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Construction Defects

Construction Defects

The last decade’s construction boom – in both personal housing and commercial buildings – led to the manufacture and use of massive amounts of materials. Unfortunately, defects are now becoming evident. In fact, there’s been a substantial increase in construction law and defect litigation over the last several years.

At Whitfield, Bryson & Mason LLP, our construction defects lawyers have the skills and experience needed to represent plaintiffs in construction law claims throughout the country. Our lawyers are seasoned professionals with considerable civil litigation experience; we have represented cases across the nation in stucco, mold, Chinese drywall, and other matters involving defective construction products. Owners, architects, builders, associations, and developers turn to us in complete confidence that we have the people, determination, and resources to remain committed to even the most complex litigation. Contact us today for a free consultation to discuss your case.

Some of our construction defect successes include:

Entran II Radiant Heating Systems

Gary E. Mason of Whitfield, Bryson & Mason LLP was Co-Lead Counsel in a lawsuit involving defective radiant heating systems. The lawsuit resulted in a $336 million settlement.

Federal Materials

Whitfield, Bryson & Mason LLP represented homeowners and owners of commercial properties whose homes or buildings were constructed with concrete purchased from Federal Materials, Inc., a supplier of ready-mix concrete in certain parts of Kentucky. Plaintiffs alleged the concrete used in the foundations and structures of their properties deteriorated, and the case settled for $10.1 million.

Synthetic Stucco (EIFS)

Whitfield, Bryson & Mason LLP was Co-Lead Counsel in a class action against Dryvit Systems, Inc., arising from Dryvit’s Exterior Insulation and Finish Systems (“EIFS”). A settlement was reached in the litigation that provided, among other things, immediate cash payments to qualified claimants, free home inspections, partial reimbursement of repair costs, and three-year MoistureFree Warranty.

Current Construction Defect Cases

At Whitfield, Bryson & Mason LLP, our lawyers are committed to continually investigating and pursuing claims of construction defects for our clients. We are currently involved in litigation for a number of different construction defect lawsuits, including:

Chinese Drywall

Whitfield Bryson & Mason LLP is a member of the Chinese Drywall Legal Network, which consists of attorneys who represent homeowners in actions across the nation for damages associated with the use of allegedly defective Chinese drywall in their homes. These cases allege the defective drywall emits sulfur compounds that cause the electrical, plumbing, and HVAC systems in affected homes to corrode, and thereby creates the risk of fire, broken pipes, system failures, as well as degradation of fixtures and personal property contained within the homes.  It is also alleged that the defective drywall poses health risks, including rashes, frequent nosebleeds, and respiratory problems.

LP Trimboard

Our lawyers represent plaintiffs who have Louisiana-Pacific trimboard affixed to their properties.  The plaintiffs in these cases allege that the defendants’ respective trimboard is inherently defective and not suitable for outdoor use.  This is because, as plaintiffs allege, moisture infiltrates the trimboard, leading to decay and rot of the trimboard itself, in addition to the wood or other material it is affixed to.

Zurn Plumbing Systems

The law firm of Whitfield Bryson & Mason LLP represents a putative nationwide class of owners of homes and buildings constructed with allegedly defective Zurn Pex plumbing systems.  In this litigation, Plaintiffs allege the Zurn systems are susceptible to premature failure, which causes serious damage to their structures. The brass fittings used in these plumbing systems are particularly prone to leaking.

KB Homes

Whitfield Bryson & Mason LLP represents homeowners in North Carolina whose homes were allegedly defectively constructed by KB Homes without a secondary weather barrier beneath Hardiplank siding.  Due to the lack of a secondary weather barrier, the exterior walls of plaintiffs’ and class members’ homes do not have an acceptable barrier to prevent moisture and water from penetrating into the wall systems and interiors of the homes.  Without an acceptable barrier, the wall systems have elevated levels of moisture, which can lead to rot and other problems.

Construction Products Currently Under Investigation

Whitfield, Bryson & Mason LLP has identified a number of construction products that consumers are reporting to be defective. If your property contains any of the following construction products, immediately contact us today.

Maibec Shingles

Maibec, Inc., a Canadian company, is a major manufacturer of wood shingles that have been installed in American homes, businesses, and other structures. Throughout the United States, purchasers are claiming alleged design flaws cause the shingles to deteriorate, including cracking, warping, peeling, and curling, during the warranty period.

Tremco Roofing Systems

It has been alleged Tremco, Inc.’s Burmastic 200, 400, and 500 roof systems contain defective products, failing if exposed to cycles of freezing and thawing. Tremco was aware repairs it made to its defective roofing material were inadequate to stop leaks, according to internal communications, yet the company continued to sell the materials.

MI Windows

Throughout the United States, property owners are filing complaints against MI Windows and Doors regarding defects in their 8500 and 3500 Series Windows. Several expert tests and observations concluded the windows are poorly designed and manufactured, permitting water to enter through the windows’ assembly during normal rain events.

Gentek Siding

It has been alleged Gentek steel and aluminum siding was produced with a defect that makes it inclined to chip, crack, break, peel, and/or fade prematurely.  Such defects can be expensive to repair and reduce the value of a home significantly. Additionally, numerous individuals who have experienced problems with their Gentek Siding allege Gentek failed to honor the terms of its warranty, and refused to repair, replace, or refinish its defective siding.

GAF Timberline Shingles

Property owners in several states have recently filed class action lawsuits against GAF alleging their Timberline Shingles prematurely cracked and failed to perform as expected. The current lawsuits against GAF allege that GAF marketed their shingles as meeting national standards even though they did not meet such standards, that GAF management concealed this, and the shingles degrade and crack prematurely.

FlamedXX OSB

FlamedXX OSB is a coated plywood intended to slow the spread of fire in a home or other building. Property owners throughout the United States are alleging FlamedXX breached their warranties and engaged in deceptive business practices.  Despite the company’s holding the product out as code compliant, FlamedXX OSB has not been approved for use as an alternative to fire retardant pressure-treated wood.

Defective Products Practice Area

Construction Defects Consumer Products
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$600M - $1B Defective Chinese Drywall Settlement
$42M Staples Wage & Hour Settlement
$165M Defective Heart-Valves Settlement
$30M Defective Concrete Settlement
$1M Drunk Driver
$1.2M Coal Mine Accident
$3M Neighborhood Bulkhead Judgment
$4.8M Coal Mine Explosion
$1.7M Breach of Contract
$3.5M Shoddy Construction Jury Verdict
$750K Hit and Run Jury Verdict
$681K Breach of Fiduciary Duty
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