Update: We are continuing to evaluate claims in accordance with the provisions of the settlement agreement. However, in accordance with further directions from the Courts, no further payments will be made until the end of the claims submission period on February 17, 2023. An update will be provided at that time.
Class action lawsuits were commenced in Alberta and British Columbia against CertainTeed alleging that the Siding is defective and subject to cracking, bowing, buckling warping, delamination and shrinkage.
Although CertainTeed denies liability, it has reached a national settlement with the plaintiffs (the “Settlement”). The Settlement has been approved by the Courts in Alberta and British Columbia. CertainTeed will pay CAD $7.25 million (the “Settlement Amount”) for the benefit of the Settlement Class Members (defined below) in exchange for a full release of claims against it and its related entities.
How does the Settlement work?
CertainTeed will pay CAD $7.25 million to settle the class action lawsuits. A Settlement Class Member with an Eligible Claim will be offered a cash payment in accordance with the Agreement. The amount available to each claimant is determined using the criteria described in the Settlement Agreement. Also, the amount payable to each claimant depends upon a number of factors such as (1) the extent of the Qualifying Damage; (2) how much of the Siding on the wall has Qualifying Damage; (3) the size of the wall; and (4) the length of time the Siding has been installed. Keep in mind that compensation for eligible Claims is based in part on how long you have already been able to use the Siding.
The amount paid to each Settlement Class Member will be determined by using the pricing provided by “RS Means,” which is a widely accepted cost estimator used in the construction/building industry. RS Means accounts for regional differences in costs for labor and materials. If less than 5% of the siding on a single wall section has Qualifying Damage then the payment will be based on the actual number of boards or panels with damage.
In order to ensure that all Claimants are treated equally during the six (6) year claims period, all claims will be paid on a two-payment schedule. The first payment will be in the amount of 50% of the claim value as soon as the claim is administered. The second payment would be made at the end of the Claims Period.
If your Siding was installed within the last two (2) years, your SureStart warranty is likely still in force. If so, you first make a claim with CertainTeed under the SureStart warranty. However, if after making a claim with CertainTeed you believe you would have recovered more under this Settlement, then you can also make a claim in this Settlement. If this Settlement would have provided you more, you will be paid the difference between CertainTeed’s warranty payment and the amount provided under the Settlement.
The Settlement allows a class member to make more than one claim during the claims period if there are additional problems with the Siding. However, a Claimant cannot collect twice for the same wall section for which they previously received compensation.
The Settlement does not extinguish any of your warranty rights. Warranties associated with your Siding will continue to be in effect after the Claims Submission Period expires.
How do I know if I’m part of the Settlement?
You are a Settlement Class Member if you own a home, residence, building, or other structure that had Siding installed on or before July 1, 2016. If you are a Settlement Class Member, you are only eligible for a remedy under the Agreement if you have an Eligible Claim. This means that your Siding exhibits Qualifying Damage pursuant to the criteria set out in the Agreement.
You are NOT a Settlement Class Member if:
- you opted out of the class actions;
- you previously filed a claim concerning your Siding in a court of law and the claim was resolved with a final judgment or order, whether or not that judgment or order was favourable to you; or
- you are a subsidiary, parent company, successor, assign or controlling shareholder of CertainTeed.
To qualify for a remedy, you must meet these criteria:
- Submit a completed and timely Claim Form, along with supporting documents.
- The Siding on your property must meet the definition of Qualifying Damage as set forth in the Agreement. Siding that shows certain shrinkage, warping, bowing, delamination and cracking, as defined in the Agreement, displays Qualifying Damage.
- The Qualifying Damage must occur prior to February 17, 2023 which is the end of the Claims Submission Period.
You can get a Claim Form by:
- Visiting www.certainteedsettlement.ca
- Calling 1-866-482-5436
When should I submit my claim?
You can submit claims any time up until February 17, 2023 unless the Settlement Fund is not exhausted, in which case further claims will be accepted until the Settlement Fund is exhausted.
Remember, this Notice is only a summary of important features. The Agreement, available on the website, www.certainteedsettlement.ca, contains all the details about the Settlement.
FOR MORE INFORMATION on submitting a Claim Form or to view the Settlement, visit www.certainteedsettlement.ca.