EIFSFACTS.ORG

The Real Facts About EIFS

- Home-Owner's Question and Answer Forum -

A panel of 13 experts covering a wide-range of expertise addressed an audience of approximately 175 at Saturday's Home-Owner's Q&A forum. WUSA TV Channel 9 sent a news crew and interviewed both home-owners and panel members. Although we would have liked to have had a larger audience turnout, we learned after the forum that at least two of the attendees were officers of HOAs and were attending for their communities. One was an HOA President of a town-home community of some 90 homes.

Figure 1: The Fairfax County Government Center

Figure 2: The Board Auditorium

Figure 3: Attorney Dan Bryson Addresses the Audience. Panel members left-to-right: EIFS Inspector Carl Schneider, Remodeling Expert Don Zeman, Attorney Gary Mason, Attorney Gary Jackson, (Dan Bryson), Attorney Joel Rhine, Attorney Bob Richardson, Engineer Ron Wright. Not shown: Ty Prettyman, Dr. Lee Dickinson, Greg Baumann, Paul Lynch, Regie Bullard.

The highlight of the forum was definitely the collection of display boards provided by attornies Joel Rhine and Dan Bryne. These display boards included enlarged images of Sto Corporation internal documents used in the Pepper case. Home-owners were absolutely flabbergasted to see proof, in writing, that Sto has covered up EIFS problems for so many years. One favorite was the cartoon drawn by a Sto excutive showing an EIFS falling off a wall with an annotation stating "I think they expected it to stay on the wall!". Although the Sto exec meant this to be humorous, the home-owners who saw it certainly weren't laughing. A second favorite was a Sto memo in which one executive crossed out a sentence written by another Sto exec. The sentence stated that "in order for an EIFS to function properly, it must be installed with absolute perfection" [paraphrased]. The Sto exec that crossed it out hand-wrote in the margin "Careful. let's not be too critical of what we are selling today".

Figure 4: Audience Members Examine Display Boards from the Pepper Trial

Figure 5: One of the "Smoking Guns". The memo from one Sto executive to another stating: "Let's not be too critical of what we are selling today!"

Much thanks to the panel, the audience, those who pitched in and a special thanks to Sharon Downer, head of Fairfax County Facilities, who came in on Saturday to make sure we had the facility support we needed. We'll be adding some photos of the forum to this page as soon as possible.

Home-owners were understandably upset that the following organizations did not have a presence:

EIFS Industry Members Association (EIMA)

Dryvit Systems, Inc.

Sto Corporation

Northern Virginia Building Industry Association (NVBIA)

Northern Virginia Association of Realtors (NVAR)

National Association of Home Builders (NAHB)

As requested, following is a list of participating panel members along with credential and contact information:

Ron Wright - P.E., Senior Project Consultant

Ron is considered a leading forensic engineer and an authority on EIFS probelms. Over 10 years experience in review, investigation, analysis and service as an expert witness associated with EIFS. Member AGC, SBCCI, ASA and ASTM.

Contact information:

R.V. Burick Construction Consultants, Inc.

Phone: (910) 791-3299 Fax: (910) 395-2781

Bob Richardson - Attorney

Bob is a principal with the fairfax,VA firm of Odin, Feldman & Pittleman, P.C. where he practices in the areas of construction and real estate law and commercial litigation. He has been in the practice of law in Fairfax County since 1973 and has been with his current firm since 1974. He has a martindale-Hubbell rating of "AV". He is a member of the bars of VA and DC, and is past Chairman of the Construction Law Section of the Virginia Bar. He has been lead council in numerous cases resulting in reported opinions from the Supreme Court of Virginia, the United States Court of Appeals for the Fourth Circuit and the United States District Court for the Eastern District of Virginia. He has several EIFS cases pending and others in preparatory stages.

Contact Information:

Joel Rhine - Attorney

Joel maintains an active trial practice and has tried cases in state and federal courts, arbitrations and administrative proceedings and has been involved in numerous appeals, in both state and federal courts. Mr. Rhine limits his practice to complex civil litigation, construction litigation, class actions, catastrophic personal injury and wrongful death cases, and a multitude of product liability actions. He has participated in numerous class action lawsuits, including actions concerning defective products. With regard to EIFS cases, Mr. Rhine has represented hundreds of homeowners; was co-counsel (along with Mr. Bryson) in the Pepper case, which was a six week EIFS trial against Sto. Corp. and others; and, along with Mr. Crouch is a Plaintiffs' attorney in the North Carolina Class action against various EIFS manufacturers. Mr. Rhine received his Juris Doctor from Wake Forest University School of Law in 1988, where he was elected to the Wake Forest University Law Review and received the Wake Forest Law Review award in recognition of his two publications. From 1988 to 1991, Mr. Rhine was associated with the law firm of Hunton & Williams, one of the top fifteen largest firms in the country. While at Hunton & Williams, he was involved in many complex litigation matters, including litigation involving: defective construction of numerous commercial projects, including shopping centers, large office buildings and two nuclear power plants; wrongful death actions; environmental contamination cases; insurance disputes; product liability cases and other complex trials on behalf of the firm's largest corporate clients. During his tenure with Hunton & Williams, Mr. Rhine contributed to Douglas' Forms, Civil Litigation, a publication recognized as a standard reference manual for North Carolina attorneys. Upon relocation to Wilmington in 1991, Mr. Rhine associated with Shipman & Lea and was awarded partnership shortly thereafter. Mr. Rhine was a founding partner of Lea, Clyburn & Rhine in 1995 and has been instrumental in numerous multimillion dollar verdicts and settlements. Mr. Rhine is active in community activities and politics. He is the immediate past President of the New Hanover County Bar Association

Contact Information:

Dan Bryson -Attorney

Dan has extensive experience representing homeowners in EIFS related litigation. Since 1995, Mr. Bryson has successfully settled dozens of EIFS related law suits. He is assisted by four other attorneys in the firm's office in Raleigh, North Carolina. His firm also has an office in South Carolina. In the fall of 1998, Mr. Bryson, along with Mr. Rhine were the first attorneys in the Southeast to actually try a case against an EIFS manufacturer. (The general contractor and applicator were also defendants.) The case settled very favorably after six weeks of trial. Mr. Bryson has assembled extensive legal research files and compilation summaries of thousands of pertinent documents. For the last eleven years, Mr. Bryson has concentrated his practice in construction related litigation. He earned his undergraduate degree from the University of North Carolina at Chapel Hill and holds a law degree from Wake Forest University. Mr Bryson also has an MBA from the University of North Carolina at Greensboro. Mr. Bryson is the course planner for the Advanced Synthetic Stucco Seminar, "Trial and Beyond," scheduled for May 14, 1999 at the NC Bar Center in Cary, North Carolina. He is a frequent speaker to various homeowner groups and associations regarding EIFS related litigation.

Contact Information:

Lewis & Roberts

P.O. Box 17529

Raleigh, NC 27619

Office: (919) 981-0191 Fax: (919) 981-0199

e-mail: danbryson@lewis-roberts.com WWW: www.eifslaw.com

Gary Jackson - Attorney

Gary limits his practice to representation of owners and consumers in construction, commercial and products liability litigation. Mr. Jackson earned both his undergraduate (1976) and law degrees (1979) from Duke University, where he was a member of the editorial board of the Duke Law Journal. After completing his legal studies, Mr. Jackson served as law clerk to U.S. District Judge Robert Aguilar. Until 1995, Mr. Jackson was a partner in the litigation group of Womble, Carlyle, Sandridge and Rice, North Carolina's largest firm. His current firm, Michaels & Jones, is comprised of twelve trial lawyers whose practices are devoted exclusively to representation of plaintiffs. Mr. Jackson frequently speaks to bar association groups and homeowner associations about EIFS topics. In addition to having served as lead counsel in over 150 EIFS cases throughout North Carolina, Mr. Jackson has assisted attorneys in Texas, Alabama, South Carolina and Michigan in prosecuting EIFS claims. He has been an arbitrator on the panel of the American Arbitration Association since 1985 and has held numerous leadership positions in civic and bar organizations. Mr. Jackson is licensed to practice law in California, New York and North Carolina.

Contact Information:

Michaels & Jones

4000 Westchase Boulevard, Suite 500

Raleigh, North Carolina  27607

Office: (919) 821-0005  Fax: (919) 832-7426

e-mail: GWJ@M-J.com  WWW: www.eifslaw.com

Gary Mason - Attorney

Gary focuses on Consumer Protection and Product Liability, Environmental Threats and Antitrust Actions. He was actively involved in In re Exxon Valdez, In re Synthetic Stucco Litigation (as a member of the plaintiffs' steering committee), the Polybutylene Pipe Litigation, and numerous consumer protection and product liability class action suits. He was formerly an associate at Skadden, Arps, Slate, Meagher & Flom in Washington, D.C. He is a Vice-Chair of the Toxic Tort and Hazardous Substances and Environmental Law Committee of the American Bar Association. Mr. Mason is also listed in Who's Who in American Law.

Contact Information:

Karl Schneider - EIFS Inspector

Karl has more than 10 years experience in the residential construction industry. he has specialized in EIFS inspections in the D.C. area for the last year and has performed more than 100 residential inspections.

Contact Information:

Stonecastle Group

3009 Westhurst Ln.

Oakton, VA 22124

Phone: (703) 281-4600 Fax: (703) 258-

e-mail: scgroup@bellatlantic.net

Ty Prettyman - EIFS Inspector

Ty holds an M.S. degree in mechanical Engineering and currrently works in the Alexandria office of Exponent Failure Analysis. He has participated in several hundred EIFS home moisutre-intrusion inspections. He has developed large EIFS databases and performed analysis of EIFS data. Exponent Failure Analysis Associates is the nation's leading engineering and scientific consulting firm specializing in the investigation, analysis, and prevention of failures and accidents.  Exponent has been involved in EIFS issues since 1995 when they started conducting EIFS-home inspections in Wilmington, North Carolina for a large insurance company.  While teamed with another engineering firm in Wilmington, Exponent helped develop the EIFS-home inspection protocol used today, and performed home moisture testing inspections.  Later, they participated in window leak testing and damage assessment inspections, where sections of the EIFS cladding were removed to reveal damaged sheathing and framing members.  The concentrated EIFS effort in Wilmington lasted over a year and a half.  To date, Exponent has participated in over 700 home inspections nationwide, including inspecting non-EIFS homes to compare the performance characteristics of EIFS to more traditional claddings like wood, vinyl and brick. 

Contact Information:

Exponent Failure Analysis Associates

310 Montgomery St.

Alexandria, VA 22314

Phone (703) 549-9565 Fax (703) 549-4225

www.exponent.com

Dr. Lee Dickinson - P.E., Director - Exponent Failure Analysis Associates

Lee holds a Ph.D. in Civil Engineering and is a former Board Member of the National Transportation Safety Board (NTSB). He has conducted numerous EIFS home inspections and has analyzed EIFs data and presented the findings to home-owners, contractors and attornies. He has served as an expert witness in EIFS-related matters. Exponent Failure Analysis Associates is the nation's leading engineering and scientific consulting firm specializing in the investigation, analysis, and prevention of failures and accidents.  Exponent has been involved in EIFS issues since 1995 when they started conducting EIFS-home inspections in Wilmington, North Carolina for a large insurance company.  While teamed with another engineering firm in Wilmington, Exponent helped develop the EIFS-home inspection protocol used today, and performed home moisture testing inspections.  Later, they participated in window leak testing and damage assessment inspections, where sections of the EIFS cladding were removed to reveal damaged sheathing and framing members.  The concentrated EIFS effort in Wilmington lasted over a year and a half.  To date, Exponent has participated in over 700 home inspections nationwide, including inspecting non-EIFS homes to compare the performance characteristics of EIFS to more traditional claddings like wood, vinyl and brick. 

Contact Information:

Exponent Failure Analysis Associates

310 Montgomery St.

Alexandria, VA 22314

Phone (703) 549-9565 Fax (703) 549-4225

www.exponent.com

Don Zeman - Home Improvement Expert

Don has been in the construction industry for many, many, many years. He has traveled extensively and looked at the EIFS issue on a national scale. He is the host of Homefront, a nationally-syndicated home-improvement radio show.

Contact Information:

Phone: (573) 445-7767 Fax: (573) 446-4430

WWW: www.homefront.com

Greg Baumann - Director of Technical and Field Services

Greg is the Director of Technical and Field Services for the National Pest Control Association, Dunn Loring, Virginia. In his role at NPCA, he is responsible for all technical activities including technical assistance to member companies, development of new technical products, regulatory assistance to members, and interaction with government agencie s. In addition, he is responsible for the industrywebsite, Pestworld. Prior to his promotion to his current position, he served as Manager of Government Affairs and was later promoted to Technical Manager, both at NPCA. Prior to NPCA, he worked in the in dustry both in the U.S. and in Canada. Experience includes quality assurance functions including supervising toxicology, microbiology, engineering, and chemistry laboratories. In addition, he was technical services director for a national insurance compan y which underwrites PCOs. In that position, he spent time in loss control, claims adjusting, and defense. Baumann is a frequent speaker at state, national, and international technical and regulatory meetings. He holds a bachelor's degree in chemistry and is a certified commercial applicator in the Commonwealth of Virginia. He is a founding member of the Pennsylvania Pest Control Association Accredited Wood Destroying Insect Inspector Program Committee, the only national accreditation program for wood destro y ing insect inspectors and the Virginia Pest Control Association Wood Destroying Organism Committee. He frequently works with the National Association of Home Builders and is a member of the Ad Hoc Termite Committee of the Southern Building Code Congress. H e is also co-chair of the NPCA/SPI Joint Termite Committee. Baumann is a member of Pi Chi Omega, the Central Atlantic States Association of Food and Drug Officials, the Entomological Society of America, the Institute of Biological Sciences, and the Societ y of Environmental Toxicology and Chemistry.

Contact information:

National Pest Control Association (NPCA)

8100 Oak St.

Dunn Loring,VA 22027

Phone: (703) 573-8330 Fax: (703)573-4116

WWW: www.npca.org

Reggie Bullard: Stucco and Plaster Contractor

Reggie is President of R. T. Bullard, Inc. and specializes in traditional stucco and plaster. He has extensive experience in all facets of residential contruction and has been a "critic of EIFS since it first came to the U.S.".

Contact Information:

R.T. Bullard

3332 Spring Lane

Falls Church, VA

Phone (703) 845-1565

Paul Lynch - Director, Residential Inspections, Fairfax County Department of Environmental Management

Paul has been the Director of Fairfax County Residential Inspections since 1990. He is a Certified Building Official (CBO) and served as a member of the Ad Hoc Committee on EIFS for the Board of Housing and Community Development in Virginia.

Contact Information:

Fairfax County Department of Public Works and Environmental Services

Office of Building Code Services

12055 Government Center Parkway

Fairfax, VA 22035-5504

Phone: (703) 631-5101 Fax: (703) 324-3901