If You Are A Current or Former Owner of Property On Which Louisiana-Pacific Composite Decking and Railing Are or Have Been Installed, You Could Get A Payment From A Class Action Settlement.
A class action settlement has been reached in a class action lawsuit pending against the Louisiana-Pacific Corporation (“Louisiana-Pacific” or “LP” or “Defendant”) in the United States District Court for the Northern District of California (styled Carol Postier et al v. Louisiana-Pacific Corporation, Class Action Case No. C 09-3290 JCS) alleging, among other things, that Louisiana-Pacific manufactured defective composite decking and railing materials under the brand names ABTCo, LP, Veranda and WeatherBest used on homes, residences and buildings or other structures located in the United States since the decking products purportedly were subject to premature failure or otherwise did not perform in accordance with reasonable expectation of users, according to the Louisiana-Pacific ABTCo, LP, Veranda & WeatherBest Composite Decking & Railing class action settlement notice.
Louisiana-Pacific ABTCo, LP, Veranda & WeatherBest Composite Decking & Railing class action lawsuit settlement class members reportedly include the following persons, unless otherwise excluded:
All persons who own or owned LP Decking or Railing Materials sold under brand names ABTCo, LP, Veranda and WeatherBest.
The Louisiana-Pacific ABTCo, LP, Veranda & WeatherBest Composite Decking & Railing class action settlement reportedly provides that if settlement class member’s decking or handrails has any Deterioration as defined by the Settlement, LP will replace the entire deck or handrails at no charge to the settlement class member. The settlement agreement reportedly provides that:
“Deterioration means a premature oxidation of the polymer in the boards which is observable as any visible surface flaking, visible crumbling, or visible peeling which presents a risk that the boards will break under normal use within the Claim Period, except as follows: (i.) the surface flaking, crumbling, or peeling will only constitute Deterioration if the board has begun to disintegrate or separate into distinct elements or parts; and (ii.) the conditions listed as Damage are not, by themselves, Deterioration; and (iii.) Deterioration does not include Cosmetic issues and conditions caused by Improper Use.”
If a Louisiana-Pacific ABTCo, LP, Veranda & WeatherBest Composite Decking & Railing settlement class member’s deck (decking or railing) is Damaged as defined by the Settlement, but does not present a risk of structural failure, settlement class members will reportedly be offered a cash payment for the Damaged material. The settlement agreement reportedly provides that:
“Damage means, and is explicitly limited to, Core Gaps, Cupping, Crowning, Splitting, Termite Damage, and Warping, except as follows: Damage does not include Cosmetic Issues and conditions caused by Improper Construction, Improper Installation, and/or Improper Use”.
Louisiana-Pacific ABTCo, LP, Veranda & WeatherBest Composite Decking & Railing settlement class members reportedly may receive benefits only if their decking or railing has experienced Damage or Deterioration and if they complete the applicable Claim Form within the Warranty Period applicable to their product (i.e., LP and WeatherBest Decking & Railing is 10 years from the date of installation; ABTco and Veranda Decking & Railing is 15 years from the date of installation).
A class action settlement Fairness Hearing or Final Approval Hearing is scheduled to be held on February 4, 2011, at 9:30 a.m. at the United States District Court for the Northern District of California, 450 Golden Gate Ave., Courtroom A (15th Floor), San Francisco, California 94102.
For more information on the Louisiana-Pacific ABTCo, LP, Veranda & WeatherBest Composite Decking & Railing class action lawsuit settlement and/or for updates on the class action settlement, visit the Louisiana-Pacific ABTCo, LP, Veranda & WeatherBest Composite Decking & Railing class action settlement website:
www.lpdeckingclass.com
If You Have Thoughts On The Louisiana-Pacific ABTCo, LP, Veranda & WeatherBest Composite Decking & Railing Class Action Lawsuit Settlement, Share Your Class Action Settlement Comments Below.
After reading the Notice of Settlement, it really doesn’t look very robust. If we file a claim under this class action it appears we will receive a %age of the cost of the decking material. It will cost of thousands of dollars to have it reinstalled. Am I the only one that thinks this is a bad deal for the consumer? I guess we could take it to small claims court. Anyone have a comment on that.
We spent $11,000 on our deck. It’s going to hell. Did all the paper work, got inspected, got a settlement of $86. I’m insulted. From the deck, it’s a 9ft. drop to a stone patio. If anybody falls through, they’ll sure know who to sue.