Bill Leys to Present at JLC Live! Residential Construction Show in Portland OR

I am pleased to announce that I have been invited back to speak at the JLC Live Residential Construction Show

for this years west coast event to be held in Portland OR December 7th through the 9th. 

The educational track I will be discussing is "Best Practices in Building & Waterproofing Decks" is scheduled for Friday December 9th at 2:45 pm. 

The program is scheduled for one hour and fifteen minutes and will be presented with a Powerpoint slide presentation and we'll have materials and                                                     products for a  "hands on" discussion. 

Watch for more information to come; click on the link above to go the the JLC website and register.

  

Call for Presentations " Coverings"

A Call for Speakers has been issued for Coverings 2012, scheduled to take place April 17-20, 2012 at the Orange County Convention Center in Orlando, FL. The deadline to submit presentations is Monday, August 15, 2011. 

"If you're an expert on design trends, installation, green building, fabrication, restoration,

 retail sales or have worked on tile or stone installations, here's your chance to participate 

in the largest event for tile and stone in the Americas," Coverings' organizers say. 

Submit your proposal to speak at Coverings and be a part of this event for the tile and

 stone industry. The show's audience includes:

• Dealers/Distributors
• Retailers
• Architects
• Designers
• Builders/Remodelers
• Manufacturers Installers

Coverings sessions are free to registered attendees and offer continuing education credits 

through AIA, IDCEC, NKBA, as well as state CEUs. 

Session topic areas include: Tile and Landscape Architecture; Tile Usage in Hospitality and 

Health Care Design; Installation of Tile and Stone Slab; Proper Use of Installation Materials; 

Green Building; Retail Sales and Marketing; and Fabrication. 

A limited number of session times are available. Selections will be made no later than

 November 1, 2011 and all submitters will be notified of their status by November 15, 2011.

Please email Michele Peake at mnpeake@ntpshow.com for more information.

Unlicensed Contratcor/Workers Comp Case Involves HOA...Read and Learn Why Due Diligence is Required!

GONZALEZ v. DeBERRY

LUIS GONZALEZ, Plaintiff and Appellant,

v.

ANDREA DeBERRY ET AL, Defendants and Respondents.

No. A125251.

Court of Appeals of California, First District, Division Two.

Filed July 25, 2011.

Respondents Andrea DeBerry and Alice Farrelly are the owners of a three-story condominium building located on Sacramento Street in San Francisco. They set up the "3515-17-19 Sacramento Street Homeowners Association" (HOA) and serve as its officers. The HOA manages the property and contracted with Bruce Parsley to paint the exterior of the building. The Covenants, Conditions, and Restrictions (CCRs) of the HOA mandated that the HOA "shall acquire and maintain . . . [w]orker's compensation insurance to the extent necessary to comply with any applicable law." However, when the HOA negotiated the painting contract with Parsley, he lied and said that he maintained both general liability insurance and workers' compensation insurance. He also provided fake documentation of non-existent insurance. Respondents state that they relied on these false representations and "assumed" that since Parsley was insured he must also be licensed.

Appellant was a member of Parsley's painting crew in September 2005 when he was injured. He was suspended in a bosun's chair,² and working near the top of the building's interior light well, when the chair's rigging snapped and dropped him approximately 20 feet to the bottom of the shaft. Appellant suffered serious injuries, including damage to both shoulders and numerous fractured bones. Parsley was cited under the California Occupational Safety and Health Act (Cal-OSHA) (§ 6300 et seq.) for three workplace safety violations, including a citation for the "worn" rigging line that broke and caused appellant's fall.³

Appellant applied to the Workers' Compensation Appeals Board (WCAB) and also filed this action. Since Parsley had no insurance, the Uninsured Employers Benefits Trust Fund (UEBTF)⁴ joined the other respondents as a party pursuant to the provisions of sections 3715 and 3716. In 2008, the UEBTF settled appellant's claim against the Fund for $25,000. Respondent DeBerry's Homeowners policy insurer and the HOA each contributed $4,444 under the terms of the settlement agreement executed by the parties, which also recited that it did not "resolve the appellant's superior court case for negligence filed in connection with the subject accident" and that respondents were not "willfully uninsured."

READ THIS CASE BY CLICKING HERE

Complimentary Homeowner Association Document Review and Defect Investigation

Complimentary
Homeowner Association
Document Review and
Defect Investigation

PROBLEM

The directors of many newer associations have concerns about the condition of their project and specifically want to know what responsibility they have to investigate suspected problems and whether they have claims which might expire.

SOLUTION

Berding|Weil will do a quick, no-cost investigation of potential construction claims using acknowledged experts in their field. We will research and review necessary documents and advise the board of statutes of limitation that might interfere with their potential recovery.

WE WILL

1. Meet with the board of directors and discuss information already known about potential construction problems.
2. Review the association's governing documents and maintenance manuals to identify the association's repair responsibilities; dispute resolution requirements; and possible triggers for statutes of limitation.
3. Review the association's key maintenance and repair records for indications of abnormal construction issues.
4. Prepare a questionnaire to the individual owners if necessary to accumulate further information on suspected construction problems.
5. Retain an expert — architects or engineers — appropriate for the problems indicated by our discussions with the board and the members and our review of the documents, and coordinate a preliminary inspection by one of these experts.
6. Meet a second time with the board and the expert(s) to discuss the findings of our review and the expert opinion on potential problems. Provide the board with our recommendation of the best approach for resolution of the problem with the builder and to protect the association from the expiration of claims. If claims are identified, we will also:
7. Prepare and send the necessary notice under the California Civil Code to suspend statutes of limitation on claims that might otherwise expire.

BERDING|WEIL will undertake this investigation, retention of experts and review without cost to the association. Depending upon the amount and availibility of the material necessary for the review, these investigations can usually be completed in three to four weeks from the time of the first meeting with the board.

If we can help your association, email complimentary@berding-weil.com or contact any of the following Berding|Weil partners: Tyler Berding, Randy Paul,Dan Rottinghaus, Scott Barton, or Paul Windust at 925-838-2090, or Allison Andersen in Sacramento at 916-712-0729, and we will schedule a meeting with your board of directors.

AVM Products on Sale At Quest Building Products

Got a flyer today from Quest Building products of Anaheim. 

They have AVM Industries decking products on sale for 30% off instock only.

Tell them you heard about it from DeckExpert.com!

Quest Building Products is at 714-738-6640

Call For Presentations Announcement

The Concrete Decor Show is coming to San Antonio, February 20-24, 2012.    The Concrete Decor Show is looking for innovative and informative  presentations on the art and business of decorative concrete.    We are looking for basic and advanced courses for educational seminars  and hands-on workshops. Topics can be drawn from the entire field of  decorative concrete but must be non-proprietary.     By submitting a presentation for the 2012 Concrete Decor Show, you will  help shape our educational program as well as the future of your industry.  As a speaker/trainer, you will gain visibility in the industry and contribute to  the advancement of your profession. Earn recognition for your expertise  and leadership, and help the industry grow at the same time.     We are looking for hands-on workshops, seminars and panel discussions to complete our educational line-up.  Also, just like in previous years, we  will be partnering with a local community project in San Antonio, Texas.   To review presentation guidelines and submit your presentation please visit  the link below.   Submit Presentation Final submissions are due by August 30, 2011. Thank you for your interest in partnering with the Concrete Decor Show.  We look forward to working with you.   Sincerely,   The Concrete Decor Show Staff   877-935-8906

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