TAMKO Siding Warranty Claims
Consumers have begun to bring lawsuits against TAMKO, a roofing company that manufacturers and sells roofing tiles for houses and other residential buildings. Despite most of these tiles coming with a thirty to fifty-year warranty, many customers have found that tiles often begin to fail within ten years from the installation. Upon presentation of the claims to the manufacturer, they have generally been quickly denied. This has left some consumers to sue in court.
There are two related theories under which those with faulty roofing tiles might sue. Generally, plaintiffs might bring an action against a manufacturer of a product under the theory of breach of an express or implied warranty. The term warranty, as used in this sense, does not denote a system whereby a purchaser might send back their roofing tiles for a refund, although this is certainly a related principle. Used in a strictly legal sense, the word “warranty” refers essentially to a promise that was made by the seller that the products would be of a quality sufficient for the ordinary purpose for which the product is sold. In this example, therefore, roofing tiles would have to be fit to be used as roofing tiles.
Another warranty theory is called the warranty of fitness for a particular purpose. This is more specific than the warranty mentioned above. The warranty of fitness for a particular purpose is a promise made by the seller that a product is fit for a specific purpose or use. For this warranty to apply, the seller must have knowledge of the particular purpose for which the specific goods he or she sells will be used. It also requires that the purchaser rely on the seller to help pick the appropriate product for that purpose at the time of purchase. In a breach of warranty case, the default method of calculating damages is generally the difference between the value of the goods as delivered and the value they would have had if they had been as promised by the seller.*
If you or someone you know has purchased defective roofing tiles, contact Audet & Partners, LLP by calling us toll free at 800.965.1461. Alternatively, please complete and submit our confidential inquiry form on the right side of this page. Please act now, since the law may limit your right to recovery if you delay.
* UCC, Article 2, Section 2-714
