Vinyl siding breach of warranty

Our vinyl siding is warping on 1 side of our home.  It's been replaced 3 times and keeps happening.  Manufacturer says its heat distortion, the sun reflecting off neighbors window and essentially melting our siding.  [The company] is now refusing to replace the sidng because it will coninue to warp.  I have a lifetime warranty from [the company] and it nowhere states "heat distortion" as a reason for voiding warranty. 

I spoke with attorney's and just think it may be too expensive for us.  I'm thinking about small claims court and am looking for any advice.

[The company] advised us some time ago to plant shrubs or trees and we planted 4. But since the warped siding is all along one side, it's pretty difficult to block.

I'm sure the stance they are taking is that it is not a manufacturer defect.  My issue is that they are breaching the warranty since they refuse to fix the problem anymore.  If it is not a product defect, then what does it fall under that they think it is not a warranty issue?

shueless:

I'm sure the stance they are taking is that it is not a manufacturer defect.

Right.

shueless:

My issue is that they are breaching the warranty since they refuse to fix the problem anymore.

How on earth do you reach that conclusion?

If your tire picks up a nail and goes flat, is that a product defect? No.

If a stone chips your windshield, is that a product defect? No.

If 80 MPH winds tear the shingles off your roof is that a product defect? No.

shueless:

If it is not a product defect, then what does it fall under that they think it is not a warranty issue?

There is nothing made by man that won't eventually succumb to the forces of nature. Some sooner, some later.

That this happens in the same place on your house (and noplace else), from the same cause, over and over again should tell you that there's nothing wrong with the product.

Have you gone out on sunny days with a digital thermometer (the infrared type is what I'm thinking) that you could aim at different areas of the siding to see how hot they are getting? How far away is the house next door from yours and are there many windows? I could see this potentially happening.

Have you googled "heat warping" and vinyl siding to see what might come up?

best of luck!
Matt

Check out this article - very interesting.

http://ezinearticles.c...

One common theme that I read on several websites is warping is usually caused by nailing the siding to tightly. But since this only happens on one side of your home, I would that isn't your problem.

Listen.  I have a transferrable lifetime warranty and no where in it does it talk about heat distortion not being covered.  This is my issue.  I am not concerned with "manufacturer defect" talk anymore.  It does not matter.  All that matters is the warranty and what it states is and is not covered.

shueless:

Listen. I have a transferrable lifetime warranty and no where in it does it talk about heat distortion not being covered. This is my issue. I am not concerned with "manufacturer defect" talk anymore. It does not matter. All that matters is the warranty and what it states is and is not covered.

Then go hire a lawyer and sue the manufacturer.

Apparently you know what you know and there's nothing we can tell you.

I was only told how this "heat distortion phenomenon" after the siding warped several times.  The company then suggested solutions.  I have had discussions with an attorney, however, I am considering Small Claims Court.  The large retainer fee is a big reason for that.  Also, it seems small claims may give me a better chance with the warranty issue.

shueless:

I am considering Small Claims Court. The large retainer fee is a big reason for that. Also, it seems small claims may give me a better chance with the warranty issue.

Small claims court is a good idea for your situation. The IL limit is $10,000.

Some points to consider:

1 - You can sue in your local court.

2 - You will have to serve the statutory agent of the manufacturer. You can find out who to serve by calling your secretary of state or checking your corporation commission website.

3 - You will need an estimate for the cost of replacing the vinyl siding on that side of the house.

4 - You will need an expert to come to court to testify that the damage is due to a product defect. That expert should be and engineer who can conduct labratory tests on the siding. That expert should have experience and qualify as an expert witness in court. I don't know where you would find such an expert but you can count on spending $1000 to $2000 for his services and his testimony.

As a claim rep I have hired experts to testify in lawsuits.

If you don't have an expert, you will lose.

If you try to use the contractor as an expert, you will lose. The manufacturer's expert will run rings around him.

Number 4 is the toughest part of preparing your case so I suggest you start googling for your expert before you file your lawsuit because you'll be wasting your time otherwise.

I understand having an expert since the company would have one, but do I really need to prove "product defect?"  My whole stance on this breach of warranty is that they are not honoring it.  Does it really matter if it is a product defect or not? Either way, "warped or melting siding" due to "heat distortion" is NOT in the warranty they provided me.

shueless:

I understand having an expert since the company would have one, but do I really need to prove "product defect?"

Yes.

shueless:

My whole stance on this breach of warranty is that they are not honoring it.

Then you will lose.

The warranty covers product defects. If the condition is not caused by a product defect, it's not covered.

shueless:

Does it really matter if it is a product defect or not?

Yes.

Because if it's not a product defect it's not covered and the manufacturer has no obligation to fix it.

shueless:

Either way, "warped or melting siding" due to "heat distortion" is NOT in the warranty they provided me.

Neither is vandalism. Under your theory, if somebody comes along with a knife and shreds your siding, it's covered because the warranty doesn't say it's not covered. How does that make any sense?

I've done some looking into "product defect" legal definition. Here's what I found:   The legal definition of defective product is one that has a manufacturing or design defect, or is faulty because of inadequate instruction or warnings (definition from uslegal.com). Also, "A product is considered defective if it doesn't work as expected and exposes its user to an unexpected danger. "
"Many definitions of reasonable consumer expectations come from the Uniform Commercial Code, which extends a set of guidelines on interstate commerce. As long as the product is used in its intended fashion, and it still results in harm to the user, the product may be considered defective. Some products are dangerous by design: knives, explosives, chemicals, chainsaws, etc. In this case a product liability lawsuit would have to establish that there was insufficient warning about the inherent lack of safety with the product." ( from InjurySettlement.com). If the vinyl manufacturer knew about melting siding and did not warn me of this issue, does this not qualify as "product defect.?"