Decking Settlement

United States District Court
For the District of New Jersey

If You Are a Property Owner in the United States with Cross Timbers Decking, DuraLife Decking, or Railways Railings You Could Get Benefits from this Class Action Settlement.

A FEDERAL COURT AUTHORIZED THIS WEBSITE. THIS IS NOT A SOLICITATION.


  • A proposed Settlement has been reached in a class action lawsuit involving: (1) Cross Timbers and DuraLife decking products manufactured or sold by Elk Corporation (“Elk”) or Building Materials Corporation of America (“Defendant”) (“Decking”) or (2) Railways railing products manufactured or sold by Defendant or Elk (“Railways”), collectively “Decking Materials.” The lawsuit claims that such Decking Materials are or were prone to splitting, warping, swelling, shrinking, or surface decay and to develop pervasive mold, mildew, or fungal or other growth. Defendant claims that the Decking Materials were not defective, and there has been no determination of wrongdoing by the Court.


  • You may be included in the Settlement Class if you purchased (or are a Permitted Transferee of the underlying warranties of): (1) Decking manufactured or sold by Defendant or Elk between January 1, 2002 and December 31, 2012 which remains installed on your property on November 11, 2016 and (2) Railways manufactured or sold by Defendant or Elk between January 1, 2005 and December 31, 2012 which remains installed on your property on November 11, 2016.


  • The Settlement provides cash compensation of up to $5.53 per linear foot of total Decking boards and fascia, and up to $5.00 per linear foot of total Railways handrails, subject to applicable proration and other terms provided in the Settlement Agreement. The Settlement is contingent upon the Court’s final approval.


  • This website provides only a summary of the terms of the Settlement Agreement (which is available for review in the ‘Important Documents’ section of this website). Capitalized terms in this website have a specific, defined meaning. If the meaning of a capitalized term is not included in this website, please refer to the Settlement Agreement for the meaning.
This website is authorized by the Court, supervised by counsel for the parties, and controlled by Heffler Claims Group, a third party claims administrator. This is the only authorized website for this Settlement. For more information, please call toll free 1-(844) 528-0185.

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

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Important Dates

  • Notice Sent to Known Class Members:

    Friday, November 11, 2016 Direct Mailing of Class Notice to known Class Members.
  • Objection Deadline:

    Tuesday, January 10, 2017

    You must mail your objection(s) to any aspect(s) of the Settlement so that it is/they are postmarked no later than Tuesday, January 10, 2017. See section 17 of the Long Form Notice (PDF: 1.1 MB).

  • Exclude yourself from the Class:

    Tuesday, January 10, 2017 You must mail your exclusion request so that it is postmarked no later than Tuesday, January 10, 2017. See section 14 of the Long Form Notice (PDF: 1.1 MB).
  • Deadline for Notice of Your Intention to Appear at the Final Approval Hearing:

    Tuesday, January 10, 2017 You must mail your notice of intent to appear at the Final Approval Hearing so that it is postmarked no later than Tuesday, January 10, 2017. See sections 17, 22 and 23 of the Long Form Notice (PDF: 1.1 MB).
  • Final Approval Hearing Date:

    Monday, February 27, 2017 The Final Approval Hearing occurred on Monday, February 27, 2017 and the Court granted final approval of the settlement. 

Important Documents

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