Inderpreet Suri Shibley Righton LLP
Class Action Update
What To Do About Kitec Pipes What are Kitec Pipes and Why are they Problematic? From the mid-1990s until about 2007, Kitec pipes were installed in houses, low and high-rise residential buildings, and other structures in various places in the United States and Canada. The piping was marketed as a cost-effective alternative to copper piping that was also easier to install than copper piping. It was one of the “go-to” piping systems at that time and was widely used. Eventually, numerous homeowners started experiencing problems with the piping such as burst pipes which caused major flooding. Kitec pipes often fail at an accelerated rate because of two reasons. First, the pipes’ brass fittings have a high zinc content and are subject to premature failure due to a process called dezincification. Also, the layered polyethylene aluminum piping itself is also considered to be defective as it is subject to an increased risk of rupture over time (particularly when exposed to hot chlorinated water). As the Kitec pipes and fittings continue to deteriorate over time, they can burst and
DANGER?
cause a flood. Unlike copper pipes (whose leaks usually begin as a slow drip), the manner in which Kitec piping fails (bursting) usually causings extensive damage in a very short period of time. Although it is difficult to estimate the lifespan of Kitec pipes, Kitec pipes they can start to break down and fail approximately 8-10 years after they are installed. The failures increase in frequency after the 8-10 year mark. A class action lawsuit against the manufacturer and associated companies was commenced in 2007 and settled in 2011. Further details about the class action lawsuit are provided below. What to do about Kitec pipes in condominiums? Kitec pipes can be easy to spot. They are usually either bright orange or bright blue in colour and are used to carry domestic water to taps and other fixtures within a condominium unit. Condominium boards and managers
should retain an engineering company to review their building’s domestic water system in order to determine whether Kitec pipes and fittings have been installed in the building. If Kitec pipes were installed in the building, the condominium should work with the engineering company and a reputable contractor to replace the Kitec pipes and fittings throughout the building as soon as practicable. The engineering company can help guide the condominium as to a suitable replacement for the Kitec pipes. A city permit will also likely be required for this replacement work, which the engineering company and contractor can also assist with. Depending on the condominium and the maintenance/repair obligations in the condominium’s Declaration, the condominium can direct the unit owners to carry out the work on their own using their own qualified contractor. Alternatively, the condominium can replace all of the units’ Kitec pipes using its own contracCONDOVOICE SUMMER 2022
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