Written by: Jessica A. Goldfarb
As expected, the class action defect litigation is spreading. Just last week, Plaintiffs filed a motion seeking permission to add the general contractor and fire sprinkler installer into the pending suit arising from defective fire sprinkler systems using CPVC piping. Specifically, the Wind and the Latitude on the River condominium association Plaintiffs have named Suffolk Construction Company, Inc., and Summers Fire Sprinklers, Inc. in what many believe may be the biggest defect class action in history.
While CPVC pipe has been used for years in fire sprinkler installations, it has not been without some pushback from steel pipe manufacturers. They have all along claimed that the CPVC failure rate is alarmingly high because of compatibility and installation issues.
Fire sprinkler installers who have worked on larger condominium buildings may well become entangled in this growing litigation. All would do well to seek the guidance of a board certified construction lawyer.