Deal proposed in Dryvit suit

I am frequently asked about synthetic stucco, that ubiquitous building material that's behind a lot of those blue tarps covering moisture-plagued, ailing buildings around here. Now there's a proposed settlement in a national class-action lawsuit against the manufacturer of one of the most popular brands.

The proposed agreement covers Dryvit brands, including Outsulation, Sprint, Fastrak, Dryvit I, II and 4000, installed since Jan. 1, 1989. Dryvit is one brand of synthetic stucco sold in our area, all collectively known as Exterior Insulation and Finish Systems (EIFS).

The settlement proposal, recently reached in Jefferson County, Tenn., affects all states except North Carolina. According to trade-news reports and the class-action lawsuit's Web site,

(www.stuccosettlement.com) another hearing is scheduled for Oct. 1 to finalize the agreement.

Since Dryvit enjoyed(s) a large, if not the largest, market share in our area, it's good news that any settlement is happening at all. But now for the bad news: Condos are specifically not part of the agreement!

This proposal, as it now stands, covers only residential structures with one or two units in which the product is glued over plywood, oriented strand board, exterior-grade gypsum, or other nonmasonry sheathing. Mechanically attached EIFS, and EIFS installed over a secondary weather barrier are also exempt — by default pretty much eliminating anything newer than 1998, due to code changes brought on by these very problems.

The settlement now does not cover non-EIFS products such as direct-applied systems that have become popular recently. (This means a product lacking insulation, or cases in which the latex finish is laid over a concrete base coat.) The proposal also eliminates any building where multiple manufacturers' products have been used.

Since Louisiana Pacific's large payouts years ago, siding settlements have been studied and lessons learned. Weyerhaeuser's more recent hardboard-siding settlement includes myriad exemptions.

Dryvit exemptions are arguably even more complex. An organization called "Stucco Warranty Corporation," a subsidiary of "Residential Warranty Corporation," was newly formed to administer a three-year warranty on homes with Dryvit installed.

Ironically, this is called a "MoistureFree warranty." To obtain a MoistureFree warranty, a court-appointed (free to homeowner) inspector must inspect the siding, verify it is indeed Dryvit and recommend repairs.

After repairs are completed, at homeowner expense, a second inspection is completed, again at no cost to the homeowner. If repair costs are less than $15,000 Dryvit will pay 40 to 50 percent of the cost of repairs, depending on how many total claims are made within the filing period — which ends Dec. 3, 2003.

If repair costs are greater than $15,000, Dryvit will write a check for no more than $7,500, and allow the homeowner "remedy outside the class" — in other words, he or she can bring a lawsuit. Dryvit will have no responsibility beyond the warranty period, according to the proposal.

How do you know if you have EIFS, and if so, how do you know it is Dryvit brand?

EIFS comes in many textures and colors, but generally does not have as many horizontal and vertical expansion joints as conventional stucco.

The latex top-coating is flexible; scrape it gently with a screwdriver and it will flex and be relatively quiet. Scrape conventional stucco with a screwdriver and it will feel and sound like concrete.

Determining the specific brand is difficult for even trained professionals. One tip: I have found Dryvit may have small rust speckles interspersed in the facing material that others do not. The sand used in the mix has tiny iron particles from the equipment used to process and haul it. (For that matter, surplus five-gallon buckets marked with the Dryvit logo may also have been left in the home.) Receipts, the installer or builder may also be of help.

To contact the settlement-claims administrator and file a claim, call 800-320-9415, see www.stuccosettlement.com or write to Stucco Settlement Claims Administrator, P.O. Box 1626, Faribault, MN 55021-1626.

Darrell Hay answers readers' questions. Call 206-464-8514 to record your question, or e-mail dhay@seattletimes.com. Sorry, no personal replies. More columns and a message board at www.seattletimes.com/columnists.