http://www.nachi.org/forum/showthread.php?t=25344
Well on my phased construction inspection today I have QPEX (Zurn)
See attached thread link.
Feel free to comment on whats next. I have allready told the client about the calls action via email but in my report how do you think I should write it up?
So far the link ( www.zurnclassaction.com) and that there is Zurn fittings is in the home.
See pictures.
Thanks
Curt
Penny for your thoughts folks?
Try something like this;
The PEX system includes brass fittings that are alleged to be defective. The fittings are the subject of pending litigation in Federal Court due to documented failures. In the event that these fittings should fail, substantial water damage may occur to the residence. Consequently, we disclaim any further responsibility for evaluating the plumbing system and its components and strongly recommend that you seek a second opinion from a plumbing contractor who is familiar with this issue.
*More information can be obtained at *http://www.zurnclassaction.com/index.html](http://www.zurnclassaction.com/index.html)
As always Jeff your intelligence shows up…Thanks
Curt
Happy to help. . .
If anyone wants ZURNS responce to the builder let me know I will email it to you.
6MB file.
just PM me and I will send it.
Curt
Jeff, excellent verbage as usual. Thanks, I’ll be using it also.
Jeff, I just tried to give you a greenie and the system wouldn’t let me. Sorry.
“You must spread some Reputation around before giving it to jpope again.”
Because someone files suit against a company, we start calling the existance of the product in a home a defect (or potential defect)? I prefer to wait for a settlement or verdict before I start making an issue of it. To do otherwise seems unfair to the company.
To say nothing (IMHO) is a disservice to the client.
There are two key statements within the narrative I supplied;
1)* The PEX system includes brass fittings that are alleged to be defective.*
The claim has not been substantiated, therefore it is still only an allegation.
2)* we strongly recommend that you seek a second opinion from a plumbing contractor who is familiar with this issue.*
We are deferring to a specialist (not just a plumber, but one who is familiar with this specific issue), which is always the prudent recommendation when we uncover a defect or potential defect.
When the pending litigation has concluded, we can modify this narrative, or lose it altogether.
Zurn alleges that their product is not defective and will be seeking to prove that. Until then “the jury is out.”
What would we expect a plumber to say about this? I bet if I asked 100 of them what they knew about this issue, 100 would say “huh”? 50 would say “where’s Minnesota?”
Seriously, referring this to a plumber is a total joke at this point. All we have here are allegations. Do you expect a plumber to be on top of this? Industry researchers perhaps. Plumbers…not a chance.
On the other hand for me, I am charged with the contruction inspection on my pex post just before this one and IMHO I would be negligent and potentially liable if I was not to mention it at all before the walls are closed up and the cost to change the plumbing type, if the owner chooses, triples.
If you follow this thread you will find plumbers that do know there is a problem. http://www.nachi.org/forum/showthread.php?t=25344&referrerid=13115
I also (in the last month) have found 3 homes with leaks at the PEX crimps.
Joe,
I spoke with the law firm Friday and they will be filing class action suits in numerous states soon…it’s not just Minnesota.
Zurn was the old US BRASS…who is US BRASS…polybutylene…and at first it was also defended as aggressive water also.
Things that make you go Hummmmmmmmmm.
Curt
You could certainly choose to ignore this - which is to say, you don’t believe the allegations, or you know better than those who have made these claims - but why would you?
All we are doing is warning the consumer that there may be a problem with these fittings. Until this issue has been settled, I think this is a prudent response.
I think it would be unfair to call a defect if it were one person suing the company (ie your neighbor suing ACME company for some alleged problem). However, in a class-action there are many alleged occurrences of the same problem. Whether they are frivolous or not is not up to us to decide and as Jeff pointed out you would be remiss to make no mention of it to your client.
JMO
I make my clients aware that there is a class action suit in progress, and recommend that they research the suit and it’s particulars to their satisfaction.
I would hate to be on the stand two years from now because the Zurn fittings failed in a house I inspected after I became aware of the suit with the client’s lawyer asking me “why did you withhold information from the client that a class action suit was in progress”
Part of our job is the dissemination of information, especially information that we are aware of that the general public isn’t.
Can someone, anyone, tell me how many folks have joined this suit? I wasn’t able to determine anything from lawyers link given above. Is there any more information available except the lawyers link?
I just got off the phone with a representative from the law firm handling this case. While they did not give numbers, they did say that this problem has been occurring in several different states.
They are currently in the discovery process and there is no hearing date set. As additional information becomes available, I’m told, the site will be updated.
Thanks Jeff for trying to get some further information.
I have Zurn fittings in my home and don’t have a problem. Someone tell me how you determine who made a plumbing fitting? I’m holding a 1/2" Zurn 90 degree elbow in my hand right now and the name “Zurn” is nowhere to be found. I’m sure it’s coded somehow, but when I do an inspection, I don’t put my face inches from a fitting to try to determine who made it.
I guess I stand alone in not making an issue of it until Dewey, Cheatum, & Howe, LLC wins a settlement or judgement.
