Frequently Asked Questions
 

FIREFREE TILES

What are FireFree® Tiles?

FireFree Tiles or Quantum Panels (referred to collectively as FireFree) are cement and cellular fiber composite roofing tiles manufactured by Re-Con Building Products, Inc. between December, 1993 and November, 1997. Some installations may have occurred in 1998. These products were marketed in various colors under the names FireFree Slate and Shake, FireFree Rustic Shake, FireFree Quarry Slate, FireFree Colonial Shingle, Quantum Slate, and Quantum Panel Products.

FIREFREE PLUS PMFC TILES QUANTUM PLUS PMFC PANELS

The Settlement does not involve Re-Con products marketed as FireFree Plus PMFC Tiles or Quantum Plus PMFC Panels which were manufactured and sold beginning in December, 1997. Re-Con Building Products. For further product information for the new FIREFREE PLUS PMFC TILES and QUANTUM PLUS PMFCPANELS contact the Re-Con Building Products website at www.re-con.com

HOW TO IDENTIFY

How can I tell if I have FireFree roofing product?

To identify whether you have a FireFree roof, you may (a) ask the builder of your property or the roofer who installed your roof, or (b) remove one shingle to see whether the capital letters "FF" are embossed on the upper front portion of the shingle, or take a shingle to your local building supply store or roofer, and they may be able to assist you with its identification.

Re-Con's FireFree roofing products are a composite product made from Portland cement and cellulose fiber. They were manufactured as tiles and panels between December, 1993 andNovember, 1997. Some installations may have occurred in 1998.

Not included in this Settlement are FireFree Plus PMFC and Quantum Plus PMFC, which are embossed with the symbols "FF+," and are new and different products than the products involved in this class action. If you have internet access you may view photographs of FireFree Tiles on the litigation website at www.re-con.com

ELIGIBLE CLASS MEMBERS

Who is eligible to participate in the litigation?

All individuals and entities that previously owned, currently own, or acquire property on which FireFree Tiles or Quantum Panels are, or have been, installed in any of the following states: Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia and Wyoming. The above states are, to the best of the Parties' knowledge, those states in which FireFree Tiles or Quantum Panels were installed. If, during the period of claims processing, a claim is made with respect to property in any other state, the claimant will be entitled to participate in this Settlement as a member of the Class and obtain an award.

CANADIAN CLAIMANTS

May individuals who own property in Canada participate in the litigation?

Claimants who have FireFree Tiles or Quantum Panels installed on Canadian property may elect to participate by "opting in" to the Settlement. This election may be made up to 90 days prior to conclusion of the claims processing period. Filing of the litigation Registration Form will be deemed as "opting in" to the Class.

Canadian claimants will be paid on the same basis as other Class claimants making claims at the same time.

PRIOR RELEASE CLAIMANTS

I previously received compensation and signed a release for my FireFree Tiles. Can I file a claim in this lawsuit as well?

Any Class Member who has previously received a Settlement award is not entitled to recovery in this class action.

MULTIPLE CLAIMANTS

What will happen if more than one individual files a claim on the same property?

There will be only one Settlement award for each property. If there is more than one eligible claimant with respect to a property, claim compensation will be made by agreement of the eligible claimants or, if necessary, by a Special Master appointed by the Court. The Special Master's decision will be final, binding and not appealable.

EXCLUSION FROM SETTLEMENT CLASS
NON OPT OUT CLASS

May I exclude myself from the Settlement Class in order to pursue independent legal action?

The Court has approved this as a mandatory non opt-out Class. This means that all qualifying individuals are automatically members of the Settlement Class, are entitled to participate in the Settlement, and may not exclude themselves from the Class. As a member of the Class, regardless of whether you file a claim, you are bound by the Settlement Agreement, Claims Protocols and all related Court orders. You are also prohibited from pursuing independent litigation against the defendants.

What was the Court's reason for prohibiting independent action against Re-Con?

Re-Con Building Products has filed bankruptcy, and the amount of money in the Settlement Fund is limited. To ensure that all Class Members are treated equally and receive a portion of the Settlement Fund, the Court has prohibited individual lawsuits against Re-Con.

ELIGIBLE PROPERTIES QUALIFYING STRUCTURES

Which structures are covered under the Settlement?

The Settlement covers any structure including homes, townhouses, condominiums, apartments, commercial structures, homes within a homeowners association or other similar entities, other types of buildings (e.g., guest houses, gazebos, garages, workshops, sheds, hangers), or other structures of any kind on which FireFree Tiles or Quantum Panels are, or were, installed.

REGISTRATION

Do I need to complete the Registration even if I will be filing a claim?

Yes, we recommend that you register at this time. Doing so allows you to receive updates on the lawsuit, and ensures that your roofing squares will be included in calculating the amount of compensation due to eligible Class Members. If you delay registering, the amount of claim payment which you ultimately receive may be lower than for claimants who did so in a timely fashion.

Will my FireFree Tiles be inspected after I register?

No. Completing the Registration is not the same as filing a claim. To request an inspection of your property and be eligible for a Settlement award, you must submit a valid, timely Claim Form.

SETTLEMENT FUND AMOUNT

How much money is in the Settlement Fund?

There is a total of $18.6 million in the Settlement Fund, to be deposited in three payments: January 2001, June 2004 and June 2007.

INSURANCE FUNDS

The Settlement provides for the Class Representatives to pursue recovery of additional funds against Re-Con's Non-Settling Insurers. Class Members who file timely Claim Forms and establish qualifying damage will receive a portion of the Settlement Fund contingent upon the ultimate recovery against Re-Con and its insurers.

SETTLEMENT EXCLUSIONS

The Settlement Fund will not pay for the following:

• Reimbursement claims for personal property
• Reimbursement claims for repair costs related to the FireFree Tiles
• Claims relating to mold or fungus abatement
• Insurance subrogation claims

REPAIR OF ROOFING

It is the intention of the Settlement Fund to insure that each eligible claimant receives a reasonable period of cost-free useful life with the FireFree Tile product. Therefore, repair of the FireFree Tiles during the initial years of the term of the Settlement Fund is contemplated. The Settlement Fund will reattach and seal all broken FireFree Tiles until such time as, in the opinion of the Chief Roof Inspector and the Special Circumstances Committee, it is not feasible to repair. At that time the claimant will receive a Settlement award to assist in the replacement of the damaged roof tiles.

LITIGATION FAIRNESS HEARING

What is the current status of the lawsuit?

The Court granted final approval to the Settlement at a Fairness Hearing which was held on March 2, 2001 at 10 a.m. before the Honorable David B. Flinn, Superior Court Judge for the Superior Court, Contra Costa County Superior Court, Dept. 6, 725 Court Street, Martinez, California. The purpose of the Fairness Hearing was to determine whether the preliminary Settlement should be granted final approval as fair, reasonable and adequate, and (b) whether the application of counsel for attorneys' fees, costs and expenses should be approved.

CLASS Representatives

Who represents the Class Members in the lawsuit?

Court has appointed the following law firms as Lead Class Counsel for the Plaintiffs:

Birka-White Law Offices
David M. Birka-White
744 Montgomery Street, 4th Floor
San Francisco, CA 94111

Berding & Weil, LLP
Daniel L. Rottinghaus
3240 Stone Valley Road West
Alamo, California 94507

CLAIM FILING FILING DEADLINE

How long do I have to make a claim in the lawsuit?

The postmark deadline to submit a Claim Form is January 15, 2007.

ASSIGNMENT OF CLAIM

I am the previous owner of a property with FireFree Tiles. Am I entitled to make a claim in the lawsuit?

You may make a claim if authorized to do so by the current property owner. To do so, you must submit a completed Claim Form; documentation from the current owner showing his/her proof of property ownership; and a written, signed statement of claim assignment The Assignment Form included in the claim package may be used for this purpose if it is signed by all parties to the assignment, and all signatures are notarized. Alternatively, if you already have written documentation of the assignment, signed and notarized by all parties to the assignment, you may return that document with your completed Claim Form.

WHEN SHOULD FILE?

Should I file a claim at this time?

If you believe that your FireFree Tiles are damaged, we recommend filing a claim so that an inspection may be conducted and any necessary roofing repairs performed.

REIMBURSEMENT CLAIMS

I have previously replaced FireFree Tiles on my property Am I eligible to receive reimbursement for my expenses?

It is the intention of the Settlement Fund to reimburse Class Members who have previously incurred out-of-pocket expenses in the removal and replacement of their entire FireFree Tile roof. Prior expenses incurred in the repair of FireFree Tiles are not reimbursable building components and other property below the underlayment are excluded from recovery under the terms of the Settlement

To apply for reimbursement, you must complete and submit a valid Claim Form by January 15, 2007. If the Claims Administrator determines that you are eligible to be paid by the Settlement Fund, you will receive an amount equal to the Settlement Square Amount in effect at the time your claim is filed, times the total number of squares on the roof. The total number of roofing squares will be determined by the Court-appointed inspector.

INSPECTION PROCESS

CHIEF ROOFING INSPECTOR

Who will conduct the inspection of my FireFree roof?

Inspections and repair of qualifying FireFree Tiles will be managed by the Chief Roofing Inspector, an independent inspection firm approved by the Court to direct all roof inspections for Class Members.

HOW MANY INSPECTIONS?

How many free inspections may I receive during the course of the lawsuit?

If a Class Member has not yet experienced Qualifying Damage at the time of the first inspection, s/he may request additional inspections. These additional inspections may be set at such intervals as the Claims Administrator deems necessary. If, after the third inspection, there is still no Qualifying Damage, the cost of subsequent inspections will be deducted from the Class Member's Settlement amount.

QUALIFYING DAMAGE

What is Qualifying Damage?

Qualifying Damage is deemed to exist if, during an inspection of the FireFree Tiles by a Court-approved inspector, any of the following conditions is found to be present: the roof is leaking water beyond the felt underlayment as a result of the condition of the FireFree Tiles; or the roof contains one or more broken FireFree Tiles; or there is softness or sponginess of the FireFree tiles, surface erosion, extreme brittleness, capping, curling or lifting.

Qualifying Damage does not include: intentional or reckless physical damage to FireFree Tiles; or damage to FireFree Tiles from natural disaster, fire, hurricane, flood, earthquake or earth movement.

SCOPE OF INSPECTION

How will the inspection be conducted?

The Court-approved inspector will survey the condition of your roof; calculate the size of the roof and the number of squares of FireFree Tiles it contains; and determine whether the roof has experienced Qualifying Damage. If the inspector identifies Qualifying Damage, s/he will make the appropriate repair to the FireFree Tiles. Should the inspector determine that the roof cannot practically be repaired, s/he will submit a report to the Claims Administrator to determine a Settlement award. (Note: The inspector does not need to walk the roof to perform a valid inspection.)

SPECIAL CIRCUMSTANCE PANEL

At such time as the Chief Roofing Inspector's office concludes that it is no longer feasible to repair a claimant's roof, the claim will be directed to a Special Circumstances Panel. The Special Circumstances Panel is comprised of licensed roofers who are experts in the field of roof evaluation, and other qualified professionals appointed by Class Counsel and approved the Court who are experienced and knowledgeable about roofing systems. The Special Circumstances Panel is intended to provide the Settlement Fund with expert advice on the issue of whether a claimant's roof has sufficiently deteriorated to no longer justify repair efforts. The claimant will have no right to participate in the determination of the Panel, and its decision will be binding and final, with no right of appeal to any court.

EMERGENCY INSPECTION

My roofing is so damaged that water is leaking into my house.

If a Class Member is experiencing water leaking into a residence or building that constitutes a risk of causing substantial property damage, s/he may ask the Claims Administrator to provide an expedited inspection. If the emergency inspection reveals Qualifying Damage, the Claims Administrator will process the claim on an expedited basis. Class Members may request an emergency inspection whether or not their property has been previously inspected by the Settlement Fund, and without regard to when the prior inspection occurred. In determining whether to grant the request, the Claims Administrator will take into consideration whether the leak was caused by the FireFree Tiles, and whether it poses a risk of substantial damage. The Settlement Fund assumes no responsibility for any property damage that results from water leakage to a Class Member's home or building. It is the Class Member's sole responsibility to mitigate damages to his/her property, and to make any necessary emergency repairs to the roof.

I can't wait for the inspector to come; I've got to repair my roof now, before the leakage becomes worse.

If it is necessary to make emergency repairs prior to inspection please take photographs of the leakage and save five or six of the damaged FireFree Tiles for review by the inspector.

SETTLEMENT FUND

How much money is in the Settlement Fund?

The Settlement provides for the creation of an $18.6 million Settlement Fund. Cash payments will be deposited into the Fund in January 2001, June 2004 and June 2007. The current funding available may be subject to change if additional sums are received through settlement or judgment against Re-Con's non-settling insurers.

RELEASE

After determining that a Settlement award is due, the Claims Administrator will send to the claimant a Release which will be attached to the award check. The Release will be deemed signed upon the negotiation of the check.

REIMBURSEMENT CLAIMS

Class Members who file a valid and timely Reimbursement Claim will be paid an amount equal to the Settlement Square Amount in effect at the time the claim is filed, times the total number of squares on the roof. The total number of squares will be determined by the Court-approved inspector. This formula will also be applied in determining the amount of compensation paid to Class timely claims for current damage to their FireFree Tiles or Quantum Panels.

SETTLEMENT SQUARE AMOUNT

"Settlement Square Amount" means the amount that eligible claimants will be paid per square of FireFree Tiles or QuantumPanels after it has been determined by the Claims Administrator that no further repairs will be performed by the Settlement Fund on the claimant's property. If there is insufficient information regarding the number of squares on a given home, the property will be considered to contain 40 squares.

SQUARE

"Square" means 100 square feet of roof surface.

PAID FROM ANOTHER SOURCE

The Settlement Fund will not pay any portion of a claim for which a Class Member has been reimbursed or paid from another source, such as by an insurance carrier or through litigation.

SETTLEMENT CLASS-WIDE DISBURSEMENT

Funds remaining in the Settlement Fund after payment of Settlement awards, repair and inspection costs, and administrative costs of the litigation may be disbursed on a Settlement Class-wide basis to all eligible claimants. The disbursement will be calculated by dividing the total number of FireFree squares from all eligible claimants into the remaining Settlement Fund as of a date not less than 30 days before the date of disbursement. That number will then be multiplied by the total of squares on the property of each eligible claimant, and disbursed accordingly. Residual claimants who received a Settlement award prior to a class-wide disbursement may be eligible to receive additional funds in the event their Settlement award was less than the Settlement Square Amount paid to eligible claimants in the class-wide disbursement described above.

MISCELLANEOUS

WHO ARE YOU?

Who are you? Is your company associated with Re-Con?

We are an independent company appointed by the Court as the Claims Administrator for the lawsuit. We have no affiliation with Re-Con Building Products, Inc.

ASSIGNMENT FORM

Why would I need an Assignment Form?

The Assignment Form is used only if a claim is being filed by, or transferred to, someone other than the current owner of the property. If you are the current property owner, will be filing the claim, and intend to keep the claim in your name, the Assignment Form is not required.

FURTHER INFORMATION

How may I obtain further information regarding Re-Con products and/or the lawsuit?

If you have internet access, you may obtain new product information on the Re-Con Building Products website at www.re-con.com.

Information regarding the lawsuit may be obtained by visiting the litigation website at www.firefreeclaims.com or e-mail the Claims Administrator at FireFreeclaimsadministration@firefreeclaims.com

WARRANTY COVERAGE

Are my FireFree Tiles still under warranty?

There is no longer any warranty coverage for the FireFree Tiles which are the subject of this lawsuit.

NEW PRODUCT

What can you tell me about the new Re-Con roofing product? Is it better than what I have on my home?

We have no knowledge of the FireFree Plus PMFC Tiles or the Quantum Plus PMFC Panels. You may view photographs of them on the Re-Con Building Products website at www.re-con.com.