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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