This class action lawsuit claims that James Hardie Building Products produces and sells exterior fiber cement siding that fails prematurely. The plaintiffs seek to represent all homeowners whose home was built with James Hardie fiber cement siding and who seek compensation for repair costs and other damages from the siding.
One plaintiff in this case, Heidi Picht, purchased a new home in Donnelly, Minnesota in 2006. The siding of this home was installed during the original construction. In the spring of 2007, Picht found flaking on the surface of the siding. Over time, the siding further deteriorated and started to shrink, causing gaps between the boards and causing some boards to pull from their fasteners. The siding also warped, delaminated, and became severely discolored in places. Furthermore, the failure of the siding allowed water to penetrate the home, damaging the underlying structure. Picht, like any responsible home owner, contacted James Hardie’s authorized representatives. She was unable to assert her rights under warranties for the siding due to the conduct and representations of James Hardie’s representatives.
Fiber cement exterior siding is a building material used to cover the exterior of building. Failure in the siding can cause damage to underlying structures and other property by allowing water and moisture to penetrate into the building. This lawsuit claims that James Hardie fiber cement siding contains at least one defect and does not defend against elements, such as rain and snow. It claims that the siding cracks, warps, discolors, flakes, and shrinks which often results in it being pulled from its fasteners. Even worse, it has been reported that some siding can completely break and fall off the structure.
The plaintiffs claim that James Hardie Building Products knew of the defects at the time of sale and intentionally concealed material information concerning the siding from the plaintiffs and the general public.
Based on the facts of the case, the plaintiffs allege that James Hardie Building Products, Inc. has breached and violated Express Warranties, Implied Warranties of Merchantability and Fitness, California’s Consumer’s Legal Remedies Act, Business & Professions Code, Florida’s Deceptive and Unfair Trade Practices Act, Virginia’s Consumer Protection Act, Ohio’s Consumer Sales Practices, Minnesota’s False Statement in Advertising Act, and Minnesota’s Statue of Unlawful Trade Practices.