Frequently Asked Questions
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:
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 claims process requires verification that you have PABCO HO-25 or HZ-25 Roof Shingles. It provides that you may submit a shingle sample of sufficient size and good condition to allow identification of the sample as a PABCO HO-25 or HZ-25 Roof Shingle; a prior communication with PABCO which confirms that the shingles on the Structure are PABCO HO-25 or HZ-25 Roof Shingles; or a check or money order in an amount of $250.00, payable to the Independent Administrator for a product identification inspection, which will require a physical onsite inspection of your roof. You may also submit color photographs of the roof sufficient to establish that the shingles installed on the Structure are PABCO Roof Shingles. Photographs may be submitted via mail with your Claim Form or via email when you submit your Claim Form at HO25settlement@gardencitygroup.com. Please be certain to include your claim number (as printed on the top right of the first page of your Claim Form) in the subject line of any email submitted to the Independent Administrator. For more information, please refer to the Notice of Proposed Class Action Settlement.
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? Eligible claimants are Class Members who (1) own property on which PABCO HO-25 or HZ-25 Roof Shingles have been installed; (2) purchase such property during the Term of the Settlement Agreement without executing a valid assignment in favor of a prior owner; (3) have previously owned such property and have a valid assignment of any claim against PABCO. Eligibility is subject to the additional terms of the Settlement.
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. The deadline for the Unreimbursed Replacement claim has passed.
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: You can register to receive a Claim Form by phone at 1-800-385-0133 or you may register on this website. You do not need to register more than once. A Claim Form will be sent to you if you have registered to receive one. Except for qualified emergency situations, claims will be processed in the order received.
Can I repair or replace my HO-25 or HZ-25 Roof Shingles now and still participate in the Settlement? No. Class Members who are aware of the Settlement and who replace their PABCO HO-25 or HZ-25 Roof Shingles independent of the claims process in the Settlement are not eligible to file a claim under the Settlement, so please read the Notice of Proposed Class Action Settlement carefully before you do anything to your roof that jeopardizes your rights under the Settlement. Class Counsel strongly urges you not to make any repairs or replacements to your PABCO HO-25 or HZ-25 Roof Shingles at this time. However, you may perform routine maintenance.
Is there an emergency claim process? If you have an urgent problem with your roof (such as leaking or have listed your house for sale), please contact the Independent Administrator at 1-800-385-0133. No. The deadline for the Supplemental Consent Decree Warranty Claim has passed.
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? After receipt of a properly completed Claim Form, including photographs documenting the condition of your HO-25 or HZ-25 Roof Shingles, your Claim will be evaluated by PABCO in accordance with the agreed Damage protocol set forth in the Settlement Agreement and the additional terms of the Settlement, and subject to oversight by Class Counsel. The Settlement also establishes an independent review process that may be invoked after PABCO's makes its determination. PABCO may, but is not required to, inspect your Structure. Class Counsel will receive regular reports regarding PABCO's evaluation of your Claim before the result is reported to you, and has access to the information regarding the Claim. In addition, the Settlement provides you the opportunity to request a review of the determination of your Claim by the Independent Claims Reviewer. To obtain a review of an Appearance Damage Claim, Class Members will be required to submit payment of $250 or such other amount as may be agreed by PABCO and Class Counsel. For review of a Performance Damage Claim, Class Members will be required to submit payment of $500 or such other amount as may be agreed by PABCO and Class Counsel. In the event that you seek review and the Independent Claims Reviewer disagrees with PABCO's determination and finds that the Claim is eligible for the Appearance Compensation or the Performance Compensation, the amount you paid will be refunded to you. If you are filing a Single Family Residence Claim Form or a Multi-unit or Commercial Property Claim Form and your The deadlines for submitting claims for Unreimbursed Replacement and Application for Supplement to Consent Decree Warranty Claim Compensation have 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. The Court has appointed the following attorneys to serve as Class Counsel:
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. The deadline for Application for Supplement to Consent Decree Warranty Claim Compensation has passed. |
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