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 .

[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?