James Vander Veer has filed a class action lawsuit in New Jersey federal court against wood shingle manufacturer Maibec Inc., alleging the shingles warp and crack long before the end of the 50-year warranty.
The lawsuit claims that the eastern white cedar tree shingles fail early, and that Maibec does not uniformly honor the warranty obligations. “Contrary to Maibec’s representations and its illusory warranty, its shingles are plagued by design flaws that result in warping, peeling, cracking, buckling and curling,” Vander Veer said. “Yet Maibec continues to sell them to the public and continues to make false representations and warranties,” Law360 reported.
The lawsuit also alleges that Maibec does not provide the services listed in its warranties, and that even though the company has received many complaints about the shingles, Maibec has not made any changes to the products or warranty. Vander Veer also claims that while he owned a home improvement company, his subcontractor installed shingle siding at home, and that within four years, the shingles started to pull away from the house. When Vander Veer contacted Maibec to fix the problem, they refused and Vander Veer had to settle with the homeowners.
The putative class includes all U.S. building owners that have used Maibec shingles from 1986 on.
According to Law360, the lawsuit alleges breach of warranty, unjust enrichment, strict product liability and New Jersey Consumer Fraud Act violations.