November 2017

Florida

November 2017

ROOFING A Publication of the FRSA – Florida’s Association of Roofing Professionals

Low-Slope Roofing

Flat Roof Systems: Built-up Roof and Modified Bitumen Maintenance Program for Your Commercial Asphalt Roof What You Need to Know About Warranties Overcoming Post-Irma Political Reaction

Florida Coastline after Hurricane Irma.

See the before photo on page 3.

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TABLE OF CONTENTS

November 2017

Florida

ROOFING Available Online at www.floridaroof.com/florida-roofing-magazine/

FRSA-Florida Roofing Magazine Contacts: For advertising inquiries, contact: Heidi Ellsworth at: heidi@floridaroof.com (800) 767-3772 ext. 127 All feedback including Letters to the Editor and reprint permission requests (please include your full name, city and state) contact: Lisa Pate, Editor, at: lisapate@floridaroof.com (800) 767-3772 ext. 157 Florida Roofing Magazine, PO Box 4850 Winter Park, FL 32793-4850

Before and After Hurricane Irma

Hurricane Irma before and after (see front cover) photos of Florida coastline.

Photos courtesy of Eagleview Technologies.

View media kit at: www.floridaroof.com/ florida-roofing-magazine/

7 | Overcoming Post-Irma Knee-Jerk Political Reaction

Watering down the pool of contractors by increasing the number permitted to perform roofing work following a hurricane may look good politically, but homeowners will pay the price.

On the iPad

14 | Flat Roof Systems: Built-up Roof and Modified Bitumen 18 | How to Develop a Maintenance Program for Your Commercial Asphalt Roof

www.is.gd/iroofing

24 | What You Need to Know About Warranties

Learn about supplier and contractor industry warranties and how you can legally place limits or eliminate them for your company.

Any material submitted for publication in Florida Roofing becomes the property of the publication. Statements of fact and opinion are the responsibility of the author(s) alone and do not imply an opinion or endorsement on the part of the officers or the membership of FRSA. No part of this publication may be reproduced or transmitted in any form or by any means, without permission from the publisher.

Florida Roofing (VOL. 2, NO. 11), November 2017, (ISSN 0191-4618) is published monthly by FRSA, 7071 University Boulevard, Winter Park, FL 32792. Periodicals Postage paid at Orlando, FL. POSTMASTER: Please send address corrections (form 3579) to Florida Roofing, PO Box 4850, Winter Park, FL 32793-4850.

www.floridaroof.com | FLORIDA ROOFING

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PRESIDENT’S COLUMN Charlie Kennedy

FRSA: Fighting for Stable Workers' Comp Rates In mid-October, I had the honor of representing FRSA and the industry at the annual workers’ comp rate hearing in Tallahassee to testify before the Office of Insurance Regulation (OIR) on the proposed rate decrease of 9.3 percent. Each year, the National Council on Compensation Insurance (NCCI) submits a request for a rate increase or decrease on workers’ comp premiums based on a long and arduous data review process. The information is overwhelming and presented by actuaries who speak in such a monotone voice that they almost put you to sleep. It’s amazing to me that they could be so boring on something that hits so close to home for me and others in the industry.

Both Adam Purdy, CPRC and I testified, not only speaking about the workers’ comp rate, but also about Professional Employer Organizations (PEOs) and their unethical practices and the need for all employers and employees to be covered by workers’ comp, especially those contractors that are now doing post-hurricane roofing work.

Each year, FRSA is the only trade association that attends the hearings and testifies before the OIR. This year was my third time testifying and I still finding it a bit intimidating. I don’t have fancy data, experience mods or loss runs to back up my request for rate stability, just a working knowledge of how it affects my business. Last year there was a 14 percent rate increase and this year a proposed 9 percent decrease. Jumping to extremes, either up or down, can cause unintended consequences. Keeping rates stable with a small increase or decrease each year makes much more sense. Commissioner Altmaier and his staff will review all testimony and come back with a decision on what the rate will be going forward. We should have a decision from the OIR in early November.

Due to Hurricane Irma, FRSA’s Fall Board and Committee meetings, originally scheduled for the Westgate River Ranch, were canceled. The Political Action Committee (PAC) tournaments, the PAC’s annual fund-raising events, were also canceled. I would like to personally thank those who signed up to sponsor or participate in one of the events and agreed to donate their fees to the PAC even though events were canceled. You can see a list of those generous donors on page 26.

Many committees will be holding conference calls or meetings prior to year-end in an effort to make up time missed due to the hurricane. FRSA members are encouraged to become engaged on one or more committees and help guide the Association as we move forward. There are many to choose from; all you need to do is make the commitment then call Lisa Pate at 800-767-3772 ext. 157 and let her know that you would like to participate. I’ve learned so much by being involved on various committees: not just from the conversations in meetings, but from listening to other members as they share their knowledge

and experience. There is a wealth of information that comes from these meetings, and I always take something of value with me.

As a reminder, FRSA membership dues invoices have been mailed and are due in full by yearend. We’re in the process of adding more affinity programs with great benefits available only to members. Our latest partnerships are with Staples and CardConnect.

Members can view the entire list of membership benefits on our website, www.floridaroof.com and log FRSA President Charlie Kennedy, into the “member login” section. If Gainesville Roofing & Co. Inc. you’re not a member, but would like to join, please contact Maria Armas at 800-767-3772 ext. 142 or by email at maria@floridaroof.com.

Thank you and God bless!

Charlie Kennedy FRSA President charliekennedy1@aol.com

FRSA 2018 Charity of Choice

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FLORIDA ROOFING | November 2017

FRSA LEGISLATIVE COUNSEL Cam Fentriss

Overcoming Post-Irma Knee-Jerk Political Reaction Raise your hand if you do not like knee-jerk reactions.

In my mind, I see almost every hand up in the air. Let’s talk about knee-jerk reactions.

When a hurricane hits and you want to try to help, you can do a little research and find a way to truly help or you can just assume you know best and do something you figure won’t really do any harm and at least looks good. What happens when your assumptions were not correct?

On September 15, 2017, Governor Rick Scott directed DBPR to suspend “certain regulations” to make it easier for Floridians to rebuild after Hurricane Irma.

The part we care about is the lifting of the law on who can perform roofing to extend it to general, building, or residential contractors (builders). We were not consulted or given the benefit of the governor’s thinking on this, but it seems like he may not be aware of the improvements in construction since the adoption of the Florida Building Code in 2001 or the adequate number of licensed roofing contractors available in the state. He may have thought that it would help consumers if the same contractor could fix a wall and a roof at the same time. We do not know.

Here are some of the facts that would have been helpful to consider before making the decision: 1. Just because there is some provision in law to allow builders to do roofing under some circumstances, that does not mean that builders know how to do roofing. Practically, it mostly means that builders subcontract out roofing to either licensed roofing contractors or independent contractors who are not necessarily licensed or qualified. We have good historical knowledge that the current “allowance” for builders to perform shingle roofing on structures of their own construction was a political, not substantive, provision put in law. So is this move really going to help the consumer or just set the consumer up for future problems that insurance may justifiably decline to cover?

foreseeable future, well beyond any need created

by Hurricane Irma. Our good governor may be surprised to learn that there are bad contractors out there who do just that. Some of this likely problem could have been avoided with a more tailored order.

So where does it all go from here? We have a few thoughts, results, and suggestions. First, we have urged lifting of this emergency order now – right now. We know that the storm damage was not enough to warrant this emergency order. So far, we have not succeeded in getting it lifted and that is probably because those who can lift it still do not think it’s a big deal and are not listening.

Second, we are working with some other government offices (ones with more experience and skill, perhaps) to be able to solidly document the real need in the aftermath of a storm so we can have quick and concrete evidence to waive under one government nose or another to cut the impact of these executive orders and emergency rules.

Hopefully we will have that in place before the next storm.

Third, in the course of trying to deal with this executive decision, we have learned about some good measures that serve as practical barriers to allowing this bad decision to take hold as much as some might like. This is a very vague statement that is going to stay vague because to explain it better here would be to give “the other side” valuable information they can use to try to tear down the barriers so they can take complete advantage of this type of knee-jerk free pass in the future.

Fourth and last, if you have had any experience resulting from this, we would like to know about that so we can collect the information to share in our continuing effort to get DBPR to dump this emergency order. We would like to know anything good, bad or ugly. Please let us hear from you.

If you have any questions, please ask.

2. Allowing builders to do reroofing or roof repairs does not actually expand anything for the benefit of consumers. Why, you ask? Well, because allowing a builder to do anything does not increase the available qualified workforce or make Florida-approved materials instantly available. This may be the most important oversight of this lifting of the law and it could have been avoided if the good people of govAnna Cam Fentriss is an attorney licensed in Florida since ernment had asked the better people of the roofing 1988 representing clients with legislative and state agency inworld of business. terests. Cam has represented FRSA since 1993, is an Honorary 3. Speaking of the realities of business versus political Member of FRSA, recipient of the FRSA President’s Award and appearances, you have to wonder what is going to the Campanella Award in 2010. She is a past member of the happen if, in a few months, consumers start to com- Florida Building Commission Special Occupancy Technical plain because some less-than-reputable builders Advisory Committee (2001-2013), President of Building spent all their time snatching up contracts and pulling A Safer Florida, Inc. and past Construction Coalition Chair permits to “stock up” on “bonus” roofing work for the (1995-1997). www.floridaroof.com | FLORIDA ROOFING

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FRSA LEGAL COUNSEL Trent Cotney, PA, Construction Law Group

Employee? Or Independent Contractor?

Why It Matters Misclassifying employees as independent contractors can have a significant negative impact on your roofing business. An employer that mis-classifies a worker can face costly fines, civil damages, tax liability, and may even face criminal liability.

Tax Implications

In the eyes of the IRS, a worker can either be classified as an employee or an independent contractor, depending on the level of control an employer has over a worker.

Employers give employees a W-2 tax form, while independent contractors get a 1099 tax form. Generally, taxes are automatically deducted from a W-2 employee, whereas independent contractors are responsible for calculating their own payroll taxes and submitting that sum to the government on a quarterly basis. Misclassifying an employee as an independent contractor can expose your company to tax liability, monetary penalties, and even possible criminal liability.

Wage Law Implications

Both federal and state law impose minimum wage and overtime pay requirements on employers. However, those requirements only apply to employees, not independent contractors. Thus, to ensure your company is not accidentally underpaying, or overpaying, your workers, it is important to understand the legal difference between an employee and an independent contractor. Significantly, employers may be subject to substantial financial liability if they misclassify employees as independent contractors and underpay them as a result (e.g., failing to pay time-and-ahalf for all overtime hours). A simple misclassification can subject a company to pay the employee two-times the amount of unpaid wages, and pay the employee’s legal costs and fees spent to obtain the unpaid wages. Misclassification may also entitle employees to initiate collective actions against the employer, which can exponentially increase the employer’s financial liability. For these reasons, it is critical that employers correctly classify their workers as independent contractors or employees.

Distinguishing Between Independent Contractors and Employees

Both federal and state law establish standards for determining the proper classification of a worker, and the factors and tests applied by courts and government agencies vary depending on the statute and jurisdiction involved. Thus, it is important for Florida employers to be familiar with the relevant federal and state standards in order to protect against misclassification. While it is best to consult with 8

FLORIDA ROOFING | November 2017

an employment attorney to resolve any questions regarding classification, there are some general rules to keep in mind when classifying a worker. The main distinction between an independent contractor and an employee is the degree of control the employer has over the worker – the more control, the more likely the worker is an employee and not an independent contractor.

For instance, evidence of an independent contractor includes the freedom to set his/ her own schedule, individual discretion in how to complete the job, use of his/her own tools and equipment, and he/ she also works for other companies and not exclusively with your company. On the other hand, if the employer sets the worker’s schedule, directs his day-to-day work, provides the tools or equipment for the job, or limits his/her ability to work for other companies, this indicates that the worker is an employee and not an independent contractor.

Consequences of Misclassifying an Employee

In summary, misclassifying an employee as an independent contractor can expose your company to significant potential liability. Unfortunately, the distinction between an employee and an independent contractor is not always clear and may vary depending on the relevant legal standard. If you have any questions regarding the proper classification of your workers, it is advisable to consult an employment attorney within the construction industry.

Author’s note: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. Regulations and laws may vary depending on your location. Consult with a licensed attorney in your area if you wish to obtain legal advice and/or counsel for a particular legal issue.

Trent Cotney is an advocate for the roofing industry, General Counsel of FRSA, NWIR, WCRCA and PBCRSMA, and a Florida Bar Board Certified Construction Lawyer. For more information, contact the author at 813-579-3278 or visit www.trentcotney.com.

Industry Updates ARMA Makes Popular Roofing Design Guide Available in Digital Form

The Asphalt Roofing Manufacturers Association (ARMA) has converted its Modified Bitumen Design Guide for Building Owners into an eBook, making it easier for roofing professionals to view it on their smartphones or tablets.

The Modified Bitumen Design Guide, which ARMA recently updated to reflect current roofing standards and building codes, serves as a general instructional aid for the installation of modified bitumen roofing systems. The guide addresses these roofing systems and their associated components, construction techniques, and innovative uses.

It also provides options for overburdens, such as solar, garden and recreational installations, that push the roofing system and the membrane beyond their primary function of providing water resistance.

“Today more than ever, roofing professionals are being called to the jobsite for their expertise and knowledge regarding low slope roofing systems,” said Reed Hitchcock, executive vice president of ARMA. “By making the Modified Bitumen Design Guide available as an eBook, ARMA is providing them the information they need in a form that is easy and convenient to access on the go.”

The Modified Bitumen Design Guide is available for $24.99 as a print-on-demand copy or $19.99 as an eBook from ARMA’s Bookstore, as well as from prominent digital platforms such as Amazon’s Kindle Store, Barnes and Nobles’ Nook, Apple’s iBookstore, and more. To purchase the Modified Bitumen Design Guide, visit www.asphaltroofing.org/arma-bookstore.

Corporate Accounts team in the Americas, tasked with acquiring Fortune 500 accounts selling building solutions for domestic and international construction projects. Craig’s considerable experience in the metal building industry positions him well to lead the Atlas sales marketing team.

Don Bratcher, President of Atlas Bolt & Screw in the Construction Fasteners Group, a Marmon Engineered Components Company, commented: “I am very excited to have Craig join the Atlas team!

Having someone with Craig’s business acumen and courage on the team is mission critical as we develop and implement our growth strategies. I’ve known Craig for many years and have personally seen him drive positive change within his teams, to his customers, and in his markets. While Atlas is a 120-year old company with a great foundation, we are on a mission for significant growth and industry leadership by injecting new talent such as Craig and with the strategic support from our leaders at the Marmon Group and Berkshire Hathaway.”

Craig Mohr Recruited for V.P. Sales Marketing at Atlas Bolt & Screw

Craig Mohr began working as Vice President of Sales and Marketing at Atlas Bolt and Screw effective September 1, 2017.

Craig has responsibility for Atlas’s sales marketing team and brings significant industry leading competencies in recruiting, training and management of successful sales marketing teams. His role at Atlas will be to drive strategic growth and partnering with customers.

Craig’s career spans more than 14 years combined, with Butler Manufacturing, a designer and manufacturer of metal buildings. At Butler, as Director of Corporate Accounts & Global Operations, Craig successfully recruited, trained and led the Butler www.floridaroof.com | FLORIDA ROOFING

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Hunter Panels to Promote Matt Peterson to General Manager

Building industry veteran Matt Peterson, will assume leadership position on January 1, 2018, following retirement of long-time Hunter employee Jim Whitton.

Hunter Panels is announcing the change now to ensure a smooth leadership transition over the next several months.

Peterson currently serves on the Hunter Panels management team in his role as Director OEM/Private Label Sales. He is a veteran of the commercial roofing industry of 15 years, in a variety of sales positions of increasing responsibility, Peterson joined Hunter Panels in 2011 as Midwest Regional Manager.

“So many companies say they’re committed to customer service, but when I first came to Hunter Panels, I was blown away by the relentless focus on working hard to earn customers’ business” said Peterson. “Our goal is to take care of the customer and help them grow their business. We do that with passion, responsiveness and being their polyiso resource. And, we are always asking ‘what can we do better for the customer?’ That’s truly something special to be a part of, and it will be a privilege to lead these exceptional folks.”

“Matt lives the Hunter mantra of ‘whatever it takes’ when it comes to customer service,” said Jim Whitton, Hunter Panels Vice President of Sales and Marketing.

“His devotion to our company, customers and business partners, and years of experience in the building industry make him a natural choice to lead Hunter going forward.”

As one of Hunter Panels’ original employees, the retiring Whitton “has played a crucial role in the company’s growth and its positive, customer-focused culture,” said Nick Shears, Executive Vice President, Sales and Marketing.

IAC’s HomeAdvisor and Angie’s List Merge

IAC and Angie’s List Inc. have announced they have entered into a definitive agreement to combine IAC’s HomeAdvisor and Angie’s List into a new publicly traded company, which will be called ANGI Homeservices Inc. The combined business, which will maintain Angie’s List and HomeAdvisor brands, will match homeowners with service professionals in the $400 billion domestic home services market. The transaction has been approved by the boards of directors for both companies and is expected to close in the fourth quarter of 2017.

The transaction combines Angie’s List’s well-known brand and large audience with IAC’s home services category leader HomeAdvisor. HomeAdvisor has the industry’s largest network of paying, high-quality service professionals and a consumer product driving seven consecutive quarters of domestic revenue growth exceeding 35 percent.

HomeAdvisor CEO Chris Terrill will be CEO of ANGI 10

FLORIDA ROOFING | November 2017

Homeservices Inc., whose headquarters will be located in HomeAdvisor’s location in Golden, CO. Homeowners will be able to tap into North America’s largest combined network of active, high-quality service professionals between HomeAdvisor’s network of more than 156,000 and Angie’s List’s network of more than 55,000. Additionally, HomeAdvisor has innovative products that will enhance the experience for the more than 22 million monthly users currently visiting HomeAdvisor and Angie’s List.

The companies expect the combination of Angie’s List’s nationally recognized brand and directory monetization model with HomeAdvisor’s performance-based on demand marketplace will provide a world class experience to the largest numbers of homeowners and service providers alike.

MFM Building Products Promotes Reis to Vice President & General Manager

MFM Building Products, a manufacturer of a full envelope of waterproofing and weather barrier products for the building industry, is pleased to announce that the firm has promoted Tony Reis to the position of Vice President & General Manager effective October 1, 2017. The announcement was made by Robert S. Simpson, President.

Reis started his relationship with MFM as an independent sales representative for the company in 1999, covering the New England area of the United States. He was then promoted to the position of Sales & Marketing Director in 2008. In this position, Reis oversaw all sales and marketing activities for the company.

Since his hire, MFM has experienced tremendous growth each and every year.

As Vice President & General Manager, Reis will retain his current sales and marketing responsibilities, as well as the added duties of overseeing the company’s dayto-day operations. Reis will work closely with all MFM departments to synchronize the efforts of each.

According to Robert S. Simpson, “Tony is a tireless worker who gives 110 percent effort for the company. The growth MFM has experienced has been truly remarkable. I can attribute much of the credit to the leadership Tony has shown over the years. We look forward to having him in this newly formed position.”

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Trent Cotney, P.A. Welcomes Scott Bloemen as CFO

Trent Cotney, P.A. Construction Law Group is pleased to announce that Scott Bloemen, CPA, has joined its management team as Chief Financial Officer. As CFO, Bloemen will be responsible for leading financial planning and providing financial counsel on all aspects of business development and corporate strategy.

Bloemen, a seasoned financial executive, most recently served as controller for a private equity-owned multi-million dollar software company where he managed an accounting staff of seven, building team functions to add a director of revenue and accounting manager roles. Overseeing all financial aspects of the company, Bloemen streamlined processes and refinanced debt for improved fiscal health.

“With the rapid growth that Trent Cotney, P.A. is experiencing, it was critical that we find a strong individual to manage our financial needs,” said Trent Cotney, President. “Scott has a strong background and proven success in streamlining operations, saving companies money and implementing strong accounting processes with a progressive technological view to growth. We welcome him to our team and look forward to his contributions as our firm continues to grow.”

Bloemen is a graduate of Northeastern University, Boston, Massachusetts where he earned a Bachelor of Science degree in Business Administration with a dual concentration in finance and accounting. He is also a certified public accountant. When not working, Bloemen enjoys spending time with his wife and three children.

RCMA Releases White Paper: Cutting Peak Electrical Demand with Reflective Roof Coatings

The Roof Coatings Manufacturers Association (RCMA) has recently published a white paper addressing the role and impact of reflective roof coatings in mitigating peak energy demand.

Developed in collaboration with Jim Hoff, TEGNOS Research Inc., this paper provides a comparative overview of base use and peak demand of electricity and shares information on how to calculate peak demand savings. The role of cool roofing in promoting energy efficiency is also emphasized, particularly in respect to the unique performance properties of reflective roof coatings. The document can also be viewed as a resource as to the benefits reflective roof coatings provide to buildings, businesses, and the environment at large.

A sharp peak in electrical demand can be observed in almost every building during the busiest hours of the day. Although a portion of this peak may be attributed to lighting and equipment used in the building, the majority is caused by the increased demand for air conditioning in the heat of the afternoon. In an effort to help building owners and designers deal effectively 12

FLORIDA ROOFING | November 2017

with peak electrical demand charges, this white paper provides a step-by-step review of all aspects of peak demand, including how to identify peak demand charges on a typical commercial electrical bill, how to estimate the potential savings achieved when installing a reflective roof coating, and how to achieve other business and community benefits associated with reducing peak energy demand.

The Cutting Peak Electrical Demand with Reflective Roof Coatings white paper is published online and can be found at the following link: http://www.roofcoatings.org/technical-resources/whitepapers/.

TAMKO’S Latest $100,000 Gift to Red Cross Dedicated to Puerto Rico Relief Efforts

TAMKO Building Products, Inc. has again donated $100,000 to the American Red Cross. This time, the funds are designated for assistance with Hurricane Maria disaster relief efforts in Puerto Rico.

“The magnitude of destruction left behind from recent hurricanes is unsettling,” said TAMKO’s President and CEO David Humphreys. “TAMKO is dedicated to helping others, and we know that through the Red Cross we can do just that, particularly when those needs are so urgent.”

TAMKO donates annually to the Red Cross, and in recent years has given extra monetary gifts to assist with disaster recovery from tornadoes that ravaged towns where TAMKO has operations, including Tuscaloosa, Alabama and Joplin, Missouri, which were both struck by devastating tornadoes in 2011. TAMKO’s most recent donation to the Red Cross was presented in September to assist with Hurricane Harvey disaster relief efforts in Houston.

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Flat Roof Systems: Built-up Roof and Modified Bitumen

Mark Gregory, General Manager, RSS Roofing Services & Solutions Florida Office A flat roof is a roof which is almost level in contrast to sloped roofs. Flat roofs or low-slope roofs are commonly found on commercial and industrial buildings. Flat roofs provide a more convenient place to install outdoor HVAC units rather than putting them in high-traffic ground-level areas.

Although there are several different options to take regarding flat roofs used for commercial buildings, built-up roofing (BUR) systems and modified bitumen roofing systems are very common. Both low-slope commercial roofing systems have three principal components: weatherproofing layer or layers, reinforcement, and surfacing.

Built-up Roofing Systems

Built-up roofing or BUR systems have been used in the U.S. for more than a century. A traditional BUR system gets its name from the building of a roof on-site using layers of base sheet, interplay sheets and cap sheet or other surfacing such as gravel or liquid coating.

This form of roofing involves alternating layers of bitumen and fabrics that join together to create a membrane. It is then finished with an aggregate layer or coating. The most commonly used bitumen on these types of roofs are asphalt

or cold-applied adhesive. The finish of the BUR sometimes looks rocky because the gravel and mineral granules or slag are mixed in with the asphalt, but these roofs can also be smooth.

Modified Bitumen Roofing Systems

A conventional alternative to BUR systems are modified bitumen roofing systems. Modified bitumen is a roofing membrane consisting of asphalt and plastic or rubber polymers, and is therefore widely considered an evolution of asphalt built-up roofing. Modified bitumen displays the built-in redundancy of asphalt built-up, as well as the UV resistance and flexibility of a modified membrane.

This roof system has two types: atactic polypropylene (APP) and styrene-butadiene-styrene (SBS). The SBS is the most common, boasting highly flexible membranes, giving

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FLORIDA ROOFING | November 2017

it stronger expansion and contraction capabilities. APP, on the other hand, has exceptional aging properties, making it a more long-lasting option.

Modified bitumen membranes are hybrids that combine the high-technology formulation and prefabrication benefits of single-ply with traditional roofing installation techniques that are used in built-up roofing. These membranes are factory-fabricated layers of asphalt that are modified using a plastic or rubber ingredient and are combined with a reinforcement.

heating and cooling costs.

Compared to other high-performance commercial roofing systems, BUR systems are one of the best investments on the market due to its competitive costs per year of expected service life. The collection of 20, 30, and 40-year old BUR roofs in excellent condition attest to this fact.

BUR systems are ideal for most low-slope commercial roofs. The higher the quality of the BUR materials and asphalt used and the greater the number of layers, the more superior the roofing system will be.

Advantages of BUR and Modified Bitumen The main advantage modified bitumen roofing has over Roofing Systems most other commercial roofing systems is that it is extremeA flat roof, including BUR and modified bitumen, are ly tear-resistant. This is due to the combination of fiberglass cost-efficient for this roof shape as all room space is used ful- and/or polyester reinforcement layers. This feature makes ly, below and above the roof. Having a smaller surface area, flat roofs require less material and are usually stronger than slopped roofs. The flat-style roof also provides ample space for solar panels or outdoor recreational use such as roof gardens.

BUR systems offer several strong qualities that have made it quite popular for commercial buildings. For example, BUR systems provide multi-layer protection. The multiple layers of bitumen and bitumen saturated felts make a watertight barrier capable of providing many years of reliable protection from the elements.

BUR systems are relatively inexpensive when used in standard specifications, and are designed to endure harsh weather conditions all year round. BUR systems exhibit exceptional resistance to the conduction of heat between the exterior 5B â&#x20AC;&#x201C; modified gravel roof system and interior of a building, resulting in noticeable reductions in

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modified bitumen roofing the ideal choice for low-slope commercial roofing with high-foot traffic.

The innate durability of a BUR/modified roof systems are very resistant to overall damage for weather, reducing the need for repairs.

Additionally, modified bitumen roofing systems are energy-efficient. The top layer can be treated to add cool roof features such as solar reflectance and thermal emission, or the ability to reflect sunlight, and release already absorbed heat. This helps reduce the property’s indoor cooling requirements, resulting in lower energy consumption.

Lastly, the roofing system is flexible. Flexible low-slope roofing materials are important not just for impact resistance, but for temperature shifts. Modified bitumen expands and contracts without losing its shape.

Applications and Installation

BUR systems are installed through a build-up of layers.

A commercial roofing contractor will have alternating layers of roofing felt and bitumen in the form of asphalt, tar or cold-applied adhesive. Apart from cold-applied built-up roofing systems, tar and gravel installation happens when the bitumen is hot, and then the system can cool and harden.

The surfacing is added last and can be either gravel, minerals, elastomeric coating or a cool roofing top sheet. The surfacing is intended to add a layer of UV and thermal resistance, as well as increase the weatherproofing capabilities of the BUR systems.

On occasion, a commercial roofing contractor will install underlayment before laying down any BUR roofing layers.

Built-up roofs are, however, considered to be fully adhered when installing directly to the roofing deck, so underlayment isn’t always needed depending on the situation.

Modified bitumen can be installed by heat-welding, hot asphalt, or cold-adhesive processes, meaning that it can be installed on nearly any type of flat-roof building. This is especially useful for buildings with heat-sensitive appliances or structures such as ventilation systems or heating and cooling units already installed on the roof. When the use of torches and other heating elements around these units is not an option, modified bitumen can still be installed by other equally reliable means.

Century Link – Modified cap sheet on commercial building 16

FLORIDA ROOFING | November 2017

Like with tar and gravel roofing, modified bitumen requires a surfacing material, and the most commonly used are factory applied mineral blends and gravel. A typical lifespan of modified bitumen is 10 to 20 years, depending on climate and weathering. Modified bitumen is generally applied using a heat-application process that melts the seams together to create a seal, yet sometimes a cold-adhesive application system is used.

APP modified bitumen membranes are self-adhering when heated using a roofing torch. SBS modified bitumen membranes can be formulated for torch application, but are more commonly applied using hot asphalt or cold SBS modified-bitumen adhesive. The result is a BUR system with significantly enhanced performance capabilities. When an SBS or APP cap sheet is combined with traditional BUR-base sheets and interplay sheets, the result is a hybrid roof offering the best of both systems.

Maintenance

Both roofing systems last longer if they are properly maintained. Some assessors use 10 years as an average life cycle, although this is dependent on the type of roof system in place. Some old tar and gravel roofers acknowledge that this may be true if a roof has been neglected for too long and there are many problems in several areas. BUR systems have been utilized dating back to the 1900s and can last up to 20 to 30 years.

General commercial roof maintenance for these systems include removing ponding water, typically within 48 hours.

This is accomplished by adding slope, roof drains or scuppers.

The best time to address the issue of ponding water is during the design phase of a new roofing project. The quicker the water is removed, the less chance there is for a roof leak to occur.

All roofs should be inspected by a professional commercial roofing contractor at least semi-annually and after major storms. Attention should be paid to the flashings around all the rooftop penetrations. The sharp bends at such places can come open and need to be sealed. Also, it is important to keep the roof drains free of debris. A clogged roof drain will cause water to pond, leading to increased load weight on a building that may not be engineered to accommodate the extra weight. Also, ponding water has the chance to freeze which can weaken the roof seams.

Mark Gregory is the general manager of RSS Roofing Services & Solutions in Florida. RSS, headquartered in St. Louis, Mo. and with multiple locations in the Central and Southeastern region of the United States, is a leader in commercial, industrial and institutional roofing services. The company has multiple locations including Florida; St. Louis, MO; Evansville, IN; Nashville, TN; Columbia, MO and a special projects division. RSS is a subsidiary of MHS Legacy Group, a diversified national holding corporation also based in St. Louis with roots back to 1895. For more information, please email Mark at mgregory@roofingsands.com or visit www.roofingsands.com.

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How to Develop a Maintenance Program for Your Commercial Asphalt Roof Tim McQuillen, Director of Technical Services, ARMA

Maintenance and repair are important functions for many things in our daily lives. Anyone who drives a car understands the importance of changing the oil, refilling your wiper fluid and checking the tire pressure to assure a safe, reliable means of transportation. Your roof is much like your car; it needs regular maintenance to perform as specified and maximize useful life. Multi-ply modified bitumen and built-up roof (BUR) systems provide superior protection, yet like all roof systems, they require preventative maintenance to achieve the best possible performance for your investment.

Savvy commercial property owners realize that while the roof that protects building occupants and operations may be out of sight, it can never be out of mind. The proper inspection and maintenance of a commercial roofing system can mean the difference between years of trouble-free operation and a problematic and potentially damaging situation. Deferring proper maintenance and repair can result in disruptions in business, and roof repairs that go undone may risk employee safety.

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A roof is expected to retain its water-resistant qualities under significant challenges. All the seasonal changes we enjoy can wreak havoc on an improperly maintained roofing system. This includes everything from wind-driven rain; to winter and the freeze-thaw cycles that accompany it; to months of searing heat. There is also the physical abuse common when servicing mechanical equipment that resides on the roof. The Asphalt Roofing Manufacturers Association (ARMA) recommends, as do most other professional roofing organizations, that roofs be inspected at least twice a year, once in the fall before winter hits and

again in the spring. When coupled with a regular review of rooftop conditions, a typical maintenance program can identify damage before it becomes a leak and can save property owners time, hassle and money.

Typical Maintenance Programs

While maintenance programs can differ widely by geographic location and type of roofing system, the following common criteria can help you develop an effective maintenance plan and assure that your low-slope roofing system will provide years of reliable, lasting service: ■■ Maintain records to be sure coverage is clearly defined. Make sure contact numbers are readily available to inform the contractor of record and, where required, the manufacturers. Keeping records of all personnel who have worked on the roof and rooftop equipment will make it easier to determine a responsible party should a problem arise.

■■ Understand compatibility of repair materials. Not all materials are suitable for use on all roofing types.

Engaging professional roofing contractors to conduct inspections and perform regular maintenance can limit the risk of using improper materials. If the need for a repair is identified, consult your records and confirm that the repair materials to be used are compatible by calling the manufacturer and contractor.

■■ Conduct routine roof inspections. In the Spring and Fall, check for leak sources such as: • Open seams at base flashings • Deteriorated sealant or mastics • Damaged pitch pans

Northeast Regional Library – A 2016 QARC Bronze Award winner, Precision Roofing Corp. installed a hybrid built up/SBS-modified bitumen asphalt roofing system for the Northeast Regional Library of Hialeah, F lorida, because of its durability, performance and longevity. Photo Credit: Precision Roofing Corp.

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• Loose or missing fasteners ■■ Remove debris that can cause latent damage, especially around drains and scuppers. Branches, stones, fasteners, bottles and other debris can lead to punctures in a roofing membrane and can block water from draining at roof drains.

■■ Examine masonry and metal work for signs of deterioration and potential water infiltration.

■■ Make sure rooftop equipment is maintained in proper working condition and, where necessary, ensure discharge is piped into roof drains or scuppers to help avoid premature deterioration of roofing membranes.

■■ Maintain roof coatings where appropriate to help protect the roof against UV damage and to retain cool roof qualities.

■■ Minimize rooftop traffic and install walk pads to minimize direct foot traffic on the roof surface, thereby helping to avoid potential damage.

Whether you choose the durable, proven performance of modified bitumen or BUR, following a routine maintenance program can add years of lasting, reliable service to your roof system. Many product manufacturers publish roof maintenance guidelines, as do some trade associations.

Superior Weather Protection Through Asphalt Roofing

One objective of developing a roof maintenance plan is to ensure your roofing system continues to provide protection against weather and moisture infiltration. By conducting semi-annual inspections, reviewing rooftop conditions and identifying and remedying potential sources of leaks, you can help prevent unnecessary damage and help avert subsequent repair costs down the line.

In addition to these important maintenance techniques, you can add additional moisture protection to your system by choosing the right roofing products. Asphaltic products play a large role in helping property owners weatherproof their building against the elements. While asphalt roofing products are the preferred choice for roofing systems, they are also used in a variety of other building applications to make a structure more water-resistant.

Because asphalt is highly resistant to moisture, it is commonly used to make a building water-resistant from the ground up. Applied as either a hot or cold liquid, asphaltic or bitumen-based products are used on concrete and other surfaces in basements and around foundations to form a monolithic membrane to prevent water from seeping in. These products may be used in the form of emulsions, solvent-based, or heated to provide the desired liquid application. What’s more, asphaltic products are easy to use, as they can be applied by mop, trowel, roller, squeegee, or sprayed onto the surface.

Modified bitumen and BUR systems provide toughness and stability by using the redundancy of multiple layers to provide long-term durability, making these roof membranes wind- and water-resistant. Their heavy mass enhances the ability of modified bitumen and BUR to stand up to the forces of man and nature.

A roof consultant or qualified building professional can help identify areas of a property that may require attention to help ensure it remains leak-free as the weather changes. Proper weatherization can help avoid leaks and the expense and disruption that can occur when an owner is forced to make untimely repairs. In addition to roofs, foundations and walls can benefit from the water-resistant properties of asphalt products.

For further information on maintaining your roofing system, please visit www.asphaltroofing.org.

Editor’s note: FRSA recommends one inspection a year prior to Florida’s rainy season in the summer, allowing company service crew to address leaks. This will also free-up time for crews to address reroofing in fall, winter or spring.

Tim McQuillen is Director of Technical Services for the Asphalt Roofing Manufacturers Association (ARMA), and has been in the building products industry for 25 years. He is the staff liaison for the ARMA Technical Affairs Committee as well as the ARMA Technical Resource Group. In his capacity with ARMA, Tim is responsible for leading the efforts on ARMA technical publications and communications, and supporting the overall association activities. He also serves in a staff support role for the ARMA Codes Steering Group, assisting with codes and standards advocacy. Tim is the technical voice for ARMA, providing strategic advice to ARMA members and responding to technical inquiries on asphalt roofing products and applications.

Broward County Stephen Broohor Building – A 2017 QARC Award winner, the owners of the Broward County Stephen Broohor Building in Fort Lauderdale, recently installed a SBS modified bitumen roofing system for the low-slope portions of the roof because of its durability and ability to withstand the torrential rainstorms and high winds common in Florida. Photo Credit: David James Creative Group, Advanced Roofing Inc. 20

FLORIDA ROOFING | November 2017

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Communications – A Vital Part of Your Business Lee Rust, Owner, Florida Corporate Finance

Among the more important communications for any company are its communications with its customers.

Those communications can take many direct and indirect forms. For instance, print and other media advertising is an indirect form of customer communication. You place an ad where it is likely to be seen by the intended audience, hope they will respond, and then attempt to determine if the ad was cost effective.

A letter to all of your current customers advising them of a new product or service is a direct form of customer communication. Also, sending such a letter to individual prospective customers broadens its reach and usually its effect on sales.

Start today to compile a list of all the methods you now use to communicate with your customers, as well as those which are available but not currently used. Divide that list into direct and indirect categories and add notes as to how effective each method might be and what each might cost. Then refine that list over time as you try various forms of customer communication and measure their effect on sales, customer retention, new customer generation, and customer awareness of your company and its products or services. That list can also be used to allocate advertising and other marketing expenses to those techniques which are the most cost effective.

What many company managers don’t consider is that customer communications should, wherever possible, include facilities for dialogue End-to-end service in both directions. Giving your cusNeed enrollment assistance? Want tomers the ability to communicate to reduce administrative burden? easily with your company is one of We can help every step of the way. the most important forms of contact Money-saving strategies with that important constituency. You We’re constantly thinking about ways might use a company website as one to save you money. Sound familiar? method of communicating with your current and prospective customers.

Personalized benefits counseling We meet 1-to-1 to help everybody That website, however, should also get the benefits that are best for be interactive and allow your custhem. Which is also best for you. tomers to send questions, comments, complaints, or suggestions back to appropriate people at your company.

To learn more, contact: Other forms of communications Denise Stanley from your customers back to your 877-212-0076 company include telephone conversations with your customer service Denise.Stanley@ColonialLife.com representatives, comment cards sent with ordered products, or follow-up calls after a product has been received ColonialLife.com or a service provided. It’s not good enough that you think you know how n n n DISABILITY ACCIDENT LIFE DENTAL your customers feel about your comCRITICAL ILLNESS n HOSPITAL INDEMNITY pany. You should know exactly what they think. You can’t do that if they don’t tell you, and they aren’t likely to ©2016 Colonial Life & Accident Insurance Company, Columbia, SC | Colonial Life insurance products are underwritten

by Colonial Life & Accident Insurance Company, for which Colonial Life is the marketing brand. 4-16 | NS-15100 tell you if they don’t have an easy and convenient method of doing so.

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In addition, for all communications from your customers, be sure they are answered promptly and appropriately.

Having a customer complaint or suggestion go unanswered is one of the worst mistakes you can make with customer communications.

In regards to measuring the effect of your various forms of communication with your customers, your service representatives or salespeople should always ask, when contacted by a new customer, how and where they heard about your company. You should then keep records of those responses and use that data to direct your customer communications toward the most effective methods.

You should also measure the frequency and extent of your customer communications. Every member of your sales group should submit weekly customer call reports.

You’ll not only know which of your salespeople are working the hardest but can also measure their closing rate or revenue generation. Lots of salespeople can make lots of sales calls but not generate much revenue. To prevent that, all of your salespeople should clearly understand the difference between presenting a product or service and asking for the order.

Periodic call reports are even more important for independent sales representatives. Because most of these sales agencies carry multiple lines, you should know how often and to whom your products or services are presented. Again, you can then measure closing rates and compare the efficiency of your sales reps based on their communications with potential customers. I’ve often heard that independent sales agents use their independence to resist compiling and sending sales call reports. In my experience, however, if those agents won’t send call reports, you probably have the wrong representatives.

In addition, as one part of their customer communications, your sales group, whether employees or agents, should maintain an up-to-date, computer based list of all customer and prospect contact information. The

salespeople should be able to enter a new name in the list or change the contact information with computer access from any location. In addition to name, address, and phone number, that list should also include e-mail addresses.

For many companies, a particularly effective method of customer communications is a monthly newsletter sent by e-mail. I’ve long found that to be a particularly effective method of reminding my past and prospective clients of my services. Although the broadcast e-mail software I use is no longer available, there are several programs that can be explored with a “broadcast e-mail software” Internet search.

By the way, sending any customer communication without having it addressed to a specific person by name is a big mistake. A letter addressed to “occupant” or to “the President” or to only the company name will be discarded, and the postage, paper, and time spent on the letter will all be wasted. An e-mailed newsletter not individually addressed to a person by name is spam, and we all know what happens to that.

Customer memories are short. Don’t let your customers or prospects forget that your company is active, interested in addressing their needs, and sensitive to their feelings about your products or services. Communicate with your customers frequently and consistently.

Lee Rust, owner of Florida Corporate Finance and specializes in Mergers & Acquisitions, Corporate Sales, Strategic Planning, Financing and Operations Audits – phone 407-841-5676.

Tile Systems After Wind Events Technical Bulletin – Tile Roofing Institute Rick Olson, President & Technical Director, Tile Roofing Institute The Tile Roofing Institute (TRI) has been asked to provide considerations with regard to reviewing installed tile systems after wind events. While each roof will need to be inspected for actual conditions, here is the history of the wind uplift resistance research.

As an industry, we performed extensive wind tunnel and physical uplift tests to determine fastening recommendations for various wind speeds. The Miami-Dade County NOA Approvals, FBC approvals and our FRSA-TRI industry installation manual reflect those results for anticipated uplift resistance at various wind exposures, speeds and mean roof height.

In simplistic terms, we found that once the bottom

edge (downslope) of the tile is allowed to lift 2-inches, the wind will have sufficient access to withdraw the tile fastener and prevent the tile from properly securing to the sub-straight for the design wind uplift resistance. The formal test protocols were reflective of a 2-inch lift as one of the failure mechanisms for tile approval.

As roof inspections occur, the roofing professional should consider inspecting the tile fastening condition post storm, to determine if there has been any compromise for future performance.

As always, the local building official has the final authority for what may be allowed in a specific jurisdiction. www.floridaroof.com | FLORIDA ROOFING

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What You Need to Know About Warranties Trent Cotney, P.A.

There are a variety of warranties in the roofing industry, including warranties provided by material suppliers and warranties governing the workmanship of a roofing contractor. Often, a roofer or supplier may want to limit the warranties it provides to a customer. This article will discuss the type of warranties associated with the sale of goods such as roofing supplies and how a roofer or supplier can contractually limit or even eliminate the warranties it provides to customers.

Warranty Disclaimers

The Uniform Commercial Code (UCC) (as adopted by Florida law) governs all transactions involving the sale of goods. “Goods” are defined under the UCC as all tangible things that are movable at the time they are identified as the goods to be sold under the contract. Therefore, the UCC does not apply to transactions involving security interests, real estate, or the exchange of services.

Furthermore, Article 2 of the UCC generally applies to merchants, or individuals regularly engaged in selling a good.

For example, a transaction involving the sale of shingles from a supplier to a contractor would be governed by the UCC. The UCC would not apply to a contractor who does not sell the shingles but merely installs them for the customer. An interesting situation arises where the contractor sells the shingles and installs them. In this case, the UCC focuses on the purpose of the transaction. If the purpose was to sell the owner shingles, then the UCC will govern the transaction, but if the scope of the agreement focused on the installation of the shingles, then the common law of contracts applies to the transaction.

The UCC recognizes several different warranties.

Express warranties involve explicit representations made by the seller to the buyer regarding the goods to be sold.

An express warranty exists only if it is part of the agreement between the parties. For example, a written warranty in any contract or proposal, or sample models or descriptions of the goods to be sold may form express warranties.

The UCC also discusses two types of implied warranties. The implied warranty of merchantability provides the buyer of goods with the assurance that the goods are fit for the ordinary purposes for which the goods are used.

The implied warranty of fitness for particular purpose arises when the seller knows that the goods are to be used for a special function. For example, if I buy tires for my car, the implied warranty of merchantability provides the reasonable expectation that the tires will withstand normal driving conditions. However, if I buy racing tires, the implied warranty of fitness for a particular purpose provides the reasonable expectation that the tires will withstand racing conditions.

To effectively disclaim UCC warranties, the disclaimer must be part of the agreement between the parties.

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FLORIDA ROOFING | November 2017

Specific language must be used in the contract signifying that the parties agree to exclude or modify warranties. The disclaimer must be set off from the rest of the contract by a technique which would provide the reader with notice of the provision, such as bold-facing or capitalization of the terms. Failure to make the disclaimer conspicuous may result in a court determining that the disclaimer is ineffective.

Although generalized disclaimers such as “all disclaimers express or implied are waived by the buyer” may be effective in eliminating express warranties, courts have generally held that these nondescript disclaimers are not effective in modifying or excluding the implied warranties of merchantability and fitness for a particular purpose.

Even though every disclaimer is subject to scrutiny, the following disclaimer has been deemed effective in excluding all express and implied warranties: THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Having provisions like this in construction contracts may help a contractor or supplier limit the scope of a warranty and thereby limit its liability on a project.

The Implied Warranty of Availability

The majority of construction materials are readily available. However, at times, an owner may require the use of a construction material which is difficult to locate or only available from a single supplier. In this instance, several cases have suggested that the owner implicitly warrants the commercial availability of that particular material.

Although there are no reported cases where a Florida court has expressly adopted the implied warranty of availability, several non-Florida state and federal cases have extended the implied warranty of availability to the construction arena. This section will focus on the emergence of this implied warranty and discuss the ramifications for contractors and subcontractors if the warranty is adopted in Florida.

The implied warranty of availability is similar to the implied warranty of constructibility, which Florida has adopted. See U.S. v. Spearin, 248 U.S. 132 (1918); Phillips v.

Jordan, 602 So.2d 1310 (Fla. 1st DCA 1992). The implied warranty of constructibility provides that if the contractor complies with the plans and specifications furnished to it by the owner, the contractor will not be responsible to the owner for loss or damage that result solely from defective or insufficient plans. Similarly, the implied warranty of availability provides that when an owner specifies one supplier for a specialty or brand name material or material that is only available from one supplier, and that supplier is unwilling or unable to provide the construction material, then the government specifications are facially defective.

As a result, the owner has breached the implied warranty of constructibility and is liable for the contractor’s damages arising out of the defective specifications.

The difference between the implied warranty of constructibility and the implied warranty of availability is that the former focuses on the sufficiency of the plans and specifications, where the latter focuses on the commercial availability of materials used in construction. Under the implied warranty of availability, the owner warrants that the supplier selected by the owner is capable of providing a specified construction material. However, case law has narrowed the scope of the implied warranty of availability by providing that the owner only warrants commercial availability. The owner does not warrant that the supplier will be able to provide the material in a timely fashion or at a specific price. Furthermore, the implied warranty only applies to owner-selected suppliers or construction materials and does not apply to supplier or material selections made by the contractor on a project. Therefore, if a contractor recommends the use of a specialty or brand name material from a single supplier, then the contractor is solely responsible for obtaining the material and assumes the risk of being unable to obtain the material during construction.

The seminal case on the implied warranty of availability is Aerodex, Inc. v. United States, 189 Ct. Cl. 344, 417, F.2d 1361 (1969). In that case, the plaintiff was the winning bidder on a project which required the plaintiff to provide missile systems for the government. The bid proposal and contract documents stated that the contractor must obtain a brand name version of a component used in the missile system from a specific supplier. However, when the component became necessary for completion of the missile system, the sole supplier of the component refused to sell the part to the contractor. The court held that the government had a duty “to ascertain and assure to bidders the commercial availability of the component from the manufacturer” or provide the bidders with a sufficient

description of the component so that the component could be duplicated. Id. at 1366. Because the government breached the implied warranty of availability, the court held that the government was liable for the contractor’s damages.

The implied warranty of availability is not to be confused with Chapter 255, Florida Statutes and the sole source specification requirement. Chapter 255 provides for certain exceptions to competitive bidding where the governmental owner may specify a product or material that is only available from a single supplier. These statutes do not create an implied warranty of availability.

Although Florida has not expressly adopted the implied warranty of availability, the warranty has been implicitly adopted through Florida’s adoption of the implied warranty of constructibility. Given its prevalence in other parts of the country, in the coming years, Florida will more than likely adopt the implied warranty of availability, which may provide a contractor or subcontractor with an additional claim or defense against project owners.

The Implied Warranty of Constructibility

Generally, on construction projects, contractors provide an owner with a workmanship warranty. In addition, a contractor may supply the owner with manufacturer or material warranties after a project is completed. Although these types of warranties are provided by the contractor to the owner, the owner also provides certain warranties to the contractor during the course of construction. One such warranty is the implied warranty of constructibility, also known as the implied warranty of fitness and plans or the Spearin Doctrine.

Unless the contractor is engaged in a design build project, the contractor is normally provided with a set of plans, specifications and design documents from the owner. The design documents may either be generated by the owner or at the owner’s request by an architect, engineer or

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other design professional. The Spearin Doctrine provides that the contractor is entitled to rely on the design documents provided by the owner. The contractor is bound to build the project according to the plans and specifications prepared by the owner or at the owner’s request. Under these circumstances, the contractor is not responsible for the consequences of design defects.

An owner implicitly warrants that if a contractor complies with the plans and specifications, which later prove to be defective, the contractor will not be liable to the owner for the loss or damage which results solely from the design deficiencies. In U.S. v. Spearin, 248 US 132 (1918), the United States Supreme Court articulated the implied warranty of constructibility. In that case, the Court recognized to a certain extent the contractor is bound by the design provided to it on the project and that the contractor should not be liable for defects in that design. The Supreme Court also stated that the owner’s duty to provide accurate plans and specifications is not overcome by provisions in the contract requiring the contractor to:

utilized by a contractor to defeat alleged claims for defective construction. For example, an owner may claim that the contractor defectively constructed the roof of an office building. After forensic examination, it is determined that the design of the roof was faulty. Under those circumstances, assuming the state recognizes the Spearin Doctrine, the contractor would not be liable for structural deficiencies.

Contractual provisions in AIA documents and other construction contracts attempt to cut against the Spearin Doctrine, and courts may be less willing to look the other way when it comes to blatant design deficiencies.

Therefore, the contractor should thoroughly examine all design documents prior to construction to determine their feasibility. During construction, if a design issue arises, the contractor should notify the architect/engineer and owner’s representative of any design defect immediately. Many construction contracts allow for the request for information process (RFI) which allows contractors to request information and clarification on design-related issues from the architect or engineer of record.

1. check plans; By understanding and utilizing the Spearin Doctrine, 2. visit the site; or contractors may be able to defeat owner claims related to 3. assume responsibility for the construction until the design deficiencies and preserve and prosecute claims for project is completed and accepted by the owner. delay damages arising out of design defects.

Many states have adopted the Spearin Doctrine and applied its reasoning to construction projects. However, not all states follow the Spearin Doctrine, but those that do often hold the owner liable for delay damages as a result of design deficiencies. If the design documents are faulty and unreasonably delay completion of a construction project, the owner may be in breach of contract entitling the contractor to additional compensation. See Philips and Jordan, v. Dept. of Transportation, 602 So.2d. 1310 (Fla. 1st DCA 1992).

The Spearin Doctrine is an important tool that can be

Author’s note: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Trent Cotney is an advocate for the roofing industry, General Counsel of FRSA, NWIR, WCRCA, and PBCRSMA, and a Florida Bar Board Certified Construction Lawyer. For more information, contact the author at 813-579- 3278 or go to www.roofinglawyer.com.

FRSA’s Political Action Committee Receives Funds Each year, during the fall Board of Directors and Committee meetings, we hold an annual fund-raising tournament with proceeds benefiting FRSA’s Political Action Committee (PAC). This year’s events, planned for The Westgate River Ranch, were canceled due to Hurricane Irma. Staff contacted all those who made a contribution or

registered for one of the PAC tournaments, asking if they would like a refund or to donate the funds to the PAC. Funds collected enabled us to contribute $6,543 to the PAC, providing resources for FRSA Legislative Counsel, Cam Fentriss, to donate to those members in the legislature who support industry positions.

The following companies generously donated: APOC Architectural Sheet Meta Inc. Atlas Roofing Corp.

CardConnect CFS Roofing Services Collis Roofing Inc. Duro-Last Roofing Inc. Edwards Roofing Co.

FRSA-SIF Gainesville Roofing & Co. Inc. Gold Key Roofing LLC IKO J.W. Edens Insurance & Bonds Len's Roofing Mark Kaufman Roofing Contractor Mason Roofing Inc.

McEnany Roofing Inc. Petersen Aluminum Corp.

Quality Roofing & Sheet Metal SWFRCA (Southwest Affiliate) TCRCA (Tri-County Affiliate) Tom Tanenbaum Inc. Trent Cotney P.A.

Thank you to all for your generous support!

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FLORIDA ROOFING | November 2017

UNLIMITED POTENTIAL

ENDLESS OPPORTUNITIES

2018 International Roofing Expo

®

Exhibits & Conference: February 6-8 Ernest N. Morial Convention Center | Halls B-D | New Orleans, Louisiana

Innovative Products. Thought-provoking Presentations. Unlimited Technological Advances.

Join roofing industry leaders for a face-to-face experience that includes serious solutions, real results and best practices for business growth in the new year.

• 470 vendors, 1,300+ booths • 16 hours of exhibit time • 44 diverse educational sessions • 11,000+ roofing pros from 60 countries

Register at www.TheRoofingExpo.com to receive FREE Expo Only admission.

Official Show Sponsor:

During the online registration process, enter ADG when prompted to enter a discount code.

Discounts apply to new registrations only. Not applicable to non-exhibiting manufacturers or manufacturers’ agents.

No refunds issued for pre-existing registrations.

Official Show Publication:

Info@TheRoofingExpo.com 800.684.5761 | 972.536.6415

5 Strategies to Give Your Construction Company a Good Name Sam Beiler, Marketing Manager, Equipter

Reputation matters when you’re in the construction industry, especially in a world that moves at the speed of a smartphone swipe. Whether a residential client leaves reviews on ratings websites or a facilities manager texts a recommendation to a colleague, you can boost the likelihood your company earns the good name that keeps referrals rolling to your door.

Communicate with Clients

Whether you’re renovating an old farm house or building a new commercial building, one of the most important factors in maintaining a good reputation is having a clear communication process in place. The more transparent you are about the construction process, the more customers will trust your company. For example, if a renovation client is concerned about damage to landscaping during the project, explain your plan for reducing the risk.

Take the opportunity to also share your knowledge and insights at trade shows or home show events. Consider hosting a free show workshop or class, or attend industry events hosted by others and participate by asking questions or contributing to the conversation.

It takes more than hope to give your business a good name. Use these tips to take action and build the quality reputation your construction company deserves.

Sam Beiler is Marketing Director at Equipter, Lancaster, PA. He has grown up in the industry and understands firstEstablish Client-Pleasing Processes hand how hard work and diligence pays off. He enjoys Build a strong reputation for stellar service by building meeting new people and is passionate about offering a construction processes that get the job done efficiently product that helps companies become more profitable. and with minimum mess, particularly on jobsites with existing structures, like a home or office building.

Do What You Say You’re Going to Do

This is one of the most important trust-building factors when you’re working with clients, and it starts with the very first contact they have with your business, whether that’s through a website form or a chat at a home show. If you say the crew is going to arrive at the jobsite at 6 a.m., then make sure they do so. These small but simple actions send a big message – one that shows the customer you respect them and their time.

Save the Date for FRSA’s 96th Annual Convention and Expo!

June 27-29, 2018 | Kissimmee

Hire the Right Crews

Your most critical investment is in your employees, from the assistant answering the phone to the mason working the jobsite. Implement the hiring and retention systems that staff your construction company with skilled workers who also have the “customer first” attitude that helps you build an exceptional, referral-generating reputation.

Share Your Construction Expertise

Another way to build your company’s reputation is to share your expertise in a relevant way. Show potential and current clients they can rely on you to be their go-to construction resource. For example, a commercial construction company might publish a blog that provides tips on choosing the right green building methods or how to get the best bids for an office renovation project.

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FLORIDA ROOFING | November 2017

Need a booth? The Expo floor is 80 percent full. Reserve today to lock in a great location!

Contact Cheryl Sulock at 800-767-3772 ext. 177 or cheryl@floridaroof.com.

“All things being equal, the simplest solution tends to be the best one.”

– William of Occam

We couldn’t agree more.

Peel & Seal® is the best and simplest solution for low-slope roof and flashing repairs. Just peel off the release liner, press into place, and roll smooth to seal the leak. That’s all it takes.

Leave exposed for years of worry-free protection.

Learn more at www.mfmbp.com or by calling 800-882-7663.

MEMBER PROFILE

Matthew Leonard Vice President, Architectural Sheet Metal Inc. How did you get started in the roofing industry?

I grew up in the industry. My parents own the company, and as I was growing up my dad would take me to sites from time to time and show me what they do. I never planned to join it, but when graduating high school, it was just too good an offer to pass up and I never left.

Musk to pick their brains about how to make it in today’s world.

Last, I’d like to go meet the leader of whatever is around 1,000 years from now to see how far we’ve come, and how they view us today.

What’s your favorite part of the job?

The fact that you get to see new places and every job is always different. I love traveling and going new places and roofing can be done all over the place – just pick where you want to go.

What do you personally find most rewarding about being involved with FRSA? Getting out and meeting people, while still working and progressing in the business – changing it up from the normal day.

What’s the most unusual roofing project that you’ve been a part of?

Two come to mind; the first is the Dumbo ride at Disney and the other is the new South APM Terminal at Orlando International Airport (OIA). Disney is a very custom place to work and every roof panel on it was field measured to fit. OIA is the largest project we have done, but even though it’s one building, we have two contracts with two of the largest contractors in the country, who only care about their portion of it.

What do you consider a waste of time?

There is some value to these, but “pulled plans” are the worst. It is too detailed of a schedule, too far out and all everyone does is cut their time in half to make the contractors happy, when the reality is, it is going to take twice as long.

What’s your favorite vacation?

I have a three-way tie between climbing Mt. Rainier with my Dad, spending a month in Europe with my best friend (two weeks of it working for Habitat for Humanity in Romania), and Peru visiting Machu Picchu with my wife.

What is your dream job?

Growing up it was to be a Mammologist; now all I want to do is take over the family business and keep it growing strong.

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If you could spend time with three people (living or not), who would they be and why?

I would like to spend time with Socrates because he is one of the greatest minds ever, and I want to know more about life during his time. Second, I would go modern with either Bill Gates or Elon |

FLORIDA ROOFING November 2017

How long have you been involved with FRSA? Around 13 to 14 years.

What advice would you give to someone interested in joining the roofing industry?

Get in here! The sky is the limit, and roofing will be around forever. There is something for everyone in roofing – people just need to give it a chance. I tell people all the time that I get to travel to fun places and get the chance to make a nice living for my family.

Sure, the work can be hard, tiring and stressful and not “trendy,” but nothing is without stress or hard work and the “trendy” jobs one day won’t be.

What’s your favorite pastime activity?

I started backpacking in the Boy Scouts and continued with my Dad. It’s the best way to clear your head and get refreshed while seeing amazing places.

What would be your ideal place to live and why?

The best place is right here in Central Florida, although I would love to one day have a second place in Colorado.

What other activities and organizations are you involved with?

I am a member of the Central Florida Roofing and Sheet Metal Association (CFRSA), National Roofing Contractors Association (NRCA), Professional Construction Estimators Association (PCEA) and FRSA. I am a committee member for both FRSA and NRCA. What would surprise others to learn about you?

That I never worked anywhere else other than the family business, that I am an Eagle Scout, and I love Obstacle Course Racing through Mudder, Spartan and Savage.