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Siding Lawsuit

mrfixitusa | Posted in General Discussion on July 8, 2008 04:41am

Does any homeowner have experience filing a claim against a masonite siding manufacturer?

I’m interested in finding out how this works with newer homes.

The masonite siding on homes built in the 1990’s is deteriorating and swelling.

Thanks for any input.


Edited 7/7/2008 9:41 pm by mrfixitusa

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Replies

  1. renosteinke | Jul 08, 2008 04:53am | #1

    IIRC, even the tub & bath Masonite is warrantied for only five years. If the siding is anything like that stuff, count your blessings it has lasted this long.

    1. mrfixitusa | Jul 08, 2008 05:00am | #2

      I'm hearing several different stories.One story is some people are getting their entire home re-sided and it's paid for by the siding manufactureAnother story is they pay $3.99 per ft and just replace bad pieces here and there.I heard the manufacturer dismisses claims whenever possible and says "it wasn't installed properly" if the installer did not prime the lower six inches of the back of the siding.Someone said power washing voids the warrantyI heard there is a lot of money to be made re-siding houses and installing hardie board sidingWe were talking about power washing hardie siding and someone said that voids the warranty.I talked to a guy today who said exterior paint will only last 5-6 years on the $10 masonite siding you buy at Lowes or HD (16 ft length)

      1. mikeroop | Jul 10, 2008 05:51am | #9

        sounds like you've heard too much and need to get the facts. call the  manufacture get a copy of warranty then if you feel you've got a leg to stand on contact a lawyer

  2. User avater
    JeffBuck | Jul 08, 2008 05:37am | #3

    about 5 or 6 years ago I worked on a full basement remodel along with a small additionthat was spurred on by a masonite class action suit.

    the people were interrested in the house to begin with, but the real estate agents assurances that the house was covered by the class action was their deciding factor.

    Buy a nice house and get some brand new siding free ... what's to lose.

     

    so while we're there remodeling ... they get their settlement check.

     

    I think it was for $6.00.

     

     

    the decided to just frame it instead ... and we replaced just the cornerboards instead of residing the whole house.

    they dropped over $100K into the basement and about $30K into a 6ft x6ft addition, so not like they were hurting for the money ... but was funny when the big check finally showed.

    Jeff

     

     

        Buck Construction

     Artistry In Carpentry

         Pittsburgh Pa

    1. mrfixitusa | Jul 08, 2008 05:46am | #4

      That's a funny story.Here in wichita there are independent "adjustors" who are sending out mailings and offering to help people make their claim.Their fee is 40% of whatever the homeowner recovers from the manufacturer

      1. User avater
        JeffBuck | Jul 08, 2008 05:49am | #6

        that'd be even more fun to see the adjuster get his portion of a six dollar check!

         

        my wife recently got a check from some class action suit ... she didn't even remember filling out any paperwork ... check was for something like $1.37.

        and unlike those rich folk ... we did deposit it!

        Jeff

         

            Buck Construction

         Artistry In Carpentry

             Pittsburgh Pa

        Edited 7/7/2008 10:50 pm ET by JeffBuck

        1. renosteinke | Jul 08, 2008 06:52am | #7

          Welcome to the world of class action suits. Here's how it works: An ambitious attorney conjures up a 'theory' where many people are harmed by someone with deep pockets. The attorney advertises for victims. He then petitions the court to recognize him as representing not just these folks, but anyone whose claim might be similar to his suit. Many years later, the suit is settled, and millions are awarded. Since many potential victims have not yet been found, most of the award is placed in trust for future payments. Court costs and attorney fees are taken out. The attorney is -usually- allowed to administer this trust. That is, he gets to pay himself the interest, and his fees, from this fund - usually until the fund disappears. Meanwhile, the identified victims - those who filled out all that paperwork for the attorney - get a pittance for a settlement. P>T> Barnum was clever, but not so clever as to discover this scam.

    2. Jim_Allen | Jul 08, 2008 05:49am | #5

      LOL! How'd you guys celebrate? You order up a couple of waters at the Burger King and split a #1? Bob's next test date: 12/10/07

    3. mrfixitusa | Sep 18, 2008 09:38pm | #22

      I wanted to revisit masonite siding warrantys because I talked to the claims representative today and he said he DOES IN FACT see homes that are being completely resided and paid for by the manufacturer.Something I missed and wanted to report to everyone is the way the claims representative evaluates siding damage.I thought it was just a visual inspection.Or maybe poking through the soft detereorated pieces with a probe.WRONGSiding damage is evaluated by using a CALIPER to measure the thickness on the edge.If it measures 1/2 or thicker then it qualifies for a claim against the manufacturerI'm getting more and more interested in siding and would like to get some jobs lined up to do the replacement.I reported previously that the manufacture will reimburse the homeowner up to $3.99 per sq foot for damaged siding.I was called the other day to give a bid on replacing damaged siding and I bid $1,000 to replace 150 ft of siding So I bid about $6.00 per foot

      1. frammer52 | Sep 18, 2008 11:58pm | #23

        good money there?>G<

        1. mrfixitusa | Sep 19, 2008 12:41am | #24

          Yes, it's pretty good pay - I'm basing that statement on two days of work for $750 to $800 for my laborMaterials would cost $200 to $250 So it's around $50 an hourI would love to get that salary every day and 40 hours a weeklolI make decent money as a realtor but I need something to do in between clients.I've got several real estate clients right now but things are just on hold with them and I need something to do productive (rather than wasting time here - lol)

  3. asmith | Jul 09, 2008 09:01pm | #8

    Many years ago, I repaired the siding - with the help of Masonite - on a not-so-well-built Weyerhauser home I owned.

    I had to remove some rotted samples and send them in. They sent me a check.  I don't remember the details but I had to estimate the amount of damage and they used some calculation to pay me.

    It definitely helped offset the cost of repair.  Plus, I was able to get new siding installed, caulked, and painted properly.

    I just call Masonite and chatted up someone down there.  I grew up in So. Miss. so she was nice to me.

    1. mrfixitusa | Jul 14, 2008 08:54pm | #10

      I'm a realtor working with a single woman who bought a ten year old home with masonite sidingIt appears that the exterior paint is the original paint job.When we had the home inspection the inspector expressed concern that some of the nail heads were now below the surface of the masonite siding and spackling needs to be applied and the home painted.The inspector also stated the caulking at the end of the siding, where the siding meets the trim board, is now old and dry and has shrunk or fallen out.The buyer does not have the money to have the house painted and she can't do it herself.I was wondering if anyone has ever put a new nail over the top of the old nail in the siding.If the new nail has a larger head or a rubber washer it seems like this would be an effective method.Anyone ever tried this?

      1. asmith | Jul 14, 2008 09:08pm | #11

        I wouldn't do this.

        On the pieces that were still good, I would fill the nail holes with caulk and paint over them. (she can do this)

        I would cut out and re-caulk the ends (where the siding meets the corner boards and window/door trim). (she can do this)

        If they were really bad, I would either replace the siding and/or shoot another nail (assuming there's a useful nailing platform behind the siding).

        <soapbox>I hope you aren't the realtor that advised this woman to purchase a house that she couldn't afford to paint.  'Cause painting siding is cheap.  Not painting it is expensive.</soapbox>

        1. mrfixitusa | Jul 14, 2008 09:18pm | #12

          This is the world we live in:the buyer is a single woman who does not own a hammer and has never even painted a room in a housethe seller is a single woman who is young and would not know the difference between the siding and the trim boardthe other realtor is a woman who has an attitude problem and doesn't like me.Any more questions?(grin)

          1. shellbuilder | Jul 14, 2008 09:40pm | #13

            Very true Mr fix it. People buy houses, watch the wide screen all night and cant even try to fix anything.  

          2. asmith | Jul 14, 2008 10:21pm | #14

            Good on you.

            Is the buyer hawt?  (did I say that?)

            Either way, you're a good egg for helping her out.

            I highly, highly, highly recommend getting some caulk in those nail holes and on the ends of the siding - even if it doesn't get painted too quickly, which won't make the neighbors happy.

            I realize that most people say you should putty hardboard siding, but in my experience - and on my last two houses - when it got to that point, I just replaced that piece of siding.

            All she needs is an extension ladder, a couple rolls of paper towels and a box of caulk tubes and some instruction...

      2. Jim_Allen | Jul 15, 2008 02:28am | #16

        I come from a state and metro area that takes their paint and caulk seriously. Done right, the lady has great siding. Heres what she needs to do. Go to the masonite site and look at their fix for nails that are countersunk. It's an easy fix. Put a good nail higher up without countersinking it and patch the bad nail hole. I'd probably drive the bad nail all the way through with a punch. That way, expansion and contraction won't push out the patch. Fix all the bad nailing that way. It should have been fixed ten years ago but better late than never. Clean the loose caulk out of the corners. It's probably the wrong kind of caulk anyways if it's dried out and cracking. I'd clean it ALL out. Now...everything is prepped and ready for paint. Note....no caulk yet! Paint the entires surface, siding, trim boards, etc with a good heavy coat of paint. Done right, you will be placing a very large skin around the entire house and all the trim. Now...get a quality, color co-ordinated flexible caulk. Caulk all the trim connections. This is important: put a minimum sized bead as required by the manufacturer of your choice. Typically, a 3/16" gap between different products is minium and will give you a good solid 3/8 bead that will flow into the gap and provide a fair amount for tooling. Tool with any tool that seems right. What have we accomplished? The latex skin is now solidly attached with a quality flexible caulk. The caulk will give as the differing materials move at different rates in different way. Underneath the caulk, the latex skin will stretch and break at the microscopic level because it is very thin and can't stretch enough with the movement that occurs. Don't worry, the top caulking bead will do all the flexing and water will never penetrate. Inspect all caulk joints yearly or at least every five or ten years. This system will never let water in to ruin anything under the latex skin. Bob's next test date: 12/10/07

        1. mrfixitusa | Jul 15, 2008 04:14am | #17

          Wow, you explained that far better than the home inspector and this guy is REALLY sharp and the best inspector there is around here. and he is a retired builder.What you said makes A LOT of sense and I have never had anyone explain it that way.Thanks I appreciate it.

        2. mrfixitusa | Sep 19, 2008 06:02pm | #25

          I was talking to the siding claims rep yesterday and he told me a customer had called him to help file a claimThe customer was preparing to paint his masonite siding and as he was power washing the siding he "blew a hole through the wall" in a place where the siding was softMoral of the story: do not power wash masonite siding

      3. User avater
        Matt | Jul 15, 2008 03:17pm | #18

        >> I'm a realtor working with a single woman who bought a ten year old home with masonite siding

        It appears that the exterior paint is the original paint job.

        When we had the home inspection the inspector expressed concern that some of the nail heads were now below the surface of the masonite siding and spackling needs to be applied and the home painted.

        The inspector also stated the caulking at the end of the siding, where the siding meets the trim board, is now old and dry and has shrunk or fallen out.

        The buyer does not have the money to have the house painted and she can't do it herself.  <<<

        So... The house has a way over-due paint job, wasn't maintained, and the siding possibly wasn't installed properly and you are wondering if you can get some lawyers to help this person who knowingly bought a home in disrepair get some big company to pay for the needed maintenance since she didn't budget for it?  Hehehe... Ure kidding.... right? :-)  BTW - thanks for brightening my day...   Also BTW - DON'T DRINK the COOLAID!!!

         

        1. rasher | Jul 15, 2008 05:21pm | #19

          It's never the buyer's fault, is it? I wonder if she read the mortgage contract she signed. Or does she expect someone to bail her out of that, too?The good lord invented rental housing for a reason.

  4. timkline | Jul 15, 2008 01:45am | #15

    what Jeff Buck said to a "T"

    all the time i spent taking a piece of siding off, photographing it and many other angles.

    then filling out about 16 pages of info, a lot of personal info about the HO.

    in triplicate.

    mailing fees..........

    this thread brings back some bad memories.

    my recollection is that the settlement offer made to the homeowner was such a joke that she told the guy to keep the check.

     

    carpenter in transition

  5. freestate1 | Jul 15, 2008 09:06pm | #20

    Go to masoniteclaims.com

    They will send a claims inspector to assess eligibility and extent of the damage.  They will not pay for a complete reside on any side of the house unless at least 75% of the siding is judged defective (IIRC).  I don't recall how much per sq. foot I got.  It wasn't nearly enough to cover the costs of new Hardie, but it was better'n nuthin'.

     

    1. mrfixitusa | Jul 15, 2008 09:07pm | #21

      Hey thanks for the info!I took some pictures of the house this morning and I'll try to get them on here later todayThanks again!

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