Texas Supreme Court Says EIFS Siding a 'Product' Under State Law

AUSTIN, Texas - The Texas Supreme Court affirmed on Aug. 20 that faux stucco siding is a "product" covered by the state's Product Liability Act, and that siding installers are liable as "sellers" for defects. F_resh Coat Inc. v. K-2 Inc._, No. 08-0592 (Texas Sup. Ct.).

However, the high court reversed an intermediate court's holding that the manufacturer is not liable for a $1.2 million settlement between the installer and a home developer and reinstated that award by the trial court.

This case arose from allegations by homeowners that water penetration behind their "Exterior Insulation and Finish System," or EIFS …