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One Percent Rule
Most building professionals would agree that water intrusion problems at exterior walls typically are found at changes in plane and/or changes in material, such as door and window perimeters and wall intersections with decks. The "One Percent Rule" states that 99 percent of the sources of water intrusion damage is found in 1 percent of the building envelope.

Water infiltration usually occurs at the transitions between the work carried out by different contractors. In most cases, successful long-term weatherproofing of these transitions requires careful design and installation of flashing crafted from corrosion-resistant metal or flexible waterproof membranes.

The 2003 International Building Code (IBC) includes the following guidance for flashing exterior walls:

  • Flashing shall be installed at the perimeters of exterior door and window assemblies, exterior wall intersections with roofs, chimneys, porches, decks, balconies and similar projects and at built-in gutters and similar locations where moisture could enter the wall.

  • Flashing with projecting flanges shall be installed on both sides and the ends of copings, under sills and continuously above projecting trim.

  • Flashing shall be installed in such a manner so as to prevent moisture from entering the wall or to redirect it to the exterior.

These instructions are an example of performance language. The IBC authors do not prescribe any specific flashing design or material or any standard installation practice; instead, the IBC simply mandates that a project’s designer and builders have a shared responsibility to design, craft and install all flashing necessary to keep the exterior walls dry.

Example of a Flashing No-No. A majority of construction defect litigation cases arise from simple lack of attention to the One Percent Rule. Consider the case of hardboard lap siding and wood trim boards that form a "bellyband" at the floor line between the first and second stories. Typically, metal Z-flashing should be installed between the siding and trim board to direct water away from the building. If installed improperly, water will collect against the hardboard siding and infiltrate into the wall assembly.

To complicate matters, in an attempt to correct the leakage problem, a bead of caulking is often applied to the gap where the metal flashing is located. The caulk, however, blocks the intended exit route for any incidental moisture from a source located higher up the wall. Further, the caulking quickly fails, allowing continued leakage.

The Blame Game. In practice, virtually every party involved in the design and construction of a failed building gets blamed during the construction defects litigation process. This often implicates contractors that had nothing whatsoever to do with the issue being litigated. This often is done to extort money from the innocent parties’ insurance carriers to get them released from the litigation. Sometimes, it is an unprincipled effort by a guilty party to hide their culpability behind a smokescreen of half-truths and misrepresentations. For example, in the case of inadequate flashing, a sheet metal installer may argue any or all of the following positions:

  • "I installed the metal flashing with proper outward slope but the flashing later was pushed flat by the siding installer. (It’s the sider’s fault!)"

  • "The hardboard siding soaked up water like a sponge, damaging the building paper and causing mold growth on the gypsum sheathing. (It’s the manufacturer’s fault!)"

  • "The framer should have provided outward slope in the horizontal wood trimboard under the flashing. (It’s the framer’s fault!)"

  • "The architect did not supply a satisfactory detail for how to flash this transition. (It’s the architect’s fault!)"

  • "It was the project’s maintenance contractor who applied the caulk that trapped water within the wall. (It’s the maintenance contractor’s fault!)"

  • "I did exactly what the general contractor asked me to do. (It’s his fault!)"

Without debating the merits or legitimacy of any of these claims, they do help explain the most serious problem plaguing designers and builders throughout North America: skyrocketing insurance premiums due to the high costs of prosecuting and defending a growing number of mold and moisture damage claims that in most cases still can be traced back to an insufficient focus on the One Percent Rule.

The ultimate solution to this insurance crisis is education. To that end, many industry organizations and manufacturers have established websites that detail proper flashing practices. An excellent resource is the Build a Better Home® program established by APA-The Engineered Wood Association at www.apawood.org/bbh_index.cfm which provides an extensive series of flashing details and basic construction guidelines for foundations, walls and roofs.

Until all participants in a building’s construction—from the owner to the designer to the builder to the foreman to the skilled laborer truly recognize the importance of proper flashing of the building envelope, increasingly costly mold and moisture damage claims will continue to threaten the viability of the construction industry.

Excerpts from an article by Colin Murphy and Lonnie Haughton of Trinity ERD   BACK


Going Green
As energy costs rise and resources become scarcer, more homeowner associations are finding ways to reduce energy consumption and "go green". With state legislation placing limits on the authority of HOAs to prohibit or regulate certain energy generation devices and energy efficient measures,the issue has come to the forefront of the attention of both HOAs and owners. Given all of this, what are some ways homeowner associations can be proactive in creating or encouraging green practices?

Recycling. If your HOA has centralized trash collection, contract with your trash removal contractor to also provide for recycling. If your community has curbside pickup, recycling may be included in the cost of that pickup. Encourage all residents to recycle.

Reduce Water Consumption. Many HOAs have overly ample open space, much of which may be landscaped with lush grass. While grass is attractive, there are many turf and xeriscaping alternatives that require less, if any, water. Consider replacing high-water consuming plants with plants that require less water. Allow owners to install xeriscaping, subject to any approval requirements for any landscaping project.

Practice Landscape Water Management. Apply the appropriate amount of water needed to maintain a healthy landscape. This requires an understanding of plant water use, soils and the irrigation system installed. Spray sprinkler heads distribute water at a different rate than rotor heads, so having both types of heads on the same zone can lead to over saturation in some areas and dry spots in others. Install smart controllers to detect when plants actually need water. Install rain sensors so turf areas are not being watered when it is raining. Your landscape contractor should have expert knowledge of irrigation equipment alternatives. If he doesn’t, hire one that does. Equipment needs to be continually monitored and adjusted for greatest water use efficiency.

Energy Conservation or Generation. If your HOA has a clubhouse, have an energy audit done to determine where energy use could be reduced. There may be some simple and inexpensive ways to reduce energy consumption, such as installing weather stripping and programmable thermostats. Replace furnace filters on a regular basis. Replace incandescent light bulbs in the common area light fixtures and lamps with compact fluorescent bulbs. Install photocells or timers on outdoor lighting.

Consider installing solar panels to heat the pool or provide power to the clubhouse. If your HOA makes an energy efficient purchase such as solar panels there many be a tax credit available. While HOAs typically are not be eligible for the tax credits because they don’t pay taxes, the tax credit may be bought by those that do or possibly passed through to HOA members. There are strict guidelines on the types of expenditures that are covered, so check with your CPA for more details.

Review the Governing Documents. Review the governing documents and amend them to eliminate provisions that discourage or prevent energy efficiency and add provisions to include proactive provisions to encourage green activities.

This is just a small sample of things HOAs can do to reduce costs and help the environment. There are countless resources and websites that can provide in-depth information for associations. Check out:

www.epa.gov
www.nrdc.org/greenliving
www.usgbc.org
www.regreenprogram.org
www.treehugger.com
www.plantnative.org
www.caigreen.org

Excerpts from an article by Trisha K. Harris, Esq
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