Class Action Alleges Leaky Roofs Caused By Tamko Shingles Defect

On Dec. 18, Tamko Building Products Inc. was hit with a class action lawsuit alleging its Heritage roofing shingles are affected by a design and/or manufacturing defect that causes cracking, curling, deterioration and leaking.

Lead plaintiffs Jeffery Snyder and Martin and Beth Melnick alleged in their defective shingles class action lawsuit that “Heritage” shingles designed, marketed and sold by Tamko are defective and lead to leaky roofs.

“Heritage shingles are plagued by design and/or manufacturing flaws that result in the shingles becoming brittle, cracking, curling, blistering, degranulating, growing algae, generally deteriorating and leaking,” the plaintiffs allege in the class action lawsuit.

“Yet Defendant continues to sell the shingles to the public and continues to make false representations and warranties despite the fact that the shingles are defective and will prematurely fail – causing property damage and costing consumers substantial removal and replacement costs,” they continue.

The plaintiffs allege that Tamko “failed to disclose these problems to consumers, including Plaintiffs and the Class, and has breached its warranty by refusing to adequately compensate property owners who have been injured as a result of the latent defects,” in their class action lawsuit.

According to the Heritage shingles class action lawsuit, Tamko has been designing and selling home manufacturing products in 1985, directly to consumers and also indirectly, through retailers, distributors, dealers and distributors.

“Heritage shingles are manufactured using the same basic formula: a base that consists of a double-layer fiberglass mat coated on both sides with asphalt, and a top layer of ceramic mineral granules along with a strip of asphalt sealant,” say the plaintiffs in their class action lawsuit.

The plaintiffs allege that shingles in Tamko’s Heritage line prematurely deteriorate, blister and crack far in advance of their warranty. The plaintiffs allege further that Tamko has intentionally hidden these defects from consumers and frustrates their attempts to make claims under their warranty. The plaintiffs also allege that Tamko routinely ignores customer complaints.

The plaintiffs seeks to represent a nationwide Class of “[a]ll individuals and entities that own or have owned TAMKO Heritage shingles, or who own or have owned homes, residences, buildings or other structures located in the United States, on which TAMKO Heritage shingles are or were installed.” The plaintiffs also seek to represent subclasses of California and Connecticut residents.

According to the Tamko class action lawsuit, the plaintiffs seek damages, punitive damages, injunctive relief, costs, attorneys’ fees, and other relief. The plaintiffs accuse Tamko of willful, wanton, reckless, and/or grossly negligent conduct in causing consumers’ homes, residences, buildings and other structures to be in a defective, unsafe and unfit condition for habitation.

The plaintiffs are represented by Richard N. Sieving of The Sieving Law Firm APC.

The Tamko Heritage Shingles Class Action Lawsuit is Snyder, et al. v. Tamko Building Products Inc., Case No. 1:15-at-00998, in the U.S. District Court for the Eastern District of California, Fresno Division.