Audet and Partners, LLP is investigating claims against Nibco, Inc. based on breach of warranty, misrepresentations, and potential fraud in connection with Nibco’s design and/or manufacturing of its cross-linked polyethylene plumbing tubes, fittings, and clamps that form the company’s “PEX” system. Residential and commercial property owners who have incorporated the PEX system into their homes and buildings have complained of the following defects in design and/or manufacturing of the component parts:
Nibco PEX Tubing
Consumers have complained that the polyethylene tubing is prone to premature oxidative failure.
Nibco PEX Fittings
Consumers have complained that PEX fittings, necessary to connect the PEX Tubing, is prone to premature dezincification corrosion.
Nibco PEX Clamps
Consumers have complained the clamps incorporated in Nibco’s PEX system are prone to premature failure resulting from chloride-induced stress corrosion cracking.
Together, the above-reported failures have resulted in significant property damage and financial loss to both residential and commercial property owners occurring well within the 10–25 year warranty period that accompanies its PEX system. Affected property owners, however, have reported that Nibco has refused to honor its warranty provided with the PEX system, potentially resulting in significant financial losses to property owners.
In addition to the design and/or manufacturing defects allegedly associated with Nibco’s PEX system, Audet & Partners, LLP is also assessing claims that the company knowingly or negligently marketed the PEX system by representing the system on its website and through promotional material in terms such as being of the “highest quality” and possessing “superior characteristics.”
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