On November 12, 2004, the Court approved the Settlement of a class action against Stimson Lumber Company, the manufacturer of Forestex Hardboard Siding. The Settlement pays valid claims for qualifying damage to properties clad with Forestex Siding located in Washington, Oregon, California, Colorado, Hawaii, Utah and Idaho. The following Frequently Asked Questions (FAQs) will assist you by explaining the terms of the settlement, and the benefits available to claimants who qualify.
What is this lawsuit and
settlement about?
What does it mean for me?
Why is there a settlement?
What is Forestex siding?
Who is in the Settlement
How do I know if I am part
of the settlement?
How can I tell whether I have Forestex siding?
Are there exceptions to being included?
I'm still not sure I'm included.
The settlement benefits—what do i get
What does the settlement
provide?
How much would my payment
be?
What type of damage is
covered by the settlement?
What type of damage is not
covered by the settlement?
What if I sold—or plan to
sell—my house?
What if I already made a
warranty claim and signed a release?
What happens to my existing
warranty?
If I am included in the
settlement, can I get out of the settlement?
how do i file a claim and get a payment
How can I get a payment?
When would I get my
payment?
Can I file a claim for
damages that have not been repaired?
What if I already repaired
my siding?
What if my siding becomes
damaged in the future?
Who are the lawyers representing the class
Do
I have a lawyer in this case?
How will the lawyers be
paid?
What if i don't like the settlement or my award
May I object to the
settlement terms if I don't like them?
If
I am dissatisfied with my award or determination of qualifying damage may I appeal?
What if i am a class member and i do nothing
What happens if I do nothing at all?
How can i get more information
How do I get more information?
Main
Summary
Notice Detailed
Notice Information
Get a Claim
Form
Settlement
Agreement
Notificación en Español
What is this
lawsuit and settlement about?
In this case, property owners of buildings clad
with a product called Forestex siding, manufactured by Stimson Lumber Company
("Stimson") after January 1, 1985, claimed that Stimson used unfair
and deceptive practices in marketing Forestex siding. The property owners
alleged that the siding prematurely failed by buckling, discoloring,
delaminating, deteriorating and rotting, The lawsuit asserted claims for
replacement cost of the siding and for recovery of attorneys' fees and costs of
litigation. Stimson Lumber Company denied these allegations and any liability
(other than under its warranty) relating to its Forestex siding.
Judge Yu of the Superior Court of Washington in and for King County was the judge in charge of this case, called Gardner v. Stimson Lumber Company, No. 00-2-17633-3SEA. The Court certified the case as a class action. In a class action, one or more people called Class Representatives (in this case, Joy Gardner and Robert Blangeres were the Class Representatives) who the Court finds will adequately represent all claimants sue on behalf of people who have similar claims. All these people together are a Class or Class Members. Thus, in a class action, one court resolves the issues for all Class Members.
Stimson has denied, and continues to deny, each
and every allegation and all charges of wrongdoing or liability of any kind.
After almost four years of litigation, a settlement was reached between the
Class and Stimson.
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What does
it mean for me?
The settlement calls for payments to be made to
people who have qualifying damage found by an independent Inspector appointed by
the judge. Judge Yu appointed an independent Claims Administrator to implement,
and manage the claims process.
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Why
is there a settlement?
The Court did not decide in favor of the Plaintiffs
or the Defendant. Instead, both sides agreed to a settlement. That way, they
avoid the cost of a trial, and the people affected will get compensation. The
Class Representatives and their attorneys believed that the settlement was best
for all Class Members.
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What is
Forestex siding?
Forestex siding was a manufactured hardboard siding
product made from wood fiber, wax, and resins. Forestex siding was manufactured
both in lap (board) and panel (sheet) applications, each available in various
external textures designed to look like conventional lumber siding. Forestex
siding products were manufactured for a variety of external construction uses,
including exterior siding for residential and other structures. Forestex siding
was made until 1997.
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How do I
know if I am part of the settlement?
To see if you are eligible to receive benefits
from this settlement, you first have to determine if you are a Class Member. The
Court has decided that everyone who fits one of these descriptions is a
"Class Member" and can make a claim for benefits:
a.) own property located in the states of Washington, Oregon, California, Colorado, Hawaii, Idaho, or Utah, in which Forestex siding manufactured since January 1, 1985 is incorporated and installed, and have not assigned the claim regarding the alleged damage caused by Forestex siding; or
b.) a subsequent purchaser of such property where a former owner did not retain the right to make a claim regarding Forestex siding; or
c.) a former owner of such property who retained the right to make a claim regarding Forestex siding, or
d.) own or have formerly owned such property and
have previously replaced damaged Forestex siding (see "What if I already
repaired my siding?" below).
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How can I
tell whether I have Forestex siding?
If you are not sure whether you have Forestex siding
on your property, there are steps you may take to find out. You may ask the
builder of your property, or you may remove a board or sheet of the siding and
inspect the reverse side. A stamp with the number AHA 05 typically identifies
Forestex siding. You may also take a piece of your siding to your local building
supply store, which may be able to assist you. As part of the settlement claims
process, you will be required to establish that you have or had Forestex
siding on your property.
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Are there
exceptions to being included?
Yes, there are some exceptions to being included.
All people, associations or entities that made claims or filed lawsuits against
Stimson (other than in this class action), and whose claims or lawsuits were
resolved by full payment, release, arbitration or judicial action are excluded.
Also, if you previously asked to be excluded when notices about this case were
given in 2002, you are no longer a Class Member.
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I'm still
not sure I'm included.
If you are still not sure whether you are included,
you can get help by calling toll free 1-800-427-2763, visiting www.forestexclaims.com,
or mailing questions to Forestex Claims, P.O. Box 1371, Minneapolis, MN
55440-1371.
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What does
the settlement provide?
The settlement provides for payment of claims from
Class Members for Forestex siding that an independent inspector says is damaged.
A settlement fund has been created to pay these claims and the administrative
costs.
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How much
would my payment be?
The amount of your payment will be based on the
qualifying damage to your Forestex siding. Payment amounts will be determined by
a formula that takes into account siding damage in relation to wall size, siding
square footage, the age of the siding, and whether it was properly installed. If
your siding was installed more than five (5) years ago, your payment will be
reduced by 3% for each year (up to a total of 27%) the siding is over five (5)
years old. The payment will also be reduced if you have received any prior
payments for any damage (see "What if I already made a warranty claim and
signed a release?" below). Payments will vary but could
provide money to replace some or all of the siding on a wall or your entire
home.
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What
damage is covered by the settlement?
The Settlement Agreement defines Damage as
follows: (1) thickness swell exceeding 18% of the average manufactured thickness
of the board; (2) edge checking wherein a gauge can be inserted one half inch
into the board; (3) fungal degradation which results in soft board in which
moderate thumb pressure deforms or punches a hole in the board; (4) buckling or
warping of the siding exceeding of ¼ inch between studs placed not more than 18
inches on center; (5) wax bleed or raised or popped fibers on 25% or more of the
surface area of the board; (6) delaminated or cracked primer or primer peel or
peeling, or blistering; and (7) surface welting, or swelling around nail heads.
Damage does not include: (1) intentional, reckless or negligent damage to siding
(unrelated to installation or maintenance); or (2) damage to siding from natural
disaster including, but not limited to, fire, hurricane, flood, earthquake,
earth movement or other "force majure" events.
If more than 25% of a wall section qualifies as
damaged, then you will receive compensation for that entire wall section. If 35%
of the siding square footage of the structure actually qualifies as damaged,
then you will receive compensation for the entire structure. If, using the 25%
provision for finding a wall totally damaged, 75% or more of the siding on the
structure is considered damaged, then you will receive compensation for the
entire structure.
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What type
of damage is not covered by the settlement?
Damage that is caused by the following is not
covered: (1) framing misalignment; (2) substantial variance from Forestex
nailing instructions; (3) permanently installed sprinkler systems that have
sprayed the affected siding; (4) siding within three inches of finish grade or
hardscape; (5) the absence of or improper roof/wall flashing or cutbacks; (6)
failure to comply substantially with Uniform Building Code requirements in
effect at the time of construction for flashing or counter-flashing, including
flashing, counter-flashing, z-flashing, escutcheons, coping and use of sealant
on penetrations of the siding; or (7) lack of ground crawlspace vapor barriers
where there is evidence of continuing presence of standing water or swampy
conditions in the crawlspace.
The independent Inspector must observe that the
above conditions were the only cause for the damage to your siding in order for
your claim not to be paid. You will be compensated (see "What type of
damage is covered by the settlement" above) if
any part of the damage to a particular board is determined to be from qualifying
damage.
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What if I
sold—or plan to sell—my house?
If you've sold your house, you can participate in
the settlement if you previously repaired or replaced damage to your siding and
did not file a claim with Stimson, or if you submitted a claim which was not
fully paid according to this settlement, or if you kept the right to siding
damage claims when you sold the house by an agreement with the buyer. Call toll
free 1-800-427-2763 or visit www.forestexclaims.com
to request a Claim Form. If you are planning to sell your home and keep your
right to make a claim from this settlement, you must tell the buyer about this
settlement and make a written agreement that you get to keep the rights to any
claim for siding damage.
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What if I
already made a warranty claim and signed a release?
You can participate in the settlement even if you
made a warranty claim in the past and signed a release-except if an
attorney represented you and your claim was resolved by full release, an order
by the court, or by arbitration. If you qualify to make a claim, the amount due
you under the settlement will be reduced by the amount of any prior payments you
received for the damaged siding.
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What
happens to my existing warranty?
The settlement provides a seven-year claims
program. The settlement replaces your warranty rights under the warranty issued
with the siding. The settlement term ends on November 12, 2011. After that time,
Class Members can no longer make any claims under this claims program to Stimson
for their Forestex siding.
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If I am
included in the settlement, can I get out of the settlement?
No. If you are a Class Member and did not previously
exclude yourself, you are legally bound and can't sue Stimson about the claims
in this case.
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How can I
get a payment?
First, you must have qualifying damage to your
Forestex siding. Then you must fill out a Claim Form and mail it to Forestex
Claims, P.O. Box 1371, Minneapolis, MN 55440-1371. You may obtain a Claim Form
by downloading one here at www.forestexclaims.com/claimform.pdf
or by calling the toll free number 1-800-427-2763, or by writing to the above
address and requesting that a claim form be mailed to you.
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When
would I get my payment?
Once you get a Claim Form, you must fully
complete it and mail it along with proof of product identification. You can
prove that you have Forestex siding on your building or home by either: (1)
providing a 6" by 6" sample of Forestex siding and certifying that the
sample has been taken from the structure you own; (2) sending a copy of a letter
or receipt from Stimson that confirms that the siding in question is Forestex
siding; (3) submitting a Claim Form with a check for $100.00 (one hundred
dollars), to pay for an independent inspector to verify you have Forestex siding
(this money will be refunded to you if you have Forestex siding); (4) sending an
invoice or warranty, along with photographs of Forestex siding on the exterior
walls of your building or home; or (5) submitting a photograph showing the
Stimson production identification stamp on the back of your siding.
After you have been determined to be an eligible
claimant, an independent inspector will visit your property and ascertain the
amount of qualifying damage that you have. The independent inspector's
information will be sent to the Claims Administrator for payment of your claim
in accordance with the settlement terms. Depending on the number of claims that
are being processed with your claim at the same time, it may take up to 90 days
for a payment to be issued.
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Can I
file a claim for damages that have not been repaired?
Yes.
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What if I
already repaired my siding?
You can file a claim for any repairs you have
already made to your Forestex siding. Once you get a Claim Form you need to mail
it along with proof that your siding was repaired. You need to show that (1) the
siding was Forestex siding; (2) the siding was damaged, (3) the damage was
repaired or replaced, and (4) the costs of any such repair or replacement work.
You need to submit one of the following with your Claim Form: photographs
showing damaged Forestex siding and contracts, invoices, bills or other
documents reflecting the repairs to the siding, or sworn statements from
third persons in the business of inspecting or making repairs attesting to the
inspection, damage and repairs. Claims may not be made for painting alone; only
if siding has been replaced.
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What if
my siding becomes damaged in the future?
You are not limited to making a single claim during
the life of the settlement. If you experience new Damage, you may make
additional claims up until November 12, 2011. Pursuant to the court-approved
settlement terms, there is no cap on the total amount of dollars necessary to
compensate claimants for qualifying damage.
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Do I
have a lawyer in this case?
The Court appointed the following law firms to
represent you in the class action together as co-lead "Class Counsel":
Sandler Ahern & McConaughy, PLLC of Seattle, Washington; Cunningham, Bounds,
Yance, Crowder & Brown of Mobile, Alabama; Levy Ram & Olson of San
Francisco, California; and Berding & Weil LLP of Alamo, California.
You may retain, at your own expense, counsel of your
choice.
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How will
the lawyers be paid?
The Court approved a payment for Class Counsel as
decided by a neutral "arbitrator" for their work on behalf of you and
other Class Members in obtaining the settlement. Stimson was required by the
decision of the arbitrator and the Court approval to separately pay these
attorneys' fees and expenses. Under the settlement, Stimson is also separately
obligated to pay the costs to administer the settlement. Accordingly, none of
these costs will be paid by you - so none of these costs reduce the payments to
be distributed to you and the other Class Members with qualifying damage.
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May I
object to the settlement terms if I don't like them?
No, the time period for objections has passed. The
Court approved the terms of the settlement at a Fairness Hearing that was held
on Friday, November 12, 2004 at the King County Superior Court, Seattle,
Washington. At this hearing, the Court determined that the settlement was fair,
reasonable, and adequate. Accordingly, the time period for objecting to the
settlement has expired.
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If I am
dissatisfied with my award or determination of qualifying damage may I appeal?
If you do not like the determination of qualifying
damage determined by the independent inspector or if you have a complaint about
the handling of your claim, you may present those claims to the Special Master.
The procedures for " appealing" a decision will be available to
claimants when needed.
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What
happens if I do nothing at all?
If you do nothing, that is, if you don't file a
Claim Form now or in the future, you will not get a payment from this
settlement. Unless you previously formally excluded yourself from this
settlement, you are legally bound by the settlement terms and you can not sue
Stimson about the legal claims in this case.
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How do I
get more information?
You may get more information at this web site,
including details set forth in the Settlement Agreement itself, or you may get
further information by calling 1-800-427-2763, or by writing to: Forestex
Claims, P.O. Box 1371, Minneapolis, MN 55440-1371.
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