This class action alleges that Atlas designed, made, and sold defective shingles for many years in many states, and that even though it was made aware of the defects in the shingles, it did nothing to correct them or to inform prospective customers about them.
The shingles were sold to builders, contractors, and suppliers who installed them in homes and other buildings. In product brochures, marketing materials, and product labels, Atlas claimed that the shingles met building codes and other industry standards. It offered a thirty-year warranty to homeowners on whose buildings the shingles were installed.
Atlas claims to be “an industry leader with 17 plants in North America and worldwide product distribution” and says that its roofing products “are designed to give our customers value, design and long lasting quality.”
However, the plaintiffs, residents of Alabama, believe that the shingles did not conform to Alabama building codes or industry standards.
They allege that the shingles were designed and made in a way that allows moisture to enter the shingle, where it creates a gas bubble. This bubble expands in sunlight and permits blistering and cracking, which cause early granule loss, more moisture absorption, and a shorter useful life for the shingles. The shingles must then be replaced sooner than usual. Also, the plaintiffs claim that the shingles’ early failure causes damage to the underlying structures and other property and permits water leaks.
Atlas claims that its shingles will last for thirty years, and that if they don’t, it will remedy the situation. However, the plaintiffs say that their shingles began to fail after only several years’ use. (Their home was built in 2004, and the complaint was filed in 2014.)
The plaintiffs believe that Atlas has received many complaints similar to theirs and that Atlas has rejected some and settled others in a way that does not meet the terms of its warranty and that does not cover the cost of replacing the shingles. The plaintiffs allege that when they submitted their warranty claim to Atlas, it required that they submit shingle samples and documentation that was burdensome or unavailable. They also say that Atlas claimed the shingles were not defective and blamed the problems on weather damage or the installation.
The plaintiffs claim that they must replace the shingles now to prevent any further damage to their homes’ structures or interiors, but that Atlas’s warranties aren’t adequate to the expense.
Article Type: Lawsuit