Is there a class action lawsuit against Kitec piping?

Discussion in 'Plumbing Forum, Professional & DIY Advice' started by ultimachi, Aug 26, 2006.

  1. ultimachi

    ultimachi New Member

    Messages:
    8
    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.
  2. Bob NH

    Bob NH In the Trades

    Messages:
    3,317
    Location:
    New Hampshire
    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.
  3. Last edited: Aug 26, 2006
  4. 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)
  5. Lakee911

    Lakee911 I&C Engineer (mostly WWTP)

    Messages:
    1,328
    Location:
    Columbus, OH
    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
  6. Mikey

    Mikey Aspiring Old Fart, EE, computer & networking geek

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    Location:
    Central Florida
    Hey, tell us what you really think.
  7. ultimachi

    ultimachi New Member

    Messages:
    8

    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.
  8. serge

    serge New Member

    Messages:
    12
    Location:
    Seattle
    ? "Kitec is bankrupt" ?

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

    Is this about polybutylene?

    Serge
  9. are you sure about Kitech??

    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......
  10. Cass

    Cass Plumber

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    5,980
    Location:
    Ohio
  11. ss3964spd

    ss3964spd New Member

    Messages:
    41
    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
  12. ultimachi

    ultimachi New Member

    Messages:
    8
    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.
  13. ultimachi

    ultimachi New Member

    Messages:
    8
  14. ultimachi

    ultimachi New Member

    Messages:
    8
  15. Cass

    Cass Plumber

    Messages:
    5,980
    Location:
    Ohio
    That does not look like a Mfg. defect.
  16. OldPete

    OldPete DIY Senior Member

    Messages:
    186
    Location:
    NJ
    Boy oh boy... ok. Base on those pics, what is it, exactly, that failed? Did a joint fail? Please be VERY specific.

    Pete
  17. that is Kitech

    theie is no class action lawsuit on this product.....

    I called my KITECH salesman and asked him about

    it myself......


    This should be a simple repair unless someone
    rigged up this Kitech with stainless steel clamps
    and did not use the proper connectors to install it...



    from your one pic it looks like they riggedup something with
    SS clamps tothat shower....and it blew




    Probably what you got are some lazy crooked plumbers that
    are trying to pull one over on you or your insurance company


    call your home warranty insurance company and try to
    find an honest one to come out...
    Last edited: Jan 15, 2009
  18. abikerboy

    abikerboy DIY Senior Member

    Messages:
    202
    Location:
    VA
    I have been helping out a plumber friend lately. Very interesting, and Im learning a lot as well. We have repaired some of this type of tube, but we dont use the hose clamps like in the picture. I would think that this is a big no no, and an accident in the waiting. We use a retaining ring (cant remember what he calls them) and a tool to clamp and crimp this ring. Very simple and secure if you do it right. I cant see why there would be any legal issue with this tube because we can get all of the rings and as much of the tubing that we want.
  19. OldPete

    OldPete DIY Senior Member

    Messages:
    186
    Location:
    NJ
    Yup. Basically, if you found this:

    http://i3.photobucket.com/albums/y77/ultimachi/House Disaster/P1010118.jpg

    in your home, with the stainless radiator clamps, and all, and YOU didn't do it, that is totally WRONG WRONG WRONG.

    The crimp method (pics above) are correct...

    I don't know about the pics that have the "indents" in them... that doesn't look right... anyway... sounds to me like you have more homework to do. :(

    Pete
  20. Cass

    Cass Plumber

    Messages:
    5,980
    Location:
    Ohio
    The close up of the piece of bad pipe looks like / similar to the holes in the hose clamp.
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