Still, giving Kier the benefit of the doubt for the moment and considering their ridiculous claim; Listen to Kier employees, Terri Muchmore and lead maintenance man, Kelly state that they found out about it, a few months after I bought the building, in this audio clip of a video taken during my meeting with Kier on November 30, 2009.
Note how Terri Muchmore practically falls all over herself to interject the claim, "Neither did we" in an attempt to make it appear as though Kier had just found out about the pipes also. Her attempt is so obvious, she all but cuts me off mid-sentence.
Also note how Kier's lead maintenance man, Kelly is so confident that he knows what I am leading up to, that he immediately offers, "Poly-Pipe" as the answer.
It is clear from from this sound bite clip, that Kier employees have been well coached on the answers they give when the questions pertain to the defective Polybutylene Pipe that they installed, not only in THIS building, but in several other, once Kier owned projects also, including The Browning Apartments @ 2703 Washington Blvd. Ogden, UT and The Revelle Apartments: @ 2485 Monroe Blvd. Ogden UT.
In trying to protect Kier from any liability, these two long time Kier employees, unwittingly established that not only did Kier know the pipes were defective, they also established WHEN they became aware of it. ("a few months after I bought the building") Nevertheless, Kier proceeded to repair 81 water leaks over the next 4 years and say nothing about it to me.
Kier violated fiduciary duty and their ethical duty to me under our contract, at the very least.
Given the facts, the more likely story here is that:
- Kier had always been aware of these defective pipes and the class actions against their manufacturer;
- Kier employees had been coached on how to respond, should the subject ever come up;
- Kier employees had also been instructed to deny all knowledge of these defective pipes, when simple lay persons were well aware of their existence.