{"id":123,"date":"2010-07-11T15:57:17","date_gmt":"2010-07-11T20:57:17","guid":{"rendered":"http:\/\/allproplumbing.us\/?page_id=123"},"modified":"2010-07-15T20:38:57","modified_gmt":"2010-07-16T01:38:57","slug":"polybutylene-pipe-failure-what-can-i-do","status":"publish","type":"page","link":"http:\/\/allproplumbing.us\/?page_id=123","title":{"rendered":"POLYBUTYLENE PIPE FAILURE WHAT CAN I DO?"},"content":{"rendered":"

\"What<\/p>\n

FREE ESTIMATES<\/p>\n

Jacksonville\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Duval County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-346-1266
\nSt Augustine\u00a0\u00a0\u00a0\u00a0\u00a0 St Johns County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-824-7144
\nOrange Park\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Clay County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-264-6444
\nJacksonville Beaches\u00a0\u00a0\u00a0 Duval County\u00a0 \u00a0\u00a0\u00a0\u00a0904-246-3969
\nFernandina\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Nassau County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-277-3040
\nMacclenny\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Baker County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-259-5091
\nPalm Coast\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Flagler County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 386-439-5290
\nDaytona\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Volusia County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 386-253-4911<\/p>\n

GAINESVILLE\u00a0\u00a0\u00a0 ALACHUA COUNTY\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 352-335-8555
\nServing all of Florida \u00a0and Georgia\u00a0\u00a0\u00a0 at \u00a0\u00a0\u00a0\u00a0904-346-1266<\/p>\n

EMAIL <\/strong>LARRY@1STPROP.COM<\/a> (feel free to email your bidding packages here)<\/p>\n

Polybutylene is a form of plastic resin that was used extensively in the manufacture of water supply piping from 1978 until 1995. Due to the low cost of the material and ease of installation, polybutylene piping systems were viewed as “the pipe of the future” and were used as a substitute for traditional copper piping. It is most commonly found in the “Sun Belt” where residential construction was heavy through the 1980’s and early-to-mid 90’s, but it is also very common in the Mid Atlantic and Northwest Pacific states.<\/span><\/p>\n

These are typically gray or white in color with a dull finish. Most are shown with pipe attached. Figure (4) is a new fitting. <\/span> The piping systems were used for underground water mains and as interior water distribution piping. Industry experts believe it was installed in at least 6 million homes, and some experts indicate it may have been used in as many as 10 million homes. Most probably, the piping was installed in about one in every four or five homes built during the years in which the pipe was manufactured.<\/span><\/p>\n

How to Tell If You Have Poly<\/strong><\/span>
\nExterior – Polybutylene underground water mains are usually blue, but may be gray or black (do not confuse black poly with polyethelene pipe). It is usually 1\/2″ or 1″ in diameter, and it may be found entering your home through the basement wall or floor, concrete slab or coming up through your crawlspace; frequently it enters the home near the water heater. Your main shutoff valve is attached to the end of the water main. Also, you should check at the water meter that is located at the street, near the city water main. It is wise to check at both ends of the pipe because we have found cases where copper pipe enters the home, and poly pipe is at the water meter. Obviously, both pipes were used and connected somewhere underground.<\/span><\/p>\n

Interior – Polybutylene used inside your home can be found near the water heater, running across the ceiling in unfinished basements, and coming out of the walls to feed sinks and toilets. Warning: In some regions of the country plumbers used copper “stub outs” where the pipe exits a wall to feed a fixture, so seeing copper here does not mean that you do not have poly.<\/span><\/p>\n

<\/span><\/p>\n

Will the Pipes Fail?<\/strong><\/span>
\nWhile scientific evidence is scarce, it is believed that oxidants in the public water supplies, such as chlorine, react with the polybutylene piping and acetal fittings causing them to scale and flake and become brittle. Micro-fractures result, and the basic structural integrity of the system is reduced. Thus, the system becomes weak and may fail without warning causing damage to the building structure and personal property. It is believed that other factors may also contribute to the failure of polybutylene systems, such as improper installation, but it is virtually impossible to detect installation problems throughout an entire system.<\/span><\/p>\n

Throughout the 1980’s lawsuits were filed complaining of allegedly defective manufacturing and defective installation causing hundreds of millions of dollars in damages. Although the manufacturers have never admitted that poly is defective, they have agreed to fund the Class Action settlement with an initial and minimum amount of $950 million. You’ll have to contact the appropriate settlement claim company to find out if you qualify under this settlement.<\/span><\/p>\n

“A series of reports have suggested that increased use of choloramines accelerates corrosion and degradation of some metals and elastomers common to distribution plumbing and appurtenances.<\/strong><\/span> With regard to elastomers, the study showed that with few exceptions, solutions of chloramines (either monochloramine or dichloramine) produced greater material swelling, deeper and more dense surface cracking, a more rapid loss of elasticity, and greater loss of tensile strength than equivalent concentrations of free chlorine.”<\/strong><\/span><\/p>\n\n\n\n
\"FAQs\"The following are questions homeowners most frequently ask. If you have a question not answered below, please feel free to e-mail us with your question. It’s fast and easy.
\n<\/a><\/span><\/p>\n

1. How long does the replumbing take?<\/strong>
\nAnswer:<\/em> An average home will be replumbed in 2 working days. <\/span><\/p>\n

2. Will we have to move out during the work?<\/strong>
\nAnswer:<\/em> No. We respect your privacy and do our best to work around your needs. It isn’t much different than painting your home.<\/span><\/p>\n

3. Does someone need to be home during the work?<\/strong>
\nAnswer:<\/em> No. Just meet our crew the first day to show us around. We’ll do our work and clean up every night. In fact, we will leave you a progress note each evening.<\/span><\/p>\n\n\n\n\n
“We decided to have your team come into our home while we were away on vacation, entrusting our home to your team. They went out of their way to ensure our house looked even better!”<\/strong><\/span>
\n— <\/em><\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n
<\/span>4. Will my water be turned off?<\/strong>
\nAnswer:<\/em> Yes, but only during the day while we’re working on the system. We will restore water service each evening for your convenience. <\/span><\/p>\n

5. If I have questions during the work, will you explain things to me?<\/strong>
\nAnswer:<\/em> Of course. <\/span><\/p>\n\n\n\n\n
<\/strong><\/span>
\n—- <\/em><\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n
<\/span>6. Do I have to move anything out of the way?<\/strong>
\nAnswer:<\/em> We ask that you move any fragile pieces and personal property. Other than that, our customers will tell you that our crews respect your home and personal property and treat it as their own. We carefully move and protect anything that requires extra special care. <\/span><\/p>\n

7. Does this work need a permit?<\/strong>
\nAnswer:<\/em> Yes, in fact it is critical that a permit be obtained to ensure the work meets your specific code requirements and upon completion, the work is properly inspected. In fact, some jurisdictions allow self inspection when the contractor meets the high standards of the jurisdiction. In jurisdictions that allow self inspection, we have met or exceeded their requirements. <\/span><\/p>\n

8. What about all of the dust and construction debris?<\/strong>
\nAnswer:<\/em> No problem. This is one of our trade secrets. But here’s what our clients say… <\/span><\/p>\n\n\n\n\n
<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n
<\/span>9. Some people have told me that you need to take out the walls. Is that true?<\/strong>
\nAnswer:<\/em> Not true. We only need to make relatively unobtrusive cuts at very strategically placed areas. That’s part of our success. With more than 5,000 replumbs completed, we have perfected the process. <\/span><\/p>\n

10. Will you be able to see where the walls and ceilings were patched?<\/strong>
\nAnswer:<\/em> Our expert craftsmen have mastered this technique. Many homeowners tell us… <\/span><\/p>\n\n\n\n\n

\n<\/strong><\/span> <\/em><\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n
<\/span>11. Do you change the underground water main?<\/strong>
\nAnswer:<\/em> We can change the service that connects your home to the city water supply. However, this is a different process, therefore we provide separate estimates for interior work and exterior underground work. <\/span><\/p>\n

12. Do you offer a warranty?<\/strong>
\nAnswer:<\/em> Yes. In fact, we are so proud of our work that we offer 5-year warranties covering our interior repipe craftsmanship. That’s probably more than you’re used to receiving from other companies you’ve dealt with. <\/span><\/p>\n

13. Do you offer financing?<\/strong>
\nAnswer:<\/em> Yes. We offer financing options to suit your particular needs. <\/span><\/p>\n

14. Can we pay you at the time of closing out of escrow?<\/strong>
\nAnswer:<\/em> Certainly. For homeowners in the process of buying or selling a home, we can accommodate you and make arrangements for payment out of escrow. <\/span><\/p>\n

15. Will you guarantee a completion date?<\/strong>
\nAnswer:<\/em> Absolutely. We know our job better than anyone in the business. There are no surprises we cannot handle within the guaranteed completion date. <\/span><\/p>\n\n\n\n\n
<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/td>\n<\/tr>\n
16. Can you do some other painting or plumbing while you are here?<\/strong>
\nAnswer:<\/em> Yes, in most of our services areas, we offer a full range of plumbing services, as well as interior drywall and painting services. In fact, you’ll save time and money by scheduling other work while we are already at your home.<\/span><\/p>\n

FREE ESTIMATES<\/p>\n

Jacksonville\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Duval County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-346-1266
\nSt Augustine\u00a0\u00a0\u00a0\u00a0\u00a0 St Johns County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-824-7144
\nOrange Park\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Clay County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-264-6444
\nJacksonville Beaches\u00a0\u00a0\u00a0 Duval County\u00a0 \u00a0\u00a0\u00a0\u00a0904-246-3969
\nFernandina\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Nassau County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-277-3040
\nMacclenny\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Baker County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 904-259-5091
\nPalm Coast\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Flagler County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 386-439-5290
\nDaytona\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Volusia County\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 386-253-4911<\/p>\n

GAINESVILLE\u00a0\u00a0\u00a0 ALACHUA COUNTY\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 352-335-8555
\nServing all of Florida \u00a0and Georgia\u00a0\u00a0\u00a0 at \u00a0\u00a0\u00a0\u00a0904-346-1266<\/p>\n

EMAIL <\/strong>LARRY@1STPROP.COM<\/a> (feel free to email your bidding packages here)<\/p>\n

\"Myths <\/span><\/p>\n

Myth:<\/strong> Only systems with plastic fittings have problems:<\/em>
\nNot true! Systems with metal fittings fail as well. However, it is true that systems with plastic fittings have more components that fail, and our experience tells us that they do indeed fail at a greater rate than systems with metal fittings or manifold-type systems. That said, both metal fitting systems and manifold systems contain polybutylene piping as well as plastic valves, and both of these components are subject to failure. Basically, the distinction is one of “bad versus worse,” not “good versus bad.” <\/span><\/p>\n

Myth:<\/strong> Replacing poly pipes costs an arm and a leg:<\/em>
\nActually, replacing poly is about the same cost as recarpeting your home or putting on new roof shingles–providing you use a repipe specialist. A repipe specialist will provide you with the best price combined with the most professional workmanship. To put the cost of a repipe into context (including drywall and paint), it’s usually much less<\/strong> than installing vinyl windows or basement waterproofing. It is unfortunate that you need to replace the pipes, but it really is similar to other maintenance items–just one you didn’t expect so soon! <\/span><\/p>\n

Myth:<\/strong> The class action settlement fund will take care of everything if you have a problem: <\/em>
\nAll things considered, the class action settlements are very generous; the Cox v. Shell<\/em> settlement was one of the largest consumer settlements in United States history. But, the settlements were a compromise, so neither side got everything they wanted. For example, significant limitations exist on eligibility for free pipe replacement, such as installation date and location of leak(s). (Note: You are strongly encouraged to contact the class facilities directly if you think you have a claim.) <\/span><\/p>\n

Myth:<\/strong> Poly problems occur because of poor installation: <\/em>
\nInstallation quality may be a factor in poly leaks, but in most cases installation does not appear to be the primary cause. Factors contributing to system leaks include degeneration of piping and\/or fittings, water quality, chlorine levels, poor installation and age. Over time, some or all of these factors may contribute to system failure. So even with perfect installation, polybuylene systems may likely fail at some point as a result of other factors. <\/span><\/p>\n

Myth:<\/strong> Any good plumber can replace my pipes:<\/em>
\nTrue, any reputable plumbing company can install water supply piping professionally, but the real questions are, “Can they do the whole job for a fair price and at the least inconvenience to me?” A few general plumbing companies will do the whole job by subcontracting the drywall and paint, but a company that specializes in repipes is your best bet. They have the personnel to give you a quality job, and they will do it more efficiently, with less damage and inconvenience, and most importantly, for less cost. <\/span><\/p>\n

Myth:<\/strong> I inspected my own pipes and they are fine:<\/em>
\nIt doesn’t take a pro to do the “Squeeze Test” (squeeze a pipe or fitting with your fingers: If it falls apart you have a BIG problem). But the “Squeeze Test” doesn’t help much because it is very rare that a system becomes so decayed that it gets to this state of advanced degeneration before<\/strong> it leaks (maybe 1 in 1,000). The problem is this: Most failures occur in systems that look fine even to the trained eye, so a visual inspection is almost pointless. Yes, you should test your water pressure, but that is about all you can do. <\/span><\/p>\n

Myth:<\/strong> The poly in my house has lasted for ten years, so it must be o.k.:<\/em>
\nNot true. In most cases it takes years for polybutylene systems to fail. While it may leak within a few years of installation, the majority of leaks start to occur in the 10-15 year time frame. <\/span><\/p>\n

Myth:<\/strong> You will not have a problem selling your home with poly:<\/em>
\nThis depends on the awareness of the buyer or prospective buyer. In general, real estate agents tell us that homes with poly sell for less and take longer to sell. Frequently, a home inspector flags the problem, and the pipes are replaced before closing. Unfortunately, we do not know how many prospective buyers simply ignore homes with poly because they recognize it as a potential problem from the start. <\/span><\/p>\n

Myth:<\/strong> If the pipes do leak, it’s usually minor:<\/em>
\nHow about $138,000 worth of damage from a leak that did not qualify the home for a free repipe. Of the homes we work in that have had a leak, about 80% had some form of structural damage. Frequently, the damage repair entails a sheet of drywall and some paint, or maybe carpet pad replacement, but many leaks have been catastrophic causing thousands of dollars of damage to both the structure and the contents. <\/span><\/p>\n

Myth:<\/strong> My insurance will cover the resulting damages if the pipes leak: <\/em>
\nAbsolutely–this is not a myth. Water damage of all sorts is typically covered by most policies, and in certain circumstances the class actions may even assist you. But the problem is that your insurer may decide to increase your premium after a claim (or multiple claims), or worse yet, they may not renew your policy. This can happen with any casualty (such as fire or wind damage), but there is no reason to set yourself up for this type of problem when you can avoid it in the first place. <\/span><\/p>\n

Myth:<\/strong> My home inspector said the poly “looked” fine:<\/em>
\nIt may “look” fine, but that doesn’t mean much because most of the problems with poly systems are not visible. Basically, a home inspector can look for water leaking RIGHT NOW, he can look for evidence of repairs, and he can look for certain installation no-no’s (only where pipes are exposed) such as kinks in the piping. That helps a little, but many things contribute to a poly leak, most all of which an inspector cannot see. What matters most is the useful life of the poly in a home, and an inspector cannot predict this for any poly system. <\/span><\/p>\n

Myth:<\/strong> The pipe replacement work will practically destroy my home:<\/em>
\nThat depends. Pipe replacement is serious work, and if you choose the wrong company to do it, they could make quite a mess. However, a reputable pipe replacement expert knows how to minimize damage to walls and ceilings, so the disruption and the time it takes to complete the job is minimized. The average home should take about five days start to finish, and after that you should see no signs of the work ever being done–that is the real test!<\/span><\/p>\n

Polybutylene<\/strong> is a thermoplastic<\/a> polyolefin<\/a>. It is created by polymerizing<\/a> butylene<\/a>. It is a semi-crystalline<\/a> thermoplastic, and is also known as polybutene-1<\/a>. It should not be confused with polybutene<\/a>, a low molecular weight oligomer<\/a> with a different repeat unit<\/a>.<\/p>\n

Controversy<\/span><\/h2>\n

The suitability of polybutylene for use in plumbing is controversial. Polybutylene plumbing was used in 6 to 10 million homes built in the United States from 1970 to the mid-1990s.[<\/span>1]<\/span><\/a><\/sup> Problems with leaks led to a class action lawsuit<\/a>, Cox vs. Shell Oil, that was settled for $1 billion.[<\/span>2]<\/span><\/a><\/sup> The Cox Settlement claims filing deadline was May 1st, 2009. Previous to this deadline, owners of homes and structures containing defective polybutylene piping and associated fittings could file a claim and receive a free turnkey pipe replacement if qualified. Those that missed the deadline will have to pay for these repairs on their own.[<\/span>3]<\/span><\/a><\/sup> Polybutylene plumbing<\/a> is still widely used in Europe and Asia.[<\/span>4]<\/span><\/a><\/sup> [<\/span>5]<\/span><\/a><\/sup> [<\/span>6]<\/span><\/a><\/sup><\/p>\n

The material oxidized when used in hot water systems, developing longitudinal cracks which eventually punctured the walls leading to floods and damage to properties. Many acetal resin<\/a> fittings also cracked, a problem caused by chlorine attack. Even the low concentration (ppm<\/a>) of chlorine used in most potable water supplies for purification was enough to initiate cracking.<\/p>\n

The Spencer Class Action Home Page is designed to provide news and information regarding the proceedings of the class Action. This page includes legal notices and periodic updates on court proceedings in the Garria Spencer et al.,\u00a0 v\u00a0 Shell Oil Company et al., Civil Action No. CV 94-074<\/p>\n

About the Spencer Class Action:<\/strong><\/p>\n

The Spencer Class Action covers homes that were plumbed inside using polybutylene plumbing systems with polybutylene pipe connected with acetal plastic insert fittings. The polybutylene pipe is usually grey or black plastic. The acetal insert fittings are usually grey and occasionally white plastic. There are a variety of other fitting systems used with polybutylene pipe, but only the systems with grey or white plastic insert fittings shown below are eligible for reimbursement under the terms of the Spencer Class Action.<\/p>\n

The homeowner must own or have owned a home with the above polybutylene system and must have had it replumbed in order to be considered for reimbursement under the Spencer program.<\/p>\n

For further information write to:<\/p>\n

Spencer Class Facility
\nP.O. Box 81448
\nAtlanta, GA 30366<\/p>\n

or call (800) 490-6997<\/p>\n

You may also E-Mail the Spencer Class Facility<\/a> for more information.<\/p>\n

Note: Certain other fitting systems may be eligible under other class actions or manufacturer programs even though they are not eligible under Spencer.\u00a0 See the section Photos of Systems Not Covered<\/a> on the left of this page, or visit the Cox Class Web Site at\u00a0 http:\/\/www.pbpipe.com<\/a> or call 1-800-392-7591 for more information.<\/p>\n
If you own a home or other structure located in Canada that has polybutylene plumbing or heating systems, you may be eligible for relief from a different class-action settlement.\u00a0 Visit that web site at www.pbsettlement.ca<\/a> or call 1-866-599-4599 for more information.<\/p>\n

Dear Homeowner:<\/tt>Thank you for your interest in the DuPont settlement of the nationwide class action of polybutylene (PB) plumbing systems in Alabama (Spencer<\/strong> et al v. Shell), which has received final court approval.<\/tt><\/p>\n

DuPont will make its settlement payment as follows:<\/tt><\/p>\n

You can apply to the Spencer Class Facility using the claim form available on this site.\u00a0 This facility has been established to administer the settlement.\u00a0 Under the terms of the Spencer<\/strong> settlement, DuPont will reimburse you for 10% of the cost of replacing a plumbing system of PB pipe connected with acetal plastic insert fittings and 10% of any unreimbursed past damages caused by leaks, if you have replaced the entire PB system.<\/tt>
\nDuPont will pay under this settlement if you replace your entire system within 15 years of its installation.\u00a0 This 15-year limitation period does not apply if you acquired your property after August 1, 1999 and you replaced your system by December 31, 2003.<\/tt> For complete details on the Spencer settlement, please review the Notice of Class Action Settlement available on this site.
\nThe systems that are eligible for this recovery are plumbing systems made with PB pipe (which is normally gray) and acetal plastic insert fittings (which are normally gray). Please refer to\u00a0 Photos of Systems Covered<\/a> that further describes the eligible PB plumbing system.<\/tt>
\n <\/tt>
\nIf you have questions, please contact us at:<\/tt><\/p>\n

Spencer Class Facility<\/tt><\/p>\n

(800) 490-6997<\/tt><\/p>\n

<\/tt><\/p>\n

or E-Mail the Spencer Class Claims Facility<\/a> <\/tt><\/p>\n

The Spencer Settlement has certain provisions that either exclude you or allows you the option to be excluded from the Settlement.\u00a0 Please review paragraphs 5, 7 and 9 of the Notice for details regarding your rights.<\/tt><\/p>\n

<\/tt><\/p>\n

If you wish to file a claim to the Spencer Class Facility, please follow the instructions enclosed under obtain claim form<\/a>.\u00a0 Call us at (800) 490-6997 if you have any questions.<\/tt><\/p>\n

<\/tt><\/p>\n

<\/tt>
\nThe Spencer Class Facility<\/tt>
\nfor the DuPont Settlement<\/tt><\/p>\n

IN THE CIRCUIT COURT OF GREENE COUNTY, ALABAMA<\/p>\n\n\n\n
GARRIA SPENCER, et al.,<\/p>\n

Plaintiffs,<\/p>\n

vs.<\/p>\n

SHELL OIL COMPANY, et al.,<\/p>\n

Defendants.<\/td>\n

))<\/p>\n

)<\/p>\n

)<\/p>\n

)<\/p>\n

)<\/p>\n

)<\/p>\n

)<\/p>\n

)<\/p>\n

)<\/p>\n

)<\/td>\n

Civil Action No. CV 94-074<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

TO ALL PERSONS WHO HAVE OWNED OR CURRENTLY OWN<\/strong><\/p>\n

HOMES OR STRUCTURES IN THE UNITED STATES <\/strong><\/p>\n

THAT CONTAIN A PLUMBING SYSTEM MADE OF <\/strong><\/p>\n

POLYBUTYLENE PIPE AND ACETAL PLASTIC INSERT FITTINGS<\/strong><\/p>\n

THIS NOTICE MAY AFFECT YOUR RIGHTS<\/p>\n

PLEASE READ IT CAREFULLY<\/span><\/p>\n

THIS NOTICE ANSWERS THESE IMPORTANT QUESTIONS<\/strong><\/p>\n

    \n
  1. Why should I read this notice?<\/li>\n
  2. What is the lawsuit about?<\/li>\n
  3. Who is the Settlement with?<\/li>\n
  4. What are the plumbing systems covered by this Settlement?<\/li>\n
  5. Who is in the Class?<\/li>\n
  6. What are the Settlement recovery terms?<\/li>\n
  7. Do I need to do anything now to participate in the<\/li>\n<\/ol>\n

    Class and Settlement?<\/p>\n

      \n
    1. How do I make a claim?<\/li>\n
    2. How can I exclude myself from the Class?<\/li>\n<\/ol>\n

      10.\u00a0 \u00a0Where do I get additional information?<\/p>\n


      \n<\/strong><\/p>\n

        \n
      1. WHY SHOULD I READ THIS NOTICE?<\/li>\n<\/ol>\n

        Your rights may be affected by the lawsuit known as Spencer, et al. v. Shell Oil Co., et al.<\/em>, Civil Action No. CV 94-074 (the \u201cLawsuit\u201d) in the Circuit Court of Greene County, Alabama (the \u201cCourt\u201d).\u00a0 This notice is given pursuant to Rule 23 of the Alabama Rules of Civil Procedure and the order of the Court.<\/p>\n

        The purpose of this Notice is to inform you that the Court certified a plaintiff class and approved a settlement (the \u201cSettlement\u201d) of the Lawsuit with DuPont on November 17, 1995.<\/p>\n

        The Class includes all former or current owners of homes or structures (including houses, commercial properties, and mobile homes) in the United States that contain a plumbing system made of polybutylene pipe and acetal plastic insert fittings.\u00a0 While notice was previously provided to the Class in the Lawsuit, if you purchased a home or structure containing plumbing covered by the Settlement after August 1, 1999, this may be your first notice of the Lawsuit and Settlement and your rights to participate in it.<\/p>\n

          \n
        1. WHAT IS THE LAWSUIT ABOUT?<\/li>\n<\/ol>\n

          Plaintiff Garria Spencer and others (the \u201cPlaintiffs\u201d) brought the Lawsuit as a class action alleging that Defendants Shell Oil Company (\u201cShell\u201d), Hoechst Celanese Corporation (\u201cCelanese\u201d), and E. I. du Pont de Nemours and Company (\u201cDuPont\u201d) were negligent and committed fraud in connection with the manufacture, promotion, and sale of polybutylene plumbing systems.\u00a0 The Defendants denied (and still deny) any legal liability and wrongdoing relating to polybutylene plumbing.\u00a0 The Court has made no rulings on the merits of the Plaintiffs\u2019 claims or of any of the Defendants\u2019 defenses.<\/p>\n

          3.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 WHO IS THE SETTLMENT WITH?<\/p>\n

          A settlement of the Lawsuit was reached with DuPont only.\u00a0 The Court ruled that the Lawsuit could proceed as a class action for the purpose of completing a settlement with DuPont.\u00a0 The Court gave its final approval to this Settlement on November 17, 1995.
          \n4.\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 WHAT ARE THE PLUMBING SYSTEMS COVERED BY THIS SETTLEMENT?<\/strong><\/p>\n

          The plumbing systems included in this class action are made of polybutylene pipe and acetal plastic insert fittings.\u00a0 The polybutylene pipe is usually gray and sometimes black plastic.\u00a0 The acetal fittings are usually gray and occasionally white plastic.\u00a0 The pipe and fittings are secured together by crimp rings made of aluminum or copper.\u00a0 They may be visible in the attic or basement or behind the walls or near the water heater of the homes or structures in which they were installed.<\/p>\n

          This plastic plumbing system has been sold under various names, including Qest, Bow, Safeguard, and Flex-temp.<\/p>\n

          The polybutylene pipe and plastic insert fitting system is the only type of system involved in this lawsuit.\u00a0 Homes or structures with other types of plumbing systems are not included in this lawsuit.\u00a0 The following types are specifically NOT<\/span> included:<\/p>\n