The Patrick Carr Show and the Discontinued Materials Debate

Patrick Carr has an interesting YouTube Channel that focuses primarily on topics of interest to restoration contractors, including the topic raised in yesterday’s post, The Reasonably Comparable Shingle Debate. I met Patrick while he oversaw the taping of me in Orlando about ten days ago. Jen Silver and Crystal Waterson interviewed me in preparation for their new launch planned for this October. Patrick Carr is overseeing e-media for that production.

John Senac of NTS was interviewed by Carr in a segment titled, John Senac I The Roof Pro I Why NOT Knowing Discontinued Shingle Is Costing You BIG. Senac provided some very practical and wise advice. He said that while discussing with the insurance adjuster the method and cost to repair a roof, a restoration contractor should “stay in their lane.” He also made the point that knowing all the materials that will have to be repaired or replaced and whether manufacturers have discontinued those products is essential to proper pricing for a restoration job.

One of the points I have been trying to make to public adjusters, appraisers, and restoration contractors is that you have to know the specifications called for by the manufacturers of various building materials to determine the proper price for a restoration project. How can you make a proper estimate if you do not know the specified product? Once you know the product, what are the specifications required by the manufacturer for the proper installation of the product in a building? The vast majority of insurance company adjusters never indicate the product to be used. So, how do you know what the proper labor and material price is without knowing the product?

I strongly suggest that those involved with property adjustment of building losses and all restoration contractors join the Construction Specifications Institute (CSI). Construction projects are often complex and difficult. This is even more so where the project has older materials that are discontinued and must be replaced. CSI publishes a number of references that detail the specifications for all types of construction jobs that are needed to produce a legal and proper construction job.

Did I say legal? A recent blog post on the CSI, Specifying Practices–Laws And Regulations In Construction Documents, notes that everybody is required to follow the law when it comes to construction:

“Because laws and regulations apply to everyone, is it necessary to address them at all in construction documents?

The answer is yes, because it is in the owner’s interest, and is an appropriate risk management provision, to place on the contractor the contractual responsibility to comply with laws and regulations. Such provisions clarify that the owner, design professional, and others retained by the owner, such as a construction manager as advisor (CMA) or program manager, are not responsible for the contractor’s compliance with laws and regulations. Without such a provision, it is possible a contractor might adopt a position that the owner, design professional, or others were co-responsible for, or should have advised the contractor of, the contractor’s non-compliance with laws and regulations.

The American Institute of Architects’ document AIA A201—2017, Standard General conditions of the Contract for Construction, requires:

Ԥ 3.7.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work.

§ 3.7.3 If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction.’

The lesson from this is that a loss’s proper pricing and value can only be determined if the types of materials are known. The manufacturer of those materials will have specifications that must be followed to do a legal and proper construction job. Patrick Carr did a great service to remind everybody by interviewing John Senac about this important topic.

Thought For The Day

I remember, as a young architect, people always talked about I. M. Pei’s concrete. He had a particular specification no one else knew.
—Annabelle Selldorf
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