NIBCO PEX Pipes, Fittings, and Clamps Premature Failure New York Class Action

NIBCO, Inc. makes PEX tubing and fittings that it claims should serve for ten to twenty-five years. But the complaint for this class action alleges that they fail much sooner than that, due to defects in the products. 

The class for this action is all individuals and entities who own structures in New York in which PEX products made or sold by NIBCO were or are installed.

The NIBCO products in this case include PEX plumbing tubes, bronze, brass, and polyphenylsulfone fittings to connect the tubes, and stainless steel, copper, and polybutylene crimps and claimps to join the tubes and fittings. 

PEX is an acronym for cross-linked polyethylene, with the PE standing for polyethylene and the X for the cross-linked chemical bonding. NIBCO’s catalog materials say, “The long, simple chains in a polyethylene molecule are altered to form a more stable, three-dimensional network.” 

The company claims its materials are superior: “Many manufacturers use a chemical additive to active the crosslinking process, but NIBCO employs a sterile, electron beam process that provides superior properties. This process … delivers the highest quality PEX tubing available today, while reducing the use of chemicals.” 

NIBCO claims its PEX tubing is chlorine-resistant and corrosion-resistant. Its warranty covers ten years if PEX tubing is used with non-NIBCO products, but the warranty is twenty-five years if the entire installation is made up of NIBCO products, including fittings, valves, and accessories.

Plaintiff Cesare Puleo owns a two-story, single-family home, built in 2012 or 2013, which includes NIBCO PEX tubing and the associated fittings and clamps.

On January 4, 2018, the PEX tubing in Puleo’s basement ceiling broke, causing several inches of water to accumulate and doing more than $30,000 worth of damage. According to the complaint, the pipes “suffered from an ‘oxidative’ attack from chlorinated water as a result of NIBCO’s non-uniform mixing of antioxidants into the walls of the tubes, which caused the tubes to become brittle and break…”

The complaint claims that NIBCO’s PEX tubing may fail prematurely due to oxidative degradation, that the fittings may fail prematurely due to dezincification corrosion, and that the clamps may fail prematurely due to chloride-induced stress corrosion cracking. 

The complaint says that NIBCO knew or should have known that its tubes, fittings, and clamps were vulnerable to premature failure. It alleges fraudulent concealment, breach of warranties, and negligence, among other things. 

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

NIBCO PEX Pipes, Fittings, and Clamps Premature Failure New York Complaint

October 4, 2018

NIBCO, Inc. makes PEX tubing and fittings that it claims should serve for ten to twenty-five years. But the complaint for this class action alleges that they fail much sooner than that, due to defects in the products. 

nibco_pex_piping_complaint.pdf

Case Event History

NIBCO PEX Pipes, Fittings, and Clamps Premature Failure New York Complaint

October 4, 2018

NIBCO, Inc. makes PEX tubing and fittings that it claims should serve for ten to twenty-five years. But the complaint for this class action alleges that they fail much sooner than that, due to defects in the products. 

nibco_pex_piping_complaint.pdf
Tags: Deceptive Advertising, Defective Product, Piping and Tubing, Plumbing Defects