18.11.2014 Views

Voice West - Western States Roofing Contractors Association

Voice West - Western States Roofing Contractors Association

Voice West - Western States Roofing Contractors Association

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

<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

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!