Alabama Texas PEX Settlement

tube-fitting

A class-action lawsuit was filed against NIBCO for property damage of residential homes in Texas and Alabama containing certain fittings, tubing, or clamps that had leakage issues causing property damage. The settlement was agreed at $7.65 million and shall be distributed as per the following terms:

Eligibility For Making Claim: Eligible class in the NIBCO class-action lawsuit settlement comprises of the following:

  • Any person who currently owns or formerly owned since 1st January 2005, a residential building constructed by D.R. Horton, Inc.-Birmingham (comprising of but not limited to those whose plumbing contracting was undertaken by or on behalf of Dupree Plumbing Co. Inc.) in the Alabama cities like Bessemer, Bella Vista, Birmingham, Chelsea, Calera, Cottondale, Kimberly, Hoover, Maylene, Leeds, Montgomery, McCalla, Odenville, Northport, Prattville, Pinson, Springville, Tuscaloosa, and Trussville.
  • And/or any residential property constructed by Continental Homes of Texas L.P. (comprising of but not limited to those whose plumbing contracting was undertaken by or on behalf of Christianson Air Conditioning and Plumbing LLC) in the Texas cities like Cibolo, Boerne, Live Oak, Converse, New Braunfels, Medina County, San Antonio, Royse City, Schertz, San Marcos, Universal City, and Sequin which contained or currently contains NIBCO’s tubing, fittings, or clamps as specified in the settlement agreement in regards to both the group of persons mentioned above, their spouses, heirs, administrators, executors, tenants, mortgagees, lenders, creditors, successors, predecessors, joint owners, assigns (“Occupant Persons”), trusts and trustees. It is also applicable to anyone having standing and entitled to make a claim on behalf of Occupant Persons like a distributor, contractor, subrogated insurance carrier, seller, or any other person claiming for indemnity, contribution, or otherwise against NIBCO based on claims for qualifying leaks of fittings, tubing or clamps in such residential structures.
  • The class also brings such persons under its purview who subsequently obtained an interest or purchased a property covered by this settlement without the requirement of a formal assignment by a court order or contract.

You can find the complete list of eligible residential structures in Texas and Alabama on the NIBCO settlement website. Any person apart from the plaintiffs named in this case having pending litigation in any tribunal or court against NIBCO as of 22nd October 2020 asserting claims based on any of the products covered under this settlement are excluded from the Class members list. Various other exclusions are also applicable.

Proof Of Purchase: Leaked tubing, leaked clamp, leaked fitting, receipts, bills of sale, inspection report, builder or plumbing records, purchase orders, a report from the plumber, architect, engineer, or home inspector detecting fittings, tubing, and/or clamps in the property, photographs, correspondence identifying fittings, tubing, and/or clamps in the property, a letter from the plumber, builder or contractor stating under personal knowledge that the fittings, tubing and/or clamps were used in the property.

Potential Claim Amount: The payment of class members shall depend on the type of claim filed by them:

  • Past property damage claims are based upon qualifying leaks that took place between 1st January 2005 and the settlement’s effective date. Claimants shall have a maximum of 100 days to submit this type of claim following the effective date although the period might be extended by the settlement administrator on showing a viable cause. Eligible claimants falling under this category shall receive an upfront payment of 50% of the property damage as reasonably proven by them. There is also a chance of getting supplemental payment ranging up to 75%. The claimant must take adequate steps for either stopping or limiting the effects of the qualifying leaks.
  • Future property damage claims are based upon qualifying leaks that took place post the settlement’s effective date and before the completion of the claim period, i.e., 16th May 2025. The maximum date for submitting such claims is 100 days following the qualifying leak although this time might be extended by the administrator on showing good cause. Eligible claimants under this category shall receive 50% of the property damage reasonably proven by them followed by a potential supplemental payment ranging up to 75%. It is expected that the claimant had undertaken adequate steps for fully or partially repairing the qualifying leak’s effects.
  • Re-Plumb claims pertain to claimants who can prove that their residential property either experienced or shall experience multiple qualifying leaks before 16th May 2025. Each of these leaks must occur in such a way that future events can be mitigated by replumbing either all or part of the structure. Such claimants can demand compensation for complete re-plumbing of relevant tubing, fittings, and clamps of NIBCO PEX. The claims shall have to be submitted within 100 days of the qualifying leak although an extension in time might be allowed by the administrator on showing good cause. The class member’s payment is set at $722.50 per plumbing fixture in the residential structure. An initial payment of 50% of the Re-Plumb calculation shall be remitted to the eligible claimants. There is also the further potential of getting a supplemental payment ranging up to 75% of the re-Plumb computation. You can follow this link to check the schedule of qualifying fixtures and half-fixtures. This schedule will be used by the settlement administrator for determining the claimant’s Re-Plumb calculation. It shall also include a calculation for replacement of the main water service line @ $828.75 as and where applicable. Class members having eligibility for this type of claim can opt for a cash payment of $3000 compared to a re-plumb. But on going with this option, they will lose all rights of making any Future Property Damage Claims.

Case Summary: NIBCO is engaged in the manufacturing of various fittings, valves, and systems that are sold at retailers like Lowe’s, Mendards, and The Home Depot. Some of its fittings, tubing, or clamps used in the construction of various residential properties in Texas and Alabama faced quality issues arising out of leakage. This caused property damage and brought upon a $7.65 million property damage class-action lawsuit against the company.

Claim Form: https://www.alabamatexaspexsettlement.com/

Deadline for Submitting Claim: 05/16/2025

Final Hearing Date: 09/09/2021

Settlement Pool: $7.65 million

Important Note: MilesParker Group LLC shall be the preferred re-plump provider for Alabama homeowners whereas Repipe Specialists of Texas shall cater to the relevant Texas communities. Eligible claimants are required to follow an additional claim procedure as mentioned on the settlement website if they choose their state’s respective preferred provider. The final date for objection to or opting out of the settlement has already passed.

Case Name

  • Matson v. NIBCO Inc., Case No. 19-cv-01137-RBF-JKP in the U.S. District Court for the Western District of Texas San Antonio Division
  • Garrett. v. NIBCO Inc., Case No. 19-cv-01137-RDP in the U.S. District Court for the Northern District of Alabama Southern Division

Claims Administrator

Alabama Texas PEX Settlement
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
[email protected]
855-976-0649

Class Counsel

Austin Tighe
NIX PATTERSON LLP

Robert E. Linkin
MUNCK WILSON MANDALA LLP

J. David Rowe
DUBOIS, BRYANT 7 CAMPBELL LLP

Kirby Farris
FARRIS, RILEY, & PITT LLP

Defense Counsel

J. Gordon Cooney, Jr.
Franco A. Corrado
MORGAN, LEWIS & BOCKIUS LLP

Kevin Kuhlman
LATHROP GPM LLP