Company says couple’s lawsuit alleging fading siding is barred by conditions of the warranty

CertainTeed Corporation claims a warranty for faded vinyl siding on an Edwardsville couple’s home does not cover the damages they allege.

According to the Dec. 1 complaint, Ronald and Lisa Long claim they purchased Owens Corning vinyl siding for their home at 4 Fox Trail Court in Edwardsville in 2000. The siding allegedly came with a lifetime warranty that covered blistering, cracks, corrosion, flakes and peeling.

In March 2012, the Longs began to notice that the siding was fading and corroding. They notified defendant CertainTeed and demanded that the company replace the siding, the suit states. The Longs say CertainTeed is named a defendant because it had acquired Owens Corning.

However, CertainTeed rejected the Longs’ claim, leaving the Longs with more than $25,000 in costs to replace the siding, the suit states.

“Defendant breached the lifetime warranty by rejecting plaintiffs’ claims, causing plaintiffs to sustain damages in excess of $40,000,” the complaint states.

Therefore, the Longs seek a judgment of $40,000, plus compensatory damages of $40,000, attorneys fees of $20,000, punitive damages of more than $250,000 and costs.

CertainTeed denied the allegations in its Feb. 23 answer, claiming the plaintiffs’ claims are barred by the statute of limitation and by the terms and conditions of the warranty.

The defendant also argues that the Longs’ complaint failed to show that CertainTeed engaged in “deceptive acts or practices distinct from the underlying allegations of a breach of contract or warranty.”

Additionally, CertainTeed argues that the plaintiffs’ request for punitive damages violates the 5^th and 14^th Amendments of the U.S. Constitution and would “constitute a deprivation of property without due process of law.”

The plaintiffs denied the affirmative defenses in their Feb. 26 answer.

Circuit Judge Dennis Ruth scheduled a case management conference for March 25 at 9 a.m.

David M. Duree of David M. Duree & Associates in O’Fallon represents the Longs.

Barry S. Noeltner and Keith P. Hill of Heyl, Royster, Voelker & Allen in Edwardsville represent Certainteed.

Madison County Circuit Court case number 14-L-1637