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 CPRC to provide adequate verification of
the Installation Date of the PB Plumbing System?
If actual original installation documentation cannot be provided,
CPRC requires a form of verification to be provided. The original
Certificate of Occupancies, Building Permits, and information from
the original water authority showing the original activation date
would be forms of documentation that can be provided to CPRC. 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 with the CPRC in case leaks occur in the future?
No, it is not necessary to contact the CPRC unless the property
has experienced a polybutylene leak(s).
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We
currently have leaks at our property. Will CPRC send a plumbing
company to perform the repairs to these leaks?
CPRC will not send a plumbing company to perform repair work. 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
to the CPRC?
Any plumbing leak in a PB plumbing system, regardless of severity,
should be reported to the CPRC for evaluation.
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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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Are
the contactors which perform work for CPRC insured?
All plumbing companies that perform work under contract are required
to be licensed, bonded and insured.
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Can
the property use a local plumber that is not on contract with CPRC?
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. As
a standard of practice, CPRC will proceed to get bids from plumbers
that work with the CPRC. 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.
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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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Does
CPRC warranty the work performed by the Contractor who replumbed
units at our property?
Neither CPRC nor any of the Defendants or Released Manufacturers
warrants workmanship or materials of the contractor(s) performing
such work or the suppliers or manufacturers of the materials used.
A Settlement Class Member shall look solely to the contractor's,
suppliers' or manufacturer's warranties as the only labor or materials
warranty associated with this Agreement or the work.
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The
CPRC authorized plumber cut into wallpaper during the replumb. Who
is going to replace it?
The plumbers will provide CPRC with the samples of the wallpaper
from the affected units. At that time, CPRC 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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Even
though adequate protection was provided for the interior of units,
some dust remained after the replumb work. Will the CPRC cover for
a cleaning crew to come in and clean up the dust?
The terms of the Settlement will not provide for a cleaning crew.
The plumbers will make every effort to keep the debris to a minimum
by covering furniture and laying plastic, etc. Please review the
Scope of Work, and you may, at your own expense, decide to take
additional measures with regard to cleaning.
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The
plumbing company will need to access and make cuts in walls in other
units to replumb the eligible units approved by CPRC. 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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If
our property's claim has been denied or we are not satisfied with
a decision on the claim, what can I do?
Contact the Multi-Unit claim representative at 1-800-876-4698 to
discuss your claim. If you still are not satisfied that the claim
was handled per the terms of the Cox Settlement, the Multi-Unit
claim representative will inform you how to file a written appeal.
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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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