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RE: Aase ruling

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Yes...It seems to diminish the value of our work as well.

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

	-----Original Message-----
	From:	Structuralist [SMTP:dennis.wish(--nospam--at)gte.net]
	Sent:	Tuesday, April 03, 2001 7:19 PM
	To:	seaint(--nospam--at)seaint.org
	Subject:	RE: Aase ruling

	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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