Over the last 10 to 15 years it became common for condominium developers to use flexible plastic piping (for example PEX pipe) instead of metal piping for supplying water to fixtures and appliances in newly constructed or renovated condominium projects.

When such flexible plastic piping systems are used, brass fittings are needed to connect two pieces of pipe together, and also so that piping coming from the wall can connect with your water heater and other appliances.

All brass is made up generally of a combination of materials that includes among other things, zinc.  Brass that contains more than 30 percent zinc is referred to as yellow brass.

Q:

Is there a problem in using yellow brass plumbing fittings?

A:

Yes.  When exposed to water, yellow brass starts a chemical process called dezincification. The zinc component of the brass leaches out of the fitting, greatly weakening the fitting. The dezincification process can cause two basic problems for your plumbing system.  First, ribs around the fitting that hold the plastic pipe in place deteriorate, which can allow the pipe to become disconnected and water to flow unchecked into walls, ceilings, and the like; other similar problems such as cracked fittings, inoperable valves, and associated leaks can also occur.  Second, the dezincification process produces a residue that may act as a plug in the pipes which will restrict water flow and potentially damage appliances.

Q:

How serious are the problems caused by yellow brass plumbing fittings?

A:

It has only recently come to the attention of metallurgists that the yellow brass plumbing fittings that were used for installing flexible plastic water pipe are defective and cause plumbing leaks.  At Stein, Flanagan, Sudweeks & Houser, we are currently working with one of the leading metallurgists in this area on behalf of a number of our association clients. This expert is of the opinion generally that premature failure of a plumbing system using yellow brass plumbing fittings is inevitable.  How quickly the plumbing system will fail depends on a number of factors.

Q:

How can defective yellow brass fitting plumbing systems be fixed?

A:

Unfortunately, because yellow brass fittings connect pipes inside the walls of units, and are used to couple runs of pipe whenever the installed reaches the end of a spool, it is impossible to know exactly where all of the defective fittings are in a typical unit.  Therefore there is no easy spot fix.  In most yellow brass fitting cases, the associations are asking for the cost of repiping the entire project.

We are aware of one case in Hawaii where the association won an award for the cost of repiping an entire high rise condominium because of the yellow brass fitting problem. The expert we are using to support our yellow brass fitting claims here in Washington was also the expert used by the association in this Hawaii case.

Q:

How can we determine if yellow brass fittings were used at our condominium?

A:

Whether yellow brass fittings were used requires the assistance of construction experts.  We are recommending that all of our association clients whose buildings were built and/or renovated between 2000 and 2008 check to see if yellow brass fittings were used in their plumbing systems.

Q:

What should we do if we determine that yellow brass plumbing fittings were used at our condominium?

A:

Because failure of your plumbing system may be inevitable and repiping is expensive, we recommend that you hire an attorney experienced in prosecuting construction defect lawsuits to pursue claims against the manufacturer of the yellow brass fitting and possibly against the developer of your project and/or the contractors who installed the plumbing system.

Q:

What is your firm’s expertise in this area?

A:

Stein, Flanagan, Sudweeks & Houser is on the cutting edge of yellow brass plumbing litigation in Washington.  We are already working on a number of yellow brass plumbing fitting cases.  We are also working with experts to build a data base that will make these cases easier and more efficient to prosecute on behalf of our clients.