FAQ







  • What is this class action lawsuit about? - Top

    The lawsuit claimed that the Defendants designed, marketed, and sold Plasco Plumb-PEX Plumbing Systems, containing ASTM standard F1807 brass insert fittings and stainless steel clamps that may leak and cause damage to property. The Defendants deny all of the claims in the lawsuit.


    The national Canadian Class Action was certified by the Honourable Justice Laing of the Saskatchewan Court of Queen’s Bench on February 27, 2012.  The case is known as Jeffrey Allen v. Uponor Ltd. (fka Uponor Canada Inc. and Uponor Canada Ltd.) and Uponor Inc. (successor to Uponor North America, Inc.), Q.B. No. 1247 of 2011. The person who sued is the Plaintiff, Jeffrey Allen and the companies  sued, Uponor Ltd. and Uponor, Inc., are called the Defendants.




  • What is a class action? - Top

    In a class action, one or more people, called Representative Plaintiffs, sue on behalf of all people who have similar claims. All these people are a Class or Class members. One court resolves the issues for all Class members, except for those who opt out of the class action.




  • Why is there a settlement? - Top

    The Court did not decide in favour of the Plaintiff, or Defendants. Instead, both sides agreed to a settlement. That way, they avoid the cost and uncertainty of a trial, and the people affected will get benefits. The Representative Plaintiff and his lawyers believe the settlement is best for all Class members.

    The settlement has been approved (on July 20, 2012) and will become effective on August 19, 2012.




  • How do I know if I am part of the class action settlement? - Top

    You are a Class member and part of this class action settlement if you own or owned a property in Canada containing a Plasco Plumb-PEX plumbing system with standard F1807 brass insert fittings. Owners of systems that have: (a) had a leak in one or more of the system’s components, or (b) a water flow differential of 50% between the hot and cold lines that supply one or more fixtures could get benefits.  Also included are people and entities that paid for damages or repairs caused by a leak resulting from a Plasco Plumb-PEX Plumbing System design or manufacturing defect.




  • How do I know if my structure contains a Plasco Plumb-PEX Plumbing System? - Top

    The systems were sold by Plasco and Uponor Ltd. using the trade name “Plumb-PEX”. Only systems containing ASTM standard F1807 brass insert fittings and stainless steel clamps are included in this settlement. These systems used flexible plastic pipe called “pex” pipe and brass fittings that are inserted into the pex tubing to form a connection. The brass fittings are secured by a tool that clamps stainless steel (stainless steel clamps) around the outside of the tubing, creating a seal between the pex tubing and the brass insert fittings. The picture below illustrates what the systems look like.

     



    The brass insert fittings and stainless steel clamps were stamped with the letters “P-pex” or “MB pex.” 



  • I’m still not sure if I am included. - Top

    If you are still not sure whether you are included, you can call 1-877-688-9314 to speak with someone and obtain more information. You can also complete and return a editable claim form to see if you qualify.

    Note: the claim form is editable.  You can fill out the relevant information directly on the PDF document, then print, sign and mail the completed claim form to the claims administrator.




  • What can I get from the settlement? - Top

    If you have experienced a qualifying leak in a Plasco Plumb-PEX plumbing system component, you can receive reimbursement for damaged property, the rapair or replacement of the plumbing product, and reasonable costs associated with the material and labour needed to bring the home/building/structure back to its original finish and quality.

     

    If a home or single-dwelling unit has had two or more qualifying leaks in a Plasco Plumb-PEX Plumbing System component, Defendants will pay to have a new plumbing system installed by a pre-selected contractor. For multi-unit buildings like apartments or hotels, Defendants will pay to have the Plasco Plumb-PEX Plumbing System replaced if the system has experienced qualifying leaks in 30% or more of the units.

     

    If a water flow test of the Plasco Plumb-PEX Plumbing System shows a differential in water flow of at least 50% between the hot and cold lines to the same fixture, Defendants will pay to have a pre-selected contractor repair and replace system components, starting with the components at the hot water heater, to restore normal water flow. If the partial replacement does not restore normal water flow, Defendants will pay a pre-selected contractor to repair or replace the entire system. For multi-unit buildings like apartments or hotels that have a 50% water flow differential in 30% or more of the units, Defendants will pay to have a pre-selected contractor perform a partial repair and replace system components, and if necessary, replace the entire system.

     

    Warranties provided for the Plasco Plumb-PEX Plumbing System will remain in place under this settlement. 




  • What if I already received a payment from Plasco or Uponor? - Top

    If you already received a payment from Plasco, Uponor or their insurance companies for property damage, leaks, or reduced water flow, you cannot get a second payment from this settlement unless you have experienced another leak or have a qualifying decrease of water flow in the system.




  • How can I apply for benefits from the settlement? - Top

    To request (a) a payment for past property damage or repairs, or (b) to have repairs performed on an Plasco Plumb-PEX Plumbing System, you must complete and submit a editable claim form. 

    The editable claim form is available here or by calling toll-free 1-877-688-9314.


    Note: the claim form is editable.  You can fill out the relevant information directly on the PDF document, then print, sign and mail the completed claim form to the claims administrator.




  • What is the deadline for applying for benefits from the settlement? - Top

    You must file a claim form on or before the claims filing deadline.  The claims filing deadline will vary based on when a problem occurred and when the warranty expires.  The earliest claims filing deadline is 18 months from the effective date of the settlement, August 19, 2012 (even if that time period is after the expiry of the warranty). Once known, the effective date will be posted on this website.  

     

    For Class members claiming for property damage or repairs which arise after the effective date, the claims filing deadline is the later of: (i) 18 months after the discovery of an eligible leak or flow differential at the subject property; or (ii) the balance of the applicable warranty.

     

    Class Members who installed the RTI Plumb-PEX Plumbing System before May 15, 1999 can only submit a claim form if their claim is not statute barred under the applicable limitations laws.




  • When will I get a payment for past property damage or repairs and when will requested repairs be performed? - Top

    Payments will be issued and repairs performed after the settlement becomes effective.  The settlement will become effective after it is approved by the Court and any appeals have been resolved.  On July 20, 2012, the settlement was approved.  The administrator will now begin processing claim forms.




  • What am I giving up in exchange for the settlement? - Top

    On July 20, 2012, the settlement was approved and will become final 30 days from the approval order (August 19, 2012). All of the Court’s orders apply to you and legally bind you. That means you are not able to sue, continue to sue, or be part of any other lawsuit against the Defendants for legal issues raised in this case. The specific rights you are giving up are called Released Claims. The Released Claims are described in detail in paragraphs 74 to 81 of the Settlement Agreement. Here is a copy of the Settlement Agreement.




  • How do I opt out of the settlement? - Top

    The deadline to opt out of the settlement was May 23, 2012.




  • Do I have a lawyer in this case? - Top

    Yes. Charles Wright and Linda Visser of Siskinds LLP and Grant Scharfstein of Scharfstein, Gibbings, Walen & Fisher LLP are lawyers for you and other Class members. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.




  • How will the lawyers be paid? - Top

    Plaintiff’s lawyers obtained approval from the Court for lawyers’ fees, costs, and expenses up to $250,000. They also obtained approval for a payment of $5,000 to be paid to Representative Plaintiff for his help on behalf of the entire Class.  The Defendants will separately pay the fees and expenses that the Court awards as well as the costs to administer the settlement. These amounts will not reduce the amount of money or benefits available to Class members.




  • How do I get more information? - Top

    More information about the settlement is available by calling toll-free 1-877-688-9314, or writing to:
     

    Plasco Plumb-PEX Plumbing System Settlement
    Claims Administrator
    P.O. Box 3355
    London, ON, N6A 4K3
    .
     





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  • Claim Forms will be sent within 7 business days of the request.
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