Update – June 1st, 2017:
Update – April 5th, 2017:
To view this Notice in French click here.
Notice of settlement
If you are resident in Canada and own a home, residence, building, or other structure located in Canada on which CertainTeed WeatherBoards Fiber Cement Siding (the “Siding”) was installed on or before July 1, 2016, your rights could be affected by a national class action settlement with CertainTeed Corporation (“CertainTeed”).
Class action lawsuits were commenced in Alberta and British Columbia against CertainTeed alleging that the Siding is defective and subject to cracking, bowing, buckling, warping, delamination and shrinkage.
Although CertainTeed denies liability, it has reached a national settlement with the plaintiffs (the “Settlement”). The Settlement has been approved by the Courts in Alberta and British Columbia. CertainTeed will pay CAD $7.25 million (the “Settlement Amount”) for the benefit of the Settlement Class Members (defined below) in exchange for a full release of claims against it and its related entities.
How does the Settlement work?
CertainTeed will pay CAD $7.25 million to settle the class action lawsuits. A Settlement Class Member with an Eligible Claim will be offered a cash payment in accordance with the Agreement. The amount available to each claimant is determined using the criteria described in the Settlement Agreement. Also, the amount payable to each claimant depends upon a number of factors such as (1) the extent of the Qualifying Damage; (2) how much of the Siding on the wall has Qualifying Damage; (3) the size of the wall; and (4) the length of time the Siding has been installed. Keep in mind that compensation for eligible Claims is based in part on how long you have already been able to use the Siding.
The amount paid to each Settlement Class Member will be determined by using the pricing provided by “RS Means,” which is a widely accepted cost estimator used in the construction/building industry. RS Means accounts for regional differences in costs for labor and materials. If less than 5% of the siding on a single wall section has Qualifying Damage then the payment will be based on the actual number of boards or panels with damage.
In order to ensure that all Claimants are treated equally during the six (6) year claims period, all claims will be paid on a two-payment schedule. The first payment will be in the amount of 50% of the claim value as soon as the claim is administered. The second payment would be made at the end of the Claims Period.
If your Siding was installed within the last two (2) years, your SureStart warranty is likely still in force. If so, you first make a claim with CertainTeed under the SureStart warranty. However, if after making a claim with CertainTeed you believe you would have recovered more under this Settlement, then you can also make a claim in this Settlement. If this Settlement would have provided you more, you will be paid the difference between CertainTeed’s warranty payment and the amount provided under the Settlement.
The Settlement allows a class member to make more than one claim during the claims period if there are additional problems with the Siding. However, a Claimant cannot collect twice for the same wall section for which they previously received compensation.
The Settlement does not extinguish any of your warranty rights. Warranties associated with your Siding will continue to be in effect after the Claims Submission Period expires.
How do I know if I’m part of the Settlement?
You are a Settlement Class Member if you own a home, residence, building, or other structure that had Siding installed on or before July 1st, 2016. If you are a Settlement Class Member, you are only eligible for a remedy under the Agreement if you have an Eligible Claim. This means that your Siding exhibits Qualifying Damage pursuant to the criteria set out in the Agreement.
You are NOT a Settlement Class Member if:
- you opted out of the class actions;
- you previously filed a claim concerning your Siding in a court of law and the claim was resolved with a final judgment or order, whether or not that judgment or order was favourable to you; or
- you are a subsidiary, parent company, successor, assign or controlling shareholder of CertainTeed.
To qualify for a remedy, you must meet these criteria:
- Submit a completed and timely Claim Form, along with supporting documents.·
- The Siding on your property must meet the definition of Qualifying Damage as set forth in the Agreement. Siding that shows certain shrinkage, warping, bowing, delamination and cracking, as defined in the Agreement, displays Qualifying Damage.
- The Qualifying Damage must occur prior to February 17th, 2023 which is the end of the Claims Submission Period.
You can get a Claim Form by:
- Visiting www.certainteedsettlement.ca
- Calling 1 866 482 5436
- Contacting Class Counsel (contact information below).
When should I submit my claim?
You can submit claims any time up until February 17th, 2023 unless the Settlement Fund is not exhausted, in which case further claims will be accepted until the Settlement Fund is exhausted.
Remember, this Notice is only a summary of important features. The Agreement, available on the website, www.certainteedsettlement.ca, contains all the details about the Settlement.
FOR MORE INFORMATION on submitting a Claim Form or to view the Settlement, visit www.certainteedsettlement.ca
The CLASS LAWYERS are James H. MacMaster and Chelsea D. Hermanson of Branch MacMaster LLP and can be reached at:
Telephone: 604 654 2999
Fax: 604 684 3429
Mail: 1410 – 777 Hornby Street, Vancouver, BC V6Z 1S4
This Notice is approved by the Alberta Court of Queen’s Bench and the Supreme Court of British Columbia.
Update – October 21st, 2016:
A proposed Class Action settlement has been reached with CertainTeed involving certain CertainTeed Fiber Cement siding products installed on structures in Canada. In order for this settlement and the claims process to become effective, the settlement agreement must be approved by the courts in BC and Alberta. Settlement Approval Hearings are currently scheduled for January 31st, 2017 in Alberta and February 17th, 2017 in BC. The claims program will be opened shortly thereafter.
Branch MacMaster LLP has filed a proposed class action in British Columbia against CertainTeed Corporation. CertainTeed is a leading North American manufacturer of building materials including roofing, siding, insulation, windows and patio doors, fence, decking, railing, foundations and pipe. One of CertainTeed’s product lines is WeatherBoards™ which is a series of fiber cement products including various types of siding, soffit, shapes, ceiling, and trim (collectively the “Siding”).
CertainTeed was in the business of marketing the Siding in British Columbia and throughout Canada and of selling the Siding to B.C. and Canadian wholesale distributors for further distribution to the retail market in B.C. and Canada.
The British Columbia action is being brought by John Jardine and Gail Fish. A copy of the Notice of Civil Claim can be found by clicking here.
The Plaintiffs bring the proposed class action on their own behalf and on behalf of the members of a proposed class which is defined as follows:
All individuals or entities who owned a home, residence, building, or other structure in Canada, on which the Siding was installed on or before February 1st, 2014.
The first step in this proposed class action will be for the Court to consider whether it should be certified as a class action pursuant to the Class Proceedings Act. A date for this hearing has not yet been set.
We will continue to update this website as developments occur.
We are compiling a database of potential class members and encourage you to let us know if you think you are a member of the proposed class. You can reach us by mail, fax, email or telephone at the following address:
Branch MacMaster LLP
Barristers & Solicitors
Suite 1410 – 777 Hornby Street
Vancouver, BC V6Z 1S4
Direct Phone: 604 631 2561
Fax: 604 684 3429