Update to Under-slab Pipe Leak Litigation
8/28/14: The class action suit settlement for a leak under the slab establishes an administrator to file a claim and the terms.
On December 28, 2007, a complaint was filed by Joan Kirsch v. Del Webb Coventry Homes, Inc. and Pulte Home Corporation CV2007-023536 that was subsequently certified as a Class Action based upon a construction defect known as Thermal Galvanic Corrosion (TGC), a water leak caused by an electro-chemical reaction affecting underground copper water pipes. Over time, TGC will cause small pinhole sized leaks in un-sleeved, underground hot water pipes.
The goal of the Class Action is to enable homeowners to repair their homes with no out-of-pocket expenses. The original Class included 3,331 houses in Anthem.
As with similar class actions, this case is taking time to reach a conclusion. The judge in this case ordered a mandatory settlement hearing on December 9, 2013 which did not result in a settlement. Law firm Fenton Grant Mayfield Kaneda & Litt LLP is representing Anthem in this case and has provided a comprehensive update from lead attorney, Bruce Mayfield:
- The insurance companies for Del Webb/Pulte are unwilling to negotiate a settlement. Accordingly, the judge in this case set a jury trial to begin on May 6, 2014, at 9:30 a.m.
- 760 houses sold AFTER February 2, 2010 were dismissed from the Class. The attorneys for the Class will appeal this ruling.
- 632 houses that do not have any under-slab copper piping or have had the under-slab piping abandoned and replaced with PEX piping were dismissed from the Class.
Anthem residents suspecting to have an under the slab copper pipe leak should contact Attorney Lisa Borowsky, (480) 733-6800. An inspector will be sent out at no charge to confirm a potential leak.
For more information: www.anthempipes.com/index.html.
NOTE: The Anthem Community Council is not involved with, nor is it a party to this Class Action. This data is provided for informational purposes only.