<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Lewis:
We our in Georgia and have Masonite Omniwood siding on our home, it is about three years old. There is a class action lawsuit on the Omniwood siding. We file a claim with the third party admin. The adjuster inspected our home and we received a settlement figure at 100% of the cost of the siding only ($3.76 a board) for what the inspector deed "bad". Hearing about LP running out of money we took their check for the bad siding.
I removed two peaces of the siding that were bad to have a look behind it, has I was going to do the work. The wood behind it was bad (very wet and mushrooms growing).
I called the third party admin. and told them what I found and asked if I could file a claim for this, I was told no, they only pay for the damaged siding, I could not even claim for the panting of the replacement siding.
Further more, I asked when I could re-file another claim and I was told I would have to wait one year. I told the person that I have reviewed the claim booklet and it does not state this anywhere, I was told again I must wait one year to re-file.
We have gotten estimates on replacing just one section of the bad siding, and all of the estimates exceed what we were paid. We have yet to do anything.
I know I have asked a lot of questions, any answers would be very helpful.
Thank you.<HR></BLOCKQUOTE>
You have raised a very good issue. All of these types of hardboard siding is defective and a result of defective material and/or improper installation. The class action settlement does not protect the consumer due to the fact that the terms of the settlement limits the homeowners claims to only the percentage of the siding that is in fact damaged at the time of the certified inspection.
Facts: A home inspected and judged to have 10% of the siding damaged will get a settlement check for only the 10% when in fact there is 100% of the defective building material installed on the home. There have been many cases where it has been discovered that the siding harbors mold and fungus. And in some cases the mold was toxic and caused health problems to the owners living in the homes. Keep in mind that the siding is on the exterior of the home but the mold spores get into the inside of the home and once it gets into the HVAC system the entire homes' indoor air is contaminated. Then it becomes an Indoor Air Quality and a Sick Building Syndrome issue. There is one homeowner in Washington State that got a settlement check for $2500 and the cost to reside her home was $30,000. This example is not fair consumer protection as there is no equitable relief. In the majority of cases the settlement check
will not cover the remedial cost to correct.
Unfortunately, once you signed the settlement agreement and cashed the check you have no recourse. There are a number of alternatives but the cost to litigate would be more than the cost of your home. Maybe another class action lawsuit is needed to cover all the claims the original settlement agreement did not cover ie. total defective product claim based on the entire product being defective vs. a claim for only present damage, cost of total installation turn-key to include sheathing, new siding, installation, caulking and painting and warranty to make the homeowner "whole", claims for other damages such as mold, fungus, mushrooms etc. and the right to file personal injury claims due to the toxic mold.
I have read class action settlement agreements from the various hardboard siding companies such as Masonite, LP and other companies. I would recommend that each homeowner have an attorney review the terms of the settlement before acceptance lest you sign your rights way to collect for any future damages. You are not required to be a claimant in the class action setlement but can chose to opt-out and file an entirely separate lawsuit. Keep in mind that these companies are huge and many are ranked in the Fortune 500. International Paper which owns Masonite is ranked # 61 and employs over 100,000 people.
Do not take anyones verbal statements for settlement and claim filing. Get a copy of all the pertinent documents and review them or have an attorney review them. if there is nothing in the documents that answers your question or something that is unclear, write to the appropriate Claims Office for a writtem explanation.
Rest assured that you are not alone. There are millions of homeowners out there in the exact same situation.
