Voice West - Western States Roofing Contractors Association
Voice West - Western States Roofing Contractors Association
Voice West - Western States Roofing Contractors Association
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<strong>Voice</strong><br />
Quarter 1: 2013<br />
<strong>West</strong><br />
Volume 39, Issue 1<br />
of the<br />
<strong>West</strong>ern <strong>States</strong> <strong>Roofing</strong> <strong>Contractors</strong> <strong>Association</strong> Newsletter<br />
WHAT’S INSIDE THIS ISSUE?<br />
> Rebound in Construction Hiring Offers<br />
Hope For Economy<br />
> Obama Will Seek Citizenship Path in One<br />
Fast Push<br />
> Hail Storm Still Having Positive Impact on<br />
City of Chico<br />
> <strong>West</strong>ern <strong>Roofing</strong> Expo 2013: June 9-12<br />
Peppermill Resort & Casino, Reno NV<br />
> Guest Speaker: Stephen Moore<br />
Why Lower Tax Rates Are Good for Everyone<br />
> District to Repair Leaky Roofs<br />
Rebound in Construction Hiring Offers<br />
Hope For Economy<br />
Courtesy of: The Washington Post<br />
After five years of hemorrhaging jobs, the<br />
construction industry has become one of<br />
the bright spots of the labor market — a<br />
hopeful sign that one of the most damaged<br />
sectors of the economy may finally be starting<br />
to heal.<br />
Overall, the government’s monthly jobs<br />
report, showed continued modest growth.<br />
The economy added 155,000 jobs, on par<br />
with the monthly average for both 2012 and<br />
2011. The unemployment rate remained at<br />
7.8 percent.<br />
But a closer look reveals that nearly onefifth<br />
of the jobs created were in construction,<br />
marking only the third time since<br />
the recession ended in June 2009 that the<br />
industry has added 30,000 workers or<br />
more. The surge capped one of the largest<br />
three-month gains the sector has seen since<br />
the recession began in December 2007.<br />
The return of construction jobs is an<br />
especially critical component of the economic<br />
recovery. That’s partly because of the<br />
sheer number of jobs lost — more than 2<br />
million since 2007 — but also because of<br />
fears that many of those workers’ skills may<br />
not translate to other industries, rendering<br />
them permanently unemployable.<br />
“These jobs have been the backbone of<br />
the middle class for many, many years,”<br />
said Arne L. Kalleberg, a professor at the<br />
University of North Carolina at Chapel Hill<br />
and author of Good Jobs, Bad Jobs. “Now<br />
they’re coming back.”<br />
The jobs report follows several other<br />
encouraging data sets that show year-end<br />
momentum in the economy. Automakers<br />
reported surprisingly robust sales last month<br />
and consumers piled into shopping malls,<br />
unfazed by the political wrangling over the<br />
“fiscal cliff.” But economists say they are<br />
particularly heartened that the uptick in<br />
construction coincides with new strength<br />
and stability in the housing market, suggesting<br />
the gains are more sustainable.<br />
> The Dirt on Facebook’s New Roof<br />
> Mt. Solo Middle School Roof Design Flaw<br />
Costs Taxpayers $1.1 Million<br />
> Oregon OSHA Reminds Businesses of<br />
Reporting Obligation<br />
> Texas Bills Target Crooked Roofers After<br />
Dallas Area’s Hail Horror Stories<br />
> Jury Awards $6.9 Million to Shocked<br />
Roofer<br />
> Green Guarantees Vex Firms With Added<br />
Risk<br />
> EagleView Technologies and Pictometry<br />
International Announce Merger<br />
> WSRCA Safety Corner: Basic Personal<br />
Protection Field Card<br />
> Ken’s Legal Corner: Mechanic’s Lien and<br />
Bankruptcy<br />
> Hazard Communication Standard<br />
> WSRCA Officers & Directors<br />
> WSRCA New Members
WESTERN<br />
ROOFING EXPO 2013<br />
JUNE 9-12 • PEPPERMILL RESORT & CASINO • RENO<br />
50/50 GOLD<br />
DRAWING<br />
800.725.0333
ECONOMY<br />
Why Lower Tax Rates Are Good for Everyone<br />
Convention<br />
Spotlight<br />
WESTERN<br />
ROOFING EXPO 2013<br />
by<br />
Stephen Moore<br />
Guest Speaker - Stephen Moore<br />
Stephen Moore is a successful speaker and<br />
writer who shares his views and insights with his<br />
audiences. Moore joined The Wall Street Journal<br />
as a member of the editorial board and senior<br />
economics writer on May 31, 2005. He currently<br />
divides time between Washington and New York<br />
focusing on economic issues, including budget,<br />
tax and monetary policy.<br />
Moore has been a frequent contributor to<br />
the Wall Street Journal over the years, and is<br />
previously known as the founder and former<br />
president of the Club for Growth, which raises<br />
money for political candidates who favor freemarket<br />
economic policies. He left that position<br />
in 2004. Prior to joining the Wall Street Journal,<br />
he was president of a new organization, the Free<br />
Enterprise Fund.<br />
For many years, Moore has served as a senior<br />
economist on the Congressional Joint Economic<br />
Committee, as a budget expert for the Heritage<br />
Foundation and as a senior economics fellow<br />
at the Cato Institute. Through his Cato Institute<br />
affiliation, he has published dozens of studies<br />
on federal / state tax and budget policy. Moore<br />
was also a consultant to the National Economic<br />
Commission in 1987, and research director for<br />
President Reagan’s Commission on Privatization.<br />
Moore is the author of five books, including “The<br />
End of Prosperity: How Higher Taxes Will Doom<br />
the Economy – If We Let it Happen.” His books<br />
also include “Its Getting Better All the Time: The<br />
100 Greatest Trends of the Last Century,” and<br />
“Bullish on Bush: How the Ownership Society<br />
Will Make America Stronger.”<br />
Stephen Moore is a frequent guest on talk<br />
radio and multiple television networks to<br />
discuss economic policy and related impact.<br />
He graduated from the University of Illinois<br />
and holds a masters degree in economics from<br />
George Mason University.<br />
If we want millionaires to pay more<br />
taxes, then we need an economy where<br />
there are more millionaires.<br />
Courtesy of: The Wall Street Journal<br />
President Obama recently announced<br />
that any budget deal must include $1.6<br />
trillion from higher taxes. "When it comes<br />
to the top 2%," he said, "what I'm not<br />
going to do is to extend further a tax cut<br />
for folks who don't need it." He argued<br />
that we are never going to get anywhere<br />
near balancing the budget without more<br />
revenue from people earning above<br />
$250,000 a year.<br />
He's probably right about that, though<br />
not in the way he intends. The country<br />
needs an economy that will create more<br />
of the "millionaires and billionaires" that<br />
Mr. Obama loves to excoriate, not more<br />
taxes from those who already exist. Total<br />
taxes paid by millionaires fell by almost<br />
$100 billion between 2007 and 2010,<br />
the last year with statistics available from<br />
the Internal Revenue Service. The drop<br />
resulted not from too-low tax rates, but<br />
from the severe recession and an anemic<br />
recovery since 2009 that thinned the<br />
ranks of the wealthy.<br />
If Mr. Obama wants the Warren Buffetts<br />
and Justin Biebers to shoulder more of the<br />
nation's tax burden, he would do well to<br />
pay attention to the history of tax rates.<br />
Over the past century, lower rates have<br />
shifted the tax burden onto high-income<br />
earners and away from the middle class<br />
while maintaining the tax code's progressivity.<br />
Let's start with the 1920s. All tax rates<br />
were cut during the Calvin Coolidge administration,<br />
including the top rate, which<br />
fell to 25% from the World War I high of<br />
73%. Between 1923 and 1928, benefited<br />
by lower tax rates, the economy surged,<br />
raising incomes and living standards for<br />
the middle class. Tax collections in real<br />
terms nearly doubled—and the share of<br />
taxes paid by those who made more than<br />
$100,000 a year (more than $1 million<br />
today) increased to 51%<br />
from 28%.<br />
The top tax rate<br />
rose to 63%<br />
in 1932,<br />
to 79% in<br />
1936, and<br />
to 90%<br />
during<br />
World War<br />
II. The higher<br />
rates persisted<br />
after the war, and<br />
while the economy grew as the government's<br />
economic role ebbed, high rates<br />
generally helped to hold back the pace of<br />
growth.<br />
Tax rates weren't reduced much until the<br />
Kennedy administration. JFK cut rates by<br />
about 30% for every income group. He<br />
argued that the lower tax rates would<br />
"boost the economy, produce revenues,<br />
and achieve a future budget surplus." He<br />
even called lower rates "an investment in<br />
the future."<br />
The Kennedy tax cut was enacted in 1964<br />
(after JFK's assassination), lowering the<br />
highest tax rate to 70% from 91%. His<br />
prediction that the economy would surge<br />
was validated by rapid growth every year<br />
from 1965 through 1968. Tax collections<br />
grew by 8.6% per year and unemployment<br />
fell to 3.4%. "The unusual budget<br />
spectacle of sharply rising revenues<br />
following the biggest tax cut in history,"<br />
announced a 1966 U.S. News and World<br />
Report article, "is beginning to astonish<br />
See ECONOMY (p.11)
OREGON NEWS<br />
District to Repair Leaky Roofs<br />
Courtesy of: The La Grande Observer<br />
A $1.2 million roof replacement project is<br />
set to begin soon in the La Grande School<br />
District.<br />
Work will start in mid-June and will involve<br />
the replacement of roofs at La Grande High<br />
School, Greenwood Elementary School and<br />
Willow Elementary School. The need for roof<br />
replacement is greatest at LHS and Greenwood.<br />
“The roofs we have at La Grande High School<br />
and Greenwood have lived beyond their life<br />
expectancy. They are starting to leak which is<br />
leading to mold, mildew and rotting,” said La<br />
Grande School District Superintendent Larry<br />
Glaze.<br />
The expense of repairing the damage caused<br />
by leaking roofs would be much higher than<br />
replacing them.<br />
“We are protecting the taxpayers’ investment<br />
by keeping our buildings dry,” Glaze said.<br />
The roof over the high school library, which is<br />
in the west side of LHS, has drawn attention to<br />
the need for roof replacement in recent years.<br />
It leaked so constantly that buckets were<br />
placed under the area where the water fell<br />
and sometimes a potted plant was put there.<br />
Patching work was done to temporarily stop<br />
the library leak last year.<br />
The entire roof of the main part of west LHS<br />
will be replaced as part of Phase I of the<br />
project. The roofs over the vocational education<br />
and the wood shop buildings will not<br />
be replaced. Phase I should be complete by<br />
late August, said Chris Panike, the La Grande<br />
School District’s director of business and plant<br />
operations.<br />
The Phase I work will be done by the Upson<br />
Company of Caldwell, Idaho. Upson was recently<br />
awarded the contract for the first phase<br />
of work. The firm was one of four companies<br />
which bid for the project.<br />
Phase II of the project will involve replacing<br />
all the east LHS roofs except the ones over<br />
the auditorium and the gym. A small portion<br />
of Willow’s roof will be replaced and half of<br />
Greenwood’s roof will be replaced as part of<br />
Phase II work. Half of Greenwood’s roof is<br />
rubber and half is metal. Only the rubber portion<br />
of the school’s roof will be replaced.<br />
The school district will soon begin accepting<br />
bids for Phase II of the project. Panike hopes<br />
that a roofing company can be awarded a<br />
contract for the project by mid May. Phase II<br />
work will also start in mid-June. Panike hopes<br />
that it can be completed by late August. If not,<br />
it will be finished in the summer of 2014.<br />
Panike hopes that it can be completed this<br />
summer because the cost of roof work will<br />
likely jump by the summer of 2014.<br />
“Inflationary pressure may increase as we<br />
emerge from the recession,” Panike said.<br />
All the roof work will be funded with a nointerest<br />
loan through the federal Qualified<br />
Zone Academy Bond program. QZAB loans<br />
are given by banks who receive federal tax<br />
credits for providing interest-free loans to<br />
school districts.<br />
Sterling Bank of Island City will provide the<br />
$1.2 million QZAB loan to the La Grande<br />
School District. Glaze credits the work of<br />
Ryan Hildebrandt, branch manager of Sterling<br />
Bank of Island City, with playing a key role in<br />
helping his school district get its QZAB loan.<br />
“We really appreciate his willingness to<br />
step to the plate and help fund this project.<br />
(Sterling Bank) are not seeing that much of a<br />
financial advantage through this transaction,’’<br />
Glaze said.<br />
www.wsrca.com 4
WESTERN STATES ROOFING CONTRACTORS ASSOCIATION<br />
TPO ROOF MEMBRANE<br />
REPAIR AND MAINTENANCE GUIDELINES<br />
NOW AVAILABLE FOR PURCHASE<br />
MEMBERS: $150 NON-MEMBERS: $200<br />
The 2011 WSRCA TPO Roof Membrane Repair and Maintenance Guidelines<br />
document has been assembled to provide roofing contractors, designers,<br />
manufacturers, and owners with technical information regarding proper repair<br />
and maintenance of in‐service TPO membrane roof systems applicable to the<br />
geographic western region of the United <strong>States</strong>, served by <strong>West</strong>ern <strong>States</strong> <strong>Roofing</strong><br />
<strong>Contractors</strong> <strong>Association</strong> (WSRCA).<br />
VISIT US ONLINE OR CALL DIRECT TO PLACE AN ORDER<br />
WEB: www.WSRCA.com<br />
PHONE: 800.725.0333<br />
EMAIL: info@wsrca.com<br />
WESTERN STATES ROOFING CONTRACTORS ASSOCIATION<br />
“The <strong>Voice</strong> of the <strong>West</strong>ern <strong>Roofing</strong> and Waterproofing Industry”
The Dirt on Facebook's New Roof<br />
Courtesy of: Silicon Valley Business Journal<br />
The Menlo Park Planning Commission on<br />
Monday signed off on Facebook's proposed<br />
<strong>West</strong> Campus development, setting up the<br />
City Council to approve the project next<br />
month. After months of generally supportive<br />
comments from commissioners at previous<br />
meetings, that's not really a surprise. So what<br />
did we learn from this go-around?<br />
won't attract birds -- and hopefully prevent<br />
our feathered friends from flying into structures<br />
and meeting their untimely demise.<br />
As reported in December, the Facebook<br />
project, slated for 22 acres at Willow Road<br />
and Bayfront Expressway, has evolved a bit. Its<br />
footprint is less zig-zaggy, hewing closely to<br />
Facebook's desire for a warehouse-aesthetic<br />
that blends in with its surroundings, rather<br />
than stands out.<br />
For one thing, soil sellers might want to get in<br />
touch with Facebook: The Gehry Partners LLPdesigned<br />
building -- at 430,000 square feet in<br />
a single room, that's bigger than many entire<br />
office parks -- is slated to hold a bunch of dirt.<br />
On its roof. Four feet worth in places, to be<br />
exact, said Craig Webb, an architect working<br />
on the design.<br />
It's all part of providing enough soil for those<br />
dozens of oak and other trees destined for the<br />
building's rooftop forest and park grounds.<br />
(The heavy load requires engineers to design<br />
an incredibly sturdy building, which will also<br />
serve it well in Bay Area earthquake country.)<br />
Also notable: Designers are working with an<br />
ornithologist to select building materials that<br />
Obama Will Seek Citizenship Path<br />
in One Fast Push<br />
Courtesy of: The New York Times<br />
WASHINGTON — President Obama plans to<br />
push Congress to move quickly in the coming<br />
months on an ambitious overhaul of the immigration<br />
system that would include a path to<br />
citizenship for most of the 11 million illegal<br />
immigrants in the country, senior administration<br />
officials and lawmakers said last week.<br />
Mr. Obama and Senate Democrats will propose<br />
the changes in one comprehensive bill,<br />
the officials said, resisting efforts by some Republicans<br />
to break the overhaul into smaller<br />
pieces — separately addressing young illegal<br />
immigrants, migrant farm workers or highly<br />
skilled foreigners — which might be easier for<br />
reluctant members of their party to accept.<br />
The president and Democrats will also oppose<br />
measures that do not allow immigrants who<br />
gain legal status to become American citizens<br />
one day, the officials said.<br />
Even while Mr. Obama has been focused on<br />
fiscal negotiations and gun control, overhauling<br />
immigration remains a priority for him this<br />
year, White House officials said. Top officials<br />
there have been quietly working on a broad<br />
proposal. Mr. Obama and lawmakers from<br />
both parties believe that the early months of<br />
his second term offer the best prospects for<br />
passing substantial legislation on the issue.<br />
Mr. Obama is expected to lay out his plan in<br />
the coming weeks, perhaps in his State of the<br />
Union address early next month, administration<br />
officials said.<br />
The White House will argue that its solution<br />
for illegal immigrants is not an amnesty, as<br />
many critics insist, because it would include<br />
fines, the payment of back taxes and other<br />
hurdles for illegal immigrants who would<br />
obtain legal status, the officials said. The president’s<br />
plan would also impose nationwide<br />
verification of legal status for all newly hired<br />
workers; add visas to relieve backlogs and<br />
allow highly skilled immigrants to stay; and<br />
create some form of guest-worker program to<br />
bring in low-wage immigrants in the future.<br />
A bipartisan group of senators has also been<br />
meeting to write a comprehensive bill, with<br />
the goal of introducing legislation as early<br />
as March and holding a vote in the Senate<br />
before August. As a sign of the keen interest in<br />
starting action on immigration, White House<br />
officials and Democratic leaders in the Senate<br />
have been negotiating over which of them will<br />
first introduce a bill, Senate aides said.<br />
Memories of the results of the November election<br />
are still fresh here. Latinos, the nation’s<br />
fastest-growing electorate, turned out in record<br />
numbers and cast 71 percent of their ballots<br />
for Mr. Obama. Many Latinos said they were<br />
put off by Republicans’ harsh language and<br />
policies against illegal immigrants.<br />
After the election, a host of Republicans,<br />
starting with Speaker John A. Boehner, said it<br />
was time for the party to find a more positive,<br />
practical approach to immigration. Many party<br />
leaders say electoral demographics are compelling<br />
them to move beyond policies based<br />
only on tough enforcement. Supporters of<br />
comprehensive changes say that the elections<br />
were nothing less than a mandate in their<br />
favor, and that they are still optimistic that Mr.<br />
Obama is prepared to lead the fight.<br />
“Republicans must demonstrate a reasoned<br />
approach to start to rebuild their relationship<br />
with Latino voters,” said Clarissa Martinez<br />
de Castro, the director of immigration policy<br />
at the National Council of La Raza, a Latino<br />
organization. “Democrats must demonstrate<br />
they can deliver on a promise.”<br />
•••••<br />
www.wsrca.com 6
CALIFORNIA NEWS<br />
2011 Hail Storm Still Having<br />
Positive Impact on City of Chico,<br />
Roofers<br />
Courtesy of: Chico Enterprise Record<br />
CHICO -- The hard-hitting hailstorm that<br />
slammed Chico 17 months ago continues to<br />
bring money into the city's coffers and roofers'<br />
pockets.<br />
Since the October 2011 storm, the city has<br />
received hundreds of thousands of dollars in<br />
revenue from fees for residential re-roofing<br />
permits. At $133 each, dozens of permits can<br />
be issued in a single week, as roofing companies<br />
continue to complete repairs or new<br />
roofs.<br />
City Building official Nelson George heard<br />
from insurance adjusters that more than 4,000<br />
roofs were damaged by the storm, which<br />
would mean $532,000 in permit revenue for<br />
the city, he said.<br />
The benefit began in 2011-12, continued into<br />
this fiscal year and may even continue into<br />
2012-13. On average, the city issues permits<br />
for about 350 roofs annually, but so far, it has<br />
issued more than 1,000 and the fiscal year is<br />
barely half over.<br />
"Last year our building division was in the<br />
black for the first in a long<br />
time," George said. "Of<br />
course that has to<br />
do with a lot<br />
of<br />
factors, but our revenues are looking really<br />
good."<br />
Beyond an impact to the city, the roofing<br />
industry sustained an economic stimulus and<br />
has a trickle-down effect.<br />
"It just brought an incredible amount of money<br />
into the economy," said Bill Crane of Chico<br />
<strong>Roofing</strong> Co. "For just my company alone, we<br />
more than doubled our income. That helped<br />
us tremendously to catch up."<br />
Talking to others in the home repair and construction<br />
trades — which were dealt a harsh<br />
blow by the economy — many are envious of<br />
those in the roofing business, Crane said.<br />
"For a number of years it's been really slow<br />
and we just got that gift dropped into our<br />
laps," he said. "We are thankful and blessed<br />
for the amount of work we had."<br />
Confined to Chico<br />
The hail storm hit on Oct. 5, 2011, and within<br />
a few days Chico <strong>Roofing</strong> started getting inquiries,<br />
including from roofing crews from the<br />
East Coast and Midwest that track hail events<br />
and try to follow the work.<br />
"We were being told by the storm chasers<br />
there were hundreds and hundreds of roofs<br />
that needed to be replaced," Crane said.<br />
"Myself and local colleagues, we didn't really<br />
realize the extent of the damage."<br />
On the one-to-five rating scale for hail, that<br />
October occurrence was a five — the most<br />
severe. In Chico, the damage concentrated<br />
between Eaton Road and East Avenue on<br />
either side of The Esplanade.<br />
"The action in all of California was right here,"<br />
Crane said.<br />
Asphalt shingle roofs sustained the most<br />
damage. The hail was large enough<br />
and hard enough to displace the granules,<br />
which compromises the shingles<br />
and significantly reduces the roof's life<br />
expectancy.<br />
To meet demand, Chico <strong>Roofing</strong> hired<br />
additional labor, but not storm chasers<br />
because Crane did not want to risk his<br />
reputation and preferred to support the<br />
local workforce.<br />
Michael Baird of Baird <strong>Roofing</strong> said he<br />
added five more people to his existing crew<br />
of 10 to handle the work volume. "We are<br />
booked out pretty good, probably twice as<br />
far as we generally are," he said, adding that<br />
immediate-need repairs take precedence over<br />
hail damage.<br />
•••••<br />
Oregon OSHA Reminds<br />
Businesses of Reporting<br />
Obligation<br />
Failure to report an incident carries a<br />
minimum $250 fine<br />
Courtesy of: COBA Education & Safety<br />
Committee<br />
(Salem) – The Oregon Occupational<br />
Safety and Health Division (Oregon<br />
OSHA) reminds employers of their obligation<br />
to report serious accidents or fatalities.<br />
The notification allows the agency<br />
to investigate the working conditions that<br />
may have caused death or harm. Under<br />
OSHA’s rule [OAR 437-001-0700(21)],<br />
employers must report a fatality within<br />
eight hours and report the overnight hospitalization<br />
of a worker within 24 hours.<br />
The citation carries a minimum $250<br />
penalty and can go up to $7,000.<br />
“Employers are required by law to report<br />
serious incidents so we can identify risks<br />
that may endanger other workers,” said<br />
Oregon OSHA Administrator Michael<br />
Wood. “Our goal is to ensure workers go<br />
home safely every day.”<br />
Oregon OSHA, a division of the Department<br />
of Consumer and Business Services,<br />
cited 36 companies in 2012 for failure to<br />
report violations. That’s down from the<br />
66 citations issued in 2009 but reporting<br />
remains a concern. Under the Oregon<br />
rule, reporting an accident to a workers’<br />
compensation carrier isn’t adequate<br />
and may still result in a failure to report<br />
citation. In 2012, some of the accidents<br />
Oregon OSHA investigated that weren’t<br />
reported include a severe electrical burn<br />
to a worker’s arm, face, and neck; a fall<br />
from a roof; and amputated fingers from<br />
contact with a table saw.<br />
To report an accident or fatality, call Oregon<br />
OSHA 24 hours a day at 1-800-922-<br />
2689 (toll-free). Leaving a message to<br />
make a report is sufficient under the rule.<br />
7
TEXAS NEWS<br />
Texas Bills Target Crooked Roofers<br />
After Dallas Area's Hail Horror<br />
Stories<br />
Courtesy of: The Dallas Morning News<br />
AUSTIN — Several weeks after signing a<br />
contract to get her roof replaced for $25,000<br />
last summer, Mary Jane Pierson of Fort Worth<br />
started to worry she was getting scammed.<br />
Her repeated phone calls to the roofing<br />
contractor weren’t returned or she was offered<br />
a litany of excuses about why the job wasn’t<br />
getting done: the company’s office flooded,<br />
the owner’s wife was in the hospital, shipment<br />
of the shingles had been delayed.<br />
“I knew there was a serious problem,” she<br />
said, recalling the change in behavior of the<br />
roofer, whose initial friendly demeanor before<br />
he secured the contract — and a check for<br />
$14,000 — was gone.<br />
Pierson, whose $200,000 brick home is still<br />
waiting for a new roof, said the contractor<br />
originally came knocking on her door — as<br />
did several others — last spring after a massive<br />
hailstorm in North Texas. He was very helpful<br />
and offered to get her insurance claim moving<br />
— so she agreed to sign a contract.<br />
“Everything looked on the up and up. So I<br />
gave him the first check from the insurance<br />
company for $14,000. I now know I shouldn’t<br />
have done that,” she said.<br />
Pierson plans to tell her story later this month<br />
in Austin when lawmakers consider bills that<br />
would impose new state requirements on<br />
roofing contractors for the first time. Currently,<br />
roofers are not required to be licensed or<br />
registered by the state.<br />
Sen. John Carona, R-Dallas, is sponsoring one<br />
measure aimed at protecting homeowners<br />
from dishonest roofers and roofing companies<br />
through state licensing of those businesses. A<br />
backup proposal by Carona calls for registration<br />
and oversight of roofers by the Texas<br />
Department of Insurance.<br />
“I’m generally not in favor of a large amount<br />
of licensing of any of the occupations, but<br />
where roofing is concerned there is such a<br />
long history of abuse of consumers, particularly<br />
during periods after storms or natural<br />
disasters,” he said.<br />
“Texas needs to put some safeguards in place<br />
to ensure that the people who provide new<br />
roofs are financially sound, meet the appropriate<br />
building codes and honor their warranties.”<br />
Some in the roofing industry, especially<br />
smaller outfits, have complained that the proposals<br />
might prevent contractors from starting<br />
their businesses and increase costs to consumers.<br />
Others have praised legislators for trying<br />
to help to weed out abusers who’ve preyed on<br />
homeowners.<br />
Roofers After a Storm<br />
Carona said his office regularly hears from<br />
constituents who have lost several thousands<br />
of dollars in scams by unregulated roofers.<br />
Karen Fox, executive director of the North<br />
Texas <strong>Roofing</strong> <strong>Contractors</strong> <strong>Association</strong>, said<br />
the pattern of fraud is similar in a majority of<br />
cases.<br />
“Within 12 hours of a storm, an area can<br />
be blanketed with roofers, many from other<br />
states. After making contact with the homeowner<br />
and offering a lower price, they ask for<br />
a down payment and say they will come back<br />
after buying the shingles. Then, they never<br />
come back,” she said.<br />
“Homeowners get taken advantage of all the<br />
time. It’s a big problem in North Texas.”<br />
Mike Crosby of Crosby <strong>Roofing</strong> in Dallas<br />
agreed the problem is widespread.<br />
“I can’t tell you how many people I’ve run<br />
into who had to pay for a new roof out of their<br />
pocket after a roofer took their money and<br />
disappeared,” he said.<br />
A major reason homeowners in the Dallas-<br />
Fort Worth area are targeted is that they live<br />
in what many consider to be the hail capital<br />
of the nation. Just last year, more than 40,000<br />
homes and businesses were damaged by two<br />
massive storm systems that struck the area,<br />
requiring roof replacements totaling hundreds<br />
of millions of dollars.<br />
“Unlike plumbers, electricians or even barbers,<br />
anyone can place a sign on their truck<br />
calling themselves a roofing contractor,” said<br />
Mark Hanna of the Insurance Council of<br />
Texas. “The result can be shoddy work, no<br />
work or outright insurance fraud.”<br />
Those practices, which have become more<br />
commonplace, have made many homeowners<br />
leery of dealing with roofing companies — a<br />
situation that Hanna says points to the need<br />
for regulation of roofers.<br />
He cited a council survey of registered voters<br />
last November, which indicated that more<br />
than four out of five Texans want roofing contractors<br />
to be licensed by the state.<br />
•••••<br />
www.wsrca.com 8
www.wsrca.com 9<br />
WASHINGTON NEWS<br />
Mt. Solo Middle School Roof<br />
Design Flaw Costs Taxpayers $1.1<br />
Million<br />
Courtesy of: The Daily News.com<br />
Taxpayers will foot a $1.1 million bill to<br />
replace a faulty metal roof that was put on<br />
Mount Solo Middle School a decade ago.<br />
Expressing considerable dismay, the Longview<br />
School Board on Monday approved a fiveyear<br />
maintenance projects plan that puts roof<br />
replacement at the top of the list.<br />
“That seems like a lot of money for a roof<br />
that’s not very old,” said board member Skip<br />
Urling. The school opened in 2003. “It’s a<br />
hard pill to swallow,” agreed Nelson Graham,<br />
school district facilities consultant.<br />
EagleView Technologies and<br />
Pictometry Announce Merger<br />
Increased scale, diversification and synergies<br />
in imaging & analytic capabilities expected to<br />
drive continuing growth<br />
Courtesy of: blog.eagleview.com<br />
Bothell, Washington and Rochester, New<br />
York – EagleView Technologies, the leading<br />
provider of automated 3D measurement technologies<br />
and analysis solutions and Pictometry<br />
International, the leader in geo-referenced<br />
aerial image capture and visual-centric data<br />
analysis, jointly announced in January that<br />
they have entered into a definitive merger<br />
agreement under which EagleView and<br />
Pictometry have combined their businesses<br />
into a single entity. EagleView and Pictometry<br />
closed the transaction on January 7, 2013.<br />
The current roof has been “leaking from day<br />
one,” he said. Graham said the original roof<br />
was the wrong design for the building, and the<br />
problems increased during installation. District<br />
financial adviser Larry Mayfield said the<br />
roof design was changed at the last minute.<br />
The roof has a long, gradual slope, he said,<br />
and is covered in metal sheets that overlap<br />
and are spliced together with rivets. As the<br />
metal expands and contracts as temperatures<br />
change, the tugging has widened the rivet<br />
holes, allowing water to leak in.<br />
Repair attempts have improved matters, but<br />
not permanently, he said. A new metal roof<br />
would cost about $1.6 million, Graham said,<br />
but the district will be using a membrane<br />
made from vinyl sheeting or rubberized<br />
asphalt roof as a replacement. The nature of<br />
those roofs was not immediately available.<br />
Board members wanted to know if the district<br />
could recoup some of the replacement cost.<br />
“Is the district footing the entire bill for this fix,<br />
or are the contractors who built the structure<br />
going to help?” Urling asked. Mayfield<br />
said there did not appear to be any financial<br />
recourse, as the district apparently did not<br />
purchase a warranty.<br />
“This is what makes taxpayers mad,” board<br />
member Barb <strong>West</strong>rick said. The Daily News<br />
was unable to reach anyone at Northwest<br />
Architectural Co., Seattle, who could discuss<br />
the building project. The lead architect, Dale<br />
Brookie, has retired, according to an employee<br />
with the firm.<br />
The merger creates a global leader providing<br />
unparalleled geo-referenced aerial imagery<br />
and analytical software solutions servicing<br />
both government and commercial customers.<br />
The new entity will offer comprehensive<br />
and robust capabilities in aerial imagery<br />
collections, geospatial analytics and 3D<br />
measurement technologies. A more diversified<br />
revenue base, greater financial resources,<br />
advanced product capabilities and significant<br />
growth opportunities will reach across current<br />
industry segments – including local and<br />
regional government, insurance, energy and<br />
utilities and construction – as well as additional<br />
verticals.<br />
Jury Awards $6.9 Million to<br />
Shocked Roofer<br />
Courtesy of: Burlington County Times<br />
A Burlington County jury has handed down<br />
a $6.9 million award to a local roofer<br />
who was nearly electrocuted on the job in<br />
Mount Laurel more than five years ago.<br />
Jurors found American Honda Motor Co.<br />
Inc. and Trane Inc. liable for the serious<br />
injuries suffered by county resident Charles<br />
Shea on June 26, 2007. It also found that<br />
another company, Falasca Mechanical Inc.<br />
of Vineland, had no liability in the incident<br />
during the two-week trial in Superior<br />
Court in Mount Holly before Judge Patricia<br />
Richmond.<br />
Shea, who was employed by Jottan <strong>Roofing</strong><br />
of Florence, was working on the roof of the<br />
American Honda warehouse on Gaither<br />
Drive when he came into contact with an<br />
exposed live wire, said his attorney, Alfred<br />
J. Falcione of Flynn & Associates of Cherry<br />
Hill. The wire was left after a condensing<br />
unit had been removed, Falcione said.<br />
Trane was the company charged with the<br />
facility’s service and maintenance, he said.<br />
“It had been abandoned years ago, but it<br />
was still live and sent 480 volts into Mr.<br />
Shea,” Falcione said. The jolt sent him about<br />
20 feet across the roof, seriously injuring the<br />
disk at the base of his back.<br />
Shea, who was 34 at the time, has to have<br />
fusion surgery and continues to have severe<br />
pain in his back and down his legs, the attorney<br />
said. He also needs another surgery<br />
to have a spinal simulator implanted in his<br />
back to help relieve his symptoms, according<br />
to expert orthopedic surgeons who testified<br />
on Shea’s behalf.<br />
“He has been a roofer since he was 20, and<br />
that’s all he ever knew,” Falcione said of his<br />
client.<br />
Although Shea, a married father of three,<br />
can walk, his injuries have affected his gait,<br />
the attorney said.<br />
“He suffered severe injuries, and he will<br />
never work in that field again,” Falcione<br />
said. “We think the jury understood that<br />
and justice was served.”<br />
The jury found that American Honda and<br />
Trane were equally liable for the personal<br />
injury verdict. The panel awarded $2 million<br />
for pain and suffering, $2.8 million for<br />
past and future lost earnings, $2 million for<br />
future medical expenses, and $110,365 for<br />
past medical expenses.
Library Order Form<br />
WESTERN STATES<br />
ROOFING CONTRACTORS ASSOCIATION<br />
Member Price<br />
Non-Member<br />
1.<br />
WSRCA Concrete and Clay Tile Application Details Manual<br />
Alpine Conditions<br />
Moderate Conditions<br />
$35 Alpine<br />
$10 Moderate<br />
$45 Alpine<br />
$20 Moderate<br />
2.<br />
3.<br />
4.<br />
5.<br />
6.<br />
7.<br />
8.<br />
9.<br />
10.<br />
11.<br />
12.<br />
13.<br />
14.<br />
15.<br />
16.<br />
17.<br />
WSRCA "Spanish-In-A-Pinch" English to Spanish & Vice Versa<br />
Safety Cards Fall Protection & Equipment Cards<br />
WSRCA Waterproofing Manual with Below & Above Grade Guidelines (2nd Edition)<br />
WSRCA Above Grade Waterproofing Guideline<br />
WSRCA Below Grade Waterproofing Guideline<br />
WSRCA Day Planner<br />
WSRCA <strong>Roofing</strong> Details on Compact Disk<br />
WSRCA <strong>Roofing</strong> Details Manual (includes Steep-Slope, Low-Slope, Tile-Alpine, Tile-Moderate, and Metal)<br />
WSRCA Safety Tool Box Topics (includes both English and Spanish Topics)<br />
WSRCA Glossary of <strong>Roofing</strong> Terms<br />
WSRCA 10-Year TPO Study (Set of Three: Includes 3-Year, 5-Year and 10-Year Studies)<br />
WSRCA TPO Roof Membrane Repair & Maintenance Guidelines<br />
California Construction Law: 2012 Edition by Sam Abdulaziz (Abdulaziz & Grossbart)<br />
Slate Roofs - Design & Installation Manual (2010 Edition) - National Slate <strong>Association</strong><br />
Historic and Obsolete <strong>Roofing</strong> Tile (Preserving the History of <strong>Roofing</strong> Tiles)<br />
The Slate Roof Bible<br />
The Slate Book<br />
$10 $10<br />
$135 $185<br />
$75 $100<br />
$75 $100<br />
$29 $40<br />
$75 $150<br />
$150 $195<br />
$50 $65<br />
$10 $15<br />
$50 $75<br />
$150 $200<br />
$25 $35<br />
$90 $115<br />
$75 $100<br />
$45 $60<br />
$65 $85<br />
TOTAL<br />
Mail, Fax or E-Mail this Request To:<br />
<strong>West</strong>ern <strong>States</strong> <strong>Roofing</strong> <strong>Contractors</strong> <strong>Association</strong> (WSRCA)<br />
465 Fairchild Drive, Suite #210<br />
Mountain View, CA 94043<br />
1-800-725-0333 - Toll Free<br />
(650) 938-5407 - Fax<br />
info@wsrca.com - E-Mail<br />
If paying by check, please contact WSRCA for shipping costs. If paying by Credit Card, shipping charges will be added to the purchase cost.<br />
COMPANY:<br />
SHIP ORDER TO THE FOLLOWING COMPANY<br />
CHECK:<br />
METHOD OF PAYMENT<br />
CHECK NUMBER:<br />
CONTACT:<br />
ADDRESS:<br />
CREDIT CARD: VISA MC AMEX<br />
CARD NUMBER:<br />
CITY, STATE, ZIP:<br />
PHONE NUMBER:<br />
EXP. DATE:<br />
SIGNATURE:<br />
CODE:
WSRCA Executive Committee<br />
and Board of Directors<br />
Bill Baley<br />
EXECUTIVE COMMITTEE<br />
WSRCA President<br />
Bill Baley<br />
C.I. Services, Mission Viejo CA<br />
(800) 830-7888, bbaley@ciservicesinc.com<br />
Senior Vice President<br />
Dennis Ryan<br />
Waterproofing Associates, Mountain View CA<br />
(650) 937-1299, dennis@roofwa.com<br />
VP - 1 Year<br />
Pete Schmautz<br />
Star <strong>Roofing</strong>, Phoenix AZ<br />
(602) 944-3323, pschmautz@staroof.com<br />
VP - 1 Year<br />
Steve Reardon<br />
Enterprise <strong>Roofing</strong>, Concord CA<br />
(925) 689-8100, sreardon@enterpriseroofing.com<br />
VP - 2 Years<br />
Rob Winkle<br />
<strong>West</strong>ern Pacific <strong>Roofing</strong> Corp., Palm Springs CA<br />
(661) 273-1336, robwinkle@westpacroof.com<br />
VP - 2 Years<br />
Brad Baker<br />
Professional <strong>Roofing</strong>, Bellevue ID<br />
(208) 788-1411, epdmroofer@yahoo.com<br />
Immediate Former President<br />
Travis Nelson<br />
Brown <strong>Roofing</strong> Company, The Dalles OR<br />
(541) 296-6593, info@brownroofing.com<br />
Executive Director<br />
Arlene Lawson<br />
<strong>West</strong>ern <strong>States</strong> RCA, Mountain View CA<br />
(650) 938-5441, arlene@wsrca.com<br />
BOARD OF DIRECTORS<br />
Alaska<br />
Misty Stoddard<br />
Rainproof <strong>Roofing</strong>, Anchorage AK<br />
(907) 344-5545, mstoddard@rainproofroofing.com<br />
California<br />
Bob Jones<br />
Airtight Construction, Inc., Concord CA<br />
(925) 687-5900, bob@airtightconstruction.com<br />
Bruce Radenbaugh<br />
Bilt-Well <strong>Roofing</strong><br />
(323) 254-2888, brucerad@biltwell.com<br />
Leo Ibarra<br />
Blue’s <strong>Roofing</strong> Company, Milpitas CA<br />
(408) 240-0680, li@bluesroof.com<br />
Gary Martin<br />
G.M. <strong>Roofing</strong> & Maintenance, Valley Center CA<br />
(760) 749-0971, gmroofandmtc@aol.com<br />
Michael Wakerling<br />
General <strong>Roofing</strong> Company, Oakland CA<br />
(510) 536-3356, mikew@generalroof.com<br />
Tom Asbury<br />
Summit <strong>Roofing</strong> Services<br />
(209) 825-3042, tasbury@sroofs.com<br />
Hawai’i<br />
Michael Tory<br />
Tory’s <strong>Roofing</strong>, Inc.<br />
(808) 456-5990, mike@torysroofing.com<br />
Idaho<br />
Bill Asbury<br />
Cobra Building Envelope <strong>Contractors</strong><br />
(208) 995-5664, billa@cobraresults.com<br />
Oregon<br />
Greg Carlson<br />
Carlson <strong>Roofing</strong>, Hillsboro OR<br />
(503) 640-3623, greg@carlsonroof.com<br />
Chris Sprick<br />
Sprick <strong>Roofing</strong> Company, Corvallis OR<br />
(541) 752-2590, chris@sprickroofing.com<br />
South Dakota<br />
Darin Douglas<br />
Lowe <strong>Roofing</strong>, Whitewood SD<br />
(605) 269-2211,<br />
darindouglas@loweroofinginc.com<br />
Texas<br />
Don Fry<br />
Fry <strong>Roofing</strong><br />
(830) 980-8103, dfry@fryroofing.com<br />
Washington<br />
George Madsen<br />
Madsen <strong>Roofing</strong> Co., Lacey WA<br />
(360) 456-2821, george@madsenroofing.com<br />
WSRCA STAFF<br />
Arlene Lawson<br />
Executive Director<br />
(650) 938-5441 x.12, arlene@wsrca.com<br />
Sofia Pulido<br />
Director of Finances & Human Resources<br />
(650) 938-5441 x.14, sofia@wsrca.com<br />
Joel Viera<br />
Assoc. Director of Exhibits & Membership<br />
(650) 938-5441 x.13, joel@wsrca.com<br />
Chris Alberts<br />
Assoc. Director of Design & Technology<br />
(650) 938-5441 x.11, chris@wsrca.com<br />
Daniel Rosales<br />
Administrative Assistant<br />
(650) 938-5441 x.10, daniel@wsrca.com<br />
<strong>West</strong>ern <strong>States</strong> RCA<br />
465 Fairchild Drive, #210<br />
Mountain View, CA 94043<br />
(800) 725-0333 Toll Free<br />
(650) 938-5441 Phone<br />
(650) 938-5407 Fax<br />
ECONOMY (Con’t.,)<br />
even those who pushed hardest for tax cuts in<br />
the first place."<br />
Americans earning over $50,000 per year (the<br />
equivalent of about $250,000 today) increased<br />
their tax payments by nearly 40% after<br />
the rate cut, according to a report from the<br />
Joint Economic Committee of Congress. Their<br />
share of overall taxes paid rose to almost 15%<br />
in 1966 from 12% in 1963. Americans with<br />
an income of more than $1 million nearly<br />
doubled their tax payments to $603 million in<br />
1965 from $311 million in 1962.<br />
President Reagan cut all tax rates across the<br />
board in his first term, with the highest rate<br />
reduced to 50% from 70%. That was followed<br />
a few years later with the 1986 Tax Reform<br />
Act, which closed loopholes and lowered the<br />
top tax rate to 28%.<br />
The economy soared in the 1980s and the unemployment<br />
rate plunged after the mini-depression<br />
of 1978-82. Tax rates fell but federal<br />
revenues rose to $1.032 trillion in 1990 from<br />
$517 billion in 1980.<br />
Taxes paid by the wealthiest Americans facing<br />
the highest marginal tax rates increased every<br />
year during the 1980s expansion. Meanwhile,<br />
the share of total income taxes paid by the top<br />
1% rose to 25% in 1990 from 18% in 1981.<br />
The wealthiest 5% of Americans saw their<br />
tax share rise to 44% from 35%. The surge in<br />
revenues was the result of prosperity that was<br />
largely spurred by tax-rate cuts. The increase<br />
in government deficits during that period,<br />
on the other hand, was due to higher federal<br />
spending.<br />
In 2003, President George W. Bush signed<br />
legislation that cut the top income tax rate<br />
to 35% from 39.6% and cut taxes on capital<br />
gains, too. Federal tax revenues surged by a<br />
record $780 billion from 2003-07, when the<br />
housing bubble collapsed. And once again,<br />
the rich paid more tax, not less. The share of<br />
taxes paid by the top 1% rose to 41% in 2007<br />
from 35% in 2003. Tax payments by millionaires<br />
doubled from 2003 to 2007 because<br />
there were more millionaires and their beforetax<br />
incomes rose rapidly.<br />
It is also true that when Bill Clinton raised tax<br />
rates in the 1990s, the economy boomed and<br />
the share of taxes paid by the rich increased.<br />
But the otherwise depressive effect of higher<br />
tax rates was counteracted by the lighter<br />
burden of government on the private sector—<br />
federal spending declined to 18% of GDP in<br />
2000 from 22% in 1993.<br />
A cut in spending is the economic equivalent<br />
of a cut in taxes now, or later. This point is<br />
See ECONOMY (p.14)<br />
www.wsrca.com 11
KEN’S LEGAL CORNER<br />
Ken’s Legal Corner: MECHANIC'S<br />
LIEN AND BANKRUPTCY<br />
The case of Pioneer<br />
Construction, Inc. v.<br />
Global Investment<br />
gives us an exception<br />
to the timing of<br />
the Mechanic's Lien.<br />
This particular case<br />
began because of<br />
a contract between<br />
Oakridge Homes<br />
LLC ("Oakridge") and<br />
Pioneer Construction,<br />
Inc. ("Pioneer") in 2005 for construction<br />
services on 19 lots in Stevenson Ranch.<br />
Pioneer completed the work but Oakridge<br />
never paid them for the work done on the<br />
project. This caused Pioneer to seek recovery<br />
by utilizing the Mechanic's Lien process. The<br />
legalities on the timing Pioneer utilized are<br />
what is at question in this case.<br />
Pioneer recorded a Mechanic's Lien on April<br />
17, 2008. On June 13, 2008, Oakridge filed<br />
for Chapter 11 bankruptcy. Pioneer recorded<br />
another Mechanic's Lien for more money on<br />
January 29, 2009. A Notice of Perfection of<br />
Security Interest (a filing in bankruptcy court<br />
rather than the superior court because of the<br />
bankruptcy stay, to notify all creditors of Pioneer's<br />
claims against the property) was filed<br />
by Pioneer in the Chapter 11 proceedings with<br />
a $2.67 million lien (the same amount as the<br />
second Mechanic's Lien).<br />
By July 2009, the subject property was purchased<br />
by Global Investment Corp ("Global")<br />
at a trustee's sale held after relief from the<br />
automatic stay was obtained. Pioneer finally<br />
filed a complaint to foreclose on the Mechanic's<br />
Liens in November of 2009 as well as<br />
recorded a Lis Pendens. Global demurred and<br />
motioned to expunge the Lis Pendens on the<br />
grounds that the Mechanic's Lien was invalid.<br />
The trial court expunged the Lis Pendens.<br />
Civil Code section 3144 (which is now Civil<br />
Code section 8460) at the time stated,<br />
"(a) No lien provided for in this chapter binds<br />
any property for a longer period of time than<br />
90 days after the recording of the claim of lien,<br />
unless within that time an action to foreclose<br />
the lien is commenced in a proper court,<br />
except that, if credit is given and notice of the<br />
fact and terms of such credit is recorded in<br />
the office of the county recorder subsequent<br />
to the recording of such claim of lien and<br />
prior to the expiration of such 90-day period,<br />
then such lien continues in force until 90 days<br />
after the expiration of such credit, but in no<br />
case longer than one year from the time of<br />
completion of the work of improvement. (b)<br />
If the claimant fails to commence an action<br />
to foreclose the lien within the time limitation<br />
provided in this section, the lien automatically<br />
shall be null and void and of no further force<br />
and effect."<br />
Going by Civil Code section 8460 alone, the<br />
trial court was accurate in their finding because<br />
Pioneer did not file its complaint within<br />
90 days of the first Mechanic's Lien. However,<br />
because this dealt with a bankruptcy<br />
matter, there are additional laws that needed<br />
to be considered, such as 11 U.S.C. sections<br />
362 and 546. Enforcement actions are not<br />
allowed during the automatic stay but tolled.<br />
In other words, the time period wherein the<br />
automatic stay is in effect will not be counted<br />
as part of the time period used to calculate<br />
deadlines, etc.<br />
In this instance, the 90-day timeline of Civil<br />
Code section 8460 was tolled. This is because<br />
Pioneer filed its lien January 29, 2009, and<br />
the 90-day period did not begin until after<br />
the trustee's sale on August 25, 2009 and the<br />
complaint was filed on November 12, 2009,<br />
which was 79 days after the trustee's sale, the<br />
time within which the time began to run again<br />
as the bankrupt entity no longer owned the<br />
property. Thus, the stay made the complaint<br />
timely. The appellate court reversed the trial<br />
court's judgment.<br />
•••••<br />
Kenneth Grossbart is recognized as one of the<br />
foremost authorities in California construction<br />
law. Over the past 30 years, Ken has become<br />
a respected speaker on Mechanic’s Liens and<br />
other construction related issues. Abdulaziz,<br />
Grossbart & Rudman provides this information as<br />
a service to its friends & clients and it does not<br />
establish an attorney-client relationship with the<br />
reader. This document is of a general nature and<br />
is not a substitute for legal advice. Since laws<br />
change frequently, contact an attorney before<br />
using this information. Ken Grossbart can be<br />
reached at Abdulaziz, Grossbart & Rudman: (818)<br />
760-2000 or by E-Mail at ksg@agrlaw.com or at<br />
www.agrlaw.com<br />
Green Guarantees Vex Firms<br />
With Added Risk<br />
Courtesy of: ENR.com<br />
More owners of green projects, especially<br />
governments, are demanding long-term performance<br />
guarantees, and contractors and<br />
designers are trying to figure out how to defray<br />
the risks of such commitments. Among<br />
the biggest problems posed by guarantees<br />
for contractors is being held accountable<br />
for work they didn’t do and the operation of<br />
delivered buildings they no longer control.<br />
Most insurance companies don’t cover guarantees,<br />
and attorneys often advise against<br />
making them out of concern for potential<br />
liability that could cost millions of dollars.<br />
<strong>Contractors</strong> don’t like to pass on a job<br />
because of guarantee demands, especially in<br />
the current economy, but some think it could<br />
be costlier in the long run not to.<br />
“It’s a real can of worms,” says Bill Green,<br />
president of The RMH Group Inc., an engineering<br />
firm in Lakewood, Colorado about<br />
the trend. Required guarantees can range<br />
from getting a specified LEED certification to<br />
promising a building will deliver a specific<br />
amount of energy savings after occupancy.<br />
Some owners have sued contractors because<br />
a green building was supposed to decrease<br />
absenteeism among employees and increase<br />
productivity, but didn’t.<br />
Owners’ insistence that architects, engineers,<br />
construction companies and other contractors<br />
guarantee their work on sustainable<br />
projects coincides with the rise in demand<br />
for LEED-certified and other sustainable<br />
buildings, and they want to make sure they<br />
get their money’s worth, according to contractors.<br />
“There’s been a lot of green evolution,” says<br />
Roy Bash, attorney and chairman of the<br />
Construction/Energy/Real Estate Litigation<br />
practice group at the Kansas City, Missouri<br />
based Polsinelli Shughart PC law firm. “It’s<br />
easy to say I want a green building, but it’s<br />
harder to make the decision to pay for it.”<br />
Requiring new buildings to be sustainable<br />
has even become part of some city and state<br />
building codes, so contractors must deliver<br />
those buildings by law. The Washington,<br />
D.C. based International Green Council’s International<br />
Green Construction Code (IgCC),<br />
for example, was completed in 2012 and is<br />
the first model code to include sustainability<br />
measures for an entire construction project.<br />
<strong>States</strong> such as Florida, North Carolina and<br />
Oregon have adopted the code, as well as<br />
cities such as Scottsdale, Arizona.<br />
•••••<br />
www.wsrca.com 12 800.725.0333
SAFETY CORNER<br />
From: Darin Douglas - Chairman<br />
WSRCA Safety & Health Committee<br />
Safety Glasses<br />
(ANSI 287.1)<br />
BASIC<br />
PERSONAL<br />
PROTECTION<br />
Hard Hat<br />
(ANSI 289.1)<br />
Reflective<br />
Safety Vest<br />
(CLASS II)<br />
Task Specific<br />
Gloves<br />
Download<br />
Safety Field<br />
Cards from<br />
the WSRCA<br />
Clubhouse<br />
As Chairman of this<br />
committee, my goals<br />
this year are many -<br />
as "Safety First" is the contractors motto. The<br />
committee reviewed current WSRCA safety<br />
material with a goal to promote and improve<br />
our existing library. Committee is reviewing<br />
the WSRCA Tool Box Talks and will continue<br />
to add new talks to the library. The WSRCA<br />
Spanish in a Pinch Safety Cards are available<br />
on our website www.WSRCA.com and are a<br />
great tool for your crews in the field and an<br />
example of the quality material our committee<br />
aims to keeping producing.<br />
In 2013 WSRCA will be showcasing its new<br />
“Safety Guy” with the hope of making his<br />
image a staple in our future safety and health<br />
materials. When you see “Safety Guy” you’ll<br />
know the materials are WSRCA Safety related.<br />
Guy’s first appearance came in 2012 on the<br />
WSRCA Mobile Crane Signals Poster. This<br />
poster is available to members on the website<br />
and is a great tool for everyone in your<br />
company.<br />
Future literature will include more WSRCA<br />
Safety Posters for your shop, office, and jobsite<br />
as well as WSRCA Field Safety Cards. These<br />
cards are designed to be used in the field<br />
as training aides, reminders and on the job<br />
reference.<br />
Each year the committee hopes to debut<br />
four new cards for members to add to their<br />
library. Our next card for you to download<br />
has “Safety Guy” showing Basic Personal<br />
Protective Equipment safety needs.<br />
The board of directors and staff at WSRCA<br />
realize that keeping your employees safe and<br />
healthy is a big part of everyday business.<br />
By making Safety and Health a stand-alone<br />
committee WSRCA hopes to provide its<br />
members safety materials that can be used<br />
every day to send everyone home to their<br />
families safe and sound after a hard day’s<br />
work.<br />
Thanks for your Commitment to Safety!<br />
Sturdy<br />
Work Boots<br />
WSRCA BASIC PERSONAL PROTECTION<br />
EQUIPMENT (PPE)<br />
Personal Protective Equipment shall be used at<br />
manufacturers recommendations<br />
EXAMPLES:<br />
• Head Protection<br />
• Ear Protection<br />
• Hand Protection<br />
• Eye Protection<br />
• Respiratory Protection<br />
• Foot Protection<br />
OSHA Standard:<br />
29 CFR 1926 Subpart E (1926.95 to 1926.107)<br />
ROOFING CONTRACTORS ASSOCIATION<br />
Hazard Communication<br />
Full Length<br />
Trousers<br />
TOOL BOX TALKS<br />
Please refer to<br />
WSRCA Tool Box Talks<br />
listed below for further<br />
information and training:<br />
Tool Box Talk Numbers:<br />
E-1, F-1, H-1, H-3,<br />
P-1, P-5, W-1<br />
465 Fairchild Drive, Suite 210 • Mountain View, CA 94043<br />
Toll Free: 1-800-725-0333 Tel: (650) 938-5441 Fax: (650) 938-5407<br />
Email: info@wsrca.com<br />
The standard that gave workers the right to<br />
know, now gives them the right to understand<br />
Courtesy of: OSHA.gov<br />
"Exposure to hazardous chemicals is one<br />
of the most serious threats facing American<br />
workers today," said U.S. Secretary of Labor<br />
Hilda Solis. "Revising OSHA's Hazard Communication<br />
standard will improve the quality<br />
and consistency of hazard information, making<br />
it safer for workers to do their jobs and<br />
easier for employers to stay competitive."<br />
The Hazard Communication Standard (HCS)<br />
is now aligned with the Globally Harmonized<br />
System of Classification and Labeling of<br />
Chemicals (GHS). This update to the Hazard<br />
Communication Standard (HCS) will provide<br />
a common and coherent approach to classifying<br />
chemicals and communicating<br />
hazard information on labels<br />
and safety data sheets. Once<br />
implemented, the revised standard<br />
will improve the quality and consistency<br />
of hazard information in<br />
the workplace, making it safer for<br />
workers by providing easily understandable<br />
information on appropriate<br />
handling and safe use of<br />
hazardous chemicals. This update<br />
will also help reduce trade barriers<br />
and result in productivity improvements<br />
for American businesses that<br />
regularly handle, store, and use<br />
hazardous chemicals while providing<br />
cost savings for American<br />
businesses that periodically update<br />
safety data sheets and labels for<br />
chemicals covered under the hazard<br />
communication standard.<br />
Download Safety Field Cards from the<br />
WSRCA Member’s Clubhouse!<br />
Hazard Communication Standard<br />
In order to ensure chemical safety in the<br />
workplace, information about the identities<br />
and hazards of the chemicals must be available<br />
and understandable to workers. OSHA's<br />
Hazard Communication Standard (HCS)<br />
requires the development and dissemination<br />
of such information:<br />
Chemical manufacturers and importers<br />
are required to evaluate the hazards of the<br />
chemicals they produce or import, and prepare<br />
labels and safety data sheets to convey<br />
the hazard information to their downstream<br />
customers;<br />
All employers with hazardous chemicals in<br />
their workplaces must have labels and safety<br />
SAFETY EXPO<br />
Check out the <strong>West</strong>ern<br />
<strong>Roofing</strong> Expo 2013<br />
advance registration<br />
brochure – where the Safety Expo<br />
2013 will be offering CPR/First Aid & Fall<br />
Protection training on Monday, June 10th. It’s<br />
a great opportunity to have your roofing crew<br />
receive a safety education, and experience<br />
the Sunday Welcoming Reception, Monday<br />
Seminar and Tradeshow COMPLIMENTARY!<br />
(Sponsored by<br />
ABC Supply Co.,)<br />
See HAZARD (p.14)<br />
800.725.0333 13<br />
www.wsrca.com
HAZARD (Con’t.,)<br />
data sheets for their exposed workers, and<br />
train them to handle the chemicals appropriately.<br />
Major changes to the Hazard Communication<br />
Standard<br />
Hazard classification: Provides specific criteria<br />
for classification of health and physical hazards,<br />
as well as classification of mixtures.<br />
Labels: Chemical manufacturers and importers<br />
will be required to provide a label that includes<br />
a harmonized signal word, pictogram,<br />
and hazard statement for each hazard class<br />
and category. Precautionary statements must<br />
also be provided.<br />
Safety Data Sheets: Will now have a specified<br />
16-section format.<br />
Information and training: Employers are<br />
required to train workers by December 1,<br />
2013 on the new labels elements and safety<br />
data sheets format to facilitate recognition and<br />
understanding.<br />
ECONOMY (Con’t.,)<br />
effectively conceded by Mr. Obama demanding<br />
that his spending and borrowing binge of<br />
the past four years must be paid for by a giant<br />
increase in taxes over the next decade. Some<br />
liberals acknowledge these fiscal facts of life<br />
but argue that tax revenues from the wealthy<br />
increased simply because the rich got richer.<br />
And so they did.<br />
But the economic growth that was touched<br />
off by lower tax rates, particularly in the<br />
1960s and 1980s, also benefited middle-class<br />
incomes and living standards. If Mr. Obama<br />
has his way and raises tax rates on upperincome<br />
groups, it will slow the economy, and<br />
everyone will lose.<br />
ROOFING EXPO 2013<br />
WESTERN<br />
JUNE 9-12 • PEPPERMILL RESORT & CASINO • RENO<br />
NEW MEMBERS<br />
ASSOCIATE MEMBERS<br />
American WeatherStar<br />
Scott Gayle<br />
2100 Government Street<br />
Mobile, AL 36606<br />
(800) 771-6643<br />
(251) 479-3602<br />
sgayle@weatherstar.net<br />
www.americanweatherstar.com<br />
Battens Plus, Inc.<br />
Brad Blake<br />
PO Box 5057<br />
El Dorado Hills, CA 95762<br />
(530) 620-5287<br />
(360) 251-8193<br />
brad@battensplus.com<br />
www.battensplus.com<br />
California Stone Coating<br />
Jason DeCarsky<br />
37909 Von Euw Common<br />
Fremont, CA 945436<br />
(510) 284-2554<br />
(510) 794-6487<br />
jason.decarsky@calstonecoat.com<br />
calstonecoat.com<br />
COUNTRY Financial<br />
Brian Donne<br />
201 NW 3rd Street<br />
Corvallis, OR 97330<br />
(541) 757-0899<br />
(541) 738-2730<br />
brian.donne@countryfinancial.com<br />
www.countryfinancial.com/brian.donne<br />
First Choice Repair<br />
Eric Porak<br />
3728 Phillips Highway, Ste 360<br />
Jacksonville, FL 32207<br />
(904) 346-5827<br />
(904) 562-3279<br />
contractor-services@firstchoicerepair.com<br />
www.firstchoicerepair.com<br />
Franklin International<br />
David Braun<br />
2020 Bruck Street<br />
Columbus, OH 43207<br />
(614) 445-1234<br />
(614) 445-1555<br />
davidbraun@franklininternational.com<br />
www.titebond.com<br />
Gibraltar Building Products<br />
Jay Small<br />
4850 Moline Street<br />
Denver, CO 80239<br />
(303) 882-4356<br />
jsmall@gibraltar1.com<br />
www.gibralter1.com<br />
GMC <strong>Roofing</strong> & Building Paper Products, Inc.<br />
Mark Medina<br />
6400 Zerker Avenue<br />
Shafter, CA 93263-9616<br />
(661) 399-4324<br />
(661) 399-6136<br />
mmedina@gmcrfg.com<br />
www.gmcpaper.com<br />
Hailstrike<br />
Daron Sneed<br />
4011 W. Plano Parkway, Suite 105<br />
Plano, TX 75093<br />
(972) 638-7225<br />
awiegert@hailstrike.com<br />
www.hailstrike.com<br />
Kee Safety, Inc.<br />
Juan Lopez<br />
4045 E. Guasti Road, Unit #207<br />
Ontario, CA 91761<br />
(855) 893-2455<br />
(888) 357-8198<br />
jlopez@keesafety.com<br />
www.keesafety.com<br />
Kemper System America Inc.<br />
Kathleen Courteau<br />
1200 N America Drive<br />
<strong>West</strong> Seneca, NY 14227<br />
(716) 558-2971<br />
(716) 558-2967<br />
kcourteau@kempersystem.com<br />
www.kemper-system.com<br />
LaPolla Industries<br />
Besty Ayala<br />
15402 Vantage Pkwy, #322<br />
Houston, TX 77032<br />
(281) 219-4100<br />
(281) 219-4106<br />
bayala@lapolla.com<br />
www.lapollacoatings.com<br />
OC Metals<br />
Mari Kurtz<br />
2750 S. Main Street, #B<br />
Santa Ana, CA 92707<br />
(714) 668-0783<br />
(714) 556-5229<br />
mari@ocmetals.com<br />
www.ocmetals.com<br />
PHP Systems & Design<br />
Bruce Kolb<br />
5534 Harvey Wilson Drive<br />
Houston, TX 77020<br />
(800) 797-6585<br />
(713) 672-1170<br />
bruce@phpsd.com<br />
www.phpsd.com<br />
www.wsrca.com 14 800.725.0333
Roof Management<br />
Greg Hayne<br />
PO Box 1344<br />
Fairfield, IA 52556<br />
(641) 469-6464<br />
greg@managingroofs.com<br />
www.creatinggreatservice.com<br />
Ross and Associates Insurance Services, Inc.<br />
Seth T. Pietsch, CPIA, CRIS, MLIST<br />
9201 S.E. 91st Avenue, Suite 220<br />
Portland, OR 97086<br />
(503) 698-3833<br />
(503) 698-3844<br />
sethp@ross-ins.com<br />
www.ross-ins.com<br />
SRS Distribution<br />
John Bradberry<br />
5900 South Lake Forest Drive, Suite 400<br />
McKinney, TX 75070<br />
(972) 837-6906<br />
(214) 491-4156<br />
jbradberry@srsicorp.com<br />
www.srsicorp.com<br />
BRANCH ASSOCIATES<br />
Roofline Supply<br />
Cory Garrison<br />
5700 88th Street<br />
Sacramento, CA 95828<br />
(541) 408-2096<br />
(916) 637-9035<br />
cgarrison@rooflinesupply.com<br />
www.rooflinesupply.com<br />
Roofline Supply<br />
Pat Hughes<br />
12454 SE Jennifer Street<br />
Clackamas, OR 97015<br />
(360) 772-0962<br />
(503) 657-0160<br />
phughes@rooflinesupply.com<br />
www.rooflinesupply.com<br />
Shake & Shingle Supply<br />
Justin Harrod<br />
3270 Astrozon Blvd.<br />
Colorado Springs, CO 80910<br />
(719) 219-0537<br />
(719) 219-0240<br />
jharrod@shakeandshingleroofingsupply.com<br />
www.shakeandshingleroofingsupply.com<br />
CONTRACTOR MEMBERS<br />
Leak Seal <strong>Roofing</strong><br />
Ray Deal<br />
7503 NE 101st St.<br />
Vancouver, WA 98662<br />
(360) 513-8632<br />
(360) 576-6984<br />
ray.d@leaksealroofing.com<br />
www.leaksealroofing.com<br />
PRINCIPLES OF A<br />
SUCCESSFULL ABOVE-GRADE &<br />
BELOW-GRADE WATERPROOFING<br />
PROJECT<br />
The WSRCA Principles of a<br />
Successful Above-Grade and<br />
Below-Grade Waterproofing<br />
Project document has been assembled<br />
to provide designers,<br />
building owners, and general<br />
contractors with general<br />
technical guidance regarding<br />
proper design, aspects of<br />
preparation, and installation<br />
on any type of waterproofing<br />
project. Be sure to pick up<br />
your copy today by calling WS-<br />
RCA at 800.725.0333, or visit<br />
us online at www.wsrca.com,<br />
or using the Library Order<br />
Form on p.10<br />
ATTENTION<br />
MEMBERS<br />
The Low-Slope<br />
Maintenance Pamphlet is now<br />
available for downloading<br />
from the WSRCA Member’s<br />
Clubhouse. This is a great<br />
“Leave Behind” to hand your<br />
low-slope customers letting<br />
them know how to best keep<br />
potential problems at bay<br />
and extend the life of their<br />
new roof system!<br />
WSRCA Above-Grade & Below-Grade<br />
Waterproofing Manuals:<br />
SPECIAL PRICE:<br />
$150.00<br />
15