What are the lawsuits about?
In the lawsuits, Plaintiffs make claims about the durability of certain Timberline® Shingles.
Plaintiffs claim that shingles manufactured from January 1, 1999 through December 31, 2007 at a GAF plant in Mobile, Alabama
and from January 1, 1998 through December 31, 2009 at all other GAF manufacturing plants might prematurely crack, split, or
tear (cracking, splitting or tearing of shingles is all referred to in this Notice as "cracking" or "cracked"). Plaintiffs
claim that the shingles were defective. GAF claims that the shingles were not defective and that GAF's warranty appropriately
covers any problems. The parties resolved the matter by compromise before reaching the merits.
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What is a class action?
In a class action, one or more people called class representatives sue on behalf of a group or a "class" of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the class. In this case, there are two Classes described in the Settlements ("Settlement Classes").
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How do I know if I am included in the Settlement Classes?
There are two Settlements, which cover different GAF manufacturing facilities. The first Settlement involves Timberline® Shingles made at GAF's plant in Mobile, Alabama (referred to as the "Mobile Timberline® Shingles"). The second involves shingles made at other GAF plants around the United States (referred to in this Notice as "Non-Mobile Timberline® Shingles"). The specific details on class membership are provided below.
Mobile Settlement Class: Any qualified person or business who owns any property located in the United States with Mobile Timberline® Shingles manufactured during the period from January 1, 1999 through December 31, 2007. There is a Subclass or group of those Class Members who own property located in South Carolina.
Non-Mobile Settlement Class: Any qualified person or business who owns any property located in the United States with Non-Mobile Timberline® Shingles manufactured during the period from January 1, 1998 through December 31, 2009
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How can I determine if my shingles were manufactured in Mobile?
In order to determine whether you are in the Mobile Settlement Class, you will need to find out if you have Timberline® Shingles on your roof and whether those shingles were made at GAF's plant in Mobile, Alabama between January 1, 1999 through December 31, 2007. If your Timberline® Shingles were not made in Mobile, you may be a member of the Non-Mobile Settlement Class. (To be a member of one of the Settlement Classes, you will also need to determine when your Timberline® Shingles were manufactured.) As explained in this Notice, the benefits to which you may be entitled depend on which Settlement Class you are in.
There are a number of ways to determine whether your Timberline® Shingles were made in Mobile.
- If you still have the packaging on a bundle of the shingles that were installed on your roof, you can look for a code on the packaging.
- There are certain physical markings or codes on some Mobile Timberline® Shingles, which you may be able to find by removing a shingle from your roof and examining it.
- If you previously submitted a warranty claim to GAF and received a letter from GAF stating that you may be part of a class in Brooks v. GAF Materials Corp., which is being settled as part of the Mobile Settlement, GAF has determined that your shingles were made in Mobile and you are likely a member of the Mobile Settlement Class.
- If your property is located in certain states, you are unlikely to have Mobile Timberline® Shingles.
If you need help determining whether your Timberline® Shingles were made in Mobile, please call the toll-free number, 1-866-759-6518 for assistance. More information, including illustrative photographs, packaging codes, and a full list of states can be found in the "Important Documents" section of this website or by calling the toll-free number. In any event, if you submit a claim, GAF will determine if your Timberline® Shingles were manufactured in Mobile or elsewhere.
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Am I included if I am not the original owner of the structure?
It depends on which Settlement Class you are in:
- Mobile Settlement - South Carolina Subclass ONLY: You may be included in the Mobile Settlement Class if you own property located in South Carolina and you own the property as of the Effective Date of the Settlement.
- Non-Mobile Settlement and Mobile Settlement (other than those located in South Carolina): You may be a qualifying subsequent owner if you (1) notified GAF in writing of the transfer of ownership of the Shingles, as required under GAF's warranty, or (2) own property in a state that provides for the automatic transfer of warranty rights by law.
If you are not the original owner but you qualify as a subsequent owner as described above, you can only file a claim on cracked Timberline® Shingles if the original owner has not received compensation from GAF for those shingles.
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Who is not included in the Settlement Classes?
The Settlement Classes do not include:
- Anyone who excludes himself or herself from the Settlement Classes (see Question 14);
- Anyone who has already signed a release and/or received compensation from GAF for cracked Timberline® Shingles, whether in cash and/or through a certificate for shingles;
- Anyone who filed a claim in any court of law or through arbitration concerning cracked Timberline® Shingles that has been resolved (regardless of whether or not you received any compensation);
- Builders, developers, contractors, roofers, manufacturers, wholesalers, or retailers of homes, modular homes, manufactured homes, or other buildings with cracked Timberline® Shingles (except as to personal residences or commercial buildings owned by them);
- GAF, any entity in which GAF has a controlling interest, any entity which has a controlling interest in GAF, and GAF's assigns and successors; and
- The Judge overseeing the case and any member of her immediate family.
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What do GAF Timberline® Shingles look like?
A sample of the GAF Timberline® Shingles that are part of the Settlement Classes is shown in the picture above. The Timberline® Shingles included in the Mobile Settlement Class were made in GAF's Mobile Alabama plant from January 1, 1999 through December 31, 2007. The Timberline® Shingles included in the Non-Mobile Settlement Class were made in other GAF plants from January 1, 1998 through December 31, 2009.
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What do the Settlements provide?
The Settlements cover claims for:
- Cracked Timberline® Shingles;
- Damage to the Roof System (i.e., roof structure and roofing system including, but not limited to, the roof deck, underlayment, leak barriers, starter strips, ridge cap shingles, and attic ventilation); and
- Damage to Other Building Materials (i.e., anything directly connected to Timberline® Shingles or the Roof System including, but not limited to, flashings, gutters, siding, valley metal, crickets and saddles, plumbing vents, and soffit and fascia).
More details are in the Settlement Agreements, which can be found in the "Important Documents" section of this website.
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What can I get?
The benefits you may receive are based on: (1) the location of your property,
(2) where your Timberline® Shingles were made, (3) the date your Shingles were installed
and the date on which you make a claim, (4) the type and extent of damage to your Timberline® Shingles,
and (5) the size of your roof.
There are two components to the Settlements. First,
you can choose: (1) replacement shingles (comparable to the Timberline® Shingles installed) or (2) a cash payment.
Second, you may be eligible to receive a cash payment for Other Damages. The table explains the benefits subject to
the conditions below.
| Settlement |
Location of Property | Percent of Cracked Shingles on Roof |
Cash Payment Per Square+
OR Replacement Shingles
| Additional Payment for Other Damages++ |
| Mobile Settlement | In South Carolina |
More than 5% | Cash in an amount
determined by multiplying the number of Squares on an entire roof by $70
OR
Replacement shingles for entire roof
| Cash in an
amount determined by multiplying
the number of Squares on an entire roof by $80 |
| |
|
5% or less |
Cash in an amount
determined by multiplying the number of Cracked Squares by $70 OR
Replacement shingles for Cracked Squares |
Cash in an amount determined by multiplying the number of Cracked Squares by $80 |
| | Outside South Carolina |
More than 5% | Cash in an amount
determined by multiplying the number of Squares on an entire roof by $60
OR
Replacement shingles for entire roof
| Cash in an amount
determined by multiplying the number of Squares
on an entire roof by $50+++ |
| |
| 5% or less |
Cash in
an amount determined by multiplying the number
of Cracked Squares by $60
OR
Replacement Shingles for
Cracked Squares
| Cash in an amount determined by multiplying the number of Cracked Squares by $50+++ |
| Non-Mobile Settlement | Nationwide | 5% or more | Cash in an amount determined by multiplying the number of Squares on an entire roof by $60 OR Replacement Shingles for entire roof | Cash in an amount determined by multiplying the number of Squares on an entire roof by $30+++ |
| | | Less than 5% | Cash in an amount determined by multiplying the number of Cracked Squares by $60 OR Replacement Shingles for Cracked Squares | Cash in an amount determined by multiplying the number of Cracked Squares by $30+++ |
+A "Square" means a quantity of shingles sufficient to cover 100 square feet of roof.
++ "Other Damages" refers to compensation for: (1) the cost of labor and (2) any damage to the Roof System and Other Building Materials.
+++ If you file a claim more than ten years after installation of your Shingles, you will not be eligible to receive an additional payment for Other Damages unless you make your claim within one year of the Effective Date of the applicable Settlement.
Reduction in Payment
You may receive the payment as shown in the table above if:
- You are in the Mobile Settlement Class but not the South Carolina Subclass and your Timberline® Shingles were installed within eight years of your claim.
- You are in the Mobile Settlement Class and the property is in South Carolina and your Timberline® Shingles were installed within ten years of your claim.
- You are in the Non-Mobile Settlement Class and your Timberline® Shingles were installed within eight years of your claim.
Otherwise, your payment will be reduced proportionally to account for the amount of use you received from the Shingles.
The reduction factor will be calculated by dividing the number of months that have passed between installation and the date your claim was opened by the number of months in the warranty period applicable to your Shingles. The calculation is:
Number of Months From Installation of Shingles Until Date GAF Opens Claim Divided by the Number of Months in Warranty Period
If you otherwise qualify, benefits will be paid only if GAF does not determine there are any other reasons for the damage to your Timberline® Shingles such as improper installation ("Causation Defenses"). Please review paragraph 5.7 on pages 18 or 19 of the Settlement Agreements, which can be found in the 'Important Documents' section of this website, for a description of the Causation Defenses. The burden of proving a Causation Defense is on GAF.
Other Conditions
If you make a claim during the Smart Choice® Protection Period of the GAF Limited Warranty applicable to your Shingles, GAF will provide compensation under the terms of the GAF Limited Warranty instead of the compensation described above.
If you purchased an enhanced warranty for your Shingles such as a Golden Pledge Limited Warranty or System Plus Limited Warranty, then you will receive the greater of what you are owed under the enhanced warranty or the applicable Settlement.
Payment Examples
Example 1: A Class Member in Georgia files a claim for a 2,600 square foot roof that has Timberline® Shingles made in Mobile, Alabama. The Timberline® Shingles were installed eight years prior to when the claim is made. The Class Member provides documentation that 10% of all Timberline® Shingles on his roof are cracked:
Number of Squares = Size of Roof (in square feet)/100 = 2,600/100 = 26 Squares Payment = (26 Squares X $60) + (26 X $50) = $2,860
Example 2: A Class Member in Georgia files a claim for a 2,600 square foot roof that has Timberline® Shingles made in Mobile, Alabama. The Timberline® Shingles were installed fifteen years prior to when the claim is made, and the claim is made within one year from the Effective Date of the Mobile Settlement. The Class Member provides documentation that 10% of all Timberline® Shingles on his roof are cracked. In this case, the Class Member gets the same payout as in Example 1 above, but reduced to reflect the amount of use received from the Shingles. This Class Member's Shingles had a 30-year term under the GAF Limited Warranty.
Reduction factor = Number of Months From Installation of Shingles Until Date GAF Opens Claim Divided by the Number of Months in Warranty Period
Reduction amount = Payout in Example 1 of $2,860 multiplied by a reduction factor of (180/360) = $1,430
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How do I make a claim?
To open a claim, you can call 1-866-759-6518 or follow the instructions on the "Open a Claim" section of this website. To start the claims process, you must provide:
- Your name as owner of the structure and, if applicable, the names of any co-owners;
- Address of the structure that has Timberline® Shingles;
- Your address and, if applicable, the addresses of any co-owners;
- Whether you are the original owner or a subsequent owner;
- Your telephone number, email address, and preferred means of contact;
- Type of structure;
- Date when you first found out your Timberline® Shingles were cracked; and
- Date you purchased the structure.
Your claim will be opened (i.e., begin to be processed) after you provide this information, and you will then receive a Claim Kit in the mail.
You will need to submit the Claim Kit, including a Claim Form, and all supporting photographs and documentation. Finally, you will need to submit one full size and intact cracked Timberline® Shingle. All submissions must be received before the earlier of: (1) seven years from the Effective Date of the Settlements or (2) the expiration of the GAF Limited Warranty for your Timberline® Shingles. To obtain a Claim Kit, you can call 1-866-759-6518, follow the instructions in the "Open a Claim" section of this website, or email classactionclaims@gaf.com .
You are limited to a total of three claims under the Settlements (regardless of whether the claims are approved or denied) and can file only one claim in any two-year period.
Note: Claims may be evaluated by GAF based on the Claim Kits and shingle sample. However, GAF may inspect the structures that are the basis of your claim and remove shingles or other portions of property if reasonably necessary. More details are available in the Settlement Agreements, which can be found in the "Important Documents" section of this website.
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What if my claim is denied or I disagree with the amount of my payment?
There is a process in the Settlements to have a neutral third party known as a Special
Master resolve disagreements between you and GAF over whether you are eligible and how much money or
benefits you should get. If there are multiple claims for the same structure, this process will also
decide which claim is eligible. More details are available in the Settlement Agreements, which can be
found in the "Important Documents" section of this website, under Procedures for Appeals to Special Master.
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What about other cases involving GAF Timberline® Shingles?
You may have received or seen other notices in one of the class actions involving GAF Timberline® Shingles, a South Carolina case called Brooks v. GAF Materials Corp. That case was settled as part of the Mobile Settlement.
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If I didn't exclude myself, can I sue for the same thing later?
No. Unless you excluded yourself prior to March 16, 2015, you are part of the Settlement Classes and have no right to separately sue GAF for the claims covered by the Settlements.
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If I excluded myself, can I still get benefits?
No. If you excluded yourself, you may not make a claim under the Settlements and you will not be eligible to receive money from the Settlements. You will, however, be able to make a claim under any existing warranty applicable to your shingles.
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Do I have a lawyer representing me?
The Court has appointed a number of law firms as Class Counsel to represent you and all other members of the Settlement Classes. The following are the main points of contact for the two Settlement Classes:
Mobile Settlement Coordinating Class Counsel
Non-Mobile Settlement Coordinating Class Counsel
Shawn M. Raiter
Larson King, LLP
30 East 7th Street, Suite 2800
St. Paul, MN 55101
Tel.: (651) 312-6518
Fax: (651) 789-4818
Email: sraiter@larsonking.com | Charles J. LaDuca
Cuneo Gilbert & LaDuca, LLP
8120 Woodmont Avenue, Suite 810
Bethesda, MD 20814
Tel.: (202) 789-3960
Fax: (202) 789-1813
Email: charlesl@cuneolaw.com |
Robert K. Shelquist
Lockridge Grindal Nauen PLLP
100 Washington Avenue South
Suite 2200
Minneapolis, MN 55401
Tel.: (612) 339-6900
Email: rshelquist@locklaw.com | Michael McShane
Audet & Partners LLP
221 Main Street, Suite 1460
San Francisco, CA 94105
Tel: (415) 982-1776
Email: mmcshane@audetlaw.com |
If you have any questions about the Settlements, you can talk to Class Counsel, or you can hire your own lawyer at your own expense.
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How will the lawyers be paid?
The Court awarded the Non-Mobile Settlement Class Counsel attorneys' fees of $3,890,000 and $312,000 for costs and expenses. The Court also awarded a service payment of $5,000 for each of the nine Class Representatives in the Non-Mobile Settlement. These fees, costs, and expenses and service awards will be paid by GAF. The payment of attorneys' fees (for Non-Mobile only), costs and expenses, and the service awards will not reduce the benefits to the Settlement Classes.
The Court awarded the Mobile Settlement Class Counsel attorneys' fees of up to $3,000,000 and $700,000 for costs and expenses. The Court also awarded a service payment of $30,000 to be distributed among the Class Representatives in the Mobile Settlement. The payment of these attorneys' fees, expenses and service awards will be paid by GAF and will not reduce the benefits to the Mobile Settlement Class.
In addition to these attorneys' fees, the Court also awarded Mobile Settlement Class Counsel an additional payment of attorneys' fees based on a portion of the benefits paid to certain members of the Mobile class outside South Carolina. Under the Settlement Agreements, Mobile Settlement Class Members outside South Carolina will receive $20 more per square for "Other Damages" than Non-Mobile Settlement Class Members. The Court awarded Mobile Settlement Class Counsel 30% of this additional $20 per square payment to be paid at the time that payment is made to each qualifying Mobile Settlement Class Member outside South Carolina. This additional fee will not be paid by GAF and will reduce the payments made to Mobile Settlement Class Members outside South Carolina.
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Where can I get more information?
These FAQs summarize the Settlements. You can get more information about the Settlements by visiting other sections of this website, including "Important Documents", or by calling 1-866-759-6518.
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