Block Producers Legal Responsibility for Integral Water Repellent Specification Compliance November 7, 2008 NYSCMA Fall Member Development Conference

Beginning Principles Each Producer maintains a written Quality Control program for their Product Each Producer has written instructions for their separate pieces of equipment & manufacturing procedures Written Confirmation procedures followed

Each Producer maintains a written Quality Control program for their Product

Each Producer has written instructions for their separate pieces of equipment & manufacturing procedures

Written Confirmation procedures followed

Supplier Relationships Each Supplier/Vendor has written Purchase Order for Product Purchased Purchase Order contains Express Warranties as to Performance Any Oral representations reduced to writing Purchase Order identifies Warranty Limitations

Each Supplier/Vendor has written Purchase Order for Product Purchased

Purchase Order contains Express Warranties as to Performance

Any Oral representations reduced to writing

Purchase Order identifies Warranty Limitations

Customer Specifications Integral Water Repellent standards Does not guarantee absence of water infiltration Water Resistant –vs- Waterproof Chemical Manufacturers Warrant Secure copy of specifications and potential performance requirements Written Disclaimer

Integral Water Repellent standards

Does not guarantee absence of water infiltration

Water Resistant –vs- Waterproof

Chemical Manufacturers Warrant

Secure copy of specifications and potential performance requirements

Written Disclaimer

Customer Education Written Order confirmation identifying exceptions & limitations of product to specifications Written Purchase Order for product which identifies exceptions to specifications by incorporating Order Confirmation Emphasis on Custom Order for Product Disclaimer of “Waterproof” ability

Written Order confirmation identifying exceptions & limitations of product to specifications

Written Purchase Order for product which identifies exceptions to specifications by incorporating Order Confirmation

Emphasis on Custom Order for Product

Disclaimer of “Waterproof” ability

“The Phone Call/Letter” Notification of Problem- Water Infiltration Visit site & confirm existence of Problem Document site & Product with Pictures Secure uninstalled site block for testing Attempt companion testing with independent Testing lab Interview Mason

Notification of Problem- Water Infiltration

Visit site & confirm existence of Problem

Document site & Product with Pictures

Secure uninstalled site block for testing

Attempt companion testing with independent Testing lab

Interview Mason

Identify production run & Secure all records regarding production of Block Secure any type of batch tickets recording actual material quantities Secure sample batch of Water Repellent & Block from plant for Testing Secure documents recording procedural compliance during production

Identify production run & Secure all records regarding production of Block

Secure any type of batch tickets recording actual material quantities

Secure sample batch of Water Repellent & Block from plant for Testing

Secure documents recording procedural compliance during production

Interview personnel involved with production run Notify Legal Counsel & Insurance Prepare for Insurance Disclaimer Maintain Customer/Architect Relationship Coordinate with Counsel Forensic Investigation

Interview personnel involved with production run

Notify Legal Counsel & Insurance

Prepare for Insurance Disclaimer

Maintain Customer/Architect Relationship

Coordinate with Counsel Forensic Investigation

Written Directive to Remove & Replace Horns of a Dilemma-written reservation of rights Control own fate- dependent upon investigation Mitigate potential Damages Terms of Purchase Order Proprietary Specification Customer Relationship

Horns of a Dilemma-written reservation of rights

Control own fate- dependent upon investigation

Mitigate potential Damages

Terms of Purchase Order

Proprietary Specification

Customer Relationship

Removal Protest Directive in Writing & reserve rights Testing lab present during demolition to secure samples & record condition within flashing et al Produce replacement block pursuant to established QC & Procedural standards Send Invoice

Protest Directive in Writing & reserve rights

Testing lab present during demolition to secure samples & record condition within flashing et al

Produce replacement block pursuant to established QC & Procedural standards

Send Invoice

Questions?