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WestCon TribuneSeptember 2002 |
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The Use of Warranties and Written Standards Presented by: David E.
MacLellan, MacLellan Wolfson Associates, Walnut Creek |
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David
MacLellan’s thirty-three year career in home-building covers nearly
all types of housing, including apartments, condominiums, town houses,
mobile home parks, planned-unit developments, semi-custom and custom
homes. He graduated with both Bachelor’s
and Master’s degrees in engineering from Penn State University. He has testified in more than 200 lawsuits
or disputes involving construction defects and has been appointed as
a Superior Court referee on matters of land use and construction defects. Mr. MacLellan is also a fifteen year member
of HBANC’s (Home Builders Association of Northern California)
Eastern Division Board of Directors and a current director of CBIA (California
Building Industry Association). Mr. MacLellan
will be speaking on the subject of written standards as a valuable tool
in residential purchase and construction contracts. His recent book, the California Building
Performance Guidelines for Residential Construction, is used by
the Contractors State License Board and by the Attorney General’s
office for construction dispute resolution.
The California Building Performance Guidelines Manual for Residential
Construction is a set of construction performance guidelines that the
owner of a new home can expect to receive as part of the purchase. The
Manual also contains chapters covering more than 300 conditions relating
to workmanship that have been historic sources of disputes between homeowners
and builders. The Manual comprehensively covers all components and areas
of the House. Each Chapter of the Manual describes specific conditions
common to new homes, the recommended guideline of performance, the Homeowner’s
Responsibility, and the Builder’s Responsibility. One purpose
of the Manual is to level the playing field between a homeowner’s
expectations and the ability of the builder to perform to a standard.
It is intended to become a universal “Reference Book” that
the homeowner will turn to in the event of a problem. The Manual is
a consumer oriented publication written in simple language for the homeowner
to understand. Mr. MacLellan’s
presentation will cover a brief history of construction defect litigation,
warranties, quality control, and written standards in residential construction.
MacLellan Wolfson Associates is a consulting company that serves the construction and real estate industry in California, Arizona, Nevada, Oregon, and Washington. The mission of our Company is to promote and assist in the construction of quality housing and commercial office buildings.
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