Open Source Construction Contracts

Are you tired of the existing methods for getting a construction contract drafted, negotiated, finalized and signed? So are we. And we think we have a solution. 

What is Open Source? 

Open Source is a development model that promotes universal access via a free license to a product's design or blueprint, and universal redistribution of that design or blueprint, including subsequent improvements to it by anyone.

Did you ever see the game show Who Wants To Be a Millionaire?" Remember how when the contestant would "Ask the Audience," the audience was almost always right? The cleverest among us have known for a long time that "Everybody is smarter than anybody." Open Source is a technology-enabled way for us to take advantage of the wisdom of the crowd. 

Probably the most commonly used and known Open Source body of material is Wikipedia: The Free Encyclopedia. There have been many research studies that have verified that the content is equally reliable as other scholarly sources such as Encyclopedia Britannica. 

Why Should I Care About Open Source Contracts? 

I think the industry standard contracts that we are all using now are terribly flawed. And they are expensive. And they are cumbersome. Since Everybody is smarter than anybody, we should all get together and write a great contract. Then we can all use it on our client's behalf, for free.

In addition to a place where we can all contribute a small amount of time and get the HUGE reward of a really good construction agreement, we will also have training modules and recommendations showing how to use these awesome documents. Maybe we will even host open training forums, seminars, and webinars that will count toward continuing education requirements! 

Just imagine: Someday the Contracting 101 family of open source construction documents might be more popular than the standard form agreements that are so widely used today! You could be one of the founding members of a movement that improves contracting henceforth and forever more! 

What's Happening at Contracting 101.com?

We are getting smart people together to draft and continuously improve a family of inter-connected construction contract documents. 

These documents might include: 

1. Owner-Owner's Representative (CM) Agreement

2. Owner-Designer Agreement

3. Owner-Prime Contractor Agreement & General Conditions

4. Owner-Prime Contractor Change Order

5. Owner Purchase Order (For purchase directly by Owner)

6. Contractor-Subcontractor Agreement

7. Contractor-Subcontractor Change Order

8. Purchase Order

9. Payment Application

How Do I Get Involved?

At this point, all you have to do is tell someone at PFCS that you want to be involved, and poof! You're involved. We will maintain a list of people who want to be involved and we will send update messages from time to time. 

Next Actions

1. DONE Setup documents for electronic collaboration (probably Google Docs and Sheets)

2. IN PROCESS Collect and organize what other industry standard documents (AIA, AGC, Etc.) have to say on these key subjects (sections and clauses).

3. IN PROCESS Get a diverse team of collaborators together including property owners & managers, developers & contractors, product manufacturers & suppliers, insurers and lawyers.

4. Outline the first document to identify all sections and clauses.

5. Make another draft of the list of documents that will be included in this family of construction documents.

6. Start writing our own clauses.

7. Make a more detailed plan :)

8. Publish our first draft document for use.

CAI - Orange County Symposium & Expo 6/30/2016

On June 30th, 2016, the Orange County chapter of CAI hosted a symposium & expo from 2:00 - 7:30 p.m. at the Irvine Marriott. As part of this event, there were multiple panels talking about a variety of topics. We submitted a proposal to be one of the panels, and they selected us!

Panel Members

• Pete Fowler, President of PFCS

• Bobby Ameen, President of 24-hr Restoration Services

• Lesley Millender-Irwin, PCAM, General Manager at Seabreeze Management

Pete Fowler, Lesley Millender-Irwin & Bobby Ameen

Prioritizing Maintenance & Repairs On A Limited Budget

Whether you have a limited budget or not, you should always make decisions about property maintenance, improvements and repairs with two ideas in mind: (1.) Lifetime costs and (2.) costs versus benefits. If you perform work (spend maintenance dollars) too early, you will be spending more money over time. But if you spend too late (deferred maintenance), then damage can cause costs to escalate. We will discuss a framework for making smart long-term, cost-benefit decisions about building and property maintenance, repairs and improvements. Pete has given various programs on this and closely related subjects on numerous occasions as webinars and seminars, including for CAI Portland and CAI National (in San Diego).

The event was a major success! And if you ever want to have this program sent to you, let us know!

Resources

Click here for a PDF version of this program.

Google Mapping Made Easy

Google Maps provides a wide variety of functions for its users that go well beyond generating directions to and from the airport. In our office, many of our projects concern more than one location or address. “My Maps” from Google now allows you to map all of these locations in a super easy way.

One Minute Summary

Say you have a spreadsheet with a list of 50 addresses all in the same project and you would like to map these locations on the same map. Here’s a quick How-To: 

1.       Open “My Maps” in Google. You can do this by logging into Google, going to Google Maps and clicking on “My Maps” in the drop-down on the left of your screen.

2.       Click “Create a new map” or open an existing one.

2.      To upload a spreadsheet that contains your list of addresses, click “Import” in the box in the upper left hand corner. 

3.      Google will ask you to choose the column in your spreadsheet that identifies the placemarks (addresses) as shown below.  An identical box will open next prompting you to choose the column that identifies the information you want to label these placemarks. 

NOTE: Your spreadsheet can only have one row of headings. Abbreviations including Dr, Ave, and St will generally not work. You must spell them out

4.       Once the information has populated, you may format the markers on the map by color or object.

5.       To add a second layer to the map, select “Add a Layer.”

6.       Now you can select a specific address to stand out or add another spreadsheet of data.

Why We Care

Being able to instantly view a map of two, 12, 35 or 50 locations will not only save an enormous amount of time, it visually scouts an area of interest and can be easily enhanced to meet your specific criteria.

Gin Blossoms 3/5/2016

When

On Saturday, March 5th, Pete Fowler and friends will be spending the night with the Gin Blossoms at the Canyon Club in Agoura Hills.

Summary

Formed in the late 80's in Tempe, Arizona, the Gin Blossoms rose to fame after the release of their first full-length album New Miserable Experience in 92', which spawned the classic 90's hits "Hey Jealousy" and "Found Out About You". The album went on to become certified platinum four times. After their new-found success, they provided another hit, "Until I Hear It From You", for the soundtrack to the cult-comedy film Empire Records. The release of their second album, Congratulations I'm Sorry, yielded yet another top-ten hit, "Follow You Down", but the band broke up shortly after the album was released, and would spend the next five years on hiatus.

In 2002, the band reunited and have been touring ever since, also releasing two more albums in 2006 and 2010.  So, if you're into that 90's non-grungy alternative sound,  come join us for a night of nostalgia!

"Service Through Structure" by by Paul Eldrenkamp

In 2005, Paul Eldrenkamp's article "Service Through Structure" was published in the Journal of Light Construction. This is one of Pete Fowler's favorite articles of all time. The concepts and ideas that he wrote about are timeless wisdom for managing construction and expectations.

Summary

For many contractors total customer satisfaction is the goal. But when it comes to construction, a client-controlled project is almost always a doomed project — not because the client is a control-freak, but because the client is not the professional. The contractor is. Thus the contractor should learn how to strike a balance by maintaining control of the project and producing something the client is satisfied with.

There are two main ways a contractor can lose control over the project. One is by not taking charge themselves at the beginning. Being disorganized and unresponsive creates a vacuum of leadership, and the client rushes to fill that void.

The second is by being too responsive — wanting to “wow” the customer by bending over backwards with an extremely high level of service. Everyone, including the client, ultimately suffers from this anything-goes environment on the job.

We need structure. And to create this structure, we need a good set of rules that are clearly communicated and gently, albeit firmly enforced. They will vary. Eldrenkamp’s rules are:

1. We’ll do nothing illegal.

2. We’ll start only when we’re ready to finish.

3. If asked to do more, we’ll charge more and take longer.

4. Our strength is our team.

Whatever our rules are, they should be easy to remember, beneficial to all, and heartfelt—born of experience.

Why We Care

This is one of Pete Fowler's favorite articles, and he wishes he had written it. Pete's personal experience is that this lesson extrapolates to circumstances outside construction projects. Construction projects need leadership because they are executed by and for people. In any situation with groups of people working together, an absence of leadership always causes problems. Leadership means sometimes disappointing people. Clients are people and their expectations always need to be managed.

Paul Stanley's Soul Station 2/26/2016

When

On Friday, February 26th, Pete Fowler and friends had a suite at The Coach House in San Juan Capistrano to enjoy a night of music by Paul Stanley's Soul Station.

Summary

For more than 30 years, Paul Stanley has reigned supreme as one of the single-most recognizable front men in the history of rock and roll. Although preferring to live his off stage life out of the media spotlight he continues to be the chief songwriter, driving force and unwavering voice of KISS. A visionary and trendsetter since the early 1970s, Stanley’s passion for both the musical and visual arts has perhaps been the key to the astonishing ongoing worldwide phenomenon known as KISS.

Paul has begun a surprising new gig: soul singer. His new side group, Soul Station, plays a mix of sixties and seventies soul classics, "I don't play guitar in the band and we don't do a single Kiss song," Stanley said in a statement. "That's not what this is about."

The Kiss vocalist's nine-person Soul Station backing band consists of musicians who have played with artists ranging from Christina Aguilera to Bobby Brown. Its drummer, Eric Singer, also plays with Stanley in Kiss. The group will play a mix of songs by the Stylistics, Dramatics, Temptations, Smokey and the Miracles and Blue Magic, among others. Their repertoire includes the Miracles' "Ooo Baby Baby," the Temptations' "Just My Imagination" and the Stylistics' "You Are My Everything."

Over the last 30 years Stanley has channeled his musical vision designing and developing signature musical instruments including guitars that continue to be marketed by numerous musical instrument companies with sales now standing at well over $20 million.

Pictures from the Show

2016 International Builders Show

What Is It?

The NAHB International Builders Show (IBS) is the largest annual light construction show in the world, attracting more than 50,000 visitors from more than one hundred countries.

• Dates: January 19-21

• Location: Las Vegas Convention Center

Why?

Key Questions

My Key Questions for the 2016 International Builders Show in Vegas:

• Who has come the closest to a 6D BIM project? (see PFCS blog on BIM)

• Who has the best off the shelf details and specifications for standard building assemblies like roofs, rain screen exterior walls, and decks?

• Who has the best technical support for product specifications for roofing, waterproofing, and paint?

• Who do I compete with, that is doing awesome work, that I should learn from?

• Who do I NOT compete with, that is doing awesome work, that I should learn from?

• Net zero? Really? Who is the smartest guy in the room on this one?

Who Needs a Contractors License? Everyone, It Appears... Well, not quite.

Surprise! You're a contractor!!

Yes, you Mr. Interior Designer. And you too Ms. Community Manager... Wait... The community managers were saved by an exclusion added after the fact. 

In 2012 California Assembly Bill 2237 turned anyone who oversees bids for construction, on behalf of homeowners, is a contractor, and requires them to obtain a license with the CA Contractors State License Board. Then, in 2013 CA Senate Bill No. 822 clarified the term "Contractor" and "Consultant" to NOT include community managers. But the language of California Business & Professions Code Section 7026.1 remains pretty broad. 

---

The Law

CA B&B Code Section 7026.1.

(a) The term "contractor" includes all of the following:

...

 (2) (A) Any person, consultant to an owner-builder, firm,
association, organization, partnership, business trust, corporation,
or company, who or which undertakes, offers to undertake, purports to
have the capacity to undertake, or submits a bid to construct any
building or home improvement project, or part thereof.
 (B) For purposes of this paragraph, a consultant is a person,
other than a public agency or an owner of privately owned real
property to be improved, who meets either of the following criteria
as it relates to work performed pursuant to a home improvement
contract as defined in Section 7151.2:
 (i) Provides or oversees a bid for a construction project.
 (ii) Arranges for and sets up work schedules for contractors and
subcontractors and maintains oversight of a construction project.

...

 (b) The term "contractor" or "consultant" does not include a
common interest development manager, as defined in Section 11501, and
a common interest development manager is not required to have a
contractor's license when performing management services, as defined
in subdivision (d) of Section 11500.

---

Why We Care

Lots of people engage in activities related to contracting. Many are nice people with good intentions, just trying to make a living. But because they are not educated, licensed or registered and regulated after having undergone a rigorous process of verifying they have the appropriate professional knowledge and level of skill, they inadvertently cause harm to their clients. 

Construction management is hard and it’s complex. Construction management is a professional discipline that should be regulated like architecture, engineering, or even cosmetology; but it’s not. This lack of recognition, that there is a set of well-defined construction management principles, leads property owners and managers to try to save money by managing complex projects themselves. Our experience is that for maintenance, improvement or repair projects that cost $50,000 or more, our professional construction management services are cost-neutral. For projects of $100,000 or more, well-executed construction management services are a cost saver. So technically, these services can be FREE, plus a profit (I'm only half-joking)! In addition to the economics, these services create the closest thing to a guarantee of success that the construction industry can offer. 

Super Diamond 4/1/2016

What!? 

On April Fool's Day, PFCS and friends will be rocking to Super Diamond — The World Famous Neil Diamond Tribute Band, at The Coach House in San Juan Capistano, CA.

Check out their promotional video here. 

Why

Super Diamond delivers a glittering, smoke-filled show performing Neil Diamond’s power ballads and up-tempo hits with unrestrained enthusiasm. The show is pure entertainment - classic music combined with fun, energy and passion - creating nostalgia for the good old days and excitement for today's generation.

Super Diamond has generated an exuberant audience response previously unheard of for a tribute band. Many would say that Super Diamond has transcended the label of "tribute band" by passionately immersing themselves in Neil Diamond's huge repertoire and delivering a high-octane show of unforgettable classics such as Cracklin’ Rosie, Sweet Caroline, Forever in Blue Jeans and many others.

Front man The Surreal Neil, Randy Cordeiro, astonishes audiences with his live interpretation of the "Real Neil". Randy created the charismatic character when he discovered he had the uncanny ability to capture not only Neil Diamond's voice, but also his mannerisms and performance style.

Super Diamond has caught the attention of major media publications such as Rolling Stone Magazine, Spin Magazine, New York Times, San Francisco Chronicle, Washington Post and LA Times. The band has been featured on CNN, Fox News, MSNBC, Comedy Central and interviewed for VH1's Behind the Music-Neil Diamond Episode. 

California's 2015 SB 655 Housing Standards: Mold

Summary

California's SB 655, passed in 2015, is an act to add Section 1941.7 to the Civil Code, and to amend Sections 17920 and 17920.3 of the Health and Safety Code, relating to housing standards, specifically dealing with the presence of mold in buildings.

Ranjan Lahiri of Wood, Smith, Henning & Berman is a great lawyer and a client who wrote an excellent summary and analysis of SB 655: GOVERNOR APPROVES BILL THAT ADDS MOLD TO LIST OF UNINHABITABLE CONDITIONS by Ranjan Lahiri. Ranjan writes:

"... the bill adds mold to the list of substandard housing conditions and gives local enforcement agencies specific authority to address mold complaints...

... a landlord does not have a duty to inspect or repair conditions of mold until he or she receives notice...

...a building is deemed substandard if there exists "visible mold" ... gives a code enforcement officer the authority to declare a rental unit substandard based on the existence of mold...

... the addition of mold to the list of substandard conditions will make it easier for claimants to establish a prima facia habitability claim based on conditions of mold. However, SB-655 does provide some benefits for defense counsel who defend landlord/tenant mold claims. In many instances, tenants fail to report conditions of mold to their landlord and retain possession of their units while their legal counsel investigate and test the unit to prove up a mold exposure claim. SB-655 clarifies that a landlord's duty to inspect or repair conditions of mold does not arise until the landlord is given notice of the condition by the tenant or the landlord has notice that the tenant is not maintaining the unit. Furthermore, by clarifying that mold can be considered an uninhabitable condition, landlords will be able to better understand their potential liability for visible mold in a unit and be able to take proactive steps to inspect and repair any such conditions."

Resources

(Search "ca sb 655 2015")

1. Legislative Info

2. Text of the Law

3. Text of the Law

4. Analysis & Comments

5. Bill Documents

6. Senate and Assembly Voting History

7. CA Healthy Housing Coalition

8. Legislative Tracking

9. Solano Public Health - Includes A Good Quick Summary:
   Summary: Provides that a building lessor is not obligated to repair a dilapidation relating to mold until he or she has notice of it, or the tenant is in violation. Authorizes a landlord to enter a dwelling to repair dilapidation under specified conditions. Specifies visible or otherwise demonstrable mold growth, excepting mold that is minor and found on surfaces that can accumulate moisture as part of their proper and intended use, is a type of inadequate sanitation and a substandard condition. Defines mold.

10. San Diego Apartment Association Update

The Best Books I Read in 2015 by Bill Gates

Article of the Week

In a December 2015 posting of Gatesnotes; The Blog of Bill Gates, he personally summarized the six books that he considered the best he read during the year. And there's even a video! 

One Minute Summary

The Road to Character by David Brooks. This New York Times columnist examines the contrasting values that motivate all of us; the traits that lead to external success and the traits that lead to internal peace of mind.

The Explainer: Complicated Stuff in Simple Words by Randall Monroe. Using only the 1,000 most common words in the English language, Mr. Monroe explains various subjects. This is a brilliant concept, because if you can’t explain something simply, you don’t really understand it.

Being Nixon: A Man Divided by Evan Thomas. Journalist Evan Thomas writes a more balanced account of Richard Nixon and gives you a sharp insight into the inner workings of a brilliant, flawed and conflicted man.

Sustainable Materials With Both Eyes Open by Julian M. Allwood, Jonathan M. Cullen, et al. These authors look closely at the materials that humans use most, with particular emphasis on steel and aluminum, and show how we could cut emissions by up to 50% without asking people to make big sacrifices.

Eradication: Ridding the World of Diseases Forever? by Nancy Leys Stepan. Stepan’s history of eradication efforts provide a clearer sense of how we can use the lessons of the past to guide future efforts to save lives.

Mindset: The New Psychology of Success by Carol S. Dweck. Through clever research studies and engaging writing, Dweck illuminates how our beliefs about our capabilities exert tremendous influence on how we learn and which paths we take in life. 

Why We Care

Bill Gates is (A.) one of the richest and most successful men in the world and (B.) known to be a voracious reader. So when he takes his valuable time to summarize the books he says are the best he read all year, everyone with a brain should sit up and listen. These books touch on “how things work,” the physical world, and offer insight into the human condition. And these are all things we are interested in. 

Mold Management Method

Mold Management Method

What To Do When You Have A Building Leak

What To Do

With the passage of California's 2015 SB 655 "Housing Standards: Mold" it's become more important than ever that when you have a building leak, you should always apply the  Mold Management Method.

If you don't have time or feel like you might not have the expertise for this, just contact us. We can implement this for you.

What It Is

The Mold Management Method was developed from 2002-2004 at the height of the "mold is gold" craze. The Mold Management Method is a quality control checklist for situations where building leakage has caused, or has the potential to cause, mold growth. This checklist was put together and used in multiple technical symposia, sponsored by the National Institute of Building Sciences (NIBS), as a framework to teach the nation's building professionals how to deal with water damage situations where mold was present or possible.

Why Use It

If you have an active leak, the actions you take can either solve the problem permanently and for a reasonable price, or make it even worse and more expensive. The goal is to operate at the highest level of professionalism. Using the Mold Management Method as a checklist will allow you to avoid liability if there is a "PHASE V - DISPUTE RESOLUTION," by (1.) not causing more problems, (2.) solving the problem as quickly and inexpensively as possible, and (3.) professionally documenting your process. As we all know, sometimes expensive building leaks are caused by someone other than the property owner. Applying the steps in Phases I-IV of the Mold Management Method will naturally create a collection of evidence that will aid in proving a case against the responsible parties. That way, those responsible parties (or their insurance companies) will more readily accept responsibility for the economic damages incurred. 

How To Use It

When the phone rings (this is your "Phase I item A. Notice"), start taking notes. Get all of the key information (8 W's): Who, what, when, where, why, how, how much, how many... Does the occupant or person notifying you have photos? If No, then why not!? Then, start down the checklist to make sure you operate at the highest level of professionalism. And keep some kind of journal that shows you hit all the points in the method.

The Mold Management Method: Summary

Phase I - Event

• A. Notice

• B. Emergency Repairs

• C. Initial Investigation

• D. Documentation of Conditions and Activities

• E. Report Generation - Initial

Phase II - Detailed Investigation

• A. Notification of / Communication with Applicable Parties

• B. Testing / Sampling

• C. Identify Source(s)

• D. Analysis & Report Generation (Repair Plans)

• E. Analysis & Report Generation (Abatement Plans)

Phase III - Remediation

• A. Planning and Coordination of Remediation (Budget, Schedule, & Contract)

• B. Notification of Applicable Parties

• C. Relocation

• D. Repair of Source

• E. Abatement

• F. Clearance & Testing

• G. Restoration of Construction Assemblies

• H. Re-Occupy Space

Phase IV - Evaluation

• A. Updated Reports

• B. Updated Cost Summaries

• C. Subrogation Analysis

• D. Maintenance Recommendations

Phase V - Dispute Resolution

Pre-Litigation

• A. Evaluate Bodily Injury

• B. Analyze Insurance

• C. Allocate Responsibility

• D. Negotiation

Litigation

• E. Expert Meetings

• F. Allocate Responsibility (again)

• G. Mediation

• H. Deposition Preparation

• I. Depositions

• J. Trial Preparation

• K. Trial

• L. Appeals

• M. Settlement

PFCS Mold Management Resources

• Mold Management Method: PFCS' 1-page quality control checklist for the professional handling of a building water intrusion event.

• Mold Management

• Dangers of Mold

• Mold Management: What Have We Learned

Other Moisture and Mold Resources

• Mold and Moisture Dynamics in the Whole Building Design Guide

• Environmental Protection Agency (EPA) Indoor Air Quality (IAQ)

2016 Webinar Topics

"You guys without a doubt are the best in the biz with these webinars. Truly professional presentations that I can apply what I learn." -Senior Claims Technical Specialist for a Major Insurance Company

The Winners Are! 2016 Webinar Calendar

• 1/27/2016 Webinar: Landlord-Tenant Disputes by Pete Fowler & Paul Viau

• 2/16/2016 Allocation of Responsibility of Construction Defects by Pete Fowler & Mike Villalba

• 3/16/2016 Expert Qualification, Designation, & Declarations by Pete Fowler & Paul Kushner

• 4/14/2016 SB800 - CA Builders Right to Repair

• 5/31/2016 Document Management for Construction & Claims

• 6/21/2016 Analyzing Construction Defects by Alex Prokop

• 7/20/2016 Adjacent Property Disputes

• 8/18/2016 Mechanical Construction Defects by Matthew Philippe

• 9/13/2016 Evaluating Water Leakage of Buildings by Alex Prokop

• 10/19/2016 Terminating a Construction Project Before Completion: Dos, Don'ts, Claims & Litigation

• 11/10/2016 Understanding & Evaluating Construction Estimates by Jordan Scott & Mike Villalba

• 12/8/2016 Window & Door Installation by Alex Prokop & Mike Maples

Also see our PFCS Events page for a list of our 2016 webinars with registration instructions. 

The Survey

We host a monthly one-hour webinar series covering a wide variety of construction, insurance and legal industry topics. This year, we conducted a survey to find out your favorites from the past, interest for future programs we planned, and suggestions for programs that we haven't thought of yet.

Below is a complete list of all our presentations, broken into five categories. Below that is a list of "Old Favorites" (most popular), Key Learning (most important to us), and the list potential topics we considered covering this year.

The results are in! We published the webinar schedule for 2016 in January, and we are really excited about the content. Thank you all for the help in deciding. 

PFCS Complete Seminar List

Building Inspection & Evaluation

• Building Inspection & Evaluation (Property Condition Assessment w- E2018)

• Building Leakage Evaluation (Evaluating Water Leakage of Buildings ASTM E2128)

• Building Lifecycle Management

• Building Performance Evaluation & Budgeting 101 - Analyzing and Monetizing Defects

• Building Performance, Inspection & Testing

• Building Wall Inspection & Testing

• Mold Management

• Prioritizing Maintenance & Repairs on a Limited Budget was Deferred Maintenance

• Quality Control for Construction Maintenance, Repairs & Improvements

• Specifying Building Construction, Maintenance, Repairs & Improvements

Construction Claims

• Construction Claims Management

• Expert Witness Success

• Managing Expert Work and Costs

• Slip, Trip & Fall Analysis

• Trial Presentations

Construction Defect Litigation

• Allocation of Responsibility of Construction Defects

• Analyzing Construction Defects

• CD from the Plaintiff Perspective

• CD from the Developer & GC Perspective

• CD from the Cross-Defendant & Third-Party Perspective

• Common Construction Defects

• Construction Defect Life-Cycle

• Fire Resistive Assemblies

• Management of Construction Defect Claims (CALPASC)

• Random Selection & Extrapolation

• SB800 - CA Builders Right to Repair

Construction Fundamentals

• Building Codes & Standards

• Building Wall Design and Construction

• Building Walls - Stucco, Siding & Masonry

• Construction 101

• Construction Document Literacy

• Foundation Construction and Defects was Residential Foundation Systems

• Masonry Veneer

• Plan Reading

• Reading Plat Maps

• Roof Construction & Defects

• Structural Wood Framing and Defects was Residential Wood Framing

• Tile & Stone Installation

• Window & Door Installation

Construction Management

• Budgeting & Estimating Construction, Building and Property Maintenance, Repairs & Improvements

• Contracting 101

• Construction Contracts, Risks & Insurance

• Management 101

• Managing Construction, Building and Property Maintenance, Repair & Improvements

• Project Planning & Management

Special Collection: Building Lifecycle Management (BLM) Series

All of these programs are also in the section above.

• Budgeting & Estimating Building Maintenance, Repairs & Improvements

• Building Inspection & Evaluation (Property Condition Assessment w- E2018)

• Building Leakage Evaluation (Evaluating Water Leakage of Buildings ASTM E2128)

• Building Lifecycle Management

• Building Performance Evaluation & Budgeting 101

• Managing Construction, Building and Property Maintenance, Repair & Improvements

• Prioritizing Maintenance & Repairs on a Limited Budget was Deferred Maintenance

• Quality Control for Construction Maintenance, Repairs & Improvements

• Specifying Building Construction, Maintenance, Repairs & Improvements

---

Old Favorites (Most Popular Programs Ever)

1. Allocation of Responsibility of Construction Defects

2. Analyzing Construction Defects

3. Building Leakage Evaluation

4. Common Construction Defects

5. Construction Claims Management

6. Construction Contracts, Risks, & Insurance

7. Contracting 101

8. Random Selection and Extrapolation of Construction Defects

9. Roof Construction & Defects

10. Window & Door Installation

Potential New Seminar/Webinar List

• Adjacent Property Disputes

• Building Insurance, Inspections and Quality: Closing the Loop

• Construction Site Safety/Accidents

• Document Management for Construction & Claims

• Expert Qualification, Designation, & Declarations

• Flooring Issues

• "Open Source" Contracts for Construction, Maintenance, Repairs & Improvements: Contracting with Architects, Engineers, Construction Managers, General Contractors, Trade or Subcontractors, and Suppliers

• Terminating a Construction Project Before Completion: Dos, Don'ts, Claims & Litigation

• Understanding & Evaluating Construction Estimates

Key Learning

1. Building Performance Evaluation & Budgeting 101 - Analyzing and Monetizing Defects

2. Building Inspection & Evaluation (Property Condition Assessment w- E2018)

3. Project Planning & Management

4. Building Leakage Evaluation (Evaluating Water Leakage of Buildings ASTM E2128)

5. Analyzing Construction Defects

6. Budgeting & Estimating Building Maintenance, Repairs & Improvements

7. Managing Construction, Building and Property Maintenance, Repair & Improvements

8. Contracting 101

9. Allocation of Responsibility of Construction Defects

10. Building Lifecycle Management

11. Construction Document Literacy

12. SB800 - CA Builders Right to Repair

13. Random Selection & Extrapolation

14. Expert Witness Success

Happy Holidays!

2015 has been a spectacular year.  We've grown our team of experts and staff, we've worked hard on your projects and case work and we've made great strides in improving the processes and systems that we use to deliver that work to you.  From all of us at PFCS, we offer you a little holiday tribute.

We'd love to hear from you about what you're up to this holiday, either what you're drinking, your toasts to the new year, or where you'll be enjoying the festivities. Comment on this blog for more holiday happenings.

---

A Toast to You...

Get started now for a round of Sun Liquor Egg Nog, which our Information Technology department (Dylan Markow works remotely from Dallas, Texas) prepares around Thanksgiving (the Seattle Times recipe suggests aging the holiday cocktail one month in advance), to enjoy on Christmas.

Then move onto one of Pete's favorite drinks, the Manhattan:

3/4 oz sweet vermouth
2 1/2 oz bourbon whiskey
1 dash Angostura® bitters
1 maraschino cherry
1 twist orange peel

Combine the vermouth, bourbon whiskey, and bitters with 2 - 3 ice cubes in a mixing glass. Stir gently, don't bruise the spirits and cloud the drink. Place the cherry in a chilled cocktail glass and strain the whiskey mixture over the cherry. Rub the cut edge of the orange peel over the rim of the glass and twist it over the drink to release the oils but don't drop it in.

---

Under the Tree

"I will be literally “Rocking around the Christmas Tree” this year.  Santa is bringing my daughter a mini Torino Red Stratocaster guitar and Daddy a new amp.  We’ll be cranking it up! Wishing you all a Merry Christmas and Happy Boxing Day. Go Spurs!"

Paul Kushner - Architect

---

Cheers and Be Merry!

May your troubles be less,
And your blessing be more.
And nothing but happiness,
Come through your door.

"An Irish Toast – don’t have any Irish in me but I love their toasts."
- Gabriella Wittenberg - Project Manager

"Gratitude shouldn’t be an occasional incident but a continuous attitude."
- Sheila Comparan - Information Gatekeeper

---

O'er the hills we go!

"In New Year's Eve's past, I've been in Times Square for the big ball-drop. And I've danced in the new year at the Nines Hotel in Portland. And this year I'll be rockin' the Hard Rock Hotel in downtown San Diego. Maybe I'll see you there. Cheers and all the best for 2016."

Pete Fowler - President

"For the Holidays, I will be heading up to Redding, California to visit my family. Friday we will celebrate Christmas morning at my parent's house and proceed to house hopping / crashing other Christmas parties until we end up at my grandparents' house for dinner. On Saturday, I believe we are going out to dinner to celebrate all of our birthdays (myself, my brother, and my dad all have the same birthday and my mom the following day). On Sunday, I will sadly depart back to Southern California where Monday morning shenanigans at PFCS will be waiting for me.  No New Year's Eve plans just yet!" 

Chase Henry - Project Coordinator

"Gather up your imperial forces, Christmas comes early this year for fans of the George Lucas mega-franchise that is Star Wars.  For any science fiction fan, nerd or child of the 70s/80s, the anticipation is exciting to say the least.  I'll be filling my flask with whiskey and lining up for the Star Wars movie marathon (7 films) punctuated with the new release of The Force Awakens.  I'll be dusting my action figure collection with glee this holiday, and maybe heading back to the theater for repeat viewings."

Whitney Woolf - Operations Manager

---

Gridiron Greetings

Project Coordinator Carolyn Des Jardin has had a stranglehold on the PFCS League of Awesome since Week 1 of the fantasy football season.  As we cruise into the playoffs will she emerge the victor?  For those partaking in the pigskin this season, good luck to your team, and we're all tuned in to see what happens in the NFL this holiday and into the post-season.

Sherlock Holmes Quotes For Our Business

I was putting together a new webinar called Slip, Trip & Fall Analysis for delivery on 12/17/2015, and thought a couple Sherlock Holmes quotes would be nice. So, as I often do, I turned to "The Google." Google led me to another one of my favorites, Wikipedia, which had a great Sherlock Holmes page with a bunch of great quotes. So many of these quotes are remarkably applicable to the work that we do, including the building inspection and construction management services that we call Building Lifecycle Management (BLM), as well as our Construction Claims & Litigation work. 

Here are the 7 quotes that landed on the section-transition slides in our Slip, Trip & Fall Analysis seminar: 

• 1. INTRODUCTION: "Things must be done decently and in order." - Sherlock Holmes

• 2. METHOD: “To the logician all things should be seen exactly as they are, and to underestimate oneself is as much a departure from truth as to exaggerate one’s own powers.” - The Memoirs of Sherlock Holmes by Sir Arthur Conan Doyle

• 3. INVESTIGATION: “We approached the case, you remember, with an absolutely blank mind, which is always an advantage. We had formed no theories. We were simply there to observe and to draw inferences from our observations.” - Sherlock Holmes in The Adventure of The Cardboard Box

• 4. ANALYSIS: “It is a capital mistake to theorize before one has data. Insensibly one begins to twist facts to suit theories, instead of theories to suit facts.” - Sherlock Holmes

• 5. CONCLUSIONS: “It is of the highest importance in the art of detection to be able to recognize, out of a number of facts, which are incidental and which vital. Otherwise your energy and attention must be dissipated instead of being concentrated.” - Sherlock Holmes in The Reigate Puzzle, 1893

• 6. PRESENTATION: "Nothing clears up a case so much as stating it to another person." - Sherlock Holmes

• 7. CONCLUSION: “There is nothing more stimulating than a case where everything goes against you.” - Sherlock Holmes in The Hound of the Baskervilles

There were too many applicable and awesome Sherlock Holmes Quotes to use, so here's some more: 

• It is a capital mistake to theorize before you have all the evidence. It biases the judgment.

• It is a capital mistake to theorize in advance of the facts.

• Work is the best antidote to sorrow.

• One should always look for a possible alternative, and provide against it.

• In solving a problem of this sort, the grand thing is to be able to reason backward. That is a very useful accomplishment, and a very easy one, but people do not practice it much. In the everyday affairs of life it is more useful to reason forward, and so the other comes to be neglected. There are fifty who can reason synthetically for one who can reason analytically.

• I never guess. It is a shocking habit — destructive to the logical faculty.

• You know my methods. Apply them.

• How often have I said to you that when you have eliminated the impossible, whatever remains, however improbable, must be the truth?

• You see, but you do not observe. The distinction is clear.

• The little things are infinitely the most important.

• Never trust to general impressions, my boy, but concentrate yourself upon details.

• There is nothing more deceptive than an obvious fact.

• What one man can invent another can discover.

• We must look for consistency. Where there is a want of it we must suspect deception.

• We must not let him think that this agency is a home for the weak-minded.

Portland Metro HOA Lawyers

The generous community association industry speaks out! We work with a lot of homeowner associations, and we get people asking us for referrals regularly. So we asked the experts: Our clients and contacts. 

We sent the following e-mail out to our past and current clients in the Portland area: 

My HOA clients keep asking me for lawyer referrals so, similar to my email and "List of Statisticians" blog post from 2013, I am now asking for referrals to lawyers who have experience and interest in working with HOAs. I will gather the list and their contact information, and share it with everyone who contributes. Of course, I will identify those lawyers who were referred most often. 

These HOA clients of mine seem to be most interested in having a lawyer who is willing to think outside of a one-size-fits-all approach, is willing to push back against a "this is just how we do it around here" attitude, and helps by thinking about spending the HOAs hard-earned money as carefully as she would her own. Most of these HOA's are WAY past the time for construction defect litigation, so that expertise or specialty is of limited benefit to them. 

Thanks in advance for the help. 

The results were outstanding. Our clients & contacts responded with personal referrals to great attorneys they had worked with in the past. 

Here's a brief breakdown of our results: 

• 1,736 e-mails sent to our clients

• 35 responses

• 27 referrals

• 36 attorneys

• 13 with two or more recommendations

• 9 law firms

The most referred attorneys!

• Kathleen Profitt - Profitt Law (T: 503-908-1229 E: kathleen@profittlaw.com)

• Kenneth Kaufmann - Lovinger Kaufmann LLP (T: 503-595-1867 E: kaufmann@lklaw.com)

These attorneys received several referrals each: 

• Angela Bagby - Bagby Law Firm, LLC (T: 503-621-2774 E: angie@bagbylegal.com)

• Stuart Cohen - Landye Bennett Blumstein, LLP (T: 503-224-4100 E: scohen@lbblawyers.com)

• Kevin Eike - Aldrich Eike P.C. (T: 503-226-7045 E: kevin@aldrich-eike.com)

• Anthony Rafel - Rafel Law Group (T: 503-808-9960 E: arafel@rafellawgroup.com)

• Damon Henrie - Henrie & Smith, LLP (T: 503-593-8548 E: dhenrie@henriesmith.com)

These attorneys received more than one referral: 

• Dean Aldrich - Aldrich Eike P.C. (T: 503-226-7045 E: dean@aldrich-eike.com)

• David Bennett - Landye Bennett Blumstein, LLP (T: 503 224-4100 E: dbennett@lbblawyers.com)

• Frank Elsasser - Elsasser Law Office (T: 503-477-9116 E: frankelsasser@comcast.net)

• Jason Grosz - Vial Fotheringham, LLP (T: 503-684-4111 E: jlg@vf-law.com)

• James Guse - Barker Martin (T: 503-796-9806 E: jguse@barkermartin.com)

• Karna Gustafson - Landye Bennett Blumstein, LLP (T: 503 224-4100 E: kgustaf@lbblawyers.com)

These attorneys were referred by our contacts:

• Amanda Anderson - Barker Martin (T: 503-796-9806 E: aanderson@barkermartin.com)

• Lori DeDobbelaere - Heinson & DeDobbelaere, LLC (T: 503-479-6223 E: lori@heinsonlaw.com)

• Wallace Glausi - Ater Wynne, LLP (T: 503-226-1191 E: wag@aterwynne.com)

• Susan Glen - Dunn Carney Allen Higgins & Tongue, LLP (T: 503-224-6440 E: sglen@dunncarney.com)

• Andrew Hahs - Bittner & Hahs, P.C. (T: 503-445-4302 E: ahahs@bittner-hahs.com)

• Roger Harris - Harris Berne Christensen, LLP (T: 503-968-1475 E: roger@hbclawyers.com)

• Jason Hirshon - Slinde Nelson Stanford (T: 503-417-7777 E: jason@slindenelson.com)

• Darin Honn - Sussman Shank, LLP (T: 503-227-1111 E: dhonn@sussmanshank.com)

• Tom Johnson - Vial Fotheringham, LLP (T: 503-684-4111 E: tmj@vf-law.com)

• Crystal Lewis - Marsh, Higgins, Beaty & Hatch, P.C. (T: 360-695-7909 E: crystal_lewis@marsh-higgins.com)

• Matthew Lowe - Jordan Ramis, P.C., Attorneys at Law (T: 503-598-7070 E: matt.lowe@jordanramis.com)

• George Mead - Mead Smith Law Firm (T: 503-656-4550 E: Not Available)

• Robert Muth - Kilmer Voorhees & Laurick, P.C. (T: 503-224-0055 E: rmuth@kilmerlaw.com)

• Jim Prichard - Ball Janik, LLP (T: 503-228-2525 E: jprichard@balljanik.com)

• Stephen Russell - Landye Bennett Blumstein, LLP (T: 503 224-4100 E: srussell@lbblawyers.com)

• Melinda Samis - Arbor Vista (T: Not Available E: Not Available)

• Kyle Sturm - Ball Janik, LLP (T: 503-228-2525 E: ksturm@balljanik.com) - NOTE: Kyle has a specialty in insurance claims, so if you have any questions about whether or not your HOA issues or damage is (or should be) covered, give him a ring.

• Dan Thenell - Thenell Law Group (T: 503-372-6450 E: dan@thenelllawgroup.com)

• Joseph Tripi - Law Office of Joseph Tripi (T: 503-546-1505 E: joe@tripilaw.com)

• Michael Vial - Vial Fotheringham, LLP (T: 503-684-4111 E: mjv@vf-law.com)

• Peter Viteznik - Kilmer Voorhees & Laurick, P.C. (T: 503-224-0055 E: pviteznik@kilmerlaw.com)

• Dan Webert - Barker Martin (T: 503-796-9806 E: dwebert@barkermartin.com)

• Jacob Zahniser - Jordan Ramis, P.C., Attorneys at Law (T: 503-598-7070 E: jacob.zahniser@jordanramis.com)

• Dan Zimberoff - Barker Martin (T: 503-796-9806 E: dzimberoff@barkermartin.com)

The full list of law firm referrals:

CAI

• Byrne Law Office

• Frank Elsasser Law Firm

• Rafel Law Group

• Profitt Law, P.C.

OWCAM

• Bagby Law Firm, LLC

• Dunn Carney Allen Higgins and Tongue, LLP

• Karnopp Petersen, LLP

BOTH

• Ball Janik, LLP

• Landye Bennett Blumstein, LLP

INTERESTING CONVERSATIONS

Of course, any time one sends a message like this, interesting conversations are bound to happen. Here is the text of one of my exchanges that I liked:

If you will allow me a minute on my soapbox- Your email mentions a certain mentality that your HOA clients are looking to overcome. Some of the problem with the “this is how we always do it” mentality is that this same mentality is also pervasive among the attorneys who practice HOA law. There is a broad spectrum of legal, reasonable and effective HOA management and governance practices, but boards are often told it has to be done in a very narrow or specific way. 

I also believe the reason for this mentality is that for years and years very few owners have challenged HOAs in court. It’s expensive, and there has been a void of HOA attorneys who are willing to accept individual owners as clients. As a result, there is a feeling of invincibility that is pervasive in the Community Association trade. I represent individual owners as well as the Associations and I see it in every single case: I will send a demand letter or call the HOA’s attorney to make some reasonable requests (usually as simple as “please follow the law”) and the Board and the HOA always entrench because there is no way they could be doing anything wrong. And I believe they think this way because their attorneys are telling them they are untouchable. For example, some of these attorneys publish marketing materials and instructions for how to run an HOA in compliance with the law. Then, with a straight face these same attorneys will tell me their clients aren’t breaking the law when they fail to do even the most basic of Association functions – in direct contravention of the language of these marketing materials and instructions. Once they entrench, a discussion that should end with these attorneys saying, “you are right- my client should have a reserve study because that’s a legal requirement” turns into a protracted fight that ultimately runs the little guy out of the Association or out of money- which ever happens first. 

Finding an attorney who can help these communities- or individuals- for less than 300 dollars an hour, who understands HOA law and also has an appreciation of the financial, building science, non-profit corporation and political realities of HOA management and governance is difficult. But there are a handful of us out there. 

For what it’s worth. And, thanks. 

And my reply: 

You know the movies where there is a Pentecostal church and the parishioners are jumping up and down and sweating and screaming "Haliejua!" and "You preach it brother! Preach it!!"? Well I was one of the parishioners while reading your message ;-) 

Regards, 
Pete Fowler

2015 Construction Defects Seminar & Holiday Reception For ASCDC & CDCMA

On December 3rd, 2015, PFCS will be exhibiting at the 2015 Construction Defects Seminar for ASCDC & CDCMA in Costa Mesa, CA from 1:30-5:30 p.m.  Come visit our booth and get some face-to-face time with two of our consultants, Mike Villalba and Paul Kushner, and learn more about our construction defect litigation services!  Register now before it's too late!

Paul Kushner

Mike Villalba

Managing Construction Quality

Managing Construction Quality