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HomeOwners for Better Building - Construction Defects
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Construction Defects
Tuesday, 04 January 2005

Defective Construction Products
(Some products, such as Masonite was found to be defective by a jury, others are alleged to be.)

[Chinese Drywall]
Siding ] [ Polybutylene Plumbing ] [ Stucco ] [ Other

[ Windows and Doors ] [ Collapsing Decks ]
[ Cemwood Cement/Wood Fiber Roofing Shakes ]
[James Hardie Building Products Roof Shakes]
[Water Heater Settlement]
[Toxic Mold]
["Driftwood" manufactured by Hanson Brick]
Electrical Fire Hazard]

Building Industry Philosophy
“Build homes cheaper, more spacious and grandiose, giving them the appearance of quality,” says Ahmad. "Build
a house that is bigger than the buyer’s parent’s home. After all, air space doesn’t cost more when the land and materials are cheap and unsuitable for quality homebuilders."

Defective Chinese Drywall 
 Consumer Product Safety Commission

To date, the CPSC has received about 810 reports from residents in 23 States and the District of Columbia who believe their health symptoms or the corrosion of certain metal components in their homes are related to the presence of drywall produced in China. State and local authorities have also received similar reports. We received our first incident report from a consumer on December 22, 2008. The majority of the reports to the CPSC have come from consumers residing in the State of Florida while others have come from consumers in Alabama, Arizona, California, Georgia, Indiana, Kentucky, Louisiana, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, Washington, Wisconsin, Wyoming, and the District of Columbia.

How to test your home for Chinese drywall

How to test your home for Chinese drywall starts with identifying whether your home meets certain criteria for being at-risk. According to the United States Consumer Product Safety Commission (CPSC), reports have been filed from 38 states, the District of Columbia, American Samoa and Puerto Rico from residents who believe their homes have been adversely affected by the presence of drywall imported from China. The majority of these reports came from residents of the state of Florida. Other reporting states include California, Wisconsin, Texas and the New England region. Read more...

DefectiveTrim from Louisiana-Pacific Corp

An estimated 800 homeowners in Charleston County have defective trim on their homes, making some eligible for money to replace it through a class-action settlement. How do you know if your home has defective trim? Charleston attorney Paul Dominick said the ends of the boards are soft to the touch, indicating rotting. Other signs are chips, bulges or cracks.Also, homeowners can ask their builders if they used the product, which was sold under the names TrimBoard, ChoiceTrim, ProTrim or Trim from Louisiana-Pacific Corp. Most was installed between 1994 and 2004. The Nexsen Pruet law firm has set up a local hot line: 843-720-1736.

Defective House

 Enlarge photo 1A Stately Nightmare

 This Defective House was not quite 7 years old when these were taken. "We started to suspect we had a problem because the rooms inside developed a musty smell - we traced the smell to around the electrical outlets, so we knew it was something inside the walls. We could not see any leaks, but a moisture meter did detect moisture in the walls at multiple spots. You can see that due to multiple construction defects (including defective stucco, incorrect window installation, and improper grading), the house was literally rotting to pieces beneath an exterior that appeared to be fine. Not even our contractor expected the damage to be as extensive as what they found."

 Bad Stucco

 Enlarge photo 26Good Stucco Gone Bad
 Bad Stucco.com is dedicated to highlight the problems within the building trades concerning stucco, as well as providing informational resources about proper stucco application. We take photo contributions from all sources and seek not to point out individual offenders, but rather to raise the consumers awareness level so tha they can be on guard against he problems in their new house.  Feel free to browse our directory of pictures (or contribute your own). A house is such a huge expense now days and it is a sin that poor workmanship, improper texhniques and just plain greed can set new homeowners up for a nasty surprise a few years down the road. 
Your Leaking House  Ask questions of the experts on the forum

Article: Stucco, Water Woes and Rot - Read more

 Foundation Defects 

 What holds  your foundation together
 Photos: Pampered Foundations Common and careless errors that can have grave consequences for a home’s foundation. Common Foundation Defects  Will todays foundation last?         

Electrical Fire Hazard

 Heater circuit burnup, FPE breaker failed to tripFederal Pacific Electric (FPE) Electrical Hazards 

Information for building inspectors, home buyers, home owners, electricians exploring the background of possible hazards associated with Federal Pacific Electric Stab-lok circuit breakers and service panels. Federal Pacific Electric "Stab-Lok" service panels and breakers are a latent hazard and can fail, leading to electrical fires. The problem is that some double-pole (240-Volt) FPE circuit breakers and possibly also some single-pole units simply may not work. We also have reports that independent of the breaker problems, there have been panel and panel-bus fires and arcing failures in some equipment. The failure rates for these circuit breakers were significant and are documented in the CPSC study. Additional independent testing and research are on-going and will be reported here - watch for articles marked Outstanding Source of Information on Electrical Hazards  

 Dangerous Water Heater
Water drips from Air Conditioner on 220 Electrical Conections of water heater causing fires!

 San Antonio Express News agrees ith HOBB: Editorial: National Electric Code must be city's code, too. "The council should adopt the national standard. This is an area where its uniqueness makes San Antonio's leadership look dangerously complacent. "  Builders in the NewsAC placement fuels hot fight By David Anthony Richelieu Express-News Staff Writer. The City Council is expected to resolve a dispute today over whether the stacking of air conditioning units over electric hot water heaters should be allowed to continue in new homes and apartments. "....the city has a moral obligation to change a potentially dangerous practice, adding that it was only a matter of time before a water heater short circuit would trigger a larger fire and put people's lives at risk." Press Release HomeOwners for Better Building.

House Inspections - one case study
Over the course of 9 years rain water penetration of this home incurred thousands of dollars in water damage, necessary and unnecessary repairs. A major contribution at the delay at finding the corrective action to stop the rain water penetration was the inexact nature of the three home inspections.  View the issue at  and spread the word about these windows.  Seeking others with this same problem from the highlighted manufacturer.
WindowInspections.com http://www.windowinspections.com/

Aluminum Wiring
The Aluminum Wiring Information Website Aluminum Wiring Information

Independent Tests indicate Ideal-65 Twist-on retrofit connector fails UL 486CSafety Standard despite UL-listing

Recognizing Aluminum Wiring photos and tips

Reducing theFire Hazards in Aluminum-Wired Homes,methods, research, experience, expert sources. This document answers most technicalquestions about the hazards and remedies of aluminum electrical wiring.

Fire Hazards With Aluminum to Copper Twist-on Connectors & Acceptable Repair Practices Color Photos, Alternative Retrofit/Repair Procedures, Current Issues. 9/28/95 CPSC Meeting Minutes

"Is YOUR Aluminum Wiring Safe?"article discussing safety claims made without looking at the wiring, J. Aronstein, 11/21/95

"Repairing Aluminum Wiring," Consumer Product Safety Commission Booklet CPSC#516

Aluminum Wiring Update: CPSCreiterates unsuitability of twist-on connectors (Including the Ideal No. 65) for repairing aluminum wiring in residences. 

Bibliography available: publicly available articles, pamphlets, resources on Aluminum Wiring 

AluminiumIndustry World Wide Web Server 

Metal & Mining Industry Page Starvo's 

 Hardboard Siding

May 25, 2001 Masonite Drops Hardboard Siding   A rash of class-action lawsuits against manufacturers of hardboard siding has saddled the material with a reputation for buckling, swelling, and other moisture-induced problems. Those chickens now appear to be coming home to roost. Citing a 40% decline in hardboard's overall market share in the past five years, the Masonite Corporation has stopped production of all hardboard siding products.

 Masonite Siding Settlement Assistance. If you need help with your siding settlement see this website. It has information about ALL siding settlement and informaiton to help homeowners apply. Examples of ABTCO siding on Centex homes in San Antonio, TX.

               Masonite Stamp on the back of the product        

    " Weyerhaeuser plan OK'd; settlement puts no limits on liability "  by Drew DeSilver Seattle Times business reporter A California judge yesterday gave preliminary approval to an agreement settling a class-action lawsuit against Weyerhaeuser over defective house siding. (HomeOwners for Better Building will review the proposed settlement.)

" Weyerhaeuser poised to settle massive suit over bad siding" by Drew DeSilver Seattle Times business reporter Hundreds of thousands of people throughout the West could be compensated by Weyerhaeuser for defective hardboard siding under a nationwide settlement proposal  announced yesterday. The proposal would settle a class-action lawsuit filed two years ago in California, but Seattle attorney Christopher Brain said it also would apply to claims against Weyerhaeuser in other states. (FYI: Christopher Brain was the attorney involved in the LP siding suit. See the Wall Strteet Journal Article )

July 28, 2000 Added to Construction Defects: A copy of the PROPOSED ABTCO siding settlement . Also review HOBB opposition to the settlement.

HomeOwners for Better Building objects to the proposed national ABTCO siding settlement . " A Review of the ABTCO Hardboard Siding Settlement by John R. Cobarruvias "

Defective Hardboard Siding Information Center If you are experiencing rotting, warping and general failure of your hardboard siding, welcome to the Defective Hardboard Siding Information  Center!  Either you or someone you know is having a problem with hardboard siding on a home, condo, apartment or mobile home, and you need information. So did I a few years ago, but it wasn't until January 1998 that I began using the Internet as a research tool. This site is designed to provide information to  homeowners and builders about hardboard siding.

The Settlement of the Investigation of Masonite Corporation and International Paper Company by the Florida Attorney General Jun, 1998. "Within thirty (30) days of the execution of this Settlement Agreement by both parties, Masonite shall deliver to Florida International University a check in the amount of SIX HUNDRED THOUSAND DOLLARS ($600,000) made payable to Floridas International University Foundation, Inc."

Masonite Hardboard Siding Settlement The official site for the Masonite class action lawsuit settlement affectiong approx 4.5 million structures in the United States. 

Apartment owners sue Masonite over siding The Portland-area plaintiffs claim OmniWood siding fell apart; the manufacturer says the assertions are overblown Tuesday, September 21, 1999 By Steve Mayes of The Oregonian staff 

Masonite Omniwood Siding/Woodruf Roofing The official site for yet another  Masonite class action lawsuit settlement.

Lousiana Pacific Siding   Official settlement page. Better than the Masonite page.

Georgia Pacific Siding Official settlement page.

See The Defective Hardboard Siding Information Center for information on various class actions and information on the following siding products also:

  • Weyerhaeuser
  • Abitibi-Price 
  • ABT Canada/Canexel
  • Boise-Cascade
  • Temple-Inland
  • Jefferson Smurfit
  • Stimson
  • Celotex
  • Louisiana Pacific AFTER 1/1/96


EIFS FACTS. eifsfacts.org. The BEST site about synthetic stucco.

Synthetic stucco hearing set today 12/08/00 ROY L. WILLIAMS News staff writer  The Birmingham News. " Nearly 25 Shelby County homeowners are suing Dryvit System Inc., a maker of synthetic stucco, which argues in court documents that it is protected by the doctrine of caveat emptor - buyer beware . "

Homeowners sue over synthetic stucco siding By BILL MURPHY Houston Chronicle. "Wheeler and a dozen others allege that synthetic stucco is a defective product. They have sued such manufacturers as Finestone, Dryvit and Corev America. An additional six homeowners filed suits in Harris County just last week." 

EIFS FACTS. eifsfacts.org. The BEST site about synthetic stucco.

DATELINE INVESTIGATION Is your home crumbling around you?  Itís happening to new homes across the country ó find out more from a ëDatelineí investigation NBC NEWS March 22 ó You spend a lot of time looking, do all the legwork, invest your heart and soul in it, not to mention your savings. And finally, you own a piece of the ìAmerican Dreamî ó your own home. But what if the brand new house you worked so hard for begins to crumble around you? Itís happening to new homes around the country. Is it just a case of, ìthey donít build ëem like they used to?î Or is there more to the story? Chief consumer correspondent Lea Thompson reports with a ìDatelineî Investigation. 

$20M Stucco Settlement to Benefit N.C. Homeowners . Good article and links to a series by WRAL 5 On Your Side in There are links to the following:

June 11, 1997: Synthetic Stucco Solutions Still have Room for Improvement 
March 6, 1997: Synthetic Stucco Update
July 25, 1996: Synthetic Stucco: Slow Sales 
July 24, 1996: Synthetic Stucco: The Rip Off 
April 30, 1996: Synthetic Stucco: Trouble Signs 
April 29, 1996: Synthetic Stucco: EIFS Problems

 Rotting walls prompt ban on use of stucco. Raleigh forbids building with synthetic stucco until January. Officials will set new standards by then. BY MATTHEW EISLEY, Staff Writer RALEIGH -- The City of Raleigh has imposed a moratorium on synthetic stucco on wood-frame buildings because of evidence that it makes walls rot. "It is not in the citizens' interest to continue with a product that is suspect," said Raleigh Inspections Director Ed Owens, who notified home builders last week of a moratorium to last from May 1 until January.

Synthetic Stucco Home Page GAHI   Georgia Association of Home Inspectors. Another good source of info. "GAHI is leading the industry with the latest information and   testing on the growing problems with EIFS.  Check our site often for the latest developments and the best links on the internet." 

A Detailed Look at Synthetic Stucco Problems  Synthetic stucco is basically a type of foam sheeting glued and nailed to the structural sheathing (usually plywood) on the exterior of a home. This material has a factory- or field-applied fiberglass mesh installed over the outer surface which is then finished with two or more coats of the stucco-like material.

First Synthetic Stucco Lawsuit Filed in Maryland   The law firm of Cohen, Milstein, Hausfeld & Toll, P.L.L.C. has filed the first synthetic stucco lawsuit in the state of Maryland. The case, alleging that the plaintiffs' townhouses were damaged by synthetic stucco, was filed in the City Court of Baltimore on December 30, 1998. The lawsuit asserts that synthetic stucco manufactured by Sto Corporation and/or Dryvit Systems, Inc. was defectively designed. Because the synthetic stucco was installed without a drainage system, it has caused water to be trapped between the walls of the townhouses and has caused significant damage.

Welcome to the Information Page for the Ruff v. Parex Class Action Lawsuit and the Senergy and Thoro Settlement. f you own a residence with synthetic stucco exterior wall cladding, your rights may be affected by a class action lawsuit and proposed partial national settlement now pending in court. The Settlement covers: All persons or entities who, as of May 15, 1998, own or owned a one or two family residential dwelling or townhouse in the United States clad with Senergy, Inc.'s or Thoro System Products, Inc.'s EIFS System. 

EIFS: Special Report From Builder Online. Exterior Insulation and Finish Systems, EIFS for short, can provide a handsome, low-maintenance, water-resistant cladding -- when applied correctly. But when applied incorrectly, EIFS can become a wood-rotting machine, sealing in moisture that eats away at the home from the inside out.

Homeowners sue builders over stucco Two families in a Weaver Dairy Road subdivision join the furor over synthetic stucco, take the manufacturers and a local custom builder to court. By David Schulman, Staff Writer CHAPEL HILL - Two local homeowners say they got more than gracious architecture with their custom-built $500,000 houses in a Weaver Dairy Road subdivision.

Concerns raised over stucco product By Michele Derus of the Journal Sentinel staff November 28, 1998 As Wisconsin copes with newly discovered decay problems among 4,000 homes sided or sheathed in wood-composite products, synthetic stucco is emerging as the latest allegedly defective building exterior. 

$550,000 house may be bulldozed By ANNA GRIFFIN Staff Writer  The Charolette Observer. Sometime soon, a demolition crew could arrive to tear down Anna Marie and Alan Nelsen's new home. The house, which they bought for $550,000,  is less than five years old and offers stunning views of Lake Norman and The Peninsula Club  golf course. But private engineers say it would cost up to $400,000 to make it safe for   occupancy.

Synthetic stucco, real damage By Leonora LaPeter Savannah Morning News The siding's tendency to trap water and not let it out leads 23 area homeowners to file suit; at least 3,000 more owners of wooden homes could face damage from the material.


                        Polybutylene Plumbing

 Polybutylene Plumbing settlement.This is the official site for the subsequent notice program of the Cox  nationwide Class Action Settlement administered by the Consumer Plumbing Recovery Center (CPRC).    The purpose of this site is to provide subsequent notice to the Class Members concerning the Cox nationwide settlement involving Polybutylene (PB) plumbing. (a $950 MILLION settlement has been reached.)

Qest® Polybutylene   If you have Qest® plastic water pipe in your boat or recreational vehicle, or if Qest® was installed in your home either before 1978 or after July 1995, you may have a claim for money damages against U.S. Brass in its bankruptcy case and the right to vote on U.S. Brass' payment plan. 

The Spencer Class Action covers homes that were plumbed inside using polybutylene plumbing systems with polybutylene pipe connected with acetal plastic insert fittings. The polybutylene pipe is usually grey or black plastic. The acetal insert fittings are usually grey and occasionally white plastic. There are a variety of other fitting systems used with polybutylene pipe, but only the systems with grey or white plastic insert fittings shown below are eligible for reimbursement under the terms of the Spencer Class Action. 




                        Miscellaneous Construction Defects

Oct. 28, 2007  Builders Eliminate Hurricane Clips:  In 2004 Pulte Homes decided to stop installing hurricane clips on houses that they are building in Sun City Hilton Head, a hurricane-prone area located near the coast. Pulte has recently resumed installing hurricane clips on new houses that they're building here, but refuses to install them in the more than 2,000 houses they built in 2004, 2005, 2006 and early 2007

Oct 20, 2000 Added to Construction Defects:  Furnace alert in Calif. Consumer agency warning about gas units. "The U.S. Consumer Product Safety Commission is warning Californians about a brand of forced-air gas furnaces that may pose a fire risk." 

 Mar 3, 2000 Added to Construction Defects : Home turned into biohazard  By Ralph K.M. Haurwitz American-Statesman Staff Thursday, March 2, 2000 DRIPPING SPRINGS -- Melinda Ballard's 22-room mansion was built with long porches and white columns in the style of Tara, the antebellum plantation in "Gone with the Wind." But Ballard calls her place Toxic Tara, because of a mold that made her family sick and the home uninhabitable. (As seen on 48 Hours)

Dec 5, 1999: MOLD: A Health Alert . USA Weekend. Included in this report:

  • Stachybotrys atra
  • How common are these molds
  • Why new homes are moldier 
  • How to protect your home from unhealthful molds  

                                    Hurd Windows and Doors

Aug 15, 2001 www.windowsettlement.com A class action lawsuit was filed in the District Court of the State of Minnesota for the County of Hennepin called OíHara v. Marvin Lumber and Cedar Company, and Marvin Windows of Tennessee, Inc., Court File No. 00-14027. Plaintiffs sought damages in connection with the premature wood rot of Marvin doors and windows manufactured between 1985 through 1989 and treated with a defective wood preservative, commonly known as PILT.

Collapsing Decks
                                                                                     Coming Soon.


                     Cemwood Cement/Wood Fiber Roofing Shakes


Jan 23, 2000:  Posted in Construction Defects: FireFree Tile of Quantum Panel Roofs settlement. (roofing tiles I believe.) www.firefreeclaims.com .

Feb 13, 2000 Added to Construction Defects : Notice for Cemet/Wood Fiber Roofing Shakes by American Cemwood Corp. Visit their site at www.cemwoodclaims.com .  James Hardie Building Products Roofing Shakes

Nov 24 2001 Proposed settlement of Debbie Read et al. v. James Hardie Building Products Inc. No. 00-2-17945-65EA King County, Washington Superior Court concerning roofing shakes such as HardiShake and HardiSlate among others. See www.hardieroofingclaims.com for more information.

                              Water Heaters
Mar 28, 2000 Added to
Construction Defects : All persons throughout the United States who have owned or currently own a water heater manufactured by Rheem Manufacturing Company, A.O. Smith Corporation, Bradford White Corporation, American Water Heater Company, Lochinvar Corporation and State Industries, Inc. (the "Tank  Manufacturers") that contains a dip tube manufactured, supplied or sold by Perfection Corporation ("Perfection") between August 1993 and October 1996 ("Subject Dip Tube"), and said water heater or dip tube was purchased prior to September 8, 1999.
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Reckless Endangerment

Outsized Ambition, Greed and
Corruption Led to
Economic Armageddon

Barnes & Noble

Rise and Fall of Predatory Lending and Housing

NY Times: Building Flawed American Dreams 
Read CATO Institute: 
HUD Scandals

Listen to NPR:
Reckless Endangerman
Gretchen Morgenson : How 'Reckless' Greed Contributed
to Financial Crisis - Fannie Mae

NPR Special Report
Part I Listen Now
Perry Home - No Warranty 
Part II Listen Now
Texas Favors Builders

Washington Post
The housing bubble, in four chapters
BusinessWeek Special Reports
Bonfire of the Builders
Homebuilders helped fuel the housing crisis
Housing: That Sinking Feeling

Consumer Affairs Builder Complaints

 TRCC Implosion
 TRCC Shut Down
 Sunset Report

As Goes Texas So Goes the Nation
Knowledge and Financial Responsibility are still Optional for Texas Home Builders

TRCC from Bad to Worse
Case of the Crooked House

The Pat and Bob Egert Building & TRCC Experience 

Build it right the first time
An interview with Janet Ahmad

Bad Binding Arbitration Experience?
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 Feature: Mother Jones Magazine
Are you Next?
People Magazine - Jordan Fogal fights back
Because of construction defects Jordan’s Tremont Home is uninhabitable
You could be the next victim
Interview with Award Winning Author Jordan Fogal

Warranty?  What 25-Year-Warranty?
Warranty Scams that fool the public 25 years, 50, 100 or even a “Lifetime Warranty,” what’s the difference?


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