Paul Tassin  |  February 15, 2018

Category: Consumer News

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deck stain olympic rescue itAn Illinois woman says Sherwin-Williams deck resurfacing products under the Duckback and SuperDeck brands fail to perform as advertised, leaving the homeowner on the hook for repair and refinishing costs.

Plaintiff Regan Sluder takes issue with the performance of three Sherwin-Williams products: SuperDeck Deck and Dock Coating, Duckback Deck & Dock Elastomeric Coating, and Duckback Deck and Dock Solid Coating.

Defendant Sherwin-Williams acquired the Duckback brand of products in September 2013, Sluder says. The SuperDeck line was introduced in 2015. Sluder says the Sherwin-Williams branded SuperDeck product is identical to the Duckback product.

Both products are used to create a weather-resistant coating on the surface of outdoor wood and concrete surfaces. Sluder says they are marketed to do-it-yourselfers who want to save money by repairing or restoring their outdoor deck and dock surfaces, instead of replacing them.

Promotional materials for the Duckback products claim they can “withstand[] extreme climates and temperature changes” and have the flexibility to adjust to expansion and contraction of the surfaces they’re applied to. Sherwin-Williams says the products can be used to fill cracks up to 1/4 inch wide and to lock down wood splinters for a smoother, more walkable surface.

But according to Sluder, the Duckback and SuperDeck products fail to perform as advertised. The failure creates additional repair or replacement expenses for the property owner, she claims.

“[C]ontrary to Defendants’ representations and illusory guarantees and warranties, the Products are plagued by design flaws that invariably result in peeling, cracking, and bubbling once exposed to the elements,” the Sherwin-Williams class action claims. These alleged defects expose both the products and the deck surface beneath them to the elements, making both of them degrade faster.

The Duckback and SuperDeck class action lawsuit quotes over a dozen negative online product reviews from consumers who say the products failed. Reviewers say they tried all manner of methods to get the products to work – sanding, pressure washing, application both with and without primers, and the like. Yet many report the products began to peel and flake away within a year, and sometimes as early as a few weeks.

Sluder further claims the instructions supplied with Duckback and SuperDeck products are inadequate. Sherwin-Williams allegedly fails to instruct purchasers that their decks must be thoroughly prepared for application of the products by scraping, sanding and cleaning away all old finishes and weathered wood.

Without giving proper prep work instructions, Sherwin-Williams “virtually guaranteed the Products would fail to adhere to the severely weathered wood decks to which they claimed the Products would bring new life,” Sluder claims.

Sluder also says the express warranty that Sherwin-Williams offers on Duckback and SuperDeck products fail to make customers whole. For both products, the company offers only a replacement product or a refund of the purchase price. Sluder points out this warranty fails to reimburse the consumer for the cost of removing the products and repairing the damaged surfaces beneath them.

Sluder is proposing a plaintiff Class that would include all U.S. residents who within the applicable statutory limitations period own a home where Duckback or SuperDeck was applied.

She seeks a damage award that would include treble and punitive damages, restitution of related revenues, and reimbursement of attorneys’ fees and costs of litigation.

Sluder’s attorneys are Edward A. Wallace and Richard L. Miller II of Wexler Wallace LLP, Daniel K. Bryson and Patrick M. Wallace of Whitfield Bryson & Mason LLP, Gregory F. Coleman of Greg Coleman Law PC, and Christopher Jennings of Johnson Firm.

The Sherwin-Williams Duckback and SuperDeck Defective Product Class Action Lawsuit is Sluder v. The Sherwin-Williams Co., et al., Case No. 1:18-cv-01121, in the U.S. District Court for the Northern District of Illinois.

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67 thoughts onSherwin-Williams Class Action Says Deck Resurfacers Crack, Peel, Bubble

  1. William Colville says:

    I have been trying to get Sherwin William Superdeck stain to adhere for 4 years of prepping and re staining nothing works. How do I become part of this class action?

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  2. Sabra Wade Hall says:

    Please add me to this suit in Louisiana

  3. Terry southworth says:

    How do I get added

  4. Fox says:

    I have my receipts. I’m waiting on the claim form

  5. Frank says:

    You obviously have to prepare the deck. Why wouldn’t you have to sand and scrape old peeling stain and clean before applying new. Not saying it’s the best product, but if you put on top of old peeling paint/stains it’s your own dumb fault. Also, I bet all the pressure treated decks out there have splits and cracks in the wood allowing water to penetrate.

    1. Dustin L Corkill-Bomgaars says:

      The product being discussed is meant to be an elastomeric product that “bridges” cracks and seals existing stains. After using all of the (formerly) DuckBack, now Superdeck products, I can tell you they all fail, and do not perform as advertised. I am a professional painter, and have done all of the needed prep work on every surface I tried it on with no success. Each time I was told that there was some obscure (not listed on spec sheets or label) reason that it failed. The deck and dock product has to go on thicker than the viscosity of the product allows, the oil stain leaves puddles of oil that leach out after a short period of time (I was told this was normal and I should wipe down the entire deck with thinner), the waterborne blotches and fades in a matter of months…having stained hundreds of decks, and never having a problem, I know it’s the product and have argued with my sherwin rep repeatedly about it. I will never lose another customer because of this product again…but sherin will I guarantee it.

    2. Susan Vagnino says:

      Frank do some research. This product fails within a few months, even on new wood.

  6. Joseph Haskin says:

    Please add me also to this case for Sherwin Williams deck resurfacing products under the Duckback and SuperDeck brands fail to perform as advertised, leaving the homeowner on the hook for repair and refinishing costs.

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

  7. Jessie Ricks says:

    Please add me

  8. Shirley Palmer says:

    please add me to this claim

  9. JoAnne says:

    Add me

  10. Karrie says:

    Please add me.

    1. Top Class Actions says:

      The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!

      1. Shelley Christian says:

        Please keep me updated on Sherwin williams-sachristian691@gmail.com

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