ST. LOUIS (CN) – Gentek Building Products and its parent company Associated Materials sell defective steel siding and fail to honor a lifetime warranty, an unhappy customer says in a federal class action.
Named plaintiff Robert Patrick says the siding warps, cracks, buckles, flakes, peels, splits, discolors and deteriorates. In some cases, he says, it breaks and falls off the building. Patrick claims the defects allow moisture to penetrate the building, leading to water damage. Both defendant companies are based in Ohio.
“In 2010, plaintiff Patrick noticed that his siding was deteriorating in numerous locations,” the complaint states. “In August 2010, plaintiff Patrick filed Warranty Claim 127263 with Gentek. Upon filing his warranty claim, Gentek instructed Patrick to pay $100.00 to have repairs made pursuant to the sidings purported ‘Lifetime Warranty’ (whereby a ‘refinishing process’ would be conducted). Plaintiff Patrick promptly did so. Since September 2010, Plaintiff has had no repairs made to his house by Gentek. Plaintiff has been ignored by Gentek concerning his warranty claim, even after sending $100.00 as requested and making repeated correspondence and phone calls to the company for over one year. In August 2011, Gentek, for unknown reasons, reissued plaintiff another warranty claim number – #00181744. The problems with plaintiffs siding have gotten worse since he filed his ignored warranty claim in 2010.”
The national class includes anyone who has bought Gentek siding since 1986. Patrick seeks actual and punitive damages for breach of warranty and violations of the Missouri Merchandising Practices Act. He also wants Gentek ordered to establish an inspection program and protocol.
His lead counsel is Eric Holland with Holland, Groves & Schneller.