Multi Unit FAQs
What is a Multi-Unit property?
Any dwelling or complex of dwellings that consists of five or
more units and/or a commercial property. Examples are condominium
complexes, apartments communities, and restaurants.
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Do I have to currently own the property
to make claim for repairs that were made during my ownership?
As long as you are an eligible Class Member, you do not currently
have to own and/or occupy the property to claim for expenses incurred
during the ownership period.
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If I purchase a property am I able to
claim previous leaks that have occurred at the property prior
to my ownership?
For a Class Member to receive relief as an Eligible Claimant,
the Qualifying Leak(s) or Qualifying Yard Service Leak(s) must
occur in the Unit during the Claimant's ownership of that Unit.
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What needs to be provided to provide
adequate verification of the Installation Date of the PB Plumbing
System?
If actual original installation documentation cannot be provided,
the settlement requires a form of verification to be provided.
The original Certificate of Occupancies, Building or Plumbing
Permits, First Settlement Statement or Deed, and information from
the original water authority showing the original activation date
would be forms of documentation that can be provided. Please note
that the above documentation will be required for each individual
building in a multi building property.
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Why is the installation date necessary?
Typically the plumbing system is installed at the time the property
was built. We must know the date of original PB installation in
order to determine a unit's eligibility for replumb under the
terms of the Settlement.
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How is a leak verified?
Adequate verification of a claimed leak will need to be provided.
Plumbing repair receipts, work orders, photographs of the leak
and/or repair and the actual failed part of the PB Plumbing System
are adequate forms of verification of a leak in the PB Plumbing
system.
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Is there a grace period for reporting
leaks on a Multi-Unit Property?
All leaks must be reported by the respective filing deadline.
A property should have all records in order when filing a claim.
Failure to report leaks in a timely fashion may deem those leaks
ineligible.
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Our property has PB plumbing in the units,
but they have not experienced any leaks, are we entitled to any
recovery?
No, per the terms of the Settlement, the unit must incur a qualified
leak(s) to be eligible for recovery.
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The property has not experienced any
leaks. Should the property file a claim in case leaks occur in
the future?
No, it is not necessary to file a claim unless the property has
experienced a polybutylene leak(s).
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We currently have leaks at our property.
Will I need to contact a plumbing company to perform the repairs
to these leaks?
The property will need to repair the leaks and retain all pertinent
verification that such a leak was experienced in the PB Plumbing
System.
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The leaks at the property are minor.
Should these leaks be reported?
Any plumbing leak in a PB plumbing system, regardless of severity,
should be reported.
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Is a cash settlement available instead
of replumbing eligible units at my property?
No. Cash settlements are not authorized under the Settlement.
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Can the property use a local plumber
that is not on contracted with the settlement company?
As the owner of property, you have the absolute right to use any
plumber you wish. However; The Terms of Settlement, in keeping
with established legal practice, provide that reimbursement shall
be based on Reasonable and Necessary expenses incurred
because of work done in the Usual and Customary manner.
Plumbers who are experienced in Replumbing have established the
usual and customary method of doing this. It is possible that
plumbers not experienced in this type of work will proceed in
a manner that results in costs that are excessive and not reasonable
and necessary. An example is needlessly cutting into walls or
tearing out tile. The property will also be required to supply
a copy of the bid proposal from the company of their choice. Otherwise,
you may not receive 100% reimbursement of your expenses. Properties
which choose to use their own plumbing company will be responsible
for making all arrangements. The property may be inspected prior
to payment being made. It is essential for the property owner
to hire a plumbing company who is familiar with polybutelene plumbing
and the removal processs.
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What is the PB Plumbing System in the
eligible unit going to be replaced with?
The plumbing system will be replaced with the product required
per the local plumbing codes. The plumbing system will be replaced
with a code approved material such as Type M copper, CPVC, or
a non PB equivalent. The property owner will have a choice when
code permits.
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The plumber cut into wallpaper during
the replumb. Who is going to replace it?
The plumbers will provide the settlement company with the samples
of the wallpaper from the affected units. At that time, they will
calculate an amount of compensation based on an average cost and
similar quality or authorize an additional inspection to be performed
by Crawford & Company. Once finalized, a compensation check
will be forwarded to the property owner to get the wallpaper replaced.
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The plumbing company will need to access
and make cuts in walls in other units to replumb the eligible
units covered under the settlement. Are these units going to be
replumbed also?
Access to units to replumb other units is very common in a multi-unit
structure. The access cuts will be repaired as part of the replumb
process. These units will not be replumbed as they are not eligible
units under the class.
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Are water bills a covered expense under
the Settlement?
Leak expenses are the reasonable and necessary unreimbursed costs
for repairing qualified leaks (including repair of access damage)
in the PB plumbing system and any physical damage to such claimant's
tangible property directly resulting from a qualifying leak. Water
bills do not represent damage to tangible property and therefore
are not reimbursable expenses under the Settlement.
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Apartments:
We have experienced a leak in a unit
in our building. Will the PB Plumbing System be replaced in the
entire building?
The PB Plumbing System is replaced on a Unit-by-Unit basis. Each
Unit would need to experience the required qualified leak(s) to
be eligible for the replacement of that Units' PB Plumbing System.
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I am an apartment owner and my tenants
have sustained damages to their personal belongings. Can my tenants
claim these damages with the CPRC?
Tenant expenses are not covered under the Settlement. Tenants
are not a Class Member and are unable to receive relief from the
class.
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We have loss of rent due to recent tenant
vacancy and have compensated those tenants that have experienced
inconveniences during the repairs. Can these expenses be claimed
under the Settlement?
Loss of rent and compensation to tenants are not tangible property
and not covered under the class.
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The leaks have caused damages to the
carpet, floors and walls in my apartment community. Can these
damages be claimed under the Settlement?
Damages to tangible property due to a qualified and verified leak
will be inspected and reviewed for eligibility.
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Is there a time frame to file for repairs?
The filing deadline for apartment communities is 14 years from
the original date of PB plumbing installation. Please keep in
mind that this is a filing deadline. The leak(s) must have occurred
within 13 years of the original installation of the PB plumbing
system to be considered for eligibility.
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Must I complete a new Claim Eligibility
Form (CEF) for every leak at the property?
An additional CEF is not required to claim additional leaks. A
Multi-Unit Supplement form accompanied the CEF that was used to
file the initial claim. This supplement form is to be used to
claim additional leaks within the apartment complex. Please contact
the CPRC to obtain a copy of the supplement form.
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Condominiums:
What determines the 13 year or 16 year
eligibility period?
This is based on the type of fitting used in the PB Plumbing System.
With respect to a PB Plumbing System composed of PB pipe with
acetal insert fittings, a leak would have to occur within 13 years
after the Date of Installation of such PB Plumbing System. If
such system has metal insert fittings, a leak would have to occur
within 16 years after the Date of Installation of such PB Plumbing
System.
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Can a Condominium Association make a
claim to handle all units within the condominium community?
If a Condominium Associations' involvement includes the handling
of repairs to the PB Plumbing System and tangible property in
units due to leaks in the PB plumbing system, CPRC would prefer
dealing directly with one representative from the respective Condominium
Association and/or Management Company.
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I rent my unit and my tenants have sustained
damages to their personal belongings. Can my tenants claim these
damages with the CPRC?
Tenant expenses are not covered under the Settlement. Tenants
are not a Class Member and are unable to receive relief from the
Class.
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The leaks have caused damages to the
carpet, floors and walls in my unit. Can these damages be claimed
under the Settlement?
Damages to tangible property due to a qualified and verified leak
will be inspected and reviewed for eligibility.
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I made a claim with my insurance carrier
for the damages from the leak. Is my insurance deductible an expense
that I may claim under the Settlement?
A copy of the loss documentation provided from your insurance
carrier will be required to for review. The deductible will be
reviewed for potential reimbursement.
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I cannot be expected to stay in my condominium
without water during the replumb. Will the Settlement allow compensation
for me to stay in a hotel?
The terms of the Settlement do not provide for the cost of a hotel.
As outlined in the Scope of Work, the plumbers will have water
restored to at least the minimum fixtures by 6:00 p.m. each day.
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I have damages to my unit due to an
adjacent unit experiencing a leak in their PB Plumbing System.
Will CPRC reimburse me for the damages in my unit?
As long as you are a valid Class Member and have incurred damage
to tangible property located in your unit as a result of a Qualifying
Leak not in your unit, you shall be an eligible claimant. The
damages to tangible property will be inspected and reviewed for
possible reimbursement.
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