Complaints About the Settlement Process
(Based upon the Masonite siding settlement)
This is a list of problems homeowners have encountered during the
past 2 years of the Masonite settlement process. I have provided hints
on how you can prevent these problems from happening and what to do if
it does.
ATTENTION:
If you are affiliated with the settlement in any way, attorney, employee,
inspector, etc, and you find errors in what I have described below, CONTACT
ME IMMEDIATELY so I can correct the information.
Complaints as of June 2002.
Overall
The process is now taking years to complete when it should be no more
than 6 months. Every property has had at the least 2 inspections and some
are going on their 2nd application as well as a re-inspection on their
2nd application.
Unfortunately, because of the other errors below, the owners have put
off repairs for many months, sometime years, and have sometimes given up.
They are being denied a fair settlement.
Inspection results.
On most properties we have had to request a re-inspection some having
enormous differences in results. In one case the inspector inspected twice
to verify the product was Masonite. The result was lower than we expected,
but identified about 7500 sq ft of Masonite on each of the 15 buildings.
The re-inspection resulted in 0 damage with 0 sq ft of Masonite. The third
resulted in 3 of15 buildings with Masonite and from $0 damage to $20,000
worth of damage for the same building.
This is a similar process for all the properties. A re-inspection is
almost always needed and requested. The owners are getting low balled on
a continuing basis.
Inspection Errors
I have seen many different errors, but the most severe is the actual
inspection of the properties and the errors in the results. These are blatant
errors that in some cases we believe the inspector was either not adequately
trained, or didnít inspect the property. In one case the condo had 5 feet
of snow around the buildings. There was no possible way to adequately inspect
this property. In other properties, pictures taken of the property showing
the damaged also shows a ladder leaning up against the wall, but no damage
identified. Yet there is obvious damage right next to the ladder. It is
almost as if the ladder was placed there just for the picture sake.
We have seen complete walls with obvious damage, yet no damaged noted.
We have requested the pictures of the damaged walls with the damaged siding
outlined in red and compared the results to the actual damage to the building.
The results were horrible. And this was not ěpossibleî damage; this was
obvious damage that was not considered. Whole walls were not considered
damaged; yet it was obvious even to the untrained eye.
Inspection training.
From all the errors listed above, the only reason is the lack of training
of the inspectors.
Claims Administration phone bank:
Overall good experiences from the folks on the other end of the line.
They all seem to help when answering questions or when researching a problem.
Attorneys
The attorneys could take a more proactive role in this. When we complain
about inspection errors or invalid results, it would be nice to see them
jump to help.
Lost Claims:
We have seen claims returned to us requesting proof of ownership, proof
of Masonite, proof of damage, etc when our records clearly show we have
sent in the material. Only when we ask to research the issue does the material
surface.
Not Masonite Samples
We have seen buildings being denied even after a picture of the stamp
was sent it. We have also seen claims denied after a $100 inspection fee
has been sent it. We do not send in $100 for buildings if there is any
possibility it is not Masonite. We send it in only when we are sure. After
we demand a second inspection the problem is resolved. Sometimes we must
remove a sample.
Discontinued Products
We have many condos with a discontinued product, but they are denied
the 20% rule. We can never get the name of the product, which they claim
is not discontinued, or a place we could purchase the product. This is
very frustrating to find a match. In most cases we cannot.
It is very difficult if not impossible to replace a subset of a wall
when the boards are hidden nailed. Once you take off the damaged board,
the board above must be partially removed which will cause damage to the
board. This compounds the problem with discontinued products.
Lost results
We have had many occasions where we are mailed results or checks, which
we never receive. At times I have received mail for other homeowners I
am not assisting.
Previous Complaints. Most have been resolved.
Lost settlement checks
Many homeowners in my neighborhood of 400 Masonite homes have had their
checks mailed to a wrong address. In some cases a neighbor has received
3 checks for others in the community. We have had 2 individuals who applied
early in the year and they have yet to see a check. The claims admin claims
the checks were mailed months ago. Check periodically with teh claims admin
to verify your check has been mailed.
Lost applications in the mail
I've had this happen to me. When you send in the application, call
a few days later and see if it has arrived. I have now been sending applications
via 2 day mail with the new delivery check. You can check to see if the
post office delivered it and when on the internet.
Lost $100 deposits
Some homeowners sent in $100 for the inspection instead of sending
in a sample. Only when they specifically asked did they get this money
back. Check your settlement offers before you accept.
Mishandling homeowners information
Many homeowners in my subdivision had their mailing addresses changed
for no reason. Their offers were sent to another business. By chance I
knew the owners and they forward the information to me.
Missed inspections
According to the settlement, they are to inspect within 90 days of
having your application approved. If you have not been inspected call the
claims admin. They will not and have not been actively checking this. If
you do not track this, you will probably never be inspected.
Poor Inspections
In the beginning of the settlement we had some terrible inspections.
Over the past year or so they seem to have been pretty fair, but lately
we have had another set of very poor inspection results. There is little
to do about this.
Defective Glue
(I'm not kidding) All the envelopes I received from the claims administration
had glue that wouldn't stick. A neighbor of mine had their claims lost
in the mail, TWICE! We think it could be the glue let loose and the contents
were thrown across the Post Office. So.....use a bit of tape to secure
the envelope and use confirmation tracking (35 cents extra)
Missing Buildings
On 3 homes in my subdivision the inspectors "forgot" to inspect the
garages, or the results of the garages were never provided to the claims
admin or to the homeowners. This happened to 3 homeowners in just one single
subdivision.
Clerical Errors
A homeowners was denied a claim because she had stated the homeowners
association was responsible for the exterior of the building. Upon reviewing
the copy we sent to the claims admin we determined it was a clerical error.
We checked the box stating the association does NOT have this responsibility.
The claims admin agreed and corrected it quickly. So, keep a copy of your
claims for your record! And dont give up!
Math Errors in the Settlement Offers
Many homeowners have found very simple math errors in their settlement,
for example, $3.97 * 1000 = $2876.00. As simple as that. Addition errors
in the total sq footage of the house are common. It almost seems in some
cases they are not using computers to do this type of math. So carefully
check the math before you accept the check,
Incorrect regionally adjust cost figure
Homeowners in my area were given settlements based upon panel siding
at a cost of about $3.50 a sq foot, but every home in my subdivision, about
400, with Masonite has LAP siding. This should be at $3.97 a sq foot. These
mistakes were made even though the settlement offer clearly states LAP
not PANEL siding. Check before you sign.
Miscalculations in the measurement of the house
My neighbors on both sides of me had measurements so far off, they
thought they had the measurements of a different home. Again, check before
you accept.
Regional Adjusted cost too low
I have yet seen anyone received enough money to remove, replace, and
paint their homes based upon the regionally adjusted cost. This cost is
way too low, but there seems to be little to do about it. Each year the
rate is adjusted for inflation. Last year we must have had negative inflation
since the price in Houston went down from $3.99 to $3.97.
Safeguarding personal information
Some homeowners have received settlement checks with other homeowners
names on them. Again, check before you sign.
No advertising about the settlement
There has been little if any advertisement of the settlement in the
area. Houston has thousands of homes with Masonite, yet no organization,
not even the attorneys have advertised.
"Reasonable Substitutes"
According to the settlement if Masonite has discontinued a particular
product then homeowners only require 20% damage to get 100% compensation.
But if there is a reasonable substitute, then homeowners require at least
75% damage before being compensated 100%. They are now allowing competitor
products be be considered "reasonable substitutes". For instance I was
told by Mr. Cole of Masonite that Temple and Boise Cascade makes identical
looking products as woodsman 8" lap. Temple and Boise had state class actions
filed against them in Texas last year.
Wall Sections
According to the settlement if a wall section is 50% damaged, then
the entire wall is compensated for. But....wall sections are not defined
in the settlement. The definition of wall sections are to help the homeowners,
but in many cases it actually makes it more difficult to get fair compensation.
Damage specifications
According to the settlement, the inspectors should be using feeler
guages, and Delmhorst Moisture Meters to measure the moisture content and
edge checking. We have yet to see any type of instuments used besides a
visual inspection and pictures during their inspections. Some inspectors
take less than 10 minutes.
Changes to the Settlement
It seems that although there is a settltement document detailing the
terms of the settlement, changes are being made as the settlement progresses
such as the definition of wall sections and reasonable substitutes or how
they determine damage to the siding. |