WestCon Tribune

October 2007

NEW MEMBERS

Westcon would like to welcome the following new members:

Onne Broek is an associate member from Posard Broek + Associates, an architecture, construction and project management firm. He is responsible for forensic inspections and construction related projects, including project management, construction management, scheduling, construction estimate preparation, site inspections and evaluations. His expertise is in code and materials review, the development and management of remedial design recommendations utilized for cost estimating for litigation support repair, and Design/Build applications.

Scott Burke is a Senior Estimator with Draeger Construction Roofing and Painting. His expertise is in destructive testing, cost of repairs, estimating for litigation and expert witness testimony.

Richard Melbostad joins as an associate member coming from the firm of Weir/Andrewson Associates. He is a licensed contractor and construction consultant specializing in building technology, construction litigation and construction management.

Steven Rush with On-Site Inspections, Inc. in San Francisco has over 17 years of experience in home inspection. He is also a litigation consultant/witness, educator of consumers on property and termite inspections and educator of realtors on risk management. Mr. Rush is a licensed general contractor, a licensed branch III Structural Pest Control Operator, ICC Residential Combination Inspector and OES Safety assessment evaluator.

Please join us in welcoming these new members and helping them become involved in the organization.

GLENN STRONG

Westcon would like to recognize long time member Glenn Strong who passed away recently. Glenn was a well known personality in the group and a respected member of the construction industry. He made many contributions to the construction forensic industry. His lively presence will be missed.

Attorney Insights Will Highlight Fall Program at FEWA,

San Francisco Chapter

Wednesday, November 14, 2007 6 PM.

Stanford Park Hotel, Menlo Park, CA

What's The Expert Got To Do With It?
(Some Personal Observations On The Use and Misuse of Expert Witnesses)

Speaker: John W. Elliott, Managing Partner, Elliott and Elliott law firm, San Jose, CA

¬ The Role of the Expert in the Three Stages of Litigation Preparation, Negotiation, Trial.

¬ What lawyers Ought, and Ought Not, Shop For in an Expert

¬ Experience. Cleverness or clarity. A piece of the puzzle.

¬ What's All This Going to Cost Us?

The San Francisco Chapter of FEWA (Forensic Expert Witness Association) features a leading attorney and his insights on the world of expert witness work.

John Elliott is a principal and founding partner of Elliott & Elliott, a San Jose law firm that specializes in a litigation and trial practice in a number of areas including major construction defect and product liability matters, insurance coverage, and bad faith, commercial, and environmental litigation.

He has practiced law for some 30 years in the Bay Area and throughout California. He graduated magna cum laude with a B.A. from Claremont McKenna College, and continued at Harvard University on a Rockefeller Fellowship. He received his law degree in 1974 from Stanford University and was admitted to the California State Bar that same year. He is a member of the Santa Clara County and American Bar Association as well as the California State Bar.

Westcon members wishing to attend can call (888) 322-3231 or (949) 640-9903 or send an email reservation to info@forensic.org. Westcon members mentioning Director Mark Hunter's name will receive the FEWA membership price of $45 for the dinner meeting. Dinner can be paid by phone with a credit card or with cash, check or credit card at the door. For additional information, visit www.Forensic.org.

Presidential Adventure

If  you missed the last meeting, you knew that our Board President, Jim Strong, was absent. Jim was on vacation making headlines - an adventure with a happy ending:

Oakland Hiker Found In Olympic National Park

(AP) Port Angeles, Wash. - The search for an Oakland man who did not return from a seven-day, off-trail trip in Olympic National Park in Washington ended Wednesday when a search helicopter spotted him, park officials announced.

James Christian Strong, 60, planned the trip through the Bailey Range section of the park, located west of the Seattle area near the Olympic Peninusla. The area is known to be rugged and remote without marked trails, according to park spokeswoman Barb Maynes.

Strong left September 10th and planned to return Sunday but did not. Hikers who had also traveled the Bailey Range reported unfavorable weather conditions that slowed hiking trips, so park officials did not begin an extensive until Wednesday morning.

A search helicopter spotted Strong, safe and alive, at about 12:30pm. Strong is described as a safety conscious hiker who carefullly mapped his itinerary for the solo hike, according to Maynes.

CSLB ARBITRATION -

A USEFUL TOOL TO RESOLVE PROBLEMS

If a disgruntled customer has filed a complaint against you and you can't find a common ground , you might want to take a closer look at the CSLB's arbitration program.

The CSLB is available to help resolve complaints at the earliest possible stage. When a complaint is filed against a licensee, the CSLB first contacts both parties to see if the problem can be cleared up. If this doesnÕt work, the arbitration can become a very useful tool to resolve the complaint and avoid costly court actions.

The biggest advantages of using CSLB-sponsored arbitration are cost, speed and ease of use:

  ¥ Arbitration is free. The CSLB pays the cost of the program;

  ¥ Arbitration is fast. It takes approximately 120 days to resolve a dispute; and

  ¥ Arbitration provides an informal setting to resolve a dispute.

  ¥ There are other advantages as well:

  ¥ Arbitration is binding

The Superior Court can enforce the arbitration award. If the contractor fails to comply with the award, his/her license will be suspended. If the contractor doesnÕt comply with the award after one year, the license will be revoked.

The CSLB administers two arbitration programs: Mandatory program for disputes involving alleged damages of $7,500 and $50,000.

In order to qualify for CSLB arbitration, disputes must comply with certain criteria. The contractor's license must be in good standing at the time of the alleged violation, the contractor cannot have a record of prior violations, and the parties cannot have previously agreed to private arbitration in the contract or elsewhere.

Of the 804 proceedings heard by the CSLBÕs arbitration contractor, Arbitration Mediation Conciliation Center (AMCC) in 2006, 595 were mandatory and 209 were voluntary. AMCCÕs overall satisfaction rating was 95%.

New California Building Standards Code to Take Effect in January

The California Building Standards Commission released its long-awaited publication of the stateÕs new building standards in July, culminating an intense two-year effort. The new code becomes effective for Californians on January, 1 2008, and includes improved standards for safe building, fire prevention, access for persons with disabilities, and energy efficiency. It also paves the way for further advances, particularly development of cutting-edge green building standards to meet the challenges of global warming.

The new California Building standards Code contains twelve parts that incorporate public health, life safety, and general welfare standards used in the design and construction of buildings in California. For more information visit www.bsc.ca.gov.

UPCOMING EVENTS

Wednesday,

October 24, 2007

CSI West Region Conference

Pasadena, CA

Thursday

November 1, 2007

Westcon SymposiumPlaza & Deck Waterproofing

Golded Gate Fields, Albany, CA

Wednesday,

January 16, 2008

Westcon Dinner Meeting

Encinal Yacht Club,

Alameda

Wednesday,

November 14, 2007

Forensic Expert Witness Association

Dinner Meeting

Stanford Park Hotel

Menlo Park, CA

IDEAS? If you would like to give a presentation to Westcon, or have ideas or topics you would like discussed, please notify Fred Field, Program Director at (415) 485–5882. All suggestions are welcome!

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