RIP Millard Fuller, Habitat For Humanity Founder

From a Yahoo news feed, Millard Fuller the founder of Habitat for Humanity passed away.

I have done work for Habitat, they are a worthy and noble organization. The world has lost a wonderful person.

Read the whole story by clicking on our headline.

Strange Case of Deja Vu on these websites...

Browsing browsing, found this case of double vision at these two websites of waterproofing contractors down south...

http://deckmastersinc.com/

http://prestigedecking.com/index.htm

someone either got ripped off, or is one company fronting as two? We asked Deck Masters Inc and we asked Prestige Decking.

I could find a license at CSLB for Deck masters, but nothing under Prestige Decking.

Also, if you do have a license, I believe one must post that number on any form of advertising, including the Web.

Another deck coating case settled in favor of HOA

From Marc Alexander & William M. Hensley 's www.calattorneysfees.com website;

Homeowner sued HOA in unlimited jurisdiction superior court over an assessment for maintenance/repair work done on homeowner’s balcony. In Gabriel v. Canyon Haven Homeowners Assn., Case No. D052178 (4^th Dist., Div. 1 Jan. 28, 2009) (unpublished), the appellate court affirmed a $1,575 judgment against homeowner and an award of attorney’s fees/costs of over $18,500 ($17,923.50 of which were fees).

You have got to read this case on a balcony maintenance issue that just got settled recently!

What a fascinating case and great insight into the world of HOA's. I was a CAI certified manager of HOA's some years ago, before becoming a deck waterproofing contractor and consultant.

I've always maintained that waterproof decks are first a roof (protecting space below that was intended to be kept dry and free of moisture intrusion) and then secondly a deck one can walk on.

HOA's CC&R's usually put the onus of maintaining, repairing and replacing the roofs on the Association. It should be the same with decks in all cases. Asking owners to maintain the deck attached to their unit is simply asking for trouble; they are almost always left unmaintained. I see it happen in my job everyday. Case in point, the claim that 18 decks at this Assoc were in similar condition.

Why did the HOA take so long to try to make the owner maintain their deck? Deck coatings, depending on the manufacturer/type, typically need to be resealed every 1-3 years.

It doesn't sound like a large balcony, judging from the relatively small cost of replacing the waterproofing membrane.

As a contractor, I would have to charge around $600 at least to cover my costs and time to reseal this one balcony.

As a single owner, try to get a deck contractor to come out and clean and reseal your ONE little deck-you'll probably find that is pretty futile.

So why so much for one deck? My time to come inspect the deck and write a contract/proposal for the work. Office personnel time to check the contract, schedule the work, write a pre-lien notice that says is we don't get paid...we can lien your home, 2 workers to set up and send out with a truck and the materials/supplies needed for the work, drive to the home, set up and protect the work area, pressure wash and clean, and then reseal the deck. Wait time while the deck is drying, I pay them by the hour.

Now if I had 18 decks to do at once, the costs to do all of them at once would be greatly reduced, as we can take advantage of production work where we are not standing around watching paint dry-we are moving to another deck to pressure wash it, then to another, then we come back and start repairs/resealing, moving through all of them efficiently. The HOA stays on a regular maintenance schedule, ensuring that the decks are water resistant as intended.

HOA's mistake it sounds like was assigning maintenance to owners, owners mistake was fighting it in court with an attorney who is only to happy to bill you.

This is a sad case indeed!

Thanks for the insight, I hope you don't mind that I posted the case/your article onto my blog at

Sika Acquires Technology Leader in Liquid Membranes

The Sika Corporation announced it's purchase of Iotech Group Ltd, a manufacturer of polyurethane based liquid waterproofing membranes.

These liquid membranes are used primarily in roofing applications and waterproofing.

Iotech also manufacturers clean room coatings for kitchens hospitals etc.

Click on our headline to read Sika's Press Release

New Issue of WATERPROOF Magazine Out Now

The new issue of WATERPROOF Magazine hit my mailbox last week; this quarter's issue has articles on

• Vapor Barriers and the Underslab Solution
• Above Grade Waterproofing for Commercial Construction-Every building needs above-grade waterproofing. The article discusses the qualities such sealants need, and the different types on the market.
  

» Read the complete story here «

• Thrive in Hard Times:

Contractors can build a thriving business by providing basement waterproofing systems and partially finished basements

» Read the complete story here «

Click on the links to read the stories at WATERPROOF Magazine. Support them and subscribe!

Interesting Court Case Highlights Hazards of Hiring Non-Licensed Contractors

Use non-professional unlicensed waterproofers at your own risk...from the pages of a decision handed down from the Court of Appeals Division I in the State of Washington

After reading through this, I'm sure the repairs to redo the work by unqualified people will cost far more than it would have to just paid up front to do the job right.

Click our headline to read the whole decision if you care too...in fact I insist you do, because there is a very valuable lesson to be learnt here!

Lesson, going cheap does not save money! It costs...

Opinion Information Sheet

Docket Number:	61006-6
Title of Case:	Berg Holdings, Et Al., Apps. vs. Pinnacle Realty Mgmt. Co., Resp.
File Date:	12/29/2008

Berg is the owner of Keeler's Corner, an apartment complex in Lynnwood.

In February 1999, Berg entered into the PMA with Pinnacle.  The PMA set forth

the terms by which Pinnacle would manage Keeler's Corner on Berg's behalf.

     Seven months after signing the PMA, Berg began major reconstruction on

the Keeler's Corner complex.  The project included the complete stripping and

recladding of siding on the apartment buildings, as well as the reconstruction of

waterproofing for the apartment decks.  Berg retained Marx/Okubo & Associates,

Ltd. as its construction representative and employed USA Construction and

Arne's Construction to repair and replace the siding on the entire complex.  In

conjunction with this work, Marx/Okubo discussed with Pinnacle whether

Pinnacle could and would perform the deck waterproofing. Pinnacle employee

Dan McDougal agreed to waterproof the decks.  

     The two memoranda excerpted below are the only written record of the

                                        - 2 -

No. 61006-6-I (consol. with No. 61507-6-I)/3

parties' understanding regarding McDougal's work.  The first memorandum was

a facsimile sent from Greg Arnold of Marx/Okubo to Pinnacle representative Pat

Stullick, a copy of which was also sent to Skip Berg, the owner of Berg Holdings:

     I have spoken with Dan, the carpenter/waterproofer at the
     project about waterproofing the decking which has required
     removal and replacement.  I don't have an exact amount of
     new deck surface which requires waterproofing at the
     buildings where work has proceeded and repairs have been
     made, although the amount is far greater than was
     anticipated, and far more than one man can handle on his
     own, as was the original intention.  He indicated that he
     would be willing to hire one or perhaps two qualified
     applicators he used to work with, along with a couple/few
     unskilled laborers to accomplish the waterproofing.  He is
     ready to proceed on this, although is concerned about
     bonding and insurance.  I am wondering if he (and his
     workers) might do the work as maintenance
     workers/employees of Pinnacle.  The other options include
     getting a bid from a waterproofing contractor, or letting
     Arne's Construction proceed with the waterproofing.  I
     mentioned to Skip [Berg] that there is an employee of Arne's
     who used to be a waterproofing contractor, however, he is
     the only qualified applicator with Arne's Construction and
     would require more help.  Both of these other options would
     be more expensive than having Dan do the work.

The second memorandum was another facsimile sent from Greg Arnold to Pat

Stullick.

     I spoke with Skip [Berg] this morning on the telephone.  He
     wants Dan to start the waterproofing of the repaired
     deck/landings at Keeler's.  We agreed that it was more a
     Property Management scope of work, in that Dan is currently
     under contract with Keeler's and Pinnacle.

Pinnacle and Berg did not enter into a separate written agreement setting forth

the terms under which McDougal would perform the waterproofing work on

Pinnacle's behalf.