February 21, 2021 – Plaintiffs Reach Agreement with Sherwin Williams, Case Dismissed
According to court documents, an agreement has been reached to resolve the case referenced on this page. The agreement, however, looks to pertain to the individual plaintiffs’ claims only and, as a result, the case has been voluntarily dismissed and marked as “closed.”
The stipulation of voluntary dismissal notes that “[n]o class has been certified and no motion for class certification is pending.” This means relief in the form of a class action settlement is not forthcoming.
If you have questions about your rights regarding the products referenced on this page, please reach out to an attorney in your area. Most offer free consultations.
January 26, 2020 – Parties “Optimistic” About “Reaching an Agreement”
A telephone status conference held at the end of December 2020 revealed that the parties involved in this litigation are “engaged in productive conversation” and “remain optimistic about reaching an agreement,” according to court documents. An update as to whether the parties can resolve the case is expected shortly.
No additional information is available at this time. Check back soon for updates and sign up for our weekly newsletter right here.
May 28, 2020 – Negotiations Stalled
According to the docket for this case, the parties involved were “unable to reach an agreement.” No physical document was available at the time of this posting. Keep checking back for updates.
March 10, 2020 – Negotiations Continue
According to the docket for the case mentioned on this page, both sides involved “continue to negotiate” in an attempt to resolve the claims presented by the suit. Any updates will be posted to this page. In the meantime, you can sign up for our newsletter or check out our open list of investigations.
July 13, 2019 - Investigation Closed
Thank you to everyone who contributed to this investigation. At this point, the attorneys have what they need and no longer need to hear from people who have had issues with the product. Our list of open investigations can be found here.
At A Glance
This Alert Affects:
Anyone who experienced problems with Superdeck protective coating products. These may have been sold under the Sherwin-Williams or Duckback brand names.
What’s Going On?
Attorneys are investigating reports that Superdeck coating can chip, peel, crack and blister within months of application.
Attorneys working with ClassAction.org would like to hear from anyone who used a Superdeck protective coating product and noticed peeling, cracking or other deterioration after application. They have reason to believe the products are defective and cannot live up to claims that they are “the perfect choice to refinish old and damaged wood.”
What Problems Are People Reporting with Superdeck?
A number of issues have been reported by people who treated their decks with Superdeck products, sometimes within months of application.
These problems include:
It is believed that once cracks develop in the coating, moisture can seep down into the wood and cause decay. Furthermore, homeowners allege that they are forced to spend tremendous amounts of time removing the Superdeck finish, as it does not lift off the surface easily.
Lawsuit Filed Over Superdeck, Duckback Products
In late 2017, a lawsuit was filed against the Sherwin-Williams Company, claiming it was responsible for damage caused by the following products:
Duckback Deck & Dock Elastomeric Coating
Duckback Deck and Dock Solid Coating
Superdeck Deck and Dock Coating
The suit claims the products are “plagued by design flaws” and are falsely marketed as having the ability to extend the life expectancy of an old deck, when in reality, they can cause decks to fail within months of applying the coating. Attorneys are now looking into all Superdeck protective coating products, which may have been sold with the Duckback or Sherwin-Williams logo.
What Does the Suit Claim the Issue Is?
The suit against Sherwin-Williams, which purchased Duckback in 2013, claims the issue stems from the products’ “film-forming” finish, which is similar to paint. The lawsuit alleges that these types of finishes should not be used on decking surfaces because of the inherent characteristics of the wood and the conditions to which decking is exposed. Decks can be subjected to repeated “wet-dry” and “freeze-thaw” cycles, as well as aggressive sunlight and repeated foot traffic, the suit says. Because of these conditions, the lawsuit continues, the finish “will inevitably crack” when applied to a wooden decking surface.
How Could a Class Action Lawsuit Help?
A class action lawsuit could help homeowners get their money back for work done to their decks after they failed. Furthermore, a court could order the manufacturer to change the formula behind its protective coating products.
Consumers Claim Superdeck Is Causing Stains, Peeling and Other Problems
The following are some complaints cited in the lawsuit against Sherwin-Williams [sic throughout]:
“We used the Sherwin Williams Super Deck Duckback brand and had it professionally installed. The deck was 8 years old and we wanted to change the color. We had some questionable boards replaced to make sure the deck would be good for another 8 years. One year after we installed we noticed black mold appearing and some boards starting to rot, then a few months later some boards were rotting all the way through. This product is terrible, had the installer and a SW rep come and inspect and say they aren’t going to do anything, although they did say they made the formula better now!”
“This product is defective. Within 3 months of being applied to 4 decks at my home, the stain started coming up in sheets everywhere. My contractor up until now had been using Sherwin Williams products exclusively for 30 years. Photos were taken of the mess, samples were sent to a lab, a regional rep came to the house. Sherwin Williams refused to own their problem and was absolutely no help! The decks had to be stripped and sanded down…I split the cost of labor with my contractor so that he wasn't out 25 hours of work redoing what Sherwin Williams wrought on the exterior of my home. Between the contractor and myself we paid for this job twice.”
“Even the parts of the deck that does not get any foot traffic was blistering and coming off. The second time we applied it, we made sure that weather conditions were favorable, that it was dry…What is even worse, is that now we can`t put an oil based over a water based paint unless we sand it all off again. This is the first time I have written a review because I have spent so much time, money and effort on this project only to have to do it again, and the same thing happens! I hope if you choose to use this product, you will have better luck.”
“My deck is 15 years old…The Deck was getting a color change and also gets weathered so we asked the painters advice and they recommended this because it will fill in small cracks and such and be more durable. Well wrong, wrong wrong. The painters rolled it too thins and as it is a thick product it never filled in many of the smaller cracks and in left a varied finish on the deck where you can tell the difference in thickness. It looks bad, and because of the way it sits I find it hard to believe that this stuff won’t just chip and peel off in a few months after a few bouts of rain and sun and then once winter comes and this stuff expands and contracts I bet I will be redoing this deck far sooner than I ever had to with the previous brand stain that was on the deck for 15+ years. This is the second SW product I am disappointed in, but for whatever reason the painters around here use SW. Next time I will pay extra to use the products I want to use.”
If you had similar problems after using Superdeck, you may be able to get your money back for repair work through a class action lawsuit.