SELLING DEFECTIVE SHINGLES

The Truth about Defective Asphalt Shingles

   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, the 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 the 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 is 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]

   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.

   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]

   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 accountability.

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 shingles 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 (if any) shingles
   will not need replacement BEFORE 20 years and most will fail between 10 and 15 years. Contact us for more info.

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.

UNBIASED INFORMATION & FULL DISCLOSURE

   Most manufacturers (and roofers) "specialize" in only one type of roofing material and, therefore, must try to "sell"
   that material to everyone - even when a different material or product would be more appropriate to the consumer's
   unique individual needs. Manufacturers (like CertainTeed) sell only one material - asphalt shingles - and, therefore,
   will try to sell their products to everyone. Likewise, roofers specializing in installation of asphalt shingles will try to
   use ''inflated" warranties to "sell" asphalt shingles - even when they EXPECT premature failure. See Warranty Page

   There is ALWAYS an adversarial relationship between buyers and sellers. Roof buyers should NEVER expect
   to receive full disclosure or unbiased information from roof sellers - manufacturers, distributors, suppliers or roofers.
   The financial interests of (roof) sellers is always diametrically opposed to the financial interests of (roof) buyers.

   To receive full disclosure and unbiased information on roofing, consumers need to consult an independent expert.
   Seattle RoofBrokers do not "specialize" in any one type of roofing material. This UNIQUE business model provides
   the freedom to present consumers will ALL available product options and to disclose the good - and the bad - about
   each roofing option. As independent roofing experts, we can provide full disclosure and unbiased information.
   We are THE BEST resource of information on asphalt, cedar, metal, synthetic composites (rubber) and tile roofing.

Contact Seattle RoofBrokers

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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.

[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
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