When is a Pex Repair Not a Repair?

A trip down the primrose path, or

on evaluating the real cost of a repair when you lose sight of the goal.

There's an uneasy rush, if not a frenzy of sorts, for homeowners to do something, almost anything and to do it now about our shared plumbing problems. But why? What's the rush? First, there is no known imminent danger of a plumbing failure anywhere in the Community. And second, there should be plenty of time in which to take some type of corrective action to address the problem at hand. But that is not the picture we are witnessing at the moment. On the contrary, re-plumbing is going on all over Sun City, even with contractors rushing in from out of state. Unfortunately, homeowners are under some pressure to make critical decisions about their plumbing needs without any real facts to support their decision.

When you signed that re-plumbing contract, or worse, agreed to have the work done without a contract, are you in effect purchasing what amounts to a pig-in-a-poke or taking a cozy but blind trip down the primrose path? I think so. As a homeowner, you need to be reasonably assured that are you receiving what you really need to bring about a bona fide repair of a construction defect of your plumbing system? If the truth be know, it is my firm belief that we are being collectively deluded into believing that the offer of something by a contractor—called a re-plumb—is the same as "a repair." The sad truth is that "a repair" of our construction defect is simply not possible or attainable at the present time and under existing conditions. Looked at another way, does that already finished or planned re-plumbing project actually fix the brass fitting problem that needs fixing? Regretably, the answer must be, "no." Those re-plumbs everyone is demanding to do currently merely moves the dezincification problem to a different time frame for you to fix again later on several years from now.

Let us not forget what Pulte has offered us and and why. Pulte has been very careful to tells us that they are offering monetary compensation, and nothing else. What’s interesting about that is that Pulte has consistently maintained that they are NOT offering homeowners a “repair.” Why not? If Pulte were offering homeowners a repair, they, not the homeowner, would have to define what that repair would consists of. In other words, Pulte would have to tell us that “X” will in fact constitute a repair of our defective plumbing system. But in doing so, Pulte would have to also accept future responsibility for their decision to do “X.” Pulte decided that they do not want to do that.

Now why would Pulte not wish to accept such responsibility? While there may be a number of good reasons, one likely reason might be the realization that there is no such thing as an acceptable repair for our defective plumbing system. Think about that—there is no such thing as an acceptable repair to remediate our defective plumbing system. Whereas installing a brace can remediate a structural problem or replacing a defective GFI can remediate a failed electrical problem, what will remediate a failed brass fitting problem in our plumbing system? I suggest the answer to that question is that there is little to nothing currently available that will remediate that problem.

If there is no such thing as an acceptable repair for our plumbing defect, what better strategy on Pulte’s part than to have the appearance of addressing the “repair” issue by offering monetary compensation to the homeowner. If Pulte cannot figure out how to do “X” and remediate the dezincification problem with our brass fittings, what better strategy than to announce to the Community that you are going to leave that important task up to each uninformed homeowner. Yes, let each individual homeowner make that critical decision and assume responsibility for defining the scope of the repair. And, really, since there is no such thing as an acceptable repair, Sun City homeowners are left to flounder in their search for something that may not exist.

On the other hand, had Pulte defined the scope of the repair, they likely knew (or should have known) that they would very likely be on the hook for a second repair project (and another $20 million) since any newly installed replacement brass fittings down the line would begin to show signs of dezincification. How do we know that? Simply because the major home plumbing manufacturers and suppliers do not manufacturer an acceptable brass fitting. What better strategy for Pulte than to limit your company's initial liability exposure to this problem than by transferring any future liability exposure onto the shoulders of the poor homeowner.

What should a homeowner expect from a repair of their plumbing system? In order to answer that question, we need to have some understanding of what might be wrong with the existing system. But without that understanding, a question arises concerning whether any particular repair effort, say the one offered by the ABC plumbing company, constitutes the type of repair the homeowner needs.

So what type of repair does our homeowner need? For example, in the case of a defective brass fittings, what is the "test" that should be applied to remediate or set straight the problem. If, as we have been led to believe, the problem is one of dezincification of the Kitec brass fitting due to the fitting’s relative high zinc content of the alloy used to make the fitting, the "test" necessary to correct the problem at least has the appearance of being recognized. That "test" is a ½” DZR brass fitting with a very low zinc content. But is that problem capable of remediation or repair? Clearly, the answer is a resounding, "No," when having to rely on the existing brass fittings manufactured or supplied by the major Pex producers, such as Uponor or Vanguard.

Unfortunately, at least for some homeowners, the "test" that was applied in making a re-plumb decision was whether homeowner "C" was pleased with the work of company "B" and not whether the work of company "B" actually met the real needs of the homeowner.

The issue of repair or remediation of our plumbing system is primarily if not exclusively one of replacing the so called “bad” fittings with “good” fittings, fittings that will not be subject to dezincification. Each homeowner wants to be able to believe that they have done or are going to do the correct thing in contracting for re-plumbing services, that is, to take the steps necessary to accomplish a proper repair of their defective plumbing system. In their desire to take corrective action, some homeowners are under the impression that in replacing the “bad” fittings with “new” fittings they are accomplishing an acceptable repair, one that is more than temporary. I would like to dissuade homeowners from that mistaken impression.

The reality of our current situation is that those bright and shinny “new” brass fittings that have been replacing those “bad” Kitec fittings around Sun City are not only not necessarily “good” brass fittings, they may in fact be as “bad” as the Kitec fittings that are being replaced. That is the sad truth of the matter. Homeowners don’t seem to understand that or it’s possible that they have been lulled into not caring, relying instead on what their neighbor or friends have done or on how they feel about this or that contractor they have met. How often have we been told by a contractor, “I’ve been plumbing here for 20 years and I’m not aware of any problem with fittings using this plumbing system.” While homeowners are truly relieved to get the job done and behind them, is that repair job really done? Or did our homeowner just spend several thousands of dollars for a plumbing system that incorporated 30+ “new” brass fittings that are little different from the fittings that were just taken out? I think we all know the answer to that question.

Although I should not say this, plumbing contractors are in the business of selling you on the features of their preferred plumbing systems, whatever system that might be. As a rule, plumbing contractors do not share our unique concerns and needs. They are concerned about making a sale and moving on. Speaking of make a sale, it has been reported to me that some plumbing companies are bad-mouthing other companies in order to generate sales for themselves, while other companies are allegedly targeting some of our more vulnerably and alone seniors who do not have anyone they can rely on. One company is offering a “fittings only” repair at understandably lower prices.  

Whether you are purchasing a fittings-only repair or a complete re-plumbing job, what you should be thinking about is not whether you stopped or prevented a leak from happening tomorrow, but whether the “repair” you obtained or are seeking is merely a temporary fix, perhaps lasting only a few years or more until those brand “new” brass fittings begin to show signs of dezincification, as in the case of the Kitec fittings and, even more strikingly in Phase 2 homes, in the case of those very rapidly failing REHAU brass fittings. Since the dezincification problem is NOT unique to the Kitec plumbing system, there is no reason to assume that the replacement of the Kitec system with another plumbing system will remediate the dezincification issue.

As a homeowner, ask yourself what data do you have that tells you that your “new” brass fittings that your contractor will inevitably use will not be dezincified as quickly as those that are currently failing? Actually, and regrettably, you have no such data simply because there is no such data available. Currently, there is no information to support a decision to replace one set of “bad” brass fittings with another set of brass fittings about which one knows absolutely nothing—unless you are relying on unsubstantiated hearsay, promises by contractors or sales persons, and, yes, a lot of blind faith. In their rush to get the work done in a timely manner, many Sun City homeowners have lost sight of the problem that Pulte has refused to accept responsibility for—the presence of brass fittings that break down due to dezincification.

Until such time as that elusive low zinc content ½” DZR brass fitting is available, Sun City homeowners appear to be on a mission to repeat the mistakes of the past. Regarding the availability of a low zinc content ½" DZR brass fitting, I spoke with a representative of Uponor USA today about their progress on this matter. I was told that Uponor will have some statement for us within the next 2 weeks concerning this matter. That statement may or may not address the question of when such a product will be available for our use here in Sun City. Hopefully, they will have something positive to report.

Homeowners may derive a little comfort in the knowledge that as those “new” replacement brass fittings begin to exhibit signs of dezincification, there will that manufacturer’s warranty to fall back on, 10 years or 25 years as the case may be. Well, I would say that such warranty news is not that encouraging, as I will explain.

Yes, indeed, while there’s a warranty, ask yourself this question. When will you have sufficient information to place that warranty into effect? Let us take a look at the 10-year Vanguard warranty to illustrate what I am talking about. For this purpose, I assume that brass transition fittings are used from their Pex to a water fixture.

What are the changes of a brass fitting failure within that 10-year warranty period? I would say that change should be quite small, but one never really knows for certain. For our illustrative purpose here, let us assume those changes are indeed small. And, more importantly, what might be the nature of any such failure due to dezincification? And, besides, how will you even know when such a failure occurs? Indeed, how will you know? You may not know since those brass fittings are for the most part out of sight and are sealed behind the wall.

But let's say, for example, some of those hot water line fittings are showing signs of dezincification, but you cannot really tell because you cannot see them. As the years pass, let’s say some of those brass fittings start to leak a tiny bit. No big deal, and, anyway, you are unaware of any leak. But the leak persists, potentially posing a different kind of health risk you may not wish to consider. Time goes on and some leaking continues, all out of sight. In the unlikely event that mold should result and the walls become discolored, you might be forewarned of a leaking problem. But let’s play it safe and assume that no mold forms.

It’s now year 12 and that one leak unknown to you is now a steady stream and you are confronted with a plumbing problem that needs fixing. You call a plumber and get that leak problem fixed. But then you realize that there are 10 other hot water lines throughout the home with brass fittings at potential risk and you have no information about their status.

Now, let’s go back for a moment to the probability issue of brass fitting failure. If you think about it, 10 years may be an acceptable risk to a manufacturer for brass fittings. It’s been more than 10 years with Kitec in McDonald ranch and now only a very small percentage of homes with Kitec brass fittings are beginning to fail to the point of causing a leak. And here in Sun City, we are on our 9th year with Kitec brass fittings in homes that were built in 1999. No one to my knowledge has alleged any Kitec system failure due to leaking brass fittings here. Yes, brass fittings are showing signs of dezincification and yes, some of those out of sight brass fitting are allegedly beginning to show signs of leaking. But for the homeowner, such “evidence” of a problem has been hidden from view behind the wall and was discovered only recently in the process of a re-plumbing effort. So, from the viewpoint of the manufacturer, a 10-year warranty period might be a very reasonable and acceptable risk.

Don't forget that the issue of dezincification and our failing plumbing system was brought to our attention here in Sun City ONLY because the plumbing system of one homeowner had been exposed, not because of a leak, and because of similar problems occurring elsewhere in Clark County. Were it not for that ostensible smoking gun of that Kitec fitting recall back in 2005, most likely we would be sitting here in the comfort of our homes in blissful ignorance of any problem. If you think about it, the likelihood is that we are not going to be that "fortunate" nor will we be forewarned of a potential problem the second time around.

Homeowners are cautioned to think very carefully before committing themselves to any particular repair option.