The Owens Corning Shingles lawsuit claims that homeowners have suffered damages caused by the shingles since they were first installed in 1986. The lawsuit cites counts related to product liability, warranty, and unjust enrichment, as well as breaches of contract. Owens Corning is the second largest asphalt shingle manufacturer in the U.S. and one of the largest manufacturers of industrial specialty shingles. However, it has been accused of shoddy work and poor workmanship, which has made many homeowners feel uncomfortable with the shingles.
Unprofessional installation
A new class action lawsuit against Owens Corning has been filed by four Georgia residents. They claim that the building materials company has a history of misrepresenting its products, including shingle quality. They also claim that the company has not properly tested its products for typical conditions, which means that the shingles routinely deteriorate before their warranty expires. Regardless of the cause, Owens Corning is liable for improper installation, as well as defective products.
The case seeks both monetary damages and an injunction to force the defendant to replace the Plaintiff’s Shingles. However, such a request would be futile because the plaintiffs’ arguments are not supported by any evidence that the defective Shingles were improperly installed. To succeed in the case, the plaintiffs must prove that Owens Corning was negligent by failing to provide a warranty.
Manufacturing defect
In a recent class-action lawsuit, a woman is claiming that defective shingles from Owens Corning Roofing & Asphalt caused her home to leak and eventually collapse. She is seeking damages from the company, the manufacturer, and her insurance carrier for the costs incurred due to her home’s damage. She also claims that she is entitled to a warranty covering the costs of a new roof.
The plaintiffs’ claim is based on their failure to provide warranties to homeowners. Defendants argue that a negligence claim cannot be brought because the Plaintiffs did not suffer a personal injury or property damage. However, the Plaintiffs have failed to establish that this failure to honor the express warranty constituted deceptive trade practices. The Court will need more specific allegations to determine whether the Plaintiffs are entitled to damages.
Warranty
The plaintiffs in the Owens Corning Shingles warranty lawsuit allege that the Defendants are negligent in failing to adequately test and manufacture the shingles and in their refusal to honor warranties for defective shingles. The warranty runs for forty years, and plaintiffs claim that they were denied a replacement shingle because they were not the original owner. Despite the lack of replacement shingles in the market, Owens Corning has not changed the design of its shingles or the procedure for making warranty claims.
Although the Platinum Protection Roofing System is a product line, it does not cover the underlying roof decking or the underlying roofing structure. The manufacturer’s observations also affect the shingle warranty coverage. This includes observing installation defects, product selection, underlayment, nailing schedule, and condition of the roof deck. The warranty also addresses mechanical damage, such as ice dams, which can occur due to improper installation.
Attorneys’ fees
A recent case involving the denial of attorneys’ fees in an Owens Corning Shingles lawsuit has put the company’s bankruptcy defense strategy to the test. While the company did retain some causes of action in the bankruptcy case, it also retained all claims that arose before the bankruptcy plan’s confirmation in 2006. This means that customers who installed shingles before the date of confirmation of the plan can still pursue their warranty claims in bankruptcy. In this case, the district court’s denial of attorneys’ fees is also significant because the lawsuit was brought before the bankruptcy court.
In addition to damages, plaintiffs are also claiming attorneys’ fees incurred through the litigation process. In addition to recouping their costs, plaintiffs are also asking the court to impose a counsel fee award on future warranty claimants. This is a particularly egregious claim given that the plaintiffs do not seek to recover these fees from similarly situated parties. Thus, the plaintiffs are asking the court to impose the award on future warranty claimants who may sue Owens Corning.
OSHA falsified records to qualify for lower pay in 2021
The lawsuit claims that Owens Corning failed to ensure its employees were safe in the workplace by not meeting OSHA standards, and employees falsified documents to obtain a lower pay check-in 2021. Eventually, the company realized the flaw and began to fix the situation. OSHA is required to provide employers with a notice about serious violations of the law, and the company has been under scrutiny for falsifying records for years.
The suit argues that the employer must compensate the workers with less pay for the same job, and this is not possible unless the employees had actual injuries or were severely injured. OSHA’s ETS requires workers to provide adequate fall protection and conduct safety inspections. It also requires contractors to make sure that their employees have fall protection. In its press release, OSHA argues that it is unlikely that the new regulations will be enacted until after February 9, but the decision is likely to affect employers outside the Fifth Circuit.
Damages
The damage to a home from an Owens Corning shingle deterioration lawsuit can be enormous. The company sells expensive shingles that fall apart in less than three years, yet fail to meet industry standards. The consumer pays the price, only to find out that they have a crooked roof that is still leaking three years after installation. This is where a lawsuit against Owens Corning makes sense.
In addition to the warranty claim, the Plaintiffs argue that the company was misleading consumers through its marketing. Plaintiffs were promised that their Shingles would last 15 to 20 years. Even though the company did not deliver on its promise, Defendants retained the profits that they should have returned to consumers. Furthermore, the plaintiffs haven’t shown that they bought Shingles in the future and, therefore, will not benefit from an injunction regarding the Defendants’ marketing scheme.
