eifs litigation

The barrier Exterior Insulation and Finish System (synthetic stucco or "EIFS") was designed and marketed as a maintenance-free, waterproof exterior cladding system appropriate for use in virtually any climate. Unlike brick or other cavity cladding systems, barrier EIFS has no drainage mechanism. As a result, water that enters the EIFS exterior wall system at joints, doors, windows, cracks, termination points or architectural details becomes trapped in EIFS' sponge-like foam layer, structurally damaging the wooden substrate and creating a breeding ground for mold, bacteria, insects and termites. EIFS manufacturers are actively seeking to avoid or curtail their liability for property damage caused by barrier EIFS.

Individual property owners are typically unable or unwilling to absorb the substantial costs associated with suing an EIFS manufacturer on a stand-alone basis. Yet many such property owners are reluctant to release their property damage and personal injury claims in exchange for the small recoveries typically offered in the settlement of class action law suits. To address the needs of property owners looking for a cost-effective way to recover damages from EIFS manufacturers in a direct action, F&J and its alliance partner are pursuing an aggregative engagement on behalf of multiple clients to sue barrier EIFS manufacturers in one or more lawsuits.