTeed can continue to
sell fiberglass shingles - even those with a documented
history of premature failure - and claim the problem of premature
failures was limited to only the organic products.
We can see evidence of this strategy to deny fiberglass failures in
the fact that, before the settlement agreement
is even approved, already CertainTeed is promoting the position
that the class action failures did not include ANY
defective fiberglass products. Frankly, it's a wise marketing
decision to admit the sale of defective organic shingles
if it will help CertainTeed continue to sell defective fiberglass
products.
It is also our opinion that the class action lawyers are taking the
easy way out in accepting any settlement that does
not include fiberglass shingles - that the lawyers are throwing the
fiberglass consumers under the bus to secure the
easy settlement (translated easy payday). There is no question
consumers of CertainTeed fiberglass shingles have
also suffered premature failures and would also benefit from inclusion in any
Class Action settlement. [12]
CertainTeed Fiberglass Failure after 5 Years:
I too, like Bob had CT fiberglass shingles put on my house in 2003 when it was
built. They are their
New Horizon model. Most of the granules have come off the roof as well and
it is very visible from the road
and looks horrible. CT also gave me the statement that this is normal
aging. I caught the shingles in time
and filed a warranty claim within the first five years so mine should be covered
by their sure start warranty.
But as normal CT is denying my claim. If anyone knows of a law firm that
is filing a class action suit against
CT for their fiberglass shingles please post the name of the law office and
their contact information.
Those of us with fiberglass shingles would be very grateful.
CertainTeed Fiberglass Failure after 7 Years:
We are interested in David Rome's small claims court suit in Adams County.
We also are in Adams County
and have a seven year old Wausau home built by Woodcraft Builders out of
Necedah. Our CertainTeed
New Horizon Shangles are cracking already. The large class action lawsuit
filed or being filed from an
attorney in Minnesota is for the Horizon Organic shingles only, not the
fiberglass ones that we have.
CertainTeed Fiberglass Failure after 9 Years:
I too have the same problem with my fiberglass Hearthstead shingles. They
were put on in 2000...
How do you get on the lawsuit, I live in South Dakota, and does it work to take
them to small claims?
CertainTeed Fiberglass Failure after 10 Years:
I had CertainTeed Landmark shingles put on my house in June 1999 and on the back
side all the granules
have come off. CT will not pay anything saying this is normal aging.
It looks hedious. Because these are
fiberglass, they cannot be included in the class action filed by halunelaw.com.
Does anyone out there
know of a good attorney that will file a lawsuit in Minnesota?
CertainTeed Fiberglass Failure after 12 Years:
I too have CertainTeed shingles installed in 1997, curling and loosing granular
material from shingles.
I contacted Law Firm that was posted on here, they emailed back and said their
lawsuit only covered
organic shingles made by CertainTeed not CertainTeed fiberglass shingles.
They recommended
sending a bad shingle from my house to CertainTeed for reimbursement. Like
that will help.
My insurance carrier is also threatening to drop homeowners policy unless they
are replace.
CertainTeed Fiberglass Failure after 14 Years:
I built my home in 1998. It was suggested by my contractor to spend $500
extra and upgrade
my shingles to a higher grade of CertainTeed. This upgrade would provide
30 years of serviceable
roof. It is now going on 14 years and the shingles have been curling and
in a constant state of failure.
I have emailed the company complaining of the quality of the product. No
response from the company
has come to me as of yet. I am considering contacting the Minnesota
Attorney General about this.
CONSUMERS SHOULD NOT BE SHOCKED
Consumers should Not be
Shocked by the
idea that asphalt manufacturers (and asphalt
roofers) are currently
selling roofing shingles with a history of premature failures -
Selling
shingles they already know will be
defective.
The truth is, asphalt manufacturers and asphalt roofers have been
selling defective shingles for a very long
time.
Not
only have asphalt manufacturers and asphalt
roofers been selling defective shingles for a
very long time,
they have been selling A LOT of defective shingles for a
very long time... Consumers must not
assume that sales
of defective shingles were limited to just a few years - or just a
few selective products. Sales of defective
shingles
has been widespread and pervasive - Often it has been the
norm, not the exception, see:
Selling
Defective Shingles
In
some cases, the number of defective shingles
being sold represented the vast majority of the
entire product line
and, in some cases, sale of defective shingles continued for
several decades. Consider the entire
CertainTeed
product line for 1991 and notice the "Settlement Years" which are
expected to be included in class action payments.
Shingle
Name
Warranty
Settlement Years
Hallmark
30
1987-2003
Independence
30
1987-1996
Horizon
25
1987-1996
Master Slab
25
1987-1995
Hearthstead
25
1987-2005
Custom Sealdon
25
1987-2005
Sealdon
20
1991-2004
Solid Slab
20
1987-2005
Saf-T-Lok
20
1987-1999
XT25
25
N/A
CT20
20
N/A
FungusBuster
20
N/A
It's
important to note that MOST of these class action
shingles were sold BEFORE the proposed
settlement period.
For example the Hallmark, Sealdon and Saf-T-Lok were all sold at
least 16 years before the settlement
period. [13]
The Independence and Custom Sealdon were sold at least 13
years before the proposed settlement period.
[14]
And the Master Slab was sold at least 12 years before the
settlement period. [15]
It's clear the
"settlement period" is just the period CertainTeed has agreed to make payments - Not
the actual years
it was producing and selling all of these defective shingles.
Moreover, the fact that three (3) shingles are
not part of the Class Action Settlement does NOT
mean these shingles
did not fail prematurely - in fact, these shingle (also) have a
documented history of premature failure.
For example,
CertainTeed has been paying claims
for the premature failure of XT-25 shingles
for over 15 years now. However,
CertainTeed continues to sell the XT-25 shingle to
unsuspecting consumers.
The
fact that CertainTeed was paying warranty claims
on the XT-25 several years BEFORE it started
producing the
Presidential (and Presidential TL) shingles - from the same
defective material
- demonstrates
the EXTENT which
defective shingles are sold by asphalt manufacturers and asphalt
roofers, see:
The Truth about Presidential Shingles
THE FUTURE OF DEFECTIVE ASPHALT SHINGLES
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 - lawyers representing consumers and
lawyers representing
manufacturers.
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. [16]
While we expect to see asphalt class action lawsuits continue - even escalate
- unfortunately, we also believe that,
ultimately,
the big losers will be consumers of asphalt shingles and, in the end, only
trial lawyers will profit because:
(A) The typical
settlements only pay a small fraction (approximately 5% to 15%) of the actual costs
to replace
the defective
roofing. Consumers will see unreimbursed costs of thousands - or tens of
thousands of dollars.
(B) Manufacturers
will simply pass-on the cost of legal settlements to consumers in increased product
pricing.
Consumers will be forced
to pay more for asphalt shingles - to off-set costs of class action lawsuits -
and then
it's still very 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 replacement expenses.
As the general public
becomes more aware of the ongoing class action lawsuits for defective shingles,
buyers
will
negotiate discounts (or roof replacements) from anyone 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 already exclude coverage for damages to the home. Homeowners may find
neither
the shingle
manufacturer or the property insurance will cover damage caused by roofing known
to be defective.
A MATTER OF PERSPECTIVE
On the issue of failed / failing roofing, it's
important to understand that "expert" opinions
will reflect the fundamental
perspective of those expressing the opinion. And often the
difference between the perspective of (roof)
Sellers
and the perspective of (roof) Buyers can be quite extreme.
The perspective of sellers and buyers differs
because
their financial interests are diametrically opposed.
All roofers claim to have the
best product
and all roofers claim to provide the best installation.
Obviously, that cannot be true.
There is always an adversarial relationship
between buyers and sellers
roofing buyers should never expect full
disclosure or unbiased information
from asphalt manufacturers, asphalt
distributors/suppliers or asphalt roofers.
Sellers (like CertainTeed) may consider roofing
"failed" when shingles pass their functional
lifespan and threaten
damage from leaking. Buyers (homeowners) may consider
"failure" to occur whenever the shingles are past
their
Re-Sale Window and require either replacement or payment of a
"Roofing Allowance" in order to sell their home.*
Sellers (like CertainTeed) may consider a
certain percentage of premature failures to be
acceptable because the
cost of paying claims is already built into the shingle price - and
very few failures get submitted as warranty
claims.
However, most buyers (homeowners) will consider ANY
premature failure to be unacceptable -
especially when the
warranty payment is just a small percentage of actual replacement
costs... and failure was expected by the Seller.
* Based on product design and proven
performance, there are only two (2)
conventional
fiberglass shingles that we find ANY evidence of
typical durability beyond 20 years. These
shingles are NOT popular products (in the
Seattle area) as most roofers don't tell
consumers
about the history of premature failures - and
the very limited durability of fiberglass
shingles.
Do you want to get the BEST VALUE on your
roofing project?
You will need Full Disclosure and Unbiased
Information.
Contact us for Specific Advice on your Project.
Free Consultation Anywhere in U.S.
Seattle Roof Brokers
______________________________________________________________________________________________
[1] Ted Cushman, 'Choosing an Asphalt Shingle: Organic vs Fiberglass'
Journal of Light
Construction Magazine, (May 1993).
[2] Richard Tippett, 'Fiberglass Shingles: More Than
You Ever Wanted to Know About Fiberglass Shingle Failures'
Western Roofing
Magazine, (May/June 1991).
[3] Ray Bolt, 'Shingle Problems: 20 year Asphalt
Shingles are Posing Problem in the West'
Western Roofing
Magazine, (Jan/Feb 1991).
[4] Ted Cushman, 'Have Asphalt Shingles Improved?'
Journal of Light
Construction Magazine, (July 2001)
[5] Bob Vila, 'Asphalt Shingles'
BobVila.com
[6] National Roofing Contractors Association, 'Roofing
Warranties'
NRCA.net
[7] Declaration of Husnu Kalkanoglu,
CertainTeed VP of Research and Development,
April 26, 2010.
[8] Dean Conrad v. CertainTeed Corporation
[9] Scott Swinehart v. CertainTeed Corporation
[10] Roger Dunker and Sacred Heart Catholic Church v.
CertainTeed Corporation
[11] Information as of August, 2010.
[12] Thousands Join Shingle Lawsuit, topix.net/forum.
[13] CertainTeed Warranty, 1971
[14] CertainTeed Warranty, 1974
[15] CertainTeed Warranty, 1975
[16] IKO Class Action Lawsuit Filed
______________________________________________________________________________________________
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The information above is presented for
educational purposes only. The commentary and all
contents reflect
the professional opinion and experience of
the author alone and are subject to error or change
without notice.
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