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From the ground down: Waterproofing from the ground down
| January 21, 2010 | Mer-Ko Decorative Coatings & Accents Location: Allied Building Products, 1244 N Anaheim Blvd., Anaheim, CA 92801 (9am - 11am) |
| March 11, 2010 | Mer-Ko Fundamentals of Waterproofing Deck Systems Location: Parex USA, Inc. / Mer-Ko, 4130 E La Palma, Anaheim, CA 92807 (8am - 2pm) |
| March 25, 2010 | Mer-Ko Decorative Coatings & Accents Location: Allied Building Products, San Diego, CA (9am - 11am) |
| May 6, 2010 | Mer-Ko Decorative Coatings & Accents Location: Allied Building Products, 1606 Hamner Ave., Norco, CA 92860 (9am-11am) |
| June 10, 2010 | Mer-Ko Decorative Coatings & Accents Location: Parex USA, Inc. / Mer-Ko, 4130 E La Palma, Anaheim, CA 92807 (8am - 2pm) |
| September 9, 2010 | Mer-Ko Fundamentals of Waterproofing Deck Systems Location: Parex USA, Inc. / Mer-Ko, 4130 E La Palma, Anaheim, CA 92807 (8am - 2pm) |
| December 9, 2010 | Mer-Ko Annual Round-Table Location: Parex USA, Inc. / Mer-Ko, 4130 E La Palma, Anaheim, CA 92807 (8am - 2pm) |
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Exterior Home Improvement Cost Guide
The legal waters swirling around construction defect claims have gotten murkier for both residential and commercial contractors due to a recent decision by the Oregon Court of Appeals.
In Abraham v. T. Henry Construction Inc., et al., a residential construction defect case, the court tried to clarify when a contractor can be sued for negligence. The main issue was the statute of limitations, which is longer for a negligence claim than a breach-of-contract claim.
In a 2003 case, Jones v. Emerald Pacific Homes Inc., the appeals court ruled that an owner who had a contract with a contractor could sue for negligence if the contractor had violated a standard of care that was independent of any contractual duty. This non-contractual duty is called a “special relationship.” In Abraham, the court held that, among other things, a contractor’s responsibility to comply with applicable building codes creates the type of special relationship necessary for a negligence claim, according to a case summary by Portland law firm Stoel Rives.
Eric Grasberger, a Stoel Rives attorney who represents owners, developers, designers and contractors, said that prior to the Abraham decision, owners could make a strong case for the existence of a special relationship because owners must trust contractors to carry out certain “means and methods” of construction.
“You can’t be there to watch them hammer every nail or put every shingle on the roof, so the owner trusts the contractor to do that,” he said.
Generally, negligence claims would go to trial so a jury could determine whether a special relationship existed. The benefit of going to trial is that most cases settle before ever reaching a jury, Grasberger said.
However, the Abraham decision weakens the special relationship argument, a detriment for owners. It also allows owners to file negligence claims based on breaches of state building codes, which could bode badly for contractors, he noted.
“Most defect cases, 90 percent of the time, are water intrusion cases. I don’t think it’s too hard to show a breach of the Oregon uniform building code in most water intrusion cases,” Grasberger said.
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Reprinted from
Davis-Stirling.com by Adams Kessler PLC
MORE LIABILITY FOR HIRING
UNLICENSED CONTRACTORS
A recent decision by the California Court of Appeal reinforces the importance of avoiding unlicensed contractors. If associations hire unlicensed contractors, they could be liable for wage and hour claims filed by employees of the contractor. Although the case involved a general contractor and its subcontractors, associations who hire unlicensed contractors can be deemed a "general contractor" and the unlicensed contractors as "subcontractors." This means that any unpaid workers will be considered employees of the association and the association will be liable for paying those workers, even it the association already paid the contractor. Sanders Construction v. Cerda (2009) 175 Cal.App.4th 430.
RECOMMENDATIONS. Homeowner association boards should verify each contractor's license with the Contractors State License Board. In addition it should get proof of insurance. Boards should also add a provision to their contracts requiring contractors to indemnify the association for any wage and hour claims by its employees.
It is with great pleasure that we announce our new and completely reengineered website, which will make it easier for you to find important information about the Code Council and your profession quickly. The new site will go live in the next few days.
You will find navigating through the site to be intuitive and easy, with standardized menus on the top of the screen as well as on the left side to assist you. The user friendly site offers you quick access to the latest ICC 
news, events, and information about all of our products and services.
In addition to making the new ICC site more robust and functional, here are highlighted features and benefits that will enhance your experience:
In this initial phase, you will spot opportunities for improvement. Please give us your feedback. Comments and suggestions are always welcome. Send your comments to websitefeedback@iccsafe.org.
The address has not changed, but your experience will. Try it out on Monday Oct. 19 to explore the new features available to you.
Enjoy the difference!
Richard P. Weiland
Chief Executive Officer
| So Cal Chapter of RCI, Inc. |  |
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| San Diego - Rooftop Quality Assurance |
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| Rooftop Quality Assurance is a two-day course for professionals interested in field inspection and quality of applications. The program covers the diverse and challenging aspects of roofing as encountered in the field and is ideal for roofing material manufacturers, general contractors, quality assurance observers, and field inspectors. Instructors cover fundamentals of quality assurance, component assembly and quality practice guidelines for a variety of roofing systems, including:
A comprehensive course text book is provided to all attendees. | |
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| Registration Registration Time - 7:30 AM Program: 8 AM - 5 PM Registration Fee: RCI Member: $500 Non-Member: $650 Price includes: Course textbook, Continental breakfast and a coffe/soda break. Lunch is the responsibility of the attendee. RCI Registration Cancellation Policy Refund requests received 14 calendar days prior to the event will be accepted and issued a 50% refund. No refund and no credit will be processed on requests received less than 14 calendar days prior to the event. Individual substitutions are subject to a $25.00 administrative fee. | |
| Continuing Education Credits RCI - Continuing Educational Hours (CEHs) - 16 AIA - Learning Units (LUs) from the American Institute of Architects - 16 | |
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| To Register, CLICK HERE or call (866) 914-4RCI |
