FAQ’s on Kitec pipe replacement
Quantum The North Tower 2 website
11 Dec 2014

Discussion
Kitec piping was initially marketed as a corrosion resistant alternative to earlier fittings and piping made from copper. Kitec was recalled around 2005/2006 due to a tendency to corrode at an accelerated rate.

Kitec piping is no longer manufactured and has been the result of many lawsuits across North America.

Kitec plumbing systems are well documented and it is generally agreed that the failure of a Kitec piping is not due the construction of the piping, but instead it is affiliated with the excessive pressure that is exerted on the piping, resulting from restrictive flow and blockages.

Recommendations
The mechanical engineer believes that based on the industry experience with regards to Kitec piping, premature failure will occur in the future.

The rate of failure of the Kitec pipes will certainly increase over time as the condition of the piping and fittings worsens.

Based on the information above and the age of the piping, the Mechanical Engineer highly recommends that the Kitec piping be replaced. It is suggested to replace the Kitec piping with type “L” copper piping which will require access to each in-suite bulkheads and through the floor slab conduits.

“Uponor Aqua Pex” is a type of plastic pipe that has also been approved where piping is within the conduits inside the concrete floor slab to enable easy and quicker accessibility.

FAQ’s on Kitec Pipe Replacement
1.    What is the anticipated cost to retrofit each suite with new “L” Copper/Uponor PEX pipes?

•    One bedroom units between $5,000.00 – $6,500.00.
•    Two bedroom units between $6,500.00 – $8,000.00
•    Two bedrooms plus between $8,000.00 – $10,500.00

These estimates have been provided by M& E Engineering. These prices include the plumbing portion and drywall finishes which do not include finishes where tiles may have to be removed to access the piping.

2.    Will residents need to move out during the piping replacement?

Generally speaking, residents will not be required to move out during the piping replacement. Please note that furniture and furnishings will need to be moved away from the work areas that the plumbers require to access the piping. The work areas will consist of bathrooms, laundry room and kitchen, but the plumbers will be going through the entire unit in order to access these areas. The trades working inside the units will cover all flooring with drop sheets to help minimize any damage in the unit.

3.    What is the estimated timeframe to complete the piping replacement?

Retrofitting the Kitec piping with the approved Copper Type “L” and Uponor AquaPex (where applicable, usually in the floor slab through the existing conduits) is anticipated to be completed between 9 to 12 months for the entire building. It is estimated that each unit will take anywhere from one full day for the smaller units and up to 3 full days for the larger units.

4.    Could this expense to the unit owners be funded through the Corporation’s Reserve Fund?

Because this project falls within the unit boundaries and not the common elements, unfortunately it does not qualify as an expenditure from the Reserve Fund. The Reserve Fund can only be utilized for major repair and replacement of the Common Elements only.

5.    Given the solution the Board of Directors has come up with will we still be eligible to make an claim to the Kitec Class Action Settlement Fund?

Yes, a claim must be filed independently.

6.    Given that the Unit Owners will be paying into the Special Assessment in full, will the Corporation be filing the claim on the Class Action Settlement to recoup some of the monies back ?
Or will each Unit Owner be required to file an individual claim to recoup some of the monies back?

The Corporation will not be filing the claim on behalf of each unit owner. Each unit owner must file their claim individually.

7.    If the Unit Owner is to file the Claim, will the Board be providing all necessary information to us to support the claim?

The Corporation will be able to provide all related documentation to support the claim.
The Corporation does have proof that the Kitec piping system exist in each and every unit. As there have not been any failures or losses reported for Quantum 2, even though unit owners file a claim, the claims will be placed at the bottom of the list as priority is given to those who have experienced a loss.

8.    How do I apply for payment under the settlement (i.e. file a claim)?

To apply for payment under the settlement, you must submit a properly completed and timely Claim Form. (See attached copy)

9.    Who should file a claim?

Claims may only be filed by eligible persons defined as” all persons that own, have owned, lease, or have leased, and all those who have or may pursue claims through or in the name or right of them, buildings, homes, residences or any other structures in the United States and Canada that contain, or at any time contained, the Kitec System.

10.    What is the deadline for filing a claim?

The claims filing deadline is January 9th, 2020 which is 8 years from the effective date of the settlement.

11.    The Claim Form asks me to send in a piece of pipe. What if I don’t have one?

If you are unable to provide a sample, you can still send a claim form but you should state the reason why you cannot do so on your claim form and that will be considered with your claim. You should also send documentation showing proof of installation, repairs, or replacement of your Kitec pipe or fittings.

12.    I haven’t experienced a leak. Should I still file a claim?

Yes, you should still file a Claim Form. If there are sufficient funds remaining at the end of the claims filing period, you might be eligible for some compensation. How the funds are distributed at the end of the claims filing period depends on the sufficiency of the funds but will most likely be on a pro rata basis to all those who filed a valid claim.
If after you have filed a Claim Form, you experience a leak, you should file a second Claim Form with information regarding the leak and any related repair or replacement expenses.

13.    Can an insurer or other person with a subrogated claim, file a claim under the settlement?

Yes, insurers or other persons with subrogated claims can file a claim under the settlement. The insurer or other persons with subrogated claims must specify the property with respect to which the claim applies and provide documentation establishing that it can file a claim in respect of that property.

14.    What payments will I receive under the settlement?

Per the plan allocation, a payment will occur per each qualified leak experienced. The payment is approximately one half of the estimated costs to repair or replace the affected fitting or pipe. Payment amounts will be based on how the Kitec pipes fittings were installed. On your Claim Form you will need to specify whether the pipes are:
1)    Open and accessible
2)    Located behind drywall
3)    Installed in concrete

15.    If I am selling my property, what am I required to disclose to potential buyers and/or the subsequent owner?

The laws regarding the disclosure of information to potential buyers and/or subsequent owners may vary depending on the state or province.

If you have filed a Claim Form, you must advise potential buyers and/or subsequent owners that you have filed a claim and the terms of the release (as disclosed in the Agreement).

16.    Should plumbing be replaced if a problem has yet to occur?

Even if you have not had any repairs or damage, you should register yourself in the settlement by filling out and submitting a claim form.

You should continue to monitor your Kitec System. The first sign of failure for the fittings is a buildup of white residue on the outside of the fitting. The first sign of failure for the pipe is a blackening of the pipe and/or a bulging of the pipe. Typically problems occur first near the hot water tank in single family dwellings.

17.    Can a condominium association file a claim or does each owner/ unit need to file on an individual basis?

The unit owners would be responsible for the plumbing; therefore an individual claim form must be filed.


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