Saw this on a blog I follow...contractors, achitects and others take note...
Summary: Zerjal v. Daech & Bauer Construction, Inc.
This decision concerns the limitation of liability in a home inspector’s contract. But the principles involved affect building contractors, architects, engineers, other professionals, and anyone else who would also like to contractually limit their exposure. And it's all the more compelling because these judges enforce the limitation not against a Fortune 100 company, but against that most sacred of judicially protected constituencies: the homeowner.
In enforcing the limitation, the judges hold that contractually capping liability to a refund of fees paid:
•Isn't “unconscionable,” and
•Doesn’t violate “public policy"
READ THE WHOLE ARTICLE AT JOSH GLAZOV's blog by clicking here
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Friday, January 14, 2011
HOA in Nevada Turns water off to home...despite payment plan with homeowner.
I picked this up from my Google alerts...
HOA Hall of Shame adds most shameful member yet - KTNV ABC,Channel 13,Las Vegas,Nevada,News,Weather,Sports,Entertainment,KTNV.com,Action News .:.
HOA Hall of Shame adds most shameful member yet - KTNV ABC,Channel 13,Las Vegas,Nevada,News,Weather,Sports,Entertainment,KTNV.com,Action News .:.
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Thursday, January 13, 2011
Contractor scams homeowner who almost lost house...
Pacifica woman wins lawsuit, keeps house after being conned - San Jose Mercury News
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Wednesday, January 12, 2011
HOA's and CONDO's/PUDs-The January Regenesis Report is Out
The Regenesis Report (National Edition) January 2011 is now available for viewing at http://www.regenesis.net/
IN THIS EDITION
The Rogues Gallery. Does your board have some?
Ask the HOA Expert™. Another set of provocative Q&As.
The Resale Package. What is it and why it costs so much?
Winterizing Vacancies. Snow birds take notice.
Bark Free Zone. Move over rover.
Paint a Montana Sky. Let your paint palate soar!
Good Looking Hood. Keep the cribs stylin’.
Interview with God. If you ask, he’ll answer.
Paraprosdokians. War doesn’t determine who is right, only who is left.
ADVERTISERS The Regenesis Report reaches over 10,000 homeowner association boards and managers nationwide each month.
For advertiser information, see www.regenesis.net/advertise.htm
DO YOU BELONG TO A SELF MANAGED HOA? Regenesis.net is specifically designed to assist self managed HOAs with management issues. Besides the personalized Ask the HOA Expert™ service, there is a vast number of self-help resources…all for only $99/year. For details, see www.Regenesis.net/SubscriberInformation.htm
Why not share The Regenesis Report with someone you love?
IN THIS EDITION
The Rogues Gallery. Does your board have some?
Ask the HOA Expert™. Another set of provocative Q&As.
The Resale Package. What is it and why it costs so much?
Winterizing Vacancies. Snow birds take notice.
Bark Free Zone. Move over rover.
Paint a Montana Sky. Let your paint palate soar!
Good Looking Hood. Keep the cribs stylin’.
Interview with God. If you ask, he’ll answer.
Paraprosdokians. War doesn’t determine who is right, only who is left.
ADVERTISERS The Regenesis Report reaches over 10,000 homeowner association boards and managers nationwide each month.
For advertiser information, see www.regenesis.net/advertise.htm
DO YOU BELONG TO A SELF MANAGED HOA? Regenesis.net is specifically designed to assist self managed HOAs with management issues. Besides the personalized Ask the HOA Expert™ service, there is a vast number of self-help resources…all for only $99/year. For details, see www.Regenesis.net/SubscriberInformation.htm
Why not share The Regenesis Report with someone you love?
Sunday, January 2, 2011
From John Bridge Tile Forums-Schluter System Blamed In Tile Deck Failure, Installer Needs to Blame Himself
John Bridge doesn't want me on their forums, probably because I say most Tile Installers can't waterproof properly...this post and the thread following it pretty much proves it. Again.
Read the thread using this link...John Bridge Forums
There's many an opinion thrown around on the 7 pages of threads from the original posts, but in my opinion, the tile installer just plain F'd up...no edge flashings, no control joints, admits deck has flex in it, the list goes on...
Moral of the Story Get a tile guy to tile, get a waterproofer to waterproof. I would not have touched this deck until it met all standards set by APA, TCNA and Schluter...
Read the thread using this link...John Bridge Forums
There's many an opinion thrown around on the 7 pages of threads from the original posts, but in my opinion, the tile installer just plain F'd up...no edge flashings, no control joints, admits deck has flex in it, the list goes on...
Moral of the Story Get a tile guy to tile, get a waterproofer to waterproof. I would not have touched this deck until it met all standards set by APA, TCNA and Schluter...
Saturday, January 1, 2011
From the State Bar of Wisconsin - Application of economic waste rule does not require evidence of diminished value
Saw this on my Google alerts...interesting take on "Construction Defects"
By Joe Forward, Legal Writer, State Bar of Wisconsin
The economic waste doctrine will prevent a party from obtaining a windfall for construction defects. But an appeals court recently clarified that evidence of a property's diminished value as a result of the defect is not necessary in the damages equation.
Dec. 30, 2010 – In determining whether a defendant must fully replace a construction defect or simply repair it, application of the economic waste rule does not require the defendant to present evidence of the property’s diminished value.
Champion Companies of Wisconsin Inc. sold bricks to Stafford Development LLC, which Ricky Zanow owned. Glen-Gery Corp. manufactured the bricks. Stafford Development used the bricks to build Zanow’s home. Turns out, the bricks had cosmetic defects.
Zanow sued Glen-Gery seeking $344,000 in damages to replace every brick. Glen-Gery argued that repairing the bricks was the proper remedy, and repairs would cost less than $7,500. Neither party offered credible evidence as to the diminished value of the property.
READ THE REST OF THIS ARTICLE BY CLICKING HERE
By Joe Forward, Legal Writer, State Bar of Wisconsin
The economic waste doctrine will prevent a party from obtaining a windfall for construction defects. But an appeals court recently clarified that evidence of a property's diminished value as a result of the defect is not necessary in the damages equation.
Dec. 30, 2010 – In determining whether a defendant must fully replace a construction defect or simply repair it, application of the economic waste rule does not require the defendant to present evidence of the property’s diminished value.
Champion Companies of Wisconsin Inc. sold bricks to Stafford Development LLC, which Ricky Zanow owned. Glen-Gery Corp. manufactured the bricks. Stafford Development used the bricks to build Zanow’s home. Turns out, the bricks had cosmetic defects.
Zanow sued Glen-Gery seeking $344,000 in damages to replace every brick. Glen-Gery argued that repairing the bricks was the proper remedy, and repairs would cost less than $7,500. Neither party offered credible evidence as to the diminished value of the property.
READ THE REST OF THIS ARTICLE BY CLICKING HERE
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