A former owner of a home improvement company is lead plaintiff in a class action lawsuit alleging that Maibec Inc.’s eastern white cedar wood tree shingles fail well before the end of the companyâ€™s 50-year warranty against wood decay. The lawsuit, filed in federal court in New Jersey, further alleges that Maibec does not honor its warranty agreement when the wood shingles fail.
According to a report from Law360.com, the <"http://www.yourlawyer.com/topics/overview/maibec-wood-siding-shingles-class-action-lawsuit-product-liability">Maibec wood shingle class action lawsuit seeks to represent individuals and entities who have owned buildings in the U.S. that have used Maibec shingles at any time since 1986. In the alternative, the plaintiff seeks class certification for all individuals and entities in New Jersey who have owned properties with Maibec shingles installed after 1986.
The Maibec wood shingle class action lawsuit was brought by James Vander Veer. According to Law360.com, he hired a subcontractor to fit a New Jersey house with Maibec wood shingle siding. The lawsuit claims that the homeowners complained that the shingles had curled away from the house just four years after they were installed. Vander Veer alleges he was forced into a settlement with the homeowners after Maibec refused to fix the problem.
“Contrary to Maibecâ€™s representations and its illusory warranty, its shingles are plagued by design flaws that result in warping, peeling, cracking, buckling and curling,” the lawsuit says. â€œYet Maibec continues to sell them to the public and continues to make false representations and warranties.â€
Despite numerous customer complaints about the shingles, Maibec has not implemented changes to its products or warranty processes, the suit contends.
According to Law360.com, Vander Veer’s eight-count complaint alleges breach of warranty, unjust enrichment, strict products liability and violations of New Jerseyâ€™s Consumer Fraud Act. The case was filed in the U.S. District Court for the District of New Jersey.
Maibic Inc. is Canada’s leading siding maker, and produces wood shingle siding under the brand names Nantucket Kennebunk and Bar Harbor and distributes its products in more than a dozen states.