SENATE MEMORIAL 136

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

William H. Payne

A MEMORIAL

REQUESTING THE OFFICE OF THE ATTORNEY GENERAL AND THE CONSTRUCTION INDUSTRIES DIVISION OF THE REGULATION AND LICENSING DEPARTMENT TO INVESTIGATE THE USE OF DEFECTIVE PLUMBING SYSTEMS IN NEW MEXICO HOMES THAT ARE THE SUBJECT OF CLASS-ACTION LITIGATION AND TO OFFER POSSIBLE REMEDIES FOR HOMEOWNERS.

     WHEREAS, many homeowners whose homes have defective plumbing systems are not aware of plumbing problems until years later, when a break occurs, causing burst pipes and water mains; and

     WHEREAS, in New Mexico, there is an absolute ten-year limitation on taking action for defective or unsafe conditions of construction projects; and

     WHEREAS, many homeowners whose homes have defective plumbing systems do not experience problems from those installations until after the ten-year limitation period expires; and

     WHEREAS, class-action lawsuits have been filed that sought to have the manufacturer and contractors who installed defective products reimburse residents and re-plumb entire communities; and

     WHEREAS, a settlement agreement has been entered into to be used for the benefit of class-action members to partially pay for the repair of buildings, homes, residences or any other structures with defective plumbing systems; and

     WHEREAS, there are no records of how many New Mexico homes built after 1995 had defective plumbing systems installed; and

     WHEREAS, there are no records that identify the location of homes built after 1995 that had defective plumbing systems installed or of homes built after 2005, when the plumbing products were identified as being defective; and

     WHEREAS, the remedies, if any, that builders have offered to homeowners whose homes have plumbing issues as a result of defective plumbing system installations are not known;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the office of the attorney general and the construction industries division of the regulation and licensing department be requested to investigate the use of defective plumbing products in New Mexico construction projects to determine:

          A. the approximate number of homes built after 1995 using defective plumbing products;

          B. the approximate number of homes that were built using defective plumbing products after 2005, when some products were identified as being defective;

          C. whether or not purchasers of those homes were commonly notified that their homes were constructed using defective plumbing system products;

          D. the approximate number of homeowners whose homes have experienced defective or unsafe conditions stemming from the installation of those plumbing system products; and

          E. remedies, if any, that have been provided to New Mexico homeowners whose homes have defective or unsafe plumbing system installations; and

     BE IT FURTHER RESOLVED that the office of the attorney general and the construction industries division be requested to determine whether homeowners whose homes have defective plumbing systems knew or should have known that the plumbing materials were defective or unsafe when the homeowner purchased the home, including real estate full disclosure requirements; and

     BE IT FURTHER RESOLVED that the office of the attorney general be requested to consider legal remedies for knowingly concealing defective or unsafe conditions relating to home construction projects; and

     BE IT FURTHER RESOLVED that the office of the attorney general and the construction industries division be requested to report on remedies, if any, that could be offered to affected homeowners, as well as possible statutory changes that would protect homeowners, to the appropriate interim committee of the legislature; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the attorney general, the superintendent of regulation and licensing and the director of the construction industries division of the regulation and licensing department.

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