HomeMy WebLinkAboutRe_ Contact from Attorney (37).msgOk, thanks. The Carports are community use and this guy represents the HOA. He did pull the permit owner builder. We requested the workmans comp based on a notice from a lawyer saying
that it wasn't allowed. It looks legitimate enough that we did what we need to.
Thanks,
Raymond
On May 15, 2012, at 7:25 AM, "Long Tang" <Long.Tang@westcovina.org<mailto:Long.Tang@westcovina.org>> wrote:
If it’s Owner-builder permit then I would need to ask for worker's comp., but the question is the HOA is owner of the building? For example, Westfield owns two malls in our city. They
have workers compensation to cover they employees (janitors, security, etc.) but the construction workers who they sub out. We issue the permit to them as owner builder and not ask
for worker's comp. If the HOA is pulling permit for a community building that they own, then I would not ask for worker's comp. If they're pulling permit to fix a condo unit that they
are not the owner, I would not issue them the permit.
In relations to the validity of the policy, I think I would take it at face value. Whether the policy covers their construction workers (i.e. are their gardeners doing construction
work), we don't know and I don’t think we're obligated to explore.
From: Raymond Tao [mailto:RTao@DiamondBarCA.Gov]
Sent: Monday, May 14, 2012 4:28 PM
To: Long Tang
Subject: FW: Contact from Attorney
Would you accept this for an “owner-builder”? This is an HOA that has his workers who regularly do maintenance and gardening on the site doing demolition of structures.
From: WPonce7883@aol.com<mailto:WPonce7883@aol.com> [mailto:WPonce7883@aol.com]
Sent: Monday, May 14, 2012 4:12 PM
To: Raymond Tao
Subject: Re: Contact from Attorney
Please find attached Workers Comp Certificate of Insurance.
Best Regards,
Walter Ponce
Diamond Bar Village HOA
In a message dated 5/14/2012 1:05:31 P.M. Pacific Daylight Time, RTao@DiamondBarCA.Gov<mailto:RTao@DiamondBarCA.Gov> writes:
Thank you for the response. Could you please send me a copy of the workmans compensation insurance for your employees for our file?
Thanks,
Raymond
On May 14, 2012, at 12:48 PM, "WPonce7883@aol.com<mailto:WPonce7883@aol.com><mailto:WPonce7883@aol.com%3cmailto:WPonce7883@aol.com%3e>" <WPonce7883@aol.com<mailto:WPonce7883@aol.com<mailto:WPonce7883
@aol.com%3cmailto:WPonce7883@aol.com>>> wrote:
The workers are employees of the Association. They are all W-2 Employees and we carry Workers' Comp Insurance in addition to our General Liability Policy.
We will be ready for the end of the month deadline.
Best Regards,
Walter Ponce
Diamond Bar Village Association
In a message dated 5/14/2012 12:07:11 P.M. Pacific Daylight Time, RTao@DiamondBarCA.Gov<mailto:RTao@DiamondBarCA.Gov<mailto:RTao@DiamondBarCA.Gov%3cmailto:RTao@DiamondBarCA.Gov>> writes:
Mr. Ponce,
I believe you are scheduled to have an engineer’s report and plans for construction of new carports by the end of this month. Please let me know if anything has changed.
Are the maintenance personnel you mention employed by you or the HOA and are covered under the HOA insurance/workmans compensation?
Thanks,
Raymond Tao
City of Diamond Bar
909-839-7021
From: WPonce7883@aol.com<mailto:WPonce7883@aol.com<mailto:WPonce7883@aol.com%3cmailto:WPonce7883@aol.com>> [mailto:WPonce7883@aol.com]
Sent: Monday, May 14, 2012 10:49 AM
To: Raymond Tao
Subject: Re: Contact from Attorney
Dear Mr. Tao:
I am looking at having a time line by the end of the month as agreed.
In regard to the demolition. We employed a total of eight people of which, two of them, perform landscaping as part of their maintenance functions. Our employees are motivated people
performing an outstanding job. Our decisions regarding personnel are sound. We always have and will keep their welfare and safety first.
Walter Ponce
Diamond Bar Village Association
In a message dated 5/14/2012 10:15:53 A.M. Pacific Daylight Time, RTao@DiamondBarCA.Gov<mailto:RTao@DiamondBarCA.Gov<mailto:RTao@DiamondBarCA.Gov%3cmailto:RTao@DiamondBarCA.Gov>> writes:
Walter,
We have been contacted by an attorney from a property owner regarding your carports. They are looking for a time line schedule and why your gardeners were used to demolish the carports.
Can you please let me know how to respond to him and when you will have something from your engineer?
Thanks,
Raymond Tao l Building Official
City of Diamond Bar l Building and Safety Division
21810 Copley Drive l Diamond Bar, CA 91765-4178
909.839.7021 l 909.396.7486 (f)
www.DiamondBarCA.gov<http://www.diamondbarca.gov/<http://www.DiamondBarCA.gov%3chttp:/www.diamondbarca.gov/>>
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