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Kitec Pipe Fittings at Sun City Anthem
Licensed in Nevada and California
Individual Representation for Defective Kitec Pipe Fittings at Sun City Anthem
Neal Hyman is representing numerous homeowners (19 Homes) in Sun City Anthem, which is located in Henderson, Nevada. They are being represented individually rather than a large class action which is pending in the Clark County District Court. He has served individual Chapter 40 Notices for each homeowner and each individual house. That is a great advantage for the homeowners as they each get individual legal representation and an individual say of how their claim proceeds and how it is resolved. However, they have the strength and unity of a group. Most homeowners want to give the builder/developer an opportunity to repair the houses properly. The main defect allegation is that Kitec water pipe fittings are defective. Based on expert opinions, including those of plumbing/mechanical engineers, general contracting experts and re-piping companies, there is a reasonable probability that the pipe fittings are defective or will fail in the future, if they have not already, and that repairs will be required if that happens. As such, experts on behalf of the homeowners have determined that the houses should be repaired using a proper and approved pipe fitting. The most feasible and economical way to achieve such a repair is a complete re-piping. The scope of repair can differ from house to house based on square footage, configuratation and upgrades. Costs could be increased due to hard to reach areas. The repairs could require relocating homeowners for several days (or weeks), protecting funishings and personal property and compensating them for living and lodging expenses. Also, drywall must be removed and replaced, re-textured and re-painted. Some homeowners have upgraded or custom fixtures and furnishings which must be protected or replaced. The builder/developer has proposed a partial and incomplete repair which does not include all the factors previously mentioned. Although those partial and incomplete repairs might be cheaper and easier to perform, it will not make the homeowners whole. Some re-piping companies have proposed using all copper pipes, which increases the costs.
The builder/developer has made a monetary offer of $7,800 to some homeowners who are part of the class action, and also the homeowners represented by this firm. Those offers, after a mediation, were rejected as being too low and unreasonable. In the opinion of homeowners and expert cost estimators on behalf of homeowners, that amount is insufficient to have the complete and proper repair performed. Also, they did not include all of the homeowners' Chapter 40 entitlements, e.g., attorney's fees, expert fees and costs. Further, the builder/developer has put homeowners in contact with two contractors (or subcontractors) who claim they can do the repairs for that amount. While that 'might' be true, we have heard these two companies do not have the employees or resources to repair so many houses in a reasonable period of time. Also, for the amount of money offered, homeowners might be precluded from hiring a licensed general contractor (reconstruction contractor) who is qualified and experienced in performing retroactive repairs to existing houses. There are many in town who have proven track records for these kind of repairs and this firm has contacts with all of them. Hiring one of them to perform repair work will take the burden off of homeowners to supervise, oversee, inspect, schedule and coordinate construction and will relieve the stress of not knowing whether two small contractors (or subcontractors) can do the job properly, efficiently and without damaging the house. The reconstruction general contractors mentioned are licensed with the Nevada Contractor's Board and have sufficient insurance, bonds, employees, subcontractors and resources to perform the work quickly, efficiently and competently. They have also been licensed in Nevada for many years as opposed to some companies which just moved here to perform Kitec repairs. Hiring a general contractor usually costs more than hiring individual contractors (or subcontractors) to perform piece-meal work over a long period of time, but the beneifits gained are substantial. The reconstruction contractors mentioned offer complete warranties and have service departments which respond quickly and without resistence or excuses. In the opinion of experts for homeowners, the money offered does not factor in different plan sizes and types, custom paint, wallcovering or moving mirrors/granite/marble.
The homeowners represented by this firm gave the builder/developer 90 days to inspect their houses and make a Chapter 40 offer, which could have included: completely repairing the house, paying a third-party general contractor (reconstruction contractor agreed to by the homeowners) to perform the work or monetary compensation, or a combination of all three. Only an insufficient monetary offer was made, one which did not include all of the statutory entitlements. The homeowners represented by this firm all wanted repairs, but they were not offered. A required mediation occurred. Those costs are paid by the builder/developer. Without any other option, the homeowners recently filed a lawsuit against their builder/developer.
Now that a lawsuit has been filed on behalf of 19 homes and their homeowners, it is separate and apart from the class action. By proceeding as individuals with this firm, the homeowners control their own claim and decide how it should settle or proceed. In addition to defective Kitec pipe fittings, some of the homes have other defects, e.g., roof, tile, weep screed, stucco and grading defects.
The class action involves various other communities totaling 35,000 - 50,000 houses, not just Sun City Anthem. Being individually represented by this firm helps protect individual rights, control of how the claim is handled and any settlement will be based on the individual situation and house and its unique characteristics.
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