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R Brothers Waterproofing Has POS Victim Blaming Lawyers

When I read %&@! like this I want to hit something! From the Irish Times  article found here http://www.irishtimes.com/news/crime-and-law/berkeley-victims-may-have-contributed-to-balcony-collapse-1.2597039

“The plaintiffs and/or cross-complainants’ own carelessness and negligence may have proximately contributed to the events and damages complained of..."   

Those are the words in a filing from R Brothers Waterproofing attorneys on why the balcony in Berkeley collapsed last year, killing 6 people and leaving seven more with serious injuries and a lifetime of horror. 

It gets worse, R Brothers lawyers is trying to blame everyone else too - here they throw the architect under the bus. They may have a point but you don't follow shitty plans either...

 "R Brothers Waterproofing also claims the “designs of others” that it had no responsibility for were to blame for the injuries complained of.

“This answering defendant did not select, design or approve the allegedly defective components,” it says under the heading of “causation”.

It also said it had no notice of any alleged defects and that the injuries alleged “were caused by third parties’ deficient work or products”.

So in California when one is looking at plans and one knows, as the licensed expert waterproofing contractor that they are, that the design is wrong, you don't bid it. Secondly if it did slip by that the design was wrong and you did bid it, when you got to the job and saw what you were doing, you stop and don't do the work until an RFI is made and a decision is issued by the architect and the general contractor. R Brothers apparently covered wet substrate with moisture trapping membranes and wants to say they aren't responsible? 

So if R Brothers is saying this detail is wrong, why did
they apparently follow it? Inquiring minds want to know. 

Even worse, they say in their filing if we are found negligent, it's secondary to others negligence...excuse me but WTF? 

I see it fairly simply-you check the moisture content of your plywood with a simple moisture meter. If it's higher than 14-16% then you say can't do it...and the problem is especially compounded when/if it was a double layer of OSB that's soaking wet. It would take weeks of dry weather if ever to get that moisture content down to acceptable levels. 

Simple moisture meter gives a general reading of the moisture content
of the plywood I have the probes pushed into. The moisture content
is to high for applying a coating to right now so this wood needs
to dry more. 

Bottom line, the attorneys are POS scumbags IMO for even suggesting the victims had anything to do with their deaths and injuries. 

BREAKING NEWS-No Criminal Charges in Berkeley Deck Tragedy Case

Just saw in several tweets from @mgafni that the Alameda DA's office announced after nine months of investigation that no charges will be filed for criminal actions by the parties involved in building the deck that fell last summer.

If you recall, six died and seven Irish summer worker college students were injured after they fell 40+ feet to a concrete sidewalk in Berkeley last summer when a rotted balcony gave way. The images of that scene were horrible and left lasting wounds on the rescuers and survivors.

The DA's office seized the fallen balcony and made it evidence from a crime scene. After investigating the case, no criminal charges will be filed, leaving civil action as the only real recourse. Although criminal intent was not found, it's probably going to be easier to show negligence and construction defects for the plaintiff's attorneys. Civil suits have been filed by attorney's against the builder and the subs as well as the management company and others.

Watch for further news on the Berkeley case in the future as the civil cases move ahead.

JLC LIVE RESIDENTIAL CONSTRUCTION SHOW IS COMING NEXT MONTH-Get My Speakers Discount or Free Admission to the Hall

See you in Portland Oregon next month for the JLC Live! Residential Construction Show. There will be tons of great speakers and educators on all subjects of construction. There's tons of great brew pubs around, great food, great city so take a few days off first week of December and join me and the JLC Live crew!

GET MY SPECIAL DISCOUNT OFFER BY USING MY CODE SK15!

These Words Should Send a Chill Down The Building Industries Back!

Maybe you didn't feel it, but on November 12th, the building industry was shaken up. Hard, like they got punched, and punched and punched. The law firm of Walkup, Melodia, Kelly & Schoenberger is representing Aoife Beary and another party who are suing for damages from the result of the balcony collapsing on June 16th of this year.  

The suit asks for damages, enough to make an example out of the defendants, enough so THIS NEVER HAPPENS AGAIN! Every person involved in building decks, especially cantilevered, are now on notice that it better be done perfectly and correctly. OR YOU WILL PAY. Remember to, the DA's office is investigating this too and criminal charges may still come!

BE AFRAID, BE VERY AFRAID! 

NO OSB SHOULD BE EVER USED! THIS LIST OF ALLEGATIONS IS A LIST
OF EVERY DECK PROBLEM I SEE ALL THE TIME

So here you are building industry, property management industry, design industry etc; start designing, building, sequencing and use the right materials cause the deaths of these poor kids WILL NOT BE IN VAIN! READ THIS LIST, IT'S JUST A WHO'S WHO OF THE SINS I SEE DURING INSPECTIONS AND WHEN I WAS WATERPROOFING DECKS! 

LESSON-IF YOU SCREW UP AND PEOPLE DIE, YOU PROBABLY WILL GO TO JAIL AND PAYA WHOLE LOT OF MONEY, AND HAVE TO LIVE WITH THOSE THAT DIED ON YOUR CONSCIENCE. 

NOT WORTH IT, DO IT RIGHT, IT ONLY COSTS A LITTLE MORE THAN DOING IT WRONG. 

From Contra Costa Times- Lawsuits Filed By Victims and Families of Berkeley Deck Collapse

Prior complaints by tenants about mushrooms growing out of balcony allegedly ignored.

Reporter Thomas Peele's (@Thomas_Peele) latest article on the Berkeley deck tragedy reports that the families and victims of the deck collapse have filed a lawsuit alleging some of the defendants named in the suit knew of problems with the deck after it was built and the building occupied. Other defendants allegedly "deliberately ignored" the plans for the deck.

"BERKELEY -- Tenants of a Berkeley apartment had complained to building managers for weeks that mushrooms were growing on a wooden balcony before it collapsed during a party in July, plummeting six people to their deaths, lawsuits filed Thursday allege.

But their complaints were ignored, survivors and families of the victims claim in a negligence lawsuit that alleges the building owners and construction company could have prevented the tragedy."

Read the whole article here- http://www.contracostatimes.com/breaking-news/ci_29110468/berkeley-tenants-reported-signs-rot-weeks-before-deadly

The allegations, if proved true, would leave many of the named parties at risk of being exposed to millions of dollars in liability costs.

I'll say it once again, decks must be built using best building practices and with the highest degree of skill and materials available, not the most cost effective, cheapest materials and labor. If successful, this lawsuit may just change the way builders hire sub-contractors-today the cheapest wins, the most responsible skilled contractor loses. It's time for a change.