Homes made with stucco are causing big problems for their
owners in all the lower 48 states. One manufacturer
has agreed to pay up. If you own a residence with synthetic stucco exterior wall cladding, you may have a legal
case against the manufacturer. Concerned homeowners should look for cracks, broken spots or shifting around
doors and windows.
Thousands of local homeowners may be able to cash in on a class-action lawsuit.
EIFS are
multi-layered exterior wall systems consisting of a finish coat, a
base coat and insulation board, all of which are
mechanically or adhesively
secured to plywood or another substrate. EIFS can be used as a component of the
exterior wall for residential structures. EIFS are available in various external
textures designed to look like
traditional stucco. Some homeowners sued the makers of stucco, Dryvit, on behalf on
all of Dryvit's customers.
The lawsuit claimed Dryvit's stucco was
defective. Dryvit settled the class-action suit, agreeing to give certain
customers a refund. To qualify for the refund, the stucco had to be installed in
1989 or more recently, and the
house must be inspected by Dryvit.
Homes acquired after June 5 of this year are not eligible.
There are a number of ways you can determine the type of EIFS on your home.
Documents such as warranties,
correspondence or bills of sale should indicate
who manufactured or distributed the EIFS. You may have already
had your home
inspected for moisture intrusion. You may be able to obtain assistance
in determining the type of
EIFS on your home by contacting your builder or
contractor.
The term EIFS stands for "exterior Insulation and finish systems. It is also called synthetic stucco.
It refers
to a
multi-layered exterior finish that has been used in European construction
since shortly after World War II. The
majority of repairs were to
buildings constructed of stone, concrete, brick, or other similar, durable materials.
Synthetic stucco
is also known as "Exterior and Insulation Finishing System." It is a multi-layered exterior wall
systems consisting of a finish coat, a base
coat, mesh and insulation board; all of which is mechanically, or with
an
adhesive, secured to plywood. EIFS are designed to look
like traditional stucco. The product has been used
in construction in the United
States since 1969.
EIFS layers consist of the inner layer of foam insulation board, secured to the exterior wall surface, often with
adhesive. Then the middle layer made up of a polymer and cement base coat, applied to the top of the insulation,
then
reinforced with glass fiber mesh. And finally an exterior layer which is a textured finish coat.
North American
builders began using EIFS in the 1980's, first in commercial
buildings, then applying it as an exterior finish to
residences--mostly wood
frame houses--using the same techniques that had been successful in Europe. Many
home owners began to
discover problems. EIFS layers bond to form a covering that doesn't breathe.
That's fine
when no moisture is present behind the covering, but if moisture
seeps in it can become trapped behind the layers.
With no place to go, constant
exposure to moisture can lead to rot in wood and other vulnerable materials
within the
home. What had worked well as an exterior shell for concrete and
stone became a problem when used on wood.
Here is how you determine if you have EIFS.
First of all the synthetic
stucco is soft and sounds hollow when tapped.
And secondly traditional
stucco is hard and brittle, and sounds solid when tapped. To maintain EIFS
properly, an
opening,
such as door and window frames and the areas around flashings, must be sealed
to prevent water from
seeping behind the EIFS. Gutters should
be kept clean and positioned to drain away from the house. Foam should
not
extend below grade. Items that
penetrate the stucco must be sealed. In other words,
no moisture should be able
to seep behind the EIFS.
Here are the major signs of problems: First there is mold or mildew
on the interior or exterior of the home. Secondly,
there is swollen wood
around door and window frames and blistered or peeling paint. And finally,
look for cracked
EIFS or
cracked sealant. To avoid the problems of the past, newer systems include a drainage
design to help keep
moisture from being trapped behind the covering.
Problems with EIFS have resulted in lawsuits, including Posey vs.
Dryvit
Systems, Inc., a class action civil lawsuit in the state of Tennessee. A
settlement agreement with Dryvit covers
home owners who, as of June 5, 2002, own
a one or two-family residential dwelling or townhouse in any state other
than
North Carolina (a separate civil case affects North Carolina residents). The
dwelling must contain synthetic stucco
manufactured by Dryvit Systems, Inc., and
it must have been installed after January 1, 1989.
Contact the law offices of David M. Glenn, a Board
Certified Trial Lawyer by the Texas Board of Legal
Specialization
