"What Is Polybutylene Plumbing?"
- Polybutylene plumbing is
marketed under the brand names "Qest," "Thermoguard,' and "Flextemp."
- Polybutylene pipe is a
non-rigid, sometimes curved, usually gray, silver or black plastic pipe.
When used in the underground service from the water company to a structure
(a "Yard Service Line"), the pipe is blue, gray or black.
- Polybutylene In-House
Plumbing is a potable water supply system containing Polybutylene pipe and
either plastic, copper or brass insert fittings.
- Polybutylene pipe is not used
for drains, waste or vent piping.
- For purposes of class action
settlement claims, Polybutylene Plumbing may NOT include yard sprinkler
systems, irrigation systems, fire sprinkler systems, sewer lines, faucets or
fixtures. Although Polybutylene pipe may be used in some hydro-heating
systems, this may NOT be covered under any settlement as well.
Polybutylene Failure
There have been numerous reports of failure in this plumbing system. Expert
opinions regarding the failures include:
- Plastic fittings are stressed
and crack by pressure used to secure the fittings, leaving the material
vulnerable to attack by chlorine and other chemicals in the water supply.
- Brass fittings can increase
the rate of oxidation, making the pipe brittle and prone to cracking.
- The metal fittings and
plastic piping have different expansion rates, exerting pressure on the
connections, causing the pipes to sprout leaks, or rupture.
THE CLASS ACTION SUIT:
Cox vs. Shell Oil Co., et al.
There have been a number of lawsuits and settlements across the nation. Cox vs.
Shell, et al. is one of the largest and well known. The Cox Class Settlement was
approved by the Court on November 9, 1995, requiring Shell Oil to commit a
minimum of $950 million to a Settlement Fund. This Settlement allows homeowners
who had (or have) 1 qualifying leak within the appropriate time period to be
eligible to recover property damages, repair costs and a complete re-plumb of
the property at no cost. Keep in mind that this was a Settlement, and due to
strict guidelines, many do not qualify for recovery.
"Who’s Eligible For Recovery?"
Call 1-800-392-7591 to inquire on eligibility status. Claimant must meet ALL of
the following criteria:
- own or have previously owned
a dwelling or other unit plumbed with a Polybutylene system or a
Polybutylene Yard Service Line, or both.
- The Polybutylene Plumbing
System or Polybutylene Yard Service Line must have been installed between
1/1/78 and 7/31/95.
- The Polybutylene Plumbing
System or Polybutylene Yard Service Line must have at least one "Leak" as
defined in Cox vs. Shell Oil, et al..
"Won’t My Homeowners Insurance Cover This
Anyway?"
Not necessarily. In some cases, homeowners are finding that insurance companies
will either cancel their coverage when extensive damage is caused by
Polybutylene or refuse coverage to homes piped with Polybutylene. It is best to
check with you own insurance company in advance.
"We Love The House, How Can We Protect
Ourselves?"
BE INFORMED! Being informed on the subject and knowing what to expect is the
best protection. Having Polybutylene Plumbing in a home in no way means you
should not buy the home, or if you already own the home, does it mean panic.
Simply know what type of plumbing system your home has and make a plan for how
to handle the possibility of serious problems.
"What Are The Claim Deadlines?"
Mobile Homes:
Leaks must occur within 10 years of PB plumbing installation. And must be fixed
within 11 years of PB Plumbing Installation.
Yard Service Lines:
Leaks must occur within 10 years of PB Yard Service Line installation. And must
be fixed within 11 years of PB Yard Service Line Installation.
Homes with Acetal Fittings:
Leaks must occur within 13 years of PB plumbing installation. And must be fixed
within 14 years of PB Plumbing Installation.
Homes Units with Metal Fittings:
Leaks must occur within 16 years of PB plumbing installation or 1-31-2009, which
ever is earlier. And must be fixed within 17 years of PB Plumbing Installation
or 5-1-2009, whichever is earlier.
Apartment Buildings & Commercial or Public
Structures with Acetal or Metal Insert Fittings:
Leaks must occur within 13 years of PB plumbing installation. And must be fixed
within 14 years of PB Plumbing Installation.
"Who Do I Call?"
TAR cannot recommend any plumbers or home inspectors at this time. We do
recommend that you seek the advice of your Sales Managers and/or Firm Attorney.
Crawford & Company Insurance (1-800-876-9280) is
the Insurance company handling Cox vs. Shell settlement claims in the Tidewater
area. They may be able to recommend plumbers who have done this type of re-plumb
in our area.
To make a claim or gain additional information
on the Class Action Lawsuit you can call the Consumer Plumbing Recovery Center
at 1-800-392-7591. Or access their website at:
www.pbpipe.com
Spencer Class: 1-800-490-6997 This offers 10%
recovery on re-plumbing systems with plastic fittings only.
Additional Internet web sites with Polybutylene
information can be found here:
Polybutylene Pipe Links
This information is provided as a
member service. HRRA believes this information to be correct, but will not be
liable for any errors or omissions. Information was gathered from various
articles; the Consumer Plumbing Recovery Center; testimonials plumbers have
posted on websites across the country; and from the Cox v. Shell Oil, et al
Class Action Settlement document.
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