Answers to Common Questions

Below you will find answers to common questions about the Settlement. These answers provide a general reference only. Please refer to the long-form Notice of Proposed Class Action Settlement for more detailed information. If after reading this you still have questions, you may click here to send a question to Class Counsel.

Am I a Class Member?

The Class is defined as follows: all Persons who own or owned structures in the United States on which JHBP Roof Shakes have been installed prior to the date of final approval of the Settlement by the Court. Excluded from the Class are:

• JHBP, any entity in which JHBP has a controlling interest, and its legal representatives, officers, directors, assigns and successors;
• the judge to whom this case is assigned and any member of the judge's immediate family;
• any Person who owns or owned any structure that was the subject of a lawsuit relating to JHBP Roof Shakes in which JHBP was a party to the extent the claims against JHBP were resolved by payment, release or adjudication;
• any Person who while represented by counsel resolved a claim relating to JHBP Roof Shakes with a full release covering the entire roof;
• any Person who properly executes and files a timely request for exclusion from the Class;
• the individual claims of any Person, other than any of Plaintiffs, who would otherwise fall within the class definition but who had pending litigation where a claim has been made against JHBP relating to JHBP Roof Shakes as of October 4, 2001. Such persons may opt-in to and participate in the Settlement, subject to JHBP agreement. For more information on how to opt-in contact 1-888-780-8579; and
• professional builders, developers or realtors who previously owned property in the normal course of the construction and development of real estate.

For more information on whether you are a Class Member, please refer to the long-form Notice of Proposed Class Action Settlement.

What are JHBP Roof Shakes?

JHBP Roof Shakes are roof shakes manufactured or distributed by James Hardie Building Products, Inc. ("JHBP") under brand names such as "HardiShake" and "HardiSlate." For more information on identifying the Roof Shakes, please review the product information available on this website.

How do I Know if I Have JHBP Roof Shakes?

Sources to pursue information on whether you have JHBP Roof Shakes include:

• The product identification information available on this website.
• The builder of your property or the roofer who installed the roof.
• A Local building or roofing supply store.
• Your receipts from the purchase of the roofing material.

The claims process requires verification that you have JHBP Roof Shakes. It provides that you may submit a shake sample (of sufficient size and good condition to allow identification of the sample as a JHBP Roof Shake); a prior communication from JHBP which confirms that the shakes on the Structure are JHBP Roof Shakes; OR a check or money order in an amount to be established equal to the cost of a roofing product identification inspection for each Structure on the Property, payable to the Claims Administrator. If your roof shakes are determined to be JHBP Roof Shakes, the fee will be refunded to you. For more information, please refer to the long-form Notice of Proposed Class Action Settlement.

What is the Status of the Settlement?

On October 4, 2001, the parties entered into a nationwide class action Settlement, notice was disseminated, a hearing was held and the Court granted final approval of the Settlement on February 14, 2002. For more information, please refer to the long-form Notice of Proposed Class Action Settlement.

Am I Eligible to Make a Claim?

Eligible Claimants are Class Members who:

1. Own property on which JHBP Roof Shakes have been installed prior to the date of final approval of the Settlement; or
2. Purchase such property during the Term of the Settlement Agreement without executing a valid assignment in favor of a prior owner; or
3. Have previously owned such property and have a valid assignment of any claim against JHBP; or
4. Own or have previously owned such property and have paid to replace damaged JHBP Roof Shakes.

For more information on whether you are eligible to make a claim, please refer to the long-form Notice of Proposed Class Action Settlement.

I Sold a House With JHBP Roof Shakes. Can I file a Claim?

Unless you are filing a claim for unreimbursed replacement, or unless the current homeowner has assigned the claim to you, you are not eligible to file a claim.

I Recently Paid to Have the JHBP Roof Shakes on my Property Replaced. Am I Still Eligible?

Possibly. You may be eligible to make a claim for Unreimbursed Replacement (described below) if:

• the replaced roof shakes were JHBP Roof Shakes;
• the Claimant personally owns or owned the property on which the JHBP Roof Shakes were installed;
• the JHBP Roof Shakes were damaged such that they required replacement; and
• the JHBP Roof Shakes were replaced on the entire roof before the Final Approval date, where the condition of the roof and the replacement are documented by bills, contracts, photographs or other reliable evidence.

Additionally, you must have made the replacement without knowledge of the Settlement.

You must complete and submit a Claim for Unreimbursed Replacement no later than May 5, 2003 . You will be entitled to the lesser of the amount of (1) the cost of the unreimbursed replacement or (2) the amount to which you would have been entitled under the Settlement's Compensation Formula. If you are a current owner you may be able to submit a claim for unreimbursed repair of JHBP Shakes. For more information and a more detailed description of this process, please review the long-form Notice of Proposed Class Action Settlement.

How is Damage Defined Under the Settlement?

The definition of Damage is specified in the Settlement Agreement. To be entitled to payment under the Settlement, the roof must be Damaged, meaning it meets at least one of the following requirements:

1. In the case of a Structure where there is visible interior leaking in the general area of Damage, 10% or more of the Shakes on the roof (counting each Shake only once) are damaged. An individual Shake is damaged if it is delaminating (separating into layers) or deconsolidating (crumbling or disintegrating) (a) along with visible cracking through the Shake, where the crack has a length of 25% or more of the exposed vertical length of the Shake, and the beginning point for measuring the crack starts at 1" away from a corner of the drip edge of the Shake; or (b) on the drip edge over 2" or more of the width of the Shake and where a feeler gauge can be inserted 2" into the piece; or (c) on 25% or more of the surface of the exposed area of the Shake; or (d) so as to expose fasteners as a result of crumbling or separating into layers and cracking and breaking.



2. The roof is not walkable. In the case of a Structure where there is visible interior leaking in the general area of Damage, the roof is not walkable if a trained Independent Inspector using reasonable care cannot walk on 10% or more of the roof without causing visible cracking or breaking.



3. Where there is not visible interior leaking in the general area of Damage, the percentage of Damage under conditions (1) and (2) are 25% or more of the JHBP Roof Shakes on the roof.

Satisfaction of any one of these criteria qualifies your entire roof for compensation subject to the terms of the Settlement. However, Damage does not include: (a) damage resulting from a roof pitch less than 4/12 unless it can be established that an appropriate approved waterproof system has been applied in accordance with the product installation instructions; (b) intentional, reckless or negligent physical damage (not including failure to maintain the roof) to any Shake by a person other than JHBP after installation; (c) damage to any Shake by fire or natural disaster including, but not limited to, hurricane, flood, tornado, earthquake, earth movement, severe hail, or similar force majeure causes.

For more information about what type of Damage is included under the Settlement and about the claim process, please review the long-form Notice of Proposed Class Action Settlement.

How Do I File a Claim?

You can register to receive a Claim Form by phone at 1-888-780-8579 OR you may register on this website. You do not need to register more than once. A Claim Form will be sent to you if you have registered to receive one.

1. Claims Procedures for JHBP Roof Shakes with Current Damage.

   To make a claim for Damage that has not been repaired, you must be a Claimant as defined above, and must submit a properly completed Claim Form to the Independent Claims Administrator, along with proof as defined above that the roof shakes are JHBP Roof Shakes.

   Class Members may make a claim once every two years; however a Class Member whose roof was installed prior to December 31, 1992 may submit only one claim. A Class Member who submits more than two claims must pay a fee for any subsequent inspections in advance.

2. Claim for Unreimbursed Replacement.

   If you paid to replace damaged JHBP Roof Shakes prior to the Final Approval date (February 14, 2002) without knowledge of the Settlement, you may be entitled to make a claim for Unreimbursed Replacement if: (1) the replaced roof shakes were JHBP Roof Shakes; (2) you personally own or owned the property on which the JHBP Roof Shakes were installed; (3) the JHBP Roof Shakes were damaged such that they required replacement; and (4) the JHBP Roof Shakes were replaced on the entire roof, where the condition of the roof and the replacement are documented by bills, contracts, photographs or other reliable evidence. You must complete and submit a Claim for Unreimbursed Replacement no later than May 5, 2003. You will be entitled to the lesser of the amount of (1) the cost of the unreimbursed replacement or (2) the amount to which the Claimant would have been entitled under the Settlement's Compensation Formula.

For a more detailed description of this process, please review the long-form Notice of Proposed Class Action Settlement.

Can I Repair or Replace my Roof Shakes Now and Still Participate in the Settlement?

No. Class Members who are aware of the Settlement and who repair or replace their Roof Shakes independent of the claims process in the Settlement are not eligible to file a claim under the Settlement, so please read the long-form Notice of Proposed Class Action Settlement carefully before you do anything to your roof that jeopardizes your rights under the Settlement. Class Counsel strongly urges you not to make any repairs or replacements to your Roof Shakes at this time. However, you may perform routine maintenance. . For a more detailed description of this process, please review the long-form Notice of Proposed Class Action Settlement.

Is There An Emergency Claim Process?

If you have an urgent problem with your roof (such as leaking or have listed your house for sale), please contact 1-888-780-8579.

I Already Filed a Warranty Claim for Damaged Roof Shakes, Can I Still Participate in This Settlement?

Possibly. Generally speaking, Class Members who own single-family homes and who have filed and resolved a claim through the warranty process may submit a claim as described in the long-form Notice of Proposed Class Action Settlement. However, if you were represented by a lawyer and resolved a warranty claim with a full release covering the entire roof, you are not a Class Member.

Any amount paid (or the equivalent retail value of materials or labor provided) by JHBP through its warranty claim process or as a result of any other claim, lawsuit or dispute, including claims to insurers (except with respect to a subrogee protected against a waiver of subrogation) or builders solely for Damage to Roof Shakes shall be deducted from any payment made to Class Members, unless it can be established that such amounts were used to replace original JHBP Roof Shakes with new JHBP Roof Shakes that are the subject of the Class Member's Claim.

For more information about how prior warranty claims would be handled under the approved Settlement, please review the long-form Notice of Proposed Class Action Settlement.

How is the Compensation Determined?

The Settlement contains a Compensation Formula, which will be used to determine how much, if any, money you are entitled to receive for Damaged JHBP Roof Shakes. The Compensation Formula will be based on an agreed national average for roof replacement ($310 per square), adjusted geographically to take into account differences in local construction costs using data from National Construction Estimator, and adjusted annually to reflect changes in the construction materials component of the Producer Price Index.

Any amount paid (or the equivalent retail value of materials or labor provided) by JHBP through its warranty claim process or as a result of any other claim, lawsuit or dispute, including claims to insurers (except with respect to a subrogee protected against a waiver of subrogation) or builders solely for Damage to Roof Shakes shall be deducted from any payment made to Class Members, unless it can be established that such amounts were used to replace original JHBP Roof Shakes with new JHBP Roof Shakes that are the subject of the Class Member's Claim.

The Settlement provides for a use deduction based on the number of years the JHBP Roof Shakes have been installed on the Structure. For the first two years following the date of installation, there is no deduction. For each year thereafter, there will be a deduction of three percent (3%) per year, up to a maximum total deduction of thirty-three percent (33%).

For more information about how compensation is determined, please review the long-form Notice of Proposed Class Action Settlement.

Is There a Limit on the Settlement Fund or Restrictions on Funding Over Time?

No. The Settlement is structured as a "claims-made" settlement, which simply means that there is no specified amount to be paid by JHBP to Class Members in the settlement of claims. Instead, under the Settlement, JHBP will pay all timely claims that qualify for compensation under the Settlement.

What Happens After I Submit my Claim Form?

After receipt of a properly completed Claim Form for current damage, JHBP may authorize the Claims Administrator to forward an offer of payment without inspection. If you do not receive or accept such an offer, a Court-appointed Independent Inspector who is trained and supervised jointly by the parties will inspect your property to verify whether the JHBP Roof Shakes have Compensable Damage. After completion of the inspection, the Independent Inspector will forward his/her report to the Independent Claims Administrator, who will determine the amount of payment based on the information contained in the report of the Independent Inspector, by multiplying the Compensation Formula as defined above by the square footage of JHBP Roof Shakes on the roof. This amount will be adjusted by the Use Deduction and any prior payments, and you will then receive a check for the approved adjusted amount. You may request a reinspection by returning the check to the Claims Administrator along with payment equal to the cost of a new inspection. If the Claims Administrator determines that a material error occurred in the first inspection, you will receive a refund of the inspection fee plus the revised amount due under the Settlement. The results of the reinspection will be binding.

When Must Claims Be Filed?

You may register to receive a Claim Form as specified above. The length of time you have to file a claim depends on when your Roof Shakes were installed. Claimants are required to file a claim within the following time limits:

1. For Roof Shakes installed prior to December 31, 1992, no later than February 14, 2005.
2. For Roof Shakes installed between January 1, 1993, and December 31, 1995, no later than February 14, 2006.
3. For Roof Shakes installed between January 1, 1996, and December 31, 1999, no later than February 14, 2010.
4. For Roof Shakes installed between January 1, 2000 and the date of Final Approval, no later than February 14, 2012.

Also, after completion of the Claims Program, for a period of ten years thereafter, you will have the benefit of any remaining applicable JHBP Roof Shakes warranty period within which to file a warranty claim for Shakes not previously compensated as described in the Settlement Agreement.

What Does the Settlement Release?

Under the Settlement, each Class Member who has not timely opted out of the Class shall be deemed to have released and discharged fully, finally, and forever JHBP and other related entities with regard to any claims regarding JHBP Roof Shakes, as set forth in detail in the Settlement Agreement. Class Members also release non-parties for claims relating to JHBP Roof Shakes and/or any alleged defects in JHBP Roof Shakes. JHBP also releases the Class Members from all claims relating to JHBP Roof Shakes.

For more information, please review the long-form Notice of Proposed Class Action Settlement.

What Are the Requirements to Opt Out?

If you simply do not want to make a claim, you do not need to do anything. However, you may no longer exclude yourself from the Settlement if you did not do so by January 22, 2002. If you did not exclude yourself you are bound by the terms of the Settlement and the Court orders.

If I Opt Out Can I File a Claim or Get Compensation Under the Settlement?

If you validly requested exclusion from the Class: (a) you are excluded from the Class; (b) you are not able to receive any compensation under the Settlement; (c) you may, by reason of your decision to request exclusion, prosecute an individual claim, if timely, against JHBP based on the matter complained of in the litigation.

Who Are Class Counsel?

The Court has appointed the following attorneys to serve as Class Counsel:

Bennet A. McConaughy
Paul L. Ahern, Jr.
SANDLER AHERN & McCONAUGHY PLLC
1200 Fifth Avenue, Suite 1900
Seattle, WA 98101

Michael F. Ram
LEVY, RAM, OLSON & ROSSI
639 Front Street, 4th Floor
San Francisco, CA 94111

William M. Audet
ALEXANDER, HAWES & AUDET, LLP
152 North Third Street, Suite 600
San Jose, CA 95112

Will I Have to Pay Attorneys' Fees and Expenses?

No. JHBP will pay the fees and expenses of Class Counsel, subject to Court approval.

I Have Reviewed the long-form Notice of Proposed Class Action Settlement and Called the Independent Claims Administrator at the Toll Free Number (1-888-780-8579), and Reviewed Other Information Available at This Website, but I Have Additional Questions Unique to my Situation or do Not Understand the Process. Who can Explain the Settlement to me in More Detail or Answer my Specific Questions?

You may click here to send a question by email to Class Counsel. Please do not call or write to the Court or the Clerk of the Court as neither can answer any questions or provide legal advice regarding the Settlement or your rights thereunder.