Sunday, September 23, 2007

Straight Issues | Leaky-condo legal battle rumbles on | Straight.com

Straight Issues | Leaky-condo legal battle rumbles on | Straight.com: "Straight Issues Leaky-condo legal battle rumbles on Straight Issues Publish Date: July 19, 2007 The struggle of leaky-condo buyers is far from over. Take the case of Strata Plan LMS 1725 , owners of units at the Governor's Tower and Villas condominiums in Yaletown. It took no less than a B.C. Supreme Court ruling to allow them to retain an engineering firm to rehabilitate the buildings that suffered from water-penetration problems following their construction in 1994. Property developer Pacific Place Holdings Ltd . had objected to their hiring of RDH Building Engineering Ltd. on the grounds that the same firm had previously provided expert advice to the builder. In a July 12 decision, the court noted that the developer's application to disqualify the engineering company will not only delay the repair and hike costs but also 'increase the difficulties' of owners. This won't end the legal fight. The condo owners earlier sued the builder. The trial will start in January 2008, the 245 owners' lawyer, Robert Lesperance , told the Straight . At least 65,000 homeowners in B.C. have been affected by the leaky-condo problem, according to estimates by the Consumer Advocacy and Support to Homeowners Society. Society cofounder John Grasty noted that building tarps are visible across the Low"

Coalition of Leaky Condo Owners Home Page

Coalition of Leaky Condo Owners Home Page

Our Canadian neighbors to the north aren't exempt from leaky condo's; here's a great Blog from the Great White North!

Tales from downunder-Waterproofing Expensive townhouses

April Showers Waterproofing Pty Ltd - Waterproofing expensive townhouses:

I found this to be an interesting story; it's nice to see that we're not the only ones with water intrusion problems...

"Waterproofing expensive townhouses 339 Edgecliff Rd consists of a number of large townhouses set up in a terraced layout - all with Sydney Harbour and Rose Bay views. The complex was built in the early 1970s and is on the lower side of Edgecliff Rd, Woollahra. The buildings have had water penetration problems for well over 10 years with water entering in through the roof, the balconies and cavity walls. The Body Corporate engaged a forensic architect who specialises in remedial work to advise them on the best way to solve the buildings problems. The architect developed a staged plan to bring the building up to scratch over a three-year period. Because of the high value of the townhouses and the fact that many previous waterproofing attempts had failed, the water leakage problems were among the first issues addressed. The architect recommended a PVC waterproofing system be used to waterproof the flat roofs, balconies and to replace the defective cavity flashings. PVC was chosen because of its total reliability and track record in waterproofing structures where other systems had failed. April Showers Waterproofing Pty Ltd, experienced sheet PVC applicators and licensed builders, was awarded the contract to carry out the waterproofing and associated works. After waterproofing the roof are"

ArchitectureWeek - Building - SoCal Concrete - 2007.0516

ArchitectureWeek - Building - SoCal Concrete - 2007.0516: "SoCal Concrete by Michael Chusid The Rice Residence, on a hillside above Los Angeles, expresses an idyllic Southern California lifestyle with daylight saturating every room, a floor plan that encourages casual indoor-outdoor living, and spectacular views of the Pacific Ocean in the distance. While some buildings demand to be the center of attention, this structure defers to the natural beauty of the landscape and the activities of its occupants. It's not until the ebullient homeowner, Ed Rice, says, 'Come on, I want you to see the roof!' that a visitor realizes the structure of the building is as exciting as its architecture. There is no doubt about it — Edward K. Rice, FACI, is a concrete man. Not only has he been granted 19 patents in concrete and construction technology, but he also co-founded and served as president of T.Y. Lin & Associates — an engineering firm known for concrete innovation. Rice has also owned a concrete construction company and taught engineering and material science at the University of California, Los Angeles. He even has a fully equipped concrete laboratory in his basement, where he continues his quest for improved concrete. So in 1963, when it came time to build a home for his growing family, it was only natural for Rice to apply all-concrete construction "

Residential Contractor Magazine

Residential Contractor Magazine: "Waterproof Decks Waterproof decks and coatings demand careful selection by builders who want to avoid litigation."

Builder and Developer's Tips to Compelling Arbitration in Construction Defect Claims

Builder and Developer: "Tips to Compelling Arbitration in Construction Defect Claims By adding the appropriate language to contracts, homebuilders have the ability to compel arbitration in many construction defect claims, providing a valuable alternative to litigation. by John E. Bowerbank Often homebuilders are surprised to learn that under California law, a home purchaser can willingly and voluntarily enter into an agreement with the homebuilder for binding arbitration of construction defect claims, but later decide to avoid the arbitration provision and sue the homebuilder in California courts. Section 1298.7 of the Code of Civil Procedure specifically allows a home purchaser to opt out of arbitration and file suit in the courts. If California law applies to the arbitration provision, a builder cannot successfully compel binding arbitration after a homeowner files a lawsuit in the California courts. The million dollar question is whether there is a way to circumvent California’s law against compelling arbitration in construction defect lawsuits. The answer is “yes,” provided a builder can demonstrate that the real property purchase involved “interstate commerce.”"

READ THE REST OF THIS ARTICLE AT BUILDER & DEVELOPER MAGAZINE BY CLICKING THE LINK ABOVE