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Oർඍඈൻൾඋ 2018 Vඈඅ 8 Iඌඌඎൾ 10 REPORTER Upcoming Events November 14th Annual Meeting OSHA Compliance Election of Directors February 11 - 13 International Roofing Expo Nashville, TN Rooftop Reporter Page 1 From the President... Inside this Issue: Build-A-Roof Recap Safety Bulletin Ready to serve? Arbitration Clause? CERTA SDRCA Safety Specials Happy fall everyone. As we enter the beginning of winter very soon, I am hoping for tons of rain this year. I know Cali- fornia needs it and my phones do too. Our 2018 Build-A-Roof is now complete, what a great pro- ject for a great charity. The integrated training was a big suc- cess and thank you to APOC! Be on the lookout for a nice article regarding the Build-A- Roof in local publications as well as regional and national. We have our upcoming Annual Meeting on November 14th, remember that each member company has one compli- mentary registration. You of course may send more, but the first is complimentary. We have Safety Compliance Company speaking to us on November 14th on what’s up the sleeve of OSHA for 2019. After the presentation we will be electing directors for a three year term to sit on the SDRCA Board of Directors. We are still accepting nominations, if you would like to serve, please let us know. Eric Richardson, SDRCA President
Transcript
Page 1: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

O 2018

V 8 I 10

REPORTER

Upcoming Events

November 14th

Annual Meeting

OSHA Compliance

Election of Directors

February 11 - 13

International Roofing Expo

Nashville, TN

Rooftop Reporter Page 1

From the President... Inside this Issue:

Build-A-Roof Recap

Safety Bulletin

Ready to serve?

Arbitration Clause?

CERTA

SDRCA Safety Specials

Happy fall everyone. As we enter the beginning of winter very soon, I am hoping for tons of rain this year. I know Cali-fornia needs it and my phones do too.

Our 2018 Build-A-Roof is now complete, what a great pro-ject for a great charity. The integrated training was a big suc-cess and thank you to APOC!

Be on the lookout for a nice article regarding the Build-A-Roof in local publications as well as regional and national.

We have our upcoming Annual Meeting on November 14th, remember that each member company has one compli-mentary registration. You of course may send more, but the first is complimentary.

We have Safety Compliance Company speaking to us on November 14th on what’s up the sleeve of OSHA for 2019. After the presentation we will be electing directors for a three year term to sit on the SDRCA Board of Directors. We are still accepting nominations, if you would like to serve, please let us know.

Eric Richardson, SDRCA President

Page 2: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

CAL OSHA COMPLIANCE Presented By: Kirk Herold, Safety Compliance Co.

What is up the sleeve of OSHA in 2019?

Thank you to Safety Compliance Co. for providing important updates on safety in the Roofing Industry. Make sure you bring your questions with you, this is a great forum

for you to ask your questions.

Safety Compliance Co. has spoken to us before and the materials presented are very informative and beneficial in reducing exposure to Cal/OSHA violations and improving safety compliance.

THIS IS ALSO THE ANNUAL DINNER MEETING, ONE REPRESENTATIVE FROM EACH SDRCA MEMBER COMPANY HAS ONE COMPLIMENTARY REGISTRATION. SDRCA ELECTIONS WILL

TAKE PLACE IMMEDIATELY FOLLOWING THE DINNER PROGRAM

This meeting will offer 1 meeting attendance credit for SDRCA Certified Roofing Contractor Members

Table Tops Available

San Diego Roofing Contractors Association

Wednesday, November 14th, 5:00 PM Social Hour, 6:00 PM Dinner & Program

Lomas Santa Fe Country Club, 1505 Lomas Santa Fe Dr., Solana Beach SDRCA Dinner Meeting Reservation, Due by Monday, November 12th

Please Print Clearly And Mark Your Dinner Selection Company: _________________________________________ Attendee: _________________________________________ Attendee: _________________________________________ Attendee: _________________________________________ Attendee: _________________________________________

Check Enclosed Credit Card listed below Use Advocate dinner credits Card Number: _________________________________________ Exp: ___________________ Name on Card: _________________________________________CVS:______________

SDRCA – PO Box 1328, Solana Beach, CA 92075 Phone/Fax: 888-825-0621

Please fill in your amount

___# @ Member $45 = _______ ___# @ Non-Member $75 = ______ TOTAL $ ____________

Page 3: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

The mission of the San Diego Roofing Contractors’ Association is to establish and maintain profes-sional standards and practices in the roofing industry through education and public awareness. Adopted January 1997

To elevate...To protect and defend...To cooperate...so that all benefit.

Rooftop Reporter Page 2

The SDRCA Mission Statement:

The San Diego Roofing Contractors' Association (SDRCA) has been serving the Roofing Industry for over forty years.

Times, techniques and technology has changed, but the SDRCA Core Values, Code of Ethics, Mission and Vision Statement has not. The 2018 Board of Di-rector Team is committed and dedicated to serving our members and this associa-tion with new education, resources, training and savings for the purpose of helping our members continue a tradition of profitability and professionalism in our industry. It is the intent of this Association to establish and maintain professional standards and prac-tices in the Roofing Industry through education and public awareness. Our members are com-mitted to excellence and they use the benefits offered by the Association to help obtain this goal. The SDRCA encourages you to become fully aware of the potential problems of dealing with an unli-censed, uninsured roofer.

The SDRCA was formed in 1957 to preserve and promote the art of roofing application. SDRCA members recognize that after 60 years of innovation in roofing technology and application, the fol-lowing goals are as meaningful and relevant today as they were yesterday and will be tomorrow.

The SDRCA remains a strong supporter of open competition and the free enterprise system; indeed, this competitive environment led to the success of its members. SDRCA members recognize that the perpetuation of such a healthy business environment is greatly influenced by their own professional conduct. The SDRCA supports the following practices, and encourages them in its members.

SDRCA Member Code of Ethics: 1. To conduct my business in an ethical manner, so that I will reflect credit and confidence by the public in our

industry as well as my own business.

2. To consider my vocation worthy and dignified and thus affording a distinct opportunity to serve society.

3. To hold that the exchange of my goods and service for a fair profit is legitimate and ethical, provided all parties in the exchange are benefited.

4. To elevate the standards of my vocation by exercising a high degree of care in the execution of all work, and correct any defective work as a direct challenge to my ability and integrity.

5. To protect and defend the public from fraudulent and unethical practices affecting our industry.

6. To cooperate with the association in its effort to better conditions in the industry, so that public, manage-ment, capital and labor will all mutually benefit.

7. To operate my business in accordance with the rules and regulations of constituted authority at all levels and in a manner which will leave no doubt as to my loyalty to my country and its ideals and fundamental principals.

Page 4: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

Rooftop Reporter Page 3

Roofs for Woofs: San Diego Roofing Contractors Association takes on pro bono roofing project to help Canine Companions for

Independence

Even the most successful non-profit organizations can struggle to maintain the facilities on which their mission depends. This has been the case for the Southwest Region of Canine Companions for Independence, whose Oceanside facility has suffered increasingly serious roof leaks. But thanks to the pro bono Build-a-Roof program of the San Diego Roofing Contractors’ Association (SDCRA), that leaky roof has been replaced with a watertight, brand new roofing system. The story behind this project illustrates the many levels on which such a project benefits everyone involved.

Canine Companions for Independence is a nonprofit organization that provides expertly-trained assistance dogs to children, adults and military veterans with disabilities. Established in 1975, Canine Companions has six training centers across the country, including two in California, one in Florida, Ohio, New York and Texas. Canine Companions is recognized worldwide for the excellence of its dogs, and the quality and longevity of the matches it makes between dogs and people. Although the price to raise, train and provide ongoing sup-port for the dogs is estimated at $50,000, they provide assistance dogs completely free of charge to recipients. Obviously, sustaining a program that provides such a high-value ser-vice at no-cost requires extreme prudence in managing assets.

The SDRCA was formed in 1957 to preserve and promote the art of roofing application. Its members recognize the universal importance of their trade, and how they can have a mean-ingful impact on the communities they serve. To that end, an annual tradition of the SDRCA is to select a charity or family in need of a new roofing system, and to provide such a system at no cost. Funds to support the work are provided through the donations of its own mem-bership. In addition to funds, the donations include materials donated from SDRCA Manu-facturer members and Supplier members, and labor donated by the Contractor members.

Another avenue by which the SDRCA gains support for its charitable work is its Annual SDCRA Golf Classic. In 2017, the SDRCA was introduced to Canine Companions as a can-didate to receive some of the proceeds of its 51st Annual SDRCA Golf Classic. On the strength of its mission, Canine Companions was selected to receive a donation from funds raised at the Classic. But the relationship between these two organizations had only begun. While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside facility

The Canine Companions facility consists of modular buildings which are attached to each other. This sort of construction can make it notoriously difficult to implement a watertight roofing system. But the SDRCA are experts in their field. Canine Companions was nominat-ed for the SDRCA’s Build-A-Roof Program (BAR). As part of the selection process, the SDRCA’s BAR Committee Chairman, Gary Gilmore (SG Wholesale), researched the scope of the project. Next, the BAR Committee toured the Canine Companions facility and saw for themselves just how exceptional an organization the Canine Companions is. With pleas-ure, the Committee confirmed Canine Companions as the recipient of the BAR award.

CONTINUED

Page 5: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

Rooftop Reporter Page 4

Roofs for Woofs: San Diego Roofing Contractors Association takes on pro bono roofing project to help Canine Companions for

Independence

CONTINUED

Addressing the specialized needs of the facility’s modular construction, the SDRCA chose a quality silicone roofing system. With that key decision made, SDRCA’s members snapped to action. APOC, a premier manufacturer of roofing, construction and maintenance products and SDRCA Manufacturer member, donated the majority of the products needed for the new roofing system. Making the most of this opportunity, APOC incorporated silicone training for the SDRCA Contractor members working on the project. So, not only would Canine Companions receive a new roofing system at no cost, but SDRCA Contractor em-ployees would also learn new skills.

The project began on Tuesday, August 28th with a thorough cleaning of the existing roof and extensive repairs. Next, SDRCA members applied APOC #583 Armor Base and polyester reinforcement. Those specialized materials were allowed to cure, after which the roof was sealed with the application of APOC #585 Armor Flex Silicone, a cutting edge formulation based on environmentally friendly, solvent-free polymers. The project was completed on Monday, September 10th.

The SDRCA is grateful to many for the contributions that converged to make this project a success: APOC generously donated materials and technical training led by John Athanasian, Mike Negrete and Dave Britton. Dan Dallenbach (Roofmaster) consulted on safety and also donated various key products. Premier Roofing of CA, Inc. (Sid Scott), RSI Roofing (David Susi), Eberhard Benton Roofing (Tiffany Suwa), Top Line Roofing (Wayne Sorensen), San Diego County Roofing (Troy Parrott), and Roofing Specialists of San Diego (Eric Richard-son) all contributed the expert labor that made the project a reality.

With a roofing system valued at $100,000, this project was one of the largest that SDRCA’s Build-A-Roof program has ever tackled. On behalf of an organization as valuable to the community as Canine Companions, the project was a labor of love. From start to finish, the experience reminded everyone involved how community service not only produces a tangi-ble outcome, but strengthens bonds between people and organizations to make true commu-nity itself the biggest winner of all.

Page 6: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

October Safety Corner

OSHA-Backed Online Training Now Available for Young Workers . . .

CareerSafe is an interactive online program that provides workplace safety training for young workers between the ages of 16 and 24 prior to starting their first jobs. CareerSafe recently signed a two-year alliance with OSHA to promote safety and health awareness among young workers in such fields as agriculture, construction, and healthcare. Students enrolled in CareerSafe’s OSHA 10-Hour Construction Industry training course gain a greater understanding of common workplace safety and health hazards. The course also educates young workers on their rights , as well as the responsibilities of their employers, under the Occupational Safety & Health (OSH) Act. Upon successful completion of the online course, students receive OSHA Outreach 10-Hour Construction Industry course completion cards that demonstrate to employers that they have a safety mindset, thereby giving them a competitive edge in the job market. To receive their completion card, students must satisfy the following OSHA requirements: pass all assessments with a minimum grade of 70% or higher; complete the course within six months from the course enrollment date; spend a minimum of 2 days taking the course; and view and complete all course material, including the course survey. The cost for the CareerSafe OSHA 10-Hour Construction Industry Training is $25.00 per student.

• For more information, contact CareerSafe at (888) 614-7233 or visit www.careersafeonline.com

Division of Workers’ Compensation (DWC) Posts Updated MTUS Drug List Effective October 1st, 2018 . . .

The Division of Workers’ Compensation’s (DWC) Administrative Director George Parisotto has issued an Order updating the Medical Treatment Utilization Schedule (MTUS) Drug List effective October 1, 2018 pursuant to Labor Code section 5307.29. The Administrative Director’s update Order adopts changes to the MTUS Drug List, based on the American College of Occupational and Environmental Medicine (ACOEM) Practice Guidelines, including the following:

• Addition of drugs addressed in the Chronic Pain Guideline and Opioids Guideline • New, Revised, and Deleted Drug Recommendations (related primarily to the Chronic Pain Guideline, and the Opioids Guideline)

The updated MTUS Drug List v. 3, the Administrative Director’s Order and the formulary regulations can be accessed on the DWC MTUS drug formulary web page. Further updates to the MTUS Drug List will be made on a quarterly or more frequent basis. The following link will take you to the MTUS Drug List v. 3 - 26 page adobe format document effective 10/1/18.

https://www.dir.ca.gov/dwc/MTUS/MTUS-Documents/Drug-List/October/DRUG-LIST-V3-Addendum-One.pdf

The mission of the San Diego Roofing Contractors’ Association is to establish and maintain professional standards and practices in the roofing industry through education and public awareness.

Page 7: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

OSHA Steadily Increases Enforcement Of Silica Rule At Construction Sites:

About six months into the Occupational Safety and Health Administration (OSHA) fully enforcing a rule that aims to protect construction workers from breathable silica, building industry safety professionals say compliance is a work in progress, according to www.bna.com. Steps are being taken to reduce silica dust, and the construction industry continues to seek practical ways to meet OSHA's standards and educate workers and supervisors regarding the requirements. OSHA's enforcement of the rule (29 C.F.R. 1926.1153) is slowly gaining momentum since compliance requirements took effect Sept. 23, 2017. The agency and states using the federal rule cited 116 alleged silica violations throughout the U.S. as of April 17th, 2018. The number of violations during the initial six months is likely to increase because OSHA can take up to six months after an inspection to issue citations. Raising awareness regarding compliance information is a priority—especially raising awareness among small subcontractors. General contractors must ensure their subcontractors comply with the rule because if OSHA finds silica problems at a job site, general contractors could face citations if OSHA believes they were responsible. The silica rule requires employers to monitor silica dust levels at worksites and take action when limits are exceeded. Frequent monitoring isn't required if contractors and workers follow procedures, called "Table 1," which is outlined in the rule. Table 1 includes 18 construction methods; many involve vacuuming dust into bags or spraying water to prevent silica dust from blowing away. Some contractors believe Table 1 could use more clarification and are requesting more guidance. Of the 116 silica violations cited, the most frequently mentioned provision with 35 cases was employers failing to measure silica exposure levels (29 C.F.R. 1926.1153(d)(2)(i)). Almost as frequently cited, with 31 violations, is incorrectly following Table 1's procedures (29 C.F.R. 1926.1153 (c)(1)) intended to reduce silica exposure. Although the rule took effect in September 2017, federal inspectors initially were instructed not to cite employers if the contractors were attempting to comply with the rule; full enforcement began Oct. 23, 2017. OSHA is steadily increasing its enforcement of the rule. OSHA issued its first citation Nov. 8, 2017, and through the end of the year cited just 20 violations. Fifty violations were cited in February and 19 in March. Eighty percent of the cases were classified as serious violations. The rest were for other-than-serious violations because they were not an immediate threat to workers. Although OSHA can propose serious violation fines as high as $12,934, the highest proposed penalty was $9,239, which decreased to $6,929 through an informal settlement. For the past several months, the NRCA has been conducting personal breathing zone sampling on roofing job sites where silica may be present to assess worker exposures to respirable crystalline silica (RCS). This effort is intended to establish roofing industry objective data that contractors can rely on, particularly when performing tasks not listed in Table 1 of OSHA's regulation. Industry objective data can relieve contractors from the expense of conducting their own sampling if the tasks being undertaken are similar to those found in the objective data. In the majority of sampling conducted on asphalt shingle, polymer-modified bitumen and built-up roof tear-offs and installations, exposures not only were below the permissible exposure limit (PEL) but also below the action level and in many instances below the limit of detection. Levels of total respirable dust also were well below the OSHA PEL. In addition, sampling was performed on tasks such as drilling into concrete or masonry for fastener attachment, cutting and fastening gypsum roof boards, and installation and removal of roof gravel or ballast—all with equally positive results. We will continue to report the results of additional testing, educational and advocacy efforts with the NRCA.

Page 8: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

OSHA Proposes Targeting "High-Risk" Workplaces For Inspections . . . Occupational Safety and Health Administration (OSHA) inspectors propose targeting "high-risk" workplaces in fiscal year 2019, which would mean fewer inspections in less hazardous industries, according to Bloomberg BNA. OSHA's enforcement plan in the White House budget request says it would conduct 30,840 inspections in fiscal year 2019, which is down from 32,396 inspections in 2017 and would be the fewest inspections since at least 1996. Worker advocates say this is "creating a false choice" between inspecting high-risk job sites or maintaining overall inspection numbers. Others support the proposal, saying OSHA inspectors won't waste time visiting companies that have few substantial hazards. OSHA likely won't be inspecting a company unless it is covered by an OSHA emphasis program targeting a specific hazard or industry or unless a company's employees complain to OSHA. For the upcoming year, OSHA is asking for $212.7 million for federal enforcement efforts and would add seven enforcement positions. OSHA's move toward increased inspections in high-hazard workplaces began during the Obama administration, when OSHA would measure inspections by using a rating system that would indicate the time and personnel needed to conduct an inspection or whether the hazard or industry was an OSHA priority. OSHA is proposing adding another way to measure its activities in 2019—the OSHA Enforcement Weighting System; details are not available regarding how the system would work.

Safety Considerations for the Application of Silicone Coatings . . .

Page 9: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

~ ROOFMASTER NEWS ~ The October / November 2018 San Diego County Delivery Schedule: October: Monday 10/8 & 10/22 ● November: Monday 11/5 & 11/19

HAPPY HALLOWEEN from and best wishes for a SAFE and successful FALL Roofing Season!

“Safety Does Not Happen by Accident” THANK YOU for your business!

Dan Dallenbach Mobile: 951-217-0838 [email protected]

Page 10: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

Rooftop Reporter Page 5

SB 721 Building Standards: Decks & Balconies: Inspection

Approved by Governor Brown 9/17/18, an act to amend Section 1954 of the Civil Code, and to add Article 2.2 (commencing with Section 17973) to Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, relating to building standards.

This bill would require an inspection of exterior elevated elements and associat-ed waterproofing elements, as defined, including decks and balconies, for buildings with 3 or more multifamily dwelling units by a licensed architect, licensed civil or structural engineer, a building contractor holding specified licenses, or an individual certified as a building inspector or building official, as specified.

The bill would require the inspections, including any necessary testing, to be completed by January 1, 2025, with certain exceptions, and would require subse-quent inspections every 6 years, except as specified. The bill would require the in-spection report to contain specified items and would require that a copy of the in-spection report be presented to the owner of the building within 45 days of the com-pletion of the inspection and would require copies of the reports to be maintained in the building owner’s records for 2 inspection cycles, as specified. The bill would re-quire that if the inspection reveals conditions that pose an immediate hazard to the safety of the occupants, the inspection report be delivered to the owner of the build-ing within 15 days and emergency repairs be undertaken, as specified, with notice given to the local enforcement agency.

For the complete reading click here.

SDRCA Board of Directors

It is that time of year again when we start thinking about forming the Board of Directors for 2019. If you would like to serve on the SDRCA Board of Directors, please let us know.

We are in need of additional contractors to participate and fill the Executive positions on the Board. Per our bylaws, only contractors may serve as President, Vice President, Secre-tary, and Treasurer.

If you would like to nominate someone you feel would be an excellent addition to the SDRCA Board of Directors, we would love to hear from you.

Associate members are also requested to serve on the Board and fill the various commit-tees. Serving is not too time consuming, your ideas and influence in the industry are much needed. We hope you consider serving.

Page 11: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

TORCH SAFETY CERTIFICATION TRAINING Sign up at www.socaltorchsafety.com

Check website for schedule, classes held on Saturdays in San Diego, CA

Page 12: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

Rooftop Reporter Page 6

How Do You Deal With Your Mechanic’s Lien Claim When You Have An Arbitration Clause?

By Kenneth S. Grossbart Abdulaziz, Grossbart & Rudman

A recent California Court of Appeal case reminds us on how parties are to deal with their Mechanic's Lien claims and also reserve their rights to pursue the resolution of their claim in arbitration.

The case of Von Becelaere Venturers, LLC v. Zenovic addressed this very issue. Before I address the facts and holding of this case a brief reminder of a specific portion of the Mechanic's Lien law is warranted.

As most contractors are aware, a Mechanic's Lien is a constitutional right given to contractors and others who improve property. The Civil Code requires a contractor to file a Mechanic's Lien foreclosure action within 90 calendar days of the recording date of the Mechanic's Lien. Failure to file a lawsuit to foreclose upon the lien within the 90 calendar days will preclude the contractor from being able to seek foreclosure of the lien. The Mechanic's Lien is of such importance, that it would be irresponsible to lose that right. The problem comes with regard to a contract that has an arbitration clause. Many contractors include arbitration clauses in their contract because they would rather resolve the dispute through arbitration as opposed to litigation in the court system.

Because of the fact that it almost always takes more than 90 calendar days to commence your arbitration and complete your arbitration many contractors think that they have to give up their Mechanic's Lien rights in or-der to pursue arbitration. This is not true.

In the Zenovic case, the Court of Appeal gave a strict interpretation to Code of Civil Procedure §128.15. The Court of Appeal found that the contractor attempting to enforce its lien rights waives its rights to arbitration unless at the time of the filing of its complaint to foreclose on the Mechanic's Lien, the contractor either re-serves its rights to compel arbitration and then does so within 30 days of the filing of the complaint or simulta-neously to filing the complaint to foreclose on the Mechanic's Lien files a motion with the court asking the court to stay the Mechanic's Lien action and compel arbitration. In Zenovic, the contractor failed to follow these simple steps and as a result was unable to pursue its claim in arbitration.

In the Zenovic case, the Court of Appeal gave a strict interpretation to Code of Civil Procedure §128.15. The Court of Appeal found that the contractor attempting to enforce its lien rights waives its rights to arbitration unless at the time of the filing of its complaint to foreclose on the Mechanic's Lien, the contractor either re-serves its rights to compel arbitration and then does so within 30 days of the filing of the complaint or simulta-neously to filing the complaint to foreclose on the Mechanic's Lien files a motion with the court asking the court to stay the Mechanic's Lien action and compel arbitration. In Zenovic, the contractor failed to follow these simple steps and as a result was unable to pursue its claim in arbitration.

The Zenovic facts are common to many construction disputes. Von Becelaere entered into a construction con-tract with Zenovic to construct a single family home in the City of Laguna Beach. When Zenovic did not get paid for the work that they performed, Zenovic recorded a Mechanic's Lien for the money owed to Zenovic. Prior to the expiration of the 90 calendar days, Von Becelaere prepared and filed a construction defect com-plaint in San Diego County. Zenovic filed its own complaint in Orange County seeking to foreclose upon its Mechanic's Lie, among other causes of action. The Zenovic complaint did not include the simultaneous filing of a motion to compel arbitration nor the reservation language required by Code of Civil Procedure §1281.5. Approximately a month into the Zenovic lawsuit, Zenovic attempted to compel arbitration in the San Diego case filed by Von Becelaere. The trial court denied Zenovic's petition claiming that Zenovic waived the right to compel arbitration by failing to adhere to the requirements of §1281.5 when filing its Orange County action.

Continued Next Page

Page 13: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

Rooftop Reporter Page 7

How Do You Deal With Your Mechanic’s Lien Claim When You Have An Arbitration Clause?

By Kenneth S. Grossbart Abdulaziz, Grossbart & Rudman

Continued

Zenovic appealed the San Diego County ruling arguing that Zenovic did not waive its right to arbitration in the San Diego case because the San Diego case did not include a Mechanic's Lien action which Zenovic claims is the type of action that triggers §1281.5 and the requirement of either filing a petition to compel arbitration or reserving the rights to arbitration. The Court of Appeal disagreed with the arguments in Zenovic stating in pertinent part that §1281.5(a) provides for a waiver of your arbitration rights of "any right of arbitration the person may have." The Court of Appeal concluded that Zenovic had a right of arbitration and the fact that they filed their Orange County lawsuit with-out petitioning the court or reserving their rights acted as a waiver of its right to arbitration. The area of construction law can and often is a complicated area of law. When you start looking at Mechanic's Liens, Stop Notices, Bond Claims, it can become even more complicated. A Mechanic's Lien is a substantial right given to contractors. It provides contractors with the ability to have a pre judgment attachment and be-cause all of these points and others, the law gives contractors a very short timetable within which to act upon their Mechanic's Lien. It is because of these points and others, that contractors and others who have Mechanic's Liens rights must act quickly and must follow the strict interpretation of the law.

Download a PDF Copy of HOW DO YOU DEAL WITH YOUR MECHANIC'S LIEN CLAIM WHEN YOU HAVE AN ARBITRATION CLAUSE?  

 

Kenneth Grossbart is recognized as one of the foremost authorities in California con-struction law. Over the past 35 years, Ken has become a respected speaker on Mechanic's Liens and other construction related issues.

Abdulaziz, Grossbart & Rudman provides this information as a service to its friends & clients and it does not establish an attorney-client relationship with the reader. This doc-ument is of a general nature and is not a substitute for legal advice. Since laws change frequently, contact an attorney before using this information.

Ken Grossbart can be reached at Abdulaziz, Grossbart & Rudman:

(818) 760-2000 or by E-Mail at [email protected], or at www.agrlaw.com  

Page 14: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

750 Monterey Pass Road Monterey Park, CA 91754-3668

P: (800) 421-6174 | F: (800) 409-7663 | Website: www.roofmaster.com

DAN DALLENBACH | M: (951) 217-0838 | Email: [email protected]

SUMMER 2018 $PECIAL$ SDRCA (Valid 07/01/2018-09/30/2018)

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#10 White Rags $20.50

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4 Wheel Trailer $905.00 / $1,365.00

[P/N 505400 Regular / 505437 NFL Tires]

Roofmaster Ripper

$46.00 [P/N 350920]

The Original Alum Feltlayer $2,695.00 / $2,825.00

[P/N 514000 Regular / 514020 NFL Tires]

Roofmaster Flashing Paint $5.99/can

(60 can minimum)

Perimeter Clamp System $560.00

[P/N 295901; 4 clamps & 4 stanchions]

Questions about DRAINS? http://drains.roofmaster.com/

.

Leister Uniroof AT 120V $5,195.00 [P/N 774555]

Knives / Blades $3.10 / $2.65

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Page 15: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

Rooftop Reporter Page 8

Certified Contractor Program

A. Community Service – At least 2 community service projects must be performed annually, or, participate in the SDRCA Annual Build-A-Roof project.

B. Association Participation - Each member must attend at least half of the SDRCA Dinner Meetings held each calendar year.

C. Education - Each member must attend at least 4 industry educational programs, seminars, or trainings. D. Safety - Each member must attend at least two (2) of the safety programs provided by the SDRCA, or, provide evidence of the member’s safety program. The SDRCA keeps attendance records for our Dinner Meetings so there is no need to submit the attendance to achieve item B. If you participate in the SDRCA Build-A-Roof you do not need to submit any information to achieve item A. Please submit any documentation on educational programs you or your employees have attended to achieve item C. Please submit a brief summary of your safety program to achieve item D. The SDRCA will provide you with professional quality glossy inserts for your bid packets or to use as you see fit. The inserts are designed to inform your potential customer of your commitment to the roofing indus-try, your commitment to best business practices, and your commitment to community service in San Diego. If you have any questions, please contact the SDRCA office.

In order for our contractor members to achieve Certified status, they must meet the following criteria each calendar year.

Page 16: October 2018 Newsletter - SDRCA 2018 Newsletter.pdf · While working with Canine Companions, the SDRCA discovered that Canine Companions had numerous roof leaks at their Oceanside

2017 Board of Directors

Eric Richardson, President JP McEvenue, Vice President Troy Parrott, Sec/Tres.

Roofing Specialists of San Diego Semper Solaris San Diego County Roofing

Dennis Parra II, Director Gary Gilmore, Director Patricia Mosteller, Director

Parra Building Consultants SG Wholesale Pacific United Insurance

Cindy Molina, Director Dawn Shaw, Director Dan Dallenbach, Director

RSI Roofing Eagle Roofing Products Roofmaster Products

Jacob Synecky, Director Fred Bouman, Immediate Past President

GAF RSI Roofing

Thank You to the 2018 Advocate Sponsors

Diamond Emerald Pearl

SDRCA Contact Information

PO Box 1328, Solana Beach, CA 92075

888-825-0621 Phone/Fax, [email protected], www.SDRCA.com

The SDRCA wishes to Thank our contributing Sponsors. The ability to bring ongoing, valuable educational, social and professional benefits and training is dependent upon our sponsors. We look forward to the new spon-sorships and training opportunities 2018 will bring our members.


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