Wednesday, July 16, 2008

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...

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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...

Tuesday, July 15, 2008

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

Monday, July 14, 2008

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