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Another nominal dimension lawsuit

This topic contains 33 replies, has 19 voices, and was last updated by  theamcguy 1 week ago.

Viewing 20 posts - 1 through 20 (of 34 total)
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  • #633450

    kurt@welkerhomes.com
    Pro
    Owatonna, MN - Minnesota

    another lawsuit has been brought against Home Depot and Menards regarding selling material as nominal dimension and labeling it as a 4 x 4.

    https://www.usatoday.com/story/money/nation-now/2017/06/21/home-depot-menards-lumber-size-lawsuit/415874001/#

    Another one like this was brought against Lowes in California a couple years ago.

    In that case they were using a ANSI softwood standard for things like plastic decking and hardwoods. In this case, they found an item that did not have the additional information on the tag with the nominal dimension. They are well within the ANSI standard with calling it a 4 x 4 i believe.

    It seems to me that this is a plaintiff just looking for something to sue over. all design standards take into effect the nominal dimensions of lumber products. What is next, sue the international code council and every architect and contractor that use a 1 1/2′ x 3 1/2″ member where a drawing calls for a 2 x 4 for not meeting the specifications.

    We all better use nominal dimensions in our proposals from now on, no more calling out a 2 x 10 for deck framing it is now a 1 1/2″ x 9 1/4″ floor joist if this lawsuit goes through. I hope the judge throws them out of court.

    #633452

    smallerstick
    Pro
    Listowel, ON

    another lawsuit has been brought against Home Depot and Menards regarding selling material as nominal dimension and labeling it as a 4 x 4.

    Frivolous to say the least. I can’t imagine a lawyer taking that one on a contingency basis.

    If the women don't find you handsome, they should at least find you handy. -- Red Green

    #633481

    jponto07
    Moderator
    Bloomington, IN

    Total joke. This issue has been clarified in courtrooms already. It’s common knowledge that lumber is smaller than it’s “nominal” size…in fact, it’s posted on the shelf tag at these stores.

    Jon P.
    Timber Carpentry & Construction
    https://www.facebook.com/timbercarpentry/
    Instagram

    #633484

    kurt@welkerhomes.com
    Pro
    Owatonna, MN - Minnesota

    Total joke. This issue has been clarified in courtrooms already. It’s common knowledge that lumber is smaller than it’s “nominal” size…in fact, it’s posted on the shelf tag at these stores.

    In the trades and the serious DIY’ers it is common knowledge, but I think you would be surprised how many people are so removed from it that they do not know it. I think it is probably different in other countries and immigrants from those countries would probably not think it is different than what they know from home. I know if I were to go to another country, I would have a lot of learning experiences trying to conform to the things that they take for granted.

    Shame on those retailers for not also listing the nominal size on the item descriptions, but over 5 mil for that, come on. Class action to boot. If this fliess, as I stated before, we will be the next targets. All of the mom and pop lumber yards will be targets also.

    #633486

    jponto07
    Moderator
    Bloomington, IN

    Are they also complaining about the extra length on some lumber? Doubt it…a 2×4-8 is typically 1.5 x 3.5 x 96.5.

    This is the definition of frivolous and unnecessary.

    Jon P.
    Timber Carpentry & Construction
    https://www.facebook.com/timbercarpentry/
    Instagram

    #633487

    Sorpa
    Pro
    Pierrefonds, Qc

    …..frivolous and unnecessary.

    Those words don’t exist in lawyer’s world. Among many others.

    #633489

    roninohio
    Pro
    New Franklin, OH

    Always someone wanting something for nothing. Some of the law suits today are just ridiculous . This one is as silly as the woman that sued over coffee to hot. All they do is drive prices up on everything.

    #633492

    Warren6810
    Pro
    Akron, OH

    Remember a few months ago when Harbor Freight got sued? They used to print at the bottom of the receipt, your “savings” amount. We all knew it was just an exaggerated amount and was purely a marketing gimmick, but they still had to settle.

    #633499

    I can’t say anybody has been unable to build or make things. This is so bogus with a lawyer who can’t make an honest living. The standards of the years are well known and everyone works with it.

    #633500

    Doobie
    Pro
    Ajax, ON

    This one is as silly as the woman that sued over coffee to hot.

    I used to think that too. Then I saw a documentary report on it and it actually made a lot of sense why they sued and what they were after and how it was McDonalds that were in the wrong in many facets.

    https://en.m.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restaurants

    Kevin.

    #633530

    No one will get rich except the lawyers. Probably went out and looked for people to sign up for the suit. A law firm will take x% of the payout (millions) and all the folks who signed up will get less than $100 each if they win. Lawyers are so slimy. Yes, that is a generalisation, but there are enough of them that act that way to earn the reputation.

    My You Tube channel: https://www.youtube.com/channel/UCA5AretE3xPoVDV61AxUdUA

    I don't do a fast job. I don't do a slow job. I do a half fast job.

    #633535

    theamcguy
    Pro
    Fayetteville, NC

    We all better use nominal dimensions in our proposals from now on, no more calling out a 2 x 10 for deck framing it is now a 1 1/2″ x 9 1/4″ floor joist if this lawsuit goes through. I hope the judge throws them out of court.

    Ridiculous and a waste of time and money by a someone looking to cash in. I go into to HD any more and since the last lawsuit everything is now labeled with actual dimensions. PITA

    Automotive Pro
    Fayetteville, NC

    #633536

    WoodsConstruction
    Pro
    Sudbury, ON

    We all better use nominal dimensions in our proposals from now on, no more calling out a 2 x 10 for deck framing it is now a 1 1/2″ x 9 1/4″ floor joist if this lawsuit goes through. I hope the judge throws them out of court.

    That will be the day.

    I just find that common sence is getting more and more uncommon.

    Maybe I’m a pushover and need to stand up for myself, but if I knew nothing about lumber and went to purchase some 4×4’s only to realize they were 3-1/2×3-1/2 I think the most I would do is shrug my shoulders and say “huh” then proceed to carry on with my day

    #633543

    Is it just me? I think someone who doesn’t know a 2×4 is nominal should not be in a position to be using one

    Attachments:
    #633551

    Doobie
    Pro
    Ajax, ON

    Lawyers are so slimy. Yes, that is a generalisation, but there are enough of them that act that way to earn the reputation.

    It’s like every other profession, there’s good ones and bad ones. I’ve met many of each.

    For me, it’s doctors. Too many greedy ones and ones who believe they are God.

    Kevin.

    #633559

    Sorpa
    Pro
    Pierrefonds, Qc

    Is it just me? I think someone who doesn’t know a 2×4 is nominal should not be in a position to be using one

    I concur.

    #633563

    smallerstick
    Pro
    Listowel, ON

    Is it just me? I think someone who doesn’t know a 2×4 is nominal should not be in a position to be using one

    Just looked again at the pic; almost wet myself laughing.

    If the women don't find you handsome, they should at least find you handy. -- Red Green

    #633565

    Doobie
    Pro
    Ajax, ON

    What’s next? Sue Oscar Meyer because their weiners are not made from dogs?

    Kevin.

    #633577

    I hope, if they actually change anything because of this garbage, all they do is put a small note somewhere on the tag, like “pre-dressed dimensions” or something

    #633580

    kurt@welkerhomes.com
    Pro
    Owatonna, MN - Minnesota

    In case any one has trouble sleeping, here is the softwood lumber sizing guidelines.
    https://www.nist.gov/sites/default/files/documents/2017/06/13/doc_ps_20-15_american_softwood_lumber_standard-final-2-25-15.pdf

    the 1/2 inch drop in dimension up to 6″ and the 3/4″ drop in dimension for over 6″ has been the standard since the 60’s.

    It seems to me this is a case of a lawyer looking for a case.

    “Show me the man, and I’ll show you the crime.””

    – Lavrentiy Beria, head of Joseph Stalin’s secret police

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