May 1998 Edition

Polybutylene Filing Deadlines

We are hearing conflicting stories about the deadlines for filing claims against the polybutylene piping Class Action Lawsuit.. Would you please help us?
For this information, we went directly to source and contacted the Consumer Plumbing Recovery Center. You may be an Eligible Claimant under the Settlement Agreement and entitled to compensation if you are a Class Member and you have one or more qualifying leaks.

PB

There are three different categories that are covered by the Class Action Lawsuit. The “Big Blue” polybutylene yard service line piping, the gray polybutylene interior piping with gray acetal (plastic) fittings and the gray polybutylene interior piping with copper fittings. Leaks occurring prior to 8/21/95 must be filed by 8/21/97. Leaks occurring 8/21/95 thru 8/21/97 must be filed by 11/21/97. Leaks occurring after 8/21/97 must meet the following requirements:
YARD SERVICE LINES
Leaks must occur in the “Big Blue” yard service line piping within 10 years of the original installation. Claims must be made within 11 years of the original installation.
POLYBUTYLENE  WITH ACETAL FITTINGS
  Leaks must occur in the polybutylene piping with the plastic fittings within 13 years of the original installation. Claims must be made within 14 years of the original installation.
POLYBUTYLENE  WITH COPPER FITTINGS
Leaks must occur in the polybutylene piping with the copper fittings within 16 years of the original installation. Claims must be made within 17 years of the original installation.
FINAL DEADLINE                       
All leaks must occur on or before January 31, 2009 and must be filed no later than May 1, 2009.                       

For additional information, contact the Consumer Plumbing Recovery Center at 500 North Central Expressway, Suite 400, Plano, Texas 75074, 1-800-876-4698 or checkout the Internet site at www.kinsella.com/polybutylene/index.htm.


EIFS Lawsuits-Round One Goes To Synthetic Stucco?

How are the lawsuits progressing on the synthetic stucco (EIFS) problems and are any of the Class Action Lawsuits settled?                       
The first legal assault on synthetic stucco suffered a defeat in Tacoma Washington, when a jury ruled that Sto Corporation was not responsible for damage to a home sided with its brand of synthetic stucco.                        
Synthetic stucco, or EIFS (exterior insulation finish system), is blamed for million of dollars in property damage in North Carolina, Georgia and elsewhere. Homeowners in North Carolina filed a state class-action lawsuit against 12 EIFS manufacturers. A separate federal class-action case was also filed in North Carolina and Georgia. No word yet on the outcome of the class-actions.

EIFS

The jury found that Sto “did not fail to supply a product which was reasonably safe as designed (and) that it did not fail to provide adequate warnings or instructions with the product”, according to Sto.                       
Richard Reyes, an attorney for Sto, said “most of the same issues that were tried in Tacoma have been raised in the North Carolina and Georgia lawsuits”.                       
“The jury found that EIFS was safe as designed and accompanied by adequate installation instructions,” Reyes said.  “There were considerable errors in flashing and other components of construction” of the Tacoma house that caused the damage, he said.                             
“I think all these cases boil down to something relatively simple: The jury can distinguish between cause and effect. They saw defects in construction and rationalized that those defects caused water to go into the wall. They understood the concept of a vapor barrier. If water breaches your vapor barrier, it can’t get out, whether the vapor barrier is EIFS or building paper or house wrap. The secret is not to let water behind the barrier, and the jury was able to distinguish that.”                       
Stephen Klamke, executive director of the EIFS Industry Members Association, said the verdict “validates the original contention that, properly installed with adequate supervision and good construction practices by all parties, EIFS works”.

 SOURCE:  Jerry Goldwasser & Fine Home Building Magazine


Sending Home Tips To Your Clients

We would like to send Home Tips to our clients on a monthly basis. Is this possible and what cost is involved?

Home Tips

We have a special issue each month just for that purpose. We removed our advertising on the rear of the flyer so you can add your own. We do require the rest of the flyer is left in tack and is not modified in any way. The cost is only $10.00 per issue.

If you have a question, change of address, comment, home tip or would like to send Home Tips to your clients, send your letter to Home Tips, Christian Building Inspectors, Inc., 3697 Habersham Lane, Duluth, Georgia 30096. You can E-Mail your questions to us at rodharrison@christianbuildinginspectors.com. We reserve the right to edit questions for length.


Quote Of The Month

“If you’ve made up your mind you

can do something,

you’re absolutely right.”

- Unknown


A Tip Of The Hat To:

Susan Miller

Harry Norman Realtors

4848 Ashford Dunwoody Road

Atlanta, Georgia

****Thank You****