Virginia Judge Rules EIFS Product Not Merchantable, Awards Damages to Condo Association

NORFOLK, Va. - A Virginia Circuit Court judge ruled Jan. 28 that Dryvit Systems, Inc.'s EIFS product, Outsulation, was neither maintenance free nor merchantable. As a result, the judge awarded direct damages to builder RML Corporation, which assigned those damages to the condominium association that filed the original suit. Board of Directors of the Bay Point Condominium Association, Inc., et al. v. RML Corporation, et al., No. L99-475 (Va. Cir. Ct., 4th Jud. Cir.).

Only damages directly caused by the EIFS product were awarded through what plaintiffs' attorney Joel R. Rhine of Lea, Clyburn & Rhine in Wilmington, N.C. referred …