Safety and Legal Issues Section 8. Safety On The Job Site +Crawl Spaces +Demolition work +Drilling...

Safety and Legal Safety and Legal IssuesIssues

Safety and Legal Safety and Legal IssuesIssues

Section 8Section 8

Safety On The Job SiteSafety On The Job Site

Crawl SpacesCrawl Spaces

Demolition workDemolition work

Drilling wood / concreteDrilling wood / concrete

Adhesive anchor useAdhesive anchor use

Hard hatsHard hats

GlovesGloves

Use a Use a respiratorespirato

r if r if needed—needed—

not a not a dust dust maskmask

Do Not Disturb Do Not Disturb AsbestosAsbestos

Heating duct with asbestos insulation

Legal Legal PerspectivesPerspectives


-Earthquake Basics--Earthquake Basics-

Contractor Legally Contractor Legally ResponsibleResponsible

Damages resulting from Damages resulting from negligencenegligence

Basic contractor standard of careBasic contractor standard of care applicable lawapplicable law code provisionscode provisions regulations, industry standard regulations, industry standard

of careof care contract, plans, specificationscontract, plans, specifications

Duty to Understand Duty to Understand Earthquake ForcesEarthquake Forces

Base shearBase shear

Earthquake overturning Earthquake overturning forcesforces

Lack of stability imposedLack of stability imposed

Torsional rotationTorsional rotation

Contractor must Contractor must understand methods understand methods

to minimize to minimize earthquake failureearthquake failure

Shear wallsShear walls

Brace frame methodsBrace frame methods

Rigid frame methodsRigid frame methods

Prescriptive vs. Prescriptive vs. EngineeredEngineered

Check with local Check with local building dept. for building dept. for prescriptive standardsprescriptive standards

When in doubt, consult When in doubt, consult design professionaldesign professional

Goal of RetrofitGoal of Retrofit

NOT an “earthquake proof NOT an “earthquake proof home”home”

IS for improved safety and IS for improved safety and performance of home during performance of home during earthquakeearthquake

Pre-construction Pre-construction MeetingMeeting

Useful toolUseful tool

May be requiredMay be required

PurposePurpose review plansreview plans ensure consistency of code ensure consistency of code

interpretationsinterpretations ensure adequacy and ensure adequacy and

sufficiency of plan detailssufficiency of plan details

Statute of LimitationsStatute of Limitations

3-yr3-yr: construction defects following : construction defects following time that owner knew that property time that owner knew that property was damagedwas damaged

2-yr2-yr: errors in design: errors in design

4-yr4-yr: breach of construction : breach of construction contractcontract

10-yr10-yr: “latent”, undiscoverable : “latent”, undiscoverable defectsdefects



-Shear Walls--Shear Walls-


Keep up-to-date on engineering Keep up-to-date on engineering knowledge and construction knowledge and construction practicepractice

Evolving standards of practiceEvolving standards of practice

Building code often follows Building code often follows standard of practicestandard of practice

Use Prescribed Use Prescribed DimensionsDimensions

Do not deviate without approvalDo not deviate without approval Don’t change length or locationDon’t change length or location Don’t change nail size or spacingDon’t change nail size or spacing

If can’t be installed as specified, call If can’t be installed as specified, call design professionaldesign professional

Document all changes and Document all changes and communicationscommunications

CoordinationCoordination

Contractor is responsible for Contractor is responsible for coordination of tradescoordination of trades

Do not allow un-permitted Do not allow un-permitted plumbing or electric through plumbing or electric through shear wallsshear walls

Use Specified Use Specified MaterialsMaterials

Sheathing MaterialSheathing Material

FastenersFasteners

NailsNails

Quality SupervisionQuality Supervision

Piecework compensation can Piecework compensation can result in poor quality workresult in poor quality work

Quality supervision is important Quality supervision is important for contractor liabilityfor contractor liability

Nailing patterns is big source of Nailing patterns is big source of liability for contractorsliability for contractors



-Connections--Connections-


No substitutions of lag screws for No substitutions of lag screws for through boltsthrough bolts

Beware of non-standard framingBeware of non-standard framing

Use proper anchor bolt assemblyUse proper anchor bolt assembly

Protect workers from fumesProtect workers from fumes



-Foundations--Foundations-

Effective Effective Communication Communication When When Observe Conditions Not in Observe Conditions Not in

Scope of WorkScope of Work

Water or plumbing leaksWater or plumbing leaks

Drainage problemsDrainage problems

Termites or wood rotTermites or wood rot

Split bottom framing Split bottom framing membersmembers

Pre-Job Walk ThroughPre-Job Walk Through

Before bid on jobBefore bid on job

If fail to communicate If fail to communicate observed conditions, observed conditions, contractors risk liabilitycontractors risk liability

Exclude conditions from Exclude conditions from contract or include as change contract or include as change orderorder

Legal Standards & Legal Standards & Manufacturers’ SpecsManufacturers’ Specs

Standards of care can include Standards of care can include manufacturers’ instructionsmanufacturers’ instructions

ImportantImportant

Continuity of FoundationContinuity of Foundation

ShoringShoring

Concrete QualityConcrete Quality



Non-Structural Non-Structural ElementsElements

Contractor Should NOT take Contractor Should NOT take Responsibility for Responsibility for RecommendingRecommending

Carport cover Carport cover bracingbracing

Water heater Water heater bracingbracing

Tank bracingTank bracing

Veneer Veneer selectionselection

Chimney Chimney bracingbracing

Other bracingOther bracing

Legal IssuesLegal IssuesLegal IssuesLegal Issues

A Contractor’s Legal A Contractor’s Legal Relationship with Relationship with

the Customerthe Customer

Basic Legal ConceptsBasic Legal Concepts

CommunicationsCommunications

Owner’s concernsOwner’s concerns

Contractor’s liabilityContractor’s liability

Contract, plan, permitsContract, plan, permits

Tracking workTracking work

CommunicationsCommunications

Communicate and Coordinate:Communicate and Coordinate: CustomerCustomer Subcontractors & workersSubcontractors & workers Building DepartmentBuilding Department SuppliersSuppliers Design professionalDesign professional

Keep accurate recordsKeep accurate records

Owner’s ConcernsOwner’s Concerns

What they expectWhat they expect Clear scope of workClear scope of work Set limits on contractor’s Set limits on contractor’s

responsibilitiesresponsibilities

Homeowner’s primary concernsHomeowner’s primary concerns MoneyMoney DisruptionDisruption TimeTime

MoneyMoney

Retrofitting for safety Retrofitting for safety concerns or obligationconcerns or obligation

Will get competitive bidsWill get competitive bids

Do NOT low-ball…. unlikely to Do NOT low-ball…. unlikely to have money for change have money for change ordersorders

DisruptionsDisruptions

Let customer know if & when Let customer know if & when expectedexpected

Make arrangements with Make arrangements with customer BEFORE disruptions customer BEFORE disruptions occuroccur

ScheduleSchedule

State clearly projected timelineState clearly projected timeline

Make sure owner understandsMake sure owner understands

Let owner know Let owner know IN ADVANCEIN ADVANCE of of possible delayspossible delays

BackgroundBackground

Provide referencesProvide references

Proof of bonding and insuranceProof of bonding and insurance

Contractor’s license numberContractor’s license number

Limiting Contractor’s Limiting Contractor’s LiabilityLiability

Why?Why? People ready to suePeople ready to sue Make sure of paperwork for protectionMake sure of paperwork for protection

How?How? Liability Insurance Liability Insurance

Contracts…..Contracts…..

Why are contacts Why are contacts important?important?

State what will be doneState what will be done

How much will be paid for workHow much will be paid for work

Without it, difficult to be paid for Without it, difficult to be paid for work outside the scope of workwork outside the scope of work

Contracts….Contracts….Key Key componentscomponents

Scope of WorkScope of Work

Termination OptionsTermination Options

Exculpatory ProvisionsExculpatory Provisions

Liability ResolutionLiability Resolution

Additional WorkAdditional Work

Contracts….Contracts….Scope of Scope of WorkWork

Most important part of contractMost important part of contract

Refer to plans, specs, and codesRefer to plans, specs, and codes

Clearly state what is NOT in Clearly state what is NOT in contractcontract

Exclusions ARE importantExclusions ARE important

Contracts…Contracts…Termination Termination OptionsOptions

State when and why contractor State when and why contractor may terminate contractmay terminate contract Failure to pay progress paymentsFailure to pay progress payments Undue interruption & interferenceUndue interruption & interference Similar circumstancesSimilar circumstances

Contracts….Contracts…. Exculpatory Exculpatory ProvisionsProvisions

Relieves contractor from liability Relieves contractor from liability for existing conditions on site for existing conditions on site that are not part of scope of that are not part of scope of

workwork

Liability RevolutionLiability Revolution

Expansion of construction defect Expansion of construction defect claims against contractorsclaims against contractors

Inadequate framing, plumbing & roof workInadequate framing, plumbing & roof work Poor soil workPoor soil work Improper window installationImproper window installation WaterproofingWaterproofing

Include provision: No responsibility Include provision: No responsibility for existing conditions uncovered for existing conditions uncovered while performing workwhile performing work

Contracts….Contracts….Additional Additional WorkWork

Retrofit often involves conditions Retrofit often involves conditions of poor previous constructionof poor previous construction

Make clear that owner responsible Make clear that owner responsible for work due to unforeseen for work due to unforeseen circumstances: circumstances:

If increases scope of workIf increases scope of work If owner request additional workIf owner request additional work If necessitated by hidden pre-existing If necessitated by hidden pre-existing

conditionsconditions

Contracts….Contracts….Key Key ProvisionsProvisions

Scope of workScope of work

Time to complete projectTime to complete project

Price and payment schedulePrice and payment schedule

Subcontractor’s namesSubcontractor’s names

Change order provisionsChange order provisions

Termination provisionsTermination provisions

What Else?What Else?

Have a good set of plansHave a good set of plans

Have a building permitHave a building permit

Keep track of the work in Keep track of the work in writingwriting

Get help when needed Get help when needed

WarrantiesWarranties

Do NOT guarantee an Do NOT guarantee an “earthquake-proof” building“earthquake-proof” building

Will protect occupantsWill protect occupants

Should reduce seismic damageShould reduce seismic damage

Building and contents may still Building and contents may still be substantially damagedbe substantially damaged

WarrantiesWarranties

Typical: 1 year for Typical: 1 year for workmanshipworkmanship

By Law: By Law: 10 yrs: latent defects10 yrs: latent defects 4 yrs: patent defects4 yrs: patent defects 3 yrs: negligence3 yrs: negligence

When Should Contractor When Should Contractor Quit?Quit?

Only if you have a right to do Only if you have a right to do soso

Unresolvable disagreementUnresolvable disagreement

Safety and Legal Issues Section 8. Safety On The Job Site +Crawl Spaces +Demolition work +Drilling...

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Transcript of Safety and Legal Issues Section 8. Safety On The Job Site +Crawl Spaces +Demolition work +Drilling...