Nevada Coating Systems Polyurea Granite Deck-Just Like People, Peels and Cracks After Getting Sunburned

 

I was in Pismo Beach yesterday; visiting a job that we didn't get a few years ago when the decks and walkways were bid out. 

A local competitor got the job instead and used Nevada Coating Systems Granite Deck. 

Advertised and promoted as a superior alternative to concrete metal lath deck systems and other proven systems, the coating at this job has failed in a miserable fashion. 

The whole field of the deck at Spyglass Condo's in Shell Beach on Spyglass Dr is peeling back and the material is hard and brittle, as if the sun (UV) has severely damaged it. 

Besides it's apparent lack of UV resistance, the system is not Class A rated for roof decks-at least as far as we can tell by reviewing ICC-ES' website for pedestrian traffic coatings. 

The flashings at the deck edges are rusting too. 

This job is a total failure in my opinion. Whether it's product related, installation related or both, it seems Nevada Coating Systems is not the best choice to us for waterproofing decking over living space. 

As we say, do your research first, ask lots of questions and come to your own conclusions as to what is the best choice to make for a deck system. 

We suggest a Class A fire retardant ICC-ES code compliant decking system. 

In Recent CA Construction Defect Case, Associations Decision to Not Perform Maintenance Proves Very Costly in Financial Settlement

      Minor damage on stairs noted in a report in 2007 turns into major dry-rot in the framing in 2011    

I was recently involved with a portion of a construction defect case for a condo complex in Santa Maria. The portion I was involved with concerned decks and stairs that had waterproof coatings on them. 

The company I had worked for many years before was being sued. I had sold the job originally and so was called upon to help out. They were being sued for about 1.5 million in damages. 

The plaintiff's attorneys had found via their experts many "defects" that were caused by faulty work, in stucco, decks, plumbing etc. The developers insurer soon settled out for apx 3 million. 

The subs were the only ones left to scavenge from for insurance money. 

For our client, there was evidence found that showed the Association had caused an inspection/bid to be done for repairs/repainting of the decks and stairs in 2007, 4 years after being built. Other evidence showed that the buildings had been built "out of sequence", stucco installed before decking, defects by other trades-a plumber had installed faulty drains and that a 3rd party inspector had missed defects when the place was built. 

The deposition of the sub-contractor showed that the developer made bad decisions.  

The original claim for 1.5 million was scaled back to less than a million. After months of back and forth the claim eventually settled for $150,000. The biggest factors? The letter from a waterproofing company telling the Association of problems with damage from wear n tear and owner caused problems. The decision by the BOD to not perform maintenance and defer it allowing components to deteriorate.

The attorneys probably should not have settled with the developer until after deposing the deck sub contractor and evaluating their case against the sub . It was only after they settled with the developer did they set their sights on what they probably felt were easier targets. 

Lesson-Associations should maintain even if they are considering a construction defect action. Allowing components to rot while hoping for money that isn't coming because your attorney blew it isn't a good  maintenance or funding option. 

From Berding-Weil AB 2237 Does Not Require California Community Association Managers to have a General Contractor's License Unless…

Association managers want to know...how does AB 2237 Effect Us?

AB 2237 Does Not Require California Community Association Managers to have a General Contractor's License
Unless…

by Tyler P. Berding, Esq. and Julia Hunting, Esq.

The blogosphere has been burning up lately over a new law that some commentators say might require California community association managers to have a General Contractor's license to perform their jobs. Since property managers can be said to "oversee" bids for construction projects it has been suggested that they might fall within the expanded definition of "consultant" which was added to the basic contractor's licensing statute by Assembly Bill 2237.

Question: "Are Community Association Property Managers now required to have a General Contractor's license?"

Tyler: "No, not unless they or their company offer to, or actually perform part of the building construction."

California Business and Professions Code Section 7026.1(b)(1) defines who must have a General Contractor's "B" license as follows:

"Any person, consultant to an owner-builder, firm, association, organization, partnership, business trust, corporation, or company, who or which undertakes, offers to undertake, purports to undertake, purports to have the capacity to undertake, or submits a bid to construct any building or home improvement project, or part thereof."

AB 2237 added subsection (2) which states that a "consultant" is someone who: (A) Provides or oversees a bid for a construction project; or (B) Arranges for and sets up work schedules for contractors and subcontractors and maintains oversight of a construction project."

Question: "These sound like tasks that a community manager might perform for their client associations during construction projects so why don't they need to be licensed under the new law?"

Answer: The new subsection modifies 7026.1(b)(1) by adding a further definition of what a "consultant"² does but it does not remove or change the other qualifying language in that same section which defines a "contractor" as someone offering to construct a building or part of a building.

[ Please click here to read the rest of the article. ]

Now Available for Viewing Anytime-CAI's On Demand Webinar Series- "Hit the Deck: Inspecting, Maintaining and Replacing Waterproof Decks" By DeckExpert.com

Live webinar attendees raved about our presentation on CAI's ongoing education program. This one was on waterproof deck coatings. Now my webinar is available for anyone to view anytime" On Demand"

Learn about identifying the different deck systems commonly found on Community Associations, the pro's and con's of each and their required maintenance and care procedures.

You'll also learn to figure out the "total cost of ownership" of any deck coating with just a few bits of information. You'll also learn to ferret out the good warranty requirements to the burdensome. 

This program is available to members of CAI for $69.00 and to any one with a computer for $99.00. CAI members can receive credit for education requirements, inquire with CAI. 

Description

Beloved by homeowners as extra living space, decks are often despised by board members and community managers because of the problems that always seem to come with them. Of the top 10 building components named defective in suits, waterproof decks are high on the list. 

Depending on their construction and care, decks can either boost property values or drain reserves. Whether your community is looking to build new decks, replace older structures or maintain existing ones, this webinar will teach you how to protect your investment.

CLICK HERE TO GO TO CAI'S WEBSITE and purchase http://goo.gl/LK3CI

BE SURE TO RATE THE WEBINAR WHEN DONE

Fwd: Material Costs Going Up

From Professional Deck Builder, their newsletter. 

Professional Deck Builder   4.09.2013 Featured Article DECK BUILDER Installing Pavers The appearance and durability of a patio or walkway depend largely on how well its base layers are installed. Michigan landscaper Eddie Martindale explains how he approaches this critical part of a hardscaping project. Read More Decking News JLC Cost of Materials Goes Up After suffering through a long slump, the construction industry is starting to see an upswing in some parts of the country. But prices for lumber, concrete, and other building materials also are headed up. Read More NEW YORK TIMES Labor Shortages Hamper Rebound Builders are facing delays on new projects in part because they can't find as many construction workers as they'd like, The New York Times reports. Getting necessary building permits from swamped local authorities is another bottleneck. Read More Advertisement THOMSON REUTERS Employee or Sub? The U.S. Department of Labor is launching a $1.9 million study to find out whether workers and managers understand the distinction between regular employees and subcontractors. The government estimates it loses about $2.7 billion in tax revenue a year because the difference is poorly understood. Read More Around the Web ADD A DEK Deck Disasters Down Under A poorly built deck is just that, no matter where it's constructed. For a look at what can go wrong in another part of the world, browse the photos available on this Australian website. Read More BUILDER Health Care Law Affects Builders The nation's new health care law, upheld by the U.S. Supreme Court last June, is changing the way builders offer health insurance benefits to their employees. Builder's John Caulfield explains how. Read More Advertisement REMODELING Communication the Key to Success Clear communication is essential to running a successful business; veteran remodeler Paul Winans finds a lot to learn on this topic during a recent visit to a local restaurant. Read More Products DECK BUILDER Membrane for Waterproof Decks Duradek's 60-mil PVC membrane is hardy enough to handle foot traffic while protecting rooftop decks from water infiltration. The Ultra PVC Membrane comes in more than two dozen colors and patterns. Read More Readers Weigh In DECK BUILDER PDB Editor Andy Engel Says, "So Long" The magazine's editor of five years bids farewell to PDB readers, and looks back at what's changed in the industry during his time at the helm. Read More Advertisement DECK BUILDER Quick Vote Does your deck company accept credit cards? Read More Forums DECK BUILDER FORUMS Coping with a Sloped Deck A reader has nearly completed a 24-foot-long deck and has only the stairs to finish. But he discovers the deck has a decided slope. What now? Read More Upcoming Events DECK BUILDER Upcoming Events Check our Events Page for upcoming trade shows and conferences of interest to today's professional deck builder. Read More Advertisement   Subscribe Advertise Contact us Current Issue Professional Deck Builder eplans Remodeling Tools of the Trade JLC Feedback We always welcome your ideas. Tell us what you'd like to see and send your feedback to aengel@hanleywood.com. Twice monthly we'll send you excerpts from Professional Deck Builder magazine and links to our online content as well as to other websites that we think deck builders will find useful. If you'd rather we didn't send you this newsletter, you can unsubscribe at any time. To make sure you continue to receive our e-mails in your inbox (not in your bulk or junk folders), please add the following to your address book or safe sender list: dbupdate@pdb-media.com. Click Here to Unsubscribe © Hanley Wood, LLC. All Rights Reserved. Republication or re-dissemination of this newsletter's content is expressly prohibited without the written permission of Hanley Wood, LLC.

More Feedback and Concern Over CSLB Licensing Laws For HOA's

From Adams Kessler-Licensing Requirements have Association managers wondering about being licensed as a contractor. 

Contractor #1. Another great newsletter! I would appreciate a little more clarity on the contractor license law. As a manager it is our responsibility to check for valid license and certificates of insurance for vendors who perform work for our clients. Could the law be interpreted that we, managers, have to have a contractor's license just to request and keep COI's for everybody from the landscaper, pool vendor, fire alarm monitoring and occasional arborist or plumber, etc.? -Brad S.

RESPONSE: I hope it does not apply to vendors. Unfortunately, the revised statute broadly defines contractors to include "consultants" and historically the Contractors State License Board (CSLB) has broadly applied the licensing statute against those involved in any aspect of construction over $500. As the Supreme Court has already noted, the licensing law "imposes strict and harsh penalties for a contractor's failure to maintain proper licensure." (MW Erectors, Inc. v. Niederhauser Ornamental Metal Works (2005) 36 Cal.4th 412, 418.) Unless the law is modified, management companies have potential exposure.

Contractor #2. David Fogt at the CSLB says that they consider HOA managers to be employed by the owners and exempt from the statute. -Glen G.

RESPONSE: I already dealt with employees being exempt. Did Mr. Fogt offer an opinion about third party management companies that are paid to oversee bidding and construction? Did he offer assurances that the courts would follow his opinion? No disrespect to Mr. Fogt but the court did not agree with the CSLB in the Fifth Day v. Bolotin case. I don't think anyone can say with certainty what the courts will do with the revised law.