Block Producers Legal Block Producers Legal Responsibility for Integral Responsibility for Integral

Water Repellent Specification Water Repellent Specification ComplianceCompliance

November 7, 2008November 7, 2008

NYSCMA Fall Member NYSCMA Fall Member Development ConferenceDevelopment Conference

Beginning PrinciplesBeginning Principles

Each Producer maintains a written Each Producer maintains a written Quality Control program for their ProductQuality Control program for their Product

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

Written Confirmation procedures followedWritten Confirmation procedures followed

Supplier RelationshipsSupplier Relationships

Each Supplier/Vendor has written Each Supplier/Vendor has written Purchase Order for Product PurchasedPurchase Order for Product Purchased

Purchase Order contains Express Purchase Order contains Express Warranties as to PerformanceWarranties as to Performance

Any Oral representations reduced to Any Oral representations reduced to writingwriting

Purchase Order identifies Warranty Purchase Order identifies Warranty LimitationsLimitations

Customer SpecificationsCustomer Specifications

Integral Water Repellent standardsIntegral Water Repellent standards Does not guarantee absence of water Does not guarantee absence of water

infiltrationinfiltration Water Resistant –vs- WaterproofWater Resistant –vs- Waterproof Chemical Manufacturers WarrantChemical Manufacturers Warrant Secure copy of specifications and Secure copy of specifications and

potential performance requirementspotential performance requirements Written Disclaimer Written Disclaimer

Customer EducationCustomer Education

Written Order confirmation identifying Written Order confirmation identifying exceptions & limitations of product to exceptions & limitations of product to specificationsspecifications

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

Emphasis on Custom Order for ProductEmphasis on Custom Order for Product Disclaimer of “Waterproof” abilityDisclaimer of “Waterproof” ability

““The Phone Call/Letter”The Phone Call/Letter”

Notification of Problem- Water Notification of Problem- Water InfiltrationInfiltration

Visit site & confirm existence of ProblemVisit site & confirm existence of Problem Document site & Product with PicturesDocument site & Product with Pictures Secure uninstalled site block for testingSecure uninstalled site block for testing Attempt companion testing with Attempt companion testing with

independent Testing labindependent Testing lab Interview MasonInterview Mason

Identify production run & Secure all Identify production run & Secure all records regarding production of Blockrecords regarding production of Block

Secure any type of batch tickets Secure any type of batch tickets recording actual material quantitiesrecording actual material quantities

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

Secure documents recording procedural Secure documents recording procedural compliance during productioncompliance during production

Interview personnel involved with Interview personnel involved with production runproduction run

Notify Legal Counsel & InsuranceNotify Legal Counsel & Insurance Prepare for Insurance DisclaimerPrepare for Insurance Disclaimer Maintain Customer/Architect Maintain Customer/Architect

RelationshipRelationship Coordinate with Counsel Forensic Coordinate with Counsel Forensic

InvestigationInvestigation

Written Directive to Remove & Written Directive to Remove & ReplaceReplace

Horns of a Dilemma-written reservation Horns of a Dilemma-written reservation of rightsof rights

Control own fate- dependent upon Control own fate- dependent upon investigationinvestigation

Mitigate potential DamagesMitigate potential Damages Terms of Purchase OrderTerms of Purchase Order Proprietary SpecificationProprietary Specification Customer RelationshipCustomer Relationship

RemovalRemoval

Protest Directive in Writing & reserve Protest Directive in Writing & reserve rightsrights

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

Produce replacement block pursuant to Produce replacement block pursuant to established QC & Procedural standardsestablished QC & Procedural standards

Send InvoiceSend Invoice

Questions?Questions?