in construction defect litigation,
our attorneys have built
a solid reputation.

Entran II Radiant Heating Systems 

Gary E. Mason of Whitfield Bryson & Mason was Co-Lead Counsel in Galanti v. The Goodyear Tire & Rubber Company, Civil Action No. 03:209, filed in the United States District Court for the District of New Jersey. The lawsuit involved defective radiant heating systems. In October 2003, the Court certified a 44 state class and conditionally approved a $336 million settlement between The Goodyear Tire & Rubber Company and owners and former owners of property where Entran II radiant heating or snow melting hose was installed. In June 2004, the Settlement was modified and expanded to include present or former Entran II property owners in all 50 United States and its territories and possessions and in Canada.  On October 19, 2004, the Court granted final approval of the settlement. The Court noted that the settlement is "extraordinarily advantageous given the transaction costs which individual plaintiff would have to pursue individual claims" and remarked that Class Counsel "impressed the Court with their professionalism and their talent."

Federal Materials

Whitfield Bryson & Mason 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. The lawsuit arose from concrete manufactured by Federal containing coarse aggregate from a quarry located in Princeton, Kentucky that was owned and operated by Hanson Aggregates Midwest, Inc. and Rogers Group, Inc. Plaintiffs alleged that the coarse aggregate obtained from these parties was alkali reactive, which caused concrete made with it to suffer from a condition known as alkali carbonate reactivity (“ACR”).  ACR, Plaintiffs’ alleged, caused the concrete used in their home foundations and structures to deteriorate, which in turn damaged and distressed their homes and buildings. The parties agreed to settle the case for approximately $10.1 million.  The Court approved the settlement in August 2009.

Synthetic Stucco (EIFS)

Whitfield Bryson & Mason was Co-Lead Counsel in a class action against Dryvit Systems, Inc. arising from Dryvit’s Exterior Insulation and Finish Systems (“EIFS”). In April 2002, a national settlement of this litigation was approved by the Circuit Court. The settlement provided, among other things, immediate cash payments to qualified claims, free home inspections, partial reimbursement of repair costs and 3-year MoistureFree Warranty.