<?xml version="1.0" encoding="utf-8"?>
<rss version="2.0" xmlns:dc="http://purl.org/dc/elements/1.1/">
<channel>
<title>Guest Blogger - Condominium Insurance Law</title>
<link>http://www.condominiuminsurancelaw.com/picl-guest-blogger.html</link>
<description></description>
<language>en-us</language>
<copyright>Copyright 2012</copyright>
<lastBuildDate>Wed, 15 Feb 2012 11:50:54 -0500</lastBuildDate>
<pubDate>Mon, 20 Feb 2012 06:36:27 -0500</pubDate>
<generator>http://www.movabletype.org/</generator>
<docs>http://blogs.law.harvard.edu/tech/rss</docs> 

<item>
<title>If a Roof Doesn&apos;t Leak, is it Damaged?</title>
<description><![CDATA[<p><em>(<strong>*Note:</strong> This guest blog is by Steven M.&nbsp;Thomas, President of </em><a href="http://www.roofleakdetection.com/index.html"><em>Roof Leak Detection Company, Inc.</em></a><em>,&nbsp;a Certified Testing Laboratory located in South Florida which specializes in testing and consulting services for commercial and industrial properties).</em></p>
<p>On numerous occasions I&rsquo;ve had the unfortunate burden of informing building owners that their roofing system is no longer repairable and must be replaced. This revelation, that the roof must be replaced, becomes a big surprise when the tenants of the building report that the roof is not even leaking. &ldquo;How can that be?&rdquo; is usually the first question that is asked. Why must it be replaced!?</p>]]><![CDATA[<p>Depending upon the roof composition and supporting deck type, there can be multiple reasons why a bad roof does not leak. While there are numerous potential reasons, the most common are:</p>
<ol>
    <li>Concrete decks tend to not let water migrate into the interior of the building.</li>
    <li>Sub-surface insulation boards can absorb large quantities of water and never leak into the interior.</li>
    <li>Light weight concrete is very absorbent and can greatly reduce noticeable leakage into the interior. This is one the reasons why light weight concrete is so widely used on big retail centers.</li>
</ol>
<p>For Example: The following is based on a recent insurance claim I worked on. A thirteen building complex in Boca Raton, Florida, did not know that their roofs were damaged. No one reported any leaks after <a href="http://en.wikipedia.org/wiki/Hurricane_Frances">Hurricane Frances</a> had impacted the property in September of 2004. However, a wise property manager and Board President sent their maintenance personnel to do a cursory inspection of the roof to see if any damage was visible. The property had carport awnings and trees blown down, however the maintenance personnel reported that other than the drains being clogged on every roof, none of the roofs appeared to have been uplifted. The maintenance personnel did report that over a foot of water was present on each roof but one. The roof that had no ponding water was the only building in the complex that had a walk-out stairwell to the roof; this stairwell acted as an overflow for the roof and is the only reason why ponding water was not found on that particular roof.</p>
<p>The Association filed an insurance claim for the damage. They asked the insurance adjuster to look at the roofs, because every community around the complex was getting new roofs. The insurance adjuster did report that he observed several scrapes and gouges to the roof membrane on each of the buildings, however it was his position that the roof damage he observed was not over the deductible.</p>
<p>The Manager and Board President, not believing the insurance company adjuster, then hired a public adjuster to assist them in the claims process. The Association also hired a roofing consultant to evaluate the condition of the roofs. The roofing consultant hired by the Association performed Nuclear Moisture Surveys on each building and found that 12 of the 13 roofs were saturated with moisture. The insurance company did not believe the results of the Association&rsquo;s consultant and decided to hire their own company to perform another Moisture Survey on three of the thirteen buildings in an effort to refute the Association consultant&rsquo;s conclusions.</p>
<p>The company hired by the insurance company performed an Infrared Moisture Survey. The buildings had been re-roofed just two years prior to the storm event. The roofing systems at the complex are smooth surfaced silver reflective coated with six inches of light weight concrete. The Infrared Survey is not recommended for usage on this type of roofing assembly by <a href="http://www.astm.org/">ASTM</a> or anybody with knowledge about infrared testing for roofs. The results were inconclusive according to the insurance carrier&rsquo;s Infrared Moisture testing company. However, the company adjuster, believing he had fulfilled his duties to report that he found no damages over the deductible, denied the claim.</p>
<p>The Association was then forced to hire an attorney. The attorney subsequently hired my firm. After reviewing all of the previous tests performed on the roof, Roof Leak Detection personnel performed our own testing. The testing included a Roof Moisture Survey (Nuclear Method), Gravimetric Core Analysis on each roof, Wind Uplift and Fastener Uplift testing.</p>
<p>Our objective was to find out the condition of the roof before we opined on how the roof came to be in the condition we found it at the time of our evaluation. Insurance companies would be better served by their experts if the experts would take the same approach prior to making an opinion about the condition of a roof. I have performed hundreds of roof evaluations for insurance companies and not once did I ever give an opinion as to the condition without performing some type of roof testing. In my opinion a roof condition report without performing accepted scientific testing is unprofessional and cheats both the insured and insurance company. Would you let a Doctor tell you, you need to replace your knee without performing an X-Ray or MRI? Of course not! Then why would you believe an analysis of your roof without any testing being performed?</p>
<p>Our Roof Moisture Survey determined that the roofs on 12 of the 13 buildings were indeed saturated, as the Association&rsquo;s consultant had found three years earlier (wet insulation does not dry out). We performed wind uplift testing to measure the performance of the roof in its present condition and found that the saturation of the light weight concrete severely diminished the roofing systems uplift capabilities. We conducted fastener uplift test into the light weight concrete to measure the uplift resistance of a like kind fastener and found that the light weight concrete could no longer provide the minimum resistance values for the like kind fastener. We performed Gravimetric Core Analysis on each roof to determine exact moisture contents. Through all of the testing performed, we were able to determine the condition of the roof and whether the underlying insulation would be useful in any future re-roofing applications. We proved without a doubt that the light weight concrete was damaged beyond repair and must be completely removed prior to a new roofing system being installed. We were also able to pinpoint the causation for how the moisture entered the roof during Hurricane Frances. It was not that difficult to figure out! Had the insurance carrier expert been there to truly evaluate the roofs&rsquo; conditions rather than taking on the roll of damage deniers, the good people of this community would not have waited so long for this case to settle.</p>
<p>The insurance adjuster and their experts hung their hat on the belief that if a roof is not leaking then it can&rsquo;t be damaged. The insurance company adjuster and experts overlooked obvious signs of moisture infiltration into the roofing system and did not believe the first set of Roof Moisture Surveys that were performed by a certified testing company. In fact, the insurance company experts attempted to refute the first set of Moisture Surveys by cutting <em>one</em> core on <em>one</em> building to determine that <em>all</em> of the first Moisture Surveys were incorrect. The sad part is that the&nbsp;carrier believed them.</p>
<p>Even when my firm provided another Certified Moisture Survey they were skeptical. The first testing company and my firm are certified testing companies; however the carrier&rsquo;s expert insisted on having another company perform another Nuclear Moisture Survey, the company they hired was not a certified testing company; however they came up with the same results as we did. The insurance company eventually paid a claim of over $5,000,000.00. The carrier reportedly paid over $250,000.00 in expert fees. What a waste! Had their experts been diligent, and followed accepted procedures for evaluating roofs, the case would have been settled much sooner.</p>
<p>If your property has been in the path of a hurricane, tornado or severe straight-line wind event, have your roof inspected by qualified independent personnel. Insist on scientific testing to back up any opinions from either the insurance carrier or your own engineering or roof consulting firm, <em>DO NOT ACCEPT VISUAL OBSVERVATION REPORTS</em>. Failure to accurately evaluate damage could lead to further damage to the property. More importantly though: never assume that because a roof does not leak, it was not damaged.</p>
<p>Steven M. Thomas<br />
President<br />
<a href="http://www.roofleakdetection.com/index.html">Roof Leak Detection Company, Inc.</a></p>]]></description>
<link>http://www.condominiuminsurancelaw.com/2012/02/articles/condominium-associations/if-a-roof-doesnt-leak-is-it-damaged/</link>
<guid isPermaLink="false">http://www.condominiuminsurancelaw.com/2012/02/articles/condominium-associations/if-a-roof-doesnt-leak-is-it-damaged/</guid>
<category>Condominium Associations</category><category>Roofing</category>
<pubDate>Wed, 15 Feb 2012 11:50:54 -0500</pubDate>
<dc:creator>Guest Blogger</dc:creator>

</item>
<item>
<title>Discerning Tornado Damage After A Storm</title>
<description><![CDATA[<p><em>(<strong>Note:</strong> This Guest Blog is by Steven M. Thomas, president of </em><a href="http://www.roofleakdetection.com/index.html"><em>Roof Leak Detection Company, Inc.</em></a><em>, a Certified Testing Laboratory located in South Florida which specializes in testing and consulting services for commercial and industrial properties).</em></p>
<p>Severe weather events such as tornados can result in significant property damage. Structural damage can take many forms &ndash; some are obvious and others are less visible. But they can all present significant safety risks and must be identified and addressed immediately.</p>]]><![CDATA[<p>The wind speeds generated by some tornadoes are so great that designing for these extreme winds is beyond the scope of building codes and engineering standards. Most buildings that have received some engineering attention, such as schools, and that are built in accordance with sound construction practices can usually withstand wind speeds specified by building codes. Meeting these code-specified wind speeds can provide sufficient resistance to Tornadic winds if the building is located on the outer edge of the tornado vortex. In addition, if a portion of the building is built to a higher tornado design standard, then both building and occupant survival are improved.</p>
<p>Wind creates inward and outward-acting pressures on building surfaces, depending on the orientation of the surface (<em>e.g.</em>, flat, vertical, low-slope). As the wind moves over and around the building, the outward-acting pressure increases as the building geometry forces the wind to change direction. These pressure increases create uplift on parts of the building, forcing the building apart if it is too weak to resist the wind loads. When wind forces its way inside or creates an opening by breaking a window or penetrating the roof or walls, the pressures on the building increase even more.</p>
<p>Heavy building materials (reinforced masonry or concrete) that are well tied to all other building components often survive extreme winds. The weight of these materials helps resist uplift and lateral loads, and heavy materials often stop windborne debris that can increase damage to the building. However, heavy concrete roof panels and heavy masonry walls that are not adequately connected or reinforced have failed during severe winds. Lightweight roofing and siding materials such as gravel, insulation, shingles, roofing membranes, and brick veneer can also be a problem.</p>
<p>Building shapes that &ldquo;catch&rdquo; the wind, such as overhangs, canopies, and eaves, tend to fail and become &ldquo;sails&rdquo; in extreme winds. Flat roofs can be lifted off when the wind flows over them and increases the uplift pressure at the corners and edges of the roofs.</p>
<p>What signs to look for if your building is in a region where Tornadic activity has occurred. These items may be subtle and not easily visible to the un-trained eye.</p>
<ol>
    <li>Fresh Structural Cracks, the color difference in the cracks should be significantly different from other natural cracking.</li>
    <li>Tornadoes are different than Hurricanes in that roof wind uplift damage is not usually isolated to the corners and perimeter. Close inspection of the entire roof surface should take place; look for tented areas of the roof membrane particularly on mechanically fastened roofing systems. When wind uplift damage occurs the roof membrane may not tear, however as the storm and high winds pass, the roofing system will settle back down, if it has not blown off. When this settling occurs in most instances the roof membrane will be wrinkled or tented in some form. If this condition exist, the result is most likely from a high wind event.</li>
    <li>Inspect all roof top appurtenances for damage. Most flashing components protrude thru the structural deck. If they have been weakened or damaged, these areas can allow massive amounts of water into the building. Pay close attention to any fresh cracking of the roof membrane or sealant around the flashing components.</li>
    <li>Debris impact strikes, if you have a smooth surface roofing system, the debris strike areas will be easily identifiable. If you have a ballasted or gravels surface roof the areas may be concealed due to the gravel being displaced. Particularly on the gravel/ballasted surface roof, if displaced gravel/ballast is observed the roofing system should be further evaluated by Professionals familiar with wind damage analysis. It is very likely that piles of gravel will accumulate in sections of the roof, furthermore if you have roof gravel in the parking lot of your complex, it is most likely that your roof sustained some type of damage.</li>
    <li>Hail is usually associated with Tornadoes and can severely impact the performance of a roofing system. Even pea sized hail can cause severe damage to many types of roofs. Look for spatter marks on the roof surface, the impact strikes will be easily identifiable on smooth surface or metal roofs. Even small sized hail impacts can cause micro-fracturing which will result in a reduction of service life to the roofing system.</li>
</ol>
<p><em>Steven M. Thomas CRI-RC, CIT 4875<br />
President<br />
<a href="http://www.roofleakdetection.com/index.html">Roof Leak Detection Co., Inc.</a></em></p>]]></description>
<link>http://www.condominiuminsurancelaw.com/2011/05/articles/insurance/discerning-tornado-damage-after-a-storm/</link>
<guid isPermaLink="false">http://www.condominiuminsurancelaw.com/2011/05/articles/insurance/discerning-tornado-damage-after-a-storm/</guid>
<category>Insurance</category><category>Tornado</category>
<pubDate>Fri, 13 May 2011 13:34:13 -0500</pubDate>
<dc:creator>Guest Blogger</dc:creator>

</item>
<item>
<title>How To Protect Your Roofing Investment</title>
<description><![CDATA[<p><em>(<strong>Note:</strong> This guest blog is by Steve Thomas, president of <a href="http://www.roofleakdetection.com/about.html">Roof Leak Detection Company, Inc.</a>, a Certified Testing Laboratory located in South Florida which specializes in testing and consulting services for commercial and industrial properties).</em></p>
<p>The past few years have taught building owners, property managers, and condominium managers an uneasy lesson about roofs. Most have discovered that if their roofs fail, they may still face a fight with their insurance company to recoup their losses. This dilemma can be avoided in many instances if one simple rule is followed: <em><strong>Document the condition of your roofing system</strong></em>.</p>]]><![CDATA[<p>What steps should a condominium association take in documenting the condition of its roofing system? It is my recommendation that, at a minimum, if your building has a sloped roof, you should have photographic documentation of your roof from all angles. At the very least, this will prove that your roof was intact prior to any storm or other damage. It is further recommended that a professional (roof consultant, engineer or architect) evaluate the condition of your roofing system assembly. This will allow you to make any recommended or necessary repairs prior to hurricane season. These repairs should be documented, and you should retain a file of all roof inspections and repairs.</p>
<p>Flat roofs are a different story. For a flat roof, at a minimum, you should have a roof moisture survey performed by a licensed, certified roof testing company. This moisture survey will provide you with scientific data showing the condition of your roof. Speaking from my own experience, in every instance where my company performed a moisture survey (prior to the storm event) on a roof that then failed, the insurance company accepted the report and the long litigation process was not necessary. Why is this? The answer is two-fold.</p>
<p>First, a licensed, certified roof testing company is not a roof contracting company or material manufacturer. The opinion of a roofing testing company is considered unbiased and therefore lends more credibility to the report.</p>
<p>There are three different methods of roof moisture surveys that can be performed. It is very important to have the proper type for your roofing system conducted. Not all moisture survey methods are the same, and many types of moisture surveys are not applicable to many roofs.</p>
<p style="margin-left: 40px">1. Infrared Method: Infrared cameras have come a long way in the past 12 years. Many of the cameras have a high resolution that can distinguish wet areas of insulation. It is my opinion that infrared cameras, although useful, are not the best way to measure moisture infiltration into many types of roofing systems. Infrared measures surface heat differential; wet insulation will hold heat longer than dry insulation thus allowing the infrared image to locate the trapped moisture. The biggest drawback to the infrared method is that many of the roofing systems do not have the type of composition to render the infrared image effective.</p>
<p style="margin-left: 40px">The following are examples of the types of roofing systems that should <em><strong>not</strong></em> be analyzed using an infrared camera.</p>
<p style="margin-left: 80px"><em>a. All roofing system with light weight concrete. The moisture in light weight concrete will migrate to the bottom of the roof and thus become undetectable by the infrared camera. There is no surface temperature differential, so the infrared method is not effective in finding trapped moisture on any of these types of roofing systems.<br />
b. Reflective coated roofing systems. A reflective coating or white surfaced roof does not sufficiently heat up during the day. This will inhibit the wet insulation from heating up so it can be recognized by the infrared image. <br />
c. Building with multi elevations or roof top equipment that may shade areas of the roof for extended periods of time. These shaded spots do not sufficiently heat up the insulation so it can be identified by the thermal image.<br />
d. Any building with two roofing systems. The infrared only sees surface heat differential.</em></p>
<p style="margin-left: 40px">2. Nuclear Method: The Troxler Nuclear Moisture Meter is used to detect moisture as deep as 8&quot; into the roofing system in roughly a 10 foot x 10 foot square (the grid can be smaller). It will peer through all layers of insulation and can be used on all types of roofing systems. On projects where one roof has been installed over another or on multi layered systems, a nuclear moisture survey is the only moisture detection method that will accurately locate moisture located in the bottom layers of insulation installed to the deck.</p>
<p style="margin-left: 40px">3. Electrical Capacitance Method: This method is best used on single ply roofs (not E.P.D.M. Rubber though) with no insulation over a wood deck. The electrical capacitance meter in our opinion does not have the depth capability to make an accurate survey of trapped moisture. Furthermore, aluminum-coated built up and modified roofing should not be tested using this method.</p>
<p>The second reason for performing a moisture survey prior to a storm event is that the moisture survey can also be used as a guide for making any necessary repairs to the roof. Performing a moisture survey will also show the insurance company that you are performing regular inspections. This is important because the condition of a roof can change from year to year. By performing this evaluation, it should be clear to the insurance company that you are maintaining your roofing system as required by all roofing material manufacturers.</p>
<p>A question my company gets quite often is, &ldquo;Why not have our roofing company do the evaluation?&rdquo; My answer is quite simple. Would you put a band-aid on a broken leg? Of course not! Repairing a flat roof without first performing a moisture survey is foolish and could cost 20 times the amount of the moisture survey. The moisture survey will pinpoint the exact trouble areas so that an accurate repair can be made, costing you thousands less.</p>
<p>Another dilemma for all building owners is their belief that because their roofing system is relatively new annual inspections are not necessary. Nothing could be further from the truth!</p>
<p>There are three phases of evaluation after a hurricane. The initial damage assessment, the recommendation process, and the one we see most -- &ldquo;my roof blew off and the roofing contractor put a new roof on my building&rdquo; phase. The last phase lasts the longest and here is why. After a hurricane, many contractors are often understaffed and are forced to hire unskilled labor. Material is scarce and there are many damaged roofing systems. This leads to disaster. My company&rsquo;s personal experience is that we are finding, on average, two roofs a week that were improperly installed, did not have proper local county inspections, and were done by unlicensed contractors.</p>
<p>If you have had a roof system installed in the past two years, I highly recommended that the roof be evaluated. Even a bad roof can last two years. The skilled roofer will pay close attention to flashing details. An unskilled one will splash roofing cement on it and that can last two years. Don&rsquo;t think it is just small unknown contractors. I have seen many of the larger established contractors have the same problem because of the immense amount of roofing work.</p>
<p>A proactive approach to the most important component of your building (the roof protects all the contents inside) can save countless dollars and monumental headaches. Insurance companies are always looking for a way OUT of paying a claim. Do the best you can to deny them this opportunity. Don&rsquo;t be penny-wise and pound foolish. The cost for this type of documentation is miniscule compared to the cost of high deductibles, a new roof, attorney fees, or any associated storm-related cost. I can attest to the fact that if every building owner took the approach of documenting the condition of his roof there would certainly be less confusion for all parties involved should another catastrophe occur.</p>
<p>Steven M. Thomas CRI-RC<br />
President<br />
<a href="http://www.roofleakdetection.com/about.html">Roof Leak Detection Co., Inc.</a></p>]]></description>
<link>http://www.condominiuminsurancelaw.com/2010/08/articles/condominium-associations/how-to-protect-your-roofing-investment/</link>
<guid isPermaLink="false">http://www.condominiuminsurancelaw.com/2010/08/articles/condominium-associations/how-to-protect-your-roofing-investment/</guid>
<category>Condominium Associations</category><category>Hurricane Preparation</category><category>Roofing</category>
<pubDate>Fri, 13 Aug 2010 15:22:59 -0500</pubDate>
<dc:creator>Guest Blogger</dc:creator>

</item>

</channel>
</rss>
