DeckOver Class Action Says Resurfacer Cracks and Peels Within Months

Seven homeowners say that Behr Premium DeckOver cracked and peeled away from their deck surfaces within months of application.

Plaintiffs Anne Gober, David Wormwood, Aaron Corneail, Charles Weygant, Deborah Durda, Joel Darby, and Bryon Zablotny all allege that Behr Premium DeckOver failed to perform as advertised. Instead of protecting and beautifying their outdoor deck and patio surfaces, they claim, DeckOver bubbled, cracked and flaked away.

The plaintiffs claim they had to spend even more time and money sanding away the remaining DeckOver. Some say they resorted to replacing their decks entirely.

Behr Premium DeckOver is a resurfacer, promoted as a better alternative to stains or paints as a way to protect and maintain outdoor wooden decks and concrete surfaces. According to the plaintiffs, resurfacers are supposed to protect the surface from the elements, fill cracks and fix wood splinters, and last significantly longer than paints or stains.

DeckOver in particular was promoted as an “advanced formula,” the result of “years of research and the latest technology,” according to the plaintiffs.

Behr allegedly promises that DeckOver “revitalize[s] tired decks, patios, porches and even pool decks.” Labeling on the DeckOver can says it “Resists Cracking & Peeling” and provides a “Durable, Mildew Resistant Finish.”

But according to the plaintiffs, DeckOver does exactly what its promotional materials promise it would not do. Within a few months after each plaintiff’s application, DeckOver began to bubble, crack, and peel away from their wood and concrete surfaces.

The plaintiffs, who come from seven different states from New Mexico to Maine, say DeckOver failed similarly in a variety of different climates and seasons. Those who complained to Behr say the company did little more than to offer them more DeckOver. Some say they got no response at all from Behr.

Other DeckOver purchasers have reported similar problems, according to this DeckOver class action lawsuit. Plaintiffs quote several consumer complaints from Behr’s own website, all of whom report that DeckOver began peeling just a few months after they applied it.

Despite DeckOver’s allegedly poor performance, Behr charges a premium price over what consumers might pay for a paint or stain. Plaintiffs say that at $35 per gallon and offering a fraction of the coverage, a project using DeckOver could cost several times more than it would if it used a paint or stain instead.

The plaintiffs are bringing claims under the laws of their seven home states as well as those of California, where Behr is incorporated and has its principle place of business.

Another Behr DeckOver class action lawsuit was filed earlier this summer in an Illinois federal court. Plaintiffs in that action raise similar allegations, saying that instead of protecting their deck surfaces, DeckOver cracked, peeled and flaked away.

Plaintiffs in the California DeckOver class action lawsuit seek to represent a nationwide plaintiff Class consisting of all persons who purchased a Behr Premium DeckOver product within the U.S. They also propose seven subclasses, one for each of the plaintiffs’ home states.

They seek an award of damages, restitution and disgorgement, as well as attorney fees and court costs, all with pre- and post-judgment interest.

Plaintiffs’ counsel are attorneys Jonathan Shub and Kevin Laukaitis of Kohn Swift & Graf PC and Katrina Carroll and Ismael T. Salam of Lite DePalma Greenberg LLC.

The Behr DeckOver Defective Product Class Action Lawsuit is Anne Gober, et al. v. Behr Process Corp., et al., Case No. 8:17-cv-01282, in the U.S. District Court for the Central District of California.

UPDATE: A Behr DeckOver Class Action Settlement has been granted preliminary approval.  According to the settlement website, the claim form will be available on or about August 6, 2018.  Top Class Actions will let our viewers know as soon as the claim form is available.