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.

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Showing posts with label construction defect. Show all posts
Showing posts with label construction defect. Show all posts
Tuesday, March 29, 2016
Thursday, May 7, 2015
NADRA Reminds All Deck Owners That May is Deck Safety Month! Check Your Decks, Save a Life!
Editors Note-
Check your decks should be an ongoing action item for all homeowners, whether they do it or best option, have a pro inspect
the deck for you.
Locally in SLO County I perform deck safety checks utilizing NADRA's checklist. Call for an inspection today 805-801-2380
Editor Bill Leys
QUAKERTOWN, PA – Your deck is the perfect place to enjoy warm weather with friends and loved ones. However, a poorly maintained or unsafe deck could possibly collapse, causing serious injuries to you and your guests. During Deck Safety Month® in May, experts at the North American Deck and Railing Association (NADRA) recommend homeowners Check Your Deck® before starting to plan family activities.
NADRA has created campaigns and educational programs, along with certifications for home inspectors, deck builders, remodelers, builders, code officials, engineers, architects, distributors, lumberyards and manufacturers to improve proper installation practices. The organization has also developed checklists and safety awareness information for consumers to assure they have details available to them to evaluate their decks. The information can be found HERE.
With an estimated 40 million residential and 10 million commercial decks in the United States that are more than 20-30 years old, it’s important for homeowners to check their deck on a yearly basis.
Consumer Checklist
A key element to enjoying your deck for years to come is making sure it is safe and code compliant. NADRA’s “10-Point Consumer Safety Checklist” is an efficient way to take a good look at the different parts of your deck, with an eye to what might need maintenance, repair or replacement. The checklist can be found at http://bit.ly/NADRA10PointConsumerChecklist.
Homeowners should consider a professional deck inspection. “A professional inspector will thoroughly examine your deck, provide information on your deck’s capacity limits, identify any dangerous problem areas and give you some insight of what to keep your eye on in the future,” says Beaudry. “NADRA provides industry professionals with a Deck Evaluation Form that is available HERE.
Older decks require closer scrutiny and regular inspections. Many decks were built before code requirements were established to protect consumers. Some of these older decks may have deck-to-house attachments using only nails instead of the current recommended construction using deck tension hardware that greatly helps in the prevention of ledger failures.
“We recommend ASHI-certified home inspectors or a knowledgeable deck builder for inspections of older decks,” says Beaudry. “Our NADRA member deck builders are required to adhere to a code of ethics and comply with state licensing and insurance requirements. This brings peace of mind to homeowners using our NADRA members.”
Deck inspection requires special knowledge, expertise and experience. NADRA offers training and certification for its members along with ASHI home inspectors and others interested in professional deck inspection. For additional information on NADRA certification classes, click HERE.
The North American Deck and Railing Association (NADRA) is dedicated to increasing public awareness of the necessity for regular inspection and maintenance of existing decks and proper installation of new decks. For more information visit www.NADRA.org
Monday, January 31, 2011
Journal of Light Construction Xiscussion on coming wave of construction defect lawsuits
I saw this come jp on google. A good start of discussion on the likelihood of an onslaught of construction defect suits. Put your 2 cents in...
The Coming Wave of Construction Defects Litigation - JLC-Online Forums
The Coming Wave of Construction Defects Litigation - JLC-Online Forums
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