Settlement update in ChoiceDek decking class action

In early July, we reported on a class-action claim targeting Advanced Environmental Recycling Technologies (AERT) and Weyerhaeuser, respectively the manufacturer and distributor of ChoiceDek, a composite decking and railing product sold at Lowe's.

At the time of our earlier post, the complaint had yet to be resolved, and its approval still faces a January 8, 2009, fairness hearing before final approval. The companies have recently agreed to a settlement, though they still deny that their product is susceptible to mold and mildew that resists easy cleanup.

As the owner of a ChoiceDek deck, you're part of the established class if you bought the material from January 1, 2004, through December 31, 2007, or later if the manufacture date stamped at the end of decking boards indicates the product was made between January 1, 2004, and October 1, 2006.

Under the terms of the settlement agreement, you must prove you qualify for membership in the class and that your decking has significant mold spotting. You'll need to supply details about the deck installation and cleaning history within six months of the final approval of the settlement. If you meet these conditions, AERT will clean your deck and apply a mold inhibitor to your deck, both at no cost to you.

If mold returns within six months of the cleaning and boards are gapping by at least 3/32 inch, you might be eligible to get back 100 percent of what you paid for the decking, replacement ChoiceDek decking, or three additional free deck cleanings. If the mold and the same gapping occur 12 to 18 months after the cleaning, you'll get a $250 Lowe's gift card or two coupons for discounted cleanings. Up to 18 months after an AERT cleaning you can get 100 percent reimbursement for the decking, replacement decking, or three free cleanings, but you must meet the conditions outlined in the agreement.

For more information on the settlement or to get a claim form, visit the settlement site or call 877-220-6624.—Ed Perratore

Essential information: Read about the best decking materials in our latest report. Also learn how to choose a deck, check out the different decking types, and keep your deck safe and in tiptop condition. And don't forget to use our new Home Improvement Guide interactive, which offers buying advice on appliances, tools, and building materials for every area of your home.

Comments

[michael tuohy]

Hi
i am a general contractor in the State of MA , and i recently heard about the problem with the mold .
I have a deck on my house that is 90% covered in black mold .
I did hear from one homeowner last year asking me about the black mold , i told him to power wash the deck .
However now that the mold problem is out , i would like to get in touch with the the person or agency that are going to resolve this problem .
I welcome all info related to this matter.
Sincerely.
Michael Tuohy,
Tuohy Contracting .

[Scott Simon]

I just found out about this problem. I installed 1,100 SF of this decking in July 2007 and until now haven't had any problems. I don't have the severity that others showed, but I believe mine might just be starting to show the beginning signs of mold growth. I am trying to contact several people to find out about the claim deadline and what happens if we do not qualify now for anything but my problem worsens. Anyone who can offer any advice I would appreciate it.

Scott Simon
Buffalo, NY

[jscott]

As a homeowner who installed Choicedek in July of 2005, this has been a constant problem. I powerwash the deck twice per year but in just a short time, black spots show up. I was thinking of painting the entire deck. Does anyone know if that would prevent the mold from coming back?

[Harry Cannon]

I would like to respond to the issue of mold and mildew growth on composite decks. This issue is not confined to one particular manufacturer or product, but is across the board. Fortunately, It can be dealt with.

The problem is that most composite deck customers think that simply cleaning the deck will solve the re-growth issue. Unfortunately, it will not. This is not the fault of the cleaners, as they are typically not formulated to provide residual prevention of spore re-growth.

The last, most important step in protecting your deck from return growth, is the use of an antimicrobial protective coating. Our company introduced the Anti-Growth mold preventative product in 2002. It became so pospular with Trex customers that Trex placed it into the Maintenance mold section of their website until the EPA changed the label to "professional use only" in 2006.

We subsequently introduced Protex 63, our next generation mold preventative coating. Unlike Anti-Growth concentrate, it is consumer friendly and comes ready to use. A recent test by one of the leading composite deck manufacturers rated Protex best at preventing return growth.

Whether you use our product, or a another product, my suggestion is don't give up on the deck without trying a simple mold preventative coating application. It could save you a lot of money, time and effort, not to mention frustration. A typical coating will provide 1 years worth of growth free performance, and will not change the appearance of the deck.

Harry Cannon
Managing Member
Camden Products

[glenn p fritsch]

What is the latest news on the lawsuit?