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RE: Aase ruling

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Have you received any response from any of the members of the California
legislature?

Sharon Robertson Bonds, PE
Salerno/Livingston Architects
363 Fifth Avenue, Third Floor
San Diego, California  92101
(619) 234-7471

	-----Original Message-----
	From:	chuckuc [SMTP:chuckuc(--nospam--at)pacbell.net]
	Sent:	Tuesday, April 03, 2001 10:46 AM
	To:	seaint(--nospam--at)seaint.org
	Subject:	Aase ruling

	Dennis-
	I did the only thing I could think of.
	1. A letter of concern to various members of the California
legislature.

	"I am writing to express my concern about the recent Cal. Supreme
Court
	decision in the Aase case regarding construction defects.  The court
	ruled that builders could ignore every provision of the building
code
	and suffer no repair cost until there is an actual injury.  This is
the
	worst possible public policy.  California's structural engineers
have
	been at the forefront of efforts to make our construction more
	earthquake resistant.  This ruling is a major setback for safe
	construction.
	The court's decision is one of the stupidest pieces of reasoning I
have
	ever seen.  It incents developers to hire the cheapest, most
	unprincipled builders who simply gamble on not getting caught by the
	building inspector.  For the subsequent homeowner there is no
recourse
	except to wait for an earthquake to wreck the home and/or kill
someone.
	Construction quality is poor already and this will make it worse.
	The Chief Justice's dissent calls on the legislature to take action
to
	protect California's residents.  Please do so ASAP."
	Chuck Utzman, P.E.

	2. A letter to the editor of the Journal of Light Construction (they
	carried a recent summary piece on Aase.)

	"The example you cited in your piece is a perfect example of why the
	Aase decision is aasinine. An electrical subcontractor is now
invited to
	build an electrical death-trap and the homeowner or General
Contractor
	must wait until someone is electrocuted to get money to fix it. The
same
	logic is applied to seismic safety problems, the court sees no
problem
	until an earthquake wrecks your house.  This ruling is the work of
	jurists with too many books and no common sense.  It is doubtful
that
	the problem will be rectified by the California legislature until a
	sufficient number of people are killed to get their attention."
	Chuck Utzman, P.E., G.C.