Litigation Challenges Associated with a CPVC Sprinkler Water Loss Investigation

A multi-building apartment complex experienced leaks in the chlorinated polyvinyl chloride (CPVC) piping of its fire sprinkler system starting two years after construction. After five years of service, a dozen leaks occurred resulting in considerable water damage. Litigation ensued against the sprinkler system installer and other contractors responsible for installing fire-stopping materials.

Numerous inspections of the apartment complex and CPVC pipe samples removed from the apartments were conducted. A common theme persisted; each crack in the CPVC pipe was accompanied by the presence of a red fire caulk. Analysis of the red fire caulk demonstrated that it was incompatible with CPVC. The leaks were attributed to environmental stress cracking (ESC) due to the incompatible fire caulk.

To complicate matters, a yellow, compatible fire caulk was predominantly used on the sprinkler system. However, several contactors installed fire caulk resulting in the presence of multiple fire caulking materials throughout the facility. Furthermore, plaintiff’s expert advanced a hypothesis that solvent cement and the overall workmanship used to join CPVC pipe and fittings were contributing causes to ESC from the incompatible fire caulk.

In addition, a borescope examination revealed potential obstructions in the sprinkler heads due to the collection of debris, including flakes of solvent cement. This finding necessitated flushing of the sprinkler system and the replacement of 250 sprinkler heads.

In this presentation, experts for two co-defendants will recount many of the litigation challenges that they experienced, including: (1) pandemic-related issues; (2) tight deadlines; (3) establishing who did what, where, when, and with what; (4) estimation of the potential for future failures; (5) explaining the technical to the non-technical; (6) coordinating the opinions of multiple experts; and (7) defending against unsubstantiated technical claims.