The monthly newsletter for Reserve Professionals and interested parties from APRA is now up and available to read at APRA's website.
Click here to read informative HOA specific news, advice and opinions and more!
Associations cannot afford to be abreast of the latest when it comes to being financially sovent, especially these days...
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Wednesday, October 21, 2009
Tuesday, October 20, 2009
Oregon Court of Appeals "Clarifies" When a Contractor Can Be Sued For Negligence
Hmmm, this will be interesting for many contractors who may have shortcutted on a job....they may be open to defect suits and negligence...Read this article below from The Daily Journal of Commerce in Oregon.
BY: Melody Finnemore
Ruling on construction defect claims is criticized
POSTED: Monday, October 19, 2009 at 05:38 PM PTBY: Melody Finnemore
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.
READ THE REST OF THIS ARTICLE BY CLICKING HERE
Sunday, October 18, 2009
From my friends at Davis-Stirling.com
I get the Davis-Stirling.com weekly newsletter; you should too...here's fair warning to any HOA's that want to use unlicensed contractors...it might seem cheaper at first, but in the end, it only costs. Central Coast Waterproofing is fully licensed and insured; we can name you as additional insureds, covering your HOA. Call Bill Leys for a free quote on your next decking job. 805-801-2380
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.
Friday, October 16, 2009
ICC Announces it's New Website!
Got an email from the prez of ICC...well not just me goty it I'm sure...but anyway, they have a new website they want us to know about...so I'm passing it on!
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:
- Organized content—Find what you’re looking for in fewer clicks.
- Enhanced search capability—Find your code books and reference materials quickly and easily in the ICC Store.
- Single sign on—Use only one set of credentials to log in to the site. To make this transition as easy as possible, we’re providing step-by-step instructions.
- My ICC—Provides you with a personalized experience when you log in. Edit your profile and preferences, view your recent store purchases, see the courses you’re registered for, keep track of your CEUs and get to Members-only areas quickly.
- Communities of Interest—Introduces ICC members to social networking through 13 unique Communities of Interest where you can discuss and network with your peers, view and post resource documents and links, access the latest industry news, and view relevant products and services. These Communities are a dynamic replacement for our current bulletin board, with certain features reserved especially for our valued members.
- New shopping cart—Renew or purchase a membership, a book, an education course and a certification test all in the same transaction.
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
Roof Consultants Institute Presents a 2 Day Course...
Passing it on...this might be for you!
| 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 |
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