Is there a class action lawsuit against Kitec piping?

**ultimachi** · 08-26-2006, 04:57 PM

I recently just bought my first house a little over a month ago. One of my water pipes blew and flooded the house while we were asleep. The home warranty company sent out a couple plumbers to fix the problem, but both say that this Kitec plumbing has been recalled and is not repairable. They state that the whole house needs to be repiped.

Now the home warranty will not cover the cost of repiping the home.....but they also won't approve the repair of this pipe due to the manufacturers recall. They say it has to come out of pocket!!! I also spoke to the homeowner's insurance and they will cover all the damages from the water to the rest of the house.

So what can I do? Is there a class action lawsuit against the manufacturer? The home warranty company stated that alot of people have filed lawsuits against this manufacturer, but they won't give me any details. I'd really appreciate some direction towards a solution.

**Bob NH** · 08-26-2006, 05:06 PM

What kind of home warranty is it that won't pay for a problem that they did not reveal to you when they inspected the house before you got the warranty? I would be looking to sue the home warranty people or the inspector that told you the house was ok and resulted in you getting the warranty.

**master plumber mark** · 08-26-2006, 06:13 PM

their is no lawsuit about Kiteck that I know of

I have a salesman that is trying to get me to use it right now.....

and I will ask him about this subject....

I do know that the did have problems with

useing it in radiant systems in concrete........

those plumbers should be able to repair a simple broke pipe.....

http://forums.invision.net/Thread.cf..._ID=22688&mc=9

**Mike Swearingen** · 08-26-2006, 06:46 PM

Consult an attorney immediately. Seems like someone else should be responsible for this.
If there is a legal problem with that plumbing, the seller or the seller's agent may have been responsible for disclosing the problem to you prior to purchase, and may be liable if they did not.
Depends on your particular state laws.
Good luck!
Mike
(20-Year NC Real Estate Broker)

**Lakee911** · 08-27-2006, 10:14 AM

Those warranties are a bunch of bullshit. After I read mine, I called and canceled and they gave me the $360 back that the seller had paid. After you use it, you can't get a refund. They look like good selling points, but they're just free money in their pocket. I used my refund to buy a new water heater.

Sorry about your luck.

Jason

**Mikey** · 08-28-2006, 08:45 AM

Originally Posted by Lakee911

Those warranties are a bunch of bullshit.

Hey, tell us what you really think.

**ultimachi** · 09-06-2006, 11:57 AM

Originally Posted by Bob NH

What kind of home warranty is it that won't pay for a problem that they did not reveal to you when they inspected the house before you got the warranty? I would be looking to sue the home warranty people or the inspector that told you the house was ok and resulted in you getting the warranty.

Sorry for the long delay.

Ok here's the update. The warranty company keeps sending out plumbers from different companies as if they're going to actually fix the problem. But they all say the same thing. "We will not touch this piping due to liability issues. They don't make the fittings nor make this pipe anymore." One of the plumbers told me that alot of warranty companies wont' cover repiping of the whole house......as that's what needs to be done to mine. He said the warranty company will usually write me a check, and tell me to take care of it. More often than not, the check isn't sufficient to cover the cost of repiping the house. The plumber also stated that Kitec is Bankrupt, and many people around here have tried suing but to no avail. He said, I'm basically screwed.

As for the warranty company not covering it.....they say that they don't cover recalled items that have been issued by the manufacturer. So they are still "deciding" on what they're going to do.

As for the Homeowners insurance, the adjustor came out for all the damages and came up that the total damage alone is in excess of 21,000 dollars.

This is a bunch of crap. I know there's something I can do. I'm not going to accept a measly check to cover this. One thing that is making me wonder is that before I bought the house, I had an inspection done. The inspector found small water leaks around the bar area (Which was put in after the house was built) and leaks in the sprinkler system. We gave the option to the owner to either fix it or give me 750 dollars and I'll take care of it. They decided to give us the 750. It's funny because they were such insignificant leaks.

Another thing I noticed was that the carpet was all removed and replaced with tile in the walkways and wood floor laminate in all the rooms. And when I moved in all the walls were painted different colors. Master was green, living area and hallway lavender, rooms were purple and gold. So I had the house painted all one color when I moved in. Now when we had the baseboards removed after the flood, the same paint was underneath the baseboards.....as if maybe they had a similar problem, and had the house repainted. Also, there are cans of paint in my laundry room which match the paint they used.

Is there a way to find out if the previous owner filed a claim and to actually know if they knew they had a problem but did not disclose this? Isn't this illegal for them not to do so? Any help is appreciated. Thanks.

**serge** · 09-06-2006, 03:43 PM

I don't understand. I thought that Kitec is going just fine?

Is this about polybutylene?

Serge

**master plumber mark** · 09-06-2006, 04:56 PM

Are you absolutely sure youare talking about KITEC PEX pipe????

can you take some picutures of it and post them here to look at????

They still sell it her ein Indiana and have not heard a bad work about it....

I am going to pass this on to my sales rep for fun....

but I would really like to see some DIGITAL PICS of your nightmare......

to be sure we ar talking apples and apples......

**Cass** · 09-07-2006, 05:41 AM

I think you may be talking about PB pipe. Is the pipe gray in color?

Check this link and see if this isn't what you have.

http://www.spencerclass.com/english.htm

**ss3964spd** · 09-08-2006, 10:23 AM

Read all the paper work from the warrenty company. If the paper work does not specifically state that they do not cover re-piping the house, or specifically state they do not cover "recalled" products (assuming you are in fact dealing with a recalled product), then they are responsible to cover the claim.

It does not matter a bit what they may have said over the phone.

Dan

**ultimachi** · 09-26-2006, 11:18 AM

Hey guys....sorry for another long delay. I will take pics of this nightmare and post them up. The pipe is going to the master shower. There's 2 plastic pipes in there going into 2 copper pipes. They're held on there by some plastic fittings. Well the one that blew was orange in color and says Kitec Canada on it. The other pipe is blue in color with the same writing. Give me about a half hour I'll get some pics up.