Wednesday, April 14, 2010

Article On Construction Defect Litigation from the PROFESSIONAL LIABILITY UNDERWRITING SOCIETY

Found this good article on a Google alert... who ever knew there was a Professional Liability Underwriting Society? You don't want to miss their Christmas parties I bet...


April 2010 - Issue XXIII, Volume 4
Construction Defect Litigation in Arizona Continues to Develop and Evolve

After little in the way of case law regarding construction defect litigation in Arizona in the first part of the new millennium, the last few years have seen a number of significant developments involving issues that range from privity of contract requirements to recovery of attorneys' fees. This article reviews some of the recent Arizona court of appeals decisions in this area.
 
 
Allegations of damages from faulty construction trigger a carrier's duty to defend a developer and ongoing damages during the policy period trigger the obligation to defend.

 
In Lennar Corp. v. Auto-Owners Ins. Co., the Court of Appeals held that allegations of damages resulting from faulty construction are sufficient to provide an "occurrence" under a Commercial General Liability (hereinafter "CGL") policy to trigger a duty to defend a developer. The court decision...READ THE REST BY CLICKING HERE

Monday, April 12, 2010

Look What We Found Under This Failing Deck Coating

So here we are today working on a house in Varian Ranch in Arroyo Grande CA. As we were demo'ing some of the deck where the metal lath system has rusted out, something moved when our prybar was scraping open an area. We found a little lizard guy under the coating, enjoying a damp shaded place out of the sun!

Hmmm, could we have found the cause of decks seemingly falling apart by themselves? Could it be the lizards that are destroying our decks? Great Scott Batman!

Call Central Coast Waterproofing for fast removal of deck destroying lizards! 805-545-8300

Construction Accident Claims Painters Life

It can happen anytime, anywhere...construction sites are dangerous!

RIP Paul Thompson-48 years old.
FROM PAINT SQUARE'S DAILY EMAILED NEWS...

Friday, April 9, 2010

Painter Electrocuted at Work Site

A 48-year-old painter from the Pittsburgh area was electrocuted while painting a Habitat for Humanity complex last week.
Paul Thompson was working at the facility in New Kensington, Pa., about 2:50 p.m. Wednesday when he somehow came in contact with several high-voltage power lines and suffered cardiac arrest. Rescue workers reported that Mr. Thompson had been using a metal or fiberglass pole that touched the lines.
Reports varied on how the accident occurred. Some witnesses said that Mr. Thompson had been painting an exterior wall at the time, while others said that he had been working on the roof. Still others said that Mr. Thompson and his partner had been leaning out from the roof to spray-paint along the walls near the power lines.
The co-worker reportedly performed CPR on Mr. Thompson for several minutes until paramedics arrived. But neither he nor they were able to revive Mr. Thompson, and he was pronounced dead a short time later at Allegheny Valley Hospital, according to news reports.
Mr. Thompson was in his second day of employment with Modern Painting and Decorating, a family-owned residential painting company based in nearby Springdale, reports said. The company did not respond to a request for comment on Friday.
Habitat for Humanity rents space in the building for the ReStore, a retail outlet that sells home-improvement and decorating items as a fundraiser for the charity.

Sunday, April 11, 2010

From our Friends at Davis Stirling.com-POTTED PLANTS ON BALCONIES

POTTED PLANTS ON BALCONIES
QUESTION: One of the homeowners put huge potted plants on his balcony. If water eventually weakens the balcony, who is responsible for repairing it?
ANSWER: It depends.
Balcony Structure. The structure is almost always the responsibility of the association to maintain. The only exception I've seen is when the balcony is added to the building by the unit owner (with the association's permission). When that happens, we require the owner to sign a recordable covenant that makes him/her responsible for the repair and maintenance of the balcony structure.
Balcony Surface. When it comes to the balcony surface, your governing documents control (assuming they address the issue). If the association is responsible for waterproofing the surface, then the board should make sure it keeps everything waterproofed. More often than not, governing documents are unclear or silent on the issue of deck maintenance. In that case, the Davis-Stirling Act resolves the ambiguity by stating that "Unless otherwise provided in the [CC&Rs] . . . the owner of each separate interest is responsible for maintaining . . . any exclusive use common area appurtenant to the separate interest." Civil Code 1364(a). That means owners are responsible for maintaining their balcony's waterproofing surface (which is the norm for most associations).
Negligent Maintenance. If an owner tiles the balcony deck or fails to properly maintain the waterproofing and this leads to damage of the balcony's structure, the association could hold the owner responsible for the damage. Normally, there are provisions in the CC&Rs that allow associations to charge an owner for the cost of repairing damage caused by their negligence. If the CC&Rs are silent, the Davis-Stirling Act allows boards to impose reimbursement special assessments in the form of a monetary charge and to collect it through lien and foreclosure (provided the authority to impose a lien is in the governing documents). Civil Code 1367.1(d).


Reprinted from
Davis-Stirling.com by Adams Kessler PLC