POS Pacifica Contractor Going to Jail

A Redwood City man was sentenced last week to a two-year prison sentence after

 defrauding a Los Altos resident of nearly $400,000 for a sham construction contract.

 He was similarly convicted in San Mateo County in June for charges against Pacifica 

and Burlingame residents.

Michael George Schaeffer, 52, was convicted Friday of...Read the rest by clicking here

ALLIED SEEKS HELP WATERPROOFING EXPERT FOR ANAHEIM

Saw this at Linked In... click the link to read

Currently looking for an Inside Waterproofing expert for our Anaheim CA

 location, feel free to email me jennifer.harradine@alliedbuilding.com or 

connect with me for more information.

Tell em Deck Expert sent ya!

From JLC- Exhaust-Only Ventilation and More

August 29, 2011
		From the editors of the Journal of Light Construction EXHAUST-ONLY VENTILATION Most houses need only 100 to 200 cubic feet per minute of ventilation, which can be accomplished using kitchen and bath exhaust fans. Learn the basics in the JLC Field Guide, Chapter 7. Advertisement There's good enough. And then there's Marvin. Learn 10 things that make Marvin a better value and register for a chance to visit our factory in Warroad. Click here to learn more. PERFORMANCE OF WEATHERED OSB OSB sheathing retains effective structural strength even after prolonged weathering has caused the surface to turn gray. SAFE LEAD LEVELS IN SOIL NEAR A HOUSE With proper care, homeowners can garden next to a house even if lead paint has been scraped off the building over the years. Advertisement Surround® SR Roofing Underlayment?10X stronger, lighter than 30# felt And comparably priced. Surround SR roof underlayment won't absorb moisture and resists tearing, giving you the superior protection of a synthetic. Visit surroundtypar.com Harris Dictionary of Historic Architecture – 30% off JLC Archive – 50% off GOING BEYOND THE ENERGY CODE From Energy Star to Passive House to "deep energy retrofits," some builders and remodelers are going above and beyond the energy code. Are you exceeding energy code minimums on your projects? Why or why not? Thanks to all the readers who answered last month's survey. Check out the results to this and earlier surveys here. You can add your answers to these older surveys at any time. CRAWLSPACE TO CHIMNEY MOISTURE PATH Here's a mystery that took half a year to solve: failing paint on cement siding near the top of a house was finally traced to a moisture problem that originated in the crawlspace. SUBCONTRACTOR MARKUPS ON MATERIALS Here's a ten-penny question: how should a carpentry subcontractor bill the GC for that simple, but essential, material: the nails? FLOOR FRAMING WITH LIGHT-GAUGE STEEL Framing with steel joists raises a host of practical issues. Here's a long discussion from two years ago that just came back to life. Advertisement Win 200 Linear Feet of RHINO Pro Gutter Guard Each month through December, RHINO is giving away 200 feet of RHINO Pro Gutter Guard—a $2,400 retail value—to one lucky contractor! RHINO Pro Gutter Guard is serious gutter protection that's strong, dependable, and affordable. It installs on most homes in just two to three hours and comes with a 20 year no-clog warranty. Find out why RHINO has so many happy contractors, with so many happy customers. Register for your chance to win! FIRST AID FOR FLOODED HOMES Hurricane Irene has caused severe inland flooding from heavy rainfall, as well as storm surge flooding near the coast. The Red Cross publishes this handbook for homeowners about how to manage the emergency of a flooded house. ROOF SHEATHING TAPE DEMONSTRATION The Institute for Business and Home Safety (IBHS) conducted a side-by-side comparison test that demonstrates how taping the joints of roof sheathing can provide back-up waterproofing and save a home's contents during a hurricane if the shingles and underlayment blow off. Here's the video. YANKEE GUTTERS AND BOX GUTTERS ON SLATE ROOFS Joseph Jenkins' "Traditional Roofing" webzine offers this quick look at gutter systems built into the roof plane, or on top of it. Advertisement Simply State of the Art Introducing the new 12" double bevel sliding compound miter saw, equipped with an integrated XPS™ cross cut positioning system. This GUARANTEED TOUGH® DEWALT miter saw has all of the jobsite features that matter most – accuracy, durability, flexibility & portability. Click here to learn more MILWAUKEE CORDLESS PLUMBING TOOLS Plumbing contractor Patrick Hawkins puts three Milwaukee cordless tools through their paces: the 2470-21 PVC shear, the 2471-22 copper-tubing cutter, and the 2432-22 ProPEX expansion tool. POCKET-SIZED INSPECTION SCOPE Surprisingly affordable at $200, the VS36-10WD Video Scope from Voscope has a 2.5-inch full-color screen and a 36-inch flexible lighted probe for peering into dark hidden areas such as walls and pipes. AMPED-UP SHEET METAL NIBBLER The AN3500 nibbler from Kett Tool Co. can chew through 10-gauge cold-rolled sheet steel or 12-gauge stainless at a rate of 90 feet per minute. Advertisement Containment Central -Your Live, Interactive Source for all Things RRP Building experts, industry representatives, related products and tools are available to you in one comprehensive area at Remodeling Show to help navigate you through the jungle of Lead RRP compliance and execution. Register today! To unsubscribe, click here. We will not share your e-mail address with anyone outside our company. For more details, read our Privacy Policy. To subscribe to the JLC Update enewsletter click here. To subscribe to The Journal of Light Construction in print, click here. We always welcome your feedback. Tell us what you'd like to see and send us your contributions — such as feedback to articles and links to good Web content — that you want to share with other readers. The real goal of this newsletter, like its parent publication, JLC, is to let contractors hear from the real experts — other contractors like yourself. Send your feedback to the editor. Thanks for your interest and support.

Life Deck/Life Paint Presents Product Demo September 22, 2011 at Their Santa Fe Springs Location

Life Paint, the manufacturer of Life Deck, will present a demo of their products on Thursday September 22nd. 

Starting at 10 am and going to 2 pm, the demo will present their AL decking system, the newly renamed MC system, formerly called MACoat, Concrete Overlays and epoxy flooring will be presented by Life Deck reps.

The flyer is attached, RSVP asap! Tell em you heard about it here...our advertisers like that!

RePrinted From Davis Stirling-HOA Maintenance Duties

While associations may delegate maintenance to owners, I don't recommend deck maintenance and replacement be an owners responsibility. Like roofs, they keep whats below dry, in my opinion, decks over living space are roofs first, then a deck.

MAINTENANCE DUTIES
QUESTION: If a new set of CC&Rs transfers maintenance responsibility and repair costs from the 

association to the owners, would it be legal?

ANSWER: Yes, it would be legal. Maintenance duties do not automatically follow ownership and

 can be reassigned by the membership via the governing documents. 

Condominiums. In condominiums, members own air space plus an undivided percentage interest

in the common areas. Even though all plumbing and wiring in the walls are owned in common, 

maintenance of these exclusive usecommon areas is typically assigned to unit owners. Civil Code §1364(a).

Planned Unit Developments. In PUDs with townhouse construction, members own their individual 

structures from the roof to the foundation and to the center of the party wall separating it from the next unit. Nonetheless, 

maintenance of the roof and exterior walls is typically assigned to the association even though it has no ownership interest

 in the structure. Assigning maintenance to the HOA should ensure timely and proper roof repairs (via reserve funds) and

 uniform paint colors on exterior walls.

Benefits the Whole. The California Supreme Court determined that "anyone who buys a unit in a common interest 

development with knowledge of its owners association's discretionary power accepts the risk that the power may be

 used in a way that benefits the commonality but harms the individual." The Court concluded that "the reasonableness . . . 

of a condominium use restriction . . . is to be determined not by reference to facts that are specific to the objecting

 homeowner, but by reference to the common interest development as a whole." Nahrstedt v. Lakeside Village.

RECOMMENDATION: HOAs can and should amend their documents to assign or reassign maintenance duties in a manner 

that makes sense for their particular development. Since most CC&Rs are vague when it comes to maintenance, clearly 

defining those duties is one of the main benefits of a restatement of an association's governing documents. Doing so 

eliminates ambiguities that frequently lead to costly litigation.

Copyright
ADAMS KESSLER

Reprinted from 
Davis-Stirling.com byAdams Kessler PLC

Why Westcoat ALX's Lack of a "ONE HOUR" E-119 Fire Resistant Assembly Rating & The Statement By ICC-ES in Their Report Should Concern You

ICC-ES recently published an updated ICC-ES report #2210, dated 7 1 2011, for the Westcoat ALX traffic coating system.

This new report replaces the last report published Nov 1 , 2007.  The old report, as does the new report, recognizes Westcoat ALX as a "Class A" assembly when built as per the manufacturer's printed instructions/ICC-ES report. 

The old report, as does the new report, does not recognize the Westcoat ALX system as a "One Hour" assembly. 

Westcoat has, in literature previously published, claimed a "One Hour" rating per E-119. 

One Hour Ratings are defined as  

"Fire-resistive construction is that construction designed to prevent or slow the spread of fire using

materials and assemblies tested for their fire-resistive properties. The 2003 International Building Code

(IBC) defines fire resistance as:

"That property of materials or their assemblies that prevents or retards the passage of

excessive heat, hot gases or flames under conditions of use."  YOU CAN READ A GOOD ARTICLE ON ONE HOUR ASSEMBLIES at this link.

The new Westcoat ALX report has under Section 5.0 Conditions of Use, the usual disclaimers on inspections, manufacturing etc. However, the new report contains one very interesting and troublesome disclaimer listed under Section 5.3. 

This statement says " This evaluation report does not recognize use of the Westcoat ALX system in fire-resistance-rated construction."

This statement refers to ASTM E-119 "One Hour" rating so coveted by traffic coating manufacturer's. Why is a "One Hour" rating so important to have? 

Because a one hour rating allows your product to be used where fire codes REQUIRE a one hour fire resistant rating-stairs and walkways serving apartments, hotels, condos and other buildings where non-combustible/fire resistant materials MUST be used to allow residents time to escape a burning building without the building's walkway/stairs failing from fire. 

In other words, the Westcoat ALX system is not recognized as a One Hour system by ICC-ES despite any statements, printed materials, including marketing materials, CSI Specs, videos, or other media distributed by Westcoat Specialty Coating Systems that may indicate otherwise.  

Westcoat has claimed to have passed  "One Hour" tests going back to 2007, when they broke away from Life Paint. Depositions and other materials from the lawsuit between Pacific Pebbles/Paul Koury and Life Paint show testimony that the E-119 test results at ICC-ES belonged to Life Paint and that Westcoat had no right to their tests. ICC-ES did not recognize/give Westcoat ALX a "One Hour" rating then in 2007  nor has it now in 2011. We're sure it's not for a lack of trying...

In a letter dated 2008 from Paul Koury, owner/President of Westcoat, he states that

  "Westcoat's ALX system, formerly named Life Deck AL, has enjoyed almost 20 years of success in the industry. The system has been tested and passed a Class A Fire Test E-108, as well as a One Hour Fire Test E-119.

   Westcoat stands behind the systems we provide and will be prepared to defend our customers if questions or claims arise in respect to material we provide."

So there are a few reasons to be concerned, and some not to be, like who pays for your lawyer when your sued for installing non-rated materials.... IMO I'd say Westcoat has volunteered to pay for your defense lawyer!

1.) Looking ahead, it will be very important for design professionals to not specify Westcoat ALX where "One Hour" assemblies are required.  The design professional could incur liability or an improper design. Life safety issues are at stake and this is not an area to take lightly. 

2.) It will be very important for Westcoat to "re-educate" their contractors, distribution affiliates and sales staff to ensure that they all know that Westcoat ALX cannot be installed where codes require "One Hour" assemblies. Sales people, Contractors and distributors who disseminate incorrect information may take on unintended liability. Printed materials with One Hour claims need to be removed and destroyed. Videos, re-edited. Life and safety concerns overrule profit!

3.) The elephant in the room however, is the many customers of Westcoat with ALX on their stairs and walkways,  the HOA's, apartment communities, hotels/motels that have had Westcoat ALX installed where "One Hour" assemblies are required. Did they buy the product because Westcoat sales people told/promised/specified that they had a "One Hour Rating"?

If ICC-ES doesn't recognize ALX as a One Hour" fire-resistant-rated assembly, and says so specifically in their new report, what liability is Westcoat now exposed to?

 If I found out the material I have on my stairs/walkways was not what I was told, I'd be a little PO'd. 

If I was told that the material I have on my stairs and walkways, that act as fire escapes, did not have the required "One Hour" rating required by code, I'd be damned pissed off and looking for compensation to replace the material. 

The question to me about ALX now is do you have a construction defect? I would believe , in my opinion, that if plans called for a one hour, you were told ALX was one hour, and that was put down, yes it's a defect. In my opinion...

You should seek advice on what culpability Westcoat has in promoting a "One Hour" rating for it's ALX system when in fact it does not and never did...but don't worry, as "Westcoat will defend it's customers..."  

How many are possibly harmed by this lack of "One Hour" fire resistant construction recognition? Enough to form an aggrieved class with an unrated  Westcoat ALX system on their property? 

This is far from over, I think the ALX "One Hour fire resistant construction" thing is, no pun intended, just heating up...

It's my hope that ICC-ES will be watching Westcoat very carefully with their marketing and claims...Life and Safety Over Rule Profit!

SWRI's Applicator Seeks Articles

Linkedin Groups	August 23, 2011
Sealant, Waterproofing & Restoration Institute (SWRInstitute)
Latest: Discussions (1)
New Discussions (1) Applicator, the official publication of the SWRInstitute, is now accepting article submissions for the Fall and Winter 2011 issues. Contact Vincent Brennan at vince@robstan.com for more information.

CHECK THE LICENSE FIRST! Notorious Unlicensed Operator Arrested at CSLB Headquarters

www.cslb.ca.gov     |     CheckTheLicenseFirst.com     |     SeniorScamStopper.com
	FOR IMMEDIATE RELEASE:  August 23, 2011						CSLB #11-29
	CSLB Media Contacts
	Rick Lopes Chief of Public Affairs 916.255.4161 rlopes@cslb.ca.gov			Melanie Bedwell Public Information Officer 916.255.4717 mbedwell@cslb.ca.gov		Venus Stromberg Public Information Officer Spanish Language Media 916.255.1831 vstromberg@cslb.ca.gov
	Notorious Unlicensed Operator Arrested at CSLB Headquarters Man with extensive history of using licenses not issued to him taken to jail   SACRAMENTO – Investigators from the Contractors State License Board's (CSLB) Statewide Investigative Fraud Team (SWIFT) and Rancho Cordova Police officers today arrested a notorious unlicensed operator with a history of using contractor licenses not issued to him. Charles Peter Maffia, 67, of Rancho Cordova, was booked in the Sacramento County Main Jail this afternoon, with bail set at $40,000. His arraignment is set for Thursday, August 25, 2011, in Department 61 of Sacramento County Superior Court.   Maffia is charged with nine felony counts of fraudulent use of an incorrect contractor license, three misdemeanor counts of contracting without a license, 14 misdemeanor counts of illegal advertising, and felony violation of probation. Maffia was already on formal probation for felony fraudulent use of a contractor license number not issued to him, following a 2006 arrest on this and related charges.   Maffia has a complaint history with CSLB that stretches back to 1980. His criminal background includes almost four years (44 months) in state prison for the fraudulent use of a contractor license.   Leading to the latest arrest, CSLB's SWIFT unit received leads from two former employees and a customer that Maffia was doing business as Wolf Excavation, Inc., and using other people's contractor licenses, which was verified by investigators.   A video on YouTube shows Maffia's company engaged in a paving project and includes a link to a website. The website indicates Wolf Excavation is a full-service construction company offering paving, asphalt, and residential remodeling. There is a similar page on Facebook for Wolf Excavation, Inc., and ads on Craigslist.   Maffia applied for a CSLB license, which was rejected due to lack of the required four years of journey-level experience, as required by state law. CSLB investigators put a block on the license, and when Maffia came to the CSLB headquarters today to try and have the block lifted, Rancho Cordova Police arrested him.   The business owner who reported Maffia's unlicensed activity to SWIFT hired Wolf Excavation in June for an $8,100 project as a result of a Craigslist ad. After the work was completed, the consumer found that many areas of paving were in need of repair. After researching Maffia on the CSLB website, the business owner found that the contractor license number provided by Wolf Excavation was issued to another entity. He also found reports about Maffia's previous arrest for fraudulent use of a contractor license and related charges.   One former employee who reported Maffia to SWIFT said that he had been hired with the understanding that he would receive a company vehicle and health insurance. He did not receive either, was not paid, and was told to fill out a form classifying him as an independent contractor, which he refused to do and quit. The other employee, who had also quit, stated that he was not paid for about $8,000 in wages. # # #
			This e-mail was sent because you subscribed to the e-mail alert feature on the Contractors State License Board (CSLB) website, www.cslb.ca.gov, or because you earlier indicated an interest in receiving CSLB materials electronically. Your e-mail address is not shared with third party sources. To unsubscribe, please visit our unsubscribe page. Copyright © 2011
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Westcoat Specialty Coatings Systems ALX System Gets Updated Report-Not Recognized as "One Hour" and Limited to Buildings Less Than 40' in Height

After years of being in "further study" or whatever they call it, ICC-ES has finally issued a new ICC-ES Report on the Westcoat ALX system. 

Despite previous statements from President Paul Koury that tests on various assemblies would be made, no system other than the same lath/cement/cement/texture/paint was issued a report. 

Most significantly, this again proves that the Westcoat ALX system utilizing WP-40 (ProtectoWrap membrane) could not pass the Class A or One Hour Test. 

As the new report does not recognize Westcoat ALX as a "One Hour" system (ASTM E-119), it probably means that the system could not pass the required tests to be classified as one hour even without WP-40. 

Also significant is that the report is valid for one year. Usually after the first report is issues, the next report gets issued for 2 years. We'll see why they only have a report valid for one year. 

The issuance of this new report, in my opinion, validates my claims that the Westcoat ALX "Standard System) vs their ICC System puts the public in danger. 

Watch our video of our "Burn test" of the Westcoat ALX "standard" vs their "ICC" systems at YouTube by clicking here

Watch for a detailed analysis of the report coming soon!

Hints of Westcoat's ALX ICC-ES Report Problems? Westcoat's ALX Spec Sheets Keep Changing at Westcoat.com

DeckExpert.com has been waiting and watching ICC-ES' website for the issuance of a new report for Westcoat ALX. Their last report, still on file is dated 11/1/07 and expired one year later. By paying a monthly maintenance fee, Westcoat's report remains valid.

Recently I downloaded a new system specification at Westcoat. Dated 6/11 it was named Standard ICC Evaluated and it contained a reference to System 1 & 1A. See sheet to left. There's nothing to describe/differentiate system 1 and 1A at all in the spec sheet. Still included in the spec sheet is the WP-40 Protectowrap membrane which in my opinion would not pass a Class A test . See video here below.

Notably absent from the new sheet is any reference to the system being a "One Hour" rated assembly as per ASTM E-119 fire test. Westcoat has always claimed that their ALX is "One Hour" but apparently it did not pass the tests or maybe wasn't even tested for One Hour?



On the right side is now the new spec sheet online at Westcoat.com.
Now the sheet still reads 6/11 but missing is the reference to Systems 1 and 1A. Also significantly changed is the application method...it finally matches the ICC report currently on file dated 11 1 2007. The reference to using WP-40 has been removed from this version...I'll bet ICC-ES jumped on them for that...our fire test video is pretty conclusive IMO, despite what ICC-ES weakly protests.

We're still waiting for a new report, but I think Westcoat is getting closer to obtaining a new one...how many hoops did they have to jump through? DeckExpert.com believes it's diligence in hounding ICC-ES and bringing much unwanted attention to the issue has brought a lot of pressure on ICC-ES and Westcoat.  

We look forward to seeing a new report...and examining their report against their Tech Bulletin. Hope their copy readers are warming up!

Lesson-Never Underestimate The Power of Wind Driven Rain to Penetrate the Building Envelope

Contractor for UC Davis Project to Repair Leaky Facade 

 Sandstone to come down for leak fix at Mondavi Center

August 17, 2011

By Dave Jones

The curtain is going up on a big show outside the Mondavi Center for the Performing Arts.

In this case, the curtain is scaffolding all along the building's south wall, from the ground to the roof. Workers will be removing all of the sandstone — an estimated 50,000 tiles — to repair the waterproofing underneath.

The project is expected to last into December. During this time, the real show, inside the center, will go on as scheduled.

The scaffolding, scheduled to go up around the end of the month, will be enclosed in mesh to protect the workers from the elements. In addition, the beige-colored mesh will minimize the visual disruption.

After removing the stone, the workers will replace the sheathing and the waterproof membrane, to stop rainwater from getting inside, as has happened periodically since the center's construction 10 years ago.

Leakage tied to wind speed, rain angle

Alex Achimore, senior project manager with UC Davis' Design and Construction Management, said the Mondavi Center's water inlfiltration problem usually occurs only when the wind is of sufficient speed to push the rain into the wall at a certain angle.

The university and McCarthy conducted extensive testing of the wall to zero in on the problem and develop the solution. It is not an easy one.

The waterproof membrane goes on as a liquid, like paint, and solidifies on the sheathing that goes over the building's frame. Therefore, workers must remove the sheathing, and, to get at the sheathing, they must remove the sandstone and the mortar under the stones.

"Unfortunately, the stones are bonded to the sheathing and will not come off in such a way that they could be reused," Achimore said.

"We are applying new sheathing and new waterproofing, and the stones will be set in place over a half-inch mortar bed that is made by the waterproof membrane manufacturer, so that they are compatible and bond."

READ THE REST OF THIS ARTICLE BY CLICKING HERE

JLC Live attendee registration now open

'@JLCLIVE:

Attendee Registration is now open and live for our Portland, OR show - Dec. 8 & 9 (expo) and Dec 7 -9 (conference). Www.jlclive.com

--
shared via Twidroyd http://twidroyd.com'>Shared message via Twidroyd

Published with Blogger-droid v1.6.5

From PR Web Polycoat Products Announces New And Improved Website

New Products, Content, Technical Information, and Improved Navigation

Santa Fe Springs, CA (PRWEB) August 16, 2011

American Polymers Corporation (dba Polycoat Products), announces that its new and improved website is now live and on-line at http://www.polycoatusa.com. The new Polycoat Products website prominently features the Company's new brand identity and messaging that focuses on Waterproofing, Industrial Coatings/Spray Elastomers, Truckbed Liners, Cast Elastomers, TDI-Hot Cast, Polyfil®, Theming Industry Products, Foam Products and a comprehensive offering of Polyurea, Polyurethane, Polyaspartic and hybrid chemical formulation applications. Each specialized Product section of the website also offers a new View e-Catalog option giving visitors easy access to that section's entire collection of PDF technical data sheets. The electronic catalog viewer also provides a helpful table of contents to assist visitors in quickly finding specific data sheets.

READ THE REST OF THIS RELEASE BY CLICKING HERE

Contractors State License Board Revokes License of Once- Prominent Sacramento Area Restaurateur and Developer

SACRAMENTO – The Contractors State License Board (CSLB) officially revoked the license of Stonegate Construction, Inc.'s license (#766777) on August 12, 2011. 

Construction President and Responsible Managing Officer Abolghassen "Abe" Alizadeh signed and accepted the terms of a stipulated settlement agreement on August 5, 2011, in response to a CSLB investigation that concluded Alizadeh had diverted construction funds, and failed to pay subcontractors and materials suppliers.

SACRAMENTO – The Contractors State License Board (CSLB) officially revoked the 

license of Stonegate Construction, Inc.'s license (#766777) on August 12, 2011. Stonegate 

As part of the agreement, Stonegate Construction's license is revoked for at least one year. Before the license can be reinstated, or another license issued to Alizadeh, he must:

·         Pay CSLB for the cost of its investigation and enforcement ($16,386.05);

·         File a disciplinary bond valued between $15,000 and $125,000 for at least two years; and

·         Prove that restitution has been made to subcontractors, or demonstrate that these debts were resolved civilly or successfully discharged in bankruptcy.

CSLB opened its investigation in 2009 after complaints were filed by more than 20 subcontractors and materials suppliers who had not been paid. CSLB partnered with the Franchise Tax Board, Board of Equalization, Employment Development Department, and Division of Labor Standards Enforcement, to whom Alizadeh also owed millions in unpaid fees and taxes. Alizadeh was arrested in January 2011 on grand theft and other felony charges related to that part of the investigation.

"CSLB hopes this sends a clear message that there will be serious consequences for licensees who do not follow state laws," said CSLB Registrar Steve Sands. "Mr. Alizadeh must be held accountable for these violations of state contracting and other laws before he is ever allowed to contract again."

The Contractors State License Board operates under the umbrella of the California Department of Consumer Affairs.  More information and publications about hiring contractors are available on the CSLB website or by calling 800-321-CSLB (2752).  You can also sign up for CSLB email alerts atwww.cslb.ca.gov.  CSLB licenses and regulates California's more than 300,000 contractors, and is regarded as one of the leading consumer protection agencies in the United States.  In fiscal year 2010-11, CSLB helped recover nearly $45 million in ordered restitution for consumers.

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.

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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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