Tuesday, January 20, 2009

Trex Class Action Lawsuit 2009

Trex - Latest Class Action Lawsuit Jan 13-08
Trex Lawsuit info here
Trex Suit Information
Trex-Complaint-Filing-Jan 2009 

I have just scanned through 26 pages of very interesting information about the Trex Warranty and Marketing Materials. Really not much in it that we haven’t covered, but it is interesting that this group of lawyers doesn’t think their warranty is fair and equitable either. The suit intimates that they word their warranty in a way that people just won’t bother to fight or ask for what should be offered as remedy when your maintenance free decking falls apart or gets covered with black mold.

It basically tells the story of a home owner that bought a Trex Deck through a Contractor and when the decking fell apart and Trex tried to offer replacement Trex only, no disposal, no labor to replace… but instead demanded the home owner sign a release before getting anything from Trex.

They are looking for other people thus mistreated. Actually, Anyone that had issues with the Trex they purchased. Especially having to do with mold or anything else excluded from their warranty.

This includes anyone that had to replace his or her Trex deck if it was initially installed in 2004 or later.
(Earlier installations were covered by the previous law suit).

Now, this is early 2009, and I really want to keep this blog positive. It pains me to touch on a subject like this at the best of times, but in this case it is an ongoing wrong that just needs correcting. Trex should have corrected its issues and offering a real warranty long ago.

This Suit has not been Confirmed by a Judge yet, please get in touch with the law firm here for more information.
They discount the suit verbally.



Anonymous said...

Thanks for the information. We had a deck built with Trex in 2004 and is disintegrating at a rapid rate. Trex is trying to settle and will pay 100% for the material, but not the labor. I will contact the law firm. Thanks.

Unknown said...

I was chatting with an old buddy that installs lots of Trex. Apparently they pay him to do warranty replacements here in Ontario from time to time.

I guess this is a case of, "Trex will pay to have the material replaced for some people"... just not you.

You have to discover which button to press...

My gut instinct... post your name next time you post on a forum... print it out and send it to your rep. All of a sudden you may find yourself with a free contractor in your driveway.


Anonymous said...

Cindy and Dave Burlingame

We hired an attorney to file against Trex, after the material became moldy and defective within 6 months from installtion. They have offered material but no labor or hardware costs. So we will try to join the lawsuit. Feb, 2009

Patricia Dziuk said...

Trex has taken forever on responding to the homeowner regarding the replacement of a very large deck. When they finally did, the homeowner asks us to replace it for free (because we do get stuck in the 10 year warranty issue is California) ... even though the client specifically specifies Trex Brand and although he is not mean or difficult about it we feel kind of stuck. Then of course Trex is not only missing paying for labor of demo, replacement and trash removal but also not paying for screws! The screws strip out immediately when removing from treated doug fir structure under trex and the boards come off in sections of about 20", from screw to screw. Ridiculous. The labor to remove and replace is way more intensive than to install it in the first place. What kind of warranty is this??? Material does not even last a year before disintegrating under your feet?

Oh, and then they arbitrarily exclude replacement of certain sections of the deck that look fine. Like a little 3ft x 3ft landing. As if they know it won't go bad if it's all from the same lot.

Bad product. By the way, my client refused to sign the agreement that says he "cannot say bad things about Trex in future" if he agrees to the replacement boards for free. Trex let it go.

Dawn Michelle said...

Yes, I am in the same boat as all of you. We installed our deck 2 years ago OURSELVES! Man that was hard work. Within 6 months some of the boards started crumbling. Trex will replace the wood composite only, no labor, no screws or anything else, just that crappy wood. So for my husband and I to redo it will be 5 times more work to demolish the existing deck and put in a new one. And yes, they make you sign a form. My thought is, if they knew this batch from Nevada was bad, did they continue to distribute it? Did they recall it? Why did they replace it for some - including labor - and not for others? Can our distributor be sued if they knew this was bad before we bought it? I want a brand new deck and I don't want to have to lift a finger to get it! Anyone else wanna fight this contact me dlapolla@gmail.com

malcolm said...

We were part of the class action suit settled in '04. We filed the necessary claim forms and have never been able to get a response or any reply from Trex. The lawyer Marc B. Kramer is of no help and won't even take our calls regarding the matter. Trex has asked us to just file a regular warranty claim. Won't this negate our class action claim? We have degraded, swollen, crumbling decking with bits of plastic sticking out. Any advice? Thanks! glmalcolm@charter.net

Unknown said...

We have a Trex Deck that was installed just over two years ago. It started falling apart after the first year. We filed a claim and Trex said it was a faulty installation and only said they would replace 9 boards. They wanted us to sign a waiver and we wouldn't do it. It's been more than a year since then and more boards are failing. I also want to mention that Trex said it was a faulty installation, but wouldn't put it in writing so we couldn't go after the contractor. They are basically screwing everyone that purchased their product. Why should I pay for the labor and materials to replace this deck when it would not be necessary if their product didn't fall apart.

Dawn Michelle said...

I am in the same sinking boat as everyone else. Trex told us it was installed correctly and would replace the boards, however, I feel the same way that I shouldn't have to encure the costs or time and labor to first remove the damaged boards and replace with new. It is my understanding that the deck screws are not meant to come out so we are talking a major job to remove 500sf of decking. I guess I better get out the crowbar!!

Does anyone know if we take the replacement wood if we can still participate in the class action lawsuit? Maybe I'll try what Lawrence said and press further. Gotta make a deicison fast though as I expect Trex could be going out of business completely!!!

Dawn Michelle said...

I'm creating a Social Network for people to share stories, upload photos and discuss options about the Trex lawsuit and claims. I urge you to pass this along so we can have an open forum of everyone affected by this problem.


Unknown said...

If anyone has photos we can post those on the site or do follow up posts on the blog. This is an open forum and nothing is filtered unless it is obviously commercial advertising.

Starting a new site unfortunately is difficult to drive traffic to. We know all about helping the search engines find our content.

When you search for "Composite Decking" in google we come up #5 or 6 typically... along with all the composite companies for the article hosted on the main site.

So, if you have photos that you took personally send them along to plans@gardenstructure.com and we will compose a new article featuring them. BTW, the article on our main site gets 25000 page views a month... If they are not paying attention their heads are in the sand.


wmjchastain said...

I have a trex deck that is splitting @ the ends of each board . I called trex to file a claim & they told me that I was not warrantied because the contractor should have inserted the screws no closer than 1" from the end of the board. They also refused to come to my home & examine the defect. Has anyone elso encountered this??? I am so mad @ Trex that I am pondering legal action.
Has anyone else been thru this??
Bill Chastain

Anonymous said...

I've read a number of these posts and i have the same exact experience with this expensive over-priced spot riden deck surface. I build my deck in 2005 and started noticing what looked like oil-spots, about the size of nickels, in many places. I called and was told to clean following their instructions, the stains did not go away and continued to get worse. The technical support folks at Trex continue to tell me the same thing every time i call, which is usually early summer as this is a summer house. I purchased all but one 20' length at the same time and the entire batch has the issue. The one board i purchased seperately from a different supplier has had no issues and is laying side-by-side with the rest of the deck. I've called each year and asked Trex to replace the material and i would supply the labor, but i am told only that it does not void their warranty. "It's a nuisance not a problem!"; what's what they tell me. If anyone is interested in getting together for a class-action law suit, i'm interested.

pattygirl said...

I really appreciate all of the information. I always heard that Trek was the best product for a deck. We are in Southern California and are planning on having a deck built soon. Wow, I am so glad you all have posted your experience with Trek and the class-action lawsuit. I really wanted Trek; now, I am really afraid of it. Thanks to everyone and good luck with your lawsuit.

Anonymous said...

I am a deck contractor, you all need to understand many things. Things are very easy to be misunderstood and I believe most of the problems with composite can be linked back to the contractor and lack of information. Alot of deck contractors just say composite is the greatest thing and neglect to hit the crucial points like: Composite is LOW maintenance not NO maintenance, composite has close to 50% wood so yes it can have mold issues, clean you deck regularly like your car, and you wouldnt have problems. ANYTHING outside can mold, people are just mad because they were not informed and blame the manufacturer. Why should a manufacturing company warranty some ones work, they warranty their product, not some one else. If you are hiring a builder make sure he is a Trex pro, Pro Gold, or Pro Elite, that way you know it is installed correctly, if it is not, your warranty is VOID. Those of you on here who built your own deck, did you follow the instructions? Are your boards spaced correctly to allow for drainage? Did you wash your deck off every once and a while. I think alot of you were misinformed and expect Trex to make up for your lack of study. There are over 80 composites in the US, the reason Trex gets a bad wrap for everything is because they were the FIRST. No composite company should have to pay labor, especially those of you who are do-it-yourselfers, your labor was free. I guess next time study better and look at other brands, there are lawsuits for most of them. But blame Trex if you want, your not going to get anything out side of their warranty.

Unknown said...

Dear Anonymous Deck Contractor;

If you take a glance up the list, real people that are not hiding something sign their names to their posts. If you want to be taken seriously, I'd reccomend it.

Now, lets delve into some common sense please.

You build a deck.

Deck fails because the product grows mold from within or falls apart (both troubles have been well documented in trex warranty issues since it's inception).

What is the cost to make that product failure right?

Removal and Disposal.

Supplying and RE-INSTALLING.

They just want to supply the material and have them sign a confidentiality with a waiver that they won't hold Trex responsible for any damages in the future.

Sounds reputable to me.

It is a sad joke... It puts you as a Trex installation contractor at odds with the customer.

All our people have a waiver signed that lets people know what they are getting into if they want us to build a composite deck for them. We tell them about the warranty exclusions and all the present law suits.


Tony Bizzieri said...

Unfortunately, I am having the same issues (mainly mold) mentioned above.

I installed a three-tier 1400+ square foot deck two years ago using hidden fasteners - and by the next summer (deck was installed at the end of the summer of 07) - I started seeing dark circles covering my entire deck (some spots are much worse than others).

I called Trex twice complaining of the issue and they recommended that I clean the deck with Corte Clean (eco-friendly) - which I have done now about 6 times - however after about three weeks - the spots came back.

Since it is winter time here is Chicago - I will be pressing Trex again next Spring to do something about this - so I am hoping that someone on this forum can offer advice and what I should do to press Trex to replace.

I am more than happy to send pictures so that everyone can see - however it will have to wait until the snow clears.


Shirley Baldwin said...

After 2 faulty decks and 4 faulty
deliveries I will never put down
a TREX deck again. They are cheaters, liars and totally unfair
in their treatment of the public
and their customers.Time for the
lawyers. Shirley Baldwin

bill deimling said...

i had installed a 1,600 s.f. deck and gazebo floor in 2002. it is moldy and all of the color has faded. it looks awful. where do i get on the bandwagon to sue these people. this deck cost me $50,000 to install.

Bill Deimling

C Catalano said...

Does anyone else have a Madiera color deck? Not only Have I had mold from year 1 (they sent me a carton of cleaner), but it gets so hot my grandkids can't even sit on it to play a game, or walk on it barefoot. TREX comment to me was "studies show it gets no hotter then pressure treated wood". Which is a bunch of crap because the dark color absorbs the heat like a blacktop driveway. I would appreciate any comment on this if anyone has a suggestion.
Thank you
C Catalano

Unknown said...

The incredible part is that the intense heat didn't kill the mold!!!
Sorry for the misfortune--It is a shame people don't do searches on Trex Reviews before they purchase!


staceyb said...

I had a house built and a trex deck was added to the front. Within months it was molding and looking stained. I contacted Trex and was told to bleach it and powerwash it. The spots came back within weeks. The deck looks awful. Wood or what, I have never had deck issues like this before with real wood.

Anonymous said...

It sounds as if I'm in the same situation as many of you. I just submitted my claim forms, photos and all the documentation that Trex required in their 14 pages of claim forms. I'm awaiting some sort of communication from Trex. I installed a 10 x 2o Trex deck just a little over 4 years ago and it is completely deteriorating. It is turning to sawdust! There is absolutely no wood grain finish left at all and you can remove clumps at a time with a slight touch of your finger nail. I have been told on the phone from a Trex representative that Nevada is a cash reimbursement state, and the product would not be replaced. I was told that the warranty does not cover labor but they will generously give me .18 cents a linear foot for labor. Are you f'in kidding me? This doesn't even cover the cost of new decking screws! .18 cents a linear foot would be around $100 and it cost over $2,500 to have it built. Now I have to pay someone to remove it. Then haul it away and the dump fees. Then have a replacement deck built. This is so unfair! I purchased my decking from Home Depot...you would think they would at least know what's going on! When I brought my paperwork and pictures to Home Depot and management acting completely unaware of any Trek lawsuits or problems associated with Trex. Mind you I live in Nevada where the defective material was manufactured and every Home Depot carries. Hmmm... unaware?
Not sure what to do now other than sit tight and wait to see if I receive a settlement check? (I plan to stick to Redwood this time.)

Frustrated in Sparks, Nevada

Unknown said...

Hi Folks-- just a reminder that if you use your actual name and location your comments will be taken seriously. By signing anonymous they are obviously discounted as someone with an axe to grind or a competitor aiming to do damage to do damage to the competition.


Jaen Martens said...

Has anyone noticed that Trex smells like vinyl on a sunny day?Seems like a convenient dumping ground for otherwise unwanted plastic! I inherited a huge 2005 deck when I bought this house--now a "plus" is a serious detriment:^( Would love to join a current class action(and locate some recycled redwood). Thanks. Jaen Martens Sonoma County California

S. Kurncz said...

Well, I appear to be in the same boat as everyone posting here. In the Fall of 2007 I installed a 20' x 20' Trex Accents (Saddle Color) deck. This summer it is being attacked by black spots. I have not filed a warranty claim yet but plan to go through the process. From what I am reading in this blog and others is that Trex is not standing behind their warranty and this product. Are people really just accepting these black spots and scrubbing their "maintenance free" decks every three weeks. Does anyone have information on any class action suits for this particular problem? (black mold spots) I really wish I would of researched better before purchasing Trex.


Unknown said...

We all need to train ourselves to search for issues before we buy-- Google " Whirlpool Duet Complaints ", or "Trex Decking Complaints" or Law Suits...

Unfortunately it is a steep climb to prove in court that mold growing from within composite decking is not an environmental issue.

IMHO a quick look at the list of ingredients and the recipe for mold growth and it is a no brainer for even the average schmuck.

j yowpa said...

I am in the same boat as everyone else,installed a 10X20 deck in early 2008-saw the spots the next year-joined the classs action ,submitted the proof,called the suit people last year and early this year and was told"we have reached our allotment for repairs this year'sounds like a curious avoidment-NOW WHAT-at a loss in NY

Unknown said...

@J, Sorry to hear of your troubles. "Reached our allotment for repairs this year"- Roughly translates to We'd rather supply 20,000 square feet of product to a new "Decked Out" show than give the material to you. I wrote to the folks running the suit as well and haven't received anything back. If they are parking their warranty service for the year what does that mean? Might mean that too many people are complaining... so they just won't replace any more product. Shouldn't that mean a restructuring or bankruptcy for Trex Corporation?

IndyGrabowski said...

Tom Eckrich, Indianapolis

We installed a Trex deck in 2007. We noticed the black spots two years later. They aren't like mold as they come up too easily with deck cleaner. They are similar to what we saw with pressure treated lumber, just very symmetrical. As it appears only on that part of the deck getting rain, and not really on the vertical surfaces, it is more likely residue from rain evaporation. That would form such a spot.

We followed the advice on the Trex site exactly and cleaned a large deck in about 2 hours. It was actually easier than using a pressure washer as I could cover a large space quickly. The cost was $45. We do it once a year. Deck looks beautiful. Verbatim from their site (and known before purchase):

"Semi-annual (spring and fall) cleaning of your deck is important to prevent the buildup of
pollen and other debris that can support the growth of mold.
Use conventional deck washes or cleaners that contain sodium hypochlorite (bleach)
and detergent (refer to Mold Technical Bulletin on www.trex.com for specific recommendations)."

elowtrip said...

June 5, 2011

We have just started the process to get Trex to replace our deck. It has all of the aforementioned problems. We had it professionally installed and it was beautiful for about a year or two then.....

So, is this blog still active and is there anything new with all of the legal actions and lawsuits?

Thanks to all of the people who have related their problems and thanks to you Lawrence for this blog.

Ed Lowtrip

nichardin said...

I put my deck in August of 2010 and have the mold spots already. I am going to attempt the cleaning solution. Does anyone know if putting a stain down or a sealant will help with these issues?

Nicole Hardin, Fairfax County Virginia.

robert fiske said...

Wow, after reading all these posts it makes me want to cry. We had our Trex deck installed in 2010. Sure wish I had done the research before I bought Trex. It would have changed my purchase decision. We bought our material from Lowes, and after doing all of this research we wonder why Lowes is still selling a defective product. We are experiencing the same problems as everyone else with the decking, the rail and baluster system growing mold. We have had to clean it 4 times this summer. We bought the composite deck because I am handicapped and unable to do the maintenance that will need to be completed several times during the summer. Plus as I understand it the cleaning solutions will decrease the substructures life span. Our beautiful outdoor space has turned into a nightmare.

Alex & Colleen Algayer said...

We live in NJ and personall installed a Trex deck in July 2010after hearing so many great things about it. After reading this blog, all i can say is "Ditto" to many of your comments. We have mold spots everywhere, we've scrubbed w/"warm water and a mild detergent" as recommended, and the mold doesn't even go away 100%, and seems to come back with avengance! This product is very disappointing and we are going to attack he Warranty info, too. Good luck to everyone!

Wally Drangmeister said...

Ditto except I don't have mold. My deck is completely deteriorated. I'm holding my Trex claim in my hand.
This may cover the material but the removal, disposal and reinstallation is the big cost. Should I sign or hold out?
Carol in New Mexico

Unknown said...

Wally.. squeaky wheel. They give a low offer initially because most people say..." Ohh, that's all your giving me?", then they sign. Say No..Tell them you are lawyering up and will begin a vicious ANTI TREX campaign on line... you may find a better offer come to your attention.

Good luck with it!

Unknown said...

Greetings! It is March 12, 2013 and I am just now investigating why my 2000 square feet of Trex decking installed in 2006 has disintegrated and noticed this blog. I have started a cause on Facebook called "Families Against Trex Decking" if anyone would like to join the online community to share their personal stories of what they have gone through with Trex. The hope is to save other families from going through the same thing and wasting a lot of money on this composite decking material. Thanks!