San Fran Based Swinerton Builder's Settles Oregon CD Lawsuit for 42 Million

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Settlement reached in $42 million construction defect case

Written on July 24, 2010

A confidential settlement has been reached in what may be the largest construction defect lawsuit in Oregon history.
The case was filed Aug. 8, 2008 in Multnomah County Circuit Court by Wyndham Resort Development Corp. and The Resort at Seaside Condominium Association against Swinerton Builders, a San Francisco-based general contractor.
The roughly $42 million lawsuit accused Swinerton — which was operating in Oregon as Swinerton Builders of Oregon — of breach of contract, negligence and breach of warranty for construction defects at The Resort at Seaside, an eight-story, 414,970-square-foot beachfront condominium completed in 2003.

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Just because you can use a gas or propane grill on an apartment or condo deck, doesn't mean you should.

From ABC 

 

By James Swierzbin, ABC 5 News Reporter

Easy Grill Tips to Help Prevent Fires

The majority of grill fires aren't the result of a mechanical malfunction, they're caused by human error. Thankfully just a few simple steps could help protect yourself and property from dangerous flames.

Even before a grill is ignited there are a few things you can do, to lessen the chance of a fire. According to Urbandale Fire Chief Jerry Holt, you should "Make sure you've moved (the grill) away from anything combustible...and one of the things you can do, is at least once a year, is to make sure that all your connections are tight, and there's not gas leaks."

You can also use what's called the "Soapy Bubble Test" All you have to do is take a spray bottle, fill it up with a mixture of soap and water, and spray it on anything that connects a propane tank to a gas grill. If you see bubbles start to form, in the areas you sprayed, then you know that you have a potentially dangerous leak.

If you do discover that your propane tank or gas line is compromised it's best to shut it off immediately, and take the problem, to someone who knows how to repair what's broken, rather than trying to fix it yourself.

And perhaps more important than anything else is exercising caution and good judgement.
Just because you can use a gas or propane grill on an apartment or condo deck, doesn't mean you should. Because if a fire breaks out in such an enclosed space, it has the potential to spread, very quickly.

FROM FireEngineering.com-Article- Construction Concerns: Combustible Metal Deck Roofs

For decades, builders have been using metal roof decking supported by bar joists, covered with combustible insulation board and a roof membrane that is often topped with gravel. The earliest of these roofs had melted asphalt mopped onto the steel roof deck to hold down the insulation board with additional melted asphalt mopped between and on top of the layers of roofing felt. This was known as a “built-up” roof and was inexpensive when compared with other types of roofs.

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A potential problem with this type of roof was recognized more than 50 years ago: If a fire heated the underside of the roof deck, it could melt, vaporize, and ignite the asphalt on top of the deck, starting another fire in addition to the original one inside the building (see Brannigan’s Building Construction for the Fire Service 4^th Edition, 213-214). This roof fire could spread far ahead of the original fire and ignite other fires when burning asphalt found its way through the steel deck.

Roofs of these types are sometimes inaccurately advertised as “fire-rated.” They do not have a “fire rating” from testing under National Fire Protection Association (NFPA) 251, Standard Method of Tests of Fire Endurance of Building Construction and Materials (ASTM E119) like a wall or a floor-ceiling assembly. Rather, they have been tested under NFPA 256, Standard Method of Fire Tests of Roof Coverings (UL 790; ASTM E-108) for exposure to fires originating outside the building. They are rated Class A (severe), B (moderate), or C (light), based on the severity of fire exposure they can withstand. Tests for the rating include ignition from flaming brands, intermittent flame exposure, rain, weathering, and flame spread.

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Blastrac Searching for Oldest Blastrac Shot Blaster

Blastrac

Blastrac is preparing for the future and looking forward towards World of Concrete in January 2011, the premier show for all things concrete. With a strong presence planned for the next WOC, Blastrac is launching a search for the oldest operating 1-10D shot blaster still used for surface prep today. Blastrac is offering to prominently feature the qualifying machine in the Blastrac exhibit at WOC 2011. Exciting details for the owner of the machine will be announced on their website in the coming weeks at www.blastrac.com.
If your Blastrac 1-10D shot blaster has stood the test of time and you would like to submit that shot blaster for consideration as the oldest model in operation, call Jonn Rippman, National Sales Manager and Training Director, at 800-256-3440, ext. 3170 to relay your information. Or, if you would prefer to email your submission, send the serial number of the 1-10D machine, a brief description of your use for it, how long you've had ownership, and a few photographs to info@blastrac.com. Blastrac will review submissions and contact the owner of the selected machine to make arrangements to transport the machine to Blastrac for final inspection and testing, and then on to World of Concrete in January.
Submissions must be received no later than October 15, 2010. The winning entrant will receive round-trip airfare, hotel accommodations for three nights, and attendee entrance to WOC 2011 in Las Vegas, Nevada. Be sure to watch the Blastrac website for further details and photos of some of the entries with the stories behind their success.

From The Onion-Stoner Architect Drafts All-Foyer Mansion

Ahh stoner architects, that would explain a lot of the screwed up jobs I've seen....here's a humorous piece from the Onion, those goof balls who spoof on everyone and everything...

MINNEAPOLIS–In the oft-overlooked field of stoner architecture, new talent often goes unnoticed. But that hasn't been the case for Minneapolis stoner architect Richard "Dick" Donovan, whose groundbreaking design for an all-foyer mansion is earning slack-jawed admiration from some of the most respected members of the Twin Cities stoner-architecture community.
Enlarge ImageThe blueprint for Richard Donovan's (inset) revolutionary all-foyer mansion.
Donovan had won moderate recognition for past work, including his subterranean ranch house and his roofless A-frame. The 27-year-old's latest design, however, has won him unprecedented acclaim, hailed in the August issue of Stoner Architectural Digest as "the most absolutely fucked-up shit to come along in years."
"I was sitting around, bullshitting with [longtime roommate and noted carburetor-parts lamp designer Mike] Mosedale one afternoon, trying to decide if we should hang the 1968 All-American Calendar–the hilarious one with Nixon on it–by the ping-pong table or in the foyer or what," Donovan said. "Then we got to talking about foyers, and how they're kind of weird, 'cause you don't ever actually do anything in them except, you know, use them to walk into the next room. Then, all of a sudden, I was like, 'Whoa. Imagine if, after the foyer, there was just a whole endless series of foyers.' Christ, what a mindfuck that'd be."

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Lawsuit Florida Roofing Consultant Servcor International Sues Bayer AG Subsidiary for More Than $50 Million, Alleges Drunken Executive Breached Agreements, Botched Massive Airport Contract

Found info on this lawsuit at THE URETHANE BLOG

ST. PETERSBURG, Fla., Feb 15, 2010 (BUSINESS WIRE) -- In a lawsuit that details the complexities of working with large multi-national corporations on government contracts, Florida roofing and construction industry consultant Servcor International recently sued a Bayer AG subsidiary for more than $50 million plus punitive damages. Servcor alleges that Bayer breached its partnership agreement with Servcor when it shut Servcor out of a $15 million airport roofing contract. Bayer further violated its fiduciary duties to Servcor following a significant ethical breach by a Bayer executive who leaked confidential information to a roofing contractor customer and Servcor competitor. The suit alleges that the national sales manager disclosed the information while intoxicated at a business dinner.

The 32-count complaint names Bayer MaterialScience, LLC, a manufacturer of the components and materials used in spray-on polyurethane foam (SPF) roofs. Bayer MaterialScience is a subsidiary of Bayer AG, the German conglomerate best known in the United States for aspirin and other pharmaceutical products. The suit also names Insulated Roofing Contractors, a Kentucky roofing company, and Mike Gomez Construction Consultants, Inc., a Miami general contractor. The suit alleges breach of fiduciary duty, breach of contract, negligence, fraud and deceptive and unfair trade practices by Bayer, the existence of a conspiracy involving all defendants, and counts against IRC and/or Gomez for fraud, negligence and interference both with contractual and advantageous business relationships.

"We brought a significant contract to Bayer, only to have it taken from us following the inexplicable, drunken actions of a Bayer executive," said David Looney, president of Servcor International. "The breach of duty and conspiratorial acts of the defendants harmed our company's present and future sales as well as damaged the ultimate consumer."

According to the complaint filed in Pinellas County, Fla. Circuit Court by Servcor attorney Daniel L. Moody of Tampa Bay area law firm Moody and Shea, P.A., Servcor was not only a distributor of Bayer's roofing products but also Bayer's business partner in many roofing related services while also providing business strategies to increase Bayer's market share. Servcor also built a strong relationship with the Miami-Dade Aviation Department which specified materials and services co-branded by Servcor and Bayer on a 10-acre roofing project at Miami International Airport, saving the county over $10 million. According to the complaint, the drunken disclosure of confidential information by Bayer's sales manager set off a string of events wherein Bayer conspired to intentionally cause financial harm to Servcor and to put Servcor out of business.

Servcor International provides commercial roofing and waterproofing services to both consumers and product manufacturers. More information about Servcor is available atwww.servcorintl.com or by calling (727) 894-3415. A copy of the lawsuit is available athttp://servcorintl.com/media.pdf.

SOURCE: Servcor International

http://www.marketwatch.com/story/florida-roofing-consultant-servcor-international-sues-bayer-ag-subsidiary-for-more-than-50-million-alleges-drunken-executive-breached-agreements-botched-massive-airport-contract-2010-02-15?reflink=MW_news_stmp