James Hardie Class Action Lawsuit

12 Plaintiffs in 8 states have filed a class action lawsuit against James Hardie Building Products, Inc. alleging the exterior fiber cement siding they sell fails prematurely. The suit seeks 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.  James Hardie Building Products is based in Fontana, California.


The class action lawsuit alleges 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 Act, Minnesota’s False Statement in Advertising Act, and Minnesota’s Statue of Unlawful Trade Practices.


HardiePlank Lap Siding

The lawsuit alleges that James Hardie fiber cement siding contains at least one defect and does not defend against elements, such as rain and snow. Furthermore, it claims that the siding cracks, warps, discolors, flakes, and shrinks which often results in the siding being pulled from its fasteners. Worse, it has been reported that some siding can completely break and fall off the structure.  

In 2006, Plaintiff Heidi Picht purchased a new home in Donnelly, Minnesota on which the siding was installed during the original construction. In spring 2007, Picht first found flaking on the surface of the siding.  Over time, the siding further deteriorated by shrinking, 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 contacted James Hardie’s authorized representatives but was unable to assert her rights under warranties for the siding due to the conduct and representations of James Hardie’s representatives. Other plaintiffs were similarly unable to assert their respective rights under warranties of the siding. 
The suit claims 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 general public. The suit seeks $5 million in damages and a restriction against future conduct in violation of applicable consumer protection statues or that breaches applicable warranties. 

Source: http://www.classactionsnews.com/consumer/james-hardie-building-products-defective-siding-class-action-lawsuit


 Cultivate an Attitude of Gratitude

It is always the right season to count our blessings and be thankful. Don’t take your blessings for granted. Focus on what you have, what you’ve accomplished and the great people in your life.

9 Ways to Count Your Blessings

1.   Keep a gratitude journal. A gratitude journal can give you perspective about the great things in your life. Take some time each day to write down five things that you are grateful for that day. Writing down what you are grateful for allows you to organize your thoughts and put the experiences into context.

2.    Remember and be grateful for challenges and “negative” experiences because they’ve taught you valuable lessons in patience, understanding, humility and strength.

3.    Focus on the gifts. Be thankful for the gifts that we receive from others, such as a smile or a kind word, as well as the gifts we offer to others.

4.    Pray for gratitude or for the ability to be grateful. Whether or not you are religious, take time to sit quietly and think about what you’re thankful for.

5.    Be grateful for your health. The human body is an amazing machine. Be thankful for all that yours can do.

6.    Keep a visual reminder to be grateful, such as a picture frame with your favorite gratitude quote, and surround yourself with grateful people.

7.    Commit to practicing gratitude. Make a concerted effort 
to practice gratitude every single day. Let others know you appreciate them.

8.    Maintain a positive, grateful attitude. Replace a negative internal monologue with positive thoughts.

9.    If you must, fake it. If you’re having trouble being grateful, fake it until you are. Smile, say thank you and write a thank you note to someone who’s helped you recently. Soon,  all of this gratitude will overtake your negativity.

Source: Robert A. Emmons


Tip Of The Hat To:

 

 

Anne & Mark Lackey
Atlanta Housing Source at
Solid Source Realty, Inc.
PO Box 923116
Norcross, Georgia 30010
404-886-8789

 

 

 

facebook
Linkedin
Warranty Recall Chek