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MADISON - ST. CLAIR RECORD

Friday, April 19, 2024

Manufacturer given more time to answer complaint alleging faulty welding

A manufacturing company accused of defective welding requested more time to respond to a St. Clair County lawsuit.

Circuit Judge Robert LeChien granted defendant Mason Manufacuting’s motion for an extension of time to file an answer on Oct. 14. It was given until Nov. 4 to respond.

According to the complaint filed Sept. 5, plaintiff Nuplex Resins claiming it incurred more than $30,000 in additional operating costs when welding on a machine built by the defendant defaulted.

Mason Manufacturing was hired to build a pressure vessel with a jacket designed to allow temperature-controlled fluids to circulate without tainting the chemical reaction inside the reactor, known as a R-4 vessel, the suit states.

Nuplex ordered the machine from Mason after the defendant authorized that it was qualified for the job. Mason Manufacturing delivered the vessel to Nuplex on Jan. 2, the complaint states.

However, Nuplex claims soon after the installation, the hot oil running through the machine’s outer jacket had somehow mixed with the resin inside the reactor, which was attributed to cracks in the welding of the machine’s jacket, the suit states.

Mason Manufacturing agreed to repair the leaks, but it only took a few days for before new leaks were discovered.

“Further inspection showed that two additional welds in the bottom dish of the R-4 vessel had cracked,” the complaint states. “Mason offered no suggestions for dealing with the cracks and chose not to participate in the repair.”

Nuplex was forced to shut down the R-4 vessel on March 19 and decided to repair the issue itself. The repair was in excess of $30,000, the suit says.

Nuplex accuses mason Manufacturing of negligently failing to complete fusion of the machine, failing to complete penetration and including slag in the weld.

Nuplex seeks a judgment of more than $500,000.

LeChien scheduled a mandatory status conference for Dec. 10 at 9:30 a.m.

Raj N. Shah and Eric M. Roberts of DLA Piper in Chicago is representing the plaintiff.

John P. Cunningham and Denise Baker-Seal of Brown & James PC in Belleville represent the defendant.

St. Clair County Circuit Court case number 13-L-455

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