From The Denver Post-Deck collapse/water intrusion issues lead to suit, Denver condo-complex HOA wins judgment for defects.

The 40 Madison Homeowners Association in Cherry Creek has been awarded a $4 million judgment in Denver District Court to pay for construction defects at the 27-unit condominium complex.
The judgment, which will be paid by Madison Garden LLC, J&N Management and Len Goldberg, addresses construction defects involving water damage that resulted from improperly installed windows, roofs, decks and stucco. Several of the decks collapsed because of water intrusion and structural problems.
The homeowners association was represented by Chris Rhody of the McKenzie, Rhody & Hearn law firm.


Read more: Denver condo-complex HOA wins judgment for defects. - The Denver Post http://www.denverpost.com/business/ci_16643300#ixzz15z8G9fVD

Re-Blog From the Chico Tribune/Inman News-Discovery rule could apply in contractor-error case

Saw this on The Chicago Tribune pages today...


Discovery rule could apply in contractor-error case

By Benny L. Kass, Inman News

November 12, 2010

Q. We built a vacation home in 1989. We recently discovered that the contractor made some serious errors in construction. Evidently, he used poor flashing and waterproofing techniques. We hired another contractor recently to assess the situation. The result was that we had to tear down and rebuild a significant part of the home at great cost.
We contacted the original contractor, who has told us that he has no liability and that the statute of limitations will prevent us from recovering any of our costs from him. Our insurance company says that because the damage was due to contractor error and is long-term damage, it has no responsibility either.
Is the original contractor correct in that he is protected from any action we might take against him? Any other suggestions you might have would be much appreciated. If I have no way to recover some of the cost from the contractor or the insurance company, do you know if I can at least claim this as a casualty loss when I file my tax returns this year?

READ THE ANSWER BY CLICKING HERE

Re-Blogged From The Critical Path-Resolving Construction Defect Cases: Are Arbitration Provisions in CC&R's Enforceable?

Saw this blog post by Ron White of Ron White Mediation...passing it on for our readers edification...

Resolving Construction Defect Cases: Are Arbitration Provisions in CC&R's Enforceable?

In construction defect cases there is often a dispute within the dispute: should the case be prosecuted in a court of law or proceed under the terms and conditions of an arbitration provision? There are rational reasons for selecting arbitration over a court or jury trial. Many believe that arbitrations are more cost effective than jury trials, for example. However, parties who arbitrate their disputes give up the constitutional right to a jury trial and their appellate rights are generally restricted, among other things.
Real estate developers often prefer arbitration over jury trials for various reasons, not the least of which is the belief that they would fair better in front of an experienced construction law arbitrator than they would in front of 12 jurors who probably have little or no understanding of the construction industry.

READ THE REST OF THIS BLOG BY CLICKING HERE

 

Lack of Fall Protection Gets Contractor Big Fines

2010 - 11/08/2010 - Woburn, Mass., contractor faces nearly $87,000 in fines from US Labor Department's OSHA for fall hazards at Burlington, Mass., jobsite

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Create A Green Roof and Grazing Animals Will Come and Want To Eat It

From Wales (England) comes this tail (sic) of a daring ewe that saw that the grass was greener on the roof...

A BAA-MY sheep leapt onto a hospital’s “grass” covered eco-roof to graze and now a fence is to be built to keep livestock off it.
Ysbyty Alltwen, near Porthmadog, Gwynedd was built in 2009 to blend into the natural environment of south Snowdonia with local stone and an eco-friendly green roof, planted with sedum.
One daring ewe from nearby fields thought it looked so appetising it used a parked van as a stepping stone to leap onto the roof.
She would normally be thwarted by a gap of several feet between the Craig-y-Castell cliff face and the top of the building.

But when a contractor’s van parked up between the roof and the cliff the cunning sheep took its chance to test out the new greenery.
She initially climbed onto the van’s roof before leaping on the top of the hospital in Tremadog. The ewe was quickly spotted and she was safely removed after the incident last year.

READ MORE BY CLICKING HERE TO GO TO ENGLAND

From Durability & Design-Roofing Contractor Likely to Face Fines after Newly Applied Coating Washes into Creek

Roofing Contractor Likely to Face Fines after Newly Applied Coating Washes into Creek

This is a warning to everyone who puts down coatings, roof, deck, whatever...make sure it's dry so it don't wash into da creek!

A roofing contractor that applied a white acrylic coating to the roof of a commercial building in Palo Alto, Calif., is likely to face fines after a rainstorm washed paint into a nearby creek.
City officials said approximately 25 gallons of paint entered the stormwater-runoff system and washed into Matadero Creek when the storm hit early Sunday. The paint had been applied Friday and Saturday, but some apparently had not dried and cured sufficiently before rainfall arrived.

Read the rest at Durability & Design's website by clicking this link.