The proposed class action lawsuit filed in Pennsylvania alleges fraud, negligence and breach of warranty.
In May 2012, a federal appeals court ruled that Owens Corning could be held liable for these allegedly defective roof shingles even though the company filed for bankruptcy.
Property owners who experienced problems with certain Owens Corning roofing shingles may have legal recourse. In 2009, the company was hit with a class action lawsuit alleging that its Oakridge Shadow 40-year shingles are defective, in that they deteriorate far before the expiration of their warranty periods. Recently, a federal appeals court has ruled that this case can proceed, despite the company’s bankruptcy reorganization, allowing property owners the chance to seek compensation for property damage related to their shingles problems.
Owens Corning Shingles Lawsuit: The Allegations
The pending class action lawsuit was filed by a Pennsylvania woman whose home was outfitted with the Oakridge Shadow shingles. The women claims that ten years after the shingles were installed, her roof began to leak. Allegedly, her only available option to prevent further damage was to replace the entire roof at her own expense.
According to the lawsuit, Owens Corning failed to properly test its shingles for common conditions which could damage the shingles. As a result, the shingles could deteriorate far in advance of their life expectancy by cracking, curling and de-granulating, the suit claims. For those with failing shingles, the company refused to pay for replacement roofing, even though the shingles were warranted for up to 40 years, according to the class action lawsuit.
Allegedly, consumers were led to believe that these shingles would last for decades, as they were advertised as "durable" and "long-lasting." Reportedly, Owens Corning marketed these shingles, in particular, as providing enduring value and premium protection due to the materials with which they were constructed. It has been alleged, however, that the company hid facts about the design of the shingles which would have prompted most consumers to purchase an alternative product.