Wednesday, February 24, 2010

What's The Point of Flashing a Deck If Some Idiot is Gonna Compromise It?

So here's a deck I looked at in Shell Beach CA; it was doomed to die the day someone cut the flashing to install the overflow. The flashing was cut right down to the deck level, leaving water no choice but to run into the deck rather than away from it and over to the drain. RIP ole buddy. 
This is the kind of hack work that will keep us busy for years!

Tuesday, February 23, 2010

Picture(s) of The Week-I Think My Deck is Falling Off the Building

 
FUGLY! (As in F ing Ugly)
This deck is falling off the building! The beams are shoring up a broken/rotted main support beam that was rotting for years. Everything is so rotted, I wouldn't even think of stepping on the decks. H's must maintain, this deck will cost many thousands more to rebuild than it ever would have to repair 10 years ago.

Friday, February 19, 2010

FROM CONSTRUCTION LAW TODAY-Economic Loss Rule: Arizona Applies It to Construction Claims

The Arizona Supreme Court applied the economic loss rule (the "ELR") to bar a construction related claim for the first time last week.  Overly simplified, the ELR is a judge-made rule that bars many extra-contractual claims for design and construction defects when those claims seek only damages for the cost to repair or replace defective work, not damages for death, personal injury, or damage to other property.
In Flagstaff Affordable Housing Limited Partnership v. Design Alliance, Inc.  the Justices applied the ELR to deny an owner's claim against their architect for negligent design of an affordable housing project in Flagstaff, Arizona.

Backstory of Flagstaff Affordable Housing Limited Partnership v. Design Alliance, Inc.

It started when an owner hired an architect to design an affordable housing project.  The United States Department of Housing and Urban Development ("HUD") required the project to comply with accessibility guidelines established under the Fair Housing Act.  When the project failed to comply with those guidelines, HUD sued the owner.

READ THE REST OF THIS ARTICLE BY CLICKING HERE
Economic loss doctrine does not preclude negligence action in addition to statutory construction defect claim.
(Recent Court Decisions): An article from: Journal of Risk and InsuranceDanger lurks in construction defect market.(Red Flags): An article from: National Underwriter Property & Casualty-Risk & Benefits Management

Tuesday, February 16, 2010

Interesting Book on Reducing Errors with a piece of paper, hand drawn boxes and a pencil...

Saw this review in Buisness Week on Dr. Atul Gawande, a surgeon and New Yorker writer. His new book, "The Checklist Manifesto-How to Get Things Right" has just been published...and he describes how, by using simple checklists, they reduced the infection rate in surgical ward/hospital's that utilized the checklist principles.

Maybe some deck installers would do well to read this book...

2010 CSLB Book on Contractor Licensing Issued

Book Updates Contractor Laws

The California Contractors State License Board (CSLB) has just released its annual California Contractors License Law & Reference Book, which updates contractors on new and impending laws.
The reference is available for purchase or for online viewing.
The publication includes easy reference to new laws that became effective Jan. 1, 2010, and another that takes effect Jan. 1, 2011, in the “Summary of Major Changes to Contractor Law” section at the beginning of the book.
Read it all at Paintsquare by clicking this link

WEST COAST CASUALTY'S Construction Defect Seminar Coming May 13/14 in Anaheim

All the big attorney's will be here...learning how to defend you, prosecute you and maybe you should be here too...

West Coast Casualty's Construction Defect Seminar is the largest seminar of its kind worldwide focusing on all of the elements of the prosecution, defense, coverage and technologies of construction defect claims and litigation from a national perspective.

Our 2010 construction defect seminar will take place May 13 and 14, 2010 at the Disneyland Hotel in Anaheim California USA.

Speakers Information Packets for our 2010 event have been released and topic submission has been completed.

Please feel free to view our 2010 Speakers Information Packet please click here.

SPONSOR AND VENDOR PACKETS for our 2010 event were released on December 15, 2009. If you are interested in being a sponsor, vendor or participant in our SCIENCE AND TECHNOLOGY FAIR, please send your inquiries, comments, and/or questions regarding our events via e-mail to: davestern@westcoastcasualty.com or call 818-735-3595 Ext.112

Throughout this past year and working into the future, we have been developing some new ideas to enhance your seminar experience with us. In the weeks and months ahead, you'll be learning more as we make announcements about our event so keep checking back here or feel free to contact us.

West Coast Casualty's Construction Defect Seminar for 2010
America's Largest, America's Favorite, America's Best
Construction Defect Seminar
May 13 and 14, 2010
The Disneyland Hotel and Resort
Anaheim, California, USA