- The Miller Law Firm
- October, 1997
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- Preparing For The
Bad Boy: El Niño
- By Thomas E. Miller
Forty days and forty nights of rain, that's what the experts are predicting
for this winter. These days, the most frequent question I am asked is how
we will survive without an ark!
Seriously, there is enormous concern over the El Niño conditions
which are expected to bring punishing storms to California this winter.
What makes this year different from any other is that weather forecasters
are predicting torrential rains for longer periods of time which will, in
many areas, be accompanied by high winds and electrical storms. These weather
conditions foreshadow not only leaking roofs, decks and windows, but much
worse including power failures and flooding in some areas. Preparation for
these conditions will mean the difference between getting through this winter
with relatively inconsequential damage or suffering the consequences of
extensive water intrusion and property damage that accompanies it.
The key here is preventative maintenance! At a minimum, such maintenance
should include a visual inspection of roofs, decks, windows and sliding
glass doors to ensure they are water tight. This inspection should be done
by competent, licensed roofing and waterproofing contractors. In addition
to these inspections, preventative maintenance should include cleaning gutters
of all debris, removal of all material, leaves, and other debris from all
roofs and sealing all roof penetrations. This maintenance should be undertaken
immediately. We are already hearing reports that roofing contractors are
so swamped with maintenance work there is a 30-day wait to schedule an inspection.
Despite the best laid plans, however, you may still have significant
property damage including interior water stains, dryrot, cracked drywall
and cracked stucco. Evidence of these conditions is almost always conclusive
for water intrusion into wall cavities from roofs, decks, windows, etc.
If the rains, which have been predicted, do drench California this winter,
the patience of every homeowner and homeowners' association will be severely
tried. This is especially true of those associations with construction defect
problems, who cannot economically afford to permanently repair their defects.
Everyone will need to remember that the repairs are temporary and that permanent
repairs must await resolution of any construction defect case. This does
not mean, however, that each of us should not take the steps outlined above
to protect their property.
Your association could take the necessary steps to protect the property
or, depend on the professional television weather forecasters who "accurately
predict the weather up to 20% of the time." (Orange County Register,
9-25-97)
In the following pages, we have prepared an "El Niño Survival
Guide" to assist homeowners who have questions regarding El Niño.
Items To Have On Hand During Storms
- Ladder for roof access
- Tarps (12x12') blue vinyl
- Rope: to secure tarps
- Henry's Roof Patch
- Buckets
- Sandbags
- Flashlight/candles
- Bottled water
- Food
- Storage Facilities for materials, including sand for sandbags
What Is El Niño?
El Niños occur irregularly, approximately every two to seven years.
It is a disruption of the ocean-atmosphere system in the tropical Pacific
causing tradewinds to reverse. This reversal creates a rise in ocean temperatures
in the Eastern Pacific and results in unusual weather patterns worldwide,
including floods and droughts.
What To Expect From El Niño
The El Niño of 1992-93 was responsible for 1,500 deaths and $8
billion in damages worldwide. Scientists predict the 1997-98 El Niño
could bring the worst rains in 50 years to the southwestern United States.
Also expected are high winds, power outages, road closures and high surf.
Preparing Your Home For El Niño
- Roof inspection by a licensed roofing contractor
- Clean gutters and downspouts
- Clean debris from roofs
- Seal pipe penetrations in the roof
- Seal openings in stucco or wood trim on doors and windows
- Check storm drains on your street and report any blockage to public-works
department
- Move valuables up to the second story of your home
- Have rotted trees or broken branches removed from yard
- Prepare sandbags
Are You Covered?
It is important to note that your homeowners insurance does NOT cover
flood damage. The federal government's National Flood Insurance Program
does sell flood insurance. Most major insurance companies write and service
the policies, although consumers can contact the national program directly
at 800-611-6123. Depending on the flood risk in your area, the cost is approximately
$280 per year for a $200,000 building and $5,000 content coverage. VALUABLE
TIP: There is a 30-day waiting period before coverage kicks in.
When Your Home Is In a Builder Defect Lawsuit
- Photo/video all damage inside unit/home
- Photo/video all active leaks as they occur
- Contact HOA property manager to repair reported leaks
- DO NOT attempt permanent repairs as this would spoil evidence
- Protect personal property
- Notify defendants if court order requires any repairs
© Copyright 2008 The Miller Law Firm. All rights Reserved.
If you experience problems or have questions, contact us at Info@ConstructionDefects.com.
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