Sewer pipe manufacturer Building Products Co. LLC has filed a lawsuit in Maricopa County Superior Court alleging the City of Buckeye violated its development standards and gave Teravalis developer Howard Huges Corp. preferential treatment.
Building Products manufactures clay pipe. Buckeye approved the use of PVC pipe for use in the village of Floreo, which will be the first village built under Hughes’ Teravalis master plan. Building Products states the City code specifies the use of clay pipe.
Contractors generally prefer PVC pipe because materials are often less expensive and tend to be more durable than clay. Clay, however, is considered more environmentally friendly and, Building Products alleges, it usually requires less maintenance over time than PVC. Since maintenance falls upon the City, Building Products says the developer should choose the product that ultimately costs less.
Buckeye passed a resolution in 2020 setting clay pipes as the standard for projects in the city.
The City has asked the Court to dismiss the case, arguing that the City Engineer is empowered to approve alternate materials and requirement variances or to modify the standards at any time under the City code. In arguments, Buckeye’s attorneys stressed the need for flexibility in selecting materials, particularly in the face of recent supply chain shortages and long materials lead times.
It is unknown if Howard Hughes Corp. specifically requested a variance, and Buckeye has not said why one was given. Hughes has, however, stated it received approval from the City to use PVC pipes and that the move would save money on construction costs.
Buckeye’s attorneys have said Building Products Company does not have a valid argument because design standards are not binding guidelines. They also claim the company does not have legal standing to bring the litigation, since it is headquartered in California. Building Products has an Arizona factory and is registered with the Arizona Corporation Commission as an out-of-state company. It has worked in the Phoenix area since the 1960s and has performed work in the past for the City of Buckeye.
Maricopa County Superior Court Judge John Blanchard has said he will expedite his decision as to whether to advance or dismiss the case. (Source)