SELLING DEFECTIVE ASPHALT SHINGLES
The Truth about Defective Shingles

Please see Definitions

   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.

   For example, CertainTeed is currently negotiating settlement on the largest (600 million) Class Action Lawsuit
   in the history of asphalt roofing - which resulted from the premature failure of shingles sold over the last 30 years.
   This was NOT the sale of a few isolated problem shingles and this was NOT some short-term problem CertainTeed
   resolved when premature failures were initially reported.  [1]

   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. [2]
   The Independence and Custom Sealdon were sold at least 13 years before the proposed settlement period. [3]
   And the Master Slab was sold at least 12 years before the settlement period. So it's clear the "settlement period"
   is just the period CertainTeed has agreed to make payments - Not the actual years they were producing and selling
   all of these defective shingles. [4]

CONTINUED SALES OF DEFECTIVE SHINGLES

   Of 12 different shingles sold by CertainTeed in 1991, Only 3 shingles are NOT part of the current Class Action.
   Since MOST of the shingles had been sold by CertainTeed from the mid-1970's, since many of the shingles failed
   in less than 10 years, and since warranty claims were being filed on those premature failures, it's very hard (for us)
   to imagine how CertainTeed can claim they were unaware of the continued sales of all these defective shingles. [5]

                           Failed in 15 years - CertainTeed: Chances better with Lawsuit than Warranty
                           Failed in 13 years - CertainTeed: Stuck Between the Shingles and a Hard Place
                           Failed in 12 years - CertainTeed: Lawsuits Filed Against CertainTeed Corporation
                           Failed in 11 years - CertainTeed: Should be Held Accountable
                           Failed in 10 years - CertainTeed: Have You Checked Your Roof Lately?
                         Failed in 10 years - CertainTeed: Needs Customer Service 101
                           Failed in 10 years - CertainTeed: Shingles Defective, That is Certain
                           Failed in   8 years - CertainTeed: Shingles Failing Leaving Homeowners in the Rain
                           Failed in   7 years - CertainTeed: CertainTeed Claim is a Double Edged Sword

   CertainTeed DID NOT issue a recall of these defective shingles, they DID NOT issue any warning to consumers,
   suppliers, distributors or roofers about all the reported premature failures - and they DID NOT discontinue sales
   of these defective shingles when the problems were first reported... or even when claims were being submitted. [7]

The asphalt roofing industry is NOT like the automotive industry,
There are no "Recalls" when asphalt shingles are found to be defective.
Recent history has shown defective shingles continue to be sold for decades.

   The asphalt industry does not NEED to demonstrate the same responsibility (to consumers) as the auto industry
   because most Americans move every 5 to 7 years - before the premature failures occur - so they are not affected
   by sales of roofing known to be defective... The subsequent homeowners must deal with all the premature failures.
   Asphalt manufacturers have admitted, in major trade magazines, this Strategy of Planned Obsolescence. [8]

Asphalt manufacturers are NOT like automotive manufacturers,
They don't "Repair" known defects after premature failures have been reported.
Unsuspecting consumers continue to be sold defective shingles long after failures are known.

   Consumers should not be shocked that asphalt manufacturers, and asphalt roofers, have a long history of selling
   defective shingles and consumers should NOT expect asphalt manufacturers or roofers to disclose information on
   the premature failure (or the claim history) of shingles they are currently selling. CertainTeed, and their roofers,
   did NOT sell defective shingles for 30 years by informing consumers of all the ongoing failures and claims.

DEFECTIVE SHINGLES - NOT INCLUDED IN THE SETTLEMENT

   The fact that 3 shingles (XT25, CT20 and FungusBuster) are not part of the Class Action Lawsuit does NOT mean
   these shingles did not failed prematurely - it means CertainTeed has not agreed to include them in the settlement.
   These were the only "fiberglass" shingles CertainTeed sold in 1991 and fiberglass shingles are not included in the
   current settlement negotiations. However, the premature failure of fiberglass shingles was a major concern in the
   industry at that time - as reported by consumers, contractors, and trade magazines. See The History of Asphalt

   While we do not know much about the "FungusBuster" shingle - other than it was not produced for very long,
   we are aware of the history of premature failures for both the CT20 and the XT25 shingles. And we are aware
   that CertainTeed has been paying claims for the premature failure of XT25 shingles for over 15 years now.
   These premature failures were due to problems with excessive granular loss, brittleness, cracking and splitting,
   blistering and curling. While not part of the current settlement, the XT25 has a history of premature failures...
   however, (in 2010) CertainTeed still continues to sell XT25 shingles to unsuspecting consumers. [10]

And, the XT25 (now considered a "low-end" 3-tab shingle) is essentially the same material CertainTeed currently
uses to produce their top-of-the-line Presidential and Presidential TL shingles... which have 50 year warranties. [11]

   The fact that CertainTeed was paying warranty claims on XT25 - BEFORE they started producing Presidential and
   Presidential TL shingles out of the same (defective) material, demonstrates the EXTENT to which defective shingles
   are sold by asphalt manufacturers and asphalt roofers. While they have been paying claims for premature failure
   of Presidential BEFORE even 20 years old, CertainTeed, and asphalt roofers, continue to promote the shingles as
   being "superior" products that are "expected" to last for 50 years. For information see: Defective Presidential TL

   The fact that ALL the brands CertainTeed sold in 1991 (now) have a documented history of premature failure
   clearly illustrates the EXTENT to which defective shingles are sold by asphalt manufacturers and asphalt roofers.
   Consumers must not assume that - after selling defective shingles for 30 years - suddenly shingles have improved.
   While most of today's asphalt shingles come with 30 year, 40 year or 50 year warranties - very few modern shingles
   will not need replacement BEFORE 20 years and many will fail between 10 and 15 years. *

NO DISCLOSURE GIVEN TO CONSUMERS

   CertainTeed has already admitted their corporate, legal and regional personnel conspired with local roofers
   to prevent consumers from receiving information on premature failures of (current) products... and, to make sales,
   they will even DENY knowledge of any premature failures and DENY knowledge of their (own) claim payments. [9]

                    Between myself, CertainTeed's Sales Manager for the Northwest Region, Greg Palandrani,
                    and other persons (not to mention our legal department and outside counsel), CertainTeed
                    has invested an extraordinary amount of time and effort in our attempts to repair the damage
                    done... Specifically, I explained that as CertainTeed's Territory Manager for that region,
                    I knew of no claims of Presidential or Presidential TL shingles failing prematurely.

   The fact that CertainTeed produced and sold defective shingles for almost 30 years should demonstrate - to even
   the most trusting of consumers - the EXTENT to which defective asphalt shingles have been (and now are) sold.
   The roofing industry is NOT the automotive industry - Sales of defective shingles continue without disclosure
   until class action lawsuits force some accountability.

   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 early-1990's asphalt manufacturers were very much aware of their sales of defective shingles because,
   in addition to notification by consumers, contractors, contractor associations and articles in major trade magazines,
   manufacturers were also paying warranty claims on the defective shingles - shingles they continued to produce.
   There is about 30 years of documented history of premature asphalt shingle failure from several different sources:

          1. Customer and Contractor Complaints
          2. Contractor Association Reports to Manufacturers
          3. Articles in several major Trade Publications
          4. Manufacturer Warranty Claim Payments
          5. Class Action Lawsuits

   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 are defective.
   The truth is, asphalt manufacturers and asphalt roofers have been selling defective shingles for a very long time.
   Unfortunately, the fact is, even CertainTeed has admitted they EXPECT asphalt shingles to fail prematurely [12]
   and even CertainTeed's "certified" roofers have admitted they EXPECT current shingles will be defective. [13]

   Because that concept is so hard for some consumers to accept - it requires repeating... Asphalt manufacturers and
   asphalt roofers EXPECT the shingles they are currently selling to fail prematurely. They ADMIT they are knowingly
   selling defective shingles. There is no legitimate reason for anyone to think an asphalt shingle will last 30 years or
   40 years - much less 50 years - and (with only a couple of exceptions) there is no reason to expect even 20 years.*

Asphalt Durability of 20 years?

            A recent study for the National Association of Home Builders (NAHB) determined the average life expectancy
            for asphalt shingles is only 20 years. [14]   Even the Asphalt Roofing Manufacturers Association (ARMA),
            recommends replacement of asphalt shingles every 20 years. [15]

            However, estimates from both the National Association of Home Builders (20 years) and the Asphalt Roofing
            Manufacturers Association (20 years) are NOT indicating the Re-Sale Window for asphalt shingles - which
            includes a Five Year Certification. If asphalt shingles have a 20 year "functional lifespan," that DOES NOT
            mean they can actually pass a Re-Sale Inspection at that time, please see: What Constitutes a Roof Failure?

   Homeowners can be excused for considering an idea as ridiculous as 30, 40 or 50 year asphalt shingles... they are
   unsuspecting consumers, not roofing experts. But what about the roofing contractors? What about manufacturers?
   Can they ever be excused for using deception to sell defective products?

   It's very easy to "sell" inexperienced and unsuspecting buyers the idea of a long-term lifespan for asphalt shingles,
   when the only examples shown are less than 10 years old. It's something altogether different when consumers have
   the opportunity to actually see the condition of a 20 year fiberglass installation. See: Recent Class Action Lawsuits

   Fiberglass shingles have been on the market for over 30 years. Even "luxury" shingles like the Presidential Shake
   have been produced for over 23 years. If a manufacturer or roofing contractor is unwilling (or unable) to let you see
   what you can expect your roof to look like in 15 or 20 years... maybe you should look for a different roofing material.
   Learn what roofers (and manufacturers) DON'T WANT you to know. See: The Truth about Presidential Shingles

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

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   [1] We use CertainTeed as an example because they are one of the major asphalt manufacturers in America.
         However, the concepts discussed will apply to all asphalt manufacturers to some degree and we do NOT
         mean to imply that CertainTeed is any worse (or any better) than all the other asphalt manufacturers.
   [2] CertainTeed Warranty, 1971
   [3] CertainTeed Warranty, 1974
   [4] CertainTeed Warranty, 1975
   [5] LawyersAndSettlements.com
   [6] KAALTV.com
   [7] CertainTeed Response to Second Set of Interrogatories, March 24, 2010
   [8] Greg Malarkey, 'Cheap Shingles: As With Everything Else in Life, You Get What You Pay For'
          Western Roofing Magazine, (Nov/Dec 1991).
   [9] Declaration of Mark Ivers, CertainTeed Northwest Territory Manager, March 3, 2010
[10] CertainTeed Warranty, 2010
[11] Declaration of Husnu Kalkanoglu, CertainTeed VP of Research and Development, April 26, 2010
[12] Second Declaration of Mark Ivers, CertainTeed Northwest Territory Manager, April 23, 2010
[13] Declaration of Michael Haight, CertainTeed "Certified" Roofer, April 26, 2010
[14] 'Study of Life Expectancy', National Association of Home Builders
[15] 'All About Roofing", asphaltroofing.org
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