12 tips for avoiding green-product litigation

ask tough questions ahead of time—so no lawyer asks them later.

3 MIN READ

8. Is there test data available? Through accelerated testing, the manufacturer should show evidence that the product will last for a designated time period. “Ask for third-party certification so that it’s not just the product manufacturer who says it is good,” he said, adding that TP, UL, and ANSI are reliable certifications.

9. Are there installation issues that need to be considered? “You need to know how difficult it is to install and if the performance of the product is tied to installation,” Perrone stated, pointing to lawsuits that mushroomed a number of years ago against builders who installed and manufacturers who produced exterior insulation and finishing systems.

10. Are there any maintenance requirements, and are they necessary to ensure long-term performance? Perrone said most homeowners just don’t follow the maintenance instructions, so shy away from a product that requires intensive upkeep.

11. How will the product perform if it gets wet? A number of products get rained on before installation, he explained, or they could get moist due to poor installation.

12. What is the product’s performance history? If it’s not new, Perrone said to ask how long the product has been in the field and if there are claims against it. He also said to ask manufacturers for names of pros who have installed the product.

If possible, Perrone said to test the product—for up to a year or two—before making a decision whether to install it. “You aren’t in a rush,” he said. “There are many good products out there. You don’t have to get points with a new product.”

Perrone concluded with a warning: A product defect “may be a manufacturing problem, but the homeowner is going to come after you first. If you don’t ask these questions, an attorney is going to ask them to you.”

Jean Dimeo is chief editor of EcoHomeMagazine.com.

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