Despite an effort by Gentek Building Products, LLC and Associated Materials, LLC to dismiss a Gentek class action lawsuit alleging defects in their siding, the suit will be allowed to continue. Judge Benita Y. Pearson in the United States District Court in the Northern District of Ohio, Eastern Division has ruled that there are insufficient grounds to throw out a class action suit against the siding manufacturer. The lawsuit is filed by nine homeowners who allege that Gentek’s aluminum and steel siding has considerable defects that cause the paint to peel and that the manufacturer has not upheld its warranty.
Gentek allegedly sold siding that did not stand up to the claims of the manufacturer.
The “Lifetime Warranty” offered with the sale of their metal siding states that: “Gentek warrants against the siding containing manufacturing defects which result in cracking, chipping, flaking, peeling or splitting, as well as manufacturing defects which cause perforation or deterioration of the steel substrate due to rust. If your siding shows manufacturing defects within the first three years from the date of installation of the siding, [Gentek/Alside, Inc] at its option, will either repair, refinish or replace the defective siding at no cost to the property owner.” According to the complaint, Gentek offered to repaint the affected area or pay the owners a "small amount of compensation.” The complaint asserts that neither of these is acceptable considering the liability of the Defendant under the warranty.
The decision to allow the class action complaint to be taken to court has far-reaching implications considering thousands of homeowners have experienced delaminated paint on their siding. Because Gentek allegedly sold siding that did not stand up to the claims of the manufacturer and did not satisfactorily fulfill its obligations under the warranty, those affected may be entitled to compensation for damages. If you or someone you know has experienced Gentek siding problems, it may be possible to participate in a class action lawsuit to possibly recover the cost of repair. Contact a dedicated Gentek lawsuit attorney by completing the form on the right to find out if you have legal recourse to seek compensation for damages.