“YELLOW BRASS” CONSTRUCTION DEFECT DECISION SHINES LEGAL LIGHT ON LITTLE KNOWN PLUMBING PROBLEM


Posted April 2, 2013 by danielcarlsson

A recent decision of a Las Vegas jury in a construction defect case has shined a legal light on a little known condition called dezincification that weakens plumbing fittings, resulting in potentially thousands of dollars in repairs.

 
The recent decision of a Las Vegas jury trial in a construction defect case has shined legal light on a little known condition called dezincification that produces a powdery white corrosion that blocks plumbing fittings over time and weakens the fittings, resulting in potentially thousands of dollars in repairs in affected homes.

The Las Vegas jury decision awarded $584,000, virtually the full cost of repair, to the owners of 99 condominiums in a single Las Vegas development whose PEX-based plumbing systems were connected with so-called yellow brass fittings distributed by Vanguard-Viega, an international producer and distributor of plumbing systems and material. PEX tubing is manufactured from polyethylene plastic which has a three dimensional molecular bond that significantly improves a large number of tubing properties such as heat deformation, abrasion, chemical and stress crack resistance.

In addition to the damage award, the Las Vegas plaintiffs will be seeking more than $3.5 million in fees and costs as part of this pioneering construction defect case, bringing the total award to over $4 million.

Plaintiffs in the Las Vegas case were represented by the Las Vegas law firm of Kemp, Jones & Coulthard LLP. It is believed there are tens of thousands of homes in the southwest region including Arizona, California, Nevada, and New Mexico that may contain these suspect brass fittings, which were very popular with plumbers working as subcontractors to many of the nation’s largest homebuilders because of the low cost and ease of use.

A concentration of dezincification related plumbing problems has shown up in the Phoenix area where 909 homeowners have filed claims against Wirsbo -- now called Uponor North America –
the supplier of the suspect yellow brass plumbing fittings used in their homes.

Ken Kasdan, Senior Partner of the Kasdan Simonds Weber & Vaughan LLP law firm that is representing the Phoenix area homeowners, said the Las Vegas jury dollar decision is important legally since it is the first jury trial and decision in the U.S. to find fault with the widely used yellow brass fixtures.

“While it doesn’t set a legal precedent, the decision can be very important in terms of any future litigation revolving around the yellow brass fittings and the potential damage they can do to homes and unsuspecting homeowners,” Kasdan noted. He pointed out that his firm is representing homeowners with claims against five builders throughout nine Phoenix area developments.

According to product investigations, the defective yellow brass fittings fail when they are exposed to potable water because of a chemical reaction called dezincification that produces a powdery white corrosion that blocks the plumbing fittings over time and weakens the fittings.

Yellow brass fittings are especially susceptible to dezincification damage because the fittings have a high concentration of zinc in the brass formulation, and less copper. “Zinc is cheaper than copper and cuts the cost of plumbing, especially in new homes,” Kasdan said.

“Plumbing in a home with yellow brass fittings may be suffering silently from dezincification, which is akin to occlusion of coronary arteries,” Kasdan added. “We knew this was a huge construction defect problem. But now, thanks to the Las Vegas decision, we know that the failure of yellow brass fittings is a legal issue which can be litigated successfully in the courts.”
-- END ---
Share Facebook Twitter
Print Friendly and PDF DisclaimerReport Abuse
Contact Email [email protected]
Issued By Steve Weber
Website www.kasdansimonds.com
Phone 866-897-0970
Business Address 3200 N. Central Ave.
Phoenix, AZ 85012
Country United States
Categories Architecture , Legal , Real Estate
Tags brass , construction , defect , plumbing , yellow
Last Updated April 2, 2013