Celeste 341 Report post Posted October 20, 2004 Reed, at a minimum you should keep a good line of communication with the HO (at least until you've been served with the lawsuit). If you continue to be as professional as we know you to be, it could not possibly damage your case. I would also keep a dated photo journal with maybe another professional's opinion so if this draws out for many more months, you can still show at what time the wood went beyond repair. Just another .02 worth. Celeste PS - I'll bet if we all sent our .02 to you, we could probably pay for your lawyer! Share this post Link to post Share on other sites
Aplus 525 Report post Posted October 21, 2004 PS - I'll bet if we all sent our .02 to you, we could probably pay for your lawyer! Wow, lawyers must work cheap in the Carolinas!! Share this post Link to post Share on other sites
Celeste 341 Report post Posted October 21, 2004 Welllll, mine all work for me for free but..... Share this post Link to post Share on other sites
timhays 14 Report post Posted October 22, 2004 reed, we have all been scapegoats for one thing or another at one some pojnt in time,even though it is nerve racking to be involved in an ordeal that someone or another thinks your at fault,once you investigate and determine its not your responsibility it is your duty to educate the homeowner as to whats the fault and possibly how to correct. after that i wouldnt carry the stress and guilt to follow. good luck and hang in there Share this post Link to post Share on other sites
reed 500 Report post Posted October 22, 2004 it is your duty to educate the homeowner as to whats the fault Exactly Tim, I printed out and gave the homeonwer numerous articles on the current recommendations for cleaners and restorers of wood. Also articles on bonding properties of wood in relation to cross sectional area and knots. (Got this from Forestry Service). I keep in touch with the homeowner and he has stated no contact has occured with the deck builder. So I wait and obtain more articles on standards of practice for our industry and will continue to educate the homeowner, and myself. Time will tell. Reed Share this post Link to post Share on other sites
reed 500 Report post Posted January 24, 2005 Knots Landing Saga, Heard today the "knot" issue maybe going to litigation.. Homeowner is going to have to bring in the mill, the lumber yard, the "transporter" of the lumber, the deck builder and me. Can't see how all these people can be named in a suit. Will just have to see how this plays out. Reed Share this post Link to post Share on other sites
Beth n Rod 1,279 Report post Posted January 24, 2005 ....ugh........I am so sorry to hear that.... Beth Share this post Link to post Share on other sites
reed 500 Report post Posted January 24, 2005 Being that this is my only time I am to be involved with a lawsuit, I am totally at a loss for what my next step should be. Any suggestions? Reed Share this post Link to post Share on other sites
RyanH 14 Report post Posted January 24, 2005 Being that this is my only time I am to be involved with a lawsuit, I am totally at a loss for what my next step should be. Any suggestions? Reed I'll see if Amanda (wife) will take a look at the history of this thread and comment. She's pretty smart with the legal stuff (been doing paralegal work for almost 6 years). She'll know the procedures and what comes next in various situations and may can tell you what to expect. Ryan Share this post Link to post Share on other sites
reed 500 Report post Posted January 24, 2005 Thanks Ryan, really would apprciate it. She can feel free to email me if she doesn't feel like posting it to the public. reedster@charter.net Thanks again, Reed Share this post Link to post Share on other sites
Cleveland Mobile 14 Report post Posted January 24, 2005 Reed Have you ever looked into prepaid legal? They have a program thats around 50 a month. whenever you need a lawyer its free. The program for 50 is for business. Look into it....i've used them many times. It sounds like you are doing the right things. Tell the homeowner you will do whatever you can in their behalf if they sue the builder. Andy Share this post Link to post Share on other sites
reed 500 Report post Posted January 25, 2005 This deck was new construction. It required a light cleaning and brightening. I started with a test patch of weak strength EFC38 and a test patch of DeckBrite in an inconspicuous area. I determined that the deck could be cleaned with just an oxallic bath and the EFC38 was not needed. The entire deck was bathed in oxallic to brighten and help knock down the tannin. Then I rinsed the oxallic off. I don't know why I rinsed it off cause I normally leave oxallic on. Deck was allowed to dry, meter showed between 8 and 10 percent. I applied two coats of RS light brown and the deck was awesome. Two weeks later the homeowner called and asked me to come and look at the deck. Tannin had come through horribly. I put more oxallic on it, it knocked it down and then rinsed and applied one more light spray of oxallic and left it on. Two days later meter showed 6 to 8 percent and I was ready to seal. Homeowner asked why the knots were coming loose. I told him that the knots were coming loose before I started the deck the first time, which he agreed he had seen that. And I told him that I have suspicions that the wood was not of very good quality. He stated the builder told him it was graded exterior construction knotty. He stopped me from sealing a second time. Now here we are. If you look at the first couple of posts I put on this thread you will see what has transpired. Reed Share this post Link to post Share on other sites
Beth n Rod 1,279 Report post Posted January 25, 2005 6-8%WMC is awfully low for new construction wood. You have no control over how long it was in a stock pile before it ever became a structure. Rod~ Share this post Link to post Share on other sites
reed 500 Report post Posted January 25, 2005 This deck was in total sun all day, no shade, that's why I question wood quality for this project. reed I agree with you, moisture was really low. Share this post Link to post Share on other sites
Beth n Rod 1,279 Report post Posted January 25, 2005 Do you have a pre-existing conditions clause in place? We had to incorporate one due to the things we had no control over that homeowners would try and hold us accountable for. Its a shame that we have to implement these measures but some people leave us no choice. According to the USDA Forestry labs, knots loosen as the wood around the knot dries due to unequal shrinkage. This is common in encased knots and less in interwoven knots although still possible in this type. Rod~ Share this post Link to post Share on other sites
reed 500 Report post Posted January 25, 2005 At that time no, big lesson learned. Now I do. Hindsight. Thankfully this was a repeat customer and he knows the quality of work I do. I did a deck for him at another home he owned and I had to severly strip that one, no knot problem. I have asked for others to post copies of their contracts so as I can tweak mine. Hopefully we will get some to post theirs or at least some exclusion clauses. reed Share this post Link to post Share on other sites
Beth n Rod 1,279 Report post Posted January 25, 2005 I'll send you a copy of ours. look for a pm. Rod Share this post Link to post Share on other sites
reed 500 Report post Posted January 25, 2005 Got it Thanks. I have been in contact with Ed Burke of WRCLA, and he too had agreed that the knots falling out were the result of nothing I could do or have done. I sent the homeowner a copy of all correspondence, I have yet to hear from the homeowner, so he may be just taking the builder to litigation. Who knows. What a pain in the you know what. Thanks Beth and Rod, I really appreciate all that you and Rod do for our industry and the help you provide everyone. Reed Share this post Link to post Share on other sites
Beth n Rod 1,279 Report post Posted January 25, 2005 You are most certainly welcome Reed. Pw'ers should stick together and help each other. Rod~ Share this post Link to post Share on other sites
