NRCA update: California Proposition 65 consent judgments, June 2004
The consent judgments in the California Proposition 65 litigation were entered by
the Superior Court of the State of California for Alameda County on April 29, 2004.
Roofing contractors who have received Proposition 65 notices of intent to sue and
others who would like to opt in to the settlement will be able to put this matter
behind them for a fraction of the cost of individually defending against these claims.
To finalize settlement of this litigation, documents must be executed and filed
with the court. Two such documents are the Exhibits D "Opt-In Declaration and Agreement"-one
from the People of the State of California's consent judgment and the other from
Consumer Advocacy Group's consent judgment. Many roofing contractors already may
have received hard copies of the two consent judgments in mailings from NRCA.
Click on a link below to read the full text of each consent.
It is important for all settling roofing contractors to seek the assistance of legal
counsel and read and understand these consent judgments before executing the documents
necessary to join the settlement. The documents establish certain legal obligations
and liabilities, and appropriate counsel is required. Consult an attorney for more
information.
If you have questions, contact Tom Shanahan, NRCA's associate executive director
of risk management and education, at (800) 323-9545, Ext. 7538, or
tshanahan@nrca.net, or Harry Dietz, NRCA's director of risk
management at (800) 323-9545, Ext. 7502, or
hdietz@nrca.net.