On Monday the Smith Law Firm filed a nationwide class action lawsuit against Michigan-based Biewer Lumber, LLC, and Green Tree Composites, L.L.C., in the United States District Court for the Eastern District of Missouri.
The complaint alleges that Green Tree and Biewer sold defective decking materials, known as Monarch Composite Decking, along with a 20-year written warranty. The warranty provides that Monarch Products will not “rot, split, splinter, check or suffer structural damage from termite or fungal decay” for the 20-year period. Despite this, many of the people who purchased the decking noticed that their decking did in fact rot, split, splinter, check, or suffer structural damage from fungal decay, during the 20-year period.
Rather than honor these warranties, the suit alleges that Biewer and Green Tree have advised customers that Green Tree is no longer in business and that Biewer is not responsible for any warranty coverage.
Copies of the complaint can be found here (in PDF format) and here (in HTML). It alleges violations of the Magnuson-Moss Warranty Act, breach of express warranty and violations of Article 2 of the Uniform Commercial Code, breach of the implied warranty of merchantability, and violation of the Missouri Merchandising Practices Act. The full citation of the case is Mark A. Stolzenburg v. Biewer Lumber, LLC, and Green Tree Composites, L.L.C., 4:14-cv-1533 (E.D. MO 2014).
For more information on this or any other consumer law case, please call our office at (314) 725-4400, text us at (314) 974-3266, or send us a direct message.