A judge has preserved elements of a class action lawsuit alleging that Atlas Chalet Shingles are defective and deteriorating prematurely.
The lawsuit was filed on behalf of a South Carolina couple and others in the legal class. It alleges that Atlas marketed its Chalet Shingles as being durable, reliable, and compliant with ASTM (previously known as American Society for Testing and Materials) standards, making them appropriate for use in homes and other structures. However, the product did not live up to those claims according to the lawsuit.
A judge recently preserved the plaintiffs’ claim that Atlas violated an express warranty for the shingles. The judge ruled “the company’s marketing materials and packaging representing that the shingles meet building codes and industry standards created a warranty with the purchaser,” Law360 reported. The judge also found the plaintiffs properly alleged that they relied on the warranty, saying they would have purchased shingles manufactured by a different company had the warranty not been made by Atlas.
Atlas’ shingles are sold with a limited 30-year warranty against manufacturing defects, and the judge kept most of the suit's declaratory judgment claims, including claims that parts of Atlas' warranty are void as unconscionable, that Atlas must notify owners of the alleged defect in its process, and that Atlas will reassess all prior warranty claims and pay the full costs of repairs and damages.
According to Law360, the current lawsuit is part of a multidistrict litigation that consolidated six product liability cases over the shingles from federal courts in Alabama, Georgia, North Carolina, South Carolina, Ohio and Tennessee.
All of the litigation centers on accusations that the shingles prematurely crack and blister, contrary to the company’s marketing claims. Some customers have complained that the product has started to crack after as little as one year. The cracking and blistering can lead to granule loss, where chunks of metal detach from the shingles. The wearing of these shingles has left customers spending money, labor and time on repairing their roofs. Lawsuits have alleged that the shingles have caused them extra stress, instead of the peace of mind that Atlas promised.