No Exceptions Taken: Understanding the Legal Consequences of Shop Drawings and Other Submittals

CSI Webinar: No Exceptions Taken: Understanding the Legal Consequences of Shop Drawings and Other Submittals Thursday, October 6, 2- 3:30PM ET   Speaker: Gerald Katz, Esq Credit: 1.5 AIA LUs, 1.5 PDHs Cost: Member $75, Non Member $95 Architects and engineers routinely stamp shop drawings and other submittals with vague language-e.g., "no exceptions taken"-intended to limit their scope of, and liability for, submittal review. This seminar will cover the legal significance of these disclaimers: how do courts treat these disclaimers and what are the consequences for other project participants, such as owners, contractors and subcontractors? Mr. Katz will also discuss related issues such as the contractual process under which submittals are prepared, submitted, reviewed and approved; the consequences of approving defective submittals; a contractor's obligation to review and approve the submittals of its subcontractors; and statutory obligations affecting submittals. The submittals process is vital to any successful project. Delays in submittal submission, review and approval can-and often do-significantly impact the project schedule. This seminar will address the often-overlooked contractual and legal issues surrounding submittals that owners, architects, engineers and contractors face on projects every day. Learning Objectives Understand the obligations under standard-form contracts of the owner, architect, engineer, contractor and subcontractors in connection with shop drawings and other submittals. Understand the legal significance of disclaimers and liability limitations used by the architect or engineer as part of their stamps. Understand the consequences to an architect for the approval of shop drawings and other submittals. Understand the architect's liability for delay in approving or taking other action on shop drawings and other submittals. Understand the contractor's obligation to review and approve shop drawings and other submittals. Understand the statutory obligations of architects and engineers in connection with shop drawings and other submittals. Register now! Have questions about CSI Webinars?  Read the FAQs  Train your entire team with one registration fee-participants are charged per site/telephone connection-not per person. Space is limited and is on a first-come-first-serve basis. All Registrations must be received 48 hours prior to the Webinar. Telephone dial-in and web log-in instructions will be forwarded to you 24 hours before event.

Enter Into Concrete Constructions Project of the Month

CC's Project of the Month Contest

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Concrete Construction Staff

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CC's Project of the Month is an opportunity for you, the reader, to showcase your latest work in the CC magazine and on www.concreteconstruction.net

Have an interesting project you'd like to submit? There are three ways you can submit your project:

1. Tag Concrete Construction in your project photo on Facebook. 
2. Send us a project photo through Twitter. 
3. Post your project photo to LinkedIn.

If selected as CC's Project of the Month, your proejct will be featured in the Your Voice section of Concrete Construction magazine,

 and in a web exclusive article on concreteconstruction.net, complete with a slideshow.

Deck Guard Services License Under Suspension-Reliable Source Says They Have Declared Bankruptcy

At CSLB's website, Deck Guard Services license #830525 is listed as suspended for not posting the required $12,500 bond.  

Their website is apparently gone, typing into my browser bar www.deckguardservices.com, I get an error message-"The domain name is correctly pointing at a valid Web server. This Web server does not recognize this domain name as a valid Web site.

If you are the Webmaster please contact Technical Support."

A phone call from a reliable source told me that a client of his had called their 800 number and was told that they had filed bankruptcy. A search at PACER https://pcl.uscourts.gov did not show any cases filed for bankruptcy as of today Sunday October 2. 

In Unique Fire Tests, Outdoor Decks Will Be Under Firebrand Attack! NIST To Test Deck Assemblies

In Unique Fire Tests, Outdoor Decks Will Be Under Firebrand Attack From NIST Tech Beat: September 27, 2011 Contact: Mark Bello  (301) 975-3776

The National Institute of Standards and Technology (NIST) will unleash its Dragon—a NIST invention that bellows showers of glowing embers, or firebrands—at a unique wind tunnel test facility in Japan, where researchers will evaluate the vulnerability of outdoor deck assemblies and materials to ignition during wildfires, a growing peril that accounts for half of the nation's 10 most costly fires. In a new report,* NIST researchers summarize suggestions for test designs and objectives offered by experts at a recent workshop convened in Los Angeles, Calif., with support from the U.S. Department of Homeland Security and input from the Office of the California State Fire Marshal. This input is now being formalized into plans for experiments that will be conducted in early 2012 at Japan's Building Research Institute (BRI) in Tsukuba. There, NIST and Japanese researchers have merged two technologies, NIST's Firebrand Generator (the "Dragon") and BRI's Fire Research Wind Tunnel Facility, which is devoted to studies of how wind influences fire. The combination gives them the singular capability to replicate a firebrand attack and expose structures to wind-driven showers of embers under experimentally controlled conditions. The brain child of mechanical engineer Samuel Manzello, the NIST Dragon is a two-meter tall, goose-neck-shaped stove pipe that breathes in wood chips and exhales firebrands at a controlled rate. Manzello created the Dragon to support NIST's program to better understand and prevent fires at the wildland-urban interface (WUI), with the ultimate aim of reducing property damage and human casualties. Firebrands, or embers, are generated as vegetation and structures burn in WUI fires. Post-fire damage studies have suggested for some time that firebrands are a significant cause of structure ignition in WUI fires. However, prior firebrand research has focused on how far firebrands fly, known as spotting distance, and has not yielded definitive results to guide development of building codes and standards.  In 2005, NIST began the cooperative research effort with BRI that ultimately led to the NIST Dragon becoming a permanent resident at BRI. NIST and BRI have used the combined facility to study the vulnerability of siding treatments, window glazing assemblies, and overhanging eaves to ignition during realistic firebrand showers. Results are shared with standards and regulatory bodies, insurers, and trade associations to inform their decisions on material and building requirements. Another study examined the effectiveness of the standard wire mesh used to cover building vents on houses. Manzello and his team determined that the 6-millimeter (1/4-inch) spacing required in building codes were too porous to, and did not, prevent firebrands from igniting materials placed behind the mesh. Consequently, the California Code of Regulations was recently amended to require significantly smaller mesh sizes to cover vent openings. Now, deck assemblies are slated to come under firebrand assaults from the NIST Dragon. Post-fire surveys conducted by NIST have documented that decks are vulnerable to ignition during wind-driven firebrand showers. However, codes and standards for decks have not been devised with detailed knowledge of the threat. For example, in California, where wildland fires are an annual threat to many communities, the State Fire Marshal adapted an ASTM fire test designed for roofing materials to determine the response of deck materials to firebrand showers. The test entails placing a burning crib on top of a test deck and monitoring physical changes for a set period. "It's assumed that this test represents a worst-case firebrand shower scenario," Manzello explains, "but no one knows for sure. The test does not simulate dynamic firebrand attack during a real wildland-urban interface fire. We are designing our full-scale tests to quantify the vulnerabilities and provide the basis for improvements in building codes." * S.L. Manzello and S. Suzuki. Summary of the 2011 Workshop on Research Needs for Full Scale Testing to Determine Vulnerabilities of Decking Assemblies to Ignition by Firebrand Showers. NIST Special Publication 1129, Aug. 2011.

From Construction Law Lien Blog-Details Count When It Comes To Filing Liens

The first words of the California Court of Appeals written opinion in Ball v. Steadfast-BLK are: "What's in a name?"  That's because the case involves a challenge to a mechanics lien, arguing that a California mechanics lien is invalid and unenforceable because it was filed by David E. Ball dab "Clark Air Conditioning & Heating," when the actual dba name registered by Mr. Ball with the Contractors State License Board (CSLB) is "Clark Heating and Air Conditioning."

Let me break it out for you, because the name is so close it tricks your mind.

Lien filed as:  Clark Air Conditioning & Heating
Official Name:  Clark Heating and Air Conditioning

READ THE ARTICLE BY CLICKING HERE

The Regenesis Report (National Edition) October 2011 is now available.

The Regenesis Report (National Edition) October 2011 is now available.  Go to www.Regenesis.net and LOGIN

IN THIS EDITION

To Gate or Not to Gate?  A security question.
Ask the HOA Expert.  Another compelling Q&A.
Interests in Conflict.  How to avoid them.
Doctoring the Docs.  Reasons to amend the governing documents.
Annual Meeting Celebrations.  Turn potty time into party time!
Quelling the Quarrel.  How to defuse explosive situations.
Like a River.  A fluid reality of change and flow.
Job Review A-H.  A keen analyst. Translation: thoroughly confused

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