Sunday, September 23, 2007

Straight Issues | Leaky-condo legal battle rumbles on | Straight.com

Straight Issues | Leaky-condo legal battle rumbles on | Straight.com: "Straight Issues Leaky-condo legal battle rumbles on Straight Issues Publish Date: July 19, 2007 The struggle of leaky-condo buyers is far from over. Take the case of Strata Plan LMS 1725 , owners of units at the Governor's Tower and Villas condominiums in Yaletown. It took no less than a B.C. Supreme Court ruling to allow them to retain an engineering firm to rehabilitate the buildings that suffered from water-penetration problems following their construction in 1994. Property developer Pacific Place Holdings Ltd . had objected to their hiring of RDH Building Engineering Ltd. on the grounds that the same firm had previously provided expert advice to the builder. In a July 12 decision, the court noted that the developer's application to disqualify the engineering company will not only delay the repair and hike costs but also 'increase the difficulties' of owners. This won't end the legal fight. The condo owners earlier sued the builder. The trial will start in January 2008, the 245 owners' lawyer, Robert Lesperance , told the Straight . At least 65,000 homeowners in B.C. have been affected by the leaky-condo problem, according to estimates by the Consumer Advocacy and Support to Homeowners Society. Society cofounder John Grasty noted that building tarps are visible across the Low"

Coalition of Leaky Condo Owners Home Page

Coalition of Leaky Condo Owners Home Page

Our Canadian neighbors to the north aren't exempt from leaky condo's; here's a great Blog from the Great White North!

Tales from downunder-Waterproofing Expensive townhouses

April Showers Waterproofing Pty Ltd - Waterproofing expensive townhouses:

I found this to be an interesting story; it's nice to see that we're not the only ones with water intrusion problems...

"Waterproofing expensive townhouses 339 Edgecliff Rd consists of a number of large townhouses set up in a terraced layout - all with Sydney Harbour and Rose Bay views. The complex was built in the early 1970s and is on the lower side of Edgecliff Rd, Woollahra. The buildings have had water penetration problems for well over 10 years with water entering in through the roof, the balconies and cavity walls. The Body Corporate engaged a forensic architect who specialises in remedial work to advise them on the best way to solve the buildings problems. The architect developed a staged plan to bring the building up to scratch over a three-year period. Because of the high value of the townhouses and the fact that many previous waterproofing attempts had failed, the water leakage problems were among the first issues addressed. The architect recommended a PVC waterproofing system be used to waterproof the flat roofs, balconies and to replace the defective cavity flashings. PVC was chosen because of its total reliability and track record in waterproofing structures where other systems had failed. April Showers Waterproofing Pty Ltd, experienced sheet PVC applicators and licensed builders, was awarded the contract to carry out the waterproofing and associated works. After waterproofing the roof are"

ArchitectureWeek - Building - SoCal Concrete - 2007.0516

ArchitectureWeek - Building - SoCal Concrete - 2007.0516: "SoCal Concrete by Michael Chusid The Rice Residence, on a hillside above Los Angeles, expresses an idyllic Southern California lifestyle with daylight saturating every room, a floor plan that encourages casual indoor-outdoor living, and spectacular views of the Pacific Ocean in the distance. While some buildings demand to be the center of attention, this structure defers to the natural beauty of the landscape and the activities of its occupants. It's not until the ebullient homeowner, Ed Rice, says, 'Come on, I want you to see the roof!' that a visitor realizes the structure of the building is as exciting as its architecture. There is no doubt about it — Edward K. Rice, FACI, is a concrete man. Not only has he been granted 19 patents in concrete and construction technology, but he also co-founded and served as president of T.Y. Lin & Associates — an engineering firm known for concrete innovation. Rice has also owned a concrete construction company and taught engineering and material science at the University of California, Los Angeles. He even has a fully equipped concrete laboratory in his basement, where he continues his quest for improved concrete. So in 1963, when it came time to build a home for his growing family, it was only natural for Rice to apply all-concrete construction "

Residential Contractor Magazine

Residential Contractor Magazine: "Waterproof Decks Waterproof decks and coatings demand careful selection by builders who want to avoid litigation."

Builder and Developer's Tips to Compelling Arbitration in Construction Defect Claims

Builder and Developer: "Tips to Compelling Arbitration in Construction Defect Claims By adding the appropriate language to contracts, homebuilders have the ability to compel arbitration in many construction defect claims, providing a valuable alternative to litigation. by John E. Bowerbank Often homebuilders are surprised to learn that under California law, a home purchaser can willingly and voluntarily enter into an agreement with the homebuilder for binding arbitration of construction defect claims, but later decide to avoid the arbitration provision and sue the homebuilder in California courts. Section 1298.7 of the Code of Civil Procedure specifically allows a home purchaser to opt out of arbitration and file suit in the courts. If California law applies to the arbitration provision, a builder cannot successfully compel binding arbitration after a homeowner files a lawsuit in the California courts. The million dollar question is whether there is a way to circumvent California’s law against compelling arbitration in construction defect lawsuits. The answer is “yes,” provided a builder can demonstrate that the real property purchase involved “interstate commerce.”"

READ THE REST OF THIS ARTICLE AT BUILDER & DEVELOPER MAGAZINE BY CLICKING THE LINK ABOVE

Saturday, September 22, 2007

JLC Live Events

Hanley Wood - Ideas to build on.™: "As the established leader in live, hands-on construction education, JLC LIVE provides the perfect showcase for this high-growth residential construction market fueled by strong housing starts and aging baby boomers with more disposable income. * Timely conference programs, hundreds of action exhibits, hands-on technical demonstrations and how-to workshops attract thousands of industry pros who attend JLC LIVE's regional shows each year to learn how to use new materials, tools, and technologies—live on the Expo floor. * Delivering the most relevant information, education, and training in the industry, JLC LIVE features many new topics, speakers and demonstrations—all designed to provide owners, managers, and key personnel with vital information to increase productivity and profitability throughout your business. * Presented by: JOURNAL OF LIGHT CONSTRUCTION, TOOLS OF THE TRADE, and REMODELING magazines. JLC LIVE New England Exhibits: March 28-29, 2008 Conference: March 26-29, 2008 Rhode Island Convention Center Providence, R.I. JLC LIVE Southern California Exhibits: May 15-16, 2008 Conference: May 13-16, 2008 Long Beach Convention & Entertainment Center Long Beach, Calif. JLC LIVE Midwest Exhibits: Oct. 9-10, 2008 Conference: Oct. 7-10, 2008 Minneapolis"

Deck Industry Association's Deck Expo 2008

Welcome to the Deck Industry Association Web Site: "DECK EXPO '08 UPDATES: Save the dates for DECKEXPO 2008 to be held at the Orange County Convention Center - March 5th & 6th."

ASTM standards for moisture testing concrete

ASTMstandards: "ASTM Standards & Practices for Calcium Chloride Testing The American Society for Testing & Materials is composed of a group of individuals from various professional backgrounds who collaborate to be the foremost developer and provider of voluntary consensus standards. In relationship to concrete floor slab testing, the ASTM has recently published two standards which are to be followed in order to obtain meaningful testing results for the purpose of floor covering and coating installation over concrete slabs. These Standards are property of ASTM and can be purchased for a nominal fee directly from their website using a major credit card. Documents or Standards can be mailed, faxed or downloaded in an Adobe PDF document format. E-1907-04 Standard Practices for Determining Moisture-Related Acceptability of Concrete Floors to Receive Moisture-Sensitive Finishes. F-1869-04 Standard Test Method for Measuring Moisture Vapor Emission Rate of Concrete Sub-floor Using Anhydrous Calcium Chloride. The E-1907-04 document describes all the major tests commonly used for concrete floor slab testing. This includes the calcium chloride test. The F-1869-04 document describes only the calcium chloride test. As of March, 2003 the two documents are being handled by one committee."

BOMA 2008 Convention - Conference, Office Building Show, Medical Office Buildings Seminar, Buildings Magazine

BOMA 2008 Convention - Conference, Office Building Show, Medical Office Buildings Seminar, Buildings Magazine

PCBC 2008

PCBC 2007: "PCBC® 2008 Pre-Conference: Tuesday, June 24 Main Conference: Wednesday-Friday, June 25-27 Exhibit Halls: Wednesday-Friday, June 25-27 Exhibit Hall Hours Wednesday, June 25 | 10:00am - 5:00pm Thursday, June 26 | 10:00am - 5:00pm Friday, June 27 | 9:00am - 3:00pm The Moscone Center (home of PCBC) 747 Howard Street San Francisco, CA 94103 Directions | Parking San Francisco Information Weather | Visitors Information | Dining Reservations"

the Building Industry Show 2007 • November 15th & 16th • Long Beach Convention Center

the Building Industry Show 2007 • November 15th & 16th • Long Beach Convention Center

World Of Concrete 2008

WOC 2008: "With more than 900,000 net sq. ft. of exhibits occupied by 1,739 exhibitors, and professional registrants of 91,628, World of Concrete 2007 was the largest show in its 33-year history! This year, WOC 2008 promises to bring you an even bigger and better show with all of the production equipment, handling tools, trucks, the latest technologies, 90-minute and 3-hour seminar programs, indoor & outdoor events & demonstrations, resources and valuable information for the concrete and masonry industry professionals."

Wednesday, September 19, 2007

Sound Home Resource Center-Topic

Sound Home Resource Center-Topic: "WATERPROOF DECKS When I drive up to a home with a waterproof deck I know that some very special attention will have to be payed to the parts of the house associated with that deck. Most roofing products are not intended for foot traffic and can be easily damaged by improper use. Over the last few years, a number of decking materials intended for foot traffic have been developed and successfully used to build decks that also act as a roof. Waterproof decks require the very best construction practices and the most careful attention to detail. 'B+' grade work is all too likely to fail and cause damage to the structure of the property."

Read more at Sound Home Consultant!

CAI Law Reporter - September 2007

While this case involved a roof, it could easily be a deck over a living space...read on, I wrote in DECK in exchange for Roof...


Business Judgment Rule is not Defense in Breach of Contract Claim

Anderson v. Nottingham Village Homeowner’s Association, Inc., 37 A.D. 3d 1195, 830 N.Y.S.2d 882 (2007)

Powers of the Association: The business judgment rule neither constitutes a defense to a breach of contract claim nor protects an association from liability where an association is contractually obligated to maintain property, even though individual unit owners are responsible for interior damage.

Mary Ann Anderson and her mother owned a townhouse in a cooperative managed by Nottingham Village Homeowners’ Association (“association”). A leak in the DECK roof above the Andersons’ townhouse caused mold growth in the interior of their townhouse, which caused damage to the property and health problems for the Andersons. Mary Anderson sued the association for its failure to repair the unit’s DECK properly. The association’s Maintenance Responsibility Policy placed responsibility for DECK maintenance on the association but also provided that individual unit owners would be responsible for interior water damage.

After Mary Anderson asked the court to add her mother as an additional plaintiff and seek damages for property damage and health problems arising from mold growth in the apartment, the association moved for summary judgment, arguing that the business judgment rule insulated the association from liability for failure to repair the DECK properly. The trial court denied Anderson’s motion and granted the association’s cross motion. Anderson appealed.

The business judgment rule bars judicial review of the reasonableness of decisions made by the managing board of condominiums or co-ops if the board acts within its authority, its action has a legitimate relationship with the purposes of the association, and there is no showing of bad faith, self-dealing, fraud, or other misconduct. However, as in this case, where the issue was breach of contract, the court determined that the business judgment rule did not apply and did not protect the association from liability for its alleged breach of contract.

The court affirmed that Anderson had contractually assumed responsibility for interior water damage resulting from a leaky DECK but concluded that the trial court abused its discretion in denying Anderson’s motion and her mother as an additional plaintiff. Stating that leave to amend a pleading should be freely granted if the amendment was not lacking in merit and there was no prejudice to the nonmoving party, the court ruled that the proposed amended complaint sufficiently alleged the breach of a duty of reasonable care independent of the association’s contractual duties and resulting non-economic damages to set forth a separate tort claim.

However, the court denied Anderson’s motion to recover punitive damages because the association’s conduct did not rise to the level of a high degree of moral culpability manifesting a conscious disregard of others’ rights or constituting willful or wanton negligence or recklessness.

WESTCON Annual Symposium -Plaza and Deck Waterproofing

A Must Attend Event for those in the trade!

Western Construction Consultants

Plaza and Deck Waterproofing
A look at all aspects of plaza, walkway, and balcony waterproofing.

For: Architects, Engineers, Consultants, Waterproofing and Roofing Contractors, Specifiers,
General Contractors, Attorneys, Building Officials,
Project Managers

to register online click here

or

download pdf


DETAILS


DATE:
Thursday, November 1, 2007
Golden Gate Fields, Turf Club
1100 Eastshore Highway, Berkeley, CA 94710
(866) 928-7223

TIME:
Registration is from 7:30 to 8:00am.
The program will begin at 8:00am and end at 5:00pm.
Complimentary lunch provided
between 12:00 and 1:00pm

TUITION:
$250 for first registrant
$235 each additional registrant of the same company
$230 Westcon Members -additional registrant: $215
After October 25th:
$280 for first registrant and
$265 each additional registrant

Pre-register:
By Mail: 405 Phillips Drive
Penngrove, CA 94951
By Phone: (707) 792-1323
By Fax: (707) 792-1323
By Email: info@westcon.org
On Line: www.westcon.org

Walk-in:
You may register at the door if space is available. If you have not pre-registered, please call the day before the seminar to confirm there have been no location or schedule changes and space is available.

Refund Policy:
Refunds are available up to 5 business days prior to the event. Call (707) 792-1323. NO REFUNDS WILL BE GIVEN AFTER OCTOBER 24TH.

HIGHLIGHTS

* History of Horizontal Waterproofing.
* Types and Compositions of Waterproofing Products.
* Regulations and Codes relating to waterproofing.
* Surface Preparation and Detailing.
* Waterproofing flashing detailing.
* Balcony flashing detailing.
* Drains and Scuppers.
* Flood tests and why testing is required.
* Comparison of benefits and limitations of waterproofing and balcony coatings.

Format:

Live lecture format with mock-ups, PowerPoint graphics, text, and photographs. An outline of the seminar will be provided to the attendees for note-taking convenience.

Continuing Education Credit:
This seminar is a valuable opportunity to get the knowledge critical to keeping you up to date in your profession.

AIF Self Reporting Forms will be available at the check in table. Attendance certificates will be issured upon completion of the seminar.

SPEAKERS

MANFRED (Fred) HONECK: Is a Principal of Aquatech Consultancy, a pioneer in construction waterproofing material development as well as applications of liquid applied membranes systems and advanced industrial coatings. He is a registered professional engineer and construction consultant. Mr. Honeck has degrees in Coating & Resin Technology and Business Administration. He holds California state contracting licenses in “General Contracting”, Roofing and Waterproofing, Painting and Decorating and Flooring.

JIM STRONG: Consultant with Wiss, Janney, Elstner Associates with over two decades of extensive experience investigating and solving water leakage problems for a range of building components including roofing, plaza and parking deck waterproofing systems, facades, windows and below-grade walls.

RICK NORRIS: Principal of Norris Consulting Services, Mr. Norris specializes in roof coverings, wall waterproofing, elevated deck and window and door flashing systems and is an expert in the biological deterioration of wood in service.

PAUL GOETZ: Principal/Senior Consultant, with over 25 years of practical and diverse waterproofing and construction experiences in the areas of project management, contracting, specification preparation, estimating, and forensic consulting. He is an experienced forensic investigator and a licensed Roofing and Waterproofing Contractor in the State of California. He is a member of the Roof Consultants Institute (RCI), Construction Specification Institute (CSI), International Concrete Repair Institute (ICRI) and is recently Past President of the Western Construction Consultants Association (WESTCON).

CHRIS NELSON: Senior Consultant with Technical Roof Services, Inc., has 28 years experience with roofing, waterproofing, wall weather proofing of all types as a workman, general contractor, and as a consultant. Responsibilities are investigating problematic leakage and devising repair solutions of buildings of all type and systems.

TOM BUTT: President and Principle-In-Charge of Interactive Resources, a 30-year full-service architecture–engineering firm. He is a licensed architect and general contractor with extensive forensic architectural experience and more than 35 years of experience with the design of institutional, residential, commercial and public buildings.

MYLES F. CORCORAN: CEO of Myles F. Corcoran Construction Consulting, Inc. (MFC), a construction litigation, dispute resolution, construction design and management firm founded in 1990. He has been involved with the analysis of water intrusion issues as well as designing custom waterproofing details for commercial, residential and public buildings since 1982. Mr. Corcoran is a licensed general contractor, expert witness, certified building Inspector, arbitrator, and mediator.

Water destroy's deck's framing




So, I'm at a job inspection in Camarillo at this estate home. A General Contractor had called us in for estimating the costs of waterproofing the deck, after the framing was rebuilt.

Here are some pictures documenting the damage that can be caused by water intrusion into a buildings framing. Total estimate of damage-over 100k to fix. Pay a little now to inspect and repair or spend a lot to replace what could have been saved with due diligence!

TCNA - TCA Publications

If you waterproof decks for tile applications, you'd better have this in your library! Buy it today from Tile Council of America! No, sorry, we don't get any referral fees or commissions. We bought this book and simply suggest you do to!

TCNA - TCA Publications: "The 2007 version of the TCA Handbook for Ceramic Tile Installation provides specification writers, architects, contractors and installers industry-consensus detailed drawings and installation specification guidelines for 101 installation methods. The specification guidelines for each method include recommended uses, limitations, requirements, materials, preparation by other trades, movement joints and installation specifications. It references American National Standards Institute (ANSI) standards and American Society for Testing and Materials (ASTM) test methods. The 2007 Handbook features: + More than 300 updates + Significant changes in deflection language + All changes are marked with an '07' graphic + Includes Floor Covering Cost Comparison"

Monday, September 17, 2007

RCI, Inc.

RCI, Inc.: "2007 Symposium on Building Envelope Technology - November 8-9 Designing, Detailing and Specifying the Building Envelope of Today and Tomorrow Symposium Dates: Thursday, November 8, 2007 Friday, November 9, 2007 Location: Seaport Hotel 200 Seaport Boulevard, Suite 304 Boston, MA 02210 617-385-4000 Web site: www.seaportboston.com Technical Education for Building Envelope Professionals The Symposium on Building Envelope Technology is a two-day educational program offering cutting-edge information regarding design, construction, maintenance and repair of modern and/or aging older building envelopes. The event's open, inclusive environment encourages attendees to ask questions and stimulates dialogue. Speakers offer relevant solutions by referencing real-world examples and specific case histories. Each registrant will receive a comprehensive proceedings book detailing program information. Breakfast, lunch and breaks will be catered daily. There will be an informal social reception Thursday evening. Educational Programs Include * Using the Whole Building Approach to Design High-performance Buildings * Design Principles for Plaza Waterproofing Systems * Corrosion Assessment of an Office Building’s Aluminum Curtain Wall Components * Slate Roof Evaluation and Design Considerations * Wall Claddin"

Pacific Polymers

Pacific Polymers: "75 Million Dollar Home employs Pacific Polymers' ELASTO-DECK 5000X2 SYSTEM PORTABELLO ESTATE: On the cliffs near Arch Rock in Corona Del Mar, it’s up for sale for a cool $75 million – the second highest asking price in the nation. The roof is over 22,000 sq. ft. and due to the unique design, the architect specified their Elasto-Deck 5000 X2 system, which carries a Class 'A' fire rating."

Mer-Krete Systems/ Mer-Ko Materials a ParexLahabra company

Mer-Krete Systems/ Mer-Ko Materials a ParexLahabra company: "May 21, 2007 - We are pleased to announce that on May 31, 2007, Mer-Kote Products, Inc. will merge into it’s new parent company ParexLahabra, Inc. The merger is a further integration step following the recent acquisition of our business by ParexLahabra. - (Click Here for the full Press release) January 1, 2007 - ParexLahabra, Inc. Acquires Mer-Krete Systems/ Mer-Ko Materials ParexLahabra, Inc. is proud to announce the acquisition of Mer-Krete Systems/ Mer-Ko Materials a Torrance, California-based manufacturer of the Mer-Krete Systems™ line of waterproofing and crack isolation membranes, thin-set mortars, grouts, underlayments, and decking products. (Click Here for the full Press release)"

Friday, September 14, 2007

SB-800 & Decks has been published in Residental Contractor Magazine


Our article, SB-800 & Decks has been just published in the Summer Issue of Residential Contractor Magazine, a nationally distributed trade journal geared towards small and medium sized building contractors!

The article has been edited a bit from it's original length to reflect the audience reading the magazine-honing in on what builders and contractors need to be aware of in the deck waterproofing world.

While written for the California market, the basis for the article discusses the warranty's written by a manufacturer or installer, which except for state specific warranty laws, will generally apply in every state.

Free subscritions to Residential Contractor magazine can be had by following their links on their website-we recommend that you take advantage of a free subscription today.

Follow the link provided to read the article and start your free subscription.

Waterproofdeckcoatingadvice.com launches pay for advice web page.

I am getting so many requests for advice from all over the US, searching for help with their projects. Our web site is a resounding success, receiving thousands of hits per month and averaging over 2000 visitors per month. An average of 40-55% of our visitors are adding us to their "Favorites" bar to find us again easily.

With so many vistors, the questions seeking advice, information and help is increasing as well. I like helping you out, hearing the different issues and while it's fun to write back with answers and advice, it also takes a lot of time.

With some research and then time spent formulating an answer, it usually takes about 20-30 minutes time. As someone once said, "Time is Money". Well the Deck Expert needs to eat to folks and so we've launched a new page where readers who need advice can write to us with their questions and email us pictures so we can dispense advice.

I'm only charging $25.00 for email opinions, pretty inexpensive compared to making a costly mistake that becomes a leak or needing to be torn out and redone.

Save yourself some headaches and make a small investment for some good advice. It might be the best $25.00 you spent.

Wednesday, September 12, 2007

We were pleasantly surprised to see...


That our article on SB-800 and it's effects on deck coating warranties, is the feature article for ECHOJournal's September 2007 issue.

Kudo's to Oliver Burford for the fantastic cover picture and the lead in for the article! It's so perfectly an illustration of what Associations have (and other properties too!) laying on their decks-MONEY!

Spend a little maintaining them, or spend a lot replacing them.

Subscribe to ECHOJournal today, even if you are not in Nor Cal; ECHO's magazine brings it to the HOA community...Call them today at 408-297-3246 for your subscription. Tell Dorothy I sent you.

Check your CC&R's, see if you need to do inspections and documentation, call us if we can help-805-801-2380. We can help you write rules/regs for deck use, care and maintenance guidelines, inspections, we will save you money.

Wednesday, September 5, 2007

Should all deck coating systems installed in California be required to be "One Hour Fire Rated"?

Homes built in California today have many ways to resist fire-tile roofs, stucco exteriors, steel railings instead of wood, etc.

With the massive wild fires fires that California is experiencing, shouldn't our deck's be protected with coatings that have "One Hour" Fire ratings too? Fires are everywhere-Griffith Park in Los Angeles, the Zaca Fire, last years San Diego wildfires, Tahoe, the list goes on...

It's my philosphy that decks over living spaces are essentially roofs first, and decks to walk on second. Roofs are required to be fire rated and newly installed replacement roofs must be too.

However, in the case of decks, many decks that are being coated/waterproofed on new and rehab work are not receiving fire rated coatings-despite call outs on plans and specifications.

Should California pass a law requiring the installation of only one hour fire rated deck coatings? It would seem to make sense.

Your comments?

Tuesday, September 4, 2007

A Big Welcome to our new author!

Waterproofdeckcoatingadvice.com's blog is pleased to announce the addition of David DiBaggio of Masterseal, Inc. as one of our authors who will be contributing to our Blog from time to time.

Dave is a certified Crossfield/Dex-O-Tex applicator. Dave has been a sales representative for Crossfield, as well as Excellent Coatings of Vista CA and most recently as the Southern California area representative for Hill Brothers Chemical Companies Desert Brand Flooring & Decking division.

Dave's expertise in the field of waterproof decking has helped countless contractors (including myself!) solve their clients problems in the past. Now as President of Masterseal, Dave brings unparalled experience to his clients in the Orange County area for waterproof decking, stamping, epoxies and more.

We look forward to bringing you Dave's observations and thoughts as one of our authors!