Quarter 1

Voice West
Quarter 1: 2012
Volume 38, Issue 1
of
the
WHAT’S INSIDE?
Western States Roofing Contractors Association Newsletter
Bethlehem’s Nativity Church
to Get Overdue Roof Repairs
IN MEMORIAM:
Former WSRCA President
Ronald Haight, Haight Roofing
Company of Spokane, WA
In Memoriam: Former
WSRCA President Ron Haight,
Haight Roofing Company
Roofers, Carpenters At Risk
For Costliest Injuries From Falls
Santa Clara, CA Approves
$878M Construction Contract
for San Francisco 49ers Stadium
High School in Polson, MT
Deals With Leaky Roof
Roof Snow Load Begins to
Worry Anchorage, AK Building
Owners
Ronald L.
HAIGHT, age 54,
died February
12th, 2012, in a
sudden accident
at his home in
Spokane, WA.
While unloading
garden materials
from his truck,
he fell and hit his
head. After being
rushed to the hospital, he was in a coma for
several days and did not regain consciousness.
Ron was born September 18th, 1957 in Seattle,
WA to Leigh and Penny Haight. He graduated
from Woodway High School before starting his
long and successful career at the family
Bethlehem's Nativity Church to
Get Overdue Roof Repairs
Green Homes and Building
Currently a $17B Market
OneRoof Energy Adds SolarPower Savings to Homeowner
Roof Tiles
Burbank Residents Get
Breathing Room on Wood Roofs
Carlisle to Acquire Hertalan
Holding for $50M
Quick Thinking and CPR
Save Associate’s Life
Simpson Strong-Tie Offers
Truss Plates
Manville Muscles Up With
New EPDM Plant
WSRCA Board of Directors
WSRCA New Members
business, Haight Roofing Company, Inc.
Ron also served as the President of the
Western States Roofing Contractors Association from 2003-2004, and was active on the
WSRCA Board of Directors for many years.
Ron is survived by his wife Diane, his mother
Penny, children Jake Haight and Ricky (Kandice), Amanda, Alysia and Robby Krieger,
brothers Mike (Larinda), Gary (Linda), and sister Wendy (Todd). He was preceded in death
by his father, Leigh Haight.
His final days were spent surrounded by family and friends that Ron had touched in some
way throughout his memorable life. Ron's life
would seem too short to many, but those who
were touched by him understood that the
quality of existence exceeds the quantity of
time in which one lives.
His gentle smile, generous heart and strong
presence brought so much joy to his family
and friends.
•••••
can fall any time on tourists below, will cost
about $2 million and is expected to begin
next year after Easter.
Courtesy of: www.christianpost.com
The ancient Church of the Nativity, built
over the cave that is traditionally seen as the
birthplace of Jesus, in the West Bank town of
Bethlehem will finally get the long overdue
repairs that have thus far been hindered
by a longtime denominational rivalry over
the structure’s ownership. Even as the three
denominations – Roman Catholics, Greek
Orthodox and Armenian Orthodox, having
the joint control over the 1,500-year-old
church – have not been able to move forward
with renovations, the government has
taken the lead, Palestinian Tourism Minister
Khouloud Daibes said.
“Our president has issued a decree to restore
the roof and to prepare for the restoration of
the church on behalf of the three churches
and in coordination with the three churches,
which obviously cannot do it on their own,”
the minister said, according to Voice of
America. The urgently needed repair of the
leaking wooden roof, the iron beams of which
Church of the Nativity, Bethlehem
The overall renovation is estimated to cost
up to $15 million. While the government has
raised part of the amount, the rest will be
sought from the international community.
“The present state of the church is worrying,”
the Watch List said. “Many roof timbers are
rotting, and have not been replaced since the
19th century. The rainwater that seeps into
the building not only accelerates the rotting
of the wood and damages the structural
integrity of the building, but also damages
the 12th-century wall mosaics and paintings.
The influx of water also means that there is an
ever-present chance of an electrical fire.”
WESTERN STATES ROOFING CONTRACTORS ASSOCIATION
TPO ROOF MEMBRANE
REPAIR AND MAINTENANCE GUIDELINES
NOW AVAILABLE FOR PURCHASE
MEMBERS: $150
NON-MEMBERS: $200
The 2011 WSRCA TPO Roof Membrane Repair and Maintenance Guidelines
document has been assembled to provide roofing contractors, designers,
manufacturers, and owners with technical information regarding proper repair
and maintenance of in‐service TPO membrane roof systems applicable to the
geographic western region of the United States, served by Western States Roofing
Contractors Association (WSRCA).
VISIT US ONLINE OR CALL DIRECT TO PLACE AN ORDER
WEB: www.WSRCA.com
PHONE: 800.725.0333
EMAIL: info@wsrca.com
WESTERN STATES ROOFING CONTRACTORS ASSOCIATION
“The Voice of the Western Roofing and Waterproofing Industry”
OSHA SAFETY NEWS
Roofers, Carpenters At Risk For
Costliest Injuries From Falls
Falls from elevations by roofers cost an
average of $106,000 per claim while falls
by carpenters cost an average of $97,000
each. The numbers are included in a new
presentation from OSHA.
Courtesy Of: Risk and Insurance.com,
NRCA Smart Brief
Roofers, carpenters at risk for costliest
injuries from falls. Falls from elevations
by roofers cost an average of $106,000
per claim while falls by carpenters cost an
average of $97,000 each. The numbers are
included in a new presentation from OSHA.
The agency looked at data for injuries
resulting from falls from elevations in the
period of 2005 to 2007. It includes figures
from 38 states, comprising approximately
one-third of total workers' comp benefits.
confront serious workplace hazards,
according to OSHA. Among these workers,
falls from heights comprise significant
portions of injuries and costs. The
presentation includes these findings:
• The average cost of a fall from elevation
for occupational classifications excluding
roofers and carpenters was less than
$50,000.
• Among insured roofers for the three most
recent years available -- policy years
2005-07 -- in NCCI states, there were
reports of 1,511 fall or slip injuries from
elevations. The expected claims costs of
falls from elevation by insured roofers in
NCCI states averaged approximately $54
million per year.
Among insured employers in NCCI states
during 2005-07 falls from ladders or
scaffolds by roofers cost approximately $19
million per year while falls from ladders or
scaffolds by carpenters cost approximately
$64 million per year.
•••••
Roofing and carpentry workers regularly
Quick Thinking and CPR Save
Associate’s Life
When Anthony Dunkleberger learned CPR
(cardio-pulmonary resuscitation) in a high
school child development class, little did
he know that two years later he would put
those skills to work to save the life of a
fellow ABC Supply associate.
It was a typical job site delivery in late
September for the team from the San Jose,
Calif. branch (#094). Anthony, Rigoberto
(Rigo) Lopez and two other associates had
just finished unloading a pallet of TPO on
the roof of an apartment building when
suddenly Rigo stumbled and appeared to
faint.
“He fell right in front of me,” Anthony
recalled. “I caught him and said, ‘Are you
OK?’ But his eyes were rolled back in
his head. He had no pulse and he wasn’t
breathing.”
Anthony hesitated for a moment. This
was really serious; but he was new and
the youngest guy at the site. Was there
someone more senior who was going
to take charge? But in that moment, as
everyone stood frozen with shock, Anthony
laid Rigo down on the roof deck, shouted
for someone to call 911 and started CPR.
“I was really scared, but I gave Rigo CPR
until the paramedics arrived and took over,”
he said. “It was really intense and I kept
thinking ‘This can’t be happening.’”
“What Anthony did is awesome,” said
Branch Manager Don Oberg. “No matter
how much training a person has, only
certain people can step up to help. It’s scary
and it’s everything you think couldn’t
happen. Anthony is my hero because he
wasn’t afraid. He just stepped in and took
care of the situation.”
But he kept his emotions in check.
“Rigo’s brother works at the branch, too; I
kept thinking that I have two brothers and
I hope that somebody could help them if
something happened.”
Rigo was rushed to a nearby hospital where
he underwent emergency coronary double
bypass surgery. As of mid-November he was
still recuperating at home but very much
alive.
“I don't remember what happened,” Rigo
said. “But once I heard the story, I couldn’t
believe what Anthony had done. If it hadn’t
been for him, I don’t think the paramedics
would have been in time to save me. This
has totally changed me and I thank God
for a second chance. Thanks to God, to
Anthony, to the paramedics and to Good
Samaritan Hospital, this all worked out for
me to be alive and telling my story.”
3
Anthony’s quick thinking and lifesaving
actions highlight the importance of CPR
training. His efforts earned praise from the
paramedic unit that answered the call and
also resulted in an offer of free CPR training
for the entire branch team from the local
paramedic team. Don fully intends to take
them up on the offer in the near future.
ATTENTION CONTRACTORS!!!
Send your employees to the Safety Expo at
the Western Roofing Expo 2012 and have
them receive 3 certifications in one weekend
(or choose 1,2 or all 3)…Plus the opportunity
to experience the Sunday Welcoming
Reception, the Monday Tradeshow and
Monday seminars COMPLIMENTARY!!
• Basic Signal & Riggers Certification (6/23)
• Forklift Certification (6/24)
• CPR & First Aid Certification (6/24)
Visit www.WSRCA.com to REGISTER ONLINE
www.wsrca.com
Santa Clara Approves $878
Million Construction Contract
For Niners Stadium
OneRoof Energy Adds SolarPower Savings to Homeowner
Roof Tiles
Green Construction and
Building Currently a $17
Billion Market
Courtesy of: SanJoseMercuryNews.com
Courtesy of: BloombergNews.com
Courtesy of: McGraw-Hill Construction
SANTA CLARA, CALIFORNIA - In a widely
expected move, the Santa Clara Stadium
Authority has approved an $878 million
construction contract to build the new
San Francisco 49ers football stadium.
SAN DIEGO, CALIFORNIA - OneRoof
Energy, a closely held San Diego-based
solar company, will spend much of the $50
million acquired in its first funding round to
buy residential power systems for as many
as 1,200 homes.OneRoof’s solar panels can
double as roofing tiles while generating
electricity for the home. The company trains
workers to install the systems and then
leases them to homeowners at little to no
upfront cost, Chief Executive Officer David
Field said in a phone interview last week.
Green homes comprised 17%, or
$17 billion, of the overall residential
construction market in 2011, according to
new findings in the Green Home Builders
By a 5-1 vote Tuesday night, the stadium
authority -- composed of the seven City
Council members -- approved hiring TurnerDevcon to build the stadium, which is now
scheduled to be completed by the start
of the 2014 season.
Field is scheduled to appear with San
Diego Mayor Jerry Sanders to announce
OneRoof’s plans to add about 100 jobs this
year. Former California Governor Arnold
Schwarzenegger in 2004 called for the state
to have solar panels installed on a million
roofs by 2017. To spur demand for solar
power and other forms of clean power,
the U.S. Treasury Department offers a 30
percent tax credit for construction projects
using renewable energy. The subsidy is in
place until 2016.
Councilman Will Kennedy voted no, saying
he thought the authority should wait until
a legal challenge regarding a referendum
over a loan approval vote on the stadium is
settled. Councilwoman Jamie McLeod
was ill and not present at the meeting.
The authority also approved the hiring
of Hathaway Consulting as the project
manager.
Under the terms of the contract with TurnerDevon, construction on the 68,500-seat
stadium is scheduled to begin by July 1, six
months earlier than expected. The entire
project is projected to cost about $1 billion.
The deal includes large fines -- $6 million
per game -- if the stadium is not done by
the start of the 2014 football season. But
Turner-Devcon will receive a $5 million
bonus if the project is finished ahead of
schedule.
Turner Construction is a huge New York
City-based firm that has three Bay Area
offices, including one in San Jose. It has
worked on NFL stadium projects for the
Green Bay Packers, Kansas City Chiefs,
Denver Broncos and Philadelphia Eagles.
Devcon Construction is much smaller and
based in Milpitas.
www.wsrca.com
“One of the issues in the industry is that
there’s a pretty high consumer-acquisition
cost,” Nikhil Garg, a vice president at
Boston-based Black Coral Capital, said
yesterday.
Homebuilders want to work with OneRoof
because customers don’t have to pay
upfront for the technology and “now they’ll
use that money for upgraded counter tops
or for larger floor plans,” Field said. The
installations can cut monthly power bills
10 to 20 percent, Field said. OneRoof
is starting work on a second round of
funding and “expects to close that by the
middle part of this year,” Field said. Garg,
who declined to disclose the size of Black
Coral’s initial investment, said “we’re
going to be actively looking at it.”
4
and Remodelers Study by McGraw-Hill
Construction. Mc-Graw Hill predicts
green homes will gain market share over
the next few years to between 29-38%
of the market by 2016 — a market that
could equate to $87-114 billion by these
forecasts. Additionally, 34% of remodelers
expect to be doing mostly green work by
2016. Factors that contribute to the growth
of the green homes market include “higher
quality” and “increases in energy costs,”
while obstacles continue to be “higher
perceived first costs” and “lack of consumer
education.“ Builders guesstimate that
the premium to build green is about 7%,
according to McGraw-Hill Construction.
Areas with the highest growth in green
homes include, first, the West Coast,
second, the Midwest northern region west
of the Mississippi, and third, the New
England area.
Notwithstanding a brutal housing economy,
“green has grown significantly as a share of
activity— indicating that the green market
is becoming an important part of our overall
economic landscape,” said Harvey M.
Bernstein, VP of Industry Insights and
Alliances, McGraw-Hill Construction.
As the housing economy begins to,
perhaps, come back a little from recent
doldrums, 33% of builders and 22% of
remodelers expect to be dedicated to green
building work by 2016.
•••••
MONTANA NEWS
Polson High School Deals With
Leaky Roof
Courtesy of: www.LakeCountyLeader.com
POLSON, MONTANA — Polson High
School is dealing with heavy leaks from
its flat, foam-covered roof, but the current
economic climate may not allow for repairs
to be made to the 40-year-old building.
According to head custodian Gary Greiff,
the building’s roof has leaked for the past
14 years.
While the custodial staff has worked hard
to locate and seal the problem spots, Greiff
said the average lifespan of a flat roof in
Montana’s extreme weather is 20 to 25
years. Since Polson High School was built
in 1973, the roof has seen plenty of snow
and rain, but that isn’t the only thing that
mother nature is throwing at it.
“We spend a lot of time up there cleaning
it,” Greiff said. “Every year we seal it. But
the birds are the biggest problem; we seal
it and already there are new holes. You can
go up there right now and find seven
to eight new holes in the sealant. The birds
are eating the sealant on the roofing faster
than we can fix it.” Custodial staff members
set up fake owls and snakes on the roof
to scare the birds away and Greiff even
blocked off the birds’ nesting area on the
roof, but the winged menaces continue to
peck away.
While the roof is structurally sound, it is
leaking for a multitude of reasons. The foam
covering on the roof is uneven, allowing
water to pool and collect. The cement roof
has developed small cracks through the
years and the water is finding its way
through. Large snowpack in the winter and
intense rains in the spring continue to bring
precipitation.
“It’s probably worse when it snows. It’s just
sitting there,” PHS principal Rob Hankins
said. “We need community people to come
up here and see what’s happening. We’re
not making it up.”
The community did not pass a recent
school levy that would have funded
repairs, and Greiff and Hankins felt
that some people didn’t think the leaks
were happening. They also thought the
perception that it’s the “new high school”
hurt the cause for the levy, even though the
building was built nearly four decades ago.
“A lot of people don’t think it’s leaking,”
Greiff said. “But not many roofs last that
long, especially flat ones.” Custodial staff
set up buckets throughout the high school
at multiple leaking points. Greiff said one
such bucket collected as much as three to
four gallons of water a day, while others
leaked at a little slower rate.
There are numerous points in the high
school where the ceiling paneling was
taken down because of leaks.
There are numerous water stains on ceilings
and carpets. In the career center room,
computers were pulled away from the wall
because water is coming down from the
ceiling. While the situation isn’t dangerous,
it’s a problem that continues to plague the
high school.
During the Class A Speech and Debate state
meet in January, some community members
were embarrassed that buckets were strewn
about the high school to collect the leaking
water. “It needs work at some point,”
Hankins said. “It’s just trying to afford fixing
it. We don’t even have the funds to do the
repairs in sections. I’m just worried it will
get worse.”
•••••
5
Roofing Businesses Succeed
During Mild Winter
Courtesy of: www.NBCMontana.com
BOZEMAN, MONTANA -- The mild
winter has been tough on skiers, but some
businesses have benefited from the lack of
snow. Roofing companies across Bozeman
have been doing more business this winter.
"We've been able to do some special things
for a couple clients. We had one client that
needed extensive work, probably about a
two-month project that otherwise we would
have had to wait until spring. So we got
the opportunity to be able to provide
service for that client," said President of
All Seasons Roofing Inc., Duane Burchill.
Usually once the snow starts falling, roofing
projects are put on hold until spring, and
employees are let go for the season, but
they say this winter has been different.
"In a winter like this we were able to
approach some projects that otherwise we
would not have been able to do. It provided
us with a platform to be able to provide
other jobs for guys in the community too
that otherwise we would have probably
laid guys off," said Burchill. Burchill said his
company has kept forty percent more of its
workers on staff this season than it would
during a typical winter.
www.wsrca.com
Burbank Residents Get
Breathing Room on Wood Roof
Removals
Residents who have yet to comply with an
ordinance passed 20 years ago requiring
them to remove their wood roofs get a
two-year reprieve. Those with a 'roof-over'
receive an eight-year extension.
the city, but they disagree on the number of
roof-overs. Fire officials say there are
about 300, but real estate agents say that
number could be as high as 5,000. "We're
very concerned about seniors on a fixed
income, those who lost their jobs or
are greatly under-employed," said Linda
Barnes, a board member with the Burbank
Assn. of Realtors and one of many who
made their cases at a City Council meeting.
Roof Snow Load Begins to
Worry Anchorage Building
Owners
2 collapsed structures had flat roofs.
Courtesy of: Anchorage Daily News
ANCHORAGE, ALASKA -- The more
than 100 inches of snow that has
fallen on Anchorage so far this winter
is starting to push buildings to the
breaking point.
Two roofs of commercial buildings
have collapsed in the past week -- an
occurrence unusual enough for the city
government to issue an advisory saying
that current snow loads shouldn't be a
problem for most roofs in the city.
Both of the flat-roofed buildings had
snow loads "well below" the 40 pounds
per square foot required by municipal
building codes, the city's Building
Safety office said in a statement.
Courtesy of: www.LATimes.com
BURBANK, CALIFORNIA - Hundreds of
Burbank residents who have yet to comply
with a city ordinance that requires them to
remove their wood roofs were given some
breathing room, 20 years after the law was
enacted.
Homeowners with exposed wood roofs
will probably now have two more years
to change them. A "roof-over" — a wood
shingle or shake roof covered by another
type of roofing material — will get an eightyear reprieve.
The extensions, coming just months before
a 20-year-old deadline for the replacements,
are expected to be finalized by the City
Council in the coming weeks. Burbank
passed the law to make homes more fireresistant; at the time, officials said
the turnover rate should coincide with the
roughly 20-year life span of wood shake
roofs. But as the deadline approached,
homeowners and real estate agents
protested what they said was an unfair
financial burden at a time when many
households were struggling to pay their
bills, let alone finance new roofs that could
cost $10,000 or more.
Realtors and fire officials agree that there
are still about 120 exposed wood roofs in
www.wsrca.com
"It's even difficult for those who are
gainfully employed."
Realtors also contended that some
homeowners had been given permits
for roofovers until 2000, long after the
original law was passed. An employee from
the city's Building Department said that
beginning in 2000, those seeking permits
for a roof-over had to sign a document
saying they understood that a new roof was
required by August 2012. It was not clear
if the same disclosures had been made to
those seeking roof-overs before then.
Design or construction problems
likely contributed to the collapses, the
city said. "These roofs that collapsed
probably had multiple issues going on,"
said Ross Noffsinger, an engineering
services manager with the city.
Flat-roofed buildings, which in
Anchorage tend to be mostly
commercial properties, are more
vulnerable to roof collapses due to
snow loading, Noffsinger said.
Barbara Sanchez, a 14-year resident, said
she and her family have been "tightening
their belts in the last two years" and cannot
afford a new roof, adding that she had
been given estimates of $10,000 to
$14,000 for the work.
The extensions were longer than what fire
officials had suggested, citing concerns
about wood roofs' ability to withstand
flying embers or other fire-starters.
Fire Chief Ray Krakowski supported a fiveyear extension on roof-overs but said
exposed wood roofs should adhere to the
August deadline. "It's never a good time
to spend $15,000 on a roof," Mayor Jess
Talamantes said at the meeting.
•••••
6
Nevertheless, some homeowners are
looking warily at their increasingly
burdened roofs.
Right now, the snow at the National
Weather Service offices near Ted
Stevens International Airport weighs
ALASKA (PAGE 7)
ALASKA (CON’T.)
roughly 26.5 pounds per square foot,
based on a snow-density calculation, said
Dave Strickland, a hydro-meteorological
technician with the service.
While conditions vary around the city, it
would take a lot of heavy, wet snow to
pass the city's 40 pound standard, he said.
Dense, wet snow tends to fall later in the
winter. That's why it's important to watch
for warning signs, Noffsinger said.
"A person needs to pay attention to what's
going on with their roof," he said. Factors
to watch out for include snowdrifts, which
can add dangerous amounts of weight to
an otherwise stable roof. Excessive ice
buildup, a frequent problem in older homes
with poor insulation, is a worrisome sign.
Newly noticeable cracks in interior ceilings
or walls also warrant a call to a structural
engineer or inspector. Flat roof drains that
are ice-choked or otherwise clogged can
cause a buildup of snow as well. Pitched
roofs, which make up the overwhelming
majority of Anchorage homes, rarely
collapse under heavy snow.
Johns Manville Muscles Up
With New EPDM Plant
Simpson Strong-Tie Offers
Truss Plates
Courtesy of: Roofing British Columbia
Courtesy of: Roofing Contractor Magazine
MILAN, OHIO – EPDM producer Johns
Manville (JM) opened a giant new plant in
Milan, Ohio, in February 2012 with full
production of EPDM to start in May 2012.
PLEASANTON, CALIFORNIA – Simpson
Strong-Tie has recently acquired the
majority of the assets of Automatic
Stamping, LLC and Automatic Stamping
Auxiliary Services, LLC to launch its truss
plate offering. Automatic Stamping is based
in Edenton, N.C., and is a family-owned
business with a long history in the truss
plate industry. Former owner Bill Black
will continue to lead manufacturing and
plate innovation operations in Edenton.
“Automatic Stamping is well known in the
truss industry and highly regarded as an
extremely efficient, high-quality
manufacturer of truss plates. We are very
excited about this new venture and look
forward to being able to offer our customers
some of the best truss plate products in the
industry,” said Mike Bugbee, vice president
of the truss and component industry for
Simpson Strong-Tie. Bill Black added, “It’s
an honor to be affiliated with a company
such as Simpson Strong-Tie who has
the same integrity and determination as
Automatic Stamping, LLC..”
The plant, using what Johns Manville says
is the most advanced German-engineered
roller die extrusions on the planet, will
produce wide-sheet membranes for the
North American roofing market.
EPDM is a thermo set synthetic rubber
single-ply roofing membrane know for its
durability, ease of installation and superior
weathering characteristics. The new plant, a
former rubber manufacturing facility, began
renovations in May 2011, and has about
100 million square feet of manufacturing
capacity.
This will be the second new roofing
systems facility opened by JM in the past
three years. The Colorado-based company
opened its thermoplastic polyolefin (TPO)
plant in Alabama in 2008.
WESTERN ROOFING EXPO 2012
• JUNE 23-27 • LAS VEGAS, NEVADA •
REGISTER ONLINE www.WSRCA.com
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FIN
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Name:
Bring this FREE TRADE SHOW
PASS for CONTRACTORS & THEIR
EMPLOYEES to the Paris Las Vegas
Hotel & Casino on either day of the
trade show (Monday June 25th and/
or Tuesday June 26th) and exchange
it for your FREE ENTRY TO THE
WESTERN ROOFING EXPO 2012
EXHIBITS AND TRADE SHOW.
Complete the bottom portion of
this pass, fax this page to WSRCA
at (650)938-5407 and we will have
your badge waiting for you at the
registration desk!
Name (2):
Company:
Address:
City, State, Zip:
Phone:
E-Mail:
7
www.wsrca.com
WSRCA LEGAL CORNER
Know Your Contract
By Kenneth S.
Grossbart &
Sam Abdulaziz,
Abdulaziz,
Grossbart &
Rudman
When you bid on
a job you need to
understand what
work is involved, what materials you will
use, and what subcontractors or material
suppliers you will be using. But do you
understand the rest of the contract?
change order to the City, which in turn
approves and signs the change order
making it an accepted change order. The
second way was to ask the engineer for a
formal decision on the requested change
order and to give written notice of the claim
to not only the engineer but the other party
no later than 30 days after the event of the
occurrence.
defects. The court further stated that the City
withholding the monies in retention was
reasonable because it was allowed to
withhold up to 150% of the amount in
dispute. The court went on further to state
that Opinski’s claims were rejected because
Opinski did not submit its claims in the
manner laid out by the contract within the
correct time frame laid out by the contract.
To clarify this, if a change order that the
contractor submitted to the City was not
accepted (signed), the contractor could
petition the engineer for a decision with
respect to that same change order, if it is
done within 30 days of the need for that
change order first being realized, and the
City was also notified in writing.
The appellate court sent the case back to
the trial court to figure out the difference
of what was awarded to the City and what
was left of the retention in escrow. The
difference of which was to go to Opinski.
Because Opinski was not familiar enough
with the contract that was signed, Opinski
lost out on a large sum of money that was
initially due to it.
When change orders were denied, Opinski
needed to follow the second course of
action by petitioning the engineer, who
required that particular work to be done
and would have approved the change
orders. When Opinski was done with the
job other contractors were still working on
the project, Opinski should have had
substantial completion signed off on for
its part of the work or submitted a change
order so as not to be responsible for the
liquidated damages as laid out in the
contract. If Opinski knew its contract, this
would have only cost $3,000 for the defects
rather than over $65,000! Make sure you
know what your contract says and that
you refer to it frequently on the job so that
something like this does not happen to you!
•••••
In the Greg Opinski Construction,
Inc. v. City of Oakdale case, it is seen
why it is important to have a complete
understanding of what is in your contract.
This matter went to trial for various other
issues, but the issue at hand in the appeal
is all that is discussed for purposes of this
article.
This particular case came about because
of seven months of job delays, unapproved
change orders, construction defects and
non-payment. The contract called for the
job to be completed within 300 days. It
laid out very specific change order
procedures for which either the contract
time or price could be changed.
There were two acceptable avenues to
have a change order accepted. The first was
execution of the change order by mutual
agreement in writing. In other words, the
contractor determines that a change
order is necessary and submits the written
www.wsrca.com
The liquidated damages were $250 per day
for those days after the 300 in the contract.
The project was 7 months late. The City
refused to pay almost $200,000 towards the
balance of the contract and change orders,
which the City refused to approve, and
kept the funds in retention. The City also
alleged defective conditions. During trial, it
was determined that the cause for the delay
was actually the fault of the City, not the
contractor. However, the City still claimed
that the liquidated damages were due it
because Opinski not only did not submit a
change order for the time increase to finish
the job, but Opinski also did not submit a
claim to the engineer for the time increase
or the other change orders that the City
refused to approve.
After careful review of the contract
documents, prior case law, and statutes, the
court ruled in favor of the City for $54,000
plus interest, and just over $3,000 for the
8
Abdulaziz, Grossbart & Rudman provides this
information as a service to its friends & clients
and it does not establish an attorneyclient
relationship with the reader. This document is
of a general nature and is not a substitute for
legal advice. Since laws change frequently,
contact an attorney before using this
information.
Kenneth Grossbart is recognized as one of the
foremost authorities in California construction
law. Over the past 30 years, Ken has become
a respected speaker on Mechanic’s Liens and
other construction related issues.
Sam Abdulaziz has been practicing
construction law for over 35 years, and is
considered one of the premiere experts
in construction law, including California
contracting license laws. He is the author of
“California Construction Law.”
Ken Grossbart and Sam Abdulaziz can be
reached at Abdulaziz, Grossbart & Rudman:
(818) 760-2000 or contac them by E-Mail at
ksg@agrlaw.com, or at www.agrlaw.com
WESTERN STATES
ROOFING CONTRACTORS ASSOCIATION
Library Order Form
Member Price
Non-Member
$35 Alpine
$10 Moderate
$45 Alpine
$20 Moderate
Fall Protection & Equipment Cards
$10
$10
3.
WSRCA Waterproofing Manual with Below & Above Grade Guidelines (2nd Edition)
$135
$185
4.
WSRCA Above Grade Waterproofing Guideline
$75
$100
5.
WSRCA Below Grade Waterproofing Guideline
$75
$100
6.
WSRCA Day Planner
$29
$40
7.
WSRCA Roofing Details on Compact Disk
$75
$150
8.
WSRCA Roofing Details Manual (includes Steep-Slope, Low-Slope, Tile-Alpine, Tile-Moderate, and Metal)
$150
$195
9.
WSRCA Safety Tool Box Topics (includes both English and Spanish Topics)
$50
$65
10.
WSRCA Glossary of Roofing Terms
$10
$15
11.
WSRCA 10-Year TPO Study (Set of Three: Includes 3-Year, 5-Year and 10-Year Studies)
$50
$75
12.
WSRCA TPO Roof Membrane Repair & Maintenance Guidelines
$150
$200
13.
California Construction Law: 2012 Edition by Sam Abdulaziz (Abdulaziz & Grossbart)
$25
$35
14.
Slate Roofs - Design & Installation Manual (2010 Edition) - National Slate Association
$90
$115
15.
Historic and Obsolete Roofing Tile (Preserving the History of Roofing Tiles)
$75
$100
16.
The Slate Roof Bible
$45
$60
17.
The Slate Book
$65
$85
1.
WSRCA Concrete and Clay Tile Application Details Manual
Alpine Conditions
2.
Moderate Conditions
WSRCA "Spanish-In-A-Pinch" English to Spanish & Vice Versa
Safety Cards
TOTAL
Mail, Fax or E-Mail this Request To: Western States Roofing Contractors Association (WSRCA) 465 Fairchild Drive, Suite #210 Mountain View, CA 94043
1-800-725-0333 - Toll Free (650) 938-5407 - Fax
info@wsrca.com - E-Mail If paying by check, please contact WSRCA for shipping costs. If paying by Credit Card, shipping charges will be added to the purchase cost.
SHIP ORDER TO THE FOLLOWING COMPANY
METHOD OF PAYMENT
COMPANY:
CHECK:
CONTACT:
CREDIT CARD:
ADDRESS:
CARD NUMBER:
CITY, STATE, ZIP:
EXP. DATE:
PHONE NUMBER:
SIGNATURE:
CHECK NUMBER:
VISA
MC
AMEX
CODE:
2011-2012 WSRCA
Executive Committee
and Board of Directors
Carole Lowrance
Reinhardt Roofing, Newark CA
(510) 713-7014, carole@reinhardtroofing.net
Tom Asbury
Summit Roofing Services
(209) 825-3042, tasbury@sroofs.com
Rob Winkle
Western Pacific Roofing Corp., Palm Springs CA
(760) 416-5877, robwinkle@westpacroof.com
Idaho
Brad Baker
Professional Roofing, Bellevue ID
(208) 788-1411, epdmroofer@yahoo.com
WSRCA President Travis Nelson
EXECUTIVE COMMITTEE 2011-2012
WSRCA President
Travis Nelson
Brown Roofing Company, The Dalles OR
(541) 296-6593, info@brownroofing.com
Senior Vice President
Bill Baley
C.I. Services, Mission Viejo CA
(800) 830-7888, bbaley@ciservicesinc.com
VP - 1 Year
Michael Tory
Tory’s Roofing, Pearl City HI
(808) 456-5990, mike@torysroofing.com
VP - 1 Year
Bruce Hunter-Duschel
Tacoma Roofing & Waterproofing, Tacoma WA
(253) 472-3484
bruce@tacoma-roofingandwaterproofing.com
VP - 2 Years
Dennis Ryan
Waterproofing Associates, Mountain View CA
(650) 937-1299, dennis@roofwa.com
VP - 2 Years
Pete Schmautz
Star Roofing, Phoenix AZ
(602) 944-3323, pschmautz@staroof.com
Immediate Former President
Christian Madsen
Madsen Roof Company, Sacramento CA
(916) 361-3327, christian@madsenroof.com
Executive Director
Arlene Lawson
Western States RCA, Mountain View CA
(650) 938-5441, arlene@wsrca.com
BOARD OF DIRECTORS 2011-2012
California
Bob Jones
Airtight Construction, Inc., Concord CA
(925) 687-5900, bob@airtightconstruction.com
Bruce Radenbaugh
Bilt-Well Roofing
(323) 254-2888, brucerad@biltwell.com
Bill Asbury
Quality Tile Roofing, Boise ID
(208) 362-2711, basbury@qtrinc.com
Oregon
Greg Carlson
Carlson Roofing, Hillsboro OR
(503) 640-3623,
gcarlson@bobcarlsonroofing.com
Curtis Large
Evergreen Roofing of Oregon
(541) 344-1415, curt@evergreenroofing.com
Chris Sprick
Sprick Roofing Company, Inc. Corvallis OR
(541) 752-2590, chris@sprickroofing.com
South Dakota
Darin Douglas
Lowe Roofing, Whitewood SD
(605) 269-2211, darin@loweroofinginc.com
Texas
Don Fry
Fry Roofing
(830) 980-8103, dfry@fryroofing.com
Fred Schroeder
Metro Roofing & Sheet Metal
(936) 588-4280, fred@metroroof.com
The WSRCA Principles of a Successful Above-Grade and Below-Grade
Waterproofing Project document has
been assembled to provide designers,
building owners, and general contractors with general technical guidance
regarding proper design, aspects of
preparation, and installation on any
type of waterproofing project. Be
sure to pick up your copy today by
calling WSRCA at 800.725.0333, or
visit us online at www.wsrca.com, or
using the Library Order Form on p.9
Washington
George Madsen
Madsen Roofing Co., Lacey WA
(360) 456-2821, george@madsenroofing.com
WSRCA ADMINISTRATIVE STAFF
Arlene Lawson
Executive Director
(650) 938-5441 x.12, arlene@wsrca.com
Joel Viera
Assoc. Director of Exhibits & Membership
(650) 938-5441 x.13, joel@wsrca.com
Chris Alberts
Assoc. Director of Design & Technology
(650) 938-5441 x.11, chris@wsrca.com
Sofia Pulido
Director of Finances & Human Resources
(650) 938-5441 x.14, sofia@wsrca.com
Daniel Rosales
Administrative Assistant
(650) 938-5441 x.10, daniel@wsrca.com
Leo Ibarra
Blue’s Roofing Company, Milpitas CA
(408) 240-0680, li@bluesroof.com
WSRCA Above-Grade & Below-Grade
Waterproofing Manuals:
Steve Reardon
Enterprise Roofing, Concord CA
(925) 689-8100, sreardon@enterpriseroofing.com
ONLY $135.00
FOR BOTH
Gary Martin
G.M. Roofing & Maintenance, Valley Center CA
(760) 749-0971, gmroofandmtc@aol.com
www.wsrca.com
PRINCIPLES OF A
SUCCESSFULL
ABOVE-GRADE &
BELOW-GRADE
WATERPROOFING
PROJECT
10
Carlisle To Acquire Hertalan
Holding for $50 million
Courtesy of: Charlotte Business Journal
Carlisle Cos. Inc. has agreed to acquire
Hertalan Holding B.V. in a deal valued at
$50 million.
Hertalan is a manufacturer of rubber
roofing membranes and industrial
components. It has annual sales of
approximately $33 million. Hertalan has
130 employees and operates facilities in
Kampen, the Netherlands, and Baia Mare,
Romania.
The business will operate as part
of Carlisle’s construction-materials
segment. Carlisle says the operations will
complement the Germany-based PDT
single-ply roofing business it acquired in
August.
“The acquisition of Hertalan will further
strengthen CCM’s ability to efficiently
serve European customers in the singleply roofing market in Europe with
local manufacturing and established
distribution,” says David Roberts, Carlisle
President and Chief Executive.
WSRCA Launches New Website
Knowing that you depend on our industry
involvement to develop and strengthen
policy and practices, we’ve rebuilt our site
www.WSRCA.com to make it much easier
to find and share resources. In this, our
38th anniversary year of our founding, we
continue to be inspired by the dedication
we see in our members, officers, directors,
funders and affiliates, all working for the
betterment of the roofing and waterproofing
industry. As part of our commitment to keeping our
work easily accessible, we have created
a more navigable website with additional
resources, better tools, and a new visual
design. We are also adding email updates
and surveys to help you keep up to date on
the latest research, practices and products.
With our completely redesigned site,
you are now able to search our existing
manuals and materials more easily in the
online Bookstore; register for convention
attendance, register for our fundraisers
and many more items still to come.
Reflecting our long-standing commitment
to continuous improvement, we welcome
your feedback as we continue to improve
this site. Stay tuned in the coming months
for new additions!
NEW WSRCA.COM WEBSITE
FEATURES THE FOLLOWING:
> Easier Navigation
Easy access to our Bookstore, Western Roofing
Expo registration forms, Find A Contractor tool,
and an overall easy-to-navigate website.
> Keyword Search Tool
Find an important documents on our website.
> New Activities at WSRCA
Check out the latest developments at WSRCA.
> Advertising Opportunities
Connect with Roofers & Waterproofers who use
our site on a regular basis.
> Poll Feature
Let WSRCA hear your opinion instantly.
> Members Clubhouse
Access to Details, Reports, Guidelines and
other critical roofing information.
> Membership Renewal
Renew your WSRCA Membership Dues Online.
> Online Bookstore
Easily purchase essential roofing materials
from the WSRCA bookstore.
> Online Registration
Register online for the Western Roofing Expo.
Remember when...?
WSRCA Board of
Directors Meeting
San Diego, CA
Harbor Excursion
August 14, 1997
11
www.wsrca.com
WSRCA New Members
(As of March 2012)
CONTRACTOR MEMBERS
Jake Magalsky
Ace Roofing LLC
104 Elliot Street, Box 405
Wilsall, MT 59086
(406) 578-2107
(406) 578-2233
aceroofingandgutter@yahoo.com
www.montanaacegutter.com
Greg Sampson
Commercial Roofing, Inc.
PO Box 21162
Billings, MT 59104-1162
(406) 656-0956
(406) 656-6648
comrfg79@aol.com
Evan Ellison
Elite Roofing Solutions, Inc.
17423 Village Green Drive
Houston, TX 77040
(281) 741-5924
(281) 870-8090
evan@eliteroofingsolutions.com
www.eliteroofingsolutions.com
Roger Cummings
Kirkness Roofing Co
144 More Lane
Billings, MT 59101-3415
(406) 256-1798
(406) 252-3738
roger@kirknessroofing.com
www.kirknessroofing.com
Chris Black
Marton Roofing, Inc.
5207 Ashbrook Drive
Houston, TX 77081
(713) 664-7000
(713) 661-0100
cblack@mritexas.com
www.mritexas.com
Kelly Regan
Regan Roofing
1826 Magnolia Avenue
Carlsbad, CA 92008
(858) 255-7100
(760) 637-5542
kregan@regan-roofing.com
www.regan-roofing.com
www.wsrca.com
Marcia Rene Valenzuela
Rock Roofing, LLC
6961 E. 42nd Street
Tucson, AZ 85730
(520) 571-8034
(520) 747-3017
marciarvwolf@yahoo.com
www.rockroofingllc.net
Archie Gallant
Mueller, Inc.
1915 Hutchins Avenue
Ballinger, TX 76821
(325) 365-8155
(325) 365-8176
archie.gallant@muellerinc.com
www.muellerinc.com
Craig Foster
ROOFTEC LLC
15090 Tradesman Drive
San Antonio, TX 78249
(210) 493-3022
(210) 493-3024
craig@rooftec-llc.com
www.rooftec-llc.com
Rufus Aylwin
Safeguard 30 LLC
3400 SW 209th
Beaverton, OR 97007-1073
(503) 848-6320
(503) 356-8780
info@safeguard30.com
www.safeguard30.com
ASSOCIATE MEMBERS
Jennifer Ronan
3C Network
11808 Circle Point, Suite 320
Westminster, CO 80020
(855) 888-2638
jennifer.ronan@3cmembernetwork.com
www.3cmembernetwork.com
Gurgen Tovmasyan
Able Sheet Metal, Inc.
614 N. Ford
Los Angeles, CA 90022
(323) 269-2181
(323) 269-2184
ablemetal@yahoo.com
wwwablemetal.com
Jim Schafer
Schafer Co.
1155 South Inca Street
Denver, CO 80223
(303) 733-2303
jschafer@schaferandco.com
Brian Beavers
Sound Building Envelope & Construction
Consultants, LLC
11021 21st St. Ct. E.
Edgewood, WA 98372-1561
(253) 606-9560
(253) 952-0289
brian@soundbuildingenvelope.com
www.soundbuildingenvelope.com
Diane Glenn
Construction Consultants of Washington
40 Lake Bellevue, Suite 100
Bellevue, WA 98005
(425) 709-6100
(425) 351-0940
dianeglenn@mindspring.com
www.constructionconsultantsofwashington.com
Charles George
Hapco, Inc.
390 Partage Blvd.
Kent, OH 44240
(330) 678-9353
(330) 677-8282
chuck@hapcoinc.com
www.hapcoinc.com
Richard Beck
IAPMO ES (Evaluation Services)
5001 East Philadephia Street
Ontario, CA 91761
(909) 472-4202
(909) 472-4171
richard.beck@iapmoes.org
www.iapmoes.org
12
800.725.0333