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Abstract
Late in 1988, NAHB began to receive reports of premature degradation in FRT plywood roof sheathing around the country. These reports indicated that in many cases, this product was deteriorating within a dramatically short period of time after installation. Over the next 2 years, NAHB convened a series of tesk forces designed to examine various aspects of the FRT plywood situation. This report seeks to highlight the legal aspects of the problem, and attention to provide guidance for builders and others who are affecte by it. The report examines the various legal theories that can be used in lawsuits by and against builders, manufacturers and suppliers for damage caused by the use of FRT plywood, as well as certain potential defenses to such actions. The report also offers some practical guidelines for builders who may be approached by homeowners of homeowner associations regarding FRT plywood, and a brielf survey of current lawsuits currently being pursued around the country. It should be stressed that this report focuses on product liability concepts which vary among states. This report should thus be used for general guidelines only, and should not be relied upon for formal legal advice. Builders & other affected parties should seek guidance from competent counsel in the state or states where they do business before making any legal or business decisions pertaining to FRT plywood.
Late in 1988, NAHB began to receive reports of premature degradation in FRT plywood roof sheathing around the country. These reports indicated that in many cases, this product was deteriorating within a dramatically short period of time after installation. Over the next 2 years, NAHB convened a series of tesk forces designed to examine various aspects of the FRT plywood situation. This report seeks to highlight the legal aspects of the problem, and attention to provide guidance for builders and others who are affecte by it. The report examines the various legal theories that can be used in lawsuits by and against builders, manufacturers and suppliers for damage caused by the use of FRT plywood, as well as certain potential defenses to such actions. The report also offers some practical guidelines for builders who may be approached by homeowners of homeowner associations regarding FRT plywood, and a brielf survey of current lawsuits currently being pursued around the country. It should be stressed that this report focuses on product liability concepts which vary among states. This report should thus be used for general guidelines only, and should not be relied upon for formal legal advice. Builders & other affected parties should seek guidance from competent counsel in the state or states where they do business before making any legal or business decisions pertaining to FRT plywood.
Date
11/1990
11/1990
Author(s)
FRT Task Force
FRT Task Force
Page(s)
19
19
Keyword(s)
legality; fire retardant treated; FRT; warranty; liability; fraud misrepresentation; compliance; statute of limitation;
legality; fire retardant treated; FRT; warranty; liability; fraud misrepresentation; compliance; statute of limitation;