Latest News on Defective Hardboard Siding Claims
March 29, 2009
Background
Hardboard siding is a manufactured product designed to resemble traditional wood siding used as an exterior finish in residential construction. Hardboard is composed of compressed wood fiber or wood chips, wax and resin pressed into the shape of boards or panels. Because it is essentially saw dust or wood chips and glue, cheaper formulations of the product are overly susceptible to water-damage.
The original hardboard developed by Masonite Corporation resisted deterioration from moisture about as well as real wood. But the need to reduce costs resulted in new products that were not as resistant to water-induced damage, and many similar competing products emerged in the 1980s.
By the early 1990s, cheap hardboard siding used in homes around the country began showing signs of premature failure. Unless the paint and caulking is perfectly maintained to keep the hardboard protected from the elements at all times, water exposure quickly takes its toll – causing swelling, buckling, blistering and overall deterioration.
The Lawsuits
With many thousands of homeowners experiencing the same type of damage from substandard hardboard siding, eight class action lawsuits were filed against seven different manufacturers during the 1980s and 1990s. Court approved settlements have been reached in every case, with the latest settlement approved in the Weyerhauser case on December 22, 2000.
Boise-Cascade, Celotex, and Champion have been the only prominent manufacturers to escape class action litigation, though potential class action lawsuits against Boise-Cascade have been rumored in Texas and Oregon.
Expired Claims
The settlements between the class action plaintiffs and the manufacturers were not identical in every case, but most of them provided for a 7 to 10 year window for homeowners to file their claims for damages. Of the eight class action settlements, the claim period has ended in five cases:
- Georgia-Pacific (hardboard siding manufactured at the Jarrett, VA and Catawba, NC plants)
- Jefferson Smurfit (Cladwood Siding)
- Louisiana-Pacific (Innerseal Siding)
- Masonite (Hardboard Siding)
- Masonite (Omniwood Siding)
This means if you have defects in the above-mentioned products from these manufacturers, you are no longer eligible to participate in the class action settlement. By the terms of most class action settlements, all future claims are legally barred after the claims period ends.
Warranty Claims
In virtually every case, the manufacturers are still honoring the original warranties on their products even after the class action claims period expires. In many cases, these products were guaranteed for 25 years. The warranty terms vary so you will need to check with the manufacturer to determine what they offer.
It is a certainty, however, that compensation received through a warranty claim will be less than what might have been received under the class action settlement. In same cases, the payout to individual homeowners participating in the class action averaged around $5,000 to repair the damages. Warranties frequently offer little more than replacement of the defective product or a refund of the purchase price, and almost always exclude labor.
Active Claims
In three cases, the settlement period is still open:
- Abitibi-Price
- Stimson Forestex
- Weyerhauser
Homeowners with defective hardboard siding manufactured by Abitibi-Price can file a claim up to 25 years after installation, but no later than May 15, 2025. For additional information regarding claims, visit http://www.abtcoclaims.com/.
The claim period for Stimson Forestex products ends November 12, 2011, but is available only to residents of Washington, Oregon, California, Idaho, Utah, Colorado, and Hawaii who installed their siding after January 1, 1985. For additional information regarding claims, visit http://www.forestexclaims.com/.
In the Weyerhauser case, all claims for siding installed between January 1, 1994 and December 31, 1999 are due on or before December 22, 2009. For additional information regarding claims, visit http://www.weyerclaims.com/.
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