EIFSFACTS.ORG
The Real Facts About EIFS
- Archived EIFS News-
Following are EIFS-related news events arranged in reverse chronological order.
12/10
These photos show just how "durable" EIFS is.
12/07
Good photographs showing how the rough openings for windows should be wrapped prior to window installation.
11/23
The Nedelcovychs, a Dateline NBC family, get a new brick exterior courtesy of Dryvit Systems, Inc. and Renaissance Housing Corporation.
11/22
The tear-off and recladding continues in the DC area.
These homes are Toll Brothers and Stanley Martin.
11/21
Word is in that RPM is in the final stages of negotiations to sell Dryvit Systems off to a European Corporation.
11/20
Fairfax, VA attorney Dave Wise told us last week that he has "between 40 and 50 EIFS cases pending". Meanwhile, Fairfax attorney Robert Richardson has filed two cases on appeal to the Virginia State Supreme Court.
10/28
Striking employees at Dryvit's Rhode Island Headquarters show their anger by hanging a penguin.
10/26
The EIFS industry is quick to blame faulty or "improperly-maintained" sealant joints for water "getting behind the EIFS". But do you know that sealants used to be part of EIFS? Up through the early 90's the ASTM definition (E 631) for EIFS was "a non-load bearing outdoor wall finish system consisting of a thermal insulation board, an attachment system, a reinforced base coat, exterior joint sealant, and a compatible finish".
EIFSINFO.COM now has documents on-line that show that as moisture problems began to mount there was a concerted effort within the EIFS industry to have sealants removed from the definition:
"We are attempting to remove sealants from the EIFS definition and should be successful with continued involvement of EIFS industry numbers"
Tom Remele, EIMA Technical Committee Chair, October 28, 1992
EIFSINFO.COM also has documentation showing that the EIFS industry was preparing to go into the sealant business and that Mr. Remele insisted that the industry move to a new, two-stage joint in an effort to limit water penetration, stating that the industry's own "details incorporating wet sealant as the lifeline between EIFS and abutting or interrupting elements in the wall construction is tenuous at best".
10/19
Attorney Peter Grenier has written to us to clarify the information in the Washington Post article detailing the verdict in Maday v. Toll Brothers. The Post errantly reported the total verdict as "nearly $1 million". Mr. Grenier's letter indicates the correct amount was $1.382 million, plus attorney's fees. He also says that Toll Brothers moved quickly to settle the nine other cases he had pending against them following the verdict. Congratulations to the Maydays and Mr. Grenier.
10/14
The Coalition of Leaky Condo Owners (COLCO), a British Columbia-based group of condo-owners now has a good web-site on-line. They have a number of good EIFS-related articles on their site. One article Vancouver, B.C.: 'a world-class disaster', published in the Seattle Times, quotes Pierre Gallant of the Canadian engineering firm Morrison Hershfield: "But the problem lies more with the nature of water itself ... Designers and builders are naive to rely on walls that lack the air spaces to drain the water that gets behind them ... It's all been tried here and failed, so this is ridiculous ...Water gets in everywhere, anywhere, any time. To try to make a face-sealed system work is a lost cause."
10/03
A Fairfax County jury has found Toll Brothers guilty of fraud in an EIFS case and has awarded the home-owners nearly $1 million in damages. Details in the Washington Post. Meanwhile, Toll Brothers has reportedly begun tearing EIFS off of homes in neighboring Loudoun County.
9/25
Dryvit workers are on strike.
"... production workers who walked off the job Monday [9/18] morning accusing the company of interfering with their right to organize as part of the Teamsters Union Local 251. Mundy said that the Teamsters yesterday had also filed four unfair-labor-practices complaints with the NLRB."
Source:
BYLINE: ELLEN LIBERMAN
DATE: 09-14-2000
PUBLICATION: Providence Journal Company
EDITION: East Bay
SECTION: NEWS
PAGE: C-04
9/4
We have received reports from several sources indicating that Dryvit Systems has fired Vice President Steve Collins. Other sources report that Mr. Collins has filed a lawsuit against Dryvit in Rhode Island. Sources also indicate that Dryvit has shut down Metroclean.
8/8
Toll Brothers is tearing off EIFS homes in Great Falls, VA (Great Falls Hunt) and Reston, VA (Hunter Mill Estates). Residents tell us there is already a waiting list for tear-offs that is more than a year long. The tear-off crews have apparently come up from North Carolina.
7/26
EIFSWEB.COM goes the way of EIFSALLIANCE.COM
After promoting EIFSWEB as providing an "open" forum, editor Dick Hopkins has decided that it is easier to delete tough questions than to answer them. He posted the following after deleting a number of questions posted by home-owners:
"EIFSweb forums are intended to provide an avenue for the industry to share objective, positive, constructive factual and helpful information."
7/25
Renown building forensic expert Mark Williams of Williams Building Diagnostics, Inc. says in affidavit that EIFS have inherent defects, are not compatible with standard residential building components and that EIFS manufacturers "failed to warn":
7/24
If you are having EIFS installed or any EIFS "remediation" work done you should know that that the contractor carries no liability insurance for damage to your property. Albert L. McComas of the Corporate Law Division of Zurich confirms that no liability insurance is available for contractors working with EIFS. He stated that there are no distinctions made between barrier and water-managed EIFS. Neither are covered.
7/23
Think all EIFS inspectors know what they are talking about? From Homestore.com:
Rcameron@home.com - Jan 29, 2000 - #35
This stucco you are thinking about is called exterior insulating finishing system or EIFS for short. The dateline show was very one sided. In fact eifs is one of the fastest growing siding in the country! It has got a bad name because all the buildiers that are using it are not following the eifs industry standards installing it. They are cutting corners. Although it still looks great when completed to the trained eye several installation defects can occure. If you are thinking of purchasing a home with this product you need to get it inspected. Look up Exterior Design Institute Or EDI for a list of certified third party EIFS inspectors in your area. We are trained to evaluate this product. Another point is that the more you look into this product the more afraid you will become about it. There are several hundred sites on the web that are only self serving and really do not do the product any good. Also just one more thing. All siding will leak. As a home inspector of homes and EIFS I find just as many problems with other sidings as I do with this product.
Update 6/01
We have been told by attorney Mark Wise that Renaissance has settled their part of the Nedelcovych suit leaving Dryvit as the sole defendant. The trial has been rescheduled for July 17. More updates as appropriate.
5/30
You may remember Amy and Pierre Nedelcovych from Dateline NBC. Looks like they'll be the first to get to trial in the Washington DC area. Their trial against Dryvit Systems, Inc. and Renaissance Housing Corporation is scheduled to begin June 5 in Fairfax Circuit Court. As with the Pepper trial, we are betting that after Dryvit sees the evidence presented by the Nedelcovych's very competent attorneys, Dave Wise and Dan Bryson, they will cave in and do whatever it takes to keep the decision out of the jury's hands. I am hoping not, though. Dave and Dan successfully used legal theories originially developed by Fairfax attorney Robert Richardson in getting their plaintiffs to trial.
Come on Dryvit - take it to the jury. They can handle the truth!
At this point I am planning on attending the trial as my schedule allows. I will post a play-by-play.
Amy and Pierre: We are all pulling for you!
5/18
Chicago bans barrier EIFS. It's laughable that the EIFS industry would try to spin the banning of the products they have so much confidence in* into a victory. See Winning The Battle In Chicago on the EIFS Alliance site.
* "The addition of the drainable option does not diminish the industry's confidence in and commitment to conventional EIFS."
Klamke, Stephan E., A Case of Misplaced Blame, The Official EIMA Website, September 1999
5/16
An attorney for Toll Brothers has confirmed that they are preparing to begin tear-offs and replacements of EIFS with one-coat. The number of homes in the DC area; "more than one hundred". This will set a precedent for the whole country. If they tear-off in DC they'll have to do it elsewhere.
5/12
We have just received news concerning the meeting. Apparently, Mr. Remele did not show. Unfortunately for EIFS manufacturers, attorney Kent Williams of Heinz, Mills & Olson P.L.C. did , and he gave a slide show featuring many smoking gun documents that, according to one attendee, "packed quite a punch". We also provided packets of information for home-owners, including some of the relevant documents we have. Also, according to the attendee, "... an attorney that was a member of the defense team was at the meeting and had a lame presentation in which he tried to illustrate how all claddings have water problems. It appeared to me that the audience saw right through the B.S."
Attorney Kent Willaims also announced that he has filed a class action lawsuit against Dryvit in Madison County, Illinois. His firm is also involved in the current class-action lawsuit in Texas. More information can be found on his firm's web site.
12/10
We have received word that there is a big EIFS home-owners meeting scheduled for Thurs. May 11 in Aurora, Illinois, a suburb of Chicago. Scheduled to attend are the infamous Tom Remele of Sto, Mr. I.J. Valainis of Dryvit and Bill Kasik of Senergy. Can you say "Damage Control"? We will be providing some interesting reading material for the home-owners so they will be able to ask the EIFS folks some tough questions.
We have received complaints from two home-owners that any postings to STO's Industry Insights Forum concerning water intrusion are being removed. We can confirm this. It appears that STO prefers to ignore questions for which it has no good answers.
Stuck with barrier EIFS? Wishing you had drainable? Perhaps these comforting words will bring you some solace:
“There’s not a lot we can do about yesterday, but there’s a lot we can do about tomorrow,” said EIMA President Peter Balint, of Dryvit Systems Inc.
Campbell, Greg, EIMA Round Up: Revitalized EIMA Sets Positive Agenda,Walls and Ceilings, April 2000
The EIFS Industry has established another web site - The EIFS Alliance. In their own words, "A website dedicated to the responsible representation of the EIFS industry". By "responsible" they obviously mean that the information has been filtered to remove damaging information from within the EIFS industry itself.
Note on the home page they say that EIFS is "A building technology so active that it requires you to be able to get the latest information quickly, which is why we're here". We are sure this is a typo. They must have meant to say that the EIFS industry is so active in damage control that you need to get the latest spin quickly. If you are considering writing a Letter to the Webmaster and have anything negative to say about EIFS save your time. They will not post anything critical.
Note that as there Feature Article they proudly display an Open Letter to EIFS Home Owners written by Ron McLure. If you read carefully you will notice that the last sentence says "This document was paid for by Senergy, A leading manufacturer of Exterior Insulation and Finish Systems." Enough said.
Georgia State Legislature passes Statute of Repose exemption for owners of homes with "synthetic stucco":
Property Tax, New Regulations Passed by Georgia Legislature
"Consumers also won broader rights to sue manufacturers and installers of synthetic stucco in future damage cases --- although no current damage claims would be affected. Currently, suits must be filed within four years of the material's installation. The bill allows suits within four years of the discovery of property damage."
The Atlanta Journal and Constitution/KRTBN, Mar. 26 2000
There are now approximately 60 individual EIFS cases pending here in Fairfax County. Fairfax County Circuit Court judges held a meeting in mid-March with all attornies representing EIFS plaintiffs. There have been conflicting rulings among the judges on pre-trial motions and the court wants to streamline the pre-trial process and establish consistancy in rulings.
Coming soon:
You already think Dryvit is slimy? We have obtained, via subpoena, documents from the case of Barlow vs. Dryvit, Inc. that will blow your mind.
04/02
We are still working on this. It has become a very interesting situation. We expect some action within the next week or so.
Got an EIFS home? Just auction it off.
CBS 48 Hours did a piece about the hazards of mold and mildew on Thursday, March 2nd.
The NC Class Action Settlement is final.
The first lawsuits have been filed in New York.
EIFSFACTS.ORG awarded Best of the Net for January
2000 by About.com
Attornies from Oregon & Seattle have been added to the Plaintiff's Attorney Network.
Multiple sources confirm Pulte Homes ("The Master Builder") is offering to tear the EIFS off of homes and replace it with hard-coat.
12/24
Dryvit Risks Contempt of Court
Dryvit refuses to produce discovery documents in McMillion vs. Dryvit Systems, Inc. Judge Arthur Vieregg issued order compelling Dryvit to produce the documents on or before April 16, 1999. They have yet to produce anything. A second Motion to Compel has been filed.
These are the games desperate people play.
We have just learned that the proposed Dryvit class action settlement will not allow opt-outs. More information on the EIFS Legal Network.
Toll Brothers Takes Action
We have confirmed through a number of independent sources that Toll Brothers is offering to tear off the EIFS for some home-owners and replace it with a hard-coat system in exchange for a waiver of liabilty on the new system. It has become obvious that the owners receiveing the offer are the ones that have not done their own testing and retained their own attornies.
11/17
As predicted, Dryvit saw the Plaintiff's presentation and caved in and settled, just like STO in the Pepper case. Attorney Dan Bryson reports that the terms of the settlement are confidential, but his "clients are pleased". Congratulations to Dan, Gary and their clients.
11/13
Dan Bryson reported today that the trial is going well. The court rejected the defendant's motion for summary judgement. The first week was spent selecting and seating a jury. Opening arguments are expected on the 15th.
Well, here's Dryvit's chance to put their money where their mouth is. If barrier really works like they say:
"The manufacturers' decisions to offer drainable EIFS as an option does not lessen EIMA's commitment to and confidence in the standard system" explained Stephan E. Klamke, EIMA Executive Director
then they should be ready and willing to show the evidence to the jury. The current concensus is that they'll cave in and attempt to settle as soon as they see the plaintiff's evidence, just as STO did at the Pepper trial.
11/02
NC attornies Dan Bryson and Gary Jackson are scheduled to start trial against Dryvit, Inc. on the 8th of this month in Cabarrus County, NC. Stay tuned for information.
10/26
STO has plead financial hardship in the NC class action. There was a hearing about it last week. The court has appointed a neutral auditor to review STO's financial records and report back to the court.
10/26
Several hearings concerning local EIFS cases were held today. Fairfax Circuit Court Judge Marcus D. Williams denied Dryvit's special plea and ruled that McMillion vs. Dryvit can go to trial on Fraud and potentially other counts. (Editor's note: It was worth the price of admission to see Dryvit's attorney, Eric Schwartz, turn very pale and ask the judge to re-read his ruling). This sets a precedent for Dryvit cases - at least in VA. It also opens the door for punitive damages. Trial is set for April 24.
It was also not a good day for Toll Brothers.
Looks like none of the manufacturers are willing to face the jury:
Dryvit has agreed to a tentative settlement rather than face the jury in the NC class action suit. We expect the other manufacturers will follow suit.
There should be plenty of money to repay affected home-owners: Dryvit's parent company announces record earnings.
Parex announces a similar tentative settlement.
Good photo showing the drainage gap in a brick wall.
Missouri repair contractors demonstrate novel approach to repairing EIFS problems.
Excellent EIFS article featuring feedback in Chicago Sun Times.
The proposed North Carolina class action settlement is now on-line.
STO has a discussion forum on their new web site. Click on the "Consumer" link in the upper-left corner. They claim there will be answers to questions.
Can't afford an attorney? Here's an interesting thought from a home-owner:
"I can't afford a lawyer at this time and can't find one to take a contingency case around here. So, I'm going to sue the bastards [Dryvit] myself. That's right. I know I won't win, not when I will be up against a real lawyer. But that's not the point. For a small filing fee and a fee to serve Dryvit's agent and a few hours of my time, I'll be forcing the f-----s to pay big bucks to a lawyer to show up to fight me. Hell, I could even file a claim in small claims court for, I think $20 here in Illinois. You can claim up to something like $2500. Think about it. My $20 and a couple hours time could end up costing the f-----s thousands in lawyer's fees. And they _have_ to show up. They can't just ignore it. If just 10% of the people with this crap on their houses did this we could put them all out of business in a couple of years. That wouldn't really help me or other homeowners, but it would be really satisfying."
[Editor's Note: The home-owner has requested not to have his name put up until he has "taken the action". On a personal note, I can attest to the high expense the EIFS manufacturers are incurring in defending these cases. My case is filed in Fairfax County, just outside of Washington DC. The slimebag, I mean, defense attorney hired by Dryvit to defend cases up here is out of Norfolk. He actually flies up, rents a car, shows up in court and flies back at the end of the day. Sometimes he stays over at a hotel (not cheap around here). All of these expenses are billed to Dryvit. But, as someone I know said, "Couldn't happen to a nicer bunch of folks".]
Toll Brothers continue to ignore home-owners in other states:
To Whom It May Concern,
A group and I own "stucco" homes in a Toll Brothers development in Newtown, Ct. We individually as well as a group have notified Toll Brothers regarding our concerns with their use and installation of the "stucco" on our homes. They have chosen to ignore our letters and we have decided to get an attorney involved. We might consider legal action and would be interested in getting in touch with your attorney's and any and all information you might have regarding the problems with EIFS. We Would greatly appreciate your help in this matter. They are EIFS systems that in Toll's advertising claimed they were stucco.
Toll Brother's should have plenty of money to help the home-owners; they announce record earnings for the year.
Charles Graham, an associate professor of construction science at Texas A&M University and noted building envelope expert, has just completed a study: "An Investigation of The Performance of Walls with Exterior Insulation and Finish System (EIFS) in Three Climatic Regions of the United States". The study was sponsored by the Council for Masonry Research.
Prepare for EIMA to claim the study is "tainted by brick money" despite Graham's exceptional academic credentials. But hey, that's EIMA.
Here is an excellent summary of the investigation that was done for a press release entitled:
"94% OF BUIDINGS SHOW MOISTURE LEVELS SUFFICIENT FOR STRUCTURAL DAMAGE"
Can you claim Fraud and False Advertising?
Mold, mildew and resulting health problems continue to move into the limelight. This USA Weekend article mentions "fake stucco"
Chicago is set to pass an ordinance banning barrier EIFS
STO now claims they do not provide "factory" training for applicators.
Read a report from a D.C. area home-owner about the EDI-certified inspector that tested his/her home, the inspector's testing "protocol" and his explanation of EIFS problems
"In the commercial sector, EIFS have enjoyed virtually problem-free performance since the introduction of the system to this country 29 years ago."
The Official EIMA Website, March, 2000
Tell that to the owners of the two year-old Sierra Suites Hotel in Chantilly, VA
Or the owners of the Guesthouse Inn in Mossouri
The architects and contractors who built the Smithsonian Air and Space Museum learned the hard way about barrier systems years ago.
Extra Daily News did an article on another Dateline home-owner, Omar Hilmi, who bought a Toll Brothers home thinking he was getting real stucco. Klamke had a hissyfit.
Dryvit e-mail shows concern for Synergy's withdrawl from EIMA and for EIMA's future. Dryvit formulates a plan to prop-up EIMA by paying membership dues for their distributors.
We have filed a Freedom of Information Act request with the US Department of Housing and Urban Development (HUD) for all documents relating to EIFS use in HUD projects. They are compiling the documents and we expect to receive them shortly.
EIMA has requested that EIFS home-owners share their experiences with their advertising agency, the Al Paul Lefton Co.
You can send a letter via snail mail:
Bernard Allmayer
Al Paul Lefton Company, Inc.
100 Independence Mall
West, Philadelphia, Pa., 19106
-or- send e-mail to ballmayer@lefton.com
EIMA hasn't even been truthful with their own advertising agency, Al Paul Lefton Co.:
"Dear Dave, It was good chatting with you about EIFS homes. I was surprised to learn that 33 percent of the EIFS properties your firm has inspected have displayed evidence of moisture damage. I would have expected a much lower figure. ...
cc: Stephan E. Klamke"
Letter from Bernard Allmayer, Account Suprvisor, Al Paul Lefton Co., to Dave Surette, RAL Inspection Services, Aug. 6, 1999
We have intiated contacted with Public Citizen, the consumer advocacy group founded by Ralph Nader to see if they can help us in the fight.
Here's what nationally-syndicated home remodeling expert Tim Carter had to say when a home-buyer asked about putting EIFS on her new home.
Think EIFS can't leak through the face? Take a look at this.
Do you like Chicago-style mushrooms?
Read an e-mail from a previous EIFS defender.
Read about the Obvious Weaknesses of EIFS by Jarome P. O'Conner
First lawsuit in Maryland filed Dec. 30, 1999
Stucco woes get national exposure
Chicago Alderman proposes EIFS ban
San Diego condo-owners awarded $11.59 Million in damages
North Carolina home-owners awarded $220,000 in first East coast jury verdict
The first PA settlement has been reached
Do you own a Toll Brother's EIFS home? Toll Brother's is being sued.
The NC Class-Action suit is Certified
Senergy Corporation Withdraws From EIMA
EIMA Changes Its Position - Barrier systems are no longer recommended for homes. Dryvit Systems quickly updates their web site.
But local builders continue selling barrier EIFS to unsuspecting home-buyers
Are builders in your area still selling barrier EIFS? Let us know
Locally: The Northern Virginia Building Industry Association (NVBIA) refuses to answer our questions, won't talk to home-owners either
Dryvit now says the use of EIFS on masonry chimnies is not recommended
Check out the big-time damage in Seattle
Savannah joins the club
Tennessee Division of Consumer Affairs issues warning about EIFS
Lawmaker moves to extend the Statute of Repose in Georgia
The product liability battle begins
STO Corporation caves in and settles the Pepper case
Marvin windows decides not to offer warranties to EIFS home-owners:
"This limited warranty does not apply to Marvin windows and doors installed in structures that do not allow for proper management/drainage of moisture, for example, Exterior Insulation and Finish Systems (EIFS), also known as Synthetic Stucco, without an engineered drainage system"
"The Marvin Windows & Doors Ten-Year Limited Warranty"
Milgard Windows makes the same Decision
Speaking of window manufacturers...
Peter Balint was an Executive Vice President of Morgan Industries, a major window manufacturer.. He has sense become an employee of Dryvit Systems and is the current President of EIMA. He is, of course, now a staunch defender of EIFS. Read a recent letter from NOVASHOC to Peter in reference to his recent interview in Walls & Ceilings Magazine.
Correction: In the letter to Mr. Balint, we incorrectly associated the Marvin Windows warranty statement (above) to Morgan Windows. The corrected sentence should read "Wasn't it during your tenure that Marvin Windows added the following clause to their window warranty:"
EIMA makes an excellent point:
"To focus only on EIFS without reviewing the entire wall system is to assume that each product in the wall operates independently," Klamke said. "In fact, there is a symbiotic relationship between products such as sheathing, EIFS, windows, flashing and sealants..."
Stephan Klamke, Executive Director of EIMA, Federal Court in North Carolina Denies Certification of Class-Action Suit Directed at EIFS Manufacturers, The Official EIMA Website, 1999
Editors Note: We couldn't agree more. There is a symbiotic relationship between the components that make up a wall assembly. Which is exactly what EIFS manufacturers ignored when they tested their EIFS only as continuous wall systems, not in combination with any other components of a wall system. Thank you Mr. Klamke. You have finally seen the light.
