KANSAS CITY, Mo. -- TAMKO Building Products is suing a roofing company to recover losses sustained from damage to its shingles.
The complaint was filed May 7 in U.S. District Court for the Western District of Missouri against McCabe Industrial Minerals Inc. It alleges that McCabe negligently and “in breach of duties” delivered contaminated coal slag to TAMKO’s manufacturing facility. This reportedly occurred on four separate occasions in May 2016, a time of peak demand for TAMKO’s shingles.
“The contaminated slag was then incorporated into approximately 69,000 units of TAMKO shingles, causing physical injury to the shingles and rending them unsuitable for sale,” the complaint said.
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The suit alleges TAMKO was also required to shut down parts of its manufacturing lines, resulting in lost product that would have been sold and productivity. It notes that the contamination occurred in March 2016 when the Ashbury, Missouri, plant where McCabe acquires its coal temporarily shut down and flushed raw coal through the pits in which it stores coal slag.
“When the coal slag was placed into the pit for storage, it was contaminated with the raw coal, the suit said.
After acquiring the contaminated coal slag, McCabe reportedly processed it at its facility in Weir, Kansas.
“Based on information and belief, McCabe did not run any tests or analysis on this contaminated coal slag,” the suit said.
After the coal slag was delivered to TAMKO, the company incorporated the material into its shingles, “under the belief that McCabe had tested or analyzed the materials.” On the day of the last shipment, a representative from McCabe told TAMKO each of the shipments it received were contaminated with raw coal.
The complaint alleges that McCade breached its duties “by failing to adequately process, test, inspect, and/or label its shipments of coal slag before delivering them to TAMKO.”
TAMKO is represented by attorneys Jeffrey J. Simon and Tyler J. Scott of Husch Blackwell in Kansas City, Missouri.