Is there a class action lawsuit against Kitec piping?

**jconta** · 01-04-2008, 09:35 AM

Yes, there is a potential lawsuit for California and Arizona consumers. I am a legal investigator, working for the attorneys who are putting this case together. There were cases similar regarding Kitec, already litigated in New Mexico and Nevada. Where are you from? Please contact me either by phone at 661 312-5156, or email at jconta@batza-associates.com

Thanks,

Jennifer Conta

**wet!** · 01-25-2008, 09:02 PM

I was contacted by a near by home owner about the failure of another Zurn brass fitting yesterday.

The circumstances are as follows. He left his expensive log home for 90 minutes. When he returned he heard water running. He had 4 inches of water in his basement. The cause:- another Zurn fitting had failed and the nut split in half and the pipe fell free in the wall space. Water leak was estimated at 120 gallons per hour at least.

Damage is severe. New water heater, new sheet rock new carpet.

Now the interesting part. His insurer says he has to remove all Zurn plumbing or there will be no payment for future claims. This job will be $80,000 to $100,000. This is at his expense. Now his legal advice has been to sue his Plplumber which he is going to do. His lawyers have said it will be easier to sue the plumber than Zurn, he can then sue the distributor who can then sue Zurn.

Now this is a small rural plumber. I feel really sorry for him.

This is a small sparsely populated area, and we have now had three cases of this type of failure that I'm aware of.

My advice to plumbers: - Do not install any more Zurn Q-pex plumbing.

My advice to retailers and distributors: - Return all Zurn Q-pex plumbing parts and don't stock it in future.

If you don't take this advice, you are likely to get yourself knee deep in lawyers.

Plumbers, don't be surprised if you get forced to bear the total cost of removing the Zurn Q-pex you have installed.

**TXHomeowner** · 10-15-2008, 09:24 AM

Chipper Man,,,,,,,,, I have been unable to find anyone locally (Texas) that knows about the plastic replacement fittings you mentioned. Can you tell me where to find them and the brand name? We have a new house that was plumbed with Kitec, and between the time it was roughed in and the time it needed to be topped out, the kitec was pulled from the market and all quotes to replumb were too high,,, so we waited for someone to come out with a replacement fitting to solve the problem,,,,, as you suggested.

**KITEC-VICTIM** · 01-13-2009, 07:45 PM

You might try DORON LEVIN an ATTORNEY in HOUSTON,TX. He placed a notice on craigslist. His phone number is 1-888-935-2929 or 713-229-9300 & the website is www.levinclients.com. I am from Seguin, TX and had my NEW home entirely plumbed in 2007 with KITEC. If anyone knows a legal council in TEXAS who plans to go into a class action suit against the mftr of KITEC PLEASE LET ME KNOW!!!! THANK YOU!

**polyresearch** · 01-14-2009, 11:40 AM

Hello KITEC-VICTIM. From what I can gather their may be tons of Kitec victims in central Texas. In speaking to a few fellow plumbers and others within the industry it sounds like there may be a good amount of failing Kitec fittings from San Antonio to clear north of Austin. I'm sure Houston and DFW area are also having problems as well. In any event I ran across your posting this morning and strongly recommend that you contact Shawn Raiter of Larson King LLP at 877-373-5501. Feel free to email me directly with any other questions at polyresearch@yahoo.com.

**Dunbar Plumbing** · 01-14-2009, 04:34 PM

Wow,

This is the first I heard that this product was failing in texas. I thought it was limited to just Las Vegas Nevada.

**Redwood** · 01-14-2009, 05:03 PM

It's failing everywhere it was installed.
Even in Canada it has been pulled from the market!

**nhmaster** · 01-14-2009, 06:31 PM

This website has been established by Class Counsel to provide information to class members of the class action lawsuit involving brass KITEC® plumbing fittings ("Kitec® Fittings") that was certified by the Nevada District Court on October 16, 2006, which alleges that KITEC® Fittings are defective because they dezincify and fail when exposed to water.

This class action includes all owners of residences in Clark County, Nevada that contain, or at any time contained, a Kitec and/or PlumBetter piping system and/or components, although it is now believed this product was not used extensively in Clark County beyond 2004.

IMPORTANT CASE UPDATES

Class Counsel recently reached a tentative settlement with the manufacturer of the Kitec brass fittings, Ipex, Inc. and IPEX USA, LLC, for $90,000,000. This settlement does not resolve the entire In Re Kitec Fitting Litigation case as claims remain against the home builders and the plumbers. Because this is a partial settlement, it will not be enough by itself to re-plumb homes. Therefore, litigation will continue against the home builders and plumbers that have not yet settled. This settlement must still be approved by the Court and by the Class, which will take several months. The settlement may be appealed by other defendants in the case, which may substantially delay Class Counsel’s ability to use these funds for repairs. For more information regarding this settlement and how it may affect your rights, please read the Notice of Preliminary Approval of Settlement and Fairness Hearing and the Fifth Notice of Class Action documents in the Updates section of this website and/or contact our office at the telephone number provided below.

If you wish to support the proposed Ipex Settlement, click on the banner below.

**trauschu** · 01-19-2009, 01:35 PM

Well, another home in S. Texas with Kitec in it. We bought the home new from a small custom builder in July '08. From what I can tell, it was plumbed in mid-'07 during framing, and the water was turned on in May '08.

No fitting leaks, YET....

But, two questions:

1) There was mention of new plastic fittings for use with the Kitec tube. Is there any more info on these? I would like to install a water softener, but getting fittings for this Kitec is next to impossible. If there is an approved plastic fitting, I would like to use it.

2) The documention from the Las Vegas class action suit said that the water there was very hard. Could this excessive mineral content in Las Vegas help cause the aggressive decomposition of the Kitec brass fittings? If so, S. Central Texas is going to be the second big lawsuit if there is as much Kitec down here as was stated in the previous post, as we also have VERY hard aquifer water here.

So then, back to my #2 question. Has there been any research into water softeners in relation to the brass fittings? Will installing a water softener to effectively remove the minerals in these hard water area help prolong the brass Kitec fittings? Is it worth a shot?

Ideas? Suggestions?

**Dunbar Plumbing** · 01-19-2009, 05:52 PM

trauschu,

Tear that complete system out, make it all disappear and get something reliable in there.

There are no quick fixes.

**polyresearch** · 01-20-2009, 08:43 AM

Originally Posted by trauschu

Well, another home in S. Texas with Kitec in it. We bought the home new from a small custom builder in July '08. From what I can tell, it was plumbed in mid-'07 during framing, and the water was turned on in May '08.

No fitting leaks, YET....

But, two questions:

1) There was mention of new plastic fittings for use with the Kitec tube. Is there any more info on these? I would like to install a water softener, but getting fittings for this Kitec is next to impossible. If there is an approved plastic fitting, I would like to use it.

2) The documention from the Las Vegas class action suit said that the water there was very hard. Could this excessive mineral content in Las Vegas help cause the aggressive decomposition of the Kitec brass fittings? If so, S. Central Texas is going to be the second big lawsuit if there is as much Kitec down here as was stated in the previous post, as we also have VERY hard aquifer water here.

So then, back to my #2 question. Has there been any research into water softeners in relation to the brass fittings? Will installing a water softener to effectively remove the minerals in these hard water area help prolong the brass Kitec fittings? Is it worth a shot?

Ideas? Suggestions?

I assume you're talking about the Edwards Aquifer? A couple of things you'll have to consider regarding the purchase/installation of a water softener. It's my understanding that in some cases these fittings are failing in a little as two years time. If you install a water softener now you may just be prolonging an inevitable leak at some point in the near future. If you'd prefer a softener for other reasons then I'd go ahead an get one. However if you're just buying one to extend the life of the system then you may be better served by starting to budget for a whole house repipe. At a minimum you may want to locate your home's main shutoff valve and turn the water off when you plan to by away for any extended period of time, including for example before you head out to work. The last thing you want is to have a leak while your away from home.

**master plumber mark** · 01-20-2009, 02:32 PM

Rugged....didnt we talk about how all these different pexes
would eventually fail someday...

I think it was only two years ago,,

i did not think it would happen this fast...

Lots of Ki-tech around here in indiana too

and our water is the worst in the USA

**kitec** · 01-27-2009, 11:06 AM

I talked to a lawyer who's working on this case - very helpful. yes, there is a lawsuit because the kitec fittings are bad. I have them in my house and there has only been 1 leak but i'm not wanting anymore problems. the lawyers number who I talked to is 1-888-935-2929 and I found his website at www.levinclients.com.

**kitec** · 03-24-2009, 11:13 AM

Yes there is a bunch of class action lawsuits filed against Ipex, the company that makes Kitec. I talked to one of the law firms involved in the cases that have been filed and they sent me papers to join. Supposably it is the brass fittings that go bad and need to be replaced. Call them yourself if you have Kitec. 1888-935-2929 or website www.law29.com. Good luck.

**Linda702** · 04-06-2009, 07:05 AM

There is a big class action suit in Las Vegas over Kitec Plumbing. Some neighborhoods have settled. (Basically, it covers the cost to replace all the fittings throughout the house. My friend has a small single story. It took several weeks.) A real pain. See: http://www.plumbingdefect.com/index.html