Cladding Ac­tion launches se­cond claim against James Hardie for Ti­tan­board own­ers

DEMM Engineering & Manufacturing - - NEWS -

Law firm Parker & As­so­ciates added a se­cond group of leaky prop­erty own­ers to the Cladding Ac­tion against James Hardie in late De­cem­ber with a group of 22 com­mer­cial units al­leg­ing neg­li­gence and breach of the Fair Trad­ing Act in re­la­tion to Ti­tan­board. Ti­tan­board is an­other James Hardie cladding prod­uct of­ten used in com­mer­cial build­ings from the mid-1990s. The Ti­tan­board claim is also be­ing brought as a class ac­tion on be­half of other sim­i­larly af­fected prop­erty own­ers that may con­sent to join.

Eighty own­ers of Hardi­tex or Ti­tan­board prop­er­ties have now joined the Cladding Ac­tion with an­other 80 to 100 ex­pected to join shortly. Most of th­ese claimants filed sep­a­rate state­ments of claim to pro­tect against a po­ten­tial lim­i­ta­tion dead­line on 31 De­cem­ber, af­ter which there is now a bar on claims based on acts or omis­sions that oc­curred more than 15 years ago. Many of the al­leged neg­li­gent acts in ques­tion and af­fected prop­er­ties date back to the 1990s.

In Au­gust, Parker & As­so­ciates filed the first claim against James Hardie in the Cladding Ac­tion, al­leg­ing neg­li­gence and breach of the Fair Trad­ing Act in re­la­tion to the Hardi­tex cladding prod­uct. Since then, the firm has reg­is­tered in­ter­est from over 550 prop­erty own­ers and fresh en­quiries are be­ing re­ceived each day.

“The Cladding Ac­tion is self-funded giv­ing claimants the full up­side of a suc­cess­ful out­come,” said Parker. “We are pleased with the num­ber of claimants con­firmed al­ready and ex­pect more will be join­ing.

“We have ap­plied to the court to pro­ceed as a class ac­tion and for the fi­nal date on which other po­ten­tial class mem­bers can opt in to join the Cladding Ac­tion. That ap­pli­ca­tion will be heard next year. Sep­a­rate claims have been filed for most plain­tiffs as a pre­cau­tion to avoid risk with a 31 De­cem­ber 2015 po­ten­tial lim­i­ta­tion dead­line,” said Parker.

“Any­one whose prop­erty was built af­ter 1987 us­ing Hardi­tex or Ti­tan­board cladding and who may have suf­fered dam­age as a re­sult of the al­leged sys­tem de­fects should con­tact us ur­gently to ex­plore el­i­gi­bil­ity and to ar­range test­ing.”

James Hardie has de­nied any fault or fail­ings with their prod­uct and will de­fend the case.

Parker & As­so­ciates has achieved re­cov­er­ies for hun­dreds of own­ers of res­i­den­tial houses, apart­ments and com­mer­cial build­ings, in­clud­ing claims against James Hardie, since 2001.

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