Leaking decks and other moisture intrusion problems leads to suit

Kasdan Simonds Weber & Vaughan LLP | Twenty Five San Clemente Homeowners File Construction Defect Lawsuit Against Pardee Homes

Published with Blogger-droid v1.6.5

International Code Council-Evaluation Service's Mantra-"Protect the Public" Is It At Direct Odds With It's (Hidden) Mission-Profits? Why Won't ICC-ESR' Protect The Public From It's Westcoat ALX Problem?

Over the last few years I've written, called, posted and generally made a nuisance of myself with ICC-ES. I've complained multiple times about Westcoat Specialty Coatings of San Diego and their mis-use of their ICC-ES Report #2201.

in fairness, ICC-ES did finally issue a bulletin about "non-classified roof assembly's" but they didn't name names...just a generic bulletin that doesn't mean anything to anyone.

I've posted my opinion that ICC-ES is in it for the money...the fees they collect from the manufacturer's are large and it's these fees that end up paying the salaries, overhead and costs for ICC-ES to "evaluate" test results for the issuance of reports that say the product they are evaluating are code compliant.

To me, ICC-ES's continued refusal to do anything about Westcoat's (in my opinion) fraudulent mis-representation of their report. For those that don't know, the current ICC-ESR 1661 report for Westcoat ALX recognizes the system as described in the report as a Class A fire resistant roof system. Westcoat likes to say they have a One Hour test too, but that's not in their ICC report.

Under ICC regs, they can't say that in documents, advertising etc and use the ICC report number in the same literature...it's not true and to use the ICC report number infers that ICC has recognized the test data as being One Hour compliant...

I've complained and complained and ICC-ESR REFUSES to address their problem properly-by making Westcoat answer to their mis-representing the report. ICC-ES's Michael Beaton's answer was "Mr. Leys, we are actively working with Westcoat to bring this issue to a conclusion. We will let you know when the evaluation report has been revised."

Working with? What the hell does that mean? Oh, yeah...follow the money...it's all about money in my opinion. ICC-ES needs revenues from manufacturer's to continue to serve their clients-the manufacturer's. So ICC-ES won't do what they profess- "Protect the Public".

ICC-ES says it's the building code officials who are their clients...but they don't collect fees from any municipality that I am aware of. So who really is ICC-ES's clients? The manufacturer's are...without them, without their yearly fees for their report listings, fees for evaluating their products, fees for extending expired reports, fees, fees, fees... ICC-ES has no revenue sources.

I received an email from a source familar with ICC-Es who over several emails back n forth between us, opined the same thing-

Here is an excerpt-

"I share your opinion that ICC-ES does not want to lose the income.  ICC has become dependent on the profits from ICC-ES and it has been suggested that ICC-ES is under pressure to make more money.  You might want to look on the ICC-ES web site an look at the cost of their annual renewal fees.  Follow the money.

I do not believe that ICC-ES operates on a mission to “Protect the Public”.  They are a profit making business that happens to be owned by ICC.  While ICC can make the claim, although weakly, that their clients are the building officials ICC-ES’s clients are the manufacturers of the products and as a result they have a contractual/professional responsibility to promote the interests of their clients.

ICC-ES will make the claim that they see their client as being the building official but legally and practically their client is the manufacturer.  Do not expect ICC-ES to admonish their clients.  The whole ICC-ES system is biased in favor of the manufacturer."

Here is another excerpt-

"The reasons that manufacturers are forced to get evaluation reports is because building officials illegaly require evaluation reports and because architects and engineers have been brainwashed into insisting on evaluation reports.  This effectively creates a monopoly.  The various ways to address this are for the FTC to go after ICC-ES for promoting a monopoly,  somebody to sue a building official for illegaly requiring evaluation reports and publicize the judgement, and to educate design professionals what the code really requires.  To pull this off some of the manufacturers need to take some public action."

So what can be done? Pressure ICC and it's ICC-Es arm. Write, call, forward this post, go to their Facebook page and post on their wall and demand that they act to protect the public.  

Join in on the discussion at DeckExpert.com's Facebook page. DEMAND that they act. 

FACTS-Westcoat has over the last few years-

• Used Life Paint's ICC report number on their literature. Life Paint demanded they cease and desist. 
• Printed their ICC number on a tech bulletin with statements saying that the product is "One Hour". ICC told them to stop...
• Printed advertising that uses ICC-ES report number with a claim that the product is "One Hour". Complaints to ICC has resulted in no action by ICC-ES.
• Published in McGraw Hills Sweets online catalog the ICC-ES report number with the One Hour claim. ICC-ES refuses to act. 

It was suggested that perhaps the better alternative to ICC-ES is IAPMO-ES...time to start talking to them...

Maybe they'll "Protect the Public"

CONTRACTORS- Upcoming Seminar

 

Construction Claims seminar February 24, 2011

Understanding and Negotiating Your Construction Contract
Speakers: William L. Porter, Esq. and Conor H. McElroy, Esq.
Mar. 15 & May 17
SRBX, Sacramento

Construction Claims
Speaker: William L. Porter, Esq.
Feb. 24, Apr. 12 & Jun. 14
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

In this two-hour course you will learn how to protect your rights as a claimant in the construction collection process. The discussion identifies the proper documents to use, the timelines in which to use them, and to whom the documents must be provided in order to successfully pursue construction claim rights. Specific topics include the Preliminary 20 Day Notice, Conditional and Unconditional Waivers and Releases, Notices of Completion, Notices of Cessation, Mechanics' Liens, Bonded and Unbonded Stop Notices, Payment Bond Claims, Miller Act Claims, Prompt Payment Remedies, the Affidavit-Counteraffidavit Process and the Construction Lawsuit. Important industry forms, deadline diagrams, articles, additional helpful materials and tips from a construction attorney with more than 20 years of experience are provided.

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

 

Copyright ©2011 Porter Law Group, Inc. | Privacy Policy | Terms of Use

 

 

Concrete Decor Show Discount Deadline Approaching

---------- Forwarded message ----------
From: "Concrete Decor Show" <service@protradepub.com>
Date: Feb 14, 2011 4:11 PM
Subject: Discount Deadline Approaching
To: <bill@deckexpert.com>

Having trouble viewing this email? Click here

You're receiving this email because of your relationship with Professional Trade Publications, Inc.. Please confirm your continued interest in receiving email from us. To ensure that you continue to receive emails from us, add circ@protradepub.com to your address book today.

 

You may unsubscribe if you no longer wish to receive our emails.

Concrete Decor Show & Spring Training    Nashville, Tenn. March 14-18, 2011   Enjoy free general admission and 10% off all workshops and seminars until February 18, 2011* by   using this discount code when registering: TN2011      While You're In Nashville    On behalf of everyone at Concrete Decor, we want to invite you to join us in Nashville for the 2nd annual Concrete Decor Show & Spring Training event on March 14-18. The week is chock full of activities and events and we are looking forward to spending this time with you.   In addition to a growing number of exhibits and product demonstrations taking place in the exhibit hall this year, the nearly 80 educational opportunities offered include many hands-on workshops at Nashville's popular youth center Rocketown just six blocks from the entrance to the Nashville Convention Center. Complimentary bus service will provide daily service to and from Rocketown. These workshops are all hands-on and are a highlight of the event. Space is limited and our discount deadline is February 18.    The following is a listing of all the workshops being offered (click on any title for a full course description)    TU301W - Countertop Overlays & Sculpted Vertical Surfaces  TU602W - Building a Waterfall  TU703W - Advanced Artistic Techniques for Concrete Staining TU802W - Stamping and Stenciling Concrete TU505W - Polished Colored Concrete: Getting Color In and Keeping It There   WE806W - Decorative Effects with Stenciled Concrete WE109W - Learn Hand Carved Vertical Decorative Concrete WE307W - Advanced Technology: Fiber Reinforced Concrete for Decorative Pre-Casting   TH020W - Masking Patterns and MicroToppings for Ultra Decorative Finishes TH708W - Using the Airbrush for Enhanced Realism   FR311W - Concrete Countertop Casting: Press, Trowel, or Wet-Cast  _________________________________________________   Do you have Spanish-speaking staff or colleagues?  TH707S - Renovación de Concreto Usando Mancha Base Acido (Curso en Español) _________________________________________________   Nashville attendance is presently projected to be much higher than last year. Register now and prepare yourself for a week filled with information, knowledge and networking waith your peers.      Must Attend Events at the Concrete Decor Show    Tuesday, March 15 -     5:00pm - Opening Keynote: TBA. Welcome Reception immediately following. Free to all registered attendees.    Wednesday, March 16 -  5:30 pm - Women in Decorative Concrete Reception at the Renaissance Hotel.   Tickets: $35 6 pm - Concrete Decor Magazine 10th Anniversary party at Nashville Dinner Theater Free to all registered attendees .    Thursday, March 17 -     7 pm - Awards Dinner at Rocketown. Southern-style BBQ plus musical entertainment by  American Idol winner Ruben Studdard Tickets: $75.00   Friday, March 18 - 7am - Early-Bird Distributor Breakfast  Tickets: $35.00 Ways to Save in Nashville Enjoy complimentary lunch service in the exhibit hall from 12 - 1 pm on Wednesday and Thursday   Enjoy free in-room Internet service at the Renaissance Nashville Hotel as a registered attendee or exhibitor ofthe Concrete Decor Show & Spring Training event.   Transportation to and from the airport: Grayline service $16.00 round-trip ticket.  (Must be booked through Grayline Transportation)         Questions? Give us a call at (877) 935-8906. We'll see you in Nashville!   Help us to promote this event by encouraging your colleagues and customers to attend. Promotional tools are available here and can be used on company websites and newsletters. The Concrete Decor Show will improve your colleagues' and customers' perspective toward this growing industry.   Exhibit Space Still available.Call today (877) 935-8906 or click here. Hotel Headquarters The Renaissance Downtown Hotel is the place to stay if you're in town for the Concrete Decor Show. Discover the Renaissance Nashville Hotel and experience all that Music City has to offer within one distinctive property. Perfectly positioned in the business district, this recently renovated hotel in downtown Nashville is connected to the Nashville Convention Center.   Negotiated room rate is not guaranteed after   February 18, 2011. Reserve your room now.  Click Here for more information  Who Should Attend: Contractors and Tradespersons  The program will attract professionals who work with concrete and concrete toppings, as well as artisans and specialty contractors engaged in adding decorative treatments, stains, graphics or resurfacing materials to new and old concrete. Hands-on workshops and seminars will round out the conference. Supply Stores and Distributors Companies and individuals interested in starting or expanding distribution of decorative concrete materials and equipment will find opportunities to see the latest products and learn more about trends that address the needs of decorative concrete specialists. Architectural Specifiers in Design Professions Professionals engaged in designing and specifying decorative or architectural concrete floors, walls or features will have opportunities to gain a better understanding of creative alternatives. Presentations will include case histories of LEED-certified projects. Many seminars and workshops will offer AIA CEUs. * After February 18, 2011 general admission will be increased to $25 and no discounts will be accepted.

Forward email This email was sent to bill@deckexpert.com by service@protradepub.com |   Update Profile/Email Address | Instant removal with SafeUnsubscribe™ | Privacy Policy. Professional Trade Publications, Inc. | PO Box 25210 | 228 Grimes St | Eugene | OR | 97402

Waterproof Products -- Westcoat Specialty Coating Systems - Building Product Manufacturer in Sweets Network

Westcoat Specialty Coatings is still fraudulently misusing their icc report. It is not recognized as one hour on the icc report. Fraud!

http://products.construction.com/Manufacturer/Westcoat-Specialty-Coating-Systems-NST151629/products/Waterproof-Products-NST34323-p

Bill Leys
The Deck Expert
follow me on twitter @deck_expert
Central Coast Waterproofing
Ca Lic 890269

Raleigh NC HOA accused of frivolous spending on Parties But Not Maintenance

Tsk tsk...read about this BOD and its spending ways...Raleigh HOA accused of spending $11K on parties, ignoring repairs :: WRAL.com

Published with Blogger-droid v1.6.5

The Regenesis Report (National Edition) Homeowner Association Information

-----Original message-----

From: Rich Thompson <rich@regenesis.net>
To: Regenesis List <List@lists.regenesis.net>
Sent: Wed, Feb 2, 2011 05:03:37 GMT+00:00
Subject: The Regenesis Report (National Edition) Homeowner Association Information

The Regenesis Report (National Edition) February 2011 is now available for viewing at www.Regenesis.net

IN THIS EDITION

Board Under Attack!  It ain’t pretty.
Ask the HOA Expert™.  Another set of provocative Q&As.
Components of an Enforceable Rule.  Parts is parts.
Lifting the Veil.  The whys and wherefores of full disclosure.
Mushroom Meetings.  Hold yours in the light of day.
The Loneliness Within.  The lost can find their way back.
The Bandwagon.  What does it mean and where can I jump aboard?
Not THIS Again!  How to avoid being your own worst enemy.
Paraprosdokians 2.  Nostalgia isn’t what is used to be.

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?

Richard L. Thompson
The HOA Expert™
www.Regenesis.net

If you no longer wish to receive this information, simply respond to this email with UNSUBSCRIBE

 

 

 

 

Fire On Deck in Novato Stopped Cold by Fire Sprinkler

Saw This in my Google alerts. A cigarette carelessly discarded into a bucket on a deck ignited the debris in the bucket.
This complex was spared significant damage because of a fire sprinkler. Read about it by clicking the link.


Families Saved by Sprinkler at Ignacio Condo Fire - Novato, CA Patch

Published with Blogger-droid v1.6.5