International Construction Law Review
THE AMERICAN EXPERIENCE WITH EXTERIOR INSULATION AND FINISH SYSTEMS (EIFS) OR SYNTHETIC STUCCO CLADDING SYSTEMS
PATRICK J O’CONNOR, JR1
Partner, Faegre & Benson, LLP, Minneapolis, Minnesota
I. ORIGINS
Exterior insulation and finish systems (“EIFS”) were developed shortly after the Second World War to aid in the reconstruction of European cities ravaged by the war.2
The use of EIFS to repair European buildings worked quite well, as it was an efficient and economical alternative to demolishing damaged structures and building anew. Moreover, the use of EIFS on Old World buildings did not create many problems, as most of these structures were constructed of stone, concrete, brick or other similar, durable materials. In the 1960s, EIFS was introduced into North America. It was first used on commercial structures. Later, however, it began to be employed on wood-frame buildings, such as are commonly found in the residential construction market. It has been the use of EIFS on wood-frame buildings that has generated the most controversy.
II. WHAT IS EIFS?
EIFS is a “system”, not a single product. In this regard, it resembles the many “built-up” roof systems on the market. Depending upon how one counts the various components, EIFS consists of:
- (1) an attachment system (which can be either an adhesive or some form of mechanical anchor);
- (2) an insulation layer (usually consisting of pre-formed boards of foam plastic);
- (3) a base coat (a water-resistant polymer and cement coating that is applied to the top of the insulation);
- (4) a reinforcing mesh that is placed into the base coat (usually made of fibreglass); and
- (5) a finish coat (typically using acrylic co-polymer technology that is textured to look like stucco and coloured in any number of shades).3
EIFS has the advantage of being an attractive and relatively inexpensive cladding.4
In contrast to traditional stucco, which is a “natural” product composed of sand, Portland cement and other materials, EIFS is a synthetic product which has an insulating capability. Moreover, unlike stucco, EIFS can be applied in large areas without any joints, and comes in a variety of shapes, colours, and textures.5
III. THE TROUBLE WITH EIFS
1. Moisture infiltration concerns
For all its strengths, EIFS has been the subject of much controversy and litigation.6
Most of the controversy centres on moisture intrusion. Most
3 Literature and court decisions discussing EIFS sometimes employ different terminology and descriptions. For example, the substrate to which the EIFS is applied (in wood-framed construction, this is usually either plywood or a gypsum material) is sometimes included as part of the system, although technically this is incorrect. See Mahvi
v. Stanley Builders
, 2005 WL 3366973 * 1 (Ohio Ct App 11 Dist, 9 Dec 2005): “An EIFS generally consists of a substrate made from either plywood and or other materials, such as gypsum board, which are glued together with polystyrene insulation boards, known as EPS boards. This substrate is then followed by a base coat generally consisting of sand, quartz or marble dust, combined with synthetic bonding agents and/or resins, over which fiberglass netting is embedded. Generally, a primer coat is then applied, followed by an acrylic-based exterior finish coat, which is available in a variety of colors.” As most judicial decisions go, this description is quite complete and, except for the fact that it includes the substrate as part of the EIFS, is more helpful than most. For a thorough discussion of how EIFS is constructed and applied in the field, see Robert G Thomas, Jr, op. cit.
, n. 2.
4 See David L Grenier and William J Jorgensen, “Exterior Insulation and Finish Systems (EIFS): An Overview
”, available at www.c-risk.com (“Today, EIFS is characterized as a waterproof system that is light weight, inexpensive, and very flexible. Architects applaud its ability to adhere to ornate design. Builders appreciate that it is feather weight and easy to apply. Homeowners approve of its price.”)
5 Determining whether a particular structure is clad with traditional stucco or EIFS is not easy to do: “A quick, but not foolproof way to check is to knock on the wall with your knuckles and press on it with your fingers. If you hear a hollow sound when you knock and the wall feels softer than concrete you probably have EIFS. If the wall sounds very solid and feels as hard as concrete you may have traditional ‘hard coat’ stucco.” eifsfacts.org at http//www.hadd.com/eifs/basics.htm.
It is also not easy to tell one manufacturer’s EIFS from another’s: “Although EIFS are proprietary products, there are many similarities, and differences, in the way they are installed. In order to know how a given EIFS should have been installed, you need to know whose product it is. Most EIFS, once installed, are indistinguishable, but you will need to know whose product it is in order for the Manufacturer to be willing to help you; Ford dealers don’t fix Chevies. Local EIFS distributors and contractors can sometime [sic
] help you determine whose product it is. You should be aware that while it is technically possible to take samples of an EIFS and have it analyzed in a lab to determine whose product it is, this is an expensive proposition, requiring cooperation with EIFS Manufacturers, and is sometimes inconclusive.” Robert G Thomas, Jr, op. cit.
n. 2, at 17.
There are more than a dozen EIFS manufacturers. Some of the more common ones include Dryvit (www.dryvit.com); Finestone (www.degussa.com); Omega Products (www.omega-products.com); Master Wall (www.masterwall.com); Preswitt (www.preswitt.com); Senergy (www.degussa.com); Sto (www.stocorp.com); TEC (www.hbfuller.com); TEIFS Wall Systems (www.teifs.com); Parex (www.parex.com); Stuco-Flex (www.stucoflex.com); and Pleko (www.pleko.com). The EIFS industry is represented by a number of trade associations, including EIFS Industry Members Association, or EIMA (www.eifsfacts.com); Association of Wall & Ceiling Industries, or AWCI (www.awci.org); Northwest Wall & Ceiling Bureau (www.nwcb.org); and Texas Lath & Plaster Contractors Association (www.tlpca.org).
6 As one commentator, interested in determining whether EIFS-clad homes were discounted in the market place (and finding that they were not), noted: “Numerous class action suits have been filed on behalf of EIFS homeowners against EIFS manufacturers and installers. Not surprisingly, manufacturers blame installers for the problems, while contractors say the manufacturers have produced a defective product. North Carolina has recently banned the use of EIFS in residential buildings and Georgia may soon implement similar restrictions. Equally disturbing for homeowners is that many insurance companies will not cover damage due to EIFS systems.” Leonard V Zumpano et al
., A Report on Exterior Insulation and Finish Systems: What Real Estate Professionals Need to Know
, Alabama State Research and Education Center (February 2000). See also, Kenneth H Johnson et al.
, “Exterior Insulation and Finish Systems: The Effect on Residential Housing Prices and Marketing Time”, J of Real Estate Research, 12 (2001) (authors report that market is not discounting EIFS-clad homes, but the presence of EIFS significantly extends the property’s marketing time).
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The International Construction Law Review
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