Tuesday, March 5, 2013

Fwd: Fire Sprinklers Save Lives


Congress can honor the memory of those who lost their lives in the Station Fire in W Warwick RI in 2003 by passing the Fire Sprinkler Incentive Act...


Press Statement on the Need for Fire Sprinkler Legislation

On January 26, the world watched a great tragedy unfold as 235 people were killed in a nightclub fire in Santa Maria, Brazil. The U.S. fire service extends its deepest sympathies to the victims' families as they cope with this tragic loss. The deaths of these individuals is made all the more tragic due to the preventable nature of their deaths, and further highlights the long overdue need for Congress to take substantive steps to encourage safer buildings and prevent future tragedies like this from occurring in the United States.
The threat of fire spans all nations. The recent tragedy in Brazil immediately invokes memories of mass-fatality fires in the United States, such as the 2003 Station nightclub fire in West Warwick, R.I. which killed 100 occupants. As in Brazil, a simple fire sprinkler system could have drastically improved survivability rates for victims of the Station nightclub fire. As the nation mourned their loss in 2003, it watched as members of Congress introduced the Fire Sprinkler Incentive Act to assist property owners in retrofitting their properties with fire sprinklers. Ten years later, Congress has failed to pass the Fire Sprinkler Incentive Act.
Since the Station nightclub fire and the original introduction of the Fire Sprinkler Incentive Act, fires in the United States have killed nearly 30,000 people, injured almost 100,000, and caused countless billions of dollars in damage. The proven technology of fire sprinklers has continued to demonstrate increased survivability rates in fires of 86% and reduced damage rates by 69%. Every day, far too many people are dying preventable deaths in buildings that are not sprinklered.
The 10th anniversary of the Station nightclub fire, February 20, is fast approaching. Congress can honor the memory of the Station nightclub fire victims by reintroducing and passing the Fire Sprinkler Incentive Act and helping property owners make their buildings safer. There will be another dangerous fire in a crowded building, the only question is whether the people inside will have a chance to escape. Congress must lead the way for safer buildings in the United States by passing the Fire Sprinkler Incentive Act.

* Fire Team USA * International Association of Arson Investigators *
* International Association of Fire Chiefs * International Code Council * * International Fire Service Training Association * International Society of Fire Service Instructors * *National Association of State Fire Marshals * National Fallen Firefighters Foundation *
*National Fire Protection Association * National Fire Sprinkler Association *
*National Volunteer Fire Council * North American Fire Training Directors *

February 6, 2013
Contact: Bill Webb

FROM WAHOO DECKS-Will an Aluminum Deck Rust?

Wahoo makes aluminum decking, which can be placed over areas that are meant to stay dry. 

Here's an article they wrote on rust and aluminum decks. 

Will an Aluminum Deck Rust?

It's a question that we get asked often here at Wahoo Decks and it's a relevant question. Many fear that because aluminum is metal, like most metal products, it will eventually rust. Even so, the fact of the matter is that aluminum does not rust; however, aluminum can corrode. First, let's address how rust can actually affect aluminum and what you can do to prevent it.

"When iron-containing metals combine with oxygen, oxidation, and eventually rusting, occurs. Because aluminum, like copper, is not an iron-containing metal, it doesn't actually rust itself. If you have a rust stain on an aluminum surface, it's not because the aluminum itself has rusted. More likely, it has been stained from a nearby metal. If an iron-containing metal, such as steel, rest on, is attached to, or drips water on another surface, it can create a reddish-brown stain and make it appear that the surface has rusted" (Rust on Aluminum).

READ THE REST AT THIS LINK HERE http://wahoodecks1.wordpress.com/2013/03/05/will-an-aluminum-deck-rust-wahoo-decks/

Saturday, March 2, 2013

Fwd: The Regenesis Report (National Edition)



Regenesis Report for HOA's is out...read up! 

The Regenesis Report (National Edition) March 2013 is now available.  Go to www.Regenesis.net then Subscriber Login.

IN THIS EDITION

Reasons for Reserves. And a one and a two.
Ask the HOA Expert. Another compelling Q&A.
Owner Bankruptcy & HOA Assessments. How they relate to each other.
Security Goes Green. Using the "net" to net crooks.
4 Leadership Lessons from Abraham Lincoln. They survive the test of time.
An Unhidden Agenda.  How to streamline your board meetings.
Understanding Change. Monkey see, monkey do.
Deja Vu Times Two. The wisdom of Yogi.
Not So Fast. Make sure you understand the question

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 complex 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

Please share The Regenesis Report with someone that you love.


Richard L. Thompson

The HOA Expert
www.Regenesis.net


Friday, March 1, 2013

Thunderbird Products Introduces New website


Thunderbird Products of El Cajon, a maker of deck drains for many specialty applications, has introduced their new website at http://www.thunderbirdproducts.com/index.html.

The new website is easier to navigate and with the new site comes some new drains in stainless steel too.

Check out the drains and gutters that they offer as well as water jet services too. 

Tuesday, February 26, 2013

Fwd: Porter Law Group Bulletin

Porter Law Seminar on Indemnity & Defense Construction Law Changes for 2013. 


If this email doesn't display correctly, view the online version

Porter Law Group
Bulletin Newsletter

California Indemnity and Defense
Construction Law Changes for 2013

Death of "Type 1" Indemnity in California Construction

For many years the prevalence of the "Type 1" indemnity clause has been the subject of fierce debate within the construction industry.  Subcontractors have complained that they are saddled with indemnity obligations that require them to indemnify contractors from construction-related claims for which these subcontractors are truly not responsible.  In defense, contractors have argued that they must be entitled to the freedom to set contractual terms to best protect themselves and they point out that subcontractors are certainly free to negotiate better terms or turn down work.

In This Issue

Understanding and Negotiating Your Construction Contract
Speakers: William L. Porter, Esq. and Conor H. McElroy, Esq.
June 11 & Oct. 22
SRBX, Sacramento

Construction Collections
Speakers: William L. Porter, Esq.
Apr. 9 & Aug. 13
SRBX, Sacramento

Cost: $25 SRBX members,
$45 non-members
To register, contact Erin Lynch at 916-442-8991 ext. 105 or erin@sacregionbx.com

See all seminars

After many years of debate and small legislative inroads in prohibiting Type 1 indemnity in residential projects and where it concerns the "sole negligence", "willful misconduct" or the "design defects" of others, the California legislature has finally spoken broadly and definitively on the issue of Type 1 indemnity clauses in construction contracts.  Under new Civil Code section 2782, beginning with contracts entered into on or after January 1, 2013, broad "Type 1" indemnity clauses shall be void and unenforceable in the context of both private and public construction projects in California.  Civil Code section 2782 now makes it clear that subcontractors can no longer be required to indemnify against another's active negligence in connection with construction contracts, whether public or private.  Specifically, note the following:

What the New Indemnity Law Does Do:

  1. No Shifting Public Owner Active Negligence to Subcontractors: Under prior law, indemnity provisions in public works contracts were unenforceable when the provision purported to shift liability for the active negligence of a public entity to the contractor.  Under the new law, this same protection is extended to subcontractors.  Contract provisions where the contractor purports to shift the liability for the public entity's active negligence to subcontractors are no longer enforceable. Civil Code section 2782(b)(2).

  2. No Shifting of Private Owner Active Negligence: The same protections noted above are also extended to Private Construction Projects.  Under the new law, except as to a homeowner performing a project on a single family dwelling, owners of Private Projects cannot enforce contract provisions which purport to relieve the private owner for its own active negligence or shift liability for such active negligence to contractors or subcontractors. Civil Code section 2782(c).

  3. No Shifting of Contractor Active Negligence: The new provisions noted above apply specifically to the active negligence of both the public and private owner. New Civil Code section 2782 also prohibits the shifting of liability for the active negligence of general contractors or construction managers to subcontractors or the shifting the liability for the active negligence of one subcontractor to another subcontractor.  This includes a prohibition of requiring subcontractors to indemnify contractors for claims that "do not arise out of the scope of work of the subcontractor pursuant to the construction contract". Civil Code section 2782.05(a). 

  4. Changes to Defense Obligations: As to the obligation to provide a legal "defense" to construction claims, the customary past practice was for construction contracts to require subcontractors to secure legal counsel immediately on receipt of a claim that falls under the indemnity clause.  Under the new law such provisions are unenforceable.  Instead, a subcontractor will have no defense and indemnity obligation unless the contractor first provides a written tender of the claim that follows the requirements of the new statute.  These requirements include providing specific information provided by the original claimant relating to that part of the claim caused by the subcontractor's work.  In addition, contractors can no longer require that subcontractors be required to pay for the defense of those parts of the overall claim that do not relate to the subcontractor's actual work on the project.  Civil Code section 2782.05(a), (e).

  5. No "Choice of Law" Option: The new law prohibits efforts to incorporate into construction contract "choice of law" clauses which attempt to apply the laws of other states to avoid the above provisions.  Civil Code section 2782.05(c), (d). 

What the New Indemnity Law Does NOT Do:

  1. No Impact on "Wrap" Insurance Policies or Surety Agreements: The new law does not apply to obligations set forth under the terms of "Wrap" insurance policies or indemnity agreements required by sureties.

  2. No Relief for Design Professionals: The new law does not apply to contracts with design professionals.

  3. No Relief on Immediate Defense Obligation of Direct Contractors: The new law does not relieve the direct or "prime" contractor from any contractual obligation to provide a complete and immediate legal defense to owners for claims brought by third parties relating to the work of contractor and subcontractors on a project.  This is despite the fact that the new law does not always allow a contractor to pass such obligations on to subcontractors.

  4. No Change in "Additional Insured" Obligations: The new law does not prohibit contractual provisions that require subcontractors to name contractors and/or owners as "additional insureds" under insurance policies required under the terms of the contract.  Nor does the new law change the obligation of an insurer to provide an immediate defense to claims if required by the terms of the contract.

Problems on the Horizon:

  1. "Active" vs. "Passive" Negligence: While owners and contractors are now prohibited from passing liability for "active negligence" to lower tier contractors and subcontractors, they are not prohibited from passing down their liability for "passive negligence".  The distinction between active and passive negligence is not entirely clear or subject to ready determination and in most circumstances must be decided on a case by case basis at considerable expense to both contractor and subcontractor.

  2. Cumbersome Claims Procedure Under Civil Code Section 2782.05: The new law provides a claims procedure for contractors making indemnity and defense demands on subcontractors.  Contractors now must be very specific in describing the claims, including providing "a written statement regarding how the reasonable allocated share of fees and costs was determined".  Subcontractors may defend using their own counsel or by paying "no more than a reasonable allocated share of the general contractor's … defense fees and costs".  How this will work in practice and what challenges might be posed as contractors and subcontractors attempt to apply these laws and procedures remains to be seen.

  3. Impact on Insurance Rates: The prevailing view seems to be that insurance rates for general contractors will increase and insurance rates for subcontractors will decrease as a result of the law.  Most speculate that the increase or decrease will be slight.  We shall see.

In Conclusion: With the advent of the new law, owners, contractors and subcontractors alike should review their written contracts and their "indemnity and defense" clauses in particular to insure that they maintain all protections available to them under the new law.  They should insure that lower tier contractors and subcontractors provide adequate insurance and additional insured certificates are provided and maintained.  As to those contractual indemnity and defense clauses containing terms which are clearly prohibited under the new law, the clauses should be amended so that they comply with the law to the greatest extent possible, lest the entire indemnity clause be stricken by a court as unenforceable.

 

Article written by William L. Porter, Esq. in 2013. Mr. Porter is a principal in The Porter Law Group, Inc. in Sacramento, California. He can be reached by phone at (916) 381-7868.

info@porterlaw.com
Tel 916-381-7868    Fax 916-381-7880
7801 Folsom Boulevard, Suite 101    Sacramento, California 95826

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Monday, February 25, 2013

CSLB Issues Warrant For Cunningham the Repair Man

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James Cunningham
Unlicensed Contractor


VIOLATIONS:
Fraudulent use of a Contractors License not issued to him, Contracting without a license, no workers' compensation insurance, illegal advertising

KNOWN LOCATIONS:
Visalia Area (Tulare County)

BUSINESS NAME(S):
Cunningham The Repair Man

OTHER:
Cunningham used a licensed contractor's license number to provide a contract to paint and repair the interior of a house being flipped by a funding company.

Due to a prior criminal history, Cunningham was issued a $100,000 arrest warrant on January 15, 2013.

Attempts have been made to locate Cunningham, but his current address is unknown.

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