Damaged siding class action lawsuit?

Buccaneer · 06-20-2006, 02:32 PM

There's an independent claim adjustor going around Colorado on behalf of the defective siding (masonite) class action lawsuit. A search does show the lawsuit and the scope of processing claims. We made an appt with the adjustor since she was going around door-to-door in the neighborhood and walked me through the claim process. After our appt in which they will measure and inspect, we get a check from the lawsuit. It does appear to be legitimate but I wonder what's the catch? I understand that the independent contractor would get a fee, so that's their incentive, but why solicite homeowners to give money to? I had not heard about this so I would not have filed a claim. Have any of you dealt with this and why would they hand out money like that?

albionmoonlight · 06-20-2006, 02:37 PM

Once you accept money from the class action lawsuit, you are bound by that settlement. You cannot later bring a suit against the tortfeasor. So companies that screw up--once they are caught and the lawsuits become inevitable--like to get as many people bound by the class action as possible.

The plaintiffs' lawyers want as many people in the suit as possible because the larger the award, the larger their take will be.

Basically, in your case it sounds like the company knows that it screwed up and wants to just make it right and get you off their books as a potential guy who may sue them later on.

tarcone · 06-20-2006, 05:23 PM

my real estate agent told me this lawsuit ended the 1st of this year
we had masonite on our home and when we sold he said he would look into it and came back with that statement
i would be curious to see if he lied to me

kcchief19 · 06-20-2006, 05:56 PM

There are a variety of different siding products covered by the class action suit sold by multiple companies under different product names. The time out of the class action suit depends on the product. Some have expired, some have not.

Albion's got it right largely -- The companies involved like Georgia Pacific and the rest have been somewhat aggressive in going out to find claimants so they can get it over with.

The catch is the independent contractors. Here in Kansas City, most of these guys are get-rich-quick scammers without a real job who try to round up as many warm bodies as they can. The cut varies -- I've heard some of these clown take as much as 50 percent of your settlement claim as their fee. There is also a certain amount of risk in that there have been cases where the independent contractors have gotten people without masnoite siding to claim they have it so they can get money. If they get caught, I'm sure there the companies have some recourse.

I know there is a joker doing this in my neighborhood and plastered signs all over the neighborhood advertising his services -- except my entire neighborhood was built after this form of masonite siding was discontinued from use.

Buccaneer · 06-20-2006, 06:04 PM

Thanks for the info. The contractor here is Capital Claim Consultants and they have plastered the Denver/Boulder and Southern Colorado BBB logo all over their literature.

06-20-2006, 02:37 PM	#2
albionmoonlight Head Coach Join Date: Oct 2000 Location: North Carolina	Once you accept money from the class action lawsuit, you are bound by that settlement. You cannot later bring a suit against the tortfeasor. So companies that screw up--once they are caught and the lawsuits become inevitable--like to get as many people bound by the class action as possible. The plaintiffs' lawyers want as many people in the suit as possible because the larger the award, the larger their take will be. Basically, in your case it sounds like the company knows that it screwed up and wants to just make it right and get you off their books as a potential guy who may sue them later on.

06-20-2006, 05:23 PM	#3
tarcone Coordinator Join Date: Jul 2004 Location: Pacific	my real estate agent told me this lawsuit ended the 1st of this year we had masonite on our home and when we sold he said he would look into it and came back with that statement i would be curious to see if he lied to me

06-20-2006, 05:56 PM	#4
kcchief19 Pro Starter Join Date: Oct 2000 Location: Kansas City, MO	There are a variety of different siding products covered by the class action suit sold by multiple companies under different product names. The time out of the class action suit depends on the product. Some have expired, some have not. Albion's got it right largely -- The companies involved like Georgia Pacific and the rest have been somewhat aggressive in going out to find claimants so they can get it over with. The catch is the independent contractors. Here in Kansas City, most of these guys are get-rich-quick scammers without a real job who try to round up as many warm bodies as they can. The cut varies -- I've heard some of these clown take as much as 50 percent of your settlement claim as their fee. There is also a certain amount of risk in that there have been cases where the independent contractors have gotten people without masnoite siding to claim they have it so they can get money. If they get caught, I'm sure there the companies have some recourse. I know there is a joker doing this in my neighborhood and plastered signs all over the neighborhood advertising his services -- except my entire neighborhood was built after this form of masonite siding was discontinued from use.

06-20-2006, 06:04 PM	#5
Buccaneer Head Coach Join Date: Oct 2000 Location: Colorado	Thanks for the info. The contractor here is Capital Claim Consultants and they have plastered the Denver/Boulder and Southern Colorado BBB logo all over their literature.

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