This lawsuit alleges that Heartland cedarMAX insulated vinyl siding is defectively designed and can not withstand normal exposure to the heat and sun and will prematurely warp, ripple, bug and fail during normal exposure to summer heat and solar absorption.
Plaintiff are Minnesota residents that own a home with “Pueblo”-colored cedarMAX vinyl siding manufactured by ProVia. From 2013 until the date of this lawsuit, the complaint chronicles how the plaintiffs attempted to get Provia to replace their defective siding under the 50 year warranty. The plaintiffs met with first limited and then no success and therefore were forced to bring this suit.
The warranty is of particular concern in this case. The vinyl siding is warranted for 50 years to the original purchaser of the siding to not chip, fade, corrode, crack from normal exposure to the elements. The lawsuit further alleges that the warranty is transferable to subsequent owners.
Given the plaintiffs faded vinyls siding and other problems with the Heartland cedarMAX vinyl siding, the The complaint alleges that ProVia:
- Breached its express warranty by failing to replace the damaged siding;
- Breached its implied warranty contained in all commercial transactions unless waived;
- Negligence in the design and installation of the siding;
- Consumer Fraud for selling knowingly defective siding;
- Unlawful Trade Practices again for selling defective products;
- Deceptive Trade Practices by concealing the known defects; and
- False Advertising for again overstating the durability of the siding.