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October 2009 | Archives

Chairman's Message — If you are not part of the solution you are part of the problem… Anonymous

In case you haven’t gotten it - CREIA wants your opinions, ideas and assistance to become all that we can be.

CREIA Membership Committee has begun a state wide Membership Drive (for latest details click here members). The following are some prominent reasons why.

As in previous downturned real estate markets many individuals have left the distressed construction trades and other professions to hang out a “Home Inspector” shingle. Inspectors that may be advertising “We meet and exceed CREIA Standards of Practice”. Many of us have found or heard of inspections being performed in “…half the time and for much less than you are charging. Why is that? There are too many Inspectors, throughout the State of California, that are not conducting a reasonably prudent inspection to a professional standard of care.

Whether we want to admit it or not these inspectors are part of our competition. You may like to think that they are not, yet these individuals and their work product shapes the public and Realtor opinions about our profession. Some one told me today they have been seeing TV ads “You too can become a Home Inspector…" Why not, what could be so difficult with using a check list inspection report that practically guides one through an inspection? Unfortunately once an Inspector is conducting 20, 30, 40 plus inspections a month generating. How else could they be doing so many inspections for people that say they are the best if they weren’t good? No one becomes a good inspector quickly or by themselves.

In my humble opinion, CREIA Members have lost market share and its time to take it back.

Do you remember the first few CREIA Meetings you attended? I for one know I was a bit terrified. I had been in the inspection business for a few years longer than most (according to our most recent survey) before coming to my first CREIA Meeting. I had conducted well over a thousand inspections with a franchise company. Coming from a construction background I felt reasonably confident, before I entered the meeting. What a wake up call that was! I couldn’t believe how many things I wasn’t reporting on. I was verbally corrected by Bob Reeds and Peter Walker in front of the group. Having survived the ego shrivel I began an appreciation for CREIA which 17 years later I am writing to you about. This is one of the many reasons I will continue to say that I owe more than I could ever repay to our Association and Membership.

For these reasons and more CREIA’s Membership Committee is asking you all to collect and submit the names and contact information for all Home and Real Estate Inspectors in your area. Our goal is to reach every practicing inspector in California with an invite to join us in our chapter meetings, chapter toolbox education and CREIA Road Show Educational Events. We will be sending them a few eNews also for them to get a real sense of what we are about. We are incentivizing Chapters and Individual CREIA Members to be apart of this drive. Chapter Officers and Members shall welcome our guests in a friendly and open manner. If you and your chapter are not having some good laughs and fun then something isn’t right. Who else is going to laugh at our jokes?

With all that which may be wrong, there is still far more right about our Association. As hard as times have been we are very fortunate to be in our chosen profession. Our association with each other, within CREIA is something to be very grateful about. As always, I welcome any thoughts and feedback you have. I am truly honored to be writing this message.

Bill Parker, CREIA BOD Chairman


Allen Insurance "The" Source for Home Inspector Insurance Since 1992


Click here to learn about OREP Home Inspector E&O Insusrance


Take Your Business to the Next Level! Call TWI Affiliates Training


COA - Casey, O'Malley Associates - The Right Direction


This Issue ...

CREIA Membership Drive Update (Members Only)

The Chinese Drywall Exclusion

Ethics

Technical Article - Expansive Soils Versus Soil Settlement

InspecTest

Off the Net - CREIA Inspector Finder Changing?

Photos - Casey, O'Malley & Associates (COA) Las Vegas Convention

$25 Link Fee

CREIA's Online Calendar

Upcoming CREIA Events

Electrical Seminar with Douglas Hansen

Approved for 8 CECs
When: Friday, October 23, 2009
Where: Vina Robles Winery & Hospitality Center, 3700 Mill Road, Paso Robles, CA 93446 (805) 227-4812
Price: $159 includes coffee & lunch

Are You Confident in Your Knowledge of Residential Electrical?

Have you ever received a call from the fire department inquiring about an inspection you performed? Have you ever had second thoughts about how you called a tap in a main panel? Do you understand why the neutral wires in the subpanel were fried? Is knob and tube wiring okay?

In a recent survey of California home inspectors, the need for more knowledge about Residential Electrical was at the top of the list.

CREIA and Doug Hansen are pleased to announce an education event designed just for you.

At this event you will:
Understand how to inspect a home with the view to reduce the risk of fire. Learn what changes have been made to the electrical code and how that effects your inspection. Learn new rules for the “Fault Brothers” Ground Fault and Arc Fault. Be Able to Visualize what a properly installed panel should look like. Untangle the mysteries of how our electrical systems came into being. Be able to untangle the mystery of multi-wire circuits. And that’s just scratching the surface.

This will be Doug’s only Central California Electrical Seminar in 2009. Seating is available now and will be at the door.

Hosted by the SLO Chapter.

 


"Staying Flush with Recent Changes in Plumbing Codes, New Products and Common Defects" with Michael Casey

Approved for 8 CECs
When: Saturday, November 7, 2009
Where: Doubletree Hotel, 2 Civic Plaza, Carson, CA 90745
Time: 7:30 am (Check-in) Seminar: 8:00 am – 5:00 pm
Price: $159 includes lunch

Staying Flush with Recent Changes in Plumbing Codes, New Products and Common Defects will focus on what you need to know about Backflow Devices, Drains, Pressure Regulators, and Supply. This seminar will cover recent plumbing code changes, newer systems such as PEX and solderless copper fittings, thermal expansion, FVIR water heaters, tankless water heaters, cross-connections, CSST and other favorites.

 


Residential Electric presented by Douglas Hansen

Approved for 8 CECs / 8 MRCs / 0.8 ICC CECs
When: Friday, November 20, 2009
Where: College of San Mateo, 1700 W. Hillsdale Boulevard, San Mateo, CA 94402
Time: 7:30 am (Check-in) Seminar: 8:00 am – 5:00 pm
Price: $159 includes lunch

You Spoke - CREIA Listened! In the recent CREIA membership survey, the most requested educational topic was Residential Electrical.

CREIA is pleased to bring you a special day with nationally recognized expert, Douglas Hansen, in his only Northern California electrical seminar of 2009. Douglas is the author of Electrical Inspections for Existing Dwellings and the primary author of the acclaimed Code Check ® series. He is a licensed contractor and code-certified as a residential combination inspector and commercial electrical inspector. He is a member of the code committee for NFPA 73 – The Standard for Electrical Inspection of Existing Dwellings. For several years, he was the electrical instructor for the College of San Mateo Building Inspection Technology program.

The discussion topics will include NFPA 73 and the potential for inspectors to perform inspections directly geared to reduction of fire losses. Also included are the latest changes to the codes, including new rules for GFCIs, AFCIs, panels, multiwire circuits, and much more. We will discuss historical development of electrical systems and codes, old wiring systems, inspection instruments and techniques, and the unique challenges faced by home inspectors in looking at both old and new dwellings.

Included will be a certificate with 8 CREIA/ASHI CEC's/.8 ICC CEC's.

Sign up early! Whenever Douglas speaks, the house always fills up fast!

 


New Deck Codes – A Seminar to benefit CCHI

Approved for 4 CECs
When: Tuesday, December 15, 2009
Where: Simpson Strong-Tie, 1425 Moonstone, Brea, CA 92821
Time: 7:30 am (Check-in) Seminar: 8:00 am – 12:00 noon
Suggested Donation: $40

 


QUESTIONS?
Contact:   CREIA Meetings meetings@creia.org
800/848-7342

CHINESE DRYWALL UPDATE
AUGUST 2009
by Allison Grant, Esq*

WHY WAS MY HOMEOWNER’S INSURANCE CLAIM DENIED?

While most homeowners’ insurance policies provide dwelling coverage on an all-risk basis, property insurers contend that coverage for Chinese drywall is precluded because of various exclusions contained in their policies.

The most common exclusion relied upon concerns pollution - that is any loss caused by the discharge, dispersal, seepage, migration, release or escape of pollutants (which term is usually defined to include any solid, liquid, gaseous or thermal irritant or contaminant) is excluded. However, the release of sulfur gases in an indoor environment (such as your home) arguably does not constitute the type of traditional environmental pollution contemplated by this exclusion. For this reason, along with several others, the pollution exclusion may not apply to losses caused by Chinese drywall.

There are numerous other exclusions often relied upon by property insurers, including losses caused by faulty or defective construction or defective materials used in construction. Here too, there are reasons why these exclusions may not apply. While the courts have not yet decided these insurance coverage issues, it is important to bear in mind that it is the insurer, not the homeowner, who has the burden of proving the applicability of an exclusion and that any ambiguity will be interpreted against the insurer.

Many homeowners ask whether they should file a claim with their property insurer even though it is a foregone conclusion that their claim will be denied. First, it is not a foregone conclusion as briefly discussed above. Second, without a timely claim, homeowners could lose their rights should the courts determine that Chinese drywall claims are covered. Check your policy regarding reporting requirements and consult an attorney to discuss your particular insurance policy.

FEDERAL CHINESE DRYWALL LITIGATION UPDATE

All Chinese drywall lawsuits filed in federal court have been consolidated for pre-trial and discovery purposes in the United States District Court for the Eastern District of Louisiana under Judge Eldon E. Fallon. In Re: Chinese Manufactured Drywall Products Liability Litigation, MDL No. 2047.

The consolidation of cases will enable a much quicker resolution of all cases, reduce litigation expenses, and help ensure consistent rulings. Towards this end, a Plaintiffs’ Steering Committee (“PSC”) and Defendants’ Steering Committee (“DSC”) have been created, which will be responsible for such things as pre-trial motions, property inspections, profile forms, preservation of evidence, state/federal coordination and discovery.

Inspections: On August 27, 2009, the Court entered a Threshold Inspection Protocol (TIP) to accomplish early property inspections and to facilitate prompt and efficient case management. The purpose of the TIP is to determine whether the property contains Chinese drywall and, if so to:
(a) identify the manufacturer, distributor and installer of the drywall; and
(b) the nature and extent of the impact on the property, including the wiring, air conditioning and plumbing.
The Steering Committees are required to select the first thirty (30) cases for initial inspections by September 2, 2009.

Discovery: The PSC is in the process of drafting a master set of discovery to be served upon the Defendants, which shall be handled on an expedited basis.

Trial: Recognizing the need for homeowners to get relief as soon as possible, Judge Fallon has fast-tracked the cases. Each side is permitted to initially select ten cases in which to conduct discovery. Each side will then select five cases for trial to begin at the end of this year. Each side will have two (2) vetoes so that six (6) cases remain. Five cases will be tried with one standby. These test cases should establish liability and set the framework for all remaining cases.

TO REMEDIATE OR NOT TO REMEDIATE

As there is no approved remediation protocol at this time and, indeed, some “remediated” homes remain reactive and/or problematic, homeowners should think twice before removing any tainted drywall as doing so may not solve your problem and could create an impediment to recovery (i.e., the Defendants will presumably argue spoliation of evidence). At a minimum, please consult with an attorney before attempting any remediation, whether on your own or in cooperation with your builder.

Visit www.chinesedrywall.com to learn more about Chinese drywall. Please send your questions, comments or feedback to: help@chinesedrywall.com

*Allison Grant, Esq., is a partner with the law firm of Shapiro, Blasi, Wasserman & Gora, P.A., in Boca Raton, Florida. (561) 477-7800

*This above content does not constitute legal or any other professional advice, and is not intended to create a professional relationship including, but not limited to, an attorney-client relationship.

Copyright 2009 - Chinese Drywall Marketing, LLC


Page 1


1 | 2 | 3 | 4 | 5 »


EVENTS &
EDUCATION

Click here to go to the CREIA Meeting and Events Calendar


Congratulations!

New Candidates

Kevin S Smith
John Briere
David Warren
Jeffrey M Rocco
Patrick M Rocco
Emmett D Corbin
Thomas A Watson
Kelly Morris
Greg Moderacki
Keith G Law
Ian Souden
Robert Enfield
Garry T Darms
Seth Scartaccini
Wen Chen Guan
Raymond T Tao
Mike Hosseini
Henri B.O. Balla
Oscar A Noriega

New CCIs

Tom Fasold (6/2009)
Jerry J Stambaugh
Lawrence Crawford
Joe Fish
Robert A Taska
Lane F Aebi
Jay F Horstmann
Kelly Morris

 


Visit Ask.CREIA.org


 

 
The CREIA Inspector eNewsThe CREIA Inspector eNewsThe CREIA Inspector eNews
October 2009 | Archives

Chairman's Message — If you are not part of the solution you are part of the problem… Anonymous

In case you haven’t gotten it - CREIA wants your opinions, ideas and assistance to become all that we can be.

CREIA Membership Committee has begun a state wide Membership Drive (for latest details click here members). The following are some prominent reasons why.

As in previous downturned real estate markets many individuals have left the distressed construction trades and other professions to hang out a “Home Inspector” shingle. Inspectors that may be advertising “We meet and exceed CREIA Standards of Practice”. Many of us have found or heard of inspections being performed in “…half the time and for much less than you are charging. Why is that? There are too many Inspectors, throughout the State of California, that are not conducting a reasonably prudent inspection to a professional standard of care.

Whether we want to admit it or not these inspectors are part of our competition. You may like to think that they are not, yet these individuals and their work product shapes the public and Realtor opinions about our profession. Some one told me today they have been seeing TV ads “You too can become a Home Inspector…" Why not, what could be so difficult with using a check list inspection report that practically guides one through an inspection? Unfortunately once an Inspector is conducting 20, 30, 40 plus inspections a month generating. How else could they be doing so many inspections for people that say they are the best if they weren’t good? No one becomes a good inspector quickly or by themselves.

In my humble opinion, CREIA Members have lost market share and its time to take it back.

Do you remember the first few CREIA Meetings you attended? I for one know I was a bit terrified. I had been in the inspection business for a few years longer than most (according to our most recent survey) before coming to my first CREIA Meeting. I had conducted well over a thousand inspections with a franchise company. Coming from a construction background I felt reasonably confident, before I entered the meeting. What a wake up call that was! I couldn’t believe how many things I wasn’t reporting on. I was verbally corrected by Bob Reeds and Peter Walker in front of the group. Having survived the ego shrivel I began an appreciation for CREIA which 17 years later I am writing to you about. This is one of the many reasons I will continue to say that I owe more than I could ever repay to our Association and Membership.

For these reasons and more CREIA’s Membership Committee is asking you all to collect and submit the names and contact information for all Home and Real Estate Inspectors in your area. Our goal is to reach every practicing inspector in California with an invite to join us in our chapter meetings, chapter toolbox education and CREIA Road Show Educational Events. We will be sending them a few eNews also for them to get a real sense of what we are about. We are incentivizing Chapters and Individual CREIA Members to be apart of this drive. Chapter Officers and Members shall welcome our guests in a friendly and open manner. If you and your chapter are not having some good laughs and fun then something isn’t right. Who else is going to laugh at our jokes?

With all that which may be wrong, there is still far more right about our Association. As hard as times have been we are very fortunate to be in our chosen profession. Our association with each other, within CREIA is something to be very grateful about. As always, I welcome any thoughts and feedback you have. I am truly honored to be writing this message.

Bill Parker, CREIA BOD Chairman


Allen Insurance "The" Source for Home Inspector Insurance Since 1992


Click here to learn about OREP Home Inspector E&O Insusrance


Take Your Business to the Next Level! Call TWI Affiliates Training


COA - Casey, O'Malley Associates - The Right Direction


This Issue ...

CREIA Membership Drive Update (Members Only)

The Chinese Drywall Exclusion

Ethics

Technical Article - Expansive Soils Versus Soil Settlement

InspecTest

Off the Net - CREIA Inspector Finder Changing?

Photos - Casey, O'Malley & Associates (COA) Las Vegas Convention

$25 Link Fee

CREIA's Online Calendar

Upcoming CREIA Events

Electrical Seminar with Douglas Hansen

Approved for 8 CECs
When: Friday, October 23, 2009
Where: Vina Robles Winery & Hospitality Center, 3700 Mill Road, Paso Robles, CA 93446 (805) 227-4812
Price: $159 includes coffee & lunch

Are You Confident in Your Knowledge of Residential Electrical?

Have you ever received a call from the fire department inquiring about an inspection you performed? Have you ever had second thoughts about how you called a tap in a main panel? Do you understand why the neutral wires in the subpanel were fried? Is knob and tube wiring okay?

In a recent survey of California home inspectors, the need for more knowledge about Residential Electrical was at the top of the list.

CREIA and Doug Hansen are pleased to announce an education event designed just for you.

At this event you will:
Understand how to inspect a home with the view to reduce the risk of fire. Learn what changes have been made to the electrical code and how that effects your inspection. Learn new rules for the “Fault Brothers” Ground Fault and Arc Fault. Be Able to Visualize what a properly installed panel should look like. Untangle the mysteries of how our electrical systems came into being. Be able to untangle the mystery of multi-wire circuits. And that’s just scratching the surface.

This will be Doug’s only Central California Electrical Seminar in 2009. Seating is available now and will be at the door.

Hosted by the SLO Chapter.

 


"Staying Flush with Recent Changes in Plumbing Codes, New Products and Common Defects" with Michael Casey

Approved for 8 CECs
When: Saturday, November 7, 2009
Where: Doubletree Hotel, 2 Civic Plaza, Carson, CA 90745
Time: 7:30 am (Check-in) Seminar: 8:00 am – 5:00 pm
Price: $159 includes lunch

Staying Flush with Recent Changes in Plumbing Codes, New Products and Common Defects will focus on what you need to know about Backflow Devices, Drains, Pressure Regulators, and Supply. This seminar will cover recent plumbing code changes, newer systems such as PEX and solderless copper fittings, thermal expansion, FVIR water heaters, tankless water heaters, cross-connections, CSST and other favorites.

 


Residential Electric presented by Douglas Hansen

Approved for 8 CECs / 8 MRCs / 0.8 ICC CECs
When: Friday, November 20, 2009
Where: College of San Mateo, 1700 W. Hillsdale Boulevard, San Mateo, CA 94402
Time: 7:30 am (Check-in) Seminar: 8:00 am – 5:00 pm
Price: $159 includes lunch

You Spoke - CREIA Listened! In the recent CREIA membership survey, the most requested educational topic was Residential Electrical.

CREIA is pleased to bring you a special day with nationally recognized expert, Douglas Hansen, in his only Northern California electrical seminar of 2009. Douglas is the author of Electrical Inspections for Existing Dwellings and the primary author of the acclaimed Code Check ® series. He is a licensed contractor and code-certified as a residential combination inspector and commercial electrical inspector. He is a member of the code committee for NFPA 73 – The Standard for Electrical Inspection of Existing Dwellings. For several years, he was the electrical instructor for the College of San Mateo Building Inspection Technology program.

The discussion topics will include NFPA 73 and the potential for inspectors to perform inspections directly geared to reduction of fire losses. Also included are the latest changes to the codes, including new rules for GFCIs, AFCIs, panels, multiwire circuits, and much more. We will discuss historical development of electrical systems and codes, old wiring systems, inspection instruments and techniques, and the unique challenges faced by home inspectors in looking at both old and new dwellings.

Included will be a certificate with 8 CREIA/ASHI CEC's/.8 ICC CEC's.

Sign up early! Whenever Douglas speaks, the house always fills up fast!

 


New Deck Codes – A Seminar to benefit CCHI

Approved for 4 CECs
When: Tuesday, December 15, 2009
Where: Simpson Strong-Tie, 1425 Moonstone, Brea, CA 92821
Time: 7:30 am (Check-in) Seminar: 8:00 am – 12:00 noon
Suggested Donation: $40

 


QUESTIONS?
Contact:   CREIA Meetings meetings@creia.org
800/848-7342

CHINESE DRYWALL UPDATE
AUGUST 2009
by Allison Grant, Esq*

WHY WAS MY HOMEOWNER’S INSURANCE CLAIM DENIED?

While most homeowners’ insurance policies provide dwelling coverage on an all-risk basis, property insurers contend that coverage for Chinese drywall is precluded because of various exclusions contained in their policies.

The most common exclusion relied upon concerns pollution - that is any loss caused by the discharge, dispersal, seepage, migration, release or escape of pollutants (which term is usually defined to include any solid, liquid, gaseous or thermal irritant or contaminant) is excluded. However, the release of sulfur gases in an indoor environment (such as your home) arguably does not constitute the type of traditional environmental pollution contemplated by this exclusion. For this reason, along with several others, the pollution exclusion may not apply to losses caused by Chinese drywall.

There are numerous other exclusions often relied upon by property insurers, including losses caused by faulty or defective construction or defective materials used in construction. Here too, there are reasons why these exclusions may not apply. While the courts have not yet decided these insurance coverage issues, it is important to bear in mind that it is the insurer, not the homeowner, who has the burden of proving the applicability of an exclusion and that any ambiguity will be interpreted against the insurer.

Many homeowners ask whether they should file a claim with their property insurer even though it is a foregone conclusion that their claim will be denied. First, it is not a foregone conclusion as briefly discussed above. Second, without a timely claim, homeowners could lose their rights should the courts determine that Chinese drywall claims are covered. Check your policy regarding reporting requirements and consult an attorney to discuss your particular insurance policy.

FEDERAL CHINESE DRYWALL LITIGATION UPDATE

All Chinese drywall lawsuits filed in federal court have been consolidated for pre-trial and discovery purposes in the United States District Court for the Eastern District of Louisiana under Judge Eldon E. Fallon. In Re: Chinese Manufactured Drywall Products Liability Litigation, MDL No. 2047.

The consolidation of cases will enable a much quicker resolution of all cases, reduce litigation expenses, and help ensure consistent rulings. Towards this end, a Plaintiffs’ Steering Committee (“PSC”) and Defendants’ Steering Committee (“DSC”) have been created, which will be responsible for such things as pre-trial motions, property inspections, profile forms, preservation of evidence, state/federal coordination and discovery.

Inspections: On August 27, 2009, the Court entered a Threshold Inspection Protocol (TIP) to accomplish early property inspections and to facilitate prompt and efficient case management. The purpose of the TIP is to determine whether the property contains Chinese drywall and, if so to:
(a) identify the manufacturer, distributor and installer of the drywall; and
(b) the nature and extent of the impact on the property, including the wiring, air conditioning and plumbing.
The Steering Committees are required to select the first thirty (30) cases for initial inspections by September 2, 2009.

Discovery: The PSC is in the process of drafting a master set of discovery to be served upon the Defendants, which shall be handled on an expedited basis.

Trial: Recognizing the need for homeowners to get relief as soon as possible, Judge Fallon has fast-tracked the cases. Each side is permitted to initially select ten cases in which to conduct discovery. Each side will then select five cases for trial to begin at the end of this year. Each side will have two (2) vetoes so that six (6) cases remain. Five cases will be tried with one standby. These test cases should establish liability and set the framework for all remaining cases.

TO REMEDIATE OR NOT TO REMEDIATE

As there is no approved remediation protocol at this time and, indeed, some “remediated” homes remain reactive and/or problematic, homeowners should think twice before removing any tainted drywall as doing so may not solve your problem and could create an impediment to recovery (i.e., the Defendants will presumably argue spoliation of evidence). At a minimum, please consult with an attorney before attempting any remediation, whether on your own or in cooperation with your builder.

Visit www.chinesedrywall.com to learn more about Chinese drywall. Please send your questions, comments or feedback to: help@chinesedrywall.com

*Allison Grant, Esq., is a partner with the law firm of Shapiro, Blasi, Wasserman & Gora, P.A., in Boca Raton, Florida. (561) 477-7800

*This above content does not constitute legal or any other professional advice, and is not intended to create a professional relationship including, but not limited to, an attorney-client relationship.

Copyright 2009 - Chinese Drywall Marketing, LLC


Page 1


1 | 2 | 3 | 4 | 5 »


EVENTS &
EDUCATION

Click here to go to the CREIA Meeting and Events Calendar


Congratulations!

New Candidates

Kevin S Smith
John Briere
David Warren
Jeffrey M Rocco
Patrick M Rocco
Emmett D Corbin
Thomas A Watson
Kelly Morris
Greg Moderacki
Keith G Law
Ian Souden
Robert Enfield
Garry T Darms
Seth Scartaccini
Wen Chen Guan
Raymond T Tao
Mike Hosseini
Henri B.O. Balla
Oscar A Noriega

New CCIs

Tom Fasold (6/2009)
Jerry J Stambaugh
Lawrence Crawford
Joe Fish
Robert A Taska
Lane F Aebi
Jay F Horstmann
Kelly Morris

 


Visit Ask.CREIA.org


 

 


 

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