TopClassActions  |  November 4, 2013

Category: Legal News

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Maibec Hit With Shingle Defect Class Action Lawsuit

By Anne Bucher

 


Maibec shingles class action lawsuitIn a new class action lawsuit, Maibec Inc. was accused of selling defective shingles that are susceptible to decay, warping, cracking and peeling, even though they are advertised as safe and reliable.

Plaintiff Melissa McCaffrey says that Maibec shingles are marketed as long-lasting, reliable products designed to last up to 50 years. However, she alleges that the shingles are defective and prone to premature deterioration. “Yet Maibec continues to sell them to the public and continues to make false representations and warranties, despite the fact that the shingles deteriorate well before the warranty expires, are defective, have failed and will continue to deteriorate, causing property damage, and costing consumers substantial removal and replacement costs,” she said in her class action lawsuit.

 

McCaffrey says that Maibec advertises a 50-year warranty against wood decay to persuade consumers who are looking for a long-lasting product that will stand up to adverse weather and have continued curb appeal. “Maibec’s representations lead reasonable consumers to believe that its shingles are a premier product and Maibec charged those consumers a premium price for that product,” the class action lawsuit said.

 

Upon further investigation, McCaffrey says Maibec’s shingles actually have “flat” orientation, which is associated with lower-quality shingles on the market. In “flat” shingles, the grain runs perpendicular to the edge of the shingles. “By contrast, in higher quality shingles, the closely spaced grains run generally parallel (or ‘vertical’) to the edge of the shingles,” the class action lawsuit said. The difference in grain orientation can allegedly have a significant impact on the stability, functionality and durability of shingles.

 

In her class action lawsuit, McCaffrey cites a number of complaints from online forums, written by similarly frustrated consumers who purchased Maibec shingles because of their reputation for quality only to discover that they deteriorated prematurely. Many of these complaints indicated that Maibec failed to resolve their concerns about the shingle quality or failed to honor their warranties.

 

McCaffrey alleges Maibec is not only aware that its shingles are defective, but the company also fails to honor its warranty obligations. In her class action lawsuit, she accuses the shingle company of knowingly and intentionally concealing the shingle defect. Specifically, she says that the Maibec shingles “routinely warp, peel, crack, buckle and curl far in advance of the expiration of the warranty period. Indeed, Defendants’ shingles have deteriorated and will continue to deteriorate at a rate that demonstrates their lack of durability and resiliency.” Had McCaffrey known that the shingles were defective, she says she would not have purchased them or would not have purchased them at the premium price she paid.

 

The class action lawsuit seeks to include all individuals who have owned or acquired homes, buildings or other structures on which Maibec shingles have been installed since 1986. McCaffrey is bringing claims for breach of contract, breach of express warranty, breach of implied warranty, breach of the warranty of merchantability, negligence, products liability and unjust enrichment.

 

McCaffrey is represented by Melanie H. Muhlstock and Jordan L. Chaikin of Parker Waichman LLP; Charles J. LaDuca of Cuneo Gilbert & LaDuca LLP; Joseph J. DePalma of Lite DePalma Greenberg LLC; and Michael McShane of Audet & Partners LLP.

 

The Maibec Shingle Defect Class Action Lawsuit is Melissa McCaffrey v. Maibec Inc., Case No. 2:13-cv-05963, in the U.S. District Court for the Eastern District of New York.

 

 

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One thought on Maibec Hit With Shingle Defect Class Action Lawsuit

  1. WalterDawson says:

    Had Maibec white cedar installed on my house in 2007. Within 5 years the shingles began to , not peel but flake like they were deteriorating. I never realized that they being a natural product would even have a warranty. I had boxes in my garage but never even thought to look. It wasn’t until I called in a painting company to paint my house that the painter inquired about the brand shingles and informed me of the issue with Maibec’s white cedar.

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