I am often asked if an insurance company is responsible for a "defective" product. While that topic is the subject of great debates, one thing concerning Hardishake damage is beyond debate:
"3/4 inch hail size... [the] threshold size for damage to... deteriorated gray-black slates (especially at corners)- chipped." HAAG ENGINEERING
A Hardishake shingle that is deteriorating is especially susceptible to hail damage (even small 3/4" sized hail). When the corners are chipped the exposure can be dangerously increased.
Back in 1995 I learned a very expensive lesson... An increase in exposure of even 1/2" (the size of most Hardishake corner chips) is in fact over-exposure and can cause serious water damage to the interior of a home. Corner chips are therefore not "cosmetic damage". They speak directly to the integrity and life expectancy of your Hardishake roof.
Hardishake Updates from The Hardishake Specialist. Covenant Roof Construction. (817) 781-9982.
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Sunday, April 17, 2005
Monday, April 04, 2005
Lawsuit claim denied
I was recently contacted by a gentleman in Ft. Worth, Texas who made the following Hardishake lawsuit claim report:
[Paraphrased]
"I filled out the paperwork for the Hardishake claim. The inspector came out to look at my roof in December 2003. Although my roof has lost its original color, looks dirty, and is breaking apart my claim was denied."
You have to meet the "terms" of the settlement if you want to be paid through the lawsuit. Those terms are extremely hard to meet. Even though the roof had a 50 year warranty that covered algae, the "terms" do not cover algae. There are (3) major hurdles to overcome if you are going to be paid in the lawsuit.
The 3 Hurdles:
1. The roof is no longer "servicable". Note: Servicable as a word can be defined much too broadly. Does that mean that as long as your roof is shedding water it is still servicable? If you wreck your car but it still drives, is it servicable?
2. "Damage" to 10% - 25% of the entire roof. Note: Damage is defined as a crack in the Hardishake that covers 25% or more of what you can see on each shingle. However, you cannot start measuring the damage until you get at least 1" away from the bottom (butt). Unfortunately, many (if not most) damage to the shingle will be visable within that 1" restricted area (i.e. broken corner or delaminating at the bottom edge). I have seen hailstorms in Texas rip apart an old, fragile, worn-out wood roof but the "damage" would never meet this degree of difficulty.
3. Damage by "Severe Hail". Note: What is the chance of hail in Texas? According to the latest statistics I've heard, you can count on damaging hail at least every seven years. The city of Grapevine itself was hit with 3 hailstorms inside a two year period not so long ago. So, if you've had hail, forget about the lawsuit!
There are several other hurdles for you to cross before getting paid. I've only made mention of the (3) because that disqualifies everyone I have ever worked with. If you would like to read the report yourself, here's the link.
[Paraphrased]
"I filled out the paperwork for the Hardishake claim. The inspector came out to look at my roof in December 2003. Although my roof has lost its original color, looks dirty, and is breaking apart my claim was denied."
You have to meet the "terms" of the settlement if you want to be paid through the lawsuit. Those terms are extremely hard to meet. Even though the roof had a 50 year warranty that covered algae, the "terms" do not cover algae. There are (3) major hurdles to overcome if you are going to be paid in the lawsuit.
The 3 Hurdles:
1. The roof is no longer "servicable". Note: Servicable as a word can be defined much too broadly. Does that mean that as long as your roof is shedding water it is still servicable? If you wreck your car but it still drives, is it servicable?
2. "Damage" to 10% - 25% of the entire roof. Note: Damage is defined as a crack in the Hardishake that covers 25% or more of what you can see on each shingle. However, you cannot start measuring the damage until you get at least 1" away from the bottom (butt). Unfortunately, many (if not most) damage to the shingle will be visable within that 1" restricted area (i.e. broken corner or delaminating at the bottom edge). I have seen hailstorms in Texas rip apart an old, fragile, worn-out wood roof but the "damage" would never meet this degree of difficulty.
3. Damage by "Severe Hail". Note: What is the chance of hail in Texas? According to the latest statistics I've heard, you can count on damaging hail at least every seven years. The city of Grapevine itself was hit with 3 hailstorms inside a two year period not so long ago. So, if you've had hail, forget about the lawsuit!
There are several other hurdles for you to cross before getting paid. I've only made mention of the (3) because that disqualifies everyone I have ever worked with. If you would like to read the report yourself, here's the link.
Important changes to the website
Changes to the website
I am of the same opinion as many of the other experts and engineers in my field. That is, the Hardishake shingles have a "fatal flaw" in their design. James Hardie Building Products has not made this admission of a "fatal flaw". In fact, their opinion is quite the opposite in spite of the class action settlement. As a result, I have edited my comment to read "alleged fatal flaw" with an asterisk pointing out the following clarification at the bottom of the web page:
* James Hardie Building Products (JHBP) has denied all charges of wrongdoing or liability of any kind whatsoever asserted or which could have been asserted in litigation and has asserted and continues to assert various defenses to various claims.
I am of the same opinion as many of the other experts and engineers in my field. That is, the Hardishake shingles have a "fatal flaw" in their design. James Hardie Building Products has not made this admission of a "fatal flaw". In fact, their opinion is quite the opposite in spite of the class action settlement. As a result, I have edited my comment to read "alleged fatal flaw" with an asterisk pointing out the following clarification at the bottom of the web page:
* James Hardie Building Products (JHBP) has denied all charges of wrongdoing or liability of any kind whatsoever asserted or which could have been asserted in litigation and has asserted and continues to assert various defenses to various claims.
Why a blog about Hardishake?
I get calls regularly from all over the country asking about Hardishake. Insurance adjusters, Homeowners, and Home Inspectors need information to help them make important decisions.
I want to provide this free resource for everyone. Hopefully, the information shared here will help you in your decisions and will serve to help me remember more by using this blog as a personal reference... you know what they say about getting older!
I want to provide this free resource for everyone. Hopefully, the information shared here will help you in your decisions and will serve to help me remember more by using this blog as a personal reference... you know what they say about getting older!
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