More than 40 plaintiffs filed a consolidated class action lawsuit against three decking and railing material companies. The heart of the class action lawsuit is the issue of shoddy deck construction materials that significantly reduce the durability of homeowner decks and railings. Parties to the class action lawsuit recently reached a settlement for payment to class members that purchased the poorly constructed decks and railings. Defendants Elk Corporation and Building Materials of America agreed to the settlement to avoid costly prolonged litigation and the potential to pay more award money to the plaintiffs.
Plaintiffs claim the materials sold by the defendants are not appropriate materials for deck and railing installation. They assert the materials tend to warp, split, and/or swell, as well as are vulnerable to mold, fungus, and mildew growth. The decking and railing defects mentioned in the class action lawsuit involve the Cross Timbers Decking, Duralife Decking, and Railways Railings brands.
Both defendants have maintained the products sold by the companies are not flawed. The class action settlement does not require either company to admit to wrongdoing, and the court has not placed legal responsibility on the defendants.
What You Need To Know
Eligible class members fall under three class action settlement categories:
“Decking material made or sold by Elk Corp. or by Building Materials Corp. between Jan. 1, 2002 and Dec. 31, 2012 and that remained installed on the Class Member’s property on Nov. 11, 2016.”
“Railways made or sold by Elk Corp. or by Building Materials Corp. between Jan. 1, 2005 and Dec. 31, 2012 and that remain installed on the Class Member’s property on Nov. 11, 2016.”
The class action settlement award varies depending on the total amount of defective products. The larger the product count, the smaller the potential award. Class counsel labor and materials cost will define compensation. Eligible class members must file a claim form that includes a clause that class members “agree to make your decking materials available for inspection, if deemed necessary.” For mold condition claims, forms must be sent by February 27, 2018. Qualifying damage claims must arrive to the claim administrator office exactly one year later on February 27, 2019.
Elk Cross Timbers Decking Marketing, Sales Practices and Products Liability Litigation, Case No. 15-cv-00018, in the U.S. District Court for the District of New Jersey had a final hearing on February 27, 2017. For more information on the final hearing, refer to the class action settlement website www.DeckingSettlement.com. Class counsel attorneys Daniel K. Bryson, Scott Harris, and Jeremy Williams represent the law firm Whitfield Bryson & Mason LLP. Attorneys from Quinn Emanuel Urquhart & Sullivan LLP form the defense counsel.
