Readers Respond

We received a lot of positive feedback from readers about an article in the April issue regarding a component manufacturer’s product defect negligence lawsuit. While this is not the industry’s first escape from a negligence or breach of warranty finding as a result of proper risk management procedures, it’s a very timely lesson for us. As SBCA Legal Counsel Kent Pagel explains in Important Legal Trends for 2011, the building industry is in another litigious cycle. Many of you pointed to the moral of the story: That the value of providing SBCA Jobsite Packages with all component orders cannot be overstated.

“We received the latest SBC Magazine and found the ‘CM Found Not at Fault in Negligence Case’ article very interesting and informative. Without a doubt, the testing provided by SBCA via SBCRI has saved the industry from a huge black mark against it and has without a doubt, set a precedent. Congrats on a job well done.”

–Dennis Metiva • Mid Michigan Truss & Components LLC • Saginaw, MI
 

“Thanks for writing the article in the April 2011 issue entitled ‘CM Found Not at Fault in Negligence Case.’ It was very rewarding to see that the component manufacturer was found not guilty. In a time when everyone seemingly wants someone else to accept their own responsibility for their own actions, I hope this is a sign that some common sense is returning to the world.

“The industry has been preaching this ‘duty to warn’ for many years. Over eight years ago, the industry set a goal of providing easy to understand recommendations to installers to prevent accidents like this. The framers of the world, for some unknown reason, still fail to read the documents provided and rely on ‘the way we’ve always done it’ standards to ‘properly’ brace trusses. Even if only half of the recommended bracing was done, there would be fewer accidents.

“It is always a matter of lowest cost or bid. Unfortunately, the GC rarely cares about the bracing because, if an issue arises, he has protected himself with insurance from his subcontractor. The GC and the framer need to be continually educated about bracing and it continues to be a great challenge. Cases such as this might be a valuable lesson learned for any GC or framer. I’d recommend that any component manufacturer provide it in a mailing to its customers.”

–Scott Arquilla • Alpha Construction Company • Hazel Crest, IL • 2003 SBCA President

“Thank you for spotlighting how Heartland Wood Products won its case using SBCRI and the SBCA Jobsite Package. I will reference the article and case as I work with insurance companies to provide insurance for SBCA members. Thanks!”

–Richard Langton • Bowermaster and Associates • Cypress, CA

If you haven’t done so already, we urge you to read the article and share it with risk management personnel in your company. Contact Eric for a sample SBCA Jobsite Package.