John Weber, et al vs. Del Webb Communities              Clark County District Court Case No. 471095

     On November 14, 2004, this office filed a motion to certify as a class the approximately 1,950 homes that were removed from the Bernard Smith class action because they were past the statute of repose having closed escrow on or before July 17, 1991. To view a copy of the Affidavit of Bruce Mayfield in support of this motion, please see below.

     On December 11, 2006, Judge Allen R. Earl of Clark County District Court granted final settlement approval in this matter.  The final settlement terms were as follows:

1.  A $2,000,000.00 settlement fund was established and available to class members to repair the residences in the Class that developed an under-slab leak in their hot water under-slab copper pipe.

2.  Each qualifying residence received reimbursement for repairs to any under-slab leak in their hot water under-slab copper pipe.  Reimbursement was limited to no more than $5,000.00 per occurrence and in the aggregate.

3.  Money for such repairs was available until the settlement funds were fully exhausted.  If not exhausted by January 1, 2016, the funds were to be distributed equally to the remaining class members who had not yet submitted a claim for reimbursement.

4.  Class membership follows ownership of the residence.  Only the Owner(s) of record at the time of the failure or disbursement of the funds were eligible to submit a claim for reimbursement or receive a settlement check.  In instances where homes were owned by a trust, settlement checks were to be issued to the trust and not the trustees.

     To view a copy of the Order granting settlement, please see below.

     During the claims period, 342 homes were repaired out of the claims fund.  To view the list of homes that received repairs from the settlement funds, please see below.  Before the suit was settled, Del Webb made repairs to many homes.  To see a list of these homes, please see the Del Webb Repairs List below.

     The claim fund was disbursed in November of 2016 with 1,531 class members receiving a check in the amount of $250.48. To view a list of the addresses for which checks were issued, please see below.

     All sales of homes included in the class should disclose class membership. To view a post litigation disclosure statement, please see below.  

To view a copy of the homes included in the Class, please see below.  A very limited number of Owners decided they did not want to be involved in the case and opted out.  To view a list of the homes that opted out, please see below.