Norfolk Circuit Court Judge Joseph A. Leafe has ruled that Dryvit’s Outsulation is defective and awarded Plaintiffs $2.5 Million in Board of Directors of the Bay Point Condominium Association Inc., et al v. RML Corp., et al At Law No. L99-475
He concludes:
” it is obvious to this Court that the pervasive water damage in residential structures clad with Outsulation is primarily due to the defective design of the Outsulation system and the lack of details. Dryvit failed to perform field trials, mock-up testing, or any hands on evaluation that tested the entire Outsulation system or Outsulations’ interaction with other materials required to form the complete residential housing envelope… Moreover, Dryvit Employee, I. J. Valainis’ testimony reveals that Dryvit never did any tests to evaluate Dryvit’s compatibility with other building components, like windows and doors. From the evidence presented, it is clear to this Court that Dryvit’s Outsulation EIFS system was defective when purchased by RML.
While the Court finds that the installation complied with the general standards in the trade, even if the Outsulation were perfectly applied according to Dryvit’s specifications, instructions, and details, the patented Outsulation “system” consisting of the method of application and the component parts, is intrinsically defective and thus, is not merchantable … The representations made by Defendants in relation to the Outsulation product cannot, under any circumstances, be fulfilled. Outsulation is far from maintenance-free and is not suitable for use on wood framed residential construction.”
The rest of the opinion is similarly scathing in its criticism of Dry-Vit’s barrier EIFS product. If you want more details, please contact us.