Class-action Lawsuit Filed in Bernalillo County, New Mexico

A class-action lawsuit was filed in Bernalillo County District Court in New Mexico on March 14, 2007, seeking damages on behalf of an unknown number of homeowners who purchased homes built with brass plumbing fittings (Kitec® Fittings) manufactured by a IPEX, USA, the American unit of a Canadian company.

The fittings were used to connect sections of IPEX's composite pipe -- flexible aluminum pipe sandwiched between an inner and outer layer of plastic pipe (PEX Pipe®). This combination was used to create a pipe more flexible than conventional copper pipe. PEX Pipe® generally comes in two colors: blue (for cold water use) and orange (for hot water use).

Understand Your Rights

When the Kitec® Fittings/PEX Pipe® system was introduced, it was seen as a breakthrough because of its lower cost and its speed of installation. In addition to water-supply lines for household drinking and tap water, Kitec® Fittings also were used in installation of in-floor hot-water heating systems.

The period covered by the Bernalillo County class-action litigation is 1996 through 2005. During this period, Bernalillo County experienced significant growth in home construction. Some estimates place the number of affected homes as high as 30,000.

It is known that the defective fittings were installed by Big M Plumbing in homes built by Charter Homes. Attorneys for the plaintiffs are investigating what other builders and plumbing companies, if any, used the defective fittings in our area during this period.

How it May Affect You

The pictures on this page depict corroded Kitec®  Fittings. If you have reason to suspect that your home contains the defective fittings, you should fill out the form on this site and contact us.

Investigation by the plaintiffs’ attorneys continues into how widespread the use of the defective fittings in our area was from 1996 to 2005. Attorneys for the plaintiffs seek to identify all homebuilders, plumbing companies involved and all housing subdivisions affected.

It is believed that the fittings were installed in higher-end housing subdivisions throughout the Albuquerque area, plus some high-end custom homes. Investigation by the attorneys to identify those subdivisions and custom homes continues.

The lawsuit seeks to make whole homeowners who suffered damage or will suffer damage from installation of the defective fittings, including, but not limited to, repair and replacement costs and attorneys’ fees.