Construction Defect Claims for Faulty Roof Shingles Still to be Resolved
Judges presiding over two construction defect claims for faulty roof shingles have sent one for arbitration and tossed a motion to dismiss the second.
The two construction defect claims for faulty roof shingles were made against Tamco Building Products Inc. for the failure of their Heritage Series IR roofing shingles to withstand hailstorms – despite having a Class4 impact resistant rating.
Supported by expert opinion from technical engineers, the plaintiffs allege property damage and financial loss due to the failure of the company´s product, and brought their construction defect claims for faulty roof shingles after Tamco allegedly failed to honor their warranty claims.
In the first of the two cases – filed in California – District Judge Nunley upheld a motion to send the case to arbitration after the company successfully argued that an arbitration clause appeared in the contract of sale.
The plaintiffs – Robert and Linda Hoekman – argued that they did not receive a copy of the contract of sale until after they had ordered and paid for the defective roof shingles. However, Judge Nunley observed that the plaintiffs had conducted comparison shopping prior to purchasing the roof shingles, and that on Tamco´s marketing there was a link directing them to the terms and conditions of purchase and the limited warranty.
In Illinois, three construction defect claims for faulty roof shingles have been combined into one class action. Tamco attempted to get the class action dismissed on the grounds that the plaintiffs’ negligence and strict liability claims were barred by the economic-loss doctrine.
However, Judge Yandle of the Southern District of Illinois found against Tamco´s motion to dismiss – although she did dismiss the plaintiffs´ claims for breach of the implied warranty of merchantability and breach of their implied warranty of fitness for a particular purpose because those elements of the construction defect claims for faulty roof shingles were time-barred by the Statute of Limitations.
Although both construction defect claims for faulty roof shingles are still to be resolved, there are two important takeaways from the progress of the cases to date – always read the small print prior to making a purchase, and always speak with a construction defect lawyer at the earliest possible opportunity if a product fails to protect your property as you would reasonably expect it to.