American Cemwood Roof Shake Litigation
Other Roof Product Settlement Notices InspectAPedia® -
American Cemwood Roofing Shake Class Action Settlement Notice & Contact Information
How to Identify Cemwood Roofing Products
Claims for qualifying damage to American Cemwood roofing tiles and shakes, including but not limited to: Permatek, Permatek II, Royal, Cemwood, and Cascade
shakes, and Pacific Slate and Trieste tiles
List of fiber cement & hardboard roof shingle failures, warranty claims, manufacturers
Cemwood roofing failures & warranty information: this website provides information about American Cemwood fiber cement roofing shingles, shakes, and roof failures, including roofing claims information for Permatek, Permatek II, Royal, Cemwood, and Cascade shakes, and Pacific Slate and Trieste tiles or roof "shingles" and includes advice for home inspectors, home buyers, and homeowners where these roofing products are used.
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Several hardboard-based and fiber cement based roofing products have not performed as well as originally anticipated, experienced early failure, and were the subject of roof warranty claims. Masonite Woodruff, Cemwood, Hardishake/Hardislate, CalShake and Fire Free are examples of product names that have suffered these problems. Our page top photograph of asbestos cement roof shingles or tiles is not an image of an American Cemwood product.
Early generations of fiber-cement roofing products using
asbestos fibers were used successfully in the United States
for over 50 years. Articles discussing these products, including cement-asbestos roofing shingles, corrugated roofing, and related products are found at ASBESTOS CEMENT & FIBER CEMENT ROOFING.
Newer formulations of fiber cement roofing tiles introduced in the
1980s and 1990s used wood fibers instead of asbestos and
were marketed widely in the western United States as a
fire-resistant alternative to wood shakes. Made from a
mixture of Portland cement and wood fibers, they weighed
400 to 600 pounds per square and were designed to imitate
slates or wood shakes.
They promised excellent resistance
to insects, fungus, fire, and weathering and carried warranties
ranging from 25 to 50 years. Within five years of installation,
however, many of the fiber-cement shakes began to
deteriorate. Problems included surface crazing, cracking,
delamination, and softening and resulted in a number of
lawsuits against key manufacturers and several companies
abandoning the product.
The problems and failiures in wood fiber cement roofing products were generally
linked to high water absorption, which created an alkaline
solution that was corrosive to the wood fibers. Some fiber cement roofing products have fared better than others. In general,
fiber cement roof products that are steam-cured in an autoclave will
have lower water absorption, but they tend to be more
brittle.
Our photo (left) is of asbestos cement roofing shingles, a product that can usually be easily distinguished from American Cemwood roofing shakes and other members of that product family. We provide further Cemwood roofing identification information below.
The following information was provided by the American Cemwood Claims Administrator. Independent Claims Administrator for American Cemwood Roofing Litigation Settlement, P.O. Box 162, Lancaster, CA 93584. Contact the Cemwood Administrator at 1-800-708-3266.
Quoting from original source (that includes product photos): http://www.cemwoodclaims.com/identify.html
A $75 million additional settlement has been proposed in a class action lawsuit about whether
roofing shakes manufactured by American Cemwood Corporation are defective. Together with a
partial settlement approved in May of 2000, the total settlement fund is now $140 million.
The settlement pays valid claims for qualifying damage to American Cemwood roofing tiles and
shakes, including but not limited to: Permatek, Permatek II, Royal, Cemwood, and Cascade
shakes, and Pacific Slate and Trieste tiles.
SUPERIOR COURT FOR THE STATE OF CALIFORNIA, COUNTY OF SAN JOAQUIN
QUESTIONS? CALL 1-800-708-3266 OR VISIT WWW.CEMWOODCLAIMS.COM. [The American Cemwood Roofing Shakes Settlement Notice is quoted below]
The Plaintiffs said that the Defendants failed to design, formulate, and test roofing shakes manufactured
by American Cemwood Corporation adequately before selling them as durable and suitable roofing
products. They said that the Defendants should have known that the shakes failed prematurely, but that
they did not take them off the market until April of 1998. Claims about personal injury and emotional
distress are not affected by this case.
The Defendants have denied, and continue to deny, each and every allegation and all charges of
wrongdoing or liability of any kind.
In a class action, one or more people called “Class Representatives” (in this case, Roy Richison is one of
the Class Representatives) sue on behalf of people who have similar claims. All these people together are
a “Class” or “Class Members.” One court resolves the issues for all Class Members.
The Court did not decide in favor of the Plaintiffs or the Defendants. Instead, both sides agreed to a
settlement. That way, they avoid the cost of a trial, and the people affected will get compensation.
A partial settlement was previously reached with Weyerhaeuser Company Limited (formerly known as MacMillan Bloedel Limited) and Weyerhaeuser (U.S.A.), Inc. (formerly known as MacMillan Bloedel (U.S.A.), Inc.). Under the partial settlement, a $65 million settlement fund was established, plus a $40 million guaranty to be paid if an additional settlement was not reached with American Cemwood and its
insurers ($105 million in total), and attorneys for the Class Members pursued litigation against the other Defendants, including American Cemwood, and the Defendants’ insurance carriers.
Weyerhaeuser has
already paid $20 million of the guarantee, which will be returned if and when the additional settlement is approved and any appeals are resolved. To date, about $48 million has been paid to claimants. The settlement is currently paying valid claims at a rate of $125 per “square” of roofing shakes.
Notice of the partial settlement and the certification of a Class as to all the Defendants was given to Class
Members in 2000, which also gave Class Members the option to exclude themselves from the Class. On
May 26, 2000, the Court gave “final” approval to the partial settlement, and potential Class Members who did not exclude themselves are legally bound by the settlement and the class certification decision, and can’t bring a separate suit against any of the Defendants about the claims in this case.
The terms of the previous settlement can be found in the Partial Settlement Agreement at www.cemwoodclaims.com.
How to Identify American Cemwood Roofing Shakes, Permatek Shakes, and related products:
There are two primary ways to determine whether or not you have Cemwood or Permatek shakes.
First, if you were involved with the reroofing of your home, you may have your own Cemwood/Permatek records. Such records may include a warranty, contract for installing the product, or proof of payment.
A second way to determine if you have Cemwood or Permatek shakes is to carefully examine the product on your roof. Cemwood and Permatek shakes are formed of a composite of Portland cement and wood fibers. They are a textured product and replicate the look of traditional wood shake.
The Cemwood shakes at left appear to ahve been coated/painted in an attempt to prolong roof life.
Cemwood shakes are tapered. They are 22 inches in length and come in random widths of 12, 7 and 5 inches.
Cemwood roofing shakes were sold in two colors: driftwood (light grey) and umber (dark brown).
On the top side of Cemwood shakes, above the exposure line, the letters "AC" are sometimes imprinted on each shake. [So you'd need to remove some of the roofing to see this marking.]
Permatek ShakesPermatek and Permatek II shakes are uniform in size: 14 inches wide by 14 ½ inches long, and have four different shake-detailed patterns.
Permatek fiber cement roofing shakes were sold in a number of colors: mocha (medium brown), driftwood (light gray), umber (dark brown), greyflash (dark grey) and tanflash (tan).
The word "PERMATEK" is sometimes imprinted on the back side of each shake.
List of Fiberboard & Fiber Cement Roof Shingle Warranty Claims Companies & Websites
Masonite fiberboard Roof Shingles & Siding: Information about Masonite roofing products is at MASONITE WOODRUF FIBERBOARD ROOFING. Contact information is at: Chicago, IL, 312-750-0900 . Cass action settlements involving masonite hardboard, omniboard, woodruff shingles. [Watch out: We found the "official" website www.masoniteclaims.com not useful - basically clicking on its links simply present advertisements - web search 09/28/2010]
Cemwood Roof Shakes: Information about American Cemwood roofing shakes and related products is at AMERICAN CEMWOOD ROOFING. Contact information is at: American Cemwood - imitation wood shakes crack, swell and discolor. The American Cemwood roofing settlement includes Cemwood Shakes, Permatek Shakes, Permatek and Permatek II. Cascade Shake, Trieste Tile, Pacific Slate, Permatek II and Royal Shake. Class action settlement site: www.cemwoodclaims.com or for help identifying Cemwood or Permatek shakes on a roof see http://www.cemwoodclaims.com/identify.html Claims administrator: 1-800-708-3266.
FireFree Plus fiber cement Roof Shakes: Re-Con Building Products roof tiles composed of 2/3 Portland Cement and 1/3 wood cellulose fiber crack, swell and discolor. Cass action settlement site: [Watch out: We found the "official" website www.firefreeclaims.comnot useful - basically clicking on its links simply present advertisements - web search 09/28/2010 & 03/01/2011]
Re-Con Building Products, Inc., a subsidiary of Stone Mountain Holdings, Inc., went out of business and into receivership in October, 2007.
Also see Fire Free Plus Roofing, 4850 SW Scholls Ferry Road # 203, Portland, OR 97225-1692, Tel: (205) 879-5420
George Podrug provided Masonite Woodruf™ roofing information for home inspectors in 1999.
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American Cemwood Claims Administrator, Independent Claims Administrator for American Cemwood Roofing Litigation Settlement, P.O. Box 162, Lancaster, CA 93584. 1-800-708-3266. Websearch 8/18/2010, original source: http://www.cemwoodclaims.com/ For information regarding how to participate in, or exclude yourself from, the Settlement and the Class, object to the Settlement, or for a complete and detailed Notice, Claim Form, Prior Release Claim Form, Registration Form
Masonite Woodruf roofing class action lawsuit: On January 6, 1999, the Circuit Court of Mobile County, Alabama, granted final approval to a settlement in the lawsuit known as Smith, et al. v. Masonite, CV-98-2447. The Settlement provides a program for eligible claimants to recover the costs associated with damage caused by the installation and incorporation of Masonite Woodruf roofing. For more information please call 1-800-256-6990. ® Woodruf is a registered trademark of Masonite Corporation. See http://www.masoniteclaims.com and also see a law firm's Masonite Woodruf class action litigation notice.
Masonite, Chicago, IL, 312-750-0900 (George Podrug provided Masonite Woodruf roofing information for home inspectors in 1999)
Books & Articles on Building & Environmental Inspection, Testing, Diagnosis, & Repair
Our recommended books about building & mechanical systems design, inspection, problem diagnosis, and repair, and about indoor environment and IAQ testing, diagnosis, and cleanup are at the InspectAPedia Bookstore. Also see our Book Reviews - InspectAPedia.
The Home Reference Book - the Encyclopedia of Homes, Carson Dunlop & Associates, Toronto, Ontario, 2010, $69.00 U.S., is available from Carson Dunlop. The Home Reference Book is a bound volume of more than 450 illustrated pages that assist home inspectors and home owners in the inspection and detection of problems on buildings. The text is intended as a reference guide to help building owners operate and maintain their home effectively. InspectAPedia.com ® author/editor Daniel Friedman is a contributing author. Field inspection worksheets are included at the back of the volume.
Problems in Roofing Design, B. Harrison McCampbell, Butterworth Heineman, 1991 ISBN 0-7506-9162-X (available used)
Roofing The Right Way, Steven Bolt, McGraw-Hill Professional; 3rd Ed (1996), ISBN-10: 0070066507, ISBN-13: 978-0070066502
Slate Roofs, National Slate Association, 1926, reprinted 1977
by Vermont Structural Slate Co., Inc., Fair Haven, VT 05743, 802-265-4933/34. (We recommend this book if you can find it. It
has gone in and out of print on occasion.)
The Slate Roof Bible, Joseph Jenkins, www.jenkinsslate.com,
143 Forest Lane, PO Box 607, Grove City, PA 16127 - 866-641-7141 (We recommend this book).
"Weather-Resistive Barriers [copy on file as /interiors/Weather_Resistant_Barriers_DOE.pdf ] - ", how to select and install housewrap and other types of weather resistive barriers, U.S. DOE
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