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RE: Aase ruling

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Exactly the point! Scary isn't it!

> -----Original Message-----
> From: sharonb(--nospam--at)slarchitects.com [mailto:sharonb(--nospam--at)slarchitects.com]
> Sent: Tuesday, April 03, 2001 3:15 PM
> To: seaint(--nospam--at)seaint.org
> Subject: RE: Aase ruling
>
>
> I'm not sure I follow your thought process.
>
> My understanding is that:
> Pre-Aase, if a contractor...let's say...neglected to put plywood on the
> shear walls (as properly designed and conveyed on the plans) and
> misallocated hold downs (also properly designed and conveyed on the plans)
> ,a homeowner in California could make a claim and have those oversights
> corrected.
> Post-Aase a homeowner can not make a claim unless there is damage.
>
> My concern is that damage must occur before a "construction" defect is
> acknowledged as such.
>
> Sharon Robertson Bonds, PE
> Salerno/Livingston Architects
> 363 Fifth Avenue, Third Floor
> San Diego, California  92101
> (619) 234-7471
>
> 	-----Original Message-----
> 	From:	Steven A. [SMTP:cratylus(--nospam--at)earthlink.net]
> 	Sent:	Tuesday, April 03, 2001 2:25 PM
> 	To:	seaint(--nospam--at)seaint.org
> 	Subject:	Re: Aase ruling
>
> 	Dear Sharon:
>
> 	     Those concerned about the ramifications of this case should
> keep in mind
> 	that the court limited its ruling to negligence claims and I believe
> said it
> 	does not apply to a claim based on contract or warranty.
>
> 	     This may mean that those responsible for design defects
> (negligence) fare
> 	better than those promising good construction. I believe that a full
> study of
> 	this case, in the context of professional liability and construction
> warranty
> 	(what typical contractors are held to) will impact builders more
> than designers.
>
>
> 	Steven A.
>
>
>
>
>
> 	sharonb(--nospam--at)slarchitects.com wrote:
>
> 	> 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.
> 	>
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