potential problems with yellow brass plumbing fittings: what a

Potential Problems With Yellow Brass Plumbing Fittings:

What A Condominium In Seattle Has In Common With A

World War I Battleship

1

Jerry H. Stein, Senior Partner

Stein, Flanagan, Sudweeks & Houser ©2012

Yellow Brass – What Is It?

• Brass is an alloy-a mixture of copper and zinc.

• “Yellow Brass” is a brass alloy that has 30% or higher zinc content.

2 Stein, Flanagan, Sudweeks & Houser

Yellow Brass –What Is It?

• “Red Brass” is a brass alloy that contains 15% or less zinc in content.

Stein, Flanagan, Sudweeks & Houser

Yellow Brass – What Is It?

Yellow Brass 33% Zinc

Red Brass 15% Zinc


Yellow Brass & PEX Piping

→ PEX piping became in vogue for residential construction around 2000 due to relatively low cost and ease in installation.

→ PEX is an acronym for cross-linked polyethylene.


Why Yellow Brass?

Why Use Yellow Brass rather than Red Brass?

□ Lower Cost: Zinc=$0.35/lb. vs. Copper=$2.90/lb.

□ Easier to machine.

Brass plumbing fittings are used to connect PEX pipes together inside the walls or to connect the PEX pipes to water heaters and other appliances.


F 1960 Fittings in Wall Stein, Flanagan, Sudweeks & Houser

Yellow Brass – What is the Problem?

“The literature of metallurgical science has long recognized to a scientific certainty that brasses with 15% or more of zinc and high zinc duplex brasses are highly susceptible to dezincification.”

●Clogged Water Lines ●Premature Systems Failure & Leaks ●Lead


Dezincification Has Been Recognized As A Problem In Europe Since The 1970s-and Before!

“From the 1970s, in Europe and elsewhere, brass fittings were required to be made from dezincification resistant brasses that were tested using the ISO 6509 test developed by the Swedish Corrosion Institute.”

“Sudden unexpected failure may occur because of the poor strength of dezincified material”

Mars Fontana, Professor, Department of Metallurgical Engineering, The Ohio State University

Dezincification during WW I-the British Dreadnoughts used yellow brass in their propulsion systems. Did more damage to their ships than the German Navy!


Technically Speaking:

□ When zinc leaches out it leaves behind a copper-rich structure that has reduced

mechanical strength. Two types of dezincification - uniform layer or plug type.

What Does Dezincification Mean to You?

□ The greater the zinc content the greater the likelihood

that brass will corrode when exposed to water.

• When Yellow Brass starts to corrode by dezincification, the corrosion will not and cannot be stopped short of replacing the fitting.


In Seattle: The Hamptons Condominiums


Living Room/Kitchen Entry/Back Side of Laundry Room

Mold coming through wall


Mold on wall


Laundry Room

Mold

Mold


Leaking Uponor Fitting

Water running down PEX pipe with zinc oxide deposits, water spraying out between sleeve and pipe on bottom.


Leaking Uponor Fitting Fitting after extraction and dried out. Zinc oxide flaked off pipe after drying.


Zinc oxide from dezincification of solder joint and barbs.


Active Leak from Hawaii Condo

Leaking through the Barb


PEX Pipe

Leak paths of F1960-HAWAII CONDO

Water inside pipe

Leak Path Over/through the barb

PEX Sleeve


What Is Happening Outside Of Washington?

Lots Of Lawsuits!

• Our Consultant - 67 actions

• 10+ states-over 100 actions

• Several Pending class actions

• One 370 unit high rise case in Hawaii went to arbitration. The arbitrator awarded $4,833,402.80 for the cost of repiping, which worked out to slightly in excess of $13,000 per unit


● Four actions filed involving more than 500 units

plus four new actions in the works.

● In new cases, we are now investigating for plumbing

defects in conjunction with other defects, and

where applicable including them in CD claims

against the developer.

● We are also recommending Associations who have filed previous

construction defect claims investigate for plumbing defects, and

when applicable, file an action against the plumbing manufacturer.

What Is Happening With Yellow Brass Litigation In Washington with our Firm?


F-1807 Class Action Settlement is an example of the danger of National Class Actions and why Associations should not delay in investigation and pursuing Yellow Brass claims.

Danger of National Class Actions

● Under the class action settlement, the manufacturer will only replace the system if the project has experienced qualifying leaks in 30% or more of the units. ● In addition, there is a time limit on filing claims in the class action settlement. A claim must be filed by within 10 years of installation of the plumbing system, or December 26, 2013, whichever is longer.


What Do Our Experts Say?

“Given the observed corrosion of the removed fittings, the lack of an insulating passive layer being created both on the id and barb areas of these fittings, and a history of failure of such fittings in water of the type found in this project . . . . . that the PEX systems installed in this project will continue to prematurely fail. . . . these PEX systems must be replaced to avoid further catastrophic failures which failures will cause significant water damage to the units where they fail.”

“Given these fittings will leak into in the walls, ceilings and floors in which they are found and cause undetected mold growth recommends these PEX systems must be replaced to avoid undetected leaks and mold growth within the walls, ceilings and floor of the units where they are found.”

“Continue to Fail Prematurely . . . these PEX systems be replaced”


$ Cost of Repair


→ Do you have a project built or renovated between 2000 and 2010?

PEX piping with yellow brass fittings was the preferred plumbing system for projects built or renovated between 2000 and 2010.

→ How do you determine if yellow brass fittings were used at your Project?

You will need the assistance of construction experts. Usually this can be done by visual inspection. Typically we have been able to arrange for inspection without charge to Associations.


What Property Managers Should Be Doing With Respect to Yellow Brass

Why Be Proactive? → High likelihood of catastrophic leaks in the future. Better to deal with the problems before those leaks happen. → If you wait for leaks to occur, you may have lost your ability to make a claim against the developer or manufacturer. → Get help- The problems that you will be facing if your project has yellow brass fittings are numerous and complex.


→ Your Association’s rights and remedies depend in large part on who the manufacturer of the fitting was and type of fitting used.

→ If your claim is part of a pending class action you need to know if you can and should opt out of the class or how to make a claim as part of the class settlement. → To protect Association rights, hire a law firm that has experience in handling yellow brass claims.

What Property Managers Should Know About Rights & Remedies


potential problems with yellow brass plumbing fittings: what a

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