Tag: Construction

Construction defect attorneys are lawyers that specialize in resolving building defect cases. These cases generally are brought against a builder, developer, or home seller by the home purchaser in an effort to settle a dispute involving defects in the construction of the home. Often, such defects can cause a significant amount of secondary damage to the home, leading to the need for a great deal of expensive repairs. Homeowners seeking damages against the builder for such financial losses often seek the services of construction defect attorneys.

Building defects cases that construction defect attorneys handle range widely in their severity, from minor defects like peeling paint or faded siding to structural issues that can force the demolition of the home in question. Among the most common issues at the root of construction defect litigation are faulty roofing, cracked foundations, water seepage, toxic mold, poor property drainage, building code violations, poor quality workmanship, and inferior building materials.

Construction defects are a fairly common problem for homeowners, occurring in approximately 15% of new homes. While a portion of these defects are immediately obvious to the parties involved upon inspection of the home, others can remain hidden for several years. While it is the responsibility of the builder or developer to resolve building defects in most cases, the homeowner can have a very difficult time securing compensation for a defect that has taken years to discover. Often, the knowledge and experience of construction defect attorneys can help the homeowner prevail in these situations, recovering damages that compensate for the direct damage and the resulting home devaluation.

Construction defect litigation is a very complex field, one that no homeowner who is without legal training should attempt to navigate on their own. With the expertise and experience of good construction defect attorneys in their corner, homeowners can be justly compensated for the hassle and expense caused by building defects.

If you are going through Construction Defect Litigation you can become very stressed out. If you are a homeowner then you are worried about the safety of your family. If you are a contractor then you are worried about the safety of your business. There is a lot of tension that can go along with Construction Defect litigation but there are steps you can take to ease some of that tension.

Let the lawyers do the litigation. Lawyers get paid large sums of money to discuss claims of people and companies during Construction Defect litigation. As a homeowner you do not want to talk directly to the company that has failed you. If you try to do Construction Defect litigation yourself then chances are you will lose your head. Many people try to follow the ideal that if you don’t have anything nice to say then don’t say anything at all. Talk strictly to the lawyers and insurance company professionals in charge of your case. You should get your family out of harms way and then try to distract yourself.

If you are a contractor and you are about to go into Construction defect litigation breathe deep. If you have a good lawyer then you will have no problem during Construction Defect litigation. Do not take anything about your business too personally. If you are not responsible then your lawyer will prove that in Construction Defect litigation. If you are at fault then the best thing you can do is to be gracious after Construction Defect litigation and offer to fix the problem.

If you are a homeowner or a contractor when faced with Construction Defect litigation the best thing you can do is leave it to the lawyers. There is no need for you to get worked up, that is what you have hired people to do for you.

Masonite is a hard, durable wood product with a smooth surface. It is used for many purposes, but one use was as a construction material. Homes that were built in the 1980’s or 1990’s (or renovated in that time period) may have problems with their Masonite siding. 

At first glance, it seems like Masonite would be an ideal type of wood siding—hard, strong, and environmentally friendly. However, Masonite siding can be vulnerable to a variety of problems that might lead a homeowner to make Masonite claims of damages from Masonite manufacturers.  Masonite can buckle, split, or be vulnerable to fungal growths that soften the boards.  It is especially susceptible to water damage. If you would like to know if you are eligible for Masonite claims and you want to find a lawyer, it is a good idea to arm yourself with facts first. Examine your Masonite to see if it has any buckling, softness, or splitting which may make you eligible to collect on a settlement from Masonite claims.  Consider taking a picture of the damage to show your point, and consider having a home inspector make an official report about your Masonite damage.

If you replace your siding, you may not be able to collect on Masonite claims, so check with your lawyer first to make sure that fixing the problem won’t lose you money in the long run.   Damages from Masonite claims vary considerably, so get legal advice before taking action.

If possible, try to determine which company manufactured your Masonite, since  many companies have settled Masonite claims from class action lawsuits.  You can look at the back of exposed boards for a stamp or pattern indicating which company is responsible for your damaged Masonite siding. Alternatively, you can check with the original builder to see what brand of Masonite was used and go from there. It’s a good idea to have as much information as possible before attempting to collect Masonite claims damages.

In order to submit a claim in regards to the Masonite Class Action lawsuit a Class Member must complete certain steps.  The first step to make a claim for part of the Masonite Settlement is to fill out the Claim Form and follow procedures for damage that has not been repaired and correct product identification.  To show that it is in fact Masonite Hardboard Siding a person or business submitting a claim form must submit a 6”x6” sample of hardboard siding, proof of communication with Masonite, a $100 deposit which will be refunded if an Inspector deems the siding is Masonite, an invoice warranty from Masonite or a photograph of said siding with Masonite stamp on it.

Step two for having a Masonite Settlement claim verified is to have an Inspector come out to your home to verify you have compensable damage.  The Independent Inspector will come to your home to perform an independent objective inspection.  The Inspector is not going to discuss your claim but instead going to forward your claim directly to the Independent Claims Administrator.  The Independent Claims Inspector will then determine the size of your Masonite settlement based on the Compensation Formula.

Under the Masonite Settlement an eligible Class Member may make a claim for Un-Reimbursed Expenditures associated with Masonite Hardboard Siding.  To make a claim for this section of the Masonite Settlement you must fill out a claims form, provide proof that the siding in question is Masonite Hardboard Siding, proof the siding was damaged, and the damaged was repaired without knowledge of the Masonite Class Action lawsuit and the cost of the repair.  For proof of this part of the Masonite Settlement you must show photos of the damaged Masonite Hardboard Siding and documents such as bills or an invoice verifying it was Masonite Hardboard Siding.

When you are clarifying Damage under the Masonite settlement there are several things to look for.  Masonite damage would result in swell in the siding exceeding tolerance percentage, fungal degradation resulting in soft boards which when pressed by your thumb a hole is created, fiber bundles, cracking of Colorlock finish, surface welting around nail heads.  Damage under the Masonite settlement is not conditions that require routine painting, damage resulting from any natural disaster or other similar event.

There may be exceptions to Damage under the Masonite settlement if the framing has been misaligned, a sprinkler has sprayed the Masonite, missing nail studs, improper roof or wall flashing or by the failure of a chimney cricket to extend to the edge of the chimney.  An Independent Inspector is the one who will determine if the damage to your Masonite Hardboard Siding fits within the parameters of the Masonite settlement.

The final two steps under the Masonite settlement claims portion of the Masonite Class Action lawsuit state that you are not limited to a single claim and that you have a seven/ten year window to file a claim in.  If you purchased Masonite Hardboard Siding between 1980 and 1989 then you have until January 15, 2005 to make a claim.  If you purchased Masonite Hardboard Siding between 1990 and 1998 then you have until January 15, 2008 to make a claim.  If you want to take part in the Masonite settlement but you have passed the expired claim times then you must solely refer to your Masonite Hardboard Siding warranty.

Many houses built from 1980 to 1998 were sided with a series of Masonite products that did not live up to the advertised performance expectations and new owners of those houses may be interested in learning about the Masonite class action lawsuits that were settled on January 15, 1998 and August 7, 1998, . The lawsuits specifically have to do with products called Masonite Hardboard siding and Masonite Omniwood siding, and they were used externally as an alternative to wood, vinyl, or aluminum siding.

The items involved in the Masonite class action lawsuit are forms of an engineered wood product. Both versions are composed of wood fiber, such as sawdust or wood shavings, that is combined with various waxes, resins, and other materials to form a solid composite material. The siding was distributed in two versions. A lapboard version was manufactured that mimics the look of traditional over-lapped wood siding. The second type involved in the lawsuit was manufactured in full sheets. Both versions were available in various finishes and they were manufactured with textured surfaces that mimicked the grain of real wood.

Both product lines involved in the Masonite class action lawsuits were guaranteed to last a certain amount of time, in good condition. Unfortunately, the products would often swell, buckle, rot, or otherwise deteriorate long before the warranty expired. Sometimes, the failure of the siding would cause other damage to the structure onto which it was installed, by allowing water to come in contact with surfaces that the siding was intended to protect.

Those who have been affected by these products have a limited amount of time to benefit from the Masonite class action lawsuits. The Hardboard settlement will expire on January 15, 2008. Homeowners who have Omniwood siding installed have until January 6, 2009 to file a claim. Those who have suffered loss from these products and whish to join the Masonite class action lawsuits should speak to a lawyer as soon as possible.

Many people used Masonite siding as a material to build their house. Masonite siding ended up being a bad choice in home construction. Over the past decade many lawsuits having to do with Masonite siding have arose. Masonite siding was easily damaged and ruined in many cases, leading to a Masonite siding class action lawsuit.

Since so many people reported damage to their Masonite siding, a Masonite siding class action suit was started to earn money for those who suffered damages to their home. Faulty siding on the outside of your home can lead to a number of more serious problems. The siding or other exterior coating on your home serves as a protective coating against harmful forces such as weather. Rain and snow can cause water damage to your home that can lead to mold and bacteria infesting your home. If mold or bacteria begin to grow in your home, it can lead to more severe, toxic forms of mold and bacteria that can be not only harmful to your house but to you and your family’s health as well. In addition to problems such as water damage, the problems with Masonite siding included the look of the outside of the home. No one wants the outside of their home to look damaged. The Masonite siding class action suit presents a number of problems that resulted from the faulty installation of certain kinds of Masonite siding.

The lawsuits against Masonite siding hurt the sales of this type of siding. If you purchase a home that has Masonite siding you must be very careful. More information on Masonite siding and the Masonite siding class action lawsuit can be found on the Internet. It is important to read about the problems of Masonite siding if you are going to be involved in the purchase of a house that has it.

If your home or another building that you own is experiencing problems that result from poor construction, your first instinct may be litigation.  If you’re choking on mold spores or if your ceiling falls in because of water damage, you may have a good case, especially if your house is newer.  However, construction mediation is a good alternative to litigation that may save you time and trouble in the long run.

Construction mediation means that your attorney will meet with attorneys who represent the builder.  Usually, some sort of compromise will be made, which means that both parties save money on legal costs. You may not win the vast amounts of money you could win by actually suing, but you risk much less in legal costs should you lose.   A settlement reached via construction mediation can be a good way for a builder to avoid the bad publicity associated with litigation, so they will have a strong incentive to negotiate with your attorney.  In addition to saving money on legal costs, mediation is typically less of a hassle than full-blown litigation. 

As part of mediation, you will want to demonstrate the problems your home is having.  It’s a good idea to get an inspector to list the construction problems that have become evident, and to get contractor estimates (on the high end) for what it would cost to fix.   If your construction mediation goes well, you should at least get money to cover your costs of repair, and hopefully you would get additional funds to compensate for the trouble and problems you’ve experienced as a result of shoddy  construction.  Construction mediation is an alternative to the expense and time consumed in litigation, and is often better for both parties. Mediation also can be faster than the process of litigation, as legal cases can take quite a while to be resolved via the court system.

If you have had Masonite siding installed in your home or business chances are good that you have heard of the Masonite Class Action lawsuit against Masonite Hardboard Siding.  The Masonite Siding Lawsuit was brought to the Circuit Court of Mobile Alabama in 1994 and settled on January 15, 1998.  People and businesses all over the country can benefit from the Masonite Siding Lawsuit settlement.

If you have proof of damage associated with Masonite Hardboard Siding then you are eligible to participate in the Masonite Siding Lawsuit.  You must submit your claim form for Masonite siding that is in current state of failure or a claim form for Masonite siding that has already been repaired for your unreimbursed expenses.  You must make sure that you have un-reputable proof that it was Masonite siding that failed such as bills, invoices and photographs.

If you have sold your home or already submitted a claim without the help of an attorney then you are still able to submit a claim.  As long as you have proof that you went through a process of failure due to Masonite Hardboard Siding you are eligible for a piece of the Masonite settlement under the Masonite Siding Lawsuit.  You are entitled to a refund of any amount of expenses that were not covered for your Masonite repair or any amount that was not previously returned to you when you submitted your previous claim without the help of a lawyer.

Before you begin your claim you may want to hire an Independent Inspector to access the damage done to your property.  You will need to have an inspector come out to your home at some time during the process of receiving your Masonite settlement so you want to make sure your claim will fit the guidelines of the Masonite Siding Lawsuit.  If you follow the guidelines set out in the Masonite Siding Lawsuit then you may get retribution for a failed Masonite product in your home. 

If you have used EIFS products to refurbish your home or business only to have it fail not soon after due to water damage then you should speak to a construction law firm.  There is no need for you to have to suffer from water damage that could lead to mold and infections when a good construction law firm can get you compensation for your damages and get the work replaced. EIFS is a great product but if it was installed poorly then it can lead to a myriad of problems.

The folks at construction law firms have seen all the problems that poor insulation and ventilation can cause to your home.  If water gets trapped in your walls and the proper steps have not been taken to assure that water can easily escape then you will end up with mold.  Mold, and specifically black mold, can result in mycotoxins that will get into the air and cause carcinogen gas that can result in lung infections, ear infections, skin infections and flu-like symptoms.

Since removing mold can be a very time consuming and meticulous process, before you call a mold removal service, you should call a construction law firm.  The people at a construction law firm may have dealt with your previous contractors before and will know what the options are for you.  There may be a case pending on the company that you are currently having a problem with and a solution may be in the works for all the people who had work done by these folks.  By calling a construction law firm you will have people who understand what you are going through and who will help it get fixed for you. 

You may want to contact construction law firms before you have an EIFS system or other work done on your home or business.  A construction law firm will be able to tell you if a local contractor has had many problems in the past and what the company’s reputation is.  If you do a little bit of research on the onset of a project it may prevent you from having mold in the end.

In 1994 Judy Naef along with other home owners across the country filed the Masonite Class Action lawsuit that came to be known as the case of Naef, et.al. V. Masonite Copr.,et.al. No. CV944033.  Ms. Naef brought the case against Masonite based on all Masonite Hardboard Siding that had been installed between January 1, 1980 and January 15, 1998.  The Masonite Class Action lawsuit lasted from 1994 to January 15, 1998.

The Masonite Class Action lawsuit was brought up on the basis of faulty product by Masonite.  Ms. Naef and others claimed Masonite was negligent, breached express warranties, and fraud.  It was said that siding manufactured by Masonite on or after January 1, 1980 will rot, buckle, deteriorate, discolor and damage other parts of the said building it was installed into.

On November 15, 1995 the Circuit Court of Mobile County, Alabama declared the Masonite Class Action lawsuit official.  As the Masonite Class Action lawsuit was official a notice was published and “Class Members” were given the ability to opt out of the suit if they so desired.  “Class Members” are defined as people or businesses who own property where Masonite siding has been installed in the period of January 1, 1980 up to January 15, 1998.

In August of 1996 the first part of the Masonite Class Action lawsuit took place to define what defective meant.  At the close of the first part of the Masonite Class Action lawsuit it was decided that in some states the Plaintiff: Masonite, was covered and in some cases the Defendant: Class Members were covered.  At the end of the first part of the Masonite Class Action lawsuit there was no definition of what the settlement should be.

On January 15, 1998 the settlement of the Masonite Class Action lawsuit was determined.  The Circuit Court of Mobile County, Alabama settled on a compromise of action to be taken on behalf of the Defendants: Masonite.  The Masonite Class Action lawsuit was a large trial to make sure that the consumer is not being treated poorly or to poor product by the Masonite Corporation.  Masonite held firm that their product was not faulty.