PEX-A piping discolored & a scared client!

Specific Inspection Topics Plumbing Inspections
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I have an inspection client that is looking at purchasing a new home. Her children are currently re-piping their home due to pin holes in the PEX piping. Because of that, my client is now very paranoid and wants me to pay special attention to the same type of water supply piping in the home she would like to purchase. I am attaching photographs of the PEX piping currently in this home being inspected. Piping is PEX-A mfg. by Uponor. The discolored piping is only on the hot water side and the hot water system in the home is also on a recirculating pump.

Because of this issue, we now have a nervous seller and a nervous buyer. How should I handle this and should it be a concern at all?[quote=“Thad Brollier, post:1, topic:254197, full:true, username:tbrollier1”]
I have an inspection client that is looking at purchasing a new home. Her children are currently re-piping their home due to pin holes in the PEX piping. Because of that, my client is now very paranoid and wants me to pay special attention to the same type of water supply piping in the home she would like to purchase. I am attaching photographs of the pecks piping currently in this home being inspected.Piping is PEX-A mfg. by Uponor. The discolored piping is only on the hot water side and the hot water system in the home is also on a recirculating pump.

Because of this issue, we now have a nervous seller and a nervous buyer. How should I handle this and should it be a concern at all?
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PEX… the new Poly. Discolored PEX is one of the common symptoms present in failed installations. Sounds like you already know this. I include warnings about it when ever I find it (almost everyday).

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That is interesting and not regularly circulated on this MB. Do you have some research to share?

Be sure to manage expectations. Your inspection cannot predict future events. Defective materials or recalls are outside the scope of your inspection. If the client has elevated concerns, she may consider hiring a qualified plumbing contractor for a more exhaustive type of inspection. I would be very careful not to lean into this and would only report on the condition of the material on the day of the inspection (leaking, loose, improper install, etc.)

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What was the licensed plumber’s opinion about it when you asked them?

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I’ve seen engineer reports about international entities that have massive failed PEX issues. The issue was still in litigation at the time and i was asked not to share specifics.

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Thank you.

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I appreciate your wisdom and perspective. Just what I needed to hear.

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how about now? is the litigation over and can you share that information now, or at least the docket number and place of filing so we can look it up?

edit: i found one article about a class action in co agains uponor, a pex manufacturer. there are lots of them, hard to pick which one to look at without at least having a country or manufacturer listed.

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9

As with most building products. PEX may very well be the new PB but I cannot take that to my client or inspection report yet.

Here is an example, most of us agree James Hardie is a pretty good product, but are we to set the world afire based on this information?

Several class action lawsuits have been filed against James Hardie, alleging issues with their fiber cement siding and cladding, including premature failure, cracking, and moisture damage, as well as misleading advertising. [1, 2, 3, 4, 5, 6]

Here’s a breakdown of the key points: [1, 2, 5, 6]

  • Allegations: [1, 2, 5, 6]
    • Defective Products: Homeowners claim James Hardie sold fiber cement siding (like HardiePlank) and cladding (like Harditex) that were defectively designed and manufactured, leading to premature failure and moisture damage. [1, 2, 5, 6]
    • Misleading Advertising: Plaintiffs allege that James Hardie falsely advertised the quality and lifespan of its siding, claiming a 50-year warranty while the product’s actual lifespan is shorter. [1, 2, 5]
    • Moisture Problems: Common issues include cracking, flaking, discoloration, warping, and in some cases, siding falling off, allowing moisture to damage underlying structures. [1, 2, 5]
    • Shareholder Class Action: There have been class actions brought on behalf of shareholders against James Hardie Industries plc (ASX: JHX, NYSE: JHX) in relation to the Company’s announcement to the ASX on 8 November 2022 that it was downgrading its guidance range for FY23 Adjusted Net Income. [4, 7]
  • Specific Products Involved: [1, 2, 8]
    • HardiePlank (Fiber Cement Siding): A common target of lawsuits due to alleged premature failure and moisture issues. [1, 2, 8]
    • Harditex (Fibre-Cement Cladding): Another product at the center of class actions, with claims of weathertightness issues and defective cladding. [2, 5, 6]
    • Hardieshake, Hardieslate, and Hardieshingle: James Hardie Building Products settled a class action lawsuit stemming from the premature delamination of roof shakes sold under these names. [3, 9]
  • Examples of Lawsuits: [2]
    • “Cridge” Proceeding: A class action against James Hardie regarding the Harditex cladding system, claiming it was an inherently defective product. [2]
    • “White” Case: Another class action involving Harditex cladding that settled midway through a trial. [2]
    • “Waitakere” Case: A claim by a commercial party that settled on confidential terms prior to the commencement of a trial. [2]
    • Shareholder Class Action: A class action brought on behalf of persons who acquired an interest in James Hardie Industries PLC (James Hardie) shares on the Australian Securities Exchange (ASX) or New York Stock Exchange (NYSE). [7]
  • Outcomes: [2, 5, 6]
    • Some class actions have been dismissed, with homeowners failing to prove their claims against James Hardie. [2, 5, 6]
    • Other cases have settled, with James Hardie agreeing to a program for affected homeowners to recoup the cost of roof replacement. [9]
    • James Hardie Industries Settled New Zealand Weathertightness Case [10]
  • James Hardie’s Response: [11]
    • James Hardie has stated that it will defend proceedings brought by a group in Australia’s Supreme Court, alleging that the company breached some disclosure obligations on statements it made about its performance outlook last year. [11]
    • James Hardie has stated that it believes that the allegations lack merit and that it behaved as a responsible manufacturer. [10]

Generative AI is experimental.

[1] James Hardie Siding Problems | Hardiboard Class Action Lawsuit

[2] Simpson Grierson - Building owners’ class action against James Hardie dismissed by Court of Appeal

[3] Class Action Lawsuit Against Hardieshake Roofs – Are You Affected? - Peak Roofing & Construction

[4] James Hardie (JHX) Shareholder Class Action — Echo Law

[5] https://www.simpsongrierson.com/insights-news/legal-updates/more-good-news-for-james-hardie-as-second-class-action-dismissed

[6] https://buildingdisputestribunal.co.nz/class-action-lawsuit-against-harditex-cladding-fails/

[7] James Hardie Shareholder Group Proceeding (Class Action) | The Supreme Court of Victoria

[8] In re Hardieplank Fiber Cement Siding Litig., Case No. 12-md-2359 | Casetext Search + Citator

[9] https://www.jlconline.com/business/sales-marketing/hardie-settles-suit

[10] James Hardie Industries Settles New Zealand Weathertightness Case :: James Hardie Industries plc (JHX)

[11] James Hardie sued over alleged disclosure obligations breach | Reuters

[-] James Hardie sued over alleged disclosure obligations breach | Reuters

[-] James Hardie (JHX) Shareholder Class Action — Echo Law

[-] James Hardie sued over alleged disclosure obligations breach — TradingView News

[-] James Hardie Shareholder Group Proceeding (Class Action) | The Supreme Court of Victoria

10

larry said he couldn’t get real time info on the internet so i may have to fire him and train my own ai model. without immersing myself in legal reading, aren’t most of the hardie lawsuits about installation? that’s what i’ve heard, that the product is pretty good but hard as hell to install correctly. only seen it once when building in fl, pain in the arse for sure to work with.

you don’t happen to have anything like that on pex do you? i am thinking of replacing my 70 year old copper with something and copper is expensive, but it’s easy to work with since you don’t sweat hjoints anyu more. i did get pretty good at that a few years ago though.

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11

Several class action lawsuits have been filed against manufacturers of PEX plumbing systems, including NIBCO, Zurn, and Uponor, alleging that their products are defective and prone to premature failure, leading to water damage and costly repairs. [1, 2, 3, 4, 5, 6]

Here’s a more detailed breakdown: [1, 2, 3, 4, 5, 6]

Key Issues and Allegations: [1, 2, 3, 4, 5, 6]

  • Premature Failure: Plaintiffs allege that PEX tubing, fittings, and clamps used in residential and commercial plumbing systems are prone to leaks and failures, causing water damage. [1, 2, 3, 4, 5, 6]
  • Defective Design and Manufacturing: Some lawsuits claim that the design, materials, and manufacturing processes used by certain manufacturers lead to these failures. [4, 5, 6]
  • Specific Products: [1, 4, 7]
    • NIBCO: Class action lawsuits have been filed against NIBCO, alleging that its PEX tubing, fittings, and clamps (including NIBCO NEXT-Pure Tubing, NIBCO DURA-PEX Tubing, and NIBCO F1807 fittings) are defective. [1, 4, 7]
    • Zurn: Lawsuits against Zurn allege that its PEX plumbing systems, particularly the plastic crimp fittings, are prone to failure and that Zurn did not adequately test the fittings before their release into the marketplace. [6, 8]
    • Uponor: Some lawsuits allege that Uponor’s blue and red-colored cross-linked polyethylene tubing (PEX) is defective and prone to premature degradation and failure. [3, 5]
  • Settlements: Some of these lawsuits have resulted in class action settlements, such as the $43.5 million settlement related to NIBCO PEX products. [1, 4, 9, 10]
  • Class Action Lawsuits: [1, 4]
    • NIBCO: The NIBCO PEX class action lawsuit involved NIBCO’s PEX tubing, fittings, and clamps, and the plaintiffs alleged that the products are defective and prone to failure, leading to water damage. [1, 4, 11]
    • Zurn: A class action lawsuit was filed by owners of a New Jersey apartment complex, claiming extensive damage from Zurn’s plumbing systems. [6]
    • Uponor: A proposed class action lawsuit alleges that blue- and red-colored cross-linked polyethylene tubing (PEX) made by Uponor is defective and prone to premature degradation, deterioration and failure. [3]

If you suspect you have a PEX plumbing problem and may be eligible for a claim, here are some resources: [10, 12]

  • NIBCO PEX Tubing Settlement: You can find information about the NIBCO PEX settlement and how to file a claim on the PexSystemSettlement.com website. [10, 12]
  • ClassAction.org: ClassAction.org provides information and resources about PEX plumbing lawsuits. [2]
  • Sauder Schelkopf: Sauder Schelkopf investigates PEX plumbing failures and represents plaintiffs in class action lawsuits. [5, 9]
  • Berger Montague: Berger Montague served as co-lead counsel in the NIBCO PEX class action lawsuit. [4]
  • Nibcolawsuit.com: nibcolawsuit.com provides information about the NIBCO lawsuit. [13]
  • Alabama Texas PEX Settlement: Alabama Texas PEX Settlement provides information about a class action settlement related to NIBCO PEX products in Alabama and Texas. [14]
  • Bow PEX Settlement: Bow PEX Settlement provides information about a class action settlement related to Bow PEX products. [15]

Generative AI is experimental.

[1] https://sagewater.com/news/nibco-pex-lawsuit-class-action-settlement/

[2] https://www.classaction.org/pex-plumbing-lawsuit

[3] ‘Discontinued’ Red, Blue Uponor PEX Piping Plagued by Cracking Defect, Class Action Alleges

[4] NIBCO PEX Tubing Litigation | Consumer Protection Law Firm

[5] Uponor PEX Plumbing Product Class Action Lawsuit Investigation | Sauder Schelkopf

[6] Zurn Pex Lawsuit | Plumbing Problems, Failure

[7] https://www.classaction.org/blog/how-to-file-a-claim-for-the-nibco-pex-tubing-settlement

[8] https://topclassactions.com/lawsuit-settlements/closed-settlements/zurn-pex-pipe-fittings-class-action-lawsuit-settlement/

[9] Zurn PEX Plumbing Product Class Action Lawsuit Investigation | Sauder Schelkopf

[10] https://www.pexsystemsettlement.com/

[11] Frequently Asked Questions | NIBCO

[12] https://bergermontague.com/news/43-5-million-class-action-settlement-announced-regarding-certain-nibco-pex-1006-tubing-f1807-fittings-and-stainless-steel-clamps/

[13] https://nibcolawsuit.com/

[14] https://www.alabamatexaspexsettlement.com/

[15] https://bowpexsettlement.com/

[-] ‘Discontinued’ Red, Blue Uponor PEX Piping Plagued by Cracking Defect, Class Action Alleges

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