According to the lawsuit, NIBCO PEX tubing suffers from oxidization. Oxidization is when oxygen affects the quality of a material, such as metal or plastic. This can occur if the material was not treated properly or has a flawed design. PEX tubing oxidization can lead to cracks and ruptures, which causes water leaks. The water also damages NIBCO’s component parts, such as their fittings and clamps.
People who suffered property damage from NIBCO PEX tubing reported cracking and leaking, water saturation, property damage to wall, ceilings, and carpets, and the need to repair and replace the PEX tubing and components.
On October 26, 2018, NIBCO and Plaintiffs reached a settlement at $43.5 million.
All Persons that own or have owned at any time since January 1, 2005, a residential or commercial structure in the United States that contains or contained NIBCO’s Tubing, Fittings, or Clamps, including their spouses, joint owners, heirs, executors, administrators, mortgagees, tenants, creditors, lenders, predecessors, successors, trusts and trustees, and assigns (“Occupant Persons”); as well as all Persons who have standing and are entitled to assert a claim on behalf of any such Occupant Persons, such as but not limited to a builder, contractor, distributor, seller, subrogated insurance carrier, or other Person who has claims for contribution, indemnity or otherwise against NIBCO based on claims for Qualifying Leaks of the Tubing, Fittings, or Clamps with respect to such residential or commercial structures. The Settlement Class includes all Persons who subsequently purchase or otherwise obtain an interest in a property covered by this Settlement without the need of a formal assignment by contract or court order.
Excluded from the Settlement Class are Occupant Persons with respect to residential structures constructed by D.R. Horton, Inc.-Birmingham (including, but not limited to, those for which the plumbing contracting was performed by or on behalf of Dupree Plumbing Co. Inc.) and which are located in the following cities in Alabama: Bella Vista; Bessemer; Birmingham; Calera; Chelsea; Cottondale; Hoover; Kimberly; Leeds; Maylene; McCalla; Montgomery; Northport; Odenville; Pinson; Pratville; Springville; Trussville; and Tuscaloosa. Also excluded from the Settlement Class are Occupant Persons with respect to residential structures constructed by Continental Homes of Texas, L.P. (including, but not limited to, those for which the plumbing contracting was performed by or on behalf of Christianson Air Conditioning and Plumbing, LLC) and which are located in the following cities in Texas: Boerne; Cibolo; Converse; Live Oak; Medina County; New Braunfels; Royse City; San Antonio; San Marcos; Schertz; Sequin; and Universal City. A list of such residential structures in Alabama and Texas covered by this exclusion will be provided to the Settlement Administrator and made available on the Settlement Website. Also excluded from the Settlement Class are D.R. Horton, Inc.-Birmingham, Dupree Plumbing Co. Inc., Continental Homes of Texas, L.P., and Christianson Air Conditioning and Plumbing, LLC, solely with respect to the structures identified in that list.
Replumbing will be compensated at $600 for each plumbing fixture (sink, washing machine, etc.) and $300 for each half fixture (toilet, etc.). Compensation for replumbing is capped at $16,000.
Proof of Purchase
Depending on the nature of your specific claim, you may need to provide supporting materials.
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Settlement Insider is not a Settlement Administrator).
KIMBERLY COLE, et al, on behalf of themselves and all others similarly situated, Plaintiffs, vs. NIBCO, Inc, Case No. No. 13-cv-7871 (FLW)(TJB), in the U.S. District Court for the district of New Jersey.
Shanon J. Carson
Jacob M. Polakoff
Berger Montague PC
Joseph G. Sauder
Matthew D. Schelkopf
Joseph B. Kenney