Whitfield Bryson & Mason LLP is investigating potential claims that a roofing and construction products company has knowingly sold defective products to commercial builders.
The law firm’s review follows a $60.9 million settlement that RPM International, Inc. and its subsidiary, Tremco, Inc., reached last week with the federal government to recover damages and civil penalties arising from false or fraudulent statements, records and claims.
The whistleblower suit came about when Greg Rudolph voluntarily resigned as a Tremco vice president so that he could go public with the alleged fraud. The government alleged that Tremco failed to provide it with price discounts given to non-federal government customers and that the company marketed expensive materials to government purchasers without disclosing the availability of the same generic materials at lower cost.
Among other charges in the suit are that:
- Tremco knew since the summer of 2005 that its Burmastic roofing systems installed over insulation board had the potential to fail and that indeed many were failing;
- Tremco failed to inform the government of defects in the roofs installed even though the company had known of those defects since 2005;
- Tremco cold roofs containing any of the following products either are defective or will become defective if exposed to cycles of freezing and thawing: composite ply, modified composite ply, premium composite ply, modified premium composite ply, supreme composite ply and modified supreme composite ply;
- Burmastic 200, 400 and 500 roof systems contain defective products.
Tremco was aware that repairs it was making to its defective roofing material were inadequate to stop leaks, according to internal communications, yet the company continued to sell the materials.
“There is substantial evidence that the company has long been aware that its products have latent defects, yet has continued to see that material without correcting the problems,” said Gary E. Mason, WBM founding partner who is nationally known for representing consumers in class actions involving a wide range of defective construction products.
Tremco sells a variety of construction materials, including sealants and adhesives, caulks, glazings, gaskets, waterproofing systems, concrete admixtures and sealers, grouts and mortars.
If you’ve purchased Tremco products and have experienced a roof leak or want further information about whether you can make a claim for past or future damage due to leaks, please call us toll-free at 1-855-WBM-ATTY (1-855-926-2889) or send email to firstname.lastname@example.org.