Return to FAQs
How do I Qualify to Participate in the Proposed Settlement?
The Long Form Notice summarizes key terms of the Proposed Settlement. You may download a complete copy of the Settlement Agreement using the Important Links download sidebar (to the right). Initially, all Class Members must meet eligibility criteria to participate in the Proposed Settlement:
1) Product Identification. You must demonstrate your Structure is/was clad with Dryvit EIFS by meeting the requirements set forth on the Claims Form. The Claims Form is available by calling 1-877-977-8397 toll free or downloading from the Important Links download sidebar (to the right).
2) Actual Damage. For each Structure that meets the initial product identification criteria, Dryvit will provide a qualified inspector to inspect the Structure. Dryvit’s inspector will probe through the Dryvit EIFS with a 2 pronged moisture meter pursuant to an inspection protocol that was agreed to by Class Counsel. To qualify for benefits, Dryvit‘s inspector must locate:
two (2) elevated moisture readings greater than twenty-two percent (22%) underneath the Dryvit EIFS at different locations on the Structure, or
one (1) area of damaged sheathing behind the EIFS of at least two square feet (2 ft.2) in size that has lost its structural integrity.
At anytime, a Class Member has the right to retain, at his or her own expense, an EIFS inspector to determine whether a Structure is clad with Dryvit EIFS and meets the Actual Damage criteria. If a Class Member wants to challenge any of Dryvit’s determination, a written challenge to Dryvit’s findings must be submitted within thirty (30) days of receipt of Dryvit’s inspection report.
Although there is no requirement that a Class Member retain a third-party inspector to participate in the Proposed Settlement, a third-party inspection is necessary to contest the validity of Dryvit’s inspection of a Structure. These disputes will be decided by a Special Master appointed by the Court. For more detailed information on the challenge process or inspections call 1.877.977.8397.
