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Frequently Asked Questions









Am I a Class Member?

The Class is defined as “all Persons who own or owned structures on which PABCO Roof Shingles have been installed.” PABCO Roof Shingles means “any HO-25 or HZ-25 roofing products manufactured, marketed, distributed or warranted by PABCO and installed at any time.” No other PABCO products are involved in the Settlement.


Excluded from the Class are:
• Any person who owns or owned any Structure that was the subject of a lawsuit relating to PABCO HO-25 or HZ-25 Roof Shingles in which PABCO was a party to the extent the claims against PABCO were resolved by payment, release or adjudication;

• Any person who, while represented by Counsel, resolved a claim relating to PABCO HO-25 or HZ-25 Roof Shingles with a full release covering the entire roof;

• Any person who properly executed and filed a timely request for exclusion from the Class;

• PABCO, any entity in which PABCO has a controlling interest, and its legal representatives, officers, directors, assigns and successors;

• All persons who resolved a claim relating to PABCO HO-25 or HZ-25 Roof Shingles with a full release and after notice of the putative class action litigation (e.g. who received the "Information to HO-25 Homeowners" or "Notice to HO-25 Homeowners");

• All persons who resolved a claim for a Structure or Structures with more than four units relating to PABCO HO-25 or HZ-25 Roof Shingles with a full release covering the entire roof or roofs; and

• The judge to whom this case is assigned and any member of the judge's immediate family.



What are PABCO HO-25 or HZ-25 Roof Shingles?

PABCO Roof Shingles are a particular type of three-tab asphalt roof shingles with an additional pad of unreinforced asphalt that were manufactured or distributed by Pacific Coast Building Products, Inc. ("PABCO") under brand names such as HO-25 and HZ-25. For more information on identifying the Roof Shingles that are involved in this settlement, please review the Product Identification page available on this website. Only PABCO HO-25 or HZ-25 Roof Shingles are the subject of this settlement. No other PABCO products are involved in the lawsuit or its resolution.



How do I know if I have PABCO HO-25 or HZ-25 Roof Shingles?

Sources to pursue information on whether you have PABCO Roof Shingles include:

• The product identification information available on this website;OR
• The builder of your property or the roofer who installed the roof;OR
• A local building or roofing supply store;OR
• Your receipts from the purchase of the roofing material.


The deadline to file a claim has passed.



What is the status of the Settlement?

On April 25, 2006 the parties entered into a class action Settlement relating to all HO-25 or HZ-25 Roof Shingles. This Settlement was granted Preliminary Approval on May 5, 2006 and was approved at the final Fairness Hearing on September 15, 2006.



Am I eligible to make a claim?

The deadline to file a claim has passed.



I sold a house with PABCO HO-25/HZ-25 Roof Shingles. Can I file a claim?

Unless you filed a claim for Unreimbursed Replacement, or unless the current homeowner has assigned the claim to you, you are not eligible to file a claim. The deadline for an Unreimbursed Replacement claim has passed.



I recently paid to have PABCO HO-25/HZ-25 Roof Shingles on my property replaced. Am I still eligible?

The deadline for the Unreimbursed Replacement claim has passed.

See also: I previously received a check from PABCO to resolve a claim for my roof. Can I still qualify for more money in this Settlement?



How is damage defined under the Settlement?

The definition of Damage is specified in the Settlement Agreement. To be entitled to payment under the Settlement, the roof must be Damaged, meaning it meets at least one of the following requirements:

To be entitled to payment under the Settlement, your Roof Shingles must have Appearance Damage or Performance Damage.

Appearance Damage means a roof will be deemed Damaged for deficient appearance if (a) 35% or more of the PABCO HO-25 or HZ-25 Roof Shingles (counting each Shingle only once) exhibit fissures or crazing (surface cracking in random directions) on the additional asphalt pad of the affected Shingles and the affected Damaged Shingles are dispersed (except on a two-plane roof) on at least two planes of at least one square per plane that vary in directional orientation by 90 degrees or more, with more than de minimus Appearance Damage on both planes (i.e. at least 5 affected Shingles per square), or if 35% or more of the PABCO HO-25 or HZ-25 Roof Shingles have excessive granule loss and the affected Damaged Shingles are located on more than one plane (except on a two-plane roof); or (b) more than 35% of the PABCO HO-25 or HZ-25 Roof Shingles (counting each Shingle only once) on a plane exhibit fissures or crazing (surface cracking in random directions) on the additional asphalt pad of the affected Shingles, and at least 50% or more of the planes on the roof exhibit this condition and such planes are at least 50% of the total roof area, or more than 35% of the PABCO HO-25 or HZ-25 Roof Shingles (counting each Shingle only once) on a plane have excessive granule loss that equals or exceeds the condition of granule loss illustrated in the photographs attached as Exhibit A to the Settlement Agreement, and at least 50% or more of the planes on the roof exhibit this condition and such planes are at least 50% of the total roof area. The diagram and photographs attached in Exhibit A to the Agreement illustrate Shingles that would qualify toward Appearance Damage. Appearance Damage shall be readily observable and visible to the naked eye. A Roof Shingle that otherwise would qualify toward Appearance Damage should not be determined to be undamaged merely because Damage Exclusions identified in the Settlement are observed along with damage that would otherwise constitute Appearance Damage on the affected Shingles unless it is reasonably determined the observed exclusions are the sole cause of the damage.

Performance Damage means a roof will be deemed Damaged for deficient performance where there is a loss of integrity of the roof such that the affected Damaged Shingles are failing to perform their water-shedding function and are leaking water into the structure as a direct and observable result of the condition of the affected Damaged Shingles, and:

1. With respect to HO-25 Roof Shingles (fiberglass mat shingles), 35% of the Shingles (counting each Shingle only once) are split completely through the fiberglass mat resulting from fissures on the pad;

2. With respect to HZ-25 Roof Shingles (organic felt shingles), 35% of the Shingles (counting each Shingle only once) are split completely through the organic felt beneath the additional asphalt pad of the affected Damaged Shingles resulting from fissures on the pad, or where the asphalt on the Shingles is severely deteriorated and disintegrated as a result of premature aging of the asphalt, brittleness, swelling of the organic felt, coating that has separated from the organic felt and flaked, exposed felt and other conditions manifested as a result of complete Shingle breakdown.



How do I file a claim?

IMPORTANT: The deadline to file a claim in the Settlement Claims Program has passed. If you have questions about your PABCO roof shingles, you may contact PABCO directly at 1 (800) 426-9762 or 1 (253) 272-0394.



Can I repair or replace my HO-25 or HZ-25 Roof Shingles now and still participate in the Settlement?

The deadline for participating in the Settlement Claims Program has passed.



Is there an emergency claim process?

IMPORTANT: The deadline to file a claim in the Settlement Claims Program has passed. If you have questions about your PABCO roof shingles, you may contact PABCO directly at 1 (800) 426-9762 or 1 (253) 272-0394.



I already filed a Warranty Claim for Damaged Roof Shingles. Can I still participate in the Settlement?

No. The deadline for the Supplemental Consent Decree Warranty Claim has passed.

See also: I previously received a check from PABCO to resolve a claim for my roof. Can I still qualify for more money in this Settlement?



How is the compensation determined?

The Settlement contains a Compensation Formula, which will be used to determine how much, if any, money you are entitled to receive for your Damaged Roof Shingles. Use Deductions, and Offsets, shall be deducted from any payment. The categories of compensation for Damaged Shingles are either Appearance Compensation or Performance Compensation.

A deduction for use based on the age of the HO-25 or HZ-25 Roof Shingles shall be deducted before any compensation is paid under the Settlement to eligible Claimants. The Use Deduction shall be calculated based upon the period of use of the Shingles installed on a Structure measured in months prior to the date of the Claim in the amount of 1/300 (.0033) of any Claims payment for every month from the Date of Installation.

For more information, please review the Notice of Proposed Class Action Settlement.



Is there a limit on the Settlement Fund or restrictions on funding over time?

No. The Settlement is structured as a "claims-made" Settlement, which simply means that there is no specified amount to be paid by PABCO to Class Members in the settlement of claims. Instead, under the Settlement, PABCO will pay all timely HO-25 or HZ-25 Roof Shingle claims that qualify for compensation under the Settlement.



What happens after I submit my Claim Form?

The deadline to file a claim has passed.



When must claims be filed?

The deadline to file a claim has passed.



What are the requirements to opt-out?

The deadline to opt-out has passed.



What will happen if I don't opt-out?

Under the Settlement, each Class Member who has not timely opted out of the Class shall be deemed to have released and discharged fully, finally, and forever PABCO and other related entities with regard to any claims regarding PABCO Roof Shingles, as set forth in detail in the Settlement Agreement. Class Members also release non-parties for claims relating to PABCO Roof Shingles and/or any alleged defects in PABCO Roof Shingles.



If I opt-out, can file a claim or get compensation under the Settlement?

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 may, by reason of your decision to request exclusion, prosecute an individual claim, if timely, against PABCO based on the matter complained of in the litigation.



Who is Class Counsel?

The Court has appointed the following attorneys to serve as Class Counsel:

Christopher I. Brain
Kim D. Stephens
Tousley Brain Stephens PLLC
1700 Seventh Ave, Suite 2200
Seattle, WA 98191
contact@tousley.com



Will I have to pay attorneys' fees and expenses?

No. PABCO will pay the fees and expenses of Class Counsel as set forth in the settlement, subject to Court approval.



I previously received a check from PABCO to resolve a claim for my roof. Can I still qualify for more money in this Settlement?

The deadline for Application for Supplement to Consent Decree Warranty Claim Compensation has passed.

See also: I already filed a Warranty Claim for damaged PABCO Roof Shingles. Can I still participate in the Settlement?