ATLANTA (Legal Newsline) – Four Georgia residents are suing a building materials company over claims certain of its shingles are defective when sold.
David Buske, Kathy Buske, Robert Pepe and Mari Rollins, individually and for all others similarly situated, filed a class-action lawsuit March 4 in U.S. District Court for the Northern District of Georgia, Atlanta Division against Owens Corning, Owens Corning Sales and Owens Corning Roofing and Asphalt, alleging breach of express and implied warranties, breach of good faith and fair dealing, fraudulent concealment/intentional misrepresentation, negligent misrepresentation, negligence, unjust enrichment, violation of the Magnuson-Moss Warranty Act and violation of the Georgia Uniform Deceptive Trade Practices Act.
The suit states that the defendants represented, advertised, marketed, and warranted that their Supreme brand roofing shingles were durable, reliable, free of defects and compliant with industry standards under a 25-year limited warranty.
However, the suit states these shingles are defective at the time of sale and installation, as they blister when exposed to normal environmental conditions, leading to early granule loss, increased moisture absorption, rapid deterioration and other related damage.
As a result, the plaintiffs and other class members allegedly have had to repair or replace their roofs much sooner than is reasonably expected. Owens Corning has allegedly denied warranty claims.
The plaintiffs and others in the class seek compensatory and statutory damages, declaratory and injunctive relief, disgorgement, interests, costs and attorneys' fees. They are represented by attorneys James M. Evangelista, Jeffrey R. Harris, Darren W. Penn and David J. Worley of Harris Penn Lowry in Atlanta.
U.S. District Court for the Northern District of Georgia, Atlanta Division Case number 1:16-cv-00709-TWT