To see if you can get money from this Settlement, you first have to know if you are a Class Member. You are a Class Member if you have owned a building whose roof, at some time during your ownership of the building, contained CertainTeed Organic Shingles that were manufactured after July 1, 1987, and one of the following applies to you:
- You were the owner of the building on December 15, 2009;
- You sold the building before December 15, 2009, and, when you sold the building, you retained the legal right to make a claim on the CertainTeed Organic Shingles;
- You submitted a warranty claim to CertainTeed regarding the CertainTeed
Organic Shingles between August 1, 2006 and October 2, 2010.
All Class Members are bound by the terms of the Settlement Agreement. Some class members are no longer eligible to file a claim because the deadline for certain claims has expired. See the Claims Deadlines tab or FAQ Question 48 for further information.
If you are a Class Member and your claims deadline has not expired, you may qualify for a payment if you are an Eligible Claimant. Briefly, this means that your CertainTeed Organic Shingles are Damaged pursuant to the criteria set forth in the Settlement Agreement AND available evidence shows that the Damaged condition was caused by a product defect rather than improper installation or other causes that are not the fault of CertainTeed.
You are not a Class Member even if the Organic Shingles covered in the Settlement were installed on your building if:
- You excluded yourself from this Settlement on a timely basis;
- You previously filed a claim concerning your CertainTeed Organic Shingles in any court of law, and the claim was resolved with a final judgment, whether or not that judgment was favorable to you;
- You are or were a builder, developer, contractor, manufacturer, wholesaler, or retailer of real estate or real property (except as to personal residences or commercial property that you own or owned);
- You are a company that owns or is owned by CertainTeed, you are CertainTeed or its successor, or you are an agent of CertainTeed;
- You are the Judge in this lawsuit, or a member of the Judge’s immediate family.
You are also not a class member if you acquired the building after December 15, 2009. However, as someone who acquired the building after December 15, 2009, you may succeed to the rights of the class member from whom you acquired the building and be eligible to receive compensation under the Settlement Agreement if the warranty applicable to your shingles covers you as a Subsequent Purchaser and CertainTeed receives a qualifying claim package prior to the expiration of the warranty period for subsequent owners.