Associated Materials Seeks Dismissal of Melted Siding LawsuitDecember 9th, 2016 by Trey Barrineau
Associated Materials of Cuyahoga Falls, Ohio, the makers of Alside siding, filed a motion to dismiss a class-action lawsuit that accuses the company of not honoring warranties for siding that plaintiffs say might have been melted by heat reflected from windows.
The motion, filed on December 5 in the U.S. District Court in Portland, Ore., says plaintiff Michael Harney of Beaverton, Ore., has no proof that the damage to siding was caused by defects with Alside’s products.
“Plaintiff claims that class members experienced damage to their vinyl siding from window reflection,” Alside’s lawyers write in their motion. “But the warranty attached to his complaint specifically excludes damage allegedly caused by ‘unusual heat sources (including but not limited to .. .reflection from windows, doors, or other objects).’ This bars all of Plaintiff’s warranty claims.”
Harney’s lawsuit claims Alside didn’t honor its warranty after Harney said a house he sold in October 2015 had melted siding. The complaint says Alside rejected his warranty claim because it believed the melting was caused by an unusual heat source. Harney’s complaint alleges that the vinyl siding melted while being exposed to “natural conditions” and is thus covered under the warranty.
Lawyers from both sides had attempted to reach a settlement on November 30, but negotiations failed.