Cross Timbers Decking, DuraLife Decking, Railways Railings Class Action Settlement

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

CLICK HERE TO OPEN A CLAIM »

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

www.DeckingSettlement.com

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