Homeowners file class-action suit against Del Webb

Grace Leong

Wednesday, July 18, 2001 | 11:07 a.m.

A group of Sun City Summerlin residents filed a class-action lawsuit Tuesday asking Las Vegas builder Del Webb Communities Inc. to replumb about 6,500 single-family homes with corroding underground pipes they claim were improperly installed.

The lawsuit, filed in Clark County District Court by Bernard Silver on behalf of the homeowners, said Del Webb has in general been making repairs since the problems emerged in 1995. But legal action is now being taken to ensure repairs are guaranteed by the builder even after the expiration of a 10-year statute of limitations for bringing construction defect claims.

Stan Bjonerud, one of the class plaintiffs, said the lawsuit is an attempt to protect Sun City Summerlin residents -- many of whom he said are living on fixed incomes -- from being saddled with substantial repair costs because Del Webb has to date refused to guarantee the repairs indefinitely.

"I'm a senior citizen. I don't have the luxury of additional income, so I don't want to be faced with a $2,000-$5,000 repair bill," Bjonerud said. "We're not asking for monetary damages, just for the houses to be fixed. We would prefer to reach a settlement rather than go through a jury trial."

Bjonerud, a retired mechanical engineer, said plumbing problems began when most of the 7,900-unit development's copper pipes, mostly installed underground, reacted with the alkali mostly found in desert soils. This caused the pipes to corrode and leak.

Bjonerud said only about 6,500 homes are believed affected because Del Webb, after the problem was discovered, switched to using an aluminum pipe coated with plastic on the interior and exterior, preventing corrosion.

"The plumbing is done according to city-approved plans and according to standard building practice," Del Webb spokesman Sean Patrick said. "We weren't aware of this problem at the time the homes were built. We've not turned down anybody for legitimate repairs."

Patrick said company records show only 276 homes were affected by the corrosion as of the end of June.

"This is not a construction defect, but a naturally occurring condition caused by the reaction between the copper pipe, soil and the material in the concrete," Patrick said. "If you have a couple of cavities , will you have all your teeth pulled? These damages are typically covered by homeowners insurance."