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This website has been established by Class Counsel to provide information to class members of the class action lawsuit involving brass KITEC® plumbing fittings ("Kitec® Fittings") that was certified by the Nevada District Court on October 16, 2006, which alleges that KITEC® Fittings are defective because they dezincify and fail when exposed to water.


This class action includes all owners of residences in Clark County, Nevada that contain, or at any time contained, a Kitec and/or PlumBetter piping system and/or components, although it is now believed this product was not used extensively in Clark County beyond 2004.

IMPORTANT CASE UPDATES

ADDITIONAL SETTLEMENT UPDATE: Class Counsel recently reached tentative settlements with numerous builders, including American Premiere Homes and Development and American Premiere, Inc.; Astoria Homes, LLC; Concordia Homes of Nevada, Inc.; The Developers of Nevada; Plaster Development Company, Inc. dba Signature Homes; Platis Construction, Inc.; RL Homes, LLC, RL Homes, JV, LLC, and RL Homes, LLC, a Nevada Limited Liability Company; SBA Development, Inc.; Highland Development Company dba Westmark Homes; and William Lyon Homes, Inc. (“Settling Builders”). These are partial settlements and will not provide enough money by themselves to re-plumb homes. These settlements must still be approved by the Court and by the Class, which will take several months. These settlements may be appealed by other defendants in the case, which may substantially delay Class Counsel’s ability to use these funds for repairs. If the Court approves these settlements, and after all appeals are resolved for each settlement, including the Ipex settlement (see below), the funds will be combined to help pay for the cost of re-plumbing the Settling Builders’ homes included in these subclasses. For more information regarding these settlements and how they may affect your rights, please read the Notice of Preliminary Approval of Settlement and Fairness Hearing (“Notice”) document for the particular subclass in which you are interested. For your convenience, the Notice documents are located in the Updates section of this website. If you have questions that cannot be answered by the Notice, you may contact our office at the telephone number provided below.

RICHMOND AMERICAN SUBCLASS B SETTLEMENT UPDATE: Class Counsel recently reached a tentative settlement with Richmond American Homes of Nevada, Inc. for a second subclass of homes. This is a partial settlement and will not provide enough money by itself to re-plumb homes. The settlement must still be approved by the Court and by the Class, which will take several months. The settlement may be appealed by other defendants in the case, which may substantially delay Class Counsel’s ability to use these funds for repairs. If the Court approves the settlement, and after all appeals are resolved for each settlement, including the Ipex settlement (see below), the funds will be combined to help pay for the cost of re-plumbing the Richmond Subclass B members’ homes. For more information regarding the settlement and how it may affect your rights, please read the Notice of Preliminary Approval of Settlement and Fairness Hearing (“Notice”) document for the particular subclass in which you are interested. For your convenience, the Notice documents are located in the Updates section of this website. If you have questions that cannot be answered by the Notice, you may contact our office at the telephone number provided below.

DEL WEBB SETTLEMENT UPDATE: Class Counsel recently reached a tentative settlement with Del Webb Communities, Inc. and Del Webb’s Coventry of Nevada, Inc. (“Del Webb”) with a total value to subclass members of approximately $27,600,000. This is a partial settlement and will not provide enough by itself to re-plumb homes. This settlement must still be approved by the Court and by the Class, which will take several months. The settlement may be appealed by other defendants in the case, which may substantially delay Class Counsel’s ability to use these funds for repairs. If the Court approves this Del Webb settlement and the Ipex settlement (see below), and after all appeals are resolved for each settlement, the funds will be combined to help pay for the cost of re-plumbing the Del Webb homes included in this subclass. For more information regarding this settlement and how it may affect your rights, please read the Notice of Preliminary Approval of Settlement and Fairness Hearing document in the Updates section of this website and/or contact our office at the telephone number provided below.

  • FAIRNESS HEARING UPDATE: After holding the final fairness hearing on April 3, 2009, the Court approved the settlement with Del Webb. However, this money will not be available for use by the class members until all appeals to the Del Webb settlement, if any, are resolved. Additionally, the settlement with Del Webb is a partial settlement and does not include enough money to begin re-plumbing homes without the Ipex settlement funds (see below). The Ipex settlement funds will not be available for use by the class members until all appeals are resolved.

IPEX SETTLEMENT UPDATE: Class Counsel recently reached a tentative settlement with the manufacturer of the Kitec brass fittings, Ipex, Inc. and IPEX USA, LLC, for $90,000,000. This settlement does not resolve the entire In Re Kitec Fitting Litigation case as claims remain against the home builders and the plumbers. Because this is a partial settlement, it will not be enough by itself to re-plumb homes. Therefore, litigation will continue against the home builders and plumbers that have not yet settled. This settlement must still be approved by the Court and by the Class, which will take several months. The settlement may be appealed by other defendants in the case, which may substantially delay Class Counsel’s ability to use these funds for repairs. For more information regarding this settlement and how it may affect your rights, please read the Notice of Preliminary Approval of Settlement and Fairness Hearing and the Fifth Notice of Class Action documents in the Updates section of this website and/or contact our office at the telephone number provided below.

  • FAIRNESS HEARING UPDATE: After much argument from both sides at the Fairness Hearing held on January 30, 2009, the Court ultimately approved the $90,000,000 settlement with the manufacturer (Ipex). However, this money will not be available for use by the class members until all appeals, if any, are resolved. Additionally, the settlement with the manufacturer is a partial settlement and does not include enough money to begin re-plumbing homes without acquiring additional funds. As described above, litigation will continue against the home builders and plumbers that have not yet settled in an attempt to obtain the additional funds necessary to re-plumb each class member’s home.

 


CONTACT CLASS COUNSEL:

KEMP, JONES & COULTHARD, LLP
Attn: J. Randall Jones, Esq.
William L. Coulthard, Esq.
P. Kyle Smith, Esq.
3800 Howard Hughes Parkway
Seventeenth Floor
Las Vegas, Nevada 89169
(702) 341-8585

LYNCH, HOPPER & SALZANO, LLP
Attn: Francis Lynch, Esq.
Charles Dee Hopper, Esq.
Sergio Salzano, Esq.
231 South Third Street, Suite 130
Las Vegas, Nevada 89101


For additional information on the Kitec class action, including whether you are a member of the class, please call Class Counsel at (702) 341-8585.