Delta Mechanical Inc » You got questions? We have answers!

What is the Consumer Plumbing Recovery Center (CPRC)?
The Consumer Plumbing Recovery Center (CPRC) is a third party administrator. It is a claim handling facility established as a not-for-profit corporation approved by the court to administer the terms of COX vs. Shell, et al. national class action Settlement. CPRC is required to disburse benefits in strict accordance with the Settlement Agreement reached among the parties. The primary function of the Company is to maintain and properly administer the approximately $1 billion fund created by the Settlement. The CPRC handles claims and manages the Settlement Fund for and under the continuing supervision of the Court.
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What is the COX vs. Shell Oil et al. Settlement?
The Settlement is a national class action settlement involving certain polybutylene plumbing systems and polybutylene yard service lines installed between January 1, 1978 through July 31, 1995. The Settlement provides for the disbursement of a billion dollar fund to claimants who qualify under the terms of the Settlement Agreement.
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How was the public notified about this program?
Several Legal Notices in the media announced the class action to the American public. It is important to understand that “notice”, as it applies to class action litigation, does not mean notice to each and every individual Class Member, but rather, to the community. Since this is a national class action, the community is the entire United States. As with many legal notices, Cox depended on national and local media to reach members of the Class. This involved advertising in newspapers, magazines, television, radio, and even the Internet. Additionally, there has been extensive free publicity in the form of news articles in and public service announcements by the media. Notices have appeared in trade journals and other periodicals such as newsletters published by homeowner associations. In addition to the above, there have been many media articles on polybutylene and Cox vs. Shell Oil. This has included such TV programs as Good Morning America and CBS This Morning. Articles have appeared in the Wall Street Journal, The Washington Post, and others. Reporters from many newspapers, TV stations, and magazines, some large, some from small cities, have interviewed CPRC personnel. The Court concluded the Cox notice program was “…one of the most comprehensive class action campaigns ever undertaken.”

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Could you explain the Cox Settlement?
Claimants may be eligible for a replumb (replacement of the plumbing system) or yard service line replacement at no charge and/or certain Leak Expense reimbursement if they

Presently own or have previously owned a home plumbed with a polybutylene plumbing system or a polybutylene yard service line which was installed between January 1, 1978 through July 31, 1995 and
The homeowner has experienced a Qualifying Leak.

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What needs to be provided to CPRC to provide adequate verification of the Installation Date of the PB Plumbing System?
If actual original installation documentation cannot be provided, CPRC requires a form of verification to be provided. The original Certificate of Occupancies, Building or Plumbing Permits, First Settlement Statement or Deed, and information from the original water authority showing the original activation date would be forms of documentation that can be provided to CPRC. Please note that the above documentation will be required for each individual building in a multi building property.
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What will I recover under the Settlement if I am eligible?
The Settlement offers to eligible claimants the ACV (actual cash value) for damages to tangible property from leaks, reimbursement of out of pocket expenses from leaks, and in some cases replacement of the PB Plumbing System or Yard Service line. The Settlement does not cover water bills, lost time from work, tenant related expenses, bodily injury or pain and suffering.
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What is a Polybutylene Plumbing System as defined by the Class?
That portion of any potable water distribution system with an Installation Date between January 1, 1978 and July 31, 1995, which is within a structure and is composed of Polybutylene Pipe with acetal or metal insert fittings (or any combination thereof). PB Plumbing System does not include PB Yard Service Line.

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How do I know if I have Polybutylene inside my house?
Examine the plumbing system anywhere there is accessible plumbing in the home such as under kitchen and bathroom sinks, at the water heater, in a crawlspace or attic. Please refer to the photos section of our web site for photos of polybutylene plumbing systems.
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What is a leak and how do I know if I have one inside my house?

A leak is a verifiable failure in a component of a PB Plumbing System that leads to unwanted discharge of water. A leak inside a home could manifest itself by visible water damage in walls, floors or ceilings. An increase in water usage may also indicate an unseen leak.
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How is a leak verified?
Adequate verification of a claimed leak will need to be provided. Plumbing repair receipts, work orders, photographs of the leak and/or repair and the actual failed part of the PB Plumbing System are adequate forms of verification of a leak in the PB Plumbing system.
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How long does it take to receive the Claim Eligibility Form in the mail?
The claim forms are mailed every day using first class postage. Allow approximately 7-10 days to receive the form.
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The leak(s) at my property is minor. Should the leak(s) be reported to the CPRC?
Any plumbing leak(s) in a PB plumbing system, regardless of severity, should be reported to the CPRC for evaluation.

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I have already replumbed my home at my own expense. Can I still file a claim?
Yes, you may be entitled to a full or partial reimbursement on your out of pocket expense.
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I have polybutylene plumbing, but I have not had any leaks, am I entitled to anything?

No, per the terms of the Settlement, the home must incur a leak to be eligible for recovery.
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I have not had any leaks. Do I need to register my name and address with the CPRC in case I do have a leak in the future?
No, it is not necessary to contact the CPRC unless the structure has a polybutylene leak inside the structure or yard service line.
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Do I have to currently own the property to make claim for repairs that were made during my ownership?
As long as you are an eligible Class Member, you do not currently have to own and/or occupy the property to claim for expenses incurred during the ownership period.
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I’m in the process of purchasing a house with PB, and the current owner had a leak last year. Can I file a claim on the previous owners leak once I own the home?
No, For a Class Member to receive relief as an Eligible Claimant, the Qualifying Leak(s) or Qualifying Yard Service Leak(s) must occur in the Unit during the Claimant’s ownership of that Unit.

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What is the claim process?
After contacting the CPRC and providing your name and mailing address, a Claim Eligibility Form will be mailed to you. Once the completed form has been returned with the requested documents, it is reviewed by the Claims Department. The Claims Department will determine if the home is eligible for recovery under the Cox Settlement. This determination may require an inspection of the home by a claim adjuster contracted to inspect properties and assist in eligibility evaluations.
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How long does the claim process take?

The entire claim process for a qualified and eligible property, including the replumb is approximately 90 to 120 days. (120-150 for notice).
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How long do I have to file a claim?

For manufactured homes and yard service lines, the leaks must occur within 10 years from the date of installation. The claim must be filed within 11 years after the date of installation.
For site built homes with plastic insert fittings the leak must occur within 13 years from the date of installation. The claim must be filed within 14 years after the date of installation.
For site built homes with metal fittings the leaks must occur within 16 years from the date of installation or before 1-31-09 whichever is earlier. The claim must be filed within 17 years after the date of installation or before 5-1-09 whichever is earlier.

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Why do you need to know the month and year my home was built?
Typically the plumbing is installed at the time the home was built. We must know the date of original PB installation in order to determine a home’s eligibility for replumb under the terms of the Settlement.
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Will damage to my home be covered?
Eligible claimants who have had damage to their property directly resulting from Qualifying Leaks may be entitled to recovery under the Cox Settlement. This could include repayment of insurance deductibles. The class action settlement only reimburses actual cash value (ACV). This means the replacement cost of the damaged property less a percentage of depreciation based on age and/or condition.
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Are water bills a covered expense under the Settlement?

Leak expenses are the reasonable and necessary non-reimbursement costs for repairing qualified leaks (including repair of access damage) in the PB plumbing system and any physical damage to such claimant’s tangible property directly resulting from a qualifying leak. Water bills do not represent damage to tangible property and therefore are not reimbursable expenses under the Settlement.
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What is the work authorization for?
This is your authorization for to proceed with the replumb of your home if it is determined to be qualified under the terms of the Settlement. You may be asked to sign a Work Authorization only to find out later that the home is not qualified. Each claim goes through several levels of review to determine qualification.
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Do I have to use a CPRC contracted plumber or can I choose my own?
Once the home is approved for replumb, you have the absolute right to use any plumber you wish. However, the terms of the settlement only allow for payment of reasonable and necessary expenses. You should submit a bid from your plumber to be reviewed against our prevailing cost in your area. At that time, CPRC will send you a written statement detailing the requirements and scope of work related to the replumb. Once the replumb is completed per the Scope of Work and upon receipt of all required documentation, a check will be cut directly to your contractor for up to the agreed upon price. If preferred, you may pay your contractor up front, and then CPRC again up to the agreed contract price, would make payment directly to you.
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What is the PB Plumbing System in my property going to be replaced with?
The plumbing system will be replaced with the product required per the local plumbing codes. The plumbing system will be replaced with a code approved material such as Type M copper, CPVC, or a non PB equivalent. The property owner will have a choice when code permits.

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Is there a warranty on the work performed by the CPRC contracted plumber?
As required by the Scope of Work, the contractor shall provide the homeowner a written one-year warranty commencing upon completion of the work.
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A CPRC authorized contractor will do my replumb. If I have a leak or other problem in the new plumbing system, what should I do?

The homeowner should first contact the plumbing company that performed or is performing the work and give them the opportunity to correct any problems. If it is within the one-year warranty period and you require further assistance, then contact your claim representative with CPRC.
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During the original repair of the leak, the wall was cut into leaving a hole. Will your contractor repair this hole during the replumb?
CPRC contractors are only responsible for areas that they access to perform the replumb as outlined in the Scope of Work. If they use an existing hole to run the plumbing, then they may patch that hole with the others. However, the adjuster that performs the initial inspection or the examiner handling your claim may assess an amount to be paid directly to the homeowner to make the necessary repair.
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The CPRC authorized plumber cut into my wallpaper during the replumb. Who is going to replace it?
The plumbers will provide CPRC with the measurements and samples of the wallpaper from the affected rooms. CPRC will calculate an amount of compensation based on an average cost and similar quality. A check will be sent to the homeowner to get the wallpaper replaced by their own contractor.
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There is dust all over my home and in my carpet from the replumb. Will you pay for a cleaning crew to come in and clean up all the dust?
The terms of the Settlement will not provide for a cleaning crew. The plumbers will make every effort to keep the debris to a minimum by covering furniture and laying plastic, etc. Please review the Scope of Work, and you may, at your own expense, decide to take additional measures with regard to cleaning.

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I cannot be expected to stay in my home with no water during the replumb. Will you pay for a hotel?
The terms of the Settlement do not provide for the cost of a hotel. As outlined in the Scope of Work, the plumbers will have water restored to at least the minimum fixtures by 6:00 p.m. each day.
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I have chosen my own plumber to do the replumb. If I have a leak or other problem in the new plumbing system, what should I do?

The homeowner should contact the plumbing company that performed or is performing the work for assistance. The CPRC will not address issues related to work performed by a plumber that is not contracted by the CPRC.
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I have already replumbed my home at my own expense. Can I still file a claim?
Yes. The CPRC will review your claim for eligibility. Once it is determined your home qualifies for replumb, you will be reimbursed based on the reasonable and necessary cost of a replumb accomplished in the usual and customary manner for your area.
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How long do I have to wait to receive my out of pocket expenses?
The entire claims process usually takes 90-120 days. (120-150 for notice).
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The reimbursement received did not cover all the expenses claimed. Should the check be deposited or returned to CPRC?
Your check is not a release. It is ok to go ahead and deposit the check. This will not prevent you from requesting further consideration of your claim.

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Is a cash settlement available instead of replumbing eligible units at my property?
No. Cash settlements are not authorized under the Settlement.
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What is a Multi-Unit property?

Any dwelling or complex of dwellings that consists of five or more units and/or a commercial property. Examples are condominium complexes, apartments communities, and restaurants.
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If I purchase a property am I able to claim previous leaks that have occurred at the property prior to my ownership?
For a Class Member to receive relief as an Eligible Claimant, the Qualifying Leak(s) or Qualifying Yard Service Leak(s) must occur in the Unit during the Claimant’s ownership of that Unit.
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What needs to be provided to provide adequate verification of the Installation Date of the PB Plumbing System?
If actual original installation documentation cannot be provided, the settlement requires a form of verification to be provided. The original Certificate of Occupancies, Building or Plumbing Permits, First Settlement Statement or Deed, and information from the original water authority showing the original activation date would be forms of documentation that can be provided. Please note that the above documentation will be required for each individual building in a multi building property.

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Why is the installation date necessary?
Typically the plumbing system is installed at the time the property was built. We must know the date of original PB installation in order to determine a unit’s eligibility for replumb under the terms of the Settlement.
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How is a leak verified?

Adequate verification of a claimed leak will need to be provided. Plumbing repair receipts, work orders, photographs of the leak and/or repair and the actual failed part of the PB Plumbing System are adequate forms of verification of a leak in the PB Plumbing system.
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Is there a grace period for reporting leaks on a Multi-Unit Property?
All leaks must be reported by the respective filing deadline. A property should have all records in order when filing a claim. Failure to report leaks in a timely fashion may deem those leaks ineligible.
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Our property has PB plumbing in the units, but they have not experienced any leaks, are we entitled to any recovery?
No, per the terms of the Settlement, the unit must incur a qualified leak(s) to be eligible for recovery.
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The property has not experienced any leaks. Should the property file a claim in case leaks occur in the future?
No, it is not necessary to file a claim unless the property has experienced a polybutylene leak(s).

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We currently have leaks at our property. Will I need to contact a plumbing company to perform the repairs to these leaks?
The property will need to repair the leaks and retain all pertinent verification that such a leak was experienced in the PB Plumbing System.
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The leaks at the property are minor. Should these leaks be reported?

Any plumbing leak in a PB plumbing system, regardless of severity, should be reported.
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Is a cash settlement available instead of replumbing eligible units at my property?
No. Cash settlements are not authorized under the Settlement.
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Can the property use a local plumber that is not on contracted with the settlement company?
As the owner of property, you have the absolute right to use any plumber you wish. However; The Terms of Settlement, in keeping with established legal practice, provide that reimbursement shall be based on Reasonable and Necessary expenses incurred because of work done in the Usual and Customary manner. Plumbers who are experienced in Replumbing have established the usual and customary method of doing this. It is possible that plumbers not experienced in this type of work will proceed in a manner that results in costs that are excessive and not reasonable and necessary. An example is needlessly cutting into walls or tearing out tile. The property will also be required to supply a copy of the bid proposal from the company of their choice. Otherwise, you may not receive 100% reimbursement of your expenses. Properties which choose to use their own plumbing company will be responsible for making all arrangements. The property may be inspected prior to payment being made. It is essential for the property owner to hire a plumbing company who is familiar with Polybutylene plumbing and the removal processes.
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What is the PB Plumbing System in the eligible unit going to be replaced with?
The plumbing system will be replaced with the product required per the local plumbing codes. The plumbing system will be replaced with a code approved material such as Type M copper, CPVC, or a non PB equivalent. The property owner will have a choice when code permits.

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The plumber cut into wallpaper during the replumb. Who is going to replace it?
The plumbers will provide the settlement company with the samples of the wallpaper from the affected units. At that time, they will calculate an amount of compensation based on an average cost and similar quality or authorize an additional inspection to be performed by Crawford & Company. Once finalized, a compensation check will be forwarded to the property owner to get the wallpaper replaced.
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The plumbing company will need to access and make cuts in walls in other units to replumb the eligible units covered under the settlement. Are these units going to be replumbed also?
Access to units to replumb other units is very common in a multi-unit structure. The access cuts will be repaired as part of the replumb process. These units will not be replumbed as they are not eligible units under the class.
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Are water bills a covered expense under the Settlement?
Leak expenses are the reasonable and necessary non-reimbursement costs for repairing qualified leaks (including repair of access damage) in the PB plumbing system and any physical damage to such claimant’s tangible property directly resulting from a qualifying leak. Water bills do not represent damage to tangible property and therefore are not reimbursable expenses under the Settlement.

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We have experienced a leak in a unit in our building. Will the PB Plumbing System be replaced in the entire building?
The PB Plumbing System is replaced on a Unit-by-Unit basis. Each Unit would need to experience the required qualified leak(s) to be eligible for the replacement of that Units’ PB Plumbing System.
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I am an apartment owner and my tenants have sustained damages to their personal belongings. Can my tenants claim these damages with the CPRC?

Tenant expenses are not covered under the Settlement. Tenants are not a Class Member and are unable to receive relief from the class.
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We have loss of rent due to recent tenant vacancy and have compensated those tenants that have experienced inconveniences during the repairs. Can these expenses be claimed under the Settlement?
Loss of rent and compensation to tenants are not tangible property and not covered under the class.
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The leaks have caused damages to the carpet, floors and walls in my apartment community. Can these damages be claimed under the Settlement?
Damages to tangible property due to a qualified and verified leak will be inspected and reviewed for eligibility.
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Is there a time frame to file for repairs?
The filing deadline for apartment communities is 14 years from the original date of PB plumbing installation. Please keep in mind that this is a filing deadline. The leak(s) must have occurred within 13 years of the original installation of the PB plumbing system to be considered for eligibility.

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Must I complete a new Claim Eligibility Form (CEF) for every leak at the property?
An additional CEF is not required to claim additional leaks. A Multi-Unit Supplement form accompanied the CEF that was used to file the initial claim. This supplement form is to be used to claim additional leaks within the apartment complex. Please contact the CPRC to obtain a copy of the supplement form.
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What determines the 13 year or 16 year eligibility period?

This is based on the type of fitting used in the PB Plumbing System. With respect to a PB Plumbing System composed of PB pipe with acetal insert fittings, a leak would have to occur within 13 years after the Date of Installation of such PB Plumbing System. If such system has metal insert fittings, a leak would have to occur within 16 years after the Date of Installation of such PB Plumbing System.
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Can a Condominium Association make a claim to handle all units within the condominium community?
If a Condominium Associations’ involvement includes the handling of repairs to the PB Plumbing System and tangible property in units due to leaks in the PB plumbing system, CPRC would prefer dealing directly with one representative from the respective Condominium Association and/or Management Company.
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I rent my unit and my tenants have sustained damages to their personal belongings. Can my tenants claim these damages with the CPRC?
Tenant expenses are not covered under the Settlement. Tenants are not a Class Member and are unable to receive relief from the Class.
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The leaks have caused damages to the carpet, floors and walls in my unit. Can these damages be claimed under the Settlement?
Damages to tangible property due to a qualified and verified leak will be inspected and reviewed for eligibility.

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I made a claim with my insurance carrier for the damages from the leak. Is my insurance deductible an expense that I may claim under the Settlement?
A copy of the loss documentation provided from your insurance carrier will be required to for review. The deductible will be reviewed for potential reimbursement.
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I cannot be expected to stay in my condominium without water during the replumb. Will the Settlement allow compensation for me to stay in a hotel?

The terms of the Settlement do not provide for the cost of a hotel. As outlined in the Scope of Work, the plumbers will have water restored to at least the minimum fixtures by 6:00 p.m. each day.
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I have damages to my unit due to an adjacent unit experiencing a leak in their PB Plumbing System. Will CPRC reimburse me for the damages in my unit?
As long as you are a valid Class Member and have incurred damage to tangible property located in your unit as a result of a Qualifying Leak not in your unit, you shall be an eligible claimant. The damages to tangible property will be inspected and reviewed for possible reimbursement.
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What is a PB yard service line as defined by the Class?
That portion of any potable water distribution system with an Installation Date between January 1, 1978 and July 31, 1995, which extends from the water company cutoff valve or a water source to the transition to the inside plumbing system in or at the structure (excluding the meter) and which is composed of Polybutylene Pipe. This line is typically blue, sometimes gray in color.
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How do I know if there is a leak in my yard line?
There is a simple test that can be done to check for leaks. Locate the interior shut off valve and turn the water off to the interior of the home. Then locate the meter box and see if the meter is still moving. If the meter is still moving, this would indicate a leak in the main line. Please be sure to turn off valves for sprinkler systems for other equipment when doing this test. For homes where the meter is located at the foundation of the home, the water company can usually be called upon to test for a leak in the line.

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Is there a time frame for leaks?
For yard lines, the leak must occur within ten years from the date of installation of this product. All claims must be filed for by the eleventh year of installation. (i.e. for a home built August 1992, there must be a documented leak by August 2002 and that leak must be filed for by August 2003)
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Do I have the option of using my own plumber to replace my yard line?

Yes, you can use your own contractor for line replacement but your reimbursement may be limited. As the owner of property, you have the absolute right to use any plumber you wish. However; The Terms of Settlement, in keeping with established legal practice, provide that reimbursement shall be based on Reasonable and Necessary expenses incurred because of work done in the Usual and Customary manner. As a Homeowner, you should check with the CPRC to see what the Prevailing Costs are for yard service line replacements in your area prior to starting the project. Otherwise, you may not receive 100% reimbursement of your expenses. Finally, Homeowners who use their own plumbers will be responsible for making all arrangements. The property may be inspected prior to payment being made.
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If the yard service line replacement is performed by an approved CPRC contractor, will there be a warranty on the work performed?
As required by the Scope of Work, the contractor shall provide the homeowner a written one-year warranty commencing upon completion of the work.
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What is the PB yard service line going to be replaced with?
The yard service line will be replaced with the product required per the local plumbing codes. The plumbing system will be replaced with a code approved material.
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What if I have already replaced my yard line and want to file for reimbursement?
If the yard line has been replaced, you can call the CPRC for a claim package and file for reimbursement. Please note that reimbursements are based on reasonable and necessary charges for this same work in your area.

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If I purchase a property am I able to claim previous leaks that have occurred at the property prior to my ownership?
For a Class Member to receive relief as an Eligible Claimant, the Qualifying Leak(s) or Qualifying Yard Service Leak(s) must occur in the yard service line during the Claimant’s ownership of that Unit.
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How long does the claim process take for a Yard Service claim?

The claims package takes approximately 21 days to reach you when filing for reimbursement on a yard line replacement. Once returned to CPRC with all the requested documentation, process of reimbursement generally takes 30 to 45 days.
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What documents are needed for proof of installation?
Documents that may be considered as verification of the installation date of the PB yard service line include: Final Plumbing Inspection; Final Building Inspection; Original Meter Installation Date; Receipt for PB installation; Initial Certificate of Occupancy; Initial Warranty Deed; or the Original owner settlement statement.
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What is eligible under the suit for recovery?
All claims are reviewed on an individual basis. Normal recovery would be based on document receipts for replacements, repairs, temporary lines, damage to personal property caused by the water and insurance deductibles if property damages were filed with your homeowners insurance.
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What about my landscaping and the water bills?
All claims are reviewed on an individual basis. Water bills, landscaping, copper upgrades (unless code required), hotel stays, lost wages and medical bills are not considered for reimbursement under the Settlement.

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What if I have not had any leaks in my line? Can I still get it replaced?
No. There are no preventative measures covered under the Settlement which states that the yard service line must have a documented leak in the product in order to receive recovery.
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The main line has not experienced any leaks. Should I file a claim with the CPRC in case a leak(s) occur in the future?

No, it is not necessary to contact the CPRC unless the main yard service line has experienced a polybutylene leak(s).
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What is an Ombudsman?
Webster’s dictionary defines “ombudsman” as follows:

1. A government official appointed to receive and investigate complaints made by individuals against abusive or capricious acts of public officials.

2. One who investigates reported complaints, reports findings, and helps to achieve equitable settlements

The position of Ombudsman was created by the Settlement to assure the proper administration of the benefits provided by the Cox vs. Shell Oil Settlement and establish a means of redress to homeowners when disputes arise.
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Is the Ombudsman an employee of the CPRC?
No. The Office of the Ombudsman is outside of the CPRC company organization. The Ombudsman is responsible to the Court through the Board of Directors.

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Does the Ombudsman represent me as my advocate?
The Ombudsman was appointed by the Court to represent all members of the Class, but does not act as an advocate for individual claimants. He is ultimately responsible to the Court.
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Shouldn’t a product recall be available as long as the product is installed?

It is important to understand that Cox is neither a warranty situation nor a recall. This is a settlement of litigation. The Settlement authorizes those eligible Class Members who have had problems within the defined parameters to file a claim against the Settlement Fund provided the claim is filed within the established timeframe’s. This class action involves raw material for plumbing systems. Builders and manufacturers of mobile homes are not involved in the litigation. Unlike automobiles, guns, electrical appliances and similar registered property that may be traced to owners, plumbing systems are not traceable. It is impossible to determine where the raw material produced by the Cox defendants eventually wound up.
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Why was my claim denied when my leak was only a short time outside of the Eligibility Period?
Under no circumstances may an Eligibility Period be extended. Review the following table.

DWELLING AND POLYBUTYLENE PLUMBING SYSTEM FITTING TYPE:	ELIGIBILITY PERIOD Leaks must occur within:	FILING DEADLINE Claim must be filed within:
Mobile Homes – Any combination of Insert Fittings	10 years of installation	11 years of installation
Yard Service Line – Any type of fittings	10 years of installation	11 years of installation
Homes – Plastic Insert Fittings	13 years of installation	14 years of installation
Homes – Metal or Mixed (both Plastic & Metal ) Insert Fittings	16 years of installation	17 years of installation
Commercial Buildings – Plastic, Metal or Mixed Insert Fittings	13 years of installation	14 years of installation

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My home sat vacant and the plumbing system was not used during that time. Why was my Eligibility Period not extended for this?
The Eligibility Period starts upon installation even if the system is never used. The Installation Date is the date the plumbing was installed in the home by builder/manufacturer. It is not the date the property was purchased or was first occupied.
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Who supervises the CPRC?
The CPRC handles claims and manages the Settlement Fund for and under the continuing supervision of the Court. The Court retains exclusive and continuing jurisdiction of the Action, all Parties, Settlement Class Members, and Released Manufacturers to interpret and enforce the terms, conditions and obligations of the Agreement.
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Why does the CPRC insist that I have a mobile home? I believe my home to be a modular home; it is mounted on a foundation and has no wheels beneath it.
The Cox Settlement uses the terms “mobile home” and “modular home” to distinguish between two types of manufactured homes. There is often confusion as to whether a home is a mobile or modular unit. That is understandable, since the difference is minimal on the surface, especially after a home is permanently located on a site. Adding to the confusion is the fact that the term “Manufactured Home” includes both Mobile and Modular units. Today, many modular homes are built in mobile home plants with similar characteristics as the HUD-coded mobile home. The difference is in the building code under which it was built and has nothing to do with how it is installed on a site or if it is on wheels or if the axles have been removed, or if the towing bars have been removed. Whether it is taxed as real property or is registered as a vehicle and has tags affixed is irrelevant. A railroad caboose without wheels and set on a foundation is still a caboose. Mobile homes are built under Federal Manufactured Home Construction and Safety Standards (Title 6). This is administered by the U.S. Department of Housing and Urban Development (HUD) through a network of state agencies. This became effective June 15, 1976. The Federal code superseded all local and state building codes. Modular homes are built to a “Specification Code” administered by each state, generally following the national Uniform Building Code (UBC). It is a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a label that is constructed in compliance with a state code. Most states have adopted statewide factory housing laws that supersede local building codes.

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What problems are associated with Kitec fittings?
The Kitec plumbing system is for residential use and has been widely used throughout Clark County. The Kitec plumbing system consists of plastic-coated aluminum pipes and brass fittings. The brass fittings used to connect Kitec pipe are the subject of this lawsuit. This lawsuit alleges that Kitec brass fittings are defective because they dezincify. Dezincification is a process whereby zinc leaches from brass, which is an alloy of copper and zinc, thereby creating a white powdery buildup on the inside of the fitting and a weakening of the brass fitting. Dezincification can lead to, among other things, restricted water flow and an increased likelihood of the brass fitting leaking or breaking.
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How do I find out whether I have Kitec in my home?

A home plumbed with a Kitec plumbing system may have a yellow or neon sticker on the inside panel of its electrical box. However, before you check, please be sure that you have experience with the location and safe use of your home’s electrical panel box. The purpose of these stickers is to alert electricians regarding proper electrical grounding procedures for nonmetallic plumbing. Often, homes with Kitec plumbing will have stickers that say “Kitec” or “Plumbetter.” Thus, if you find such as sticker in your electrical panel box, it is likely that your home contains Kitec brass fittings.

However, please be aware that stickers were sometimes used indiscriminately to warn of nonmetallic plumbing systems other than Kitec. It is therefore possible that your home does not contain Kitec plumbing even if you find a yellow sticker in the electrical panel box. Similarly, many homes that contain Kitec plumbing do not have stickers in their electrical panel boxes. Thus, if your electrical panel box does not reveal a sticker indicating that Kitec was installed in your home, you may need to have your home inspected to determine whether it was plumbed with Kitec. In order to have a definitive Kitec verification, drywall penetrations must be made.
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If my home has Kitec fittings, what are my repair options?
The only adequate repair method is a complete re-plumb of both the hot and cold water lines of your home. Generally, a full re-plumb takes approximately five (5) to seven (7) business days for most homes to be completed and does not require relocation.

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What do I do if I have a leak?
Treat it as you would any other leak, including taking steps to minimize any damage and contacting your homeowner’s insurance carrier. If a leak occurs, Turn off the main shut off valve to the home. If you do not know where your main shut off valve is located then immediately notify your plumber to stop the leak and to minimize any damage to your home. If a repair is required, keep all receipts and documentation of the repair. Please make sure to keep any Kitec fittings or pipe that must be removed to carry out the repair. Thereafter, please notify Class Counsel so that we can also keep a record of your leak and repair.
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What is the KITEC Fitting class action?

This class action involves homeowners in Clark County who have Kitec fittings in their homes. Class Counsel’s goal is to enable these homeowners to repair their homes with no out-of-pocket expenses. You do not need to do anything to be a member of the class action.
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As a member of the class, am I responsible for attorney’s fees and costs?
In a class action, attorney’s fees and costs must be approved as fair and reasonable by the Court, subject to both notice and comment to all class members. Therefore, Class Counsel will not receive their attorney’s fees or their costs in this litigation unless a Court first approves them as fair and reasonable.

Class Counsel are also pursuing claims under Chapter 40 of the Nevada Revised Statutes against certain builders of homes with Kitec® Fittings. Chapter 40 is Nevada’s law regarding construction defects. Under Chapter 40, attorney’s fees for construction defects do not come out of the repair money paid to the homeowners by builders. Therefore, if Class Counsel is successful in obtaining repairs for class members through Chapter 40, their attorney’s fees will be paid directly by the builder that carries out the repair.

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Does this class action involve claims for personal injury?
This class action lawsuit does not involve claims for personal injury. If you have any reason to believe that you have suffered any adverse health effects because of Kitec Fittings, you should contact a health professional.

The class action concerns brass plumbing fittings (Kitec Fittings) that have been used within homes in Clark County, Nevada. Kitec Fittings are used to connect composite pipe manufactured by IPEX, Inc., a Canadian company.

IPEX’s composite pipe, which is known as Kitec, consists of flexible aluminum pipe sandwiched between an inner and outer layer of plastic pipe (PEX Pipe). Kitec generally comes in two colors: blue (for cold water use) and orange (for hot water use). Kitec Fittings were used extensively in the construction of residential homes throughout Clark County, Nevada. It is estimated that between thirty-five and fifty thousand (35,000-50,000) homes may contain Kitec fittings within Clark County, Nevada.

This lawsuit was filed on February 15, 2006, was certified as a class action on October 16, 2006, and is currently captioned “IN RE KITEC FITTING LITIGATION.” The case number assigned to it is A493302. This class action alleges that Kitec Fittings fail when they are exposed to water because of a chemical reaction known as dezincification, which results in reduced water flow and leaks. De zincified Kitec Fittings therefore cause damage not only when they burst and leak, but also impair the ability of a home’s plumbing system to effectively provide water to appliances and fixtures.
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