Settlement Benefits
You will only be eligible for settlement benefits if you meet the claims eligibility criteria. Assuming you are eligible for compensation, the amount of the compensation payable to you will depend on the following factors:
- The terms of the applicable warranty. For copies of the applicable warranty, click here.
- The number of damaged BP Organic Shingles on the relevant roof slope.
- The length of time the BP Organic Shingles have been installed on your roof.
- Whether you select the cash settlement option or the repairs settlement option.
In reviewing the settlement options, it is useful to keep the following in mind:
- A “square” means 100 square feet of roofing shingles. A “square” is typically composed of three bundles/packages of shingles.
- The non-proration period is the period during which the Defendant is obligated to pay the full settlement benefits without any “proration” or discount to account for the years of use you have already received from your shingles. The non-proration period is the later of five years from the date of installation and the non-proration period as per the applicable BP warranty. If you purchased an extended warranty, the longer non-proration period provided for under the terms of the extended warranty will apply. To determine the applicable non-proration period for your BP Organic Shingles, please select the year in which your shingles were installed and the product that was installed from the dropdown menus below.
- After the non-proration period, settlement benefits will be prorated or discounted to account for the years of use you have already received from your shingles. For example, if you file a claim for BP Organic Shingles that have a warranty period of 30 years exactly 12 years after they were installed, you would have used the shingles for 12 yearss and 18 years would remain on the warranty. Your settlement benefits would be calculated by multiplying the compensation amount by 18/30 (the proportion of the warranty that remains).
The number of squares on which settlement benefits will be calculated will depend on the size of the roof slope and the extent of damaged BP Organic Shingles on the roof slope. If the damaged BP Organic Shingles make up less than 5% of the roof slope, settlement benefits will be calculated based on the number of damaged BP Organic Shingles. If the damaged BP Organic Shingles make up more than 5% of the roof slope, settlement benefits will be calculated based on the number of squares on the entire roof slope.
Under the cash settlement option, during the non-proration period, eligible Class Members in Canada will receive Cdn $75/square as compensation for the costs of removing and replacing damaged BP Organic Shingles and eligible Class Members in the United States will receive US $75/square as compensation for the costs of removing and replacing damaged BP Organic Shingles. After the non-proration period, the Cdn $75/square (or US $75/square, as appropriate), will be prorated or discounted to account for the use the eligible Class Members have already received from their BP Organic Shingles.
Under the repair settlement option, eligible Class Members will be compensated for the costs of repairing and replacing the damaged BP Organic Shingles, in accordance with the terms of the applicable warranty. During the non-proration period, the Defendant will reimburse the eligible Class Member for the full costs of repairs or replacement in accordance with the terms of the applicable warranty. After the non-proration period, the Defendant will reimburse the eligible Class Member for the costs of repairs or replacement in accordance with the terms of the applicable warranty on a prorated basis, to account for the use the eligible Class Members have already received from their BP Organic Shingles. In completing the repairs or replacement, eligible Class Members can select the roofer of their choice, but must use shingles manufactured by the Defendant.
In accordance with the terms of the Applicable Warranty, not withstanding the foregoing, for BP Organic Shingles installed on or after Januaty 1, 2006, such estimate shall be no greater than the original costs of installing the damaged BP Organic Shingles, in accordance with with section 6.4(a)(i)(3) of the Settlement.
Copies of the applicable warranties are on the Warranty Documents page.
Please consider the settlement benefit options carefully. Your selection cannot be amended after your claim has been submitted.