Alabama and Texas NIBCO defective products $7.65M class action settlement

Alabama and Texas NIBCO property damage class action lawsuit settlement update:

• The Court granted final approval to this class action settlement Oct. 15, 2021.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

A $7.65 million Alabama and Texas NIBCO property damage class action lawsuit settlement will benefit certain consumers whose homes contain certain tubing, fittings, or clamps that may have leaked and caused property damage.

The Class in the Alabama and Texas NIBCO property damage class action lawsuit settlement is defined as any person who owns or has owned, at any time since Jan. 1, 2005, a residential structure constructed by D.R. Horton, Inc.-Birmingham (including but not limited to those for which the plumbing contracting was performed by or on behalf of Dupree Plumbing Co. Inc.) in the following cities in Alabama: Bella Vista, Bessemer, Birmingham, Calera, Chelsea, Cottondale, Hoover, Kimberly, Leeds, Maylene, McCalla, Montgomery, Northport, Odenville, Pinson, Pratville, Springville, Trussville, and Tuscaloosa; and/or by Continental Homes of Texas L.P. (including but not limited to those for which the plumbing contracting was performed by or on behalf of Christianson Air Conditioning and Plumbing LLC) in the following Texas cities: Boerne, Cibolo, Converse, Live Oak, Medina County, New Braunfels, Royse City, San Antonio, San Marcos, Schertz, Sequin, and Universal City, that contains or contained NIBCO’s tubing, fittings, or clamps — as defined in the settlement agreement — including with respect to both (a) and/or (b), their spouses, joint owners, heirs, executors, administrators, mortgagees, tenants, creditors, lenders, predecessors, successors, trusts and trustees, and assigns (“Occupant Persons”); as well as anyone who has standing and is entitled to assert a claim on behalf of any such Occupant Persons, such as a contractor, distributor, seller, subrogated insurance carrier, or other person who has claims for contribution, indemnity, or otherwise against NIBCO based on claims for qualifying leaks of the tubing, fittings, or clamps with respect to such residential structures. 

The Class also includes anyone who subsequently purchased or otherwise obtained an interest in a property covered by this settlement without the need of a formal assignment by contract or court order. 

Lists of the residential structures in Alabama and Texas are available on the NIBCO settlement website.

Excluded from the Class is any person (other than the named plaintiffs in this case) who, as of Oct. 22, 2020, had pending litigation in any court or tribunal against NIBCO asserting claims based on one of the products covered by this settlement. Other exclusions also apply.

NIBCO manufactures a variety of valves, fittings, and systems sold at retailers such as Mendards, Lowe’s, and The Home Depot, according to the company’s website.

Alabama and Texas NIBCO property damage class action lawsuit settlement claims

Class Members’ payments will vary, depending on the type of claim they file.

• Past Property Damage Claims: Claims based upon qualifying leaks that occurred between Jan. 1, 2005 and the settlement’s effective date. This type of claim must be submitted within 100 days after the effective date, though the settlement administrator may extend that period if good cause is shown. Eligible claimants making this type of claim will receive an initial payment of 50 percent of their reasonably proven property damage, with the potential for a supplemental payment up to 75 percent. The Claimant must have taken reasonable steps to limit or stop the qualifying leak’s effects.
• Future Property Damage Claims: Claims based on qualifying leaks occurring after the settlement effective date and before the end of the Claim Period, May 16, 2025. Such claims must be submitted within 100 days after the qualifying leak occurs, though the administrator may extend this if good cause is shown. Eligible claimants making this type of claim will receive an initial payment of 50 percent of their reasonably proven property damage, with the potential for a supplemental payment up to 75 percent. The Claimant must have taken reasonable steps to limit or stop the qualifying leak’s effects.
• Re-Plumb Claims for Claimants with Multiple Leaks: Eligible claimants who demonstrate their residential structure has experienced, or experiences before May 16, 2025, multiple qualifying leaks, each occurring in such a manner that replumbing all or part of the structure would mitigate future events, may request a payment related to a complete re-plumb of relevant NIBCO PEX tubing, clamps, and fittings. Such claims must be submitted within 100 days after the qualifying leak occurs, though the administrator may extend this if good cause is shown. The amount of the Class Member’s payment shall be calculated at a rate of $722.50 per plumbing fixture present in the residential structure. Eligible Claimants shall receive an initial payment of 50 percent of the Re-Plumb Calculation, with the potential for a supplemental payment up to 75 percent of the Re-Plumb Calculation. A schedule of qualifying fixtures and half-fixtures is available here. The settlement administrator will use this schedule in determining the amount of a claimant’s Re-Plumb Calculation. The Re-Plumb calculation shall also include calculation, where applicable and necessary, for replacement of the main water service line at a rate of $828.75. Alternatively, Class Members eligible for this type of claim have the option to choose a cash payment of $3,000 rather than a re-plumb; however, in doing so, they  must agree that they and their structure are no longer eligible to make any Future Property Damage Claims.

Repipe Specialists of Texas will be the preferred provider of re-plumbs in the relevant Texas communities, while MilesParker Group LLC will be the preferred re-plumb provider in Alabama.

Eligible Claimants who select their state’s respective preferred provider are required to follow an additional claim procedure detailed on the settlement website.

A final approval hearing in the Alabama and Texas NIBCO property damage class action lawsuit settlement will be held Sept. 9, 2021.

The deadline to opt out of or object to the settlement has passed.

Claim forms must be submitted no later than May 16, 2025.

Who’s Eligible

The Class in the NIBCO class action lawsuit settlement is defined as any person who owns or has owned, at any time since Jan. 1, 2005, a residential structure constructed by D.R. Horton, Inc.-Birmingham (including but not limited to those for which the plumbing contracting was performed by or on behalf of Dupree Plumbing Co. Inc.) in the following cities in Alabama: Bella Vista, Bessemer, Birmingham, Calera, Chelsea, Cottondale, Hoover, Kimberly, Leeds, Maylene, McCalla, Montgomery, Northport, Odenville, Pinson, Pratville, Springville, Trussville, and Tuscaloosa; and/or by Continental Homes of Texas L.P. (including but not limited to those for which the plumbing contracting was performed by or on behalf of Christianson Air Conditioning and Plumbing LLC) in the following Texas cities: Boerne, Cibolo, Converse, Live Oak, Medina County, New Braunfels, Royse City, San Antonio, San Marcos, Schertz, Sequin, and Universal City, that contains or contained NIBCO’s tubing, fittings, or clamps — as defined in the settlement agreement — including with respect to both (a) and/or (b), their spouses, joint owners, heirs, executors, administrators, mortgagees, tenants, creditors, lenders, predecessors, successors, trusts and trustees, and assigns (“Occupant Persons”); as well as anyone who has standing and is entitled to assert a claim on behalf of any such Occupant Persons, such as a contractor, distributor, seller, subrogated insurance carrier, or other person who has claims for contribution, indemnity, or otherwise against NIBCO based on claims for qualifying leaks of the tubing, fittings, or clamps with respect to such residential structures. 

Potential Award

Varies

Proof of Purchase

Receipts, leaked tubing, leaked fitting, leaked clamp, inspection report, bills of sale, purchase orders, builder or plumbing records, correspondence identifying tubing, fittings, and/or clamps in the property, report from plumber, engineer, architect or home inspector identifying tubing, fittings, and/or clamps in the property, builder, plumber or contractor letter stating upon personal knowledge that tubing, fittings, and/or clamps were used in the property, or photographs.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

05/16/2025

Case Name

• Matson v. NIBCO Inc., Case No. 19-cv-01137-RBF-JKP in the U.S. District Court for the Western District of Texas San Antonio Division
• Garrett. v. NIBCO Inc., Case No. 19-cv-01137-RDP in the U.S. District Court for the Northern District of Alabama Southern Division

Final Hearing

09/09/2021

Settlement Website

AlabamaTexasPEXSettlement.com

Claims Administrator

Alabama Texas PEX Settlement
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
info@AlabamaTexasPEXsettlement.com
855-976-0649

Class Counsel

Austin Tighe
NIX PATTERSON LLP

Robert E. Linkin
MUNCK WILSON MANDALA LLP

J. David Rowe
DUBOIS, BRYANT 7 CAMPBELL LLP

Kirby Farris
FARRIS, RILEY, & PITT LLP

Defense Counsel

J. Gordon Cooney, Jr.
Franco A. Corrado
MORGAN, LEWIS & BOCKIUS LLP

Kevin Kuhlman
LATHROP GPM LLP