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Re: Aase ruling

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I doubt that there's much love lost between the Cal. legislature and the courts
theses days, but feel free to edit/revise to your heart's content. I suspect
it's going to take a lot of letters to offset the lobbyist's $$$.

Structuralist wrote:

> Good letter Chuck, but calling the court's decision "one of the stupidest
> pieces of reasoning" may not get that legislator on your side. If you don't
> mind me toning that line down, I'll publish it on the HomeSafe forum and
> request others send copies of it with their signature to their local
> legislator.
> Dennis
> > -----Original Message-----
> > From: chuckuc [mailto:chuckuc(--nospam--at)]
> > Sent: Tuesday, April 03, 2001 10:46 AM
> > To: seaint(--nospam--at)
> > 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.
> >
> >
> >
> >