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This settlement is closed!
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Parties have reached a settlement of multiple consolidated class action lawsuits alleging that decking materials and railings made and sold by Building Materials Corporation of America and Elk Corporation are defective.
Persons may be eligible for a settlement payment if they own decking materials made or sold by Building Materials Corp. or by Elk Corp. that developed damage or mold growth.
A group of more than three dozen plaintiffs brought this consolidated decking material class action lawsuit, taking issue with the durability of certain deck construction materials and railings made or sold by the defendants.
According to the plaintiffs, these materials are not suitable for use as decking materials or railings. They allege the materials are prone to split, warp, shrink or swell, and they are allegedly too vulnerable to growth of mold, mildew or fungus.
Building Materials Corp. has done business under the name GAF Materials Corp. and is now known by the name Standard Industries Inc. The decking materials at issue here were sold under the brands Cross Timbers Decking and DuraLife Decking, and the railings were sold under the brand Railways Railings.
Building Materials Corp. maintains that its products are not defective. The settlement does not require the defendants to admit any fault, and the court has made no determination of liability.
Who’s Eligible
The settlement Class includes persons who purchased the following products:
- 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; or
- 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.
Persons who are permitted transferees of the warranties on these products may also be Class Members, even if they didn’t purchase the products at retail themselves.
Potential Award
Varies.
Individual payments will vary depending on the claimant’s total amount of decking boards or fascia with qualifying damage, the total amount of decking boards with mold, and the total amount of Railways with qualifying damage. Materials, labor, and other costs will be compensated at fixed rates per linear foot of material.
Proof of Purchase
Class Members will be required to “Open A Claim” to begin the process. They will then be sent a Claim Form, Claim number and instructions on what supporting documents they will need to provide. Deck owners who want to benefit from this settlement must “also agree to make your Decking Materials available for inspection, if deemed necessary.”
Claim Form
Claim Form Deadline
2/27/2018 for Mold Condition Claims
3/29/2019 for Qualifying Damage Claims UPDATED
Case Name
In Re: 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
Final Hearing
2/27/2017
Settlement Website
Claims Administrator
Decking Settlement
c/o Heffler Claims Group
P.O. Box 59299
Philadelphia, PA 19102
1-844-528-0185
Class Counsel
Daniel K. Bryson
Scott Harris
Jeremy Williams
WHITFIELD BRYSON & MASON LLP
Defense Counsel
Andrew J. Rossman
Michael J. Lyle
Douglas E. Fleming
QUINN EMANUEL URQUHART & SULLIVAN LLP
Ronald J. Levine
HERRICK FEINSTEIN LLP
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15 thoughts onCross Timbers Decking, DuraLife Decking, Railways Railings Class Action Settlement
Us too. Going to look into this further. We were told that the company went bankrupt and we were out of luck. That was 3 years ago. Just found out today that there is actually a law suit against them!!! Argh.
Wish I knew about the lawsuit. I have two decks 960/ft of deck boards, 136/ft of stair tread, 120/ft of railing and 120/ft of fascia. In 2006 I filed a claim with Elk, sent photos, they sent a check for $150.00 for the fascia. Shortly after that they were bought out by another company. Since then the entire surface has dissolved. It will rub off on your hands, feet and on our dogs. The boards are sagging, warped, cracked and stained with black spots. The deck board retention system isn’t strong enough to hold the boards down. It has left a $30,000 eyesore in our backyard.