Division7Trafficcoatings.org is born...Plus an Open Invitation to Those in The Industry to Consider Forming and Joining a Trade Group

One of the things I want to see happen is manufacturer's and installers of waterproof deck coatings (known as Division 7-Traffic Coatings in the Construction Specifications Institute parlance), form a trade group of sorts, that comes together for the benefit of all of us in the industry who are seeking to make it a better industry to be in.

I envision a group that shares a dream of providing education, standards, certifications to the members of the group. Trade secrets are important and boundaries established of course, but think about the possibility of being able to be playing on a level playing field with your peers.

A trade group could also represent our unique interests to state and local officials, ensure building codes are followed and help shape the future of the deck coating industry! The possibilities are endless...plus, with a group, every member could vote on what the group should be doing and where it should go.

So I have, to start it off and get going, initiated a purchase of $10.00 to buy the domain name www.division7trafficcoatings.org, in order to preserve it for use.

I thought a name like Division 7 Traffic Coatings Trade Association would be suitable for such a group, with the main eligibility requirement for membership being that as a manufacturer or installer, you have to make or install Division 7 listed Traffic Coatings. Maybe membership to manufacturer's would be limited to those listed in the CSI or ICC-ES listings?

What does the community think? I've spoken with a couple manufacturer's who indicated a interest...a couple of installers too. What about the rest of you? Readers, take our poll please, and vote if you would support a trade group of deck coating manufacturer's and installers?

SCARY CLOWN AD ON CRAIGSLIST

Here's one of those ads I see from time to time on Craigslist and ZZStar.com, that just scare the shit out of me...20 years experience and no license?

When it comes to Waterproofing your home or deck, are you really going to put your faith and money on in a clown who has no license? I mean, c'mon, all the jobs he's mentioned are basically going to exceed $500 in labor and materials costs...which means as soon as it does exceed $500, Keith has broken the law.

What rights you have are basically gone since CSLB can do little against Keith, except arrest him, there's no insurance I'll bet either...god forbid Keith brings a "friend/employee" who accidentally falls off your deck, 15 feet to the ground...guess what sucker will be paying for the rest of their life for that persons medical care; as you may very well be found to be the employing party, and liable for workers comp.

Keith and guys like Keith are dangerous and could end up costing you more than you can ever imagine!

See CSLB's website for information on how to protect yourself against guys like Keith.



WATERPROOFING, DECK COATINGS, CAULKING, ALL LEAKS FIXED (South Bay)
Reply to: keithx1@earthlink.net
Date: 2008-07-30, 6:49AM PDT

Waterproofing services, no job too small, free estimates. 20 years experience in the waterproofing industry. We do all types of waterproofing, caulking, deck coatings, parking decks, balconies, magnesite repair and sealing, under tile membranes, below grade coatings and planters. All types of epoxy, urethane and acrylic waterproofing systems including Dexotex. Plywood, concrete, magnesite, block walls,windows and expansion joints are just few of the surfaces waterproofed on a routine basis. Decorative Epoxy Garage floor coatings also. Extremely competitive prices for quality work guaranteed. WINTER IS UPON US, RAIN IS COMING, FIX YOUR LEAKS BEFORE MORE DAMAGE IS DONE! Email any questions you may have or call my cell, Keith, 310-678-6765




* Location: South Bay
* it's NOT ok to contact this poster with services or other commercial interests
*
* License info: Unlicensed

PostingID: 775868014

Deck Expert Adds New Blog to Our Blog List An Uphill Battle

My Google alerts tools is a great feature; whenever a keyword I have added to my watch list is used, I get an alert about the results of that search.
Yesterday I got a new one on a Blog that was just started by a waterproofing/deck coating contractor in the Bay Area.
Since it's a long title, I won't repeat it, but basically it's the chronicle of a business owner who, like so many of us, got caught up in the frenzy of homebuilding, and before they knew it, are out on the back end of the ride, and have little palce to turn now that the building boom is bust...

A honest self examination by Roy Levinson of Acrotech Inc., this story could easily have happened to anyone, and has I'm sure to some who are hidden away, embarrassed or humiliated because of their circumstances. We will follow the blog and see how Acrotech does...we wish the Levinson family luck and hope they come out ok...

WR Grace Announces Quarterly Earnings

FROM the Baltimore Business Journal...

Chemicals giant W.R. Grace & Co. grew its bottom line by 22 percent in the second quarter, but said its Grace Davison division will raise prices as inflation weighs on profit margins.

W.R. Grace (NYSE: GRA) reported second-quarter earnings of $25 million, or 34 cents per share. In the same period last year, Columbia-based Grace earned $20.5 million, or 29 cents per share. Sales rose by 11 percent to $900 million.

...Grace saw some unexpected bright spots. Sales in its construction products division -- which includes roofing and materials used in homes, and concrete and other products used in commercial construction -- jumped by 6 percent in the U.S. from a year ago, driven by growth in waterproofing and fire protection products.

CLICK OUR HEADLINE TO READ THE WHOLE ARTICLE AT BALTIMORE BUSINESS JOURNAL

Life Paint's Decking & Decorative Seminar Draws a Crowd

Having seen at my local Miners Ace Hardware a flyer for Life Paints Life Deck decking and decorative finishes seminar, I made the effort to be there this morning at 10 am. Showing up a few minutes late, the parking was full on the lot and street for a block or more.

Arriving at the registration tent/table, I saw the sign in list and my eyes widened. There were a lot of names signed in, 2-3 pages at least...
Going to the demo area, there they were, over 80 attendees, watching Life Paint's masters show us the methods used to do decorative stamping, texture overlays, epoxy and decking/waterproofing.

I'm amazed because they got everyone to pay $25.00 to attend, including me! It must be the lunch they put on, because the line was long for the taco's that were being put together by 2 chef's as fast as they could go! My eyes said 4 tacos, and I ate them, but 3 would have done just fine.

I met a few people at Life Paint, re-aquainted myself again with Joe Devlin, met Ron Sibbrel and Bill Coleman and Maury Jessner. It was a great day all in all, cut short because i had somewhere else to be at 1:3o.

A Case That Construction Defect Lawyers Must Dream About....

I've seen headlines blaring big settlements before, and lawyers advertise what they've recovered in claims for clients, but this one in Texas (everything is big in Texas) is the biggest I've seen for a CD...read on and see what I mean.


Developers of a luxury high-rise condominium under construction on South Padre Island have sued architects, engineers and contractors for $125 million to repair their 31-story complex.

Ocean Tower L.P., a Texas Limited Partnership, sued Raba-Kistner Consultants Inc. of San Antonio; Datum Engineering Inc. of Austin; and Zachry Construction Corp. of San Antonio in 357th state District Court, claiming it will cost at least $25 million to straighten and repair the sagging high-rise, according to the lawsuit.

Representatives of the three companies that were sued declined on Wednesday to comment on the allegations.

Cameron County Building Inspector Noe Benavidez said in mid-June that construction had ceased at Ocean Tower because the building had a "settling problem," a defect confirmed by Domit Development of McAllen on June 19.

The building is outside the South Padre Island city limit, and is therefore under the jurisdiction of the county building department.

CLICK OUR HEADLINE TO GO TO THE FULL ARTICLE

Perma Crete Deck Coatings by Quality Systems, Inc is Now Listed at ICC-ES as an Evaluated Product for Use On Concrete

A new edition to traffic coating under Division 7 showed up recently; Using the newly revised AC-39,ICC-ES has just listed Perma-Crete as a covering for concrete decks...

The product was evaluated for Durability, Wind Uplift and Weather Resistance. Use in roofing applications is excluded, it is not for roof decks.

Read the report at ICC-ES's website by clicking our headline.

See their entire product line by clicking this link to go to Perma-Crete's website...

From Attorney Gary Kessler's Condo Court Blog...The Case of the Ocean View Deck Denial

Here's a very recent decision on a deck expansion that would impact a neighbor's view, so the ARC turned down the owners plans for expansion...we just added Attorney Kessler's Blog in today and I went to read some and this was the first article I saw...

FACTS. An Association’s architectural review committee (ARC) denied Mr. and Ms. Fox’s application to expand their deck because it would impair their neighbor’s ocean view. The Foxes sued the associaocean view decktion, arguing that their application should have been approved since the neighbor did not have any right to keep her existing view.

DECISION OF THE COURT. In the July 16, 2008 unpublished opinion of Fox v. Corniche Sur Mer Homeowners Assn., the California Court of Appeals ruled in favor of the Association.

REASONING OF THE COURT. The court reasoned that:

“[I]t was well within the discretion of the ARC to consider the impact of the improvement on existing ocean views. California law specifically authorizes common interest developments to grant an architectural review committee broad, subjective discretion to reject proposed improvements on aesthetic, artistic, or similar grounds.”

READ THE REST BY CLICKING OUR HEADLINE TO GO TO GARY'S BLOG

SoCAL RCI HAS SEMINAR ON THE NEW CODES Aug 18th. in SF

Click our headline to go to RCI So CAL's Website...and register!

So Cal Chapter of RCI, Inc.

Monday, August 18, 2008

2008 Calif. Building Code Update

San Francisco's Fisherman's Wharf

Roofing, Waterproofing and the Building Envelope

The new California building code, which became effective statewide on January 1, 2008, is based on the 2006 International Building Code and not the 1997 Uniform Building Code that we have all become accustomed to using for the last 10 years.

The new IBC and CBC have many specific changes that effect roofing, waterproofing and building envelope professionals. Most significantly, the old Codes generally required that the construction (builder) prevent water intrusion to the interior. The new Codes have been changed to make them more stringent and specific. Language has been added in the Codes that requires both "design and construction" to meet the intent of the codes, not just construction. As a result, the new codes shift more liability on the design professional, requiring them to properly design the building envelope systems. In regards to water intrusion and water damage, new codes include vapor barriers and vapor migration within an assembly. This seminar will include a side-by-side comparison between the old code and new code as related to roofing, waterproofing, exterior walls and building envelope systems.

RCI
Continuing Educational Hours (CEHs) from RCI 5

AIA
Learning Units (LUs) from the American Institute of Architects 5

Registration and Location
Registration Time: 12:30 pm Program: 1 pm to 7 pm
An afternoon break and a light dinner will be provided

Registration Fees:
RCI / AIA / CREIA Member: $100 Non-Member: $125

Parking: $17 plus tax

Location: The Holiday Inn Fisherman's Wharf
1300 Columbus Ave., San Francisco, CA 94133
Hotel Reservations: (800) 942-7348


To register, go to www.RCISoCalChapter.org

Questions call: 866/914-4RCI

OUCH! East Coast Waterproofer Owed Big Bucks on Stalled Project

Yeow, like a nightmare, the reality of the slowdown in real estate hit this east coat contractor in Charlotte; they are out $138,000 in unpaid work on a waterproofing job on a stalled condo...click our headline and read the story

In June, Virginia-based Building Logics Inc. sued, contending Verna failed to pay for services in furnishing a liquid membrane waterproofing system.

Building Logics claims $138,558.26 for work from Dec. 5 to Jan. 10.

From the Journal of Protective Coatings & Linings Newsletter-ARMY CORP of ENGINEERS SEEKS MFG'S OF MOISTURE CURE URETHANE COATINGS TO PARTICIPATE ..

OK ALL you deck coating urethane manufacturer's, it's time to see what your stuff is really made of; THE ARMY WANTS YOU!For it's version of URETHANE COATINGS SMACKDOWN! Bring out your best and the army will see what ya got...

Click our headline to go to the webpage...

Monday, July 14, 2008 Email this Article to a Friend | Add Comment

Manufacturers Sought for Coatings Study

The U. S. Army Corps of Engineers is seeking manufacturers of moisture-cure urethane coatings to participate in an evaluation program. The program will subject supplied coatings to the laboratory testing requirements of SSPC-Paint 38, SSPC-Paint 40, and SSPC-Paint 41. Manufacturers wishing to participate should contact Al Beitelman—tel: 217-373-7237; email: alfred.beitelman@us.army.mil.

ICC Issues Revised AC-39 Acceptance Criteria for Walking Decks

The first revisions in eight years to AC-39 have been approved and issued by ICC Evaluation Service (ICC-ES).

Many items have changed and been updated, applicants for walking deck surfaces for an ICC-ES evaluation report issued after June 1, 2008 will now have to meet the new criteria.

Click on our headline to read the new AC-39 criteria at ICC-ES's website...

From New Zealand Comes This Headline-LEAKY BUILDINGS AND LAWYERS. Hmm, I think I've heard that one before...

This sounds familiar, except for their proposed solution. Read on through some excepts, then click the headline to go to the webpage...


Leaky Buildings and Lawyers

It is reported that nearly 80,000 homes in New Zealand are affected by this crisis - and that is only the ones we know about. For every person affected, there is the ripple effect on his or her families and extended families.

Let’s looks at what happened in New Zealand that contributed to this crisis.

We decided that Mediterranean architecture looked cool and new homebuyers all wanted one. (Consumer demand). We failed to remember that NZ is not Mediterranean. It rains here quite a lot.

We started thinking about housing as a fashion statement and status symbol, rather than a need to be functionally satisfied.

It is not just the owners that are affected. It is the people who built these homes - usually in good faith. It is the architects who designed them to appeal to their customers. It is the public not yet affected who may become so by purchasing one of these properties. And, alternatively, there those who have homes that look like they might leak, but don’t, and so can’t sell them.

All these people are now facing at least inconvenience or at worst ruin. And in reality we are all as a society to blame, each and every one of us, including those who have never bought a leaky home, owned one and passed it on knowingly or unknowingly.

So while a growing avalanche of problems is emerging, who is profiting? Lawyers of course, plus the support expert witnesses.

You should all read Ben Elton’s book, The Other Eden. In this book a chapter describes a concept of “LFS” - Litigation Frenzy Syndrome. Elton describes a disaster in which those who were needed to save the people and solve the problem could not get to the site as lawyers seeking to get instructions from affected clients blocked the roads.

Sound familiar?

But have no fear, the lawyers will - like sharks - move on when the food runs out. Elton also described the first law of legal dynamics: “All litigation expands exponentially to consume the amount of money available.” The corollary being that all litigation stops when the money runs out.

Read the rest by clicking the headline...

From San Fernando Valley Business Journal-Architect Dean Vlahos Discusses the Value of Taking Pictures of Your Construction Job

This article dates back to 04, but is absolutely relevant today even more...
"A Picture is Worth a Thousand Words" you got that right. Digital film is cheap-take pictures of the details, the issues you have, write them down and file them with your contractor, architect, whoever, and cover your butt!

Begin article-
When it comes to construction litigation, a picture can be worth much more. As a Profession, we find our selves increasingly challenged by the legal community to provide services that can at times be viewed as beyond the Standard of Care. We therefore must be prepared to defend our performance in a court of law if and when the need arises. One easy way to contribute to our defense is by providing continuous photographic documentation of construction site activities.

Assume your contract is based on the AIA Document B 141--Standard Form of Agreement Between the Owner and Architect with the Standard Form of Architect's Services: Design and Construction Administration along with A201--General Conditions of the Contract. As Architects we have a responsibility to our Clients to insure their projects are being constructed in conformance with the approved Construction Documents through periodic field observations.

Those individuals responsible for performing Construction Administration Services should ask a few basic questions at the time of the field observations.

* What milestone construction activities are taking place at the time of the observation? (Foundation systems / walls / waterproofing systems)

* What is the quality of work being provided by the Contractor?

* Does the work in place conform to the design intent of the Construction Documents?

* When details have not been provided, does the construction meet the design intent of the documents?

* Are there areas of conflict with the coordination of the documents that should be photographically documented?

* Have materials been installed in such a way as to conform to manufacturer's recommendations so as not to void Warranty or Guarantee?

* What components of the waterproofing system are being installed that should be photographically documented?

* Are the approved shop drawings and submittals being followed?

CLICK OUR HEADLINE TO GO TO SF Valley Business Journal and read the rest of the article

San Luis Obispo Grand Jury Issues it's Report -"Building Permits-Process, Problems and Fiscal Implications

Citing over 50 cases filed over construction and remodeling problems, the Grand Jury issued a report on construction, permits and problems with the whole thing...read it all by clicking the headline/link.

Un-permitted projects and unlicensed contractors (or contractors operating outside of the scope of their license) are a deadly combination.

Verbal agreements are a no no.

Progress payments done as work is completed. Contractors cannot take more than 10% down on a contract, or $1,000, whichever is less. WARNING SIGN-any contractor who wants a 50% payment (or anything much over 20%) after "delivering materials and commencing work".

Read it at the grand jury website or learn more how to protect yourself with the CSLB's free guides and all available at their website

MER-KO Parex to Distribute Materials Through Allied/CADECO as of September 1st

MER-KO Parex announced in a letter to it's approved applicators that effective September 1, 2008, all of the Mer-Kote lines will be sold and distributed through

Allied Building Products in Southern California will have 13 locations selling materials and in Nor Cal,
The Cade Corporation (Cadeco for most of us)will be taking care of the applicators up there.

Citing costs and "exceptional market conditions", business manager Susan Foster said in the letter that Parex believes this will be the most convenient and cost effective manner to get materials to the end users.

As of 9/1, applicators who bought direct at the Torrance plant will be referred to the distributors for all materials, no exceptions.

From what we understand, listed applicators will not see an increase on pricing, over direct sales.

A Tribute to a Fallen Comrade

On Monday July 7th, Bob Rusk, a comrade in the waterproofing trade, passed away.

Bob worked for Pro-Coat Systems/Statewide Coatings of Orange CA as a Project Manager. I worked with Bob while an estimator for Pro-Coat and always found him to be helpful, friendly and well-liked by his peers in the industry. I saw Bob's big heart and the love and devotion he held for his son.

In talking with Ron Webber at Pro-Coat, he summarized Bob's life on this earth, saying "The world could use more Bob Rusk's." I couldn't agree more...Bob's friends and family at Pro-Coat will miss him greatly.

Bob's life will be remembered on (I'm told) Monday July 14th.

Rest in Peace, Bob. We will all miss you too.

Picture of the Week-When Stoners do AC Work

When stoners do ac work! yes that is a tire under this ac condensor unit at an HOA in Santa Clarita...

NEW FIRE CODES EFFECTIVELY BAN BBQ's FROM COMBUSTIBLE DECKS

Paying it forward-from ECHO's (Executive Council of Homeowners) newsletter-

Barbeque Ban

In 2007, California updated its Fire Code and adopted portions of the 2006 International Fire Code, including sections 308.3.1 and 308.3.1.1. Those sections effectively ban the use of open-flame cooking devices on combustible decks. This ban became operative on January 1st, 2008. The code is not available online, but you will find a copy of the code in most libraries. The sections read as follows:

308.3.1 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of combustible construction.

Exceptions:
1. One- and two-family dwellings.
2. Where buildings, balconies and decks are protected by an automatic sprinkler system.

308.3.1.1 Liquefied-petroleum-gas-fueled cooking devices. LP-gas burners having an LP-gas container with a water capacity greater than 2.5 pounds [nominal 1 pound (0.454 kg) LP-gas capacity] shall not be located on combustible balconies or within 10 feet (3048 mm) of combustible construction.

Exception: One- and two-family dwellings.

California associations may want to consider modifying their rules to conform to the updated code. In addition, association should contact their insurance agent to find out what impact, if any, this will have on association insurance coverage. Watch for more information about this subject in an upcoming issue of the ECHO Journal.

San Luis Obispo Condo Project Officially "Abandoned"

The setting sun outlines the empty, not even half finished condo's on the hillside of Rockview Place in San Luis Obispo. Evidence of sub-contractors stopped work in the middle of whatever they were doing-flashing and waterproofing decks, papering the building for stucco, empty frames for windows on some, and debris litters the site.

Newtimes, a weekly entertainment paper, not normally the breaking news soursce I look to for construction news, has an article this week written by Patrick Howe and Patrick Barbieri about Rockview being declared officially "Abandoned" by the City of San Luis Obispo.

The project is trapped between a rock and a hard place, no pun intended, after delayed building and a down turned market caused the project to crash when investors of the project stopped receiving payments.

My prediction that this will ebd up being a massive construction defect project will surely turn true if this project doesn't get in gear soon. It's rotting and wasting away in the suna and elements everyday.

AIA East Bay offers Green Roof Waterproofing/Drainage Course

Click our headlines to read the entire article at AIA East Bay's Blog-

AIA East Bay is offering on Thursday July 17th in Redwood City and all day course on greenroof waterproofing and (more important than waterproofing) drainage...

AIA members are eligible for continuing ed credit.

Designers and contractors should probably attend. Tell 'em we sent ya!

Excellent Article on Fire Tests of Roof Assemblies at UC Berkeley

Steven L Quarles has an excelelnt booklet about fire ratings and testing of....read it all by clicking our headline. Very good info and pictures of various fire tests to help you understand!

Click this link to see various images from UC Berkeley testing labs of decking materials from eon, trex and others. Very startling pictures are here...

CSLB Sting Snares Dozens of Crooked Contractors....

Dozens of Illegal Operators Caught in Redondo Beach Sting by Contractors State License Board

Elder Abuse suspect among those arrested in joint operation with Redondo Beach Police

REDONDO BEACH, CA — A man suspected of taking more than $100,000 from an elderly victim was among those nabbed by the Contractors State License Board (CSLB) in a sting operation that was conducted in cooperation with the Redondo Beach Police Department and District Attorney’s office this week.

Members of CSLB’s Statewide Investigative Fraud Team (SWIFT) posed as homeowners during the two-day operation on June 25 and June 26, 2008. The SWIFT team invited more than 50 suspects to the sting house, who bid on projects that included masonry, painting, concrete and rain gutters. When suspects offered bids over $500, they were cited. California law requires a state contractor’s license for home improvement jobs that are valued at $500 or more in material and labor. Thirty-two (32) of the suspects were given a notice to appear (NTA) for illegal contracting and/or illegal advertising.

Investigators gather their leads from illegal advertisements, consumer complaints, and tips from licensed, legitimate contractors. Santos Victorino Membreno, doing business as Victor the Plumber, had an existing CSLB complaint of financial elder abuse filed against him. He received an invitation to the sting, where he was booked on a warrant for driving without a license. The 43-year-old, of Los Angeles, was also cited for contracting without a license, illegal advertising, and illegally excessive down payments. (Business & Professions Code 7027.1(a), 7028(a), 7159.5(a) (3))

"Suspects who are caught in the Board’s sting operations usually have other legal problems," said CSLB Registrar Steve Sands. "Homeowners are taking serious risks when they use unlicensed people for work on their property. This latest operation emphasizes the fact that it pays to hire licensed contractors."

READ THE REST BY CLICKING OUR HEADLINE!

Waterproof Magazine

Hey! Finally, here's a magazine dedicated to waterproofing. They are giving away free subscriptions for a time, so click our headline to go to their page and sign up for your subscription.

WATERPROOF!, a full-color quarterly magazine, promises to become the information resource for all types of waterproofers.

Our readers include residential and commercial waterproofers, foundation contractors, and thousands of large roofing contractors. Our readership also includes architects, engineers, and specifiers who are looking for product information.

The stories and features in the magazine are geared toward hardworking contractors and small business owners who need relevant information, written in plain English, applicable to his business and jobsite.

We cover all aspects of the waterproofing industry—residential and commercial waterproofing, spray-on and sheet good. So whether your business or product is focused on below-grade work, roofing, or structural repair and foundation remediation, you'll find WATERPROOF! to be the best place to turn for information. WATERPROOF! is mailed to more than 10,000 interested readers throughout the U.S. every quarter.

If you'd like to request a sample copy or sign up for a year-long trial subscription, click here. If you'd like more information on how to advertise, click here.

Golden Eagle Ins. v. Crusader Ins. CA2/5 legal decision

Filed 6/5/08 Golden Eagle Ins. v. Crusader Ins. CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE


GOLDEN EAGLE INSURANCE COMPANY,

Plaintiff and Respondent,

v.

CRUSADER INSURANCE COMPANY,

Defendant and Appellant.
B195904

(Los Angeles County
Super. Ct. No. BC295619)


APPEAL from a judgment of the Superior Court of Los Angeles County.
Judith Chirlin, Judge. Reversed.
Snyder Dorenfeld and David K. Dorenfeld for Defendant and Appellant.
Law Offices of Glenn M. White and Glenn M. White for Plaintiff and Respondent.
_______________

Defendant Crusader Insurance Company appeals the judgment in favor of plaintiff Golden Eagle Insurance Company for equitable contribution. Golden Eagle succinctly summarizes the issue before us as follows: "In this action for equitable contribution or indemnity, the parties dispute an issue of first impression in the California courts: whether an insurer can obtain an equitable recovery for providing a defense under a third-party liability insurance policy against a non-participating insurer in a situation where the insurance companies dispute whether they insure the same entity." We answer that question in the negative, and so reverse the judgment.

FACTS AND PROCEDURAL BACKGROUND
Golden Eagle provided standard third-party liability insurance to Inland Waterproofing & Sheet Metal dba Suprastone, Inc., a waterproofing business owned by J.D. Randles and Allan Kalpakoff, during the period 1990 to 1991. Crusader issued policies providing the same coverage to Superstone, Inc. dba Randles Waterproofing & Sheet Metal, and J.D. Randles dba Randles Construction, purportedly owned by Mr. Randles alone, for the periods including most of 1992 and 1993.
In 1989 and 1990, Suprastone, Inc., the business operated by Messrs. Randles and Kalpakoff and insured by Golden Eagle, performed waterproofing work in connection with the construction of the Burlington Apartments in Los Angeles. In 1996, Suprastone, Inc. was sued for construction defects by the owners of the Burlington Apartments. Both Golden Eagle and Crusader participated in the defense of that action. Suprastone, Inc. settled that lawsuit for $275,000, with Golden Eagle paying $148,500 of the settlement and Crusader paying $126,500.
Subsequently, a series of construction defect lawsuits were filed against Golden Eagle's named insured, Suprastone, Inc., in Los Angeles Superior Court by approximately 180 tenants alleging personal injury and property damage as a result of their exposure to mold in the Burlington Apartments. Golden Eagle provided a defense to Suprastone, Inc. in these lawsuits subject to a reservation of rights letter dated July 25, 2000. Also in July 2000, Golden Eagle tendered the defense of the underlying tenant actions to Crusader, which denied coverage because Suprastone, Inc. was not its insured.

READ THE REST BY CLICKING OUR HEADLINE

PLI-DEK wins the Deck Expert's Contest

Having swiped my badge at a number of manufacturer's and vendor booths,
I always wonder when (or if) I'll get my requested information in the mail.

This years winner of my "Get the sales Lit into the customers hands>" contest is PLI-DEK, a manufacturer of deck coatings and epoxy. Monday morning I went to my PO Box and there was their package, already waiting for me...

Jan Bagnall, a partner in the firm explained-"We set up our swipe system so that every badge swiped gets electronically sent to our contact database at the home office. Our staff was assembling and mailing out the packages as the swiped cards came through."

Huh, pretty simple. And effective, I have their information to review, before any other deck coating manufacturer, before anybody else.

Pretty impressive.

A couple years ago I went and worked a booth of a manufacturer; the hours of time, the investment into the show and all the leads that came in went missing or unused somehow, and we ended up with nothing to show for it. They could take a good lesson from PLI-DEK, who certainly isn't wasting their money or time.

Olive's Driveway Restored

Olive is a 90+ year old who had looked at her poor cracked driveway for 25 years, wondering what to do with it...

She called Masterseal of San Clemente (949-355-5031) one day and Dave DiBaggio came over and looked at her job and said "Olive, This driveway doesn't need to be torn out, it needs to be fixed and an overlay put down."

So that's what happened, for a fraction of the cost (and time) to tear out the old, and pour a new slab.

Products used-Crossfield Products DEX-O-TEX Resistite.

Call Dave today for your free estimate!