EIFSFACTS.ORG

The Real Facts About EIFS  

- What to do if you Have a Moisture-Intrusion Problem -

- Or, Welcome to the Club -

The following is provided in good-faith by home-owners who have been in your situation. Do not accept this as qualified legal advise. If you have any doubts as to an appropriate course of action, consult a qualified attorney admitted to your state Bar.

• Don’t panic. This is not a situation that is likely to cause any type of sudden structural failure in a residential structure.

• Resist the urge to go outside and start ripping the EIFS off yourself.

• Realize that you are not alone. Many thousands of homes have the same problem. Consider that you are more fortunate than those homeowners who don’t even know about the problem yet.

• Get a termite inspection immediately. Increasingly, termite inspection companies are refusing to inspect and warranty EIFS homes.

• Notify your builder. They may ask for your test documentation. It is your decision as to whether to provide it.

• Find out what portion of the damage your homeowner’s warranty will cover. This gets very sticky. Past experience tells us that you shouldn’t expect much.

• Notify the EIFS manufacturer. They may want to inspect the home. Be ready for the "the EIFS itself is fine, it’s the improper flashing, installation, homeowner’s maintenance, etc." story. This is the standard industry response. If you have retained an attorney, s/he will handle the inspection by the manufacturer.

• Expect a lot of finger pointing. The EIFS manufacturers will blame the builders and applicators. The builder will blame the applicators. the maufacturers are even beginning to blame the home-owners.

• Notify your insurance agent and file a claim under your homeowner’s policy. The chances of any kind of coverage are remote. It is important that they have this on file, however.

• Report the damage to your mortgage company. This may be a requirement of your agreement.

• File a complaint, in writing, with every applicable organization in your county and state. This is extremely important. In many states the Attorney General will only hear about this when enough people file complaints with the County and State Departments of Consumer Affairs. Remember, if you don’t put it in writing a problem doesn’t exist.

• Contact your County Department of Tax Administration - Real Estate Assessments Office, and file for a reassessment. You shouldn’t have to pay taxes based on a home with no damage. This is one of the most effective ways to get county officials to acknowledge the problem and get involved as it cuts into the tax base.

• Write to your congress person. This problem is so big that it is time congress looked into it.

• Consider contacting an attorney experienced in EIFS litigation for a consultation. Check our Plaintiff's Attorney Network.

• If you are thinking of selling the home, consider that it may be a requirement, by law, that you disclose this damage. Discuss this with your real estate agent or a qualified attorney.

• The EIFS manufacturer and/or your builder/applicator may want to settle with you by providing "repairs". We are vehemently opposed to this approach. We believe that the only way to repair a system that does not work is to replace it in its entirety. See Can It Be Repaired? for more information. Discuss this thoroughly with a qualified attorney. Remember - if EIFS worked you wouldn't be reading this page now. If it failed in the past it will fail in the future.

• If you are contemplating waiting for an upcoming Class Action Settlement, consider this: in September, 1998 Synergy, Inc. settled a national class action suit. After attorney’s fees and administration costs the average homeowner who files a complaint will receive about $4/sq. ft. We estimate that this is about 10% of the cost to truly remedy the problem.

• It is ill-advised to have the EIFS replaced or "repaired" in the hopes of seeking compensation later. Many who tried this in N.C. shot themselves in the foot when the industry successfully argued that they had destroyed the evidence. Consult a qualified attorney beforehand.

• Remember that if anyone does significant work to the exterior of your home, and you later file an action against your EIFS manufacturer, the manufacturer is likely to argue that the work contributed to, or caused, the problem(s).