WestCon Tribune

February 1998

The January meeting on "Demonstrative Evidence" was presented by speakers Chris Nelson, a Westcon Member and roofing and waterproofing expert from Technical Roof Services, and attorney Paul Lahaderne of the law firm Sedgwick, Detert, Moran and Arnold in San Francisco. Mr. Nelson was consulting expert for the developer. Attorney Lahaderne was the developer's attorney and lead attorney for the defense in the case regarding Montgomery Washington Tower in San Francisco.

The demonstrative evidence was presented in model form showing the actual construction by use of faux concrete, travertine and specially made door and window sections. One of the major problems in using these models was being aware of limited access into the courtroom and the elevators. All these considerations were apparent as we assembled and disassembled the models for our meeting. The efforts of Chris Nelson are greatly appreciated. The only short coming was that there was not more time available to walk around, see and touch the models.

The presentation was introduced by Mr. Nelson and after an overview of the building in general, he explained how, in so many ways, the model was used to illustrate point after point. A major advantage was that as each specific aspect and area of the model was presented, the prior points and areas discussed were still visible thus creating an inter-relationship which became a single visualization.

Attorney Lahaderne continued with how well received the model was and how the concept of making the model was initially a difficult idea to "sell". As the model became a reality, more support was generated. In retrospect, the cost was considered well spent and as the cost of the model was split among the defense parties, it was even more reasonable. According to Mr. Lahaderne, the model assisted in the jury's understanding of the case and contributed to the positive outcome for his client.

A question and answer period followed producing some very interesting dialog. Westcon had over ten members and experts participating in capacities for both plaintiff and defense. If you didn't have the opportunity to speak after the presentation, remember, that we have a Letter tot the Editor that is always available to you.

FEBRUARY MEETING: EXPERT OR ADVOCATE?

SPEAKER: JERRY WEISBACH, ESQ.

I can't think of too many attorneys who are Fellows in the A.I.A. can you?

Our speaker for the month of February, Gerald Weisbach is just one of those architects who has obtained that rank of Fellow. He comes to us tonight as an attorney to help us find our place as experts. Jerry is with the law firm of Long and Levit in San Francisco. He and his firm represented Kaplan, Mclaughlin and Diaz, the architects for Montgomery Washington Tower - the subject of our last month's meeting "Demonstrative Evidence".

Jerry's success as an architect would have quieted a lesser soul. He and his architectural partnership, Weisbach, Boutmy and Silver, were an award-winning design firm for many years going back to the late 1950's. In the late 1960's, Jerry joined BSD and was heavily involved in design of building systems. In 1973 Jerry journeyed south to the land of the Trojans, becoming the Dean of the School of Architecture and the University of Southern California -- not bad for a University of California Berkeley graduate!

Jerry has been a lecturer over many years and has spoken at a number of Universities including, UCLA, USC, UC Berkeley, was a Senior Lecturer at the University College, Bartlett School of Architecture in London and has numerous publications and presentations to his credit. He is also a member of the Construction Industry Advisory Committee of the American Arbitration Association and the American Arbitration Association Construction Panel.

Combining UC Berkeley and USC is as challenging as careers in law and architecture. Anyone who can meet these challenges has to be entertaining!

CALENDAR OF UPCOMING EVENTS:

MARCH 11th - CSI PROFAIR Concourse Exhibit Hall 8th Street and Brannan San Francisco, CA 1:00 pm - 7:00 pm

APRIL 5 - 9 - Roof Consultants Institute 13th Annual Convention and Trade Show Dallas, Texas Contact : Lori Laston (919) 859-0742

APRIL 18 - 19 - Third Symposium on Water Problems in Building Exterior Walls: Ebaluation, Prevention and Repair Atlanta, GA Info: (312) 663-5600

APRIL 19 - 21 - Association of Wall and Ceiling Industries International Annual Convention and Trade Show Reno, NV Info: (703) 534-8300

APRIL 19 - 22 - American Subcontractors Association Annual Convention RENO, NV INFO: (703)684-3450

MAY 14 -17 - American Institute of Architects National Convention and Expo98 Moscone ConventionCenter San Francisco, CA Info: (202) 626-7395

ELECTRICALLY SPEAKING

Electrical systems that fail start fires, exasperate building fires, kill and maim people. 41,500 fires, leading to 323 civilian deaths, 1,513 civilian injuries and $614.5 million dollars in property damage were attributed to electrical distribution equipment in U.S. homes between 1990 and 1994.

Therefore, we must place electrical systems high on the priority list of construction defects. Building envelopes that leak, improperly nailed shear walls, and soils problems are problematic, but electrical defects are silent killers.

What is the root cause of electrical defects? The investigations that I have personally performed over the past eight years in conjunction with my twenty nine years of electrical contracting leaves me with a multi-faceted answer. Electrical defects are caused by:

1.) A lack of education in the field of electrical theory.(What is electrical theory and how does it work.)

2.) A lack of education in the field of material installations. (Why manufacturers provide installation instructions and have their products listed by testing laboratories.)

3.) A lack of education in the interpretation and application of the National Electrical Code and its cyclical changes.

4.) A lack of respect for the deadly power that electrical systems possess. (Yes, 110 volts can kill you!)

Who are the contributing parties and what are the consequences? I could create a laundry list, but the purpose in writing this article is to address only one of the prime contributors. My credentials allow me to state that if only properly theory educated, field trained, and licensed career electricians were allowed to perform installations, electrical construction defects would drastically decrease. Unfortunately, in California, there are no license requirements for electricians. Not everyone is trained via a union or a recognized career training center. Consequently we have what I call "installers" rather than professional electricians. I view installers as one of the prime contributors.

Installers are persons who are hired off of the street and are shown how to do a specific task. An example would be to mount electrical boxes where he/she sees a red X on the framing stud. Does this person understand the National Electrical Code requirements for mounting of electrical boxes? No. Does this person understand listing and labeling from testing laboratories? No. Does this person know anything about fire rated or sound walls? No. Does this person know anything about electricity and the hazards that can be attributed to faulty installations? No.

Consequently, the work of these "installers" results in installations that are not in compliance with code requirements and present life safety issues. If not recognized by the employer or the local building inspectors, the faulty installation becomes a part of the completed electrical system. An electrical system that is a virtual time bomb.

Ironically, these installers, who are hired and fired as the job load increases and decreases, are never cognizant of the repercussions of their faulty work. How many times have we heard someone say, "I have been installing it that way for 35 years and no one has complained before"?

The only solution I see to this dilemma is to educate, educate and educate from the bottom of the construction spectrum to the top of the ivory tower.

To the Members:

In order to make this publication better, I need your help.

The Westcon Tribune is a great medium for members to receive and share information. The difficult part for me is that I don't always know what that information might be! What do you want to see in The Tribune? Is there a particular service it can provide? Could there be a way for it to serve you better?

If you have articles you have written or would like to write, information you feel would benefit your group and people in the industry, updates or announcements that are of interest to Westcon, please fax them to Rikki at (415) 451-4897 or call me at the same number. I would like to make this newsletter valuable for you. Items will be printed as space allows but I will do my best to get as much information to you as possible.

I openly welcome any suggestions or ideas you may have to improve any aspect of this publication. Since I am a "rookie" at this point I feel I can only get better with your coaching and help. Thank You!!

C.S.I. PROFAIR

ANOTHER REMINDER!

The C.S.I. Profair is right around the corner -- March 11th from 1:00 pm to 7:00 pm. Volunteers are still needed to attend the booth as well as for setting up and breaking down. This is a great way to meet other professionals in the industry. If you would like to help, please contact Fred Field.

We hope all of you will be there taking advantage of the exhibits and exciting presentations of construction products, technology and services for the building professionals, showings by selected California artists and the free buffet and no-host bars.

FEBRUARY MENU

A. Veal Marsala

B. Chicken Picata

C. Vegetarian Crepes

Names of those attending: ___________________________________________________ ___________________________________________________ ___________________________________________________

Please put names and menu choices of those attending and mail or fax your reservation to: Rikki Field, Administrative Services Box 305 Ross, CA 94957 (415) 451-4897

Cost is $30 per member or invitee ($35 late fee) and $15 per first time guest. Reservations must be received by February 13th, 1998, after which the late fee will apply. Clarifications "GUEST": intended for a first time introduction to Westcon (February meeting limited to one guest.)