This lawsuit alleges that Maibec, who manufactures and sells wood shingles made from Eastern White Cedar trees sold to the public under the brand names Nantucket, Kennebunk and Bar Harbor, are defective as the shingles are plagued by design flaws that result in warping, peeling, cracking, buckling and curling. The lawsuit also alleges that Maibec breached its express warranty to customers by not replacing defective shingles.

Plaintiffs Ilene Stern of New York and James Vander Veer of New Jersey have filed this class action lawsuit against Maibec Incorporated, asserting that the company’s wood shingle products exhibited serious cracking and warping well short of the company’s highly-touted 50-year warranty period. The class action suit is designed to include previous and current owners of structures on which Maibec shingles have been installed dating back to 1986.

According to the lawsuit’s allegations, Maibec’s conduct with regard to its wood shingles constitutes unjust enrichment, breaches of express and implied warranties, breach of contract, breach of warranty of merchantability, and it represents violations of New Jersey’s Consumer Fraud Act and Sections 349-350 of New York’s General Business Law: Deceptive Trade Practices and False Advertising.

For many years, Maibec shingles were considered to be the gold standard within the industry, and the company’s use of Eastern White Cedar for its wood products and its practice of treating the shingles to increase their longevity set the company apart from the competition. However, based on the allegations contained in this lawsuit, things began to change in recent years.

Plaintiff Ilene Stern had Kennebunk shingles by Maibec installed on her residence in 2008, and within two years, mold issues began to develop. After contacting the company for a solution, Stern received a shipment of chemicals to tamp down the problem, but had to pay for laborers to apply them. By mid-2011, Stern began to observe serious bucking and cupping of the shingles on her home, leaving the structure vulnerable to additional damage. She has since tried unsuccessfully to have Maibec honor the terms of its warranty.

Plaintiff Vander Veer formerly owned a home improvement firm which subcontracted the installation of Maibec shingles on the New Jersey home of Greg and Michelle Barry. Within four years of having the shingles installed, the Barrys began to observe serious curling and lifting of the product on their roof. Vander Veer and the Barrys repeatedly attempted to secure a commitment from Maibec to honor its warranty, but to no avail. Ultimately, the Barrys sued Vander Veer’s company, a settlement was reached, and Vander Veer became an assignee of all claims against Maibec held by the Barrys.

This lawsuit alleges that complaints regarding the durability and performance of Maibec shingles had been mounting since 2007 and that Maibec had actual knowledge of the design defects plaguing the products at issue. Yet, the company continued to deny warranty claims stemming from shingle failures. The plaintiffs in this case are requesting reimbursement for losses sustained as a result of defects in the shingles, amounts paid out of pocket to repair them and compensation for structural damage to their homes and subsequent reductions in values of their properties.