General

Defective pipes could lead to construction defect litigation

In a previous post we provided an overview on things that might fall under the definition of construction defect. In that post we mentioned that a variety of issues could fall under that definition. One of the things we mentioned that might constitute a construction defect is the use of defective products. In this post we will focus on one particular product that could pose a problem from property owners. That product is CPVC pipe.  Chlorinated polyvinyl chloride, commonly referred to as “CPVC,” is a thermoplastic used to produce pipes and related fittings. CPVC applications include water supply pipes, water-based heat transfer systems, and sprinkler systems and drain lines, in both commercial and residential buildings. Certain chemicals are incompatible with CPVC pipes which lead to environmental stress cracking. Spray foam insulation has an adverse chemical reaction with CPVC pipes. If this piping comes in contact with adverse chemicals such as spray foam insulation, you may have a construction defect claim against your builder/developer.

Homeowners are finding that the pipes do not stand up over time. More specifically, glue joints deteriorate and the pipe cracks and breaks, leading to leaks and possibly water damage. The manufacturer appears to be aware of the issue and recently reduced its warranty of the product from 25 years, to 10.

While property owners throughout the nation could face this issue, plumbers specifically indicate that conditions existing in the state of Florida–chlorine and heat–contribute to the product’s failure. Despite these issues, property owners indicate that insurance companies are forcing them to use CPVC pipes rather than PEX pipe which is less brittle and rigid.

The issues some property owners are facing with CPVC piping is just one example of a defective product. It is possible that those who experience property damage as a result of the product’s defect could take legal action. A successful lawsuit against the product manufacturer could result in financial compensation to those individuals. Lawsuits of this nature might deter businesses from selling products like this in the future as well.

Mon Aug 27, 2:28pm