Answers to Common Questions
Below you will find answers to common questions about the Settlement.
These answers provide a general reference only. Please refer to
the Long Form Notice for more detailed
information. If after reading this you still have questions you
may click here to send a question to Class Counsel.
What is the litigation and settlement about?
How do I know if I have Weyerhaeuser brand hardboard siding?
Is all Weyerhaeuser siding included in the settlement?
What type of siding damage is included under the approved settlement?
What kind of installation or building design errors will the independent inspector look for?
What if I own a condominium, townhouse, rowhouse, duplex or triplex?
Are mobile homes (or manufactured houses) included in the approved settlement?
Am I eligible to make a claim under the settlement?
Has the settlement been approved?
How do I benefit under the approved settlement?
Is there a total settlement fund or phased funding?
Can I fix my siding now and still participate in the settlement?
I filed a warranty claim for damaged siding already, can I still participate in this settlement?
I sold a house with Weyerhaeuser brand hardboard siding. Can I file a claim?
I am experiencing problems with my Weyerhaeuser siding right now, what can I do?
I believe I am a Class Member, what do I need to do to participate?
If I opt out can I file a claim or get compensation under the settlement?
Who is representing me in this litigation?
Who can explain the settlement to me in more detail or answer my specific questions?
Is everyone who has Weyerhaeuser brand hardboard siding a Class Member?
How can I get a copy of the approved settlement agreement?
Can I only make one claim under the approved settlement?
What if I don't want to be part of the approved settlement?
What happens if I exclude myself (opt-out)?
How do I object to the approved settlement?
What are the attorneys' fees paid to Class Counsel?
What is the litigation
and settlement about?
A: This lawsuit was presented in the Superior Court of California
in and for the County of San Francisco, Civil Action No. 995787.
In this litigation, plaintiffs alleged that Weyerhaeuser brand
hardboard siding prematurely fails and sought compensation for
themselves and other owners of property on which the siding has
been installed for alleged damages. Weyerhaeuser denies all such
allegations. The parties have entered into a proposed nationwide
class action Settlement, notice was disseminated, a hearing was
held and the Court approved the Settlement on December 22, 2000.
For more information please refer to the Long Form Notice.
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A: With certain exceptions explained in the long form Notice,
you are a Class Member if you own or owned structures in the U.S.
on which Weyerhaeuser brand exterior hardboard siding has been
installed from January 1, 1981 through December 31, 1999. Please
review the Long Form Notice for more
information about who is a Class Member.
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How do I know if
I have Weyerhaeuser brand hardboard siding?
A: In order to determine whether you have Weyerhaeuser brand hardboard siding you may:
For siding samples, you do not need to remove an entire piece
of siding. The claims process provides that you may submit a siding
sample (6"x6" piece or a 2" hole saw cut which
is in good condition and includes the lower drip edge for lap
siding or for panel siding, the vertical groove) or a check for
$150 to the independent claims administrator, who will schedule
an independent inspection of your property. If your siding is
determined to be Weyerhaeuser brand, the $150 fee will be refunded
to you. For more information, please refer to the Long Form Notice.
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Is all Weyerhaeuser
siding included in the settlement?
A: All Weyerhaeuser brand hardboard siding installed on structures
from January 1, 1981 through December 31, 1999 is included in
the settlement, with a few limited exceptions explained in the
long form notice. For more information, please refer to the Long Form Notice.
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A: You can register to receive a Claim Form by returning the Claim
Form registration card included with mailed long form Notice packets
OR you may register by phone at 1-800-365-0697 OR you may register on this website.
You do not need to register more than once.. The Court granted
final approval of the Settlement on December 22, 2000. A Claim
Form will be sent to you if you have registered to receive one.
In order to submit a claim under the settlement you will need
to submit a complete and valid Claim Form to the independent claims
administrator, who will schedule an independent inspection of
your property. The long form Notice explains how long you have
to file a Claim Form. The deadlines for filing range from three
to nine years depending on when your siding was installed. For
more information, please review the Long Form Notice.
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A: The length of time you have to file a claim depends on when
your siding was installed.
For more information please refer to the long form notice.
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A: You can register to receive a Claim Form by returning the Claim
Form registration card included with mailed long form Notice packets
OR you may register by phone at 1-800-365-0697
OR you may register on this website.
The Court approved the Settlement at a hearing on December 22,
2000. You do not need to register more than once. A Claim Form
will be sent to you if you have registered to receive one.
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What type of siding
damage is included under the approved settlement?
A: The type of siding damage for which compensation may be available
under the settlement includes a lap board or panel sheet exhibiting
one or more of the following:
Siding damage determined by the independent inspector to be caused
by certain specified building design or installation errors is
excluded. Also excluded is: intentional, reckless or negligent
physical damage to Siding caused by you or others after installation
OR damage resulting from natural disaster including, but not limited
to fire, hurricane, flood, hail, tornado, earthquake, earth movement,
or other similar force major causes.
For more information about what type of damage is included under
the settlement and about the claim process, please review the
Long Form Notice.
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What kind of installation
or building design errors will the independent inspector look
for?
A: Damage to a board is excluded if the independent inspector
finds it was caused by any of the following installation or building
errors, called "Causation Exceptions" briefly summarized
as follows:
(1) framing misalignment
(2) studs spaced incorrectly
(3) substantial nailing problems
(4) permanently installed sprinkler systems having directly sprayed the affected area or landscaping or plants that grow onto or into a structure
(5) siding contact with masonry or the ground
(6) excessive run-off from the roof onto the adjacent wall or improper roof/wall flashing
(7) failure of a chimney cricket or roof/chimney flashing to extend to the edge of the chimney or missing flashing
(8) damage occurring within 6 inches from the top, bottom, and sides of a window assembly (including trim)
(9) absence of paint on the drip edge, cut edge or milled grooves of a board
(10) inadequate or improperly installed or missing flashing
(11) damage around the belly band or horizontal trim where there is improper flashing or missing caulk
(12) lack of vapor barriers (except in specific geographic locations), or lack of ground crawlspace vapor barriers or lack of wall sheathing
(13) damage starting within 12 inches of water intrusion or runoff
points
The settlement provides that for a Causation Exception to apply,
it must be readily apparent to the Independent Inspector, who
must determine that condition to be the cause of the Damage. Any
doubt by the Independent Inspector as to a Causation Exception
will be resolved in the Claimant's favor. There will be
no intrusive testing on any single-family detached residence.
For more information on the claims or inspection process, please
review the Long Form Notice.
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What if I own a condominium,
townhouse, rowhouse, duplex or triplex?
You are a Class Member if you own (or are responsible for) the
exterior of the structure. If the exterior of the structure is
owned by a homeowner's association, then the homeowner's association
is the Class Member. If that is the case, you should notify the
homeowner's association of the litigation and approval of the
settlement so they can contact the claims administrator at 1-800-365-0697
and receive a mailed Long Form Notice
packet.
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Are mobile homes
(or manufactured houses) included in the approved settlement?
Yes. Mobile homes or manufactured houses are one of the types
of structures included in the settlement, if the Weyerhaeuser
brand siding was installed on the structure between January 1,
1981 and December 31, 1999. If you own or owned a mobile home
with Weyerhaeuser brand hardboard siding installed during that
time period, you may be eligible for compensation under the approved
settlement for damaged siding. For more information, please refer
to the Long Form Notice.
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Am I eligible to make a claim under
the settlement?
A: You may be entitled to recover monetary damages under
the settlement if you either:
For more information about the claim process and whether you are
an eligible claimant, please review the Long Form Notice.
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Has the settlement
been approved?
A: YES. At a hearing on December 22, 2000 the Court determined
that the settlement is in good faith, fair, adequate, reasonable
and in the best interests of the class, and to consider Class
Counsel's request for attorney's fees and costs. The hearing was
held before the Honorable Alfred G. Chiantelli, Presiding Judge
for the Superior Court of California in and for the County of
San Francisco at the San Francisco County Superior Courthouse,
400 McAllister Street, San Francisco, CA 94102.
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How do I benefit
under the approved settlement?
A: As part of the approval of the Settlement, Weyerhaeuser will
pay all qualified claims based upon an independent inspection.
Such payments will be calculated based on the cost of replacing
or refinishing the damaged exterior Weyerhaeuser siding including
labor, installation, painting and trim, if necessary. The amount
of any payment will also be affected by other factors such as
whether the independent inspector determines the damage was caused
by improper installation or building design, and deductions for
use depending on the number of years the siding has been installed.
For a more detailed description of the claims process, please
review the Long Form Notice.
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Is there a total
settlement fund or phased funding?
A: No. The settlement is structured as a "claims-made"
settlement, which simply means that there is no specified amount
to be paid by Weyerhaeuser to Class members in the settlement
of claims. Instead, under the settlement, Weyerhaeuser will pay
all timely claims for damaged siding that qualify for compensation
under the settlement.
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A: No. You must have completed and submitted a Claim for Unreimbursed Repair by
December 22, 2003.
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Can I fix my siding
now and still participate in the settlement?
A: No. Class members who are aware of the settlement and who repair
or replace their siding independent of the claims process in the
settlement are not eligible to file a claim under the settlement,
so please read the Long Form Notice carefully
before you do anything to your siding that jeopardizes your rights
under the settlement. Class Counsel strongly urges you not to
make any repairs or replacements to your siding at this time.
You may, however, perform routine maintenance such as painting
or caulking. If you are having an urgent problem, please contact
Class Counsel.
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I filed a warranty
claim for damaged siding already, can I still participate in this
settlement?
A: Possibly. Generally speaking, Class Members who own single-family
homes and who have filed and resolved a claim through the warranty
process may submit a claim as described in the Notice. Any amount
for which you may be eligible under the settlement will be reduced
by the amount of the warranty payment previously received. However,
if you were represented by a lawyer and resolved a warranty claim
with a full release, you are not a class member. Owners of multi-unit
structures with 5 or more units that filed warranty claims and
resolved their claim with a full release are not eligible to file
claims under the settlement. For more information about how prior
warranty claims would be handled under the approved settlement,
please review the Long Form Notice.
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I sold a house
with Weyerhaeuser brand hardboard siding. Can I file a claim?
A: Unless you filed a claim for unreimbursed expenses by December 22, 2003, or
the current homeowner has assigned the claim to you, you are not eligible to
file a claim..
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I am experiencing
problems with my Weyerhaeuser siding right now, what can I do?
A: The Court approved the settlement on December 22, 2000 and
you are now able to submit a claim for recovery. However, if you
are experiencing water intrusion to your home and have already
contracted for repair OR if you have a sale pending for your home,
you may be eligible to participate in an expedited claims process.
If you believe you are eligible for the expedited process, you
may contact Class Counsel.
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I believe I am
a Class Member, what do I need to do to participate?
A: If you are a Class Member and wish to participate in the settlement,
please review the Long Form Notice.
In order to obtain any recovery, you will be required to submit
a Claim Form. The Court granted approval of the Settlement on
December 22, 2000 and Claim Forms are now available. You may register to
have one sent to you.
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If I opt out
can I file a claim or get compensation under the settlement?
A: No, if you opt out you will not be eligible to receive any compensation under
the settlement. For more information please refer to the Long Form Notice.
Please note, however, that the deadline to opt out of the settlement has passed.
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Who is representing
me in this litigation?
A. The Court has appointed as class counsel 12 law firms. For
a full list, please review the Long Form Notice.
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A: You may click here to send a question by email to Class Counsel.
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Is everyone
who has Weyerhaeuser brand hardboard siding a Class Member?
A: The settlement is very broad and includes most persons who
have structures with Weyerhaeuser brand hardboard siding. Excluded
from the Class are: (1) anyone who owns or owned any structure
that was the subject of a lawsuit in which Weyerhaeuser was a
party and where the lawsuit was resolved by payment, release or
adjudication; (2) anyone who while represented by a lawyer resolved
a claim relating to Weyerhaeuser brand hardboard siding with a
full release; (3) anyone who in accordance with the terms of the
settlement properly executed and filed a timely request for exclusion
from the Class; and (4) anyone other than the named plaintiffs
in this lawsuit who otherwise falls within the Class definition
but who had pending litigation where a claim has been made against
Weyerhaeuser relating to hardboard siding as of February 4, 1999
and in which no class had been certified.
Claims for personal injury are also excluded from the class. For
more information please refer to the Long Form Notice.
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How can I get
a copy of the approved settlement agreement?
Please do not call or write to the Court or the Clerk of the
Court as neither can answer any questions or provide legal
advice regarding the settlement or your rights thereunder.
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Can I only make
one claim under the approved settlement?
A: No, under the terms of the approved settlement, Class Members
may make a claim once every two years for damage to Weyerhaeuser
brand hardboard siding not previously compensated. A Class Member
who submits more than three claims must pay a $150 inspection
fee in advance for any additional claims unless the Class Member's
most recent inspection resulted in a claims payment. In the event
any additional claim for which an inspection fee has been paid
results in a claims payment, the Class Member will be reimbursed
for the inspection fee. For more information please refer to the
Long Form Notice.
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What if I
don't want to be part of the approved settlement?
A: If you simply do not want to make a claim, you do not need
to do anything. However, you may no longer exclude yourself from
this settlement if you did not do so by November 13, 2000. If
you did not exclude yourself you are bound by the terms of the
Settlement and the Courts orders.
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What happens
if I excluded myself (opt-out)?
A: If you validly requested exclusion from the Class: (a) you
are excluded from the Class; (b) you are not able to receive any
compensation under the settlement; (c) you are not bound by any
judgment entered in the litigation; and (d) you are not prevented,
by reason of your decision to request exclusion, from otherwise
prosecuting an individual claim, if timely, against Weyerhaeuser
based on the matter complained of in the litigation.
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How do I object
to the approved settlement?
A: The deadline for making objections has passed.
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What are the attorneys'
fees paid to Class Counsel?
A: Class Counsel will apply for an award of attorneys' fees, plus reimbursement of expenses that were advanced in connection with the litigation and for future costs to administer the settlement. The attorneys' fees and cost award has been agreed to by the parties, and, if approved by the Court, will be paid to Class Counsel separately by Weyerhaeuser and will not reduce, in any manner, Class Members' recovery under the settlement. Weyerhaeuser has agreed to pay Class Counsel a non-refundable initial payment of attorneys' fees of $18 million plus 12% of the dollar value of any claims paid between $120,000,000 and $190,000,000. Class Counsel project the initial attorneys' fees payment to be equivalent to 15% of the first $120,000,000 in claims paid. Class Counsel have agreed to limit their total fees to no more than $26.4 million. In addition, Weyerhaeuser has agreed to reimburse Class Counsel for costs incurred during the course of litigation and for future costs associated with administration of the settlement. Class Members are not personally liable for any fees and costs. To date, Class Counsel have not received any payment for their services in conducting this litigation on behalf of the Class Representatives and the Class Members, nor have Class Counsel been reimbursed for their out-of-pocket expenses. The fee requested by Class Counsel would compensate them for their efforts in achieving monetary damages for the benefit of the Class, for their risk in undertaking this representation on a contingency basis, and for continued work on behalf of the Class during the nine (9) year life of the settlement.
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