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The experts on pedestrian traffic coatings brings you the information you need on one website! We have information on all pedestrian traffic coatings manufacturer's, including Pli-Dek, West Coast Specialty Coating Systems, Desert Brand, Life Deck, Tufflex, Mer-Kote and Dex-O-Tex systems. Browse our website for articles, videos, news stories and more. We'll be updating and adding more pages soon so bookmark this site and come back and visit!
Monday, January 31, 2011
South Carolina Supreme Court Decision Might Leave Builders without coverage...
Here's a case from the supreme court of South Carolina...Crossmann v. Harleysville: Bad Decision For Builders In SC | Contractor Insurance And Risk Management Blog
Journal of Light Construction Xiscussion on coming wave of construction defect lawsuits
I saw this come jp on google. A good start of discussion on the likelihood of an onslaught of construction defect suits. Put your 2 cents in...
The Coming Wave of Construction Defects Litigation - JLC-Online Forums
The Coming Wave of Construction Defects Litigation - JLC-Online Forums
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Tuesday, January 18, 2011
CSLB Bust Catches Crooks Using Other Legit Contractors License Numbers/Names
Hats off to CSLB for their efforts! Several Monterey area residents got charged with multiple criminal counts in court for lifting other contractors names/license numbers to scam people. We work hard for our names/reps and for some scumbags to do this is too much.
CSLB Press Release - 01/13/11Monterey Residents Face Criminal Charges for Fraudulently Using Contractor License Numbers
Suspects using business names "Window Design" and "Fresh Paint" arraigned on 146 counts
SACRAMENTO —Daniel Kenneth Furness, 58, and Colleen Gsell, 55, pleaded not guilty in Monterey County Superior Court on January 10, 2011, to 146 criminal charges relating to fraudulent use of other contractors’ license numbers, and adverting and contracting without their own license. The charges were filed following an investigation by the Contractors State License Board’s (CSLB) Central Valley Statewide Investigative Fraud Team (SWIFT), Monterey County District Attorney’s Office, and the Monterey and Marina Police Departments.
Furness and Gsell are suspected of using contractor license numbers not held by them, instead of obtaining their own licenses from the Contractors State License Board. For example, they allegedly used license numbers belonging to other people whose business names are “Window Design” and “Fresh Paint.” Furness and Gsell have not been issued a contractor license in either of their individual names, or a license to do business in the name of a company.
"We encourage homeowners to check their contractor’s license number on the CSLB website before any work is done," said CSLB Registrar Steve Sands. "Consumers should ask to see the state-issued pocket license and a photo identification to make sure the person they are dealing with is the person who holds the contractor license in the appropriate work classification."
Furness and Gsell are also suspected of illegal advertising and taking excessive down payments. Contractors must display their license number when advertising for jobs valued at more than $500 for labor and materials. It is also illegal to take down payments greater than 10 percent or $1,000, whichever is less, for any home improvement project. There is an exception for about two dozen contractors who purchase special consumer protection bonds and are noted on CSLB’s website.
Even though a consumer is not legally responsible for payments to an unlicensed contractor for projects valued at $500 or more for labor and materials, Furness is charged with instituting litigation against a deceased client’s estate and making inaccurate statements in a claim of lien filed against this client’s property. A licensed contractor or material supplier is entitled to file a mechanic’s lien if the contract amount is not paid as stated in the signed contract. An unlicensed operator who has contracted for work valued at more than $500 for labor and materials has no legal standing to do so. Furness is also charged with committing perjury in an application filed with CSLB.
Furness is formally charged with three counts of perjury and three counts of filing a false document. Furness and Gsell are each charged with 54 counts of illegal use of a contractor license number not issued to them; 42 counts of contracting without a contractor license; 23 counts of illegal advertising; and 21 counts of charging an excessive down payment.
"Those contracting without a license should understand that CSLB and its partners in law enforcement will not tolerate behavior that is detrimental to homeowners and licensed contractors who are complying with state laws and regulations," added Sands.
Anyone who has information regarding these individuals should contact CSLB Investigator David Leary at (831) 620-1374 or Monterey County District Attorney Investigator Anne Lopez at (831) 233-1877.
CSLB urges all California consumers to follow these tips before hiring a home improvement contractor:
Be especially hesitant when approached by someone offering home improvement services door-to-door.
Verify the contractor's license online at www.cslb.ca.gov, or via CSLB’s automated phone system at 1-800-321-CSLB (2752).
Ask to see a photo identification to verify the contractor’s identity.
Don't pay more than 10% down or $1,000, whichever is less. There is an exception to this rule for about two dozen contractors who purchase special bonds and are noted on CSLB’s website.
Don't pay in cash, and don't let the payments get ahead of the work.
Get at least three bids and insist on a written contract before your project begins.
The Contractors State License Board operates under the umbrella of the California Department of Consumer Affairs. More information and publications about hiring contractors are available on the CSLB website or by calling 800-321-CSLB (2752). You can also sign up for CSLB e-mail alerts at www.cslb.ca.gov, and follow us on Twitter and Facebook. CSLB licenses and regulates California's more than 300,000 contractors, and is regarded as one of the leading consumer protection agencies in the United States. In fiscal year 2009-10, CSLB helped recover nearly $42 million in ordered restitution for consumers.
CSLB Press Release - 01/13/11Monterey Residents Face Criminal Charges for Fraudulently Using Contractor License Numbers
Suspects using business names "Window Design" and "Fresh Paint" arraigned on 146 counts
SACRAMENTO —Daniel Kenneth Furness, 58, and Colleen Gsell, 55, pleaded not guilty in Monterey County Superior Court on January 10, 2011, to 146 criminal charges relating to fraudulent use of other contractors’ license numbers, and adverting and contracting without their own license. The charges were filed following an investigation by the Contractors State License Board’s (CSLB) Central Valley Statewide Investigative Fraud Team (SWIFT), Monterey County District Attorney’s Office, and the Monterey and Marina Police Departments.
Furness and Gsell are suspected of using contractor license numbers not held by them, instead of obtaining their own licenses from the Contractors State License Board. For example, they allegedly used license numbers belonging to other people whose business names are “Window Design” and “Fresh Paint.” Furness and Gsell have not been issued a contractor license in either of their individual names, or a license to do business in the name of a company.
"We encourage homeowners to check their contractor’s license number on the CSLB website before any work is done," said CSLB Registrar Steve Sands. "Consumers should ask to see the state-issued pocket license and a photo identification to make sure the person they are dealing with is the person who holds the contractor license in the appropriate work classification."
Furness and Gsell are also suspected of illegal advertising and taking excessive down payments. Contractors must display their license number when advertising for jobs valued at more than $500 for labor and materials. It is also illegal to take down payments greater than 10 percent or $1,000, whichever is less, for any home improvement project. There is an exception for about two dozen contractors who purchase special consumer protection bonds and are noted on CSLB’s website.
Even though a consumer is not legally responsible for payments to an unlicensed contractor for projects valued at $500 or more for labor and materials, Furness is charged with instituting litigation against a deceased client’s estate and making inaccurate statements in a claim of lien filed against this client’s property. A licensed contractor or material supplier is entitled to file a mechanic’s lien if the contract amount is not paid as stated in the signed contract. An unlicensed operator who has contracted for work valued at more than $500 for labor and materials has no legal standing to do so. Furness is also charged with committing perjury in an application filed with CSLB.
Furness is formally charged with three counts of perjury and three counts of filing a false document. Furness and Gsell are each charged with 54 counts of illegal use of a contractor license number not issued to them; 42 counts of contracting without a contractor license; 23 counts of illegal advertising; and 21 counts of charging an excessive down payment.
"Those contracting without a license should understand that CSLB and its partners in law enforcement will not tolerate behavior that is detrimental to homeowners and licensed contractors who are complying with state laws and regulations," added Sands.
Anyone who has information regarding these individuals should contact CSLB Investigator David Leary at (831) 620-1374 or Monterey County District Attorney Investigator Anne Lopez at (831) 233-1877.
CSLB urges all California consumers to follow these tips before hiring a home improvement contractor:
Be especially hesitant when approached by someone offering home improvement services door-to-door.
Verify the contractor's license online at www.cslb.ca.gov, or via CSLB’s automated phone system at 1-800-321-CSLB (2752).
Ask to see a photo identification to verify the contractor’s identity.
Don't pay more than 10% down or $1,000, whichever is less. There is an exception to this rule for about two dozen contractors who purchase special bonds and are noted on CSLB’s website.
Don't pay in cash, and don't let the payments get ahead of the work.
Get at least three bids and insist on a written contract before your project begins.
The Contractors State License Board operates under the umbrella of the California Department of Consumer Affairs. More information and publications about hiring contractors are available on the CSLB website or by calling 800-321-CSLB (2752). You can also sign up for CSLB e-mail alerts at www.cslb.ca.gov, and follow us on Twitter and Facebook. CSLB licenses and regulates California's more than 300,000 contractors, and is regarded as one of the leading consumer protection agencies in the United States. In fiscal year 2009-10, CSLB helped recover nearly $42 million in ordered restitution for consumers.
Monday, January 17, 2011
Failure to Prote t Workers in Trench That Collapsed Costs Waterproofing Co 50k
This came through from my google alerts...a waterproofing companys employees who we're working in a trench when it collapsed was fined $50,000 for failing to take proper shoring procedures. READ about it at this link.
CWC Systems Corp. Fined $50,000 in trench collapse – Daily Commercial News
CWC Systems Corp. Fined $50,000 in trench collapse – Daily Commercial News
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Sunday, January 16, 2011
Re blog of home inspection post on new code changes for residential construction in CA
I subscribe to a home inspection forum. This was posted for the HI ' s but concerns anyone building in 2011 in California. California Residential Code 2010 -14 Significant Code Changes - InspectionNews - Home Inspection
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ConstructionDefects.pdf
Saw this on my google alerts.
Attached is a flyer for a construction defect seminar coming up in Maryland. Learn about construction defects and your rights as a homeowner.
Bill Leys
The Deck Expert
follow me on twitter @deck_expert
Central Coast Waterproofing
Ca Lic 890269
Blogger Details The Building of Their New Home, Shortly After, Their Tile Decks Leak-See the Pics
I was doing a Google on tile decks...and found this Blog on a homeowners building their house and their tile deck leak issues.
The first set of pics show the house being framed/flashed. Problems are already apparent, such as the floor of the deck being almost the same height as the floor of the house...then tile is going on. The result will be tile higher than the floor, water trapped in thresholds...click here to see the start of the job
Here is an actual statement by the owner on the cause of their deck problems...
"The 3rd wettest January on record helped to underscore the ongoing problems we had with water leaking into the great room. The roof over this area is actually the roof deck. The roof deck is surrounded by a stucco parapet and the theory for the cause of our water problems is that when the tile was grouted, the weep screed in the J-metal at the lower edge of the stucco got plugged. This caused water to back up into the stucco and seep through the wooden parapet structure (natural stucco is not waterproof). Any way, to fix it involved tearing out stucco and tile and re-flashing, re-sealing and putting everything back. 3/1/2005 - "
"One wouldn't think that in the desert, leaking water would be a big problem--and most of the time it isn't. On those infrequent occasions, though, it can really be a mess. Our major leaking problems come from two areas. The first, and most serious, is water leaking from the roof deck. Current theory is that water is not exiting the stucco on the parapet through its normal path out of the bottom of J-metal that defines the lower limits of the stucco. This area has been blocked by tile grout. The other leaking is coming from the door thresholds. These were originally installed below the level of the exterior tile. Not a good idea. They were replaced with a higher version, but the adjoining deck tile was not replaced. This left a gap, and again, more water."
See the horror show pics of water leaking in everywhere. Click here
See the horror show pics of the house being torn apart to remove wet insulation, drywall etc. Click here
See the horror show pics of the deck being torn apart to fix the stucco and deck. Click here
Moral of the Story-Do it right once or pay the consequences...
The first set of pics show the house being framed/flashed. Problems are already apparent, such as the floor of the deck being almost the same height as the floor of the house...then tile is going on. The result will be tile higher than the floor, water trapped in thresholds...click here to see the start of the job
Here is an actual statement by the owner on the cause of their deck problems...
"The 3rd wettest January on record helped to underscore the ongoing problems we had with water leaking into the great room. The roof over this area is actually the roof deck. The roof deck is surrounded by a stucco parapet and the theory for the cause of our water problems is that when the tile was grouted, the weep screed in the J-metal at the lower edge of the stucco got plugged. This caused water to back up into the stucco and seep through the wooden parapet structure (natural stucco is not waterproof). Any way, to fix it involved tearing out stucco and tile and re-flashing, re-sealing and putting everything back. 3/1/2005 - "
"One wouldn't think that in the desert, leaking water would be a big problem--and most of the time it isn't. On those infrequent occasions, though, it can really be a mess. Our major leaking problems come from two areas. The first, and most serious, is water leaking from the roof deck. Current theory is that water is not exiting the stucco on the parapet through its normal path out of the bottom of J-metal that defines the lower limits of the stucco. This area has been blocked by tile grout. The other leaking is coming from the door thresholds. These were originally installed below the level of the exterior tile. Not a good idea. They were replaced with a higher version, but the adjoining deck tile was not replaced. This left a gap, and again, more water."
See the horror show pics of water leaking in everywhere. Click here
See the horror show pics of the house being torn apart to remove wet insulation, drywall etc. Click here
See the horror show pics of the deck being torn apart to fix the stucco and deck. Click here
Moral of the Story-Do it right once or pay the consequences...
Friday, January 14, 2011
Oregon State Bar Holding Construction Defect Seminar
Saw this seminar from a google alert. Water infiltration mold and more...
CD
CD
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From Construction Law Today-How Enforceable Are Limitations of Liability: Something a Contractor, Architect, and Engineer Would Like to Know
Saw this on a blog I follow...contractors, achitects and others take note...
Summary: Zerjal v. Daech & Bauer Construction, Inc.
This decision concerns the limitation of liability in a home inspector’s contract. But the principles involved affect building contractors, architects, engineers, other professionals, and anyone else who would also like to contractually limit their exposure. And it's all the more compelling because these judges enforce the limitation not against a Fortune 100 company, but against that most sacred of judicially protected constituencies: the homeowner.
In enforcing the limitation, the judges hold that contractually capping liability to a refund of fees paid:
•Isn't “unconscionable,” and
•Doesn’t violate “public policy"
READ THE WHOLE ARTICLE AT JOSH GLAZOV's blog by clicking here
Summary: Zerjal v. Daech & Bauer Construction, Inc.
This decision concerns the limitation of liability in a home inspector’s contract. But the principles involved affect building contractors, architects, engineers, other professionals, and anyone else who would also like to contractually limit their exposure. And it's all the more compelling because these judges enforce the limitation not against a Fortune 100 company, but against that most sacred of judicially protected constituencies: the homeowner.
In enforcing the limitation, the judges hold that contractually capping liability to a refund of fees paid:
•Isn't “unconscionable,” and
•Doesn’t violate “public policy"
READ THE WHOLE ARTICLE AT JOSH GLAZOV's blog by clicking here
HOA in Nevada Turns water off to home...despite payment plan with homeowner.
I picked this up from my Google alerts...
HOA Hall of Shame adds most shameful member yet - KTNV ABC,Channel 13,Las Vegas,Nevada,News,Weather,Sports,Entertainment,KTNV.com,Action News .:.
HOA Hall of Shame adds most shameful member yet - KTNV ABC,Channel 13,Las Vegas,Nevada,News,Weather,Sports,Entertainment,KTNV.com,Action News .:.
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Thursday, January 13, 2011
Contractor scams homeowner who almost lost house...
Pacifica woman wins lawsuit, keeps house after being conned - San Jose Mercury News
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Wednesday, January 12, 2011
HOA's and CONDO's/PUDs-The January Regenesis Report is Out
The Regenesis Report (National Edition) January 2011 is now available for viewing at http://www.regenesis.net/
IN THIS EDITION
The Rogues Gallery. Does your board have some?
Ask the HOA Expert™. Another set of provocative Q&As.
The Resale Package. What is it and why it costs so much?
Winterizing Vacancies. Snow birds take notice.
Bark Free Zone. Move over rover.
Paint a Montana Sky. Let your paint palate soar!
Good Looking Hood. Keep the cribs stylin’.
Interview with God. If you ask, he’ll answer.
Paraprosdokians. War doesn’t determine who is right, only who is left.
ADVERTISERS The Regenesis Report reaches over 10,000 homeowner association boards and managers nationwide each month.
For advertiser information, see www.regenesis.net/advertise.htm
DO YOU BELONG TO A SELF MANAGED HOA? Regenesis.net is specifically designed to assist self managed HOAs with management issues. Besides the personalized Ask the HOA Expert™ service, there is a vast number of self-help resources…all for only $99/year. For details, see www.Regenesis.net/SubscriberInformation.htm
Why not share The Regenesis Report with someone you love?
IN THIS EDITION
The Rogues Gallery. Does your board have some?
Ask the HOA Expert™. Another set of provocative Q&As.
The Resale Package. What is it and why it costs so much?
Winterizing Vacancies. Snow birds take notice.
Bark Free Zone. Move over rover.
Paint a Montana Sky. Let your paint palate soar!
Good Looking Hood. Keep the cribs stylin’.
Interview with God. If you ask, he’ll answer.
Paraprosdokians. War doesn’t determine who is right, only who is left.
ADVERTISERS The Regenesis Report reaches over 10,000 homeowner association boards and managers nationwide each month.
For advertiser information, see www.regenesis.net/advertise.htm
DO YOU BELONG TO A SELF MANAGED HOA? Regenesis.net is specifically designed to assist self managed HOAs with management issues. Besides the personalized Ask the HOA Expert™ service, there is a vast number of self-help resources…all for only $99/year. For details, see www.Regenesis.net/SubscriberInformation.htm
Why not share The Regenesis Report with someone you love?
Sunday, January 2, 2011
From John Bridge Tile Forums-Schluter System Blamed In Tile Deck Failure, Installer Needs to Blame Himself
John Bridge doesn't want me on their forums, probably because I say most Tile Installers can't waterproof properly...this post and the thread following it pretty much proves it. Again.
Read the thread using this link...John Bridge Forums
There's many an opinion thrown around on the 7 pages of threads from the original posts, but in my opinion, the tile installer just plain F'd up...no edge flashings, no control joints, admits deck has flex in it, the list goes on...
Moral of the Story Get a tile guy to tile, get a waterproofer to waterproof. I would not have touched this deck until it met all standards set by APA, TCNA and Schluter...
Read the thread using this link...John Bridge Forums
There's many an opinion thrown around on the 7 pages of threads from the original posts, but in my opinion, the tile installer just plain F'd up...no edge flashings, no control joints, admits deck has flex in it, the list goes on...
Moral of the Story Get a tile guy to tile, get a waterproofer to waterproof. I would not have touched this deck until it met all standards set by APA, TCNA and Schluter...
Saturday, January 1, 2011
From the State Bar of Wisconsin - Application of economic waste rule does not require evidence of diminished value
Saw this on my Google alerts...interesting take on "Construction Defects"
By Joe Forward, Legal Writer, State Bar of Wisconsin
The economic waste doctrine will prevent a party from obtaining a windfall for construction defects. But an appeals court recently clarified that evidence of a property's diminished value as a result of the defect is not necessary in the damages equation.
Dec. 30, 2010 – In determining whether a defendant must fully replace a construction defect or simply repair it, application of the economic waste rule does not require the defendant to present evidence of the property’s diminished value.
Champion Companies of Wisconsin Inc. sold bricks to Stafford Development LLC, which Ricky Zanow owned. Glen-Gery Corp. manufactured the bricks. Stafford Development used the bricks to build Zanow’s home. Turns out, the bricks had cosmetic defects.
Zanow sued Glen-Gery seeking $344,000 in damages to replace every brick. Glen-Gery argued that repairing the bricks was the proper remedy, and repairs would cost less than $7,500. Neither party offered credible evidence as to the diminished value of the property.
READ THE REST OF THIS ARTICLE BY CLICKING HERE
By Joe Forward, Legal Writer, State Bar of Wisconsin
The economic waste doctrine will prevent a party from obtaining a windfall for construction defects. But an appeals court recently clarified that evidence of a property's diminished value as a result of the defect is not necessary in the damages equation.
Dec. 30, 2010 – In determining whether a defendant must fully replace a construction defect or simply repair it, application of the economic waste rule does not require the defendant to present evidence of the property’s diminished value.
Champion Companies of Wisconsin Inc. sold bricks to Stafford Development LLC, which Ricky Zanow owned. Glen-Gery Corp. manufactured the bricks. Stafford Development used the bricks to build Zanow’s home. Turns out, the bricks had cosmetic defects.
Zanow sued Glen-Gery seeking $344,000 in damages to replace every brick. Glen-Gery argued that repairing the bricks was the proper remedy, and repairs would cost less than $7,500. Neither party offered credible evidence as to the diminished value of the property.
READ THE REST OF THIS ARTICLE BY CLICKING HERE
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