Associated Materials Inc. filed a motion Dec. 5 to dismiss a lawsuit brought by an Oregon man who alleges the warranty claim on his Alside brand vinyl siding was improperly denied on the basis that damage was caused by “an unusual heat source.”
Plaintiff Michael Harney alleges breach of contract, negligence, unjust enrichment and unlawful trade practices against the Cuyahoga Falls, Ohio, company in the lawsuit filed in U.S. District Court in Portland. His lawyer says the business refused to cover $2,800 of replacement costs after the siding melted on one side of his former residence, possibly because of concentrated solar reflection from windows or some other kind of ambient heat buildup.
Associated Materials contends that “denial for that reason is expressly permitted by the warranty attached to the complaint, which specifically excludes claims for ‘distortion or warping due to unusual heat sources (including but not limited to barbeque grills, fire, reflection from windows, doors or other objects).'
“Indeed, the only plausible reading of the complaint is that Alside followed its warranty to the letter when it denied plaintiff's claim,” a memorandum in support of the defense motion says.
The 20-page document also says Associated Materials' counsel “conferred in good faith” with the plaintiff's lawyer on Nov. 30, but they were unable to resolve the dispute.
Last month, Harney's lawyer, Alex Nelson, told Plastics News that his client's vinyl siding wasn't near a BBQ, had never been subject to a fire, and had been exposed only to “typical environmental conditions.” Modern residential developments have houses in close proximity with energy-efficient windows, Nelson has said of the case, adding it could become a national class lawsuit.
In the request to have the lawsuit dismissed, Associated Materials says no facts in the case indicate the business did anything wrong to the plaintiff.
“Because plaintiff's complaint sets forth no facts showing from what defects his siding suffered or how the alleged defect resulted from Alside's conduct, it should be dismissed,” the memorandum says.
