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02-3988
CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, PLATO CONSTRUCTION GROUP, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3988 CIVIL TERM : CIVIL ACTION-LAW ORDER AND NOW, this ;z ~ day of ter'~'-" ~7 ,2004, based upon the Stipulation to Entry of Judgment it is ordered that judgment be entered with the Prothonotary of the Court Of Common Pleas of Cumberland County against the Defendant and in favor of Plaintiff in the mount of $73,967.00. BY THE COURT, ~,W¥_~ ONOHJ. O~ 31-ti 12/20/20~3 .... . .... 14:54 7172495755 OBS PAGE 83 CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3988 CIVIL TERM : CIVIL ACTION-LAW PLATO CONSTRUCTIO"N GROUP, INC.,: Defendant : ~tTIPULATION TO ENTRY OF_JUDGMENT NOW, come the parties to th~s matter by and through their attorneys of record and agree as follows: 1. Carlisle Ss~aTee Incorporated has instituted the above action based upon a claim for costs of repairs to cedain roofing systems. 2. The parti~is agree to entry of judgment against Defendant and in favor of Plaint/ff in the total sum of $73,967.00. 3. The parties shall bear their ow~ costs and expenses, including their attorney fee~, to the date of this Stipulation. Thereafter, costs, expenses and interest shall accrue and be payable in accordance with applicable Permsylvania statutes. ~'BRIEN, BARIC & SCI-~ER David A. Baric, Esquir~ 17 West South Street Carlisle.. PA 17013 (717) 249-6873 MeALEESE, McGOLDRICK, SUSANIN & WIDMAN, .%~... :.;g-.;~J~i~ Adams, Esquire ...~O- State 240-Exeeutlve Te~ace ~ 455 Sou~ Gulph Road King of Pros*ia, PA 19406 (610) 337-4510 Attorney for Carlisle S3mTec Attorney for Plato Construction Group, Inc. Incorporated CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO g,~ - ~7¢7~' : CIVIL ACTION-LAW PLATO CONSTRUCTION GROUP, INC.,: Defendant : NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone Number (717) 240-6200 (e) remain watertight; (c) failing to install the pourable sealer pockets in a manner consistent with accepted roofing standards; (d) failing to disclose to Carlisle the method employed by Plato to install the pourable sealer pockets; installing the pourable sealer pockets in such a manner that they would not (f) and otherwise failing to fulfill its duty to Carlisle. 35. As a direct and proximate result of the negligence of Plato, Carlisle has incurred the following damages: $43,991.00 to replace the pourable sealer pockets, replace damaged insulation and repair damaged roof decking. WHEREFORE, Carlisle requests judgment in its favor and against Plato Construction Group, Inc. for an amount in excess of $25,000.00 plus interest, costs and expenses. Respectfully submitted, O'BRIEN, BARIC & SCHERER David A. Baric, Esquire ID#44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Carlisle SynTec Incorporated CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO CIVIL ACTION-LAW PLATO CONSTRUCTION GROUP, INC., Defendant VERIFICATION I verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Carlisle SynTec Incorporated and is based upon the statements provided by representatives of Carlisle SynTec Incorporated and other persons, as well as documents reviewed by the undersigned as attorney for Carlisle SynTec Incorporated. This verification will be substituted and ratified by a verification signed by Carlisle SynTec Incorporated. I understand that false statements heroin are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. David A. Baric, Esquire Dated: ~'~/~1/~ ~' da b/litigation/ca rlislesynt ec/plato/com plaint Exhibit A Carlisle SynTec Systems Division of Carlisle Corporation Carlisle SynTec SyStems P. O. BOx 7000 Carlisle, PA 17013 (717) 245-70~ Customer t03256/100 Rep/Dist. Coastal Atlantic Associates N AUTHORIZED ROOFING APPLICATOR AGREEMENT AGREEMENT made this Z,titday of June , lg96, between Carlisle SynTec Systems, a Division of Carlisle Corporation ("Carlisle"), a Delaware corporation, having a mailing address of P.O. Box 7000, Carlisle, Pennsylvania 17013 and PLATO CONSTRUCTION GROUP INC. ("Applicator"), (name of organization) 1420 NINTH AVENUE SUITE B NEPTUNE (street I P.O. Box) NEW JERSEY 07753 (state) (zip code) / c~e-~28-G~22 cc 908-'775-8162 (area code/telephone number) doing business as a: (check applicable box and complete line) - el. Sole proprietor. n2. Partnership; all general partners and their addresses are: (city) ,/- (aree code/fax number) all limited partners and their addresses are: . 1~3. Corporation organized under the laws of ~ ~ In consideration of the mutual promises and undertakings stated herein, Carlisle and Applicator agree as follows: 1. Grant (a) Carlisle grants to Applicator the non-exclusive right to purchase and install Carlisle Roofing Systems ("Roofing Systems") consisting of all roofing products now or hereafter marketed by Carlisle SynTec Systems. (b) Carlisle reserves the right to sell, distribute and install Roofing Systems direct or through others, at CarJisle's discretion. EXHIBIT A 2. General Duties of Applicator Applicator shall: (a) At Carlisle's request from time to time provide adequate assurance satisfactory to Carlisle of Applicator's due performance of its obligations under this Agreement and Applicator's financial responsibility. (b) Use its best efforts to sell and promote the use of Carlisle's Roofing Systems. (c) Attend Carlisle training meetings and pay for travel, lodging and living expenses while attending such meetings. Applicator agrees not to begin any installation of Roofing Systems until (i) Applicator has attended at least one (1) training meeting and (ii) Applicator is satisfied that it has received details, installation instructions, procedures and updates. (d) Advise every building owner ("Building Owner") in writing at the time Applicator submits its hid that Carlisle will provide Building Owner, at Applicator's expense as set forth in Carlisle's most current price list, the most current standard form of the Carlisle Membrane Systems Warranty for commercial buildings ("Standard Warranty") at such time as Carlisle has accepted the installation of Roofing System and has received payment from the Applicator for the Roofing System and the Standard Warranty. (e) At the time a roofing contract is awarded to Applicator, provide to Carlisle a copy of all bonds on public or private work including the amount of the bond and the name end address of the surety or guarantor and also complete and provide to Carlisle the Carlisle f'orm entitled "Request for Warranty". (f) Follow all Roofing Systems specifications, details, installation instructions and procedures as furnished in writing by Carlisle from time to time. Applicator shall inquire about any updates or revisions regarding Roofing Systems before beginning any roofing project. (g) Comply with all federal, state and local laws, regulations, ordinances and governmental orders. 3. General Duties of Carlisle Carlisle shall: (a) Provide ApplicatOr with instructional materials, instructions and training which, in Carlisle's judgement, are necessary to assure adequate quality and uni(ormity in installation of Roofing Systems. (b) Provide Applicator a reasonable supply of promotional material which, in Carlisle's judgement, is adequate for Applicator's use in the sale and promotion of Roofing Systems. (c) Provide to Building Owner, at Applicator's expense as set forth in Carlisle's most current price list, Carlisle's Standard Warranty. Carlisle reserves the right to refuse to issue a Standard Warranty if (i) its specifications, details, installation instructions and procedures are not followed and it has not approved and accepted the installation, or (ii) it has not been paid for Roofing Systems and the Standard Warranty. (d) At Carlisle's discretion furnish Applicator without charge technical assistance and advice for the purpose of evaluating watertight integrity of the installation of Roofing Systems. It is understood that Carlisle does not engage in the practice of engineering or architecture; any information provided to Carlisle shall be reviewed by Carlisle for the purpose of evaluating the watertight integrity of the installation of Roofing Systems only and not for any other purpose including but not limited to reviewing or approving structural design, the integrity of the roof or its structural parts. CARLISLE MAKES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. -2- 4. Purchase of Roofing Systems (a) All orders submitted to Carlisle for Roofing Systems shall be in writing, or confirmed in writing, and signed by Applicator. All orders shall be subject to final approval and acceptance by Carlisle at its office located in Carlisle, Pennsylvania. Carlisle reserves the right to accept or reject all or any part of an order without reason. (b) Carlisle shall sell materials to Applicator pursuant to such terms, conditions, prices, and shipping practices as the parties may agree to. Carlisle reserves the right, in its sole discretion, to refuse orders from Applicator or to condition sales to Applicator upon payment in full in advance or other extraordinary credit/collection procedures. Carlisle reserves the right itself to change its price lists at any time, but in the event of an increase in the price applicable to orders already placed by Applicator, Applicator may cancel such order without charge or penalty by written notice within ten (10) days after the date of the announcement of such price increase. (c) Any sales, revenue, excise or other taxes applicable to Roofing Systems purchased by Applicator shall be added to the purchase price and shall be paid by Applicator, or in lieu thereof, Applicator shall provide Carlisle with a tax exemption certificate or other proof of tax exemption in a form acceptable to the appropriate toxin9 authorities. (d) No Standard Warranty shall be issued or considered to be in full force and effect unless and until Applicator has paid Carlisle for the Roofing Systems, Standard Warranty, and above taxes (unless Applicator has submitted appropriate proof of tax exemption to Carlisle). 5. ' Notice of Award (a) At its expense, Applicator shaft furnish to Carlisle for every job on which Applicator is to install Roofing Systems: (i) Notice of Award of the roof!nD contract and copies of oil job specifications, shop draWinils, details and other plans to be used in connection with the installation of.Roofing Systems, as soon as such items become available. {ii) a description'of the nature of the work (i.e., public or private work), copies of all types and amounts of bonds furnished and the name and address of the surety or guarantor and a completed copy of the Carlisle form entitled "Request for Warranty". (b) Carlisle's review of tho above plans, details and other information is for the purpose of evaluating watertight integrity only. CARLISLE MAKES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. (c) Regardless of whether Roofing Systems have been ordered from Carlisle or one of its authorized distributors, if Applicator fails to comply with paragraph 5(a), Carlisle or its authorized distributor shall not be obligated to ship any Roofing Systems to Applicator, and the purchase of Roofing Systems shall be deemed canceled without any cost, expense or liability to Carlisle or its distributor. §. Inspections For every job, Applicator shall: (a) Send written notice to Carlisle, indicating completion of Roofing Systems installation, within seven (7) calendar days after completion of the installation. -3- (b) Allow Carlisle to inspect and accept (at Carlisle's option) the watertight integrity of the installation of Roofing Systems. Carlisle may direct Applicator to make such changes or repairs as Carlisle deems necessary for proper installation. Such changes or repairs shall be at Applicator's expense if Carlisle determines that Applicator failed to follow and adhere to Carlisle's written specifications, details, installation instructions and procedures in effect at the time of installation; otherwise such changes shall be at Carlisle's expense. (c) For a period of two (2) years beginning with the date upon which the installation passes final inspection by Carlisle or, in the event a Standard Warranty is not issued pursuant to paragraph 3(c), then for a period of two (2) years beginning with the completion of the installation of Roofing Systems, repair upon request of either Building Owner or Carlisle, at Applicator's expense, any leaks caused by faulty handling or installation of Roofing Systems including but not limited to the use of materials not approved by Carlisle. (d) Allow Carlisle, at Carlisle's option, to inspect Roofing Systems at any time prior to the expiration of the two (2) year repair period, and at Applicator's expense follow such instructions and make such repairs deemed necessary in the judgment of Carlisle to assure watertight integrity. At the end of said two (2) year period, Applicator shall have no further obligation to make repairs at its expense under this Agreement, provided that Applicator has promptly commenced and diligently proceeded to correct and repair all leaks brought to its attention during said two (2) year period and has successfully corrected and repaired such leaks and the conditions causing them, and further provided that Applicator has installed Roofing Systems in accordance with Carlisle's specifications, details, installation instructions and procedures. (e) Subject to the approval of Building Owner and Applicator's continuing status as a Carlisle Authorized Roofing Applicator, Carlisle will request a bid from the Applicator who completed the installation of Roofing Systems in the event that repair work becomes necessary after the above two (2) year period. 7. Warranty to Applicator Carlisle warrants its material to be free from defects at the time of its delivery to a project site. Carlisle's liability and Applicator's remedies are limited to Carlisle's replacement of defective material, F.O.B. factory. Replacement of defective material will be made only upon Carlisle's inspection of' the material. Applicator shall return defective material and Carlisle shall pay the cost of shipping only after Carlisle has sent definite shipping instructions. THERE ARE NO WARRANTIES EITHER EXPRESS OR IMPLIED WHICH EXTEND BEYOND THE FACE HEREOF INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARLISLE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LAW. NO REPRESENTATIVE OF CARLISLE HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN. 8. Relations Between Parties (a) Applicator shall not use the name Carlisle~ Carlisle's logo or any other Carlisle trademark or trade name in Applicator's firm name or assumed name or in any other manner, provided, however, App[icator may indicate in correspondence or advertising related to Roofing Systems that it is a Carlisle Authorized Roofing Applicator. Upon expiration or termination of this Agreement for any reason, Applicator shall immediately -4- discontinue any use of any name, logo, trademark or trade name used by Carlisle. (b) Applicator shah act only in Applicator's legal caPacity as an independent contractor. In no event shall Applicator be an employee, franchisee or agent of Carlisle. Carlisle is not a franchisor. Applicator has no authority to act for, or on behalf of Carlisle or to bind Carlisle in any way whatsoever, and Applicator shall not so hold itself out to anyone er otherwise represent that Applicator has such authority. Applicator is not authorized to make or extend any promises, representations or warranties with respect to Roofing Systems except as set forth in Carlisle's Standard Warranty. 9. Excused Performan~.A Neither party shall be held responsible for delays or failure to perform hereunder, except for payment of monies when due, if caused by fires, floods, strikes, labor disputes, accidents, acts of war, priorities required or requested by any governmental authority, transportation delays, restrictions imposed by federal, state or local law, regulations or ordinances, or Carlisle's inability to secure raw materials or energy or for any other causes beyond a party's control. 10. Indemnification (a) Applicator agrees to indemnify, pay for the defense of and save Carlisle harmless from any and all damages, including harm to Applicator's employees, losses or expenses including attorney's fees, direct or indirect, includino settlement of any claim subject to Applicator's approval which approval shall not be unreasonably withheld, which Carlisle may be subjected to because of Applicator's negligence or failure to perform any term or condition of this Agreement. Carlisle shall notbe obligated to appeal any judgement which would impose liability on Applicator. (b) (i) Carlisle shall indemnify and save Applicator harmless fPom all damages, losses or expenses, including reasonable attorney's fees, which Applicator may sustain as determined by a final judoement against Applicator or a settlement of any claim, approved in writino by Carlisle, resulting from Carlisle's negligence in performing or failure to perform its obligaiions under the Standard Warranty; pro~ided, however, that this indemnity shall not be enforceable against Carlisle (whether or not Carlisle may have been negligent in performing or failing to perform its obligations under the Standard Warranty) if the damages, losses or expenses sustained by Applicator were caused in whole or in part from any act or failure to act by Applicator as required by this Agreement. ' (ii) In the event that any claim, action or proceeding is threatened or made against Applicator which may impose liability on Carlisle under this indemnity, Applicator shall promptly serve written notice on Carlisle of such claim, action or proceeding and Carlisle shall have the option to join in the defense of the claim at its expense. 11. Term of Agreement; Termination (a) Application to be an Applicator is not deemed accepted by Carlisle until 8n authorized Carlisle employee has signed this Agreement and has returned one signed copy of this Agreement to Applicator. This Agreement shall remain in effect until: (i) Either party cancels this Agreement with or without cause by giving thirty (30) days prior written notice of termination to the other party by certified mail (return receipt requested) or by -5- facsimile and ordinary mail at the address stated herein or such other address as either party may designate in writing. (ii) Either party may terminate this Agreement immediately for breach of any covenant contained herein. (iii) Subject to any provisions of law to the contrary, there is an adjudication of Applicator as a bankrupt or insolvent, or entry of an order, remaining unst~yed by appeal or otherwise for thirty (30) days, appointing a receiver or trustee for Applicator, or for all or any of its property, or approving a petition seeking reorganization or other similar relief under the bankruptcy or other similar laws of the United States of America or any state, or the filing by the Applicator of a petition seeking any of the foregoing or consenting thereto, or the filing by the Applicator of a petition to take advantage of any debtors' act, or making a general assignment for the benefit of creditors, or admitting in writing its inability to pay its debts as they mature. lb) Unless otherwise agreed in writing by both parties, termination of this Agreement as provided herein shall automatically cancel all accepted orders for Roofing Systems not shipped by Carlisle by the date of Carlisle's or Applicator's receipt of the termination notice. Upon termination, Applicator will immediately furnish to Carlisle a list of all jobs for which Applicator has been awarded contracts for the installation and use of Roofing Systems. If Applicator's account is not in arrears and Applicator has not otherwise breached the terms of this Agreement, then Carlisle in its sole discretion may fill orders for such jobs in accordance with the terms and conditions of this Agreement and will charge Applicator's account therefore. As a condition to filling such orders, Carlisle at its option may require Applicator to furnish a surety bond or other extraordinary credit/collection procedures in an amount or manner acceptable to Carlisle's credit department. · lc) Termination of this Agreement shall not relieve Applicator from its obligations and liabilities hereunder, including but not limited tn its obligations to repair Roofing Systems as provided in paragraph 6, to complete the installation of Roofing Systems undertaken and not completed by Applicator by the date of the termination notice, and to make all payments due or accrued to Carlisle and other material suppliers. · 12. Waiver. The failure of either party to enforce at any time any of the provisions hereof shall not be construed to be a waiver of .soch provision or of the right of such party thereafter to enforce any such provisions. 13. Assi~]nment The rights created by this Agreement are personal and not assignable, and the obligations imposed upon Applicator are not delegable without the written consent of Carlisle, provided, however, that Carlisle may assign this Agreement to its successors as well as to any entity or 'corporation now or hereafter owned or controlled by or affiliated with Carlisle (defined as any corporation controlling or under common control with Carlisle). -6- 14. Construction This Agreement constitutes the entire Agreement between the parties and the parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representation inducing the execution and delivery hereof except as specifically set forth in this Agreement. No change, alteration, modification or addition to thi~ Agreement shall be effective unless in writing and signed by an authorized Carlisle employee. A mere acknowledgement or acceptance of any acts or performance by either party inconsistent with the terms of this Agreement shall not be deemed an acceptance or approval by Carlisle of such inconsistent acts or performance with respect to subsequent transactions. This Agreement supersedes and is in lieu of all prior agreements or arrangements between the parties. The captions in this Agreement are for convenience only and shall not affect the interpretation hereof. 15. Governinn Law This Agreement shall be construed under the laws of, and by the courts of, the Commonwealth of Pennsylvania, and if any provision hereof shall be adjudged to contravene any applicable law, the parties agree to remain bound to all of the remaining provisions. IN WITNESS WHEREOF, the parties have caused this instrument to be e~ecuted in duplicate by their representatives duly authorized as of the day and year first above written. Carlisle SynTec Systems Division of Carlisle Corporation Til:le: ~ef~n agh, ~ce President - Sales Date~pproved! June 2i, 1996 & Harketing Witness: ~-~ ~_. ~ ? Carlisle and 8urn-Seal are trademarks of Carlisle Corporation -7- Exhibit B , (PATENT #4.9,28.443) CARLISLE SURE-SEAL POURABLE SEALER POCKET TO BE USED WITH CARLISLE SURE-SEAL ROOFING SYSTEMS INSTALLATION The Sure-SeaL Pourabte SeaLer Pocket La a fLexibLe 2 inch uide support bend covered with Sure-Seat ELastoform FLashing backed with pressure-sensitive adhesive. The Sure-Scat PourabLe Seater Pocket is avaiLabLe in &, 6 and8 inch diaaeters and is packaged 12 to a carton. A 6 month shelf Life can be expected. If a Larger Pourabte SeaLer Pocket is required, 2 or more Sure-SeaL PeurabLe SeaLer Pockets may be combined to achieve the desired diameter. Att Pourabte Seater Pockets greater than 18 inches in diameter ui~t require membrane secura~ent. Inch Support 211 2-1/& ReLease Paper ELastoform Ftashing Backed with Pressure-Sensitive Adhesive 5II Carlisle SynTac Systeml DivJlion of Carlisle Corporation EXHIBIT B P. O. Box 7000 Carlisle, PA 17013 Phone: (717) 245-7000 Fax: (717) 245-7053 Carlisle SynTec Systems spt ice cteaner. 5 CAUTION: Do not insteil egalnat · hot pipe of 180 degree, or ,d, ove. Refer to Hot Pipe Det-;I. in Cerliale'e Teohnioal Manual. Do ~t uae petroleum bes~ ~fio roof o~e~ wi~ these penetration. All debris {peint, met. lead, other fleehinge, ROOF SYSTEMS kb~J~JdTy as pert of Car[JsLe,s Sure-Sea[ Roofing GEXERAL J~lOO4~T notice that the goods are defeCtive ~r~ SeE[er has Jnsl~ected the Se[Ear's liability and Buyer,s remedy ere Limited et SeL[er,s option to replacement of defective goods at the point of origin or repayment of the I~Jrchese pr[ce. Buyer she[[ return defeCtive goods end se[Let she[[ beer the cost of shipping on[y CaN[tie, Sure-Seal end Elaetoform Flashing are Trademarke of CaN[ale Corporation Carlisle SynTec Systems .R,i~ffi~ CANNOT ~ Io INCHE~ ('~l [NE~JLATION E-pLyTM (~¥ 2"(5 cml F[LLEP. PENE'FF~ATION5 SEALANT I.J-I~:,-A PIEL~ FAt~ICATED POUR.At~L.~ 5EALE~ POCI<ET HETA 2"C5 crnJ MIN. 5~R,~-SE~L~P.[T~-PL¥TM 5PLIGIN~ CEHENT U-18~-D FIELI:;' FAD~ICATEI~ POUle, AE~LE 5EALEfe. POCK, ET (<~,~.EATE~ THAN 13 INC, HIE~ (Dm cra) '11. When the specifier has selected an alternate insulation attacfunent which incorporates a solid mopping of the insulation with hot steep asphalt, typical precautions include, but are not limited to, the following: The existing gravel surfaced built-up roof must be scraped to remove all loose gravel. Large blisters that may prevent continuous embedment of insulation must be repaired. The surface of the substrate must also be dry and clear of foreign material. b. For successful attachment, proper asphalt temperatures must be maintained and the specifier's requirements concerning the installation of a base sheet and quantity of hot steep asphalt must be followed. c. The maximum insulation board size shall not exceed 4' X 4' (1.2 m by 1.2 m). Trim insulation boards around crickets and saddles to ensure continuous embedment. d. Care must be exercised to prevent contamination of the top surface of the insulation. Asphalt oozing through insulation joints must be wiped from the surface. e. When specified, a grid nailer must be installed in accordance with Carlisle's A-7 Details. f. The attachment of insulation with hot steep asphalt is not covered by the Carlisle Membrane System Warranty. H. MEMBRANE PLACEMENT AND BONDING 1. Ensure that water does not flow beneath any completed sections of the membrane system by completing all flashings, terminations and daily seals by the end of each work day. 2. Sweep all loose debris from the substrate. 3. Position EPDM membrane over the acceptable substrate without stretching. 4. Allow membrane to relax approximately 1/2 hour prior to bonding. 5. Fold membrane sheet back so that half of the underside of the sheet is exposed. Sheet fold must be smooth without wrinkles or buckles. 6. Stir Bonding Adhesive thoroughly scraping the sides and the bottom of the can (minimum 5 minutes stirring is recommended). Bonding surfaces must be dry and clean. CAUTION: If aesthetics are of concern when Brite-Ply EPDM membrane is used, protect the white surface next to the edges of the folded membrane sheet so that Bonding Adhesive will not discolor the white surface. Do not place Bonding Adhesive containers or their lids directly on the white surface of the Brite-Ply EPDM membrane. 7. Apply 90-8-30A Bonding Adhesive evenly, without globs or puddles with a plastic core medium nap paint roller. A 9 inch (23 em) roller will easily fit into the 5 gallon 091) containers. Note: When B-500 Bonding Adhesive has been specified, refer to "Attachment III" at the end of this section for installation requirements. Apply 90-8-30A Bonding Adhesive to both the membrane sheet and the substrate to achieve continuous coating of both surfaces at a coverage rate of approximately 120 square feet (11.2 m2) per gallon (3.78 1) per one surface (membrane or substrate) or approximately 60 square feet (5.6 m2) per gallon (3.78 I) per finished surface (includes coverage on both membrane and substrate). A mechanical roller dispenser or a mechanical sprayer can be used to apply Bonding Adhesive when the continuous coating and coverage rate noted above are maintained. If a mechanical sprayer is used to apply Bonding Adhesive, the adhesive must be rolled after spraying with a plastic core medium nap paint roller to provide 100% coverage. APP-A-95 7 CAUTION: Due to solvent flash off, condensation may form on freshly applied Bonding Adhesive .when the ambient temperature is near the dew point. If condensation develops, possible surface contamination may occur and the application of Bonding Adhesive must be discontinued. Allow the surface to dry and apply a thin freshener coat at the coverage rate which is approximately half of the coverage rate stated above to the previously coated surface when conditions allow for continuing. 8. Allow adhesive to dry until it is tack), but will not string or stick to a dry finger touch. 9. Roll the coated membrane into the coated substrate while avoiding wrinkles. 10. Brush down the bonded half of the membrane sheet, immediately after rolling the membrane sheet into the adhesive, with a soft bristle push broom to achieve maximum contact. 11. Fold back the unbonded half of the membrane sheet and repeat the bonding procedure. 12. Install adjoining membrane sheets in the same manner, overlapping edges approximately 4 inches (10.5 em) to achieve a minimum 3 inch (8 em) splice. It is recommended that all splices be shingled to avoid bucking of water. I. MEMBRANE SPLICING (SPLICING CEMENT) Adhesive splices must be a minimum of 3 inches (8 em) wide. Field splices at roof drains must be located outside the drain sump. When aesthetics are of concern, Brite-Ply Splicing Cement residue will discolor the white surface of the Brite-Ply (white-on-black) EPDM membrane. When required by the specifier, a slip sheet or other means of protection may be used to avoid surface discoloration along the splice area and beneath Splicing Cement and Bonding Adhesive containers. Bond adjoining membrane sheets in place and remove dirt and excess dust from the mating surfaces of the overlapping sheets by wiping with Sure-Seal HP Splice Wipes or a clean rag. To remove accumulated dirt, footprints, etc., scrub the membrane sheets with warm water and a low sudsing soap; rinse with clean water. Clean the dry splice area of both membrane sheets by scrubbing with Sure-Seal HP Splice Wipes or clean natural fiber rags saturated with Sure-Seal/Brite-Ply Splice Cleaner. Extra cleaning is required along a factory seam which intersects a splice area. Sponges, sponge mops, squeegees, brushes, paint rollers, etc. must not be used. a. Sure-Seal Splice Cleaner must be used in conjunction with Sure-Seal (black) EPDM membrane. b. Brite-Ply Splice Cleaner must be used in conjunction with Brite-Ply (white-on-black) EPDM membrane. Sure-Seal/Brite-Ply Splice Cleaner must be dispensed from an OSHA approved safety can. Use of the safety can will minimize escaping fumes and will also avoid possible contamination of the Splice Cleaner which can result from immersing a used HP Splice Wipe or cleaning rag into an open can. 3. Check the membrane surfaces to verify adequate cleaning procedures are maintained. a. Both sides of the Sure-Seal EPDM membrane must be solid black in color with no streaking. The white surface of the Brite-Ply EPDM membrane must be thoroughly cleaned. A blue hue will appear on the surface of the Brite-Ply membrane along the splice areas as a result of the cleaning process and will dissipate eventually after exposure to sunlight. The black underside of the overlapping membrane sheet must also be thoroughly cleaned. 4. Hold the top membrane sheet back as the cleaning and scmbbing process continues along the length of the splice so that both mating surfaces may be cleaned at approximately the same time. APP-A-95 8 5., Stir Splicing Cement thoroughly scraping the sides ~d the bottom of the can (minimum 5 minutes' stirring is recommended). a. Sure-Seal EP-95 Splicing Cement must be used with Sure-Seal (black) EPDM membrane. Properly stirred Sure-Seal EP-95 Splicing Cement will have a solid black appearance with no heavier black material remaining on the bottom or sides of the can. b. Brite-Ply Splicing Cement must be used with Brite-Ply (white-on-black) EPDM membrane. Properly stirred Brite-Ply Splicing Cement will have a white appearance with no heavier material remaining on the bottom or sides of the can. c. Membrane surfaces must be visibly dry and clean as stated above. Apply Splicing Cement to both mating surfaces with the 3 inch (8 cm) wide 1/2 inch (13 mm) medium nap roller (provided in each carton of Splicing Cement). Apply cement smoothly, continuously and relatively even to achieve a heavy coat. a. Do not allow the cement to glob or puddle. When a roller cannot be effectively used (at angle changes, comers, etc.), a 1/2 inch (13 mm) thick paint brash may be used to apply Splicing Cement; however, the Splicing Cement must be applied to achieve a smooth surface without brash marks. Note: When temperatures are expected to fall below 40° F (5°C), the use of a paint brash must be limited since brush marks will not bleed out. c. One gallon of Splicing Cement, applied in a heavy, relatively even coat, will achieve the approximate coverage rates as listed below for an assembled splice (both surfaces coated): Approximate Splice Width 3 inches 4 inches 5 inches 6 inches 7 inches (8 cm) (10.5 cm) (13 cm) (15.5 cra) (18 cm) Approximate Linear Feet 150 feet 120 feet 100 feet 85 feet 75 feet (46 m) (37 m) (30 m) (26 m) (23 m) The above coverage rates have been calculated to include the application of Splicing Cement 1 inch (2.5 cm) beyond the splice width on both mating surfaces of the membrane. Allow the cement to dry until it is tacky but will not string or stick to a dry finger touch and will not move when pushed with a dry f'mger. Do not allow the splicing cement to over-dry before mating the two surfaces (over-dried Spicing Cement will not be tacky). If splice over-drying occurs, apply a thin freshener coat of Splicing Cement over the dried cement at half the coverage rate listed above. To avoid over-drying, Carlisle recommends using a minimum two-man installation procedure for any splice which is longer than 10 feet (3 m). Due to solvent flash off, condensation may form on freshly applied Splicing Cemem when the ambient temperature is near the dew point. If condensation develops, the application of Splicing Cement must be discontinued since proper adhesion will not be achieved. Allow the surface to dry and apply a thin freshener coat of Splicing Cement as stated above to the previously coated surface when conditions allow. 8. For Cured-to-Cured Membrane Splices Only: Just prior to closing the splice, apply a bead of In-Seam SealantTM approximately 5/32 inch (12 mm) in diameter (no less than 1/8 inch (3 mm) and no more than 1/4 inch (6 nun) wide) a minimum of 1/2 inch (13 nun) from the inside edge of the bottom membrane sheet and a minimum of 2 inches (5 cra) from the lead edge. APP-A-95 9 Note: Do not allow In-Seam Sealant t6 becom8 overly dry. Approximately 75 linear feet (23 m) of coverage per tube can be achieved when a 5/32 inch (4 mm) diameter bead of In-Seam Sealant is applied. b. Maintain a continuous bead of In-Seam Sealant on all membrane splices. Refer to Detail U-2. c. During splice cleaning procedures, Sure-Seal HP Splice Wipes contaminated with In-Seam Sealant cannot be reused for the application of Splice Cleaner. 9. Roll the top membrane sheet onto the mating surface. Take care not to stretch or wrinkle the membrane sheet to avoid a fishmonth in the field splice. 10. Assemble the seam with hand pressure by wiping toward the splice edge. 11. Immediately roll the splice with a 2 inch (5 cm) wide steel roller, using positive pressure, toward the outer edge of the splice. DO NOT ROLL PARALLEL TO THE SPLICE EDGE. On a completed splice, the In-Seam Sealant must remain evident and be sensitive to the touch. MEMBRANE SPLICING WITH SPLICE TAPE (FOR SURE-SEAL BLACK EPDM ONLY) 1. General a. Tape splices must be a minimum of 2-1/2 inches (6.4 em) wide using 3 inch (8 em) wide Splice Tape extending 1/8 inch (3 mm) minimum to 1/2 inch (13 mm) maximum beyond the splice edge. Field splices at roof drains must be located outside the drain sump. b. LV-600 or HP-250 Primer must be used to clean the Sure-Seal (black) membrane prior to applying Spike Tape. LV-600 primer is required in areas where volatile organic compound (VOC) regulations are in effect. 2. Remove din and excess dust from the mating surfaces of the overlapping membrane sheets by wiping with Sure- Seal HP Splice Wipes or a clean rag. Accumulated din, footprints, etc. must be removed by scrubbing the membrane with warm water and a low sudsing soap; rinse with clean water. 3. Dampen a Sure-Seal Primer pad (attached to 952 Primer pad handle) with Sure-Seal LV-600 or HP-250 Primer and also apply a bead of LV-600 primer to the dry membrane area to be cleaned. a. Dispensc~-,(~00 Primer from an 8 ounce (24 cl or .24 1) squeeze bottle. HP-250 Primer cannot be dispense~ f~)rm ~ s_qu~eeze bottle. Primer pads must be emcrsed into the HP-250 Primer container to dampen thc pad. ~" b. Hycron® gloves (available from Carlisle ) arc required for hand protection when primer is being used. 4. Scrub the membrane in a circular motion to achieve a thin, even coat of primer on both membrane surfaces. Splice area must be uniform in color, streak-free and free of globs or puddles. a. Primer Pads will clean approximately 100 linear feet (30 m) for a 3 to 4 inch (8 to 10.5 em) wide splice area. Pads can be flipped over and used for another 100 linear feet (30 m) of splice. b. Thc coverage rate for LV-600 Primer is approximately 600 square feet (55.8 m2) per gallon (3.78 1). 250 Primer, wben used, will yield approximately 250 square feet (23 m2) per gallon (3.78 1). 5. Allow Primer to dry. Mark the bottom membrane sheet with a crayon 1/2 inch (13 mm) from the edge of the top sheet along the entire splice length. 6. Unroll approximately 3 feet (1 m) of Splice Tape. Align paper backing with marked line and press tape down to bottom sheet using firm even hand pressure. Continue for the length of the splice. Tape roll ends should be overlapped 1 inch (2.5 em). Allow top sbeet to rest on paper backing. APP-A-95 10 ' RUSSTM (Reinforced Universal Securement Strip) Loose lay the 6 inch (15.5 em) wide reinforced strip along parapet walls and fasten with Seam Fastening Plates and the appropriate Carlisle fastener to the roof deck or vertically into the parapet wall. All fasteners must be installed so the top of the fasteners are flush with the top of the Seam Fastening Plates. Spacing of the Seam Fastening Plates shall be a maximum of 12 inches (31 cra) on center. If adjustment of fasteners becomes necessary to avoid obstructions below the roof deck, Carlisle must be contacted for specific requirements. 1) For horizontal attachment, the reinforced strip must be positioned a minimum of 1/8 inch (3 mm) to a maximum of 6 inches (15.5 em) away from the angle change. Refer to Detail U-12-C. 2) For vertical attachment, the reinforced strip must be attached to the vertical wall and must extend a minimum of 3 inches (8 em) onto the horizontal substrate/insulation. Refer to Detail U-12-D. 3) Brite-Ply RUSS must be used on Brite-Ply Roofing Systems. b. Adjoining sections of the reinforced strip need not be overlapped; however, gaps between adjoining sections must not exceed 1 inch (2.5 em). c. Follow standard cleaning procedures to clean the RUSS and the deck membrane. d. When using Pressure-Sensitive RUSS, clean the underside of the membrane with either Sure-Seal Primer or Splice Cleaner and allow to dry prior to removing the paper backing from the RUSS. Note: Pressure-Sensitive RUSS is not for use with Brite-Ply Roofing Systems. To splice the deck membrane to the reinforced strip, follow standard splicing procedures excluding the use of In-Seam Sealant and Lap Sealant. The vertical field splices at the base of a wall or curb must be overlaid with a 6 inch (15.5 cra) by 6 inch (15.5 em) section (with rounded coruers) of Sure-Seal Pressure-Sensitive Flashing (black only) or uncured Elastoform Flashing centered over the field splice. CAUTION: When the RUSS is used for membrane securement along gravel stops, refer to the appropriate detail for applicable installation criteria. For some gravel stops, adjoining sections of the reinforced strip must be overlapped and spliced (refer to Detail A-l-A). 2. Seam Fastening Plates Where the use of RUSS is not feasible (at smaller curbs or skylights), Sure-Seal 2 inch (5 cra) diameter Seam Fastening Plates may be used. a. Seam Fastening Plates may be installed horizontally into the structural deck or vertically into walls or curbs. Securement of the EPDM membrane with the Seam Fastening Plates must be a maximum of 12 inches (31 cra) on center starting 6 inches (15.5 em) minimum to 9 inches (23 cra) maximum from inside and outside coruers. c. If horizontal wood nailers are provided,, secure the Seam Fastening Plates to the wood nailer with the specified Carlisle Fastener. Roofing nails are not acceptable for securement. d. After mechanically fastening the Seam Fastening Plates, flash in accordance with the appropriate detail. Refer to the "Fastener Criteria" chart in "Attachment I" at the end of this section for the required Sure-Seal Fastener criteria and corresponding deck type. APP-A-95 12 Note: Tape placement is critical to obtain a minimum splice width of 2-1/2 inches (6.5 cra). A minimu~ of 1/8 inch (3 mm) to a maximum of 1/2 inch (13 mm) of tape must extend beyond the splice edge. A continuous piece of Splice Tape must be used at all field or factory splice intersections. 7. Pull the paper backing from the Splice Tape beneath the top sheet and allow the top sheet to fall freely onto the exposed tape. 8. Press the top sheet onto the tape using firm even hand pressure across the splice towards the splice edge. 9. Immediately roll the splice with a 2 inch (5 cm) wide steel roller, using positive pressure. Roll across the splice edge, not parallel to it. 10. Install a 6 inch (15.5 cm) by 6 inch (15.5 cra) section (with rounded comers) of Sure-Seal Pressure-Sensitive Flashing or Sure-Seal Elastoform Flashing over for all field splice intersections. K. LAP SEALANT APPLICATION Lap Sealant is required for all adhesive and tape splices. For cured-to-cured membrane splices with Splicing Cement, wait at least 2 hours after the completion of splice before applying Lap Sealant. Lap Sealant may be applied immediately following completion of splices with Splice Tape. If weather is threatening, Lap Sealant may be applied to adhesive splices without waiting; however, the splice area must be checked the following day for fishmouths or evidence of solvent entrapment (bubbled Lap Sealant). "Refer to Attachment IV", Membrane and Splice Repairs, at the end of this section for corrective procedures. 1. Check the splice edge for dust, dirt or other contaminants. 2. Clean the dry splice edge, extending at least 1 inch (2.5 em) onto the top and bottom membranes, using Sure-Seal HP Splice Wipes or a clean cloth dampened with Splice Cleaner and apply a 5/16 inch (minimum 1/4 inch) (minimum 6 mm) diameter bead of Lap Sealant to completely cover the splice edge. a. Sure-Seal Splice Cleaner and Lap Sealant must be used with Sure-Seal (black) EPDM membrane. b. Brite-Ply Splice Cleaner and Lap Sealant must be used with Brite-Ply (white-on-black) EPDM membrane. 3. Feather the Lap Sealant with the specially preformed tool (included in the Lap Sealant cartons) so that the high point or the crown of the Lap Sealant is located over the edge of the splice. Clean the specially preformed tool occasionally for consistent crowning of the Lap Sealant. When a 5/16 inch (8 mm) diameter bead of Lap Sealant is applied, approximately 22 linear feet (6.6 m) of coverage per tube can be achieved. APPLICATION OF LAP SEALANT MUST BE COMPLETED BY THE END OF THE DAY. LAP SEALANT MAY BE APPLlle. D IM1VIEDIATELY UPON COMPLETION OF UNCURED TO CURED OR UNCURED TO UNCURED ADHESIVE SPLICES. Delayed Lap Sealant application (not within the same day) will require scrubbing of accumulated dirt and dust along the splice edge, rinsing with clean water and cleaning with Splice Cleaner. L. ADDITIONAL MEMBRANE SECUREMENT Securement must be provided at the perimeter of each roof level, roof section, expansion joint, curb flashing, skylight, interior wall, penthouse, etc., at any inside angle change where slope or combined slopes exceed 2 inches in one horizontal foot (16 cra/1 m), and at other penetrations in accordance with Carlisle's details and securement options as listed below. Securement may be achieved as follows: APP-A-95 11 1.. RUSSTM (Reinforced Universal Securement S~rip) Loose lay the 6 inch (15.5 em) wide reinfomed strip along parapet walls and fasten with Seam Fastening Plates and the appropriate Carlisle fastener to the roof deck or vertically into the parapet wall. All fasteners must be installed so the top of the fasteners are flush with the top of the Seam Fastening Plates. Spacing of the Seam Fastening Plates shall be a maximum of 12 inches (31 em) on center. If adjustmem of fasteners becomes necessary to avoid obstructions below the roof deck, Carlisle must be contacted for specific requirements. 1) For horizontal attachment, the reinforced strip must be positioned a minimum of 1/8 inch (3 mm) to a maximum of 6 inches (15.5 em) away from the angle change. Refer to Detail U-12-C. 2) For vertical attachment, the reinforced strip must be attached to the vertical wall and must extend a minimum of 3 inches (8 em) onto the horizontal substrate/insulation. Refer to Detail U-12-D. 3) Brite-Ply RUSS must be used on Brite-Ply Roofing Systems. b. Adjoining sections of the reinforced strip need not be overlapped; however, gaps between adjoining sections must not exceed I inch (2.5 em). c. Follow standard cleaning procedures to clean the RUSS and the deck membrane. d. When using Pressure-Sensitive RUSS, clean the underside of the membrane with either Sure-Seal Primer or Splice Cleaner and allow to dry prior to removing the paper backing from the RUSS. Note: Pressure-Sensitive RUSS is not for use with Brite-Ply Roofing Systems. To splice the deck membrane to the reinfomed strip, follow standard splicing procedures excluding the use of In-Seam Sealant and Lap Sealant. The vertical field splices at the base of a wall or curb must be overlaid with a 6 inch (15.5 cra) by 6 inch (15.5 cm) section (with rounded corners) of Sure-Seal Pressure-Sensitive Flashing (black only) or uncured Elastoform Flashing centered over the field splice. CAUTION: When the RUSS is used for membrane securement along gravel stops, refer to the appropriate detail for applicable installation criteria. For some gravel stops, adjoining sections of the reinforced strip must be overlapped and spliced (refer to Detail A-I-A). 2. Seam Fastening Plates Where the use of RUSS is not feasible (at smaller curbs or skylights), Sure-Seal 2 inch (5 em) diameter Seam Fastening Plates may be used. a. Seam Fastening Plates may be installed horizontally into the structural deck or vertically into walls or curbs. Securement of the EPDM membrane with the Seam Fastening Plates must be a maximum of 12 inches (31 em) on center starting 6 inches (15.5 cra) minimum to 9 inches (23 cra) maximum from inside and outside coruers. c. If horizontal wood nailers are provided,, secure the Seam Fastening Plates to the wood nailer with the specified Carlisle Fastener. Roofing nails are not acceptable for securement. d. After mechanically fastening the Seam Fastening Plates, flash in accordance with the appropriate detail. Refer to the "Fastener Criteria" chart in "Attachment r' at the end of this section for the required Sure-Seal Fastener criteria and corresponding deck type. APP-A-95 M. 'FLASHING 1. General Flashing Considerations All existing loose flashing must be removed prior to the application of new Sure-Seal/Brite-Ply membrane. New membrane flashing must extend above all existing intact flashing but must not conceal weep holes or cover existing throughwall counterflashing. b. Install surface mounted reglets and compression bar terminations directly to the wall surface. c. In-Seam Sealant is required on all vertical adhesive splices between adjoining sections of cured membrane flashing. All vertical field splices (adhesive or tape) at the base of a wall or curb must be overlaid with a 6 inch (15.5) by 6 inch (15.5 em) section (with rounded comers) of Sure-Seal Pressure-Sensitive Flashing (black only) or uncured Elastoform Flashing centered over the field splice. Uncured Elnstoform Flashing must be limited to the overiayment of vertical seam~ (as required at angle changes), or to flash inside/outside comers, vent pipes, scuppers and other unusually shaped penetrations where the use of premolded pipe flashing, cured EPDM membrane or Pressure-Sensitive Flashing is not practical. Note: Even when working in elevated temperatures, in most cases a heat gun will be required to elevate the temperature of uncured Elastoform Flashing to a higher than warm tool temperature (which is between 105°F (40°C) and 110° F (43°C)) to permit proper forming of the uncured flashing. The Brite-Ply Flashing stretches easier crosswise than it does lengthwise. When forming omside comers, flashing must be positioned so that the longer points of the diamond shaped embossment are pointing to the outside comer. f. When using Pressure-Sensitive Flashing to strip in Seam Fastening Plates or metal edging flanges, etc., either Sure-Seal Primer or Splice Cleaner must be used to clean the membrane and metal flanges. g. In areas where metal counterflashing is used as the vertical termination, the counterflashing must be sealed with a rubber grade caulking to prevent moisture migration behind the new wall flashing. h. On Golden Seal Warranty projects, Carlisle's Termination Bar in conjunction with Water Cut-Off Mastic, must be installed under all metal counterflashings used for vertical wall terminations. 2. Walls, Parapets, Curbs, Skylights, etc. a. Use continuous deck membrane with RUSS (Reinforced Universal Securement Strip) or Seam Fastening Plates along the base of the wall. 1) When using RUSS, refer to Paragraph L, Additional Membrane Securemem, for attachment and splicing procedures. 2) When Seam Fastening Plates are used to secure the continuous deck membrane, use either 9 inch (23 cra) wide Clean Cured Flashing, 9 inch (23 cra) wide .060 inch (1.5 mm) thick cured "seamless" membrane or 6 inch (15.5 cra) wide Pressure-Sensitive Flashing. a) When Pressure-Sensitive Flashing is used to strip in Seam Fastening Plates, Sure-Seal Primer or Splice Cleaner must be used to clean the EPDM membrane surface. b) When Clean Cured Flashing or "seamless" membrane is used (in conjunction with Splicing Cement), In-Seam Sealant is required around each Seam Fastening Plate. Note: Clean Cured Flashing and Pressure-Sensitive Flashing are only available in black. APP-A-95 13 b.' When the use of continuous deck membrane for wail flashing is not feasible, a separate piece of cured EPDM membrane or Clean Cured Flashing may be used. I) When Splicing Cement is used to complete the splice, follow standard splicing procedures including the use of In-Seam Seaiant and Lap Seaiant. Clean Cured Flashing need not be cleaned unless contaminated with field dirt, footprints, etc. 2) When Splice Tape is used, the membrane and flashing (cured EPDM or Clean Cured Flashing) must be cleaned with Sure-Seal Primer. Refer to Paragraph J, Membrane Splicing with Splice Tape, for splicing procedures. c. Adhere flashing to the wall and terminate in accordance to the applicable U-9 Term nation Details. d. Use 6 inch (15.5 cm) by 6 inch (15.5 cm) Elastoform Flashing or Pressure-Sensitive Flashing (with rounded comers) to overlay vertical splices as shown on the applicable U-12 Detail. e. When using Pressure-Sensitive Comers in conjunction with Clean Cured Flashing, coat the flashing at the comer area with a thin coat of Splicing Cement and allow to dry pr/or to comer instailation. f. Refer to U-15 Details for various comer flashing options. 3. Roof Drains (U-6 Details) Provide a smooth transition from the roof surface to the drain clamping ring. Prepare the substrate around each roof drain to avoid membrane bridging in excess of 1/2 inch (13 mm) at the sump area and possible distortion at the drain clamping ring. Note: When reinforced membrane has been specified and the slope at the dram sump is greater than 3 inches in 12 inches (25 cra/1 m), a separate piece of cured non-reinfomed membrane must be extended into the drain sump as shown on the applicable detail. b. The mating surfaces between the clamping ring and drain base must be clean and have a smooth Finish. c. Field splices at roof drains must be located at least 6 inches (15.5 cm) outside the drain sump. d. Cut membrane so it extends approximately 1/2 inch (13 mm) beyond the attachment points of the clamping ring. The hole in the membrane must not restrict water flow or be smaller than the drain pipe. e. Remove all existing flashing materiai to prepare for the membrane seal (application of Water Cut-Off Mastic). f. All bolts and/or clamps must be in place to provide compression on the Water Cut-Off Mastic. g. Use drain strainers which have been approved by the specifier in accordance with applicable codes. 6. Other Penetrations a. Flash pipes and round supports with Molded Pipe Flashing or Pressure-Sensitive Pipe Flashing, when feasible, in accordance with the applicable detail. b. Form Field Fabricated Pipe Flashings using uncured Elastoform Flashing around pipes, round supports and stmcturai steel tubing with comer radius greater than 1/4 inch (6 mm) in accordance with U-14 Details. c. When flashing seamless metal posts (maximum 4 inch by 4 inch) (10.5 cm by 10.5 cm) with a comer radius less than 1/4 (6 mm), apply a field fabricated pipe flashing with a double vertical wrapping. d. Flexible penetrations (braided cables, conduits, wires, etc.) must be enclosed in a stable gooseneck and flashed in accordance with the applicable U-14 Detail. APP-A-95 14 e. Hot pipes which exceed 180° F (82° C), must be insulated with metal collars and rain hoods and flashed in accordance with the applicable U-14 Details. f. For pipe clusters or unusually shaped penetrations, a pourable sealer pocket must be utilized. Refer to applicable U-16 Details. N. ROOF WALKWAYS 1. Install walkways in those locations as designated by the specifier in accordance with "Design Criteria", Part I. 2. Carlisle Molded Walkway Pads or Walkway Rolls and Walkway Pads by Others a. Remove excess dust and dirt from the membrane by wiping with a clean rag. To remove accumulated dirt, footprints, etc., scrub the membrane sheets with warm water and a low sudsing soap; rinse with clean water. b. Clean the dry membrane surface by scrubbing with Sure-Seal HP Splice Wipes or clean natural fiber rags using Splice Cleaner. c. Round all comers of the 30 inch (76 cra) wide and 30 foot (9.12 m) long Sure-Seal Walkway Roll prior to applying Splicing Cement. Apply Splicing Cement to one side of the walkway and to the cleaned EPDM membrane at a minimum coverage rate of 100 square feet (9.3 m2) per gallon (3.78 I) (on each surface). Both surfaces must have continuous coverage. 1) If a 30 foot (9.12 m) long walkway roll is to be utilized, the Splicing Cement must be applied to the side of the walkway which faces upward after unrolling to prevent curling or cupping. Note: Allow a 1 inch (2.5 cra) wide break between maximum 10 foot (3 m) lengths of walkway roll. 2) Allow the Splicing Cement to dry until it is tacky but will not string or stick to a dry finger touch and will not move when pushed with a dry finger. e. Place the coated walkway pad/roll onto the coated membrane area. Roll a minimum of 3 inches (8 cm) around the perimeter of the Sure-Seal Walkway Roll with a steel roller and walk in the remainder of the pad. Rolling the perime~r of the Sure-Seal Molded Walkway Pad is not necessary. The Sure-Seal Molded Walkway Pad should be walked in place. Discontinue walkways over field splices allowing a minimum 1 inch (2.5 cm) gap over the seam edge. 3. Paver Blocks a. Install a slip sheet of cured EPDM membrane or two layers of HP Protective Mat under all smooth pavers for the protection of the deck membrane. The protective layer must extend a minimum of 2 inches (5 cm) on each side of the concrete paver. b. Concrete pavers are not recommended for walkways when slopes exceed 2 inches in 12 inches (16 cm/1 m). O. DALLY SEAL 1. On phased roofing, when the completion of flashings and terminations is not completed by the end of each work day, provisions must be provided to temporarily close the membrane to prevent water infiltration. APP-A-95 15 2. Temporarily seal any loose membrane edge down slope so that the membrane edge will not buck water. Caution must be exercised to ensure that the membrane is not temporarily sealed near drains in such a way as to promote water migration below the membrane. 3. Sure-Seal Pourable Sealer is recommended for temporary sealing of membrane edges and shall be applied as follows: a. On existing built-up roofs, remove the gravel. The surface must be clean and dry. b. The two Pourable Sealer components must be mixed in accordance with the instructions on the container labels. c. Apply the Pourable Sealer along the loose edge of the EPDM membrane. If necessary, use a trowel to spread Pourable Sealer to achieve complete coverage. d. After embedding the membrane in Pourable Sealer, CHECK FOR CONTINUOUS CONTACT. Provide continuous pressure over the length of the temporary seal with 15 foot (4.57 m) lengths of 2-1/2 inch (6.5 em) diameter Sure-Seal Lay Flat Tubing filled with dry sand. Note: Wood nailers will not provide constant compression due to warping and an uneven substrate. e. When work is resumed, pull the membrane free; trim and remove where the Pourable Sealer was applied. P. OPTIONAL COLOR COATING (For Sure-Seal Membrane or Flashing) If optional color coating is specified, Carlisle's final inspection for warranty must be conducted prior to the coating application. This will permit the completion of any "Repair for Warranty" items without consideration for the removal and reapplication of the coating. The owner will then verify that the coating was applied after receiving the warranty. 1. General a. The installed system must weather for a minimum of two weeks before the application of Hypalon® Coating. b. The surface must be visibly clean and dry prior to application. c. Do not apply the Hypalon Coating to the EPDM membrane when the outside temperature is below 40° F (5° C). d. Color coating of walkway pads is not recommended. 2. EM-8 Hypalon Color Coating a. Thoroughly mix the EM-8 Hypalon to suspend settled material from the bottom of the container. A paint roller with a 1/2 inch (13 mm) nap must be used to apply the coating to the membrane in one smooth coat to achieve a maximum coverage rate of 150 square feet (14 m2) per gallon (at moderate temperatures). b. Typically, two coats of EM-8 Hypalon are required when the paint is applied at the approximate rate of 150 square feet (14 m2) per gallon (per each coat). When thinner coats are applied to avoid runs in the paint, additional coats may be required for a consistent application. c. If repairs are required to a previously coated surface, refer to the "Repair and Maintenance" Section included with this manual. O. CLEAN UP (for Brite-Ply Roofing Systems) If required by the specifier to ensure the aesthetics of the white surface of the Brite-Ply EPDM membrane, the following procedures should be utilized: APP-A-95 16 1. ' Handprints, footprints, general traffic grime, industrial' pollutants and dirt may be cleaned from the membrane surface by scrubbing with warm water and a low sudsing soap; rinse the area completely with clean water. 2. Bonding Adhesive and Splicing Cement residue may be cleaned using the following procedures: a. Saturate a clean HP Splice Wipe with clean Brite-Ply Splice Cleaner. b. Scrub exposed Bonding Adhesive or Splicing Cement with the saturated HP Splice Wipe until all residue is removed from the membrane. For easier removal, it may be necessary to change splice wipes frequently. Copyright 1995 Carlisle Corporation Carlisle, Sure-Seal, Brite-Ply, Golden Seal, SecurEdge, RUSS, In-Seam Sealant and Elastoform Flashing are Trademarks of Carlisle Corporation Hypalon is a Trademark of E. I. du Pont de Nemours & Company, Inc. Foamular is a Trademark of UC Industries, Inc. This specification represents the applicable information available at the thne of its publication. Owners, specifiers and Carlisle authorized roofing applicators should consult Carlisle or their Carlisle Manufacturer's Representative for any information which has subsequently been made available. Review the appropriate Carlisle warranty for specific warranty coverage, terms, conditions and limitations. APP-A-95 17 Sure-Seal®lBrite-Ply 'Adh'ered Roofing Systems "Attachment I" Fastener Criteria/Pullout Values May 1995 Deck/Parapet Type and Carlisle Minimum Pilot Hole Pilot Hole Minimum Pullout Per Fastener Fasteners Penetration Depth Diameter (Sure-Seal) Steel, 22 gauge (.8 mm) or heavier HP Fastener 3/4 inch N/A N/A 360 pounds (163 kg) (1.9 em) Steel, less than 22 gauge (.8 mm) HP Fastener 3/4 inch N/A N/A 300 pounds (136 kg) (1.9 cra) Structural Concrete, HP Concrete 1-1/4 inches (1) I/4 inch rated 3,000 psi (211 kg/cra2) or greater Spike (3.5 em) (6 mm) 800 pounds (362 kg) HP Fastener 1-1/4 inches (1) 3/16 inch (3.5 cm) (5 mm) Wood Planks, minimum HP Fastener Min. 1 inch (7) N/A N/A 15/32" (12 mm) thick Plywood (2.5 em) 360 pounds (163 kg) Minimum 7/16" (11 mm)thick HP Fastener Min. 1 inch N/A N/A oriented strand board (OSB) (2.5 cra) 250 pounds (113 kg) HP Lightweight 1-1/2 inches (3) (3) Cementitious Wood Fiber Deck Fastener (2) (4 cm) 300 pounds (136 kg) HP Speedinck (4) (4) 5/8 inch Toggle Bolt (1.6 em) HP Lightweight 1-1/2 inches (I) 3/8 inch (10 mm) Gypsum or Lightweight Insulating Deck Fastener (2) (4 cra) or Concrete 7/16 inch (5) 300 pounds (136 kg) (11 mm) HP Speedlock (4) (4) 5/8 inch Toggle Bolt (1.6 cra) Masonry (block, brick or concrete) Termination Bar 3/4 inch 3/4 inch 1/4 inch Nail-In (6) (1.9 cra) (1.9 cra) (6 mm) Notes: N/A = Not Applicable (1) Tl~e pilot hole must be predrilled to a sufficient depth to prevent contact between thc fastener point and any accumulated dust in the predril[ed hole. Tins will help prevent bottoming out of the fastener during installation. (2) When specified, the HP Lightweight Deck Fastener and the 3 inch (8 cna) diameter fastening plate (provided as a complete fastening assembly) may be used for attachment of insulation. The 2 inch (5 em) diameter fastening plate (provided for use with the HP Lightweight Deck Fastener) must be used in conjunction with RUSS (additional membrane securement). (3) Most cenaentibous wood fiber decks do not require predrilling; however, Carlisle should be contacted prior to installation for verification of specific types that may requir~ a pilot hole to be predrilled. (4) The toggle bolt length must be sufficient to completely penetrate the deck and allow the toggle wings to fully expand. (5) Pilot hole size may be varied to maximize pullout resistance. (6) Used for the securement of compression bar terminations or Seam Fastening Plates (used for additional membrane securement into vertical naasont7 surfaces). Do not uae for insulation securement. (7) For wood planks only, maximum fastener penewafion shall not exceed 1-1/2 inches (4 cna). "Attachment I" APP-A-95 Sure-Seal®lBrite-PlyTM Adhered Roofing System Attachment II Direct Application Over Lightweight Insulating Concrete May 1995 When specified, the Sure-Seal/Brite-Ply EPDM membrane may be adhered directly to a new approved cellular or perlite lightweight insulating concrete with a minimum compressive strength of 225 psi (15.8 kg/cra2). No As-Built projects will be permitted, all projects must be submitted to Carlisle for review prior to installation. The Authorized Applicator must provide Carlisle with a copy of a certification letter from the lightweight insulating concrete manufacturer which references the project name and location and contains the manufacturer's brand name, minimum compressive strength, average wet and air dry densities. The substrate must be free of any debris, fins, loose and foreign materials. Fill any gaps in the substrate greater than 1/4 inch (6 mm) with an appropriate material. Application Cautions Do not proceed with the membrane installation until the lightweight insulating concrete substrate has cured and the moisture content by dry weight is 12% or less. If necessary, consult with the lightweight insulating concrete manufacturer concerning additional drying time. 2. Do not adhere the membrane to the lightweight insulating concrete substrate within 48 hours after a rainfall. Prior to membrane installation, darker areas, especially along hairline cracks in the concrete, may serve as an indication of moisture entrapment and possible standing water beneath the surface. If this condition is found, consult with the lightweight insulating concrete manufacturer for proper corrective measures. Except when lightweight insulating concrete is poured over slotted steel decks, the roofing applicator must conduct core cuts at the minimum rate of 1 every 2,000 square feet (186 rs:). The core cuts should be located around hairline cracks (if present) where darker areas are visible. After core cuts have been taken, the substrate should be examined for evidence of moisture above the structural deck and, if found, a wet/dry vacuum system, as recommended by the lightweight insulating concrete manufacturer, must be utilized to remove standing water from beneath the surface of the concrete. a. To ensure the efficient operation of the vacuum system, a tight seal must be provided between the nozzle of the vacuum and the lightweight concrete substrate. b. A one-way pressure relief vent, approved by Carlisle, must be installed over each core cut in accordance with Detail A-14. "Attachment I1" APP-A-95 1 Sure-Seal/Brite-Ply Adhered Roofing System "ATTACHMENT II1" B-500 Bonding Adhesive May 1995 A. General Cautions and Warnings 1. Review thc applicable Material Safety Data Sheet for complete safety information prior to use. 2. This adhesive is designed to be applied when the ambient temperature is 40°F (4°C) and rising. Do not apply if ambient temperature will drop below 32°F (0°C) before adhesive dries. Adhesive that freezes is unusable. 3. Opened containers of B-500 Bonding Adhesive should be used within 48 hours. The adhesive will form a thick surface skin that will not re-dissolve; the remaining adhesive may solidify and be mined. B-500 is currently approved for use on Foamula~ Durapink-FA and polyisocyanurate insulations, structural concrete, plywood, and oriented strand board substrates. B-500 cannot be used with HP Recovery Board or Georgia Pacific Dens-Deck underlayment board. Note: Durapink-FA insulation must be installed with the polylaminate side facing down. 5. B-500 must be allowed to dry. Wet adhesive is gray in color when applied and will turn black when dried. Extended drying times of 30 - 60 minutes can be expected in cool, overcast, humid, shaded or late day applications. Drying times during sunny conditions are normally 5 - 15 minutes. The dried adhesive should remain tacky before assembly. b. B-500 must be dry to avoid permanent blisters from trapped moisture. Coated areas exposed to moisture or sheets closed while the adhesive is wet shall bc allowed to dry and then recoated. 6. Immediately broom the bonded portion of the sheet with a soft bristle push broom to achieve maximum contact. Brooming is critical. B. Application 1. Apply B-500 Bonding Adhesive without globs or puddles to both the membrane and the subs*rate to achieve approximately 100 square feet (9.3 m:) per gallon per finished surface (on both membrane and substrate). On porous surfaces such as cement block, brick and wood walls, two coats of adhesive will be required. Apply the first coat at half the coverage rate to the porous surface and allow to dry. Apply the second coat to the porous surface and the first coat to the membrane at the standard coverage rate. 2. The adhesive may be applied with a hand roller, mechanical roller or mechanical sprayer. a. ROLLER APPLICATION (by hand) 1) B-500 will build-up on the roller cover due to excessive heat or residual dust reducing the coverage rate. This build-up can be removed by allowing the roller to dry then rolling over dry adhesive on the substrate. 2) Small pieces of dried adhesive may come off thc roller occasionally; however, this will not hinder thc performance of thc adhesive. 'Aeachment III" APP-A-95 'b. MECHANICAL ROLLER APPLICATION - Follow manufacturer's safety and use procedures. 1) Remove ail liquid (adhesive, cleaner, solvents) from the unit. Never combine B-500 with other adhesives or cleaners. 2) Flush unit with mineral spirits (do not use water) to coat ail surfaces and minimize end-of-day clean- up. 3) Use low pressure settings to obtain consistent coverage. MECHANICAL SPRAY APPLICATION - Follow manufacturer's safety and use procedures. I) Airless spray equipment with a 1 - 2 gallon/minute (3.78 I - 7.5 l/minute) pump capacity and a maximum pressure of 3000 psi (211 kg/cms) is suggested. 2) Tip sizes between .028" - .035" (.7 mm - .9 mm) provide maximum production with minimum overspray. Reversible tips are strongly recommended. 3) Flush unit with minerai spirits (do not use water) at the end of each day and store the guns in minerai spirits when not in use. Remove the minerai spirits prior to adding the adhesive. 4) Use the lowest possible pressure setting to obtain consistent coverage and minimize overspray. 5) A 14" - 18" (.35 m - .45 m) wide spray pattern with a 50% overlap is recommended to achieve a uniform consistent coverage. Backrolling is not required to obtain 100 % coverage. 6) Remove ail skinned adhesive from the pail or holding tank to reduce tip clogs. During application in temperatures over 80°F (26°C), float 1 inch (2.5 cm) of minerai spirits on top of the B-500 to prevent the formation of an adhesive skin. To refill the unit simply pour additionai B-500 through the minerai spirits. APP-A-95 2 Sure-Seal®lBrite-PlyTM Adhered Roofing System Attachment "IV" Membrane and Splice Repairs May 1995 Pressure-Sensitive Flashing, when approved for repairs, must be limited to new installations only. A. REPAIRS OF CUTS AND TEARS (Surface Splice) Repairs to cuts and tears in the membrane must be accomplished by splicing a membrane section over the affected area. 1. Using a scrub brush, remove field dirt by scrubbing the splice area with warm water and a low sudsing soap; rinse with clean water and allow to dry. 2. Select a repair membrane which is the same material as that to be repaired. a. For areas where a section of the cured membrane has been cut and removed, the In-Seam Sealant must be placed 1/2 inch (13 mm) from ail edges of the open area. b. For small holes, punctures, or tears in the cured membrane, the In-Seam Sealant can completely cover the damage with a normal bead, the sealant can be placed directly over the puncture. 3. When the repair membrane is uncured Elastoform Flashing, the use of In-Seam Sealant is not required. 4. Extend the repair membrane section at least 3 inches (8 em) in every direction from the cut or tear. 5. Round the comers of the repair membrane and follow standard splicing procedures as outlined in the "Application" section. B. SPLICE REPAIRS Repair of Improperly Applied Adhesive Splices 1. Improperly applied splices include, but are not limited to, missing In-Seam Sealant, fishmouths at field splices, overly dry or wet Splicing Cement or incorrect coverage rate, 2. Pull any loose edges of the splice apart, reapply splicing cement and mate the two surfaces together. Do not reapply In-Seam Sealant. 3. Clean the splice area with Splice Cleaner on both sides extending past the width of the flashing to be applied. Note: Prior to cleaning with Splice Cleaner, when the membrane has been exposed to the elements for prolonged periods, remove field dirt by scrubbing the splice area with a scrub brush, warm water and low sudsing soap; rinse with clean water and allow to dry. 4. Overlay the defective splice area with a minimum 6 inch (15.5 em) wide Sure-Seal Pressure-Seusitive FlashIng (black only) or uncured Elastoform Flashing® (centered over the edge of the splice). 5. If fishmouths are present in the field splice, the fishmouth must be cut by removing the top layer of membrane prior to overlaying the splice. The flashing overlay must be supported by the bottom layer of cured membrane. "Attachment IV" APP-A-95 Exhibit C '~Ca~isle §ynTec Incorporated P.O. B~x 7000 (717) 245-7000; FAX {717) 245-7053 bUrll; llf byll I IfG InGorpora[eo / Applicator: Rep: Date '2'$-?~ Inspection NO. J ARRIVAL RATING: INSPECTION REPORT / REPAIR FOR WARRANTY Job Name: ; :- · . Location: · .~ · .: . . , Owner:. , ..· - , - T System ~ Material : ' Square Feet~ Drawing # ' Job #, : . · . Job Completion Date: . · ":~ .. -- ~'~ "J~."i'J4,~4"~J Attending Roofer (~1~ JSI Rev, # Tech Rep Approved . /~'o Rejected (See below) ~c',~ Rei~spect ~ (Y / N) I 2 3 4 5 6 7 8~10 DEPARTURE RATING: I 2 3 4 5 6 7 8 1 1.[] 2. n 3,[] 4. D Lap Sealant missing at splice edge. Repair: Apply and feather Lap Sealant. U-9-__; Missing termination at edge of membrane, Repair: Install appropriate termination per U-9 details. The vertical splice is open / bridged. Repair: Cut away loose Elastoform Flashinge and apply Elastoform sedace splice extending 3' past any cut ot open area. AAoly ~nd feather Lap Sealant. Flahmouths in field splice. Repair: Cut away fishmouths / wrinkles in splice. Apply a sudace splice extending 3' in afl directions past cut area. Apply and feather Lap Sealant. 5. [] U-5-A, U-9-C; llashing not fastened 12' O.C. Repair: Fasten flashing maximum 12' O.C. 6, [] MFS-2. Minimum 2' splice not achieved trom back edge of Seam Fastening Plate. Repair: Install new Seam Fastening Plates between existing plates ar~J spaced 12° O.C. and overlay. 7.[] MFS--8, MFS-14, U-t6; Missing additional membrane securement maximum 12" away from penetration. Repair: Install additional Seam Fasiening Plates maximum 12' away from penetration and oveday per MFS specillcalions. 8. ~1 Verify Water Cut-Oil Mastic has been applied under constant compression per Detail (s) 10.n Ballast weight/size does not conform to Carlisle's minimum specification (10 lbs. per square foot). Repair: Redistribute or apply additional ballast to conform to specified criteria. 11.E] Membrane securement missiog at roof perimeters/inside angle changes grester than 2:12 slope/cud)s/round penetrations over 18' in diameter. Repair: Install appropriate membrane securement and oveday. 14. [] U-6-__; Missing / loose drain bolts. Repair: Install and tighten all drain bolls to provide constant compression on Water Cut-Off Mastic. 15. D U-t 6-__; Repair pourable sealer pockets so / water cannot pond / pourable sealer is cured / pocket has 1' clearance between penetrations and all sides of pookel and achieves 2' minimum depth. Thoroughly clean all penetrations. 16. [] U-14-__; Field fabricated pipe seal missing deck flange I ve~lical wrap of Elastoform Flashing. Reflalr: Apply a deck flange of Elastoform Flashing and/or a vertical wrap ot Elasloform Flashing achieving all minimum splice requirements. 17. [] U-15-__; Missing comer application of Elastoform Flashing. Repair; Apply a minimum g' x 9" Elastofon~ pigeer on inside comers per Detail U-15-A/B/D, two wraps of Elastolorm Flashing on ail outside comers per Detail U-15-C, or apply Carlisle's Sure-Sesl comer per Detaif PS-15-FJF. 18. ~ Non-Carlisle roofing malarial used in Carlisle warranted roof system. Repair: Remove non-Carlisle material and replace with CeHisle products. '19. [] Debris on the roof. Repair: Remove debris, check lot damaged areas and repair. 20. [] Surface splice missing at vertical splice at angle change. Repalr: Apply a surface splice as per Detail (s) 21. [] Shop drawing inaccurate. Redulremant: Submit a revised drawing to the local Carflsle Regional Center, 22. [] Caulk all fasteners that oecetrate a metal counter ifashina and the membrane with a sealant b,¢ othe.~s. [] HOLDIIliRFWltam# for release b Mana e ["~ ~ y g r, Tech~qical Sen/ice. I hereby repreaent, with full Intention that Cartlale Jastlflably rely hereupon In the Issuance of Its wa~anty, lhst the project deanrtbed above now conforms In Its entirety with all Carlisle specifications, details and installation Instructions. EXHIBIT C REPAIRS COMPLETED ON Inspection No. 2, BY_ Tech Rep ~Z¢ "~-r~llh%J Attanding Roofer Approved 4~) Rejected I vl~ Reinspect Carlisle and EJastoform Flashing are trademarks of Carlisle Corporation ©1996 Carlisle Corporation JSI Rev. REPAIRS REQUIRED: The entire mot should be checked to make sure it meets Carlisle Specifications and Details. Below are some of the repairs that must be made. To ensure proper splicing prior to making repairs all membranes and flashings must be cleaned with soap and water, rinsed and dried, then follow proper splicing procedures. 'c,,~.'ible Syn rec INSPECTION REPORT / REPAIR FOR WARRANTY Applicaler: " ' ' ' ' ,;ob Name: Square Foel Date.~Z~-,-~/~._~ Tech Rep, .~,Z~' '~,T/~.~'~.~,.'¢.,~ Atlending Roofer__ Inspection NO, ~ Approved _~-"~ Rejected (Sec below} A/¢~' Reinspect /t/~:/~__. (Y / N) JSi ."3.er. ~., / ARRIVALRATIN,~: I 2 3 4 5; 6; 7 O0 DEPARTURE RATING: 1 2 3 4 5 6 7 8 Apply and feathcr Lap Sealan;. 2.3. ~ Ai~olicator: FAX (717) Carlisle SynTec Incorporated INSPECTION REPORT / REPAIR FOR WARRANTY '" ""' '' :'; .... "' - "~' Job Completion Date; ,;, .~.-,.-~, :.-., -,.- Date 2-3~ Tach Rep ._~' "~'~/'~?$~1~ Attending Rooter Ir. specfio~No. ~ Appnwed }/~ Rejected (See below) !-.''''O Reinspect ARRIVAL RATING: 1 2 3 4 ;(4~)9 10 DEPARTURE RATING: 1 2 3 4 5 6 7 8 5 6 F' REQUIRED: The andre roof ~ould IDa cflecked to n'ake sure it mects Carlisle Sdecilica~ons and Detal~ Below am e~o~e ~ ~,e rKcelm Ihat REPAIRS must be made. TO ensure peol~t' ~ng p(,ot to maidn9 rspalra all membranes and Ileshing~ must be ~leaned ~lh ~ mr~ wa~er, elnsed and dried. ',hen tel~ow proper splicing pn~edura~. 1. C] Lap Sealant missing ~ space edge. Reflalr:. A~ly and lea~'ler Lap Sealant. 2. ~ U.9-._: Missing termination et edge et membrane. Repair: b~stall apt~roptlate termination per U-g details. 3.."J The vertical sptice is open I I~lged. Repair: Cut away Iocoa Elastolorm Fla~.~ing~ and apl~y E!astolno'n surface splice axtenoling 3' past any or of~fl area. A;ply and tes~et L~O Sealant. 4. O Fishmouthe in r~kl splice. Repair. Cut sway lls~mou~s I wri~ldes ~n splice. Ap~ a sudace splice extending 3' In all ~irac§on$ pa_et Cut area. Ap~! and fealher Lap Sealant. 5. ~ U-S-A. U-g-C; flas~fi~g not fastened 12' O.C. Repair: Fasten flashing maximum 12' O.C. ~ C] MFS-2. Minimum 2' Splice not achieved !rom back edge et Seam Fastening Ptala. Repetr: Install new Sr.$,n Fast enir..g Plat=$ between existing plates and spaced 12' O.C. and Overlay. 7. L-J ~.IFS-8. MFS-t4. U-18; Missing addi§or~al membrane secure~'nen! maximum 12' away ~ penetration. Repair: In~ta# addil~;~..lal .Seam 8. C~ V er.'~y Water Cut-O!! Mastic has been applhK~ under constr~t compression par Dslati 1'~. CI Ballast weight / size does not con~orm to Car§sla's minimum specitica0on (I0 lbs. per square ~ool). Repair: Redlstrlbule or 14. O ~U`~-~--~M?sing~esedrainb~ts~Rep?~r:Instapa~d~gh~ena~drainb~t~p~v~dec~t~n eorr. praasono~WatarCut.4:~f Mastic. · 15. [3 U-t4._: Field fabricated pipe seat mJssiflg ~ flange I vertical wrap et Elestoterrn Fie~hing. Redelr': App~ a deck flange o! Elastoform Fla.~hing and/or a ve~ical wrap ot Elastotoml Flashing achieving all minlm~ ~0flce requL, emenLq. 20. ~ Sudace splice miss;nD at vertical splice at angle chan~e. Repair. Apply a surface scrce ~- per Deta~ 2:. r~ Shop drawing ioaccurale. Requirement: Submit a revised draw!nD io ~e local Cad,sis Regional Center. _BY PAGE 1 of Carlisle SynTec Incorporated INSPECTION ~EPORT I REPAIR FOR WARRANTY Insp~tion No. [ ~p~ed ~ Rele~ed (See be~w) ~ He~ns~ [6 7 8 ~ ~ HOLD!!!t RFW Item # -- lot release by Manager. Technical Se~.ice. I hereby represent, with full Intention that Carlisle Justifiably rely hereupon in the issuance of its warranty, that the proJec! described above now con o-ms hi its ent rely w h a Carlisle specifications, details and installation instructions. PAGE 1 ot JSI Rev. · C~disle SynTec Incorpodated I. dl II IU Oyll I UU InGurpuruluu ' P.O. BO~ 7000 · Carlisis, PA 17013 (717) 245-7000; FAX (7t7) 245-7053 INSPECTION REPORT / REPAIR FOR WARRANTY Applicator: Job Name: Location: Owner: System Rep: Drawing # Job Completion Date: Material Square Feet__ Job # Date3-z3- '7 TechRep ;~4~.5" ~'~--~-'5%~-- '"'~$Tu~/ Attending Roofer Ins~ion No. ~ Approv~ ~u Reined (See below) ~ Reinspe~ ~ ~ N) JSI Rev. ~ ARRIVAL RATING: I 2 3 4 5 6 7 8~10 DEPARTURE RATING: 1 2 3 4 5 6 7 ~10 REPAIRS REQUIRED: The entre roof should ~ checked to make sum it ~ets Carlisle S~tions and De.ils. ~low ~ ~e of ~e mppm ~at must ~ ma~. To ensure pm~r ~l~ing prior to making repaim ail membranes and fishings must be clea~ ~th s~p ~ ~r, ¢~ a~ th~ ~low proper splicing procedures. 1 ~p Sealant missing al ~l~e ~ge, Repair: Apply and feat~r ~p Sealant. 2.~ U*9-~; Missing te~inat~n at edge of membrane. Repair: In~ll appropriate lamination ~r U-9 details. ~-~-~ ~k~ ~ 3. ~ The radical spli~ is open / bridge. Re. Ir: C~ away loose Elaslo[orm Flashin~ a~ ~p~ Elastofo~ suda~ splice e~ing 3' p~t any or open area. ~ply and f~ther ~p Sealant. 4. D Fishmouths in field split. Repair: Cut away tishmou~s / wdnkles in splice. A~ly a sudace splice e~ending 3' in a~ dir~tions p~l cut area. Ap~y and feather ~p SeCant. 5. ~ U-~A, U-9-C; f~sh ng not astened 12" O C. Repair: Fasten flashing m~imum 12' O.C. 6, ~ MFS2, Minimum 2' splice not achieved from b~k edge of S~m Fastening Plate, Repair: Install new Seam Fasteni~ Plates ~een exisUng plates and spa~ 12' O.C. and ore,ay. 7.~ MFS-8, MFS-t4, U-16; Mi~ng additional membrane securement m~imum 12' away from penetration. Re. Ir: I~11 ad~onal Fastening Plates m~imum 12" away from penetmti~ and oveday per MFS spe~fi~ns. 8~Ver~ Water Cut~ M~fic has ~en appli~ under ~nstant compression ~r De~il (s) ~'~ ~ 10. ~ Balla~ weight / size d~s ~ ~nform Io Carlisle's minimum specifi~tion (10 lbs. per square foot). Re. Ir: Redistdb~e m apply addi~onN ~Uasl to conto~ to sp~fied ~iter~, 11. ~ Membrane s~rement mis~ at r~f ~rimetem / inside angle changes greater than 2:12 slo~ I cu~s / round ~tmt~ over 18' in di~eter. Repair: I~11 appr~Hate membrane secure~nt and ove~ay. 14. ~ U-6-~; Mi~i~ / I~se drain ~. Repair: Install and tighten all drain bolts to provue ~stant com~re~ion on Water C~ Ma~c. 15. ~ U-16-~; Repair ~urab~ sealer p~kets so / water cannot pond / pourable sealer is cu~ / p~ket h~ 1' clear.ce baleen ~nelratio~ all sides o~ p~ket and ac~eves 2' minimum depth. ~oroughly clan ag ~netrafl~s. 16. ~ U-14-~; Fie~d fabr~ated pipe seal missing d~k fl~ge / venial wrap of Elastofo~ Fishing. Repair: ~ly a d~k flange of Elastoform ~hing an~or a ve~al wrap of El~toform Flashing achieving all minimum spl~e requirements, 17. D U-15-_.; Missing comer ap~ication of Elastoform Fishing. Re. Ir: ~ply a minimum 9' x 9' E~loform pigear ~ in,de ~me~ ~r ~il U-15-~B/D, ~o wraps o[ El~t~orm Flashing on all ou~ide corners per Detail U-15-C, or app~ Carlisle's Sure-SeN co~ ~r Oe~il PS-I~. 18. ~ Non-Ca,isle roofing mate~ used in Carlisle warrant~ mol ~stem. R~alr: Re~ve ~n-Cad~le material a~ mpl~ w~ Cad~ pmdu~. 19. D Debts on the tool. Re. Ir: Remove de.is, ~k f~ damaged areas and repair. 20. ~ Suda~ spl~e m~ing at ~i~l s~ice at a~le change. Re.ir: Apply a sudace s~i~ ~ ~r Deta~ s) 21~Shop draw ng na~urate. Requlre~nt: Submit a revi~d drawing to the Io~1Cadisle Regional Center. 22, ~ Caulk ~1~ fastenem that pe~tmte a metal ~unler fla~ing and the membrane with a sealant by othem. ~ HOLDH!! R~ Item ~ ~ for release by Manager, Technic[ Se~ice. I hereby represent, w[~ full Intention that Carlisle justElably rely ~mu~n In the issuance of its waffanW, that the pmj~t ~H~ a~ve now oonforms In Its entlmW with all Carlisle s~ifi~tions, details and installation Instru~l~s. REPAIRS COMPLETED ON BY Date Inspection No. Tech Rep Attending Roofer Approved Rejected Reinspect Cadisle and Elastoform Flashing are trademarks of Carlisle Corporat~n ~1996 Carlisle Corporatio~ PAGE 1 of JSI bi:lrlllilU Oyll I UI; IIII UIpUlilLUU ·, Carlisle SynTec Inco~ortated P,O. Box 7000 Carlisle, PA 17013 (717) 245-7000; FAX (717) 245-7053 INSPECTION REPORT ! REPAIR FOR WARRANTY Job Name: '" Applicator: .. . Location: ..... ;' Owner;. .............. : ...... S~/stem . M~terial '' "'" "~" ~"~LareF Rep: ' ' ............ ~ ...... : ~r wing# i:.;,;:-.,:,;,-~ : · Job if ~ .... .... ' ' "~' -' ........... : ; ' ~ "' "'; ' .... " Job Completion Date: ";' ' ' ' Date~&j~'elq~ TechRep '-~",..5~* ~J~=.tl ~ V,-1 AttendingRooler Inspection No. I Approved '~,~ Rejected (See below) ~ Reinspect ARRIVAL RATING: I 2 3 4 5 6 7 8 9 10 DEPARTURE RATING: I 2 3 4 5 6 7 8~...~ 10 REPAIRS REQUIRED: The enlJra roof should be checked to make sure it meets Carlisle Specifications and Details. Below are some of I~e repairs that must be made, To ensure proper splicing prim' to making rapaim ell membranes and flashings must be cleaned with soap and water, rinsed and dried, then follow proper splicing procedures. 1 ~'Lap Sealant missing at splice edge. Repair: Apply end leather Lap Sealant. 2. [] U-9-_.; Missing termination al edge of membrane. Repair: Install appropriate tannination per U*9 details. 3. [] The vertical splice is open / bridged. Repair: Cut away loose Elastoform Flashin~ and apply Elastofon~ surface splice extending 3' best any cut or open area. Apply and feather Lap Sealant. 4. I-1 Fishmouths in field splice. Repair: Cut away fishrnouths / wdnkles in splice. Apply a surface splice extending 3" in all directions past cut area. . / Apply and feather Lap Sealant. 5.~3 U-5-A, U-9-C; flashing not fastened 12' O.C. Repair: Fasten flashing maximum 12' D.C. ~J,,'eJ~..~ 6. [] MFS-2, Minimum 2' splice not achieved from back edge of Seam Fastening Plate. Repair: Install new Seam Fastening Plates between existing plates and spaced 12' D.C. and overlay. 7.[] MFS-8, MFS-14, U-16; Missing additional membrane securement maximum 12' away from penetration. Repair: Install addRional Seam Fastening Plates maximum 12" away from penetration and oveday per MFS sppcificetions. 8. [] Verify Water Cut-Off Mastic has been applied under constant compression par Detail (s) 10. [] Ballast weight / size does not conform to Carlisle's minimum specification ( 10 lbs. per square foot). Repair: Redistribute or apply additional ballast to conform to specified criteria. 1 I. [] Membrane securement missing at roof perimeters / inside angle changes greater than 2:12 slope ./cud3s / round penetrations over /diameter. Repair: Install appropriate membrane securement and overlay. 14.~.U-6-__; Missing / loose drain bolts. Repair: Instsil and tighten all drain bolts to provide constant compression on Water Cut-Off Mastic. 15.'E~ U-16-__; Repair pourable sealer pockets so / water cannot pond / pourable sealer is cured / pocket has 1' clearance between penetrations and all sides of pocket and achieves 2' minimum depth. Thoroughly clean all penetrations. 16. [] U-14-_; Field fabricated pipe seal missing deck flange / vertical wrap of Elastoform Flashing. Repair: Apply a deck flange of Elastoform Flashing and/or a vertical wrap of Elasloform Flashing achieving a~l minimum splice requirements. 17. [3 U-15-__; Missing comer application of Elastotorm Flashing. Repair: Apply a minimum 9" x 9' Elastoforrn pigear on inside comers per Detail U-15*A/WO, two wraps of Elastoform Flashing on all outside comers per Detail U-15-C, or apply Carlisle's Sure-Seal co~ner per Detail PS-15-F_JF. 18. [] Non-Carlisle roofing material used in Cadisie warranted roof system. Repair: Remove non-Carlisle m~tedal end replace with Cadiale products. 19. [] Debris on the roof. Repair: Remove debris, check for damaged areas and repair. 20. [] Surface splice missing al vertical splice at angle change. Repair: Apply a surface splice as per Detail (s) 21. [] Shop drawing inaccurate. Requirement: Submit a revised drawing to the local Carlisle Regional Center. 22._E3/Caulk ~1~ fasteners th~,t penettaJe e~ metal,counter ~t~sbing and the membrane with a seetant by others. [] HOLD!Il! RFW item # for release by Manager, Technical Service. I hereby represent, with full Intention that Carlisle Juetlfiabty rely hereupon In the Issuance of its warranty, that the prelect des¢rfbed above now confo~'ma in Ils entirety with all Carllsta specifications, details and Installation Instructions. _ REPAJRS COMPLETED ON BY ,ec,,ep Cadista a~ Elastotorm Flashi~ are trademarM el Cadisle Co~ora~on ~1~ Cadisle ~r~tion CARLISLE'S COPY .. [/(11 II~)IG Oyll I Gb IIIbUl pul (Ii.ti Carlisle Syn?ec Incoq~ortated P.O. BO~ 7000 Carlis~, PA 1701:~ (717) 24S-?000; FAX (717) 245-7053 INSPECTION REPORT / REPAIR FOR WARRANTY Applicator: ' Job Name: · ' ' : ';' ': " ~ "i "~ ~' ;'' "; ' ' ;" : ;~'r~wing# ~;"' ~' ''~''; '; ~'': a'' Job# .... ~"; '"~ ' -' :":~ "'~; ';~' -'-' ~" " Job Completion Date: .... Date.lC [c~, ~.'t'~ Tech Rep "~-&'~^ ~'~<' ~'' 't~ Attending Roofer '"" Inspection No. ~ Approved ,,3, g Rejected (See below) ~ .":- Reinspect ._.~.,,,S_ (Y / N) del Rev. # / ARRIVAL RATING: 1 2 3 4 5 6 7 8 9 10 DEPARTURE RATING: 1 2 3 4 5 6 ? 8~110 REPAIRS REQUIRED: Tl~e entire roof should be checked to make sure it meets Carlisle Spec~cations and Details, Below ere some of the repairs that must be made. To ensure pmpar splicing prior to maldng rapaim all membranes and flashings must be cleaned with soap arid water, rinsed and dded, then foeow proper splicing procedures, 1, I-1 Lap Sealant missing at splice edge, Repair: Apply and feather Lap Sealant. 2.0 U-9-_.; Mis~ing termination at edge el membrane, Repair: Install appropriata termination per U-9 details. 3. [] The vertical splice is open / bridged. Repair: Cut away loose Elastoform Flashin~ and apply Elastoform surface splice extending 3" pasl any cut or open area. Apply and feather Lap SealanL 4. [] Fishmouths in field splice. Repair: Cut away lishmouths / wrinkles in splice. Apply a surface splice extending 3' in all diracticns past cut area. . ~App~y and feather Lap Sealant. 5.'El U-5*A, U~9-C: flashing not fastened 12' O.C. Repair: Fasten flashing maximum 12' O.C. ~J ,¢~,~-,~.~ ~',. ~ h~O.I¢_~ =,'~ [~,,~¢, ~ 6. C] MFS-2, Minimum 2" splice not achieved from back edge of Seam Fastening Plate. Repair: Install new Seam Fastening Plates between existing plates and spaced 12' O.C. and overlay. 7.[] MFS-8, MFS-14, U-16; Missing additional mernb~ane securement maximum 12' away from penetration. Repair: Install additional Seam Fastening Plates maximum 12" away from penetration and oveday per MFS specifications. 8. [] Verify Water CuI-Off Mastic has been applied under constant compression per Detail (s) 10. n Ballast weight/size does not conform to Carlisle's minimum specification (I0 Ihs. per square foot). Repair: Redistribute or apply additional ballast to confcrm to specified criteria, I t. [] Membrane securement missing at roof perimeters / inside angle changes greater than 2:12 slope / curbs / round peneti'ations over 18' in . ~:liameter, Repair: Install appropdata membrane securement and overlay. 14.'~.U-6-_.; Mis.~j~3~icose drain botts. Repair: Install and tighten all drain bolts to provide constant cempre,ss, ion on Water Cut-Off Mastic. ~5~U~6~-;(F{~air~urab~ese~erp~ckatss~wat~rcann~p~nd/p~urab~sea~eriscured~p~cke~has~ clearance between penetrations and all sides 0+-~et and achieves 2" minimum depth. Thoroughly clean ell panatratlona. 16. [] U-14-._; Field fabricated pipe seal missing deck flange / vertical wrap of Elaslofon'n Flashing. Reflalr: Apply a deck flange el Elastoform Flashing and/or a vertical wrap el Elastoform Flashing achieving all minimum splice requirements. 17, [] U-15-__; Missing comer application of Elastolorm Flashing. Repair: Apply a r'~nimum 9' x 9' Eisstoform pigear on inside comers per Detail U- 15-A/B/D, two wraps of Elastoform Flashing on ail outside corners per Detail U- 15-C, or apply Cariisle*s Sure-Seal corner per Detail PS-15-E/1=. 18. E]/Non-Carlisle roofing material used in Carlisle warranted roof system, Repair: Remove non-Carlisle material and replace wilh Carlisle products, lg."~[ Debris on the roof, Repair: Remove debris, check lor damaged areas and repair. 20, I-1 Surface splice missing at vertical splice at angle change. Repair: Apply a surface splice as par Detail (st 21. [] Shop drawing inaccurate. Requirement: Submil a revised drawing to the local Carlisle Regional Center. 22. [:],Caulk all fasteners tha~ penetrate a ~3etal counter flashing and Ihs meml;)ra~3e with a sealant b~?,thers, . __ , 2_,~.,v' '~\;,. <[...~- t..~..I.<& ,~,.~- .~/d u.,t-'~ ~,~ r..,~,' - ~,1~.~" ,',.~-{~..I I, ~] HOLDIttl RFW Item # __ for release by Manager. Technical Service. I hereby represent, with full Inle~Uon that Cartlsls justifiably rely hereupon In the Issuance of Its warranty, that the projecl described above now codorma In Its entirety with all Carlisle speclflceifona, details and Installation Instructions. REPAIRS COMPLETED ON BY. Inspection No. ~- Approved ~ Rejected ~ Reinspect ~ Cadisle and Elastoform Flashing are trademarks of Carlisle Corporalion ~ ~1996 Carlisle Corporation --M aS-S-. (asV. WgSt '~' l ~'/'~/~ ~,~ PAGE 1 O'__ CARLISLE'S COPY JSl Rev. Exhibit D INSPECTION REPORT I Tech Rep ,, ~'e; "~,'?.,~.,¢,,',~,.j __ Irtsl~l~m No. , f ^Dpn:wed ,do Rejected ARRIVAL PATINa: 1 2 3 4 6 6 7 8~10 ~e · ~re~ met ~hou~c[ be che~kecl to m~e sure ~. 0 Lac. 8eala~ a'.;.~, .u ~ ~ice ka~ge. Re~mlc App,/and '~ee~er 2. O U-9-__: MiMb',~ IM/'Ak%IF~Q It ~ ~ membcane Rel~Jr: In~l~ 3. ~ ~ ~ ~ce ~ ~ / ~. ~,~ ~! away ~e or open ama. A~ly a~l feat'le~ Lap $1l.~t. 4. r'l FT~nxmths ffl liek:i sl~ce. Ii,stair:. Cut away fTshrao~fls ! ~ O U.~-& U-9-C: flashiflg m tastmmd 12' QC. Repair: Fasten flashin 6. q MF',S-2. Minimum 2' ~p~,ce Oet..ech~.v,~ t, orp ~ edp .of ~ F~ ?.[~ MFS-O, MF~-14, U-16; Mi~ng A~libon~l m(Im~l~ PMMnin9 I)JaMs mammum 12' away from permt~d'don and (:w~lay u.t.J uiM~ w~gnf / s, ze does not con/orTn to Caflssjo,s mirw*mm) s~cif, c rt.O ~ I, ocumm4nt raimon9 al rom j:Wr),mom3 / ins~o tr.~o cha diim ere r. f~: ifutau 8ppmpriate f'negf~/line Securement and ld.. C] U-6-~ Mi,~.,d; loose 0~n bolts. ROpOi(':. Insfall anti tinfoil mil cbs 15. f'J U-16'_: RePO{¢ PqX~'db(e minim pockets K~ / water cam~ poflcl / p( a~ sk~es of pocket mx~ achieve~ 2' m~m',urn depm. Tho~ougl~ CM 16 I'1 U.l~.__:l~mld falx4~t~fpilxl~l me~,~n~ ~,k fl~r~e/ve~ic~wr~ ar~/~r & ~ Wral~ of ET~t~orm Fkt,~hu~ a~i~vl~O all ~ 17.0 U-15-_..; M~Jng corner ml~31ic~Jon M Ell.stofonn Flaah~g, RIl~ U-15-A/1~O, two wraps of E~L~oform Fi~n90~ all Outsk~ 18. 0 No~-Ca4iNe ~o~tng matedaJ u~ed in Cadiste warrant~ mot system 19. ID Oetms o~ ~ mo~. Repdc I~rr~ve debr~, check for damaged 20./-, Surf~.~ m mw~ng .~ yedk:~ ~ic~ id a~9~e chango. Rq~ir:. j~ O HOLD~!!! RFW Keml for reJeaaeby M~nlger, ~ ~,~;ogm~ ~t fl~ InUmty wit~ NJ C~'ll~]v ~q~flc~tlon$. cietaJr- m · ~ e~-~.~ me~'. u~qj PAGE EPAIR FOR WARRANTY )~FB~RE RATINO: I 2 3 mm temmm ~ U-~ ~. ..:' are ~mark~ M Cadiele (;om JSt Rev. EXHIBIT D TOTRL P. 02 INSPECTION REPORT I' Rep:. ms0ec~ No. i · · A~'o~ed 6b Rejected ($ ARRIVAL RATING: I 2 3 4 5 6 7 :rEPAIR FOR WARRANTY ~QE 1 of [ TOTP/~. P.0]. INSPECTION REPORT I RE~AIR FOR WARRA~ . . ._ ~:~-., .... ~,~, ....... .,.. ..;_ ,.,,..:.~ ~ ~.~ -'" . ARR~~: I 2 3 4 6 ~ 7 ~ 9 10 D~pA~RE~NG: I 2 3 4 5 ~'~ 10 3'0 ~~ ~m ~e~ant. 5 ~U[~~ ~~12 Q.C.~r:r~ F~ na ~ ~i~ 1~ away ~ ~on ~ oveday ~~~' .- ~~~C~. ._ ,.__.=_.~e~~2t2s~,'~s/~~1~ TOTIqL P. ~ INSPE~nON REPORT I RE ARRIVAL RATING: I 2 3 4 S 6 7 8 9 10 ~EI m~.~t ~ medt 'Fo at.ore ~ ~i~ pnor Io ma~ing I~'Palrs all m~ fellow p r o~x~5- splicing procedures. 1[113111 O)..~',u~ lllbuIpulalt;u ~AIR FOR WARRANTY b Name: c'~tion: ., , ,,:. , .... :~ i ,wing. ..,..:_. ~,~IW~,, ,,-,,., · -o ~ Co. pier, on Date: Atlend~ng Ao~der / RTUREflATING: 1 2 3 4 S G 7 I~IF10 1. O Lap S~aJant mi~l, ing alt ~ice edge. R~.~ ~ ~ ~er Lap ~i~ ~. ~ Ve~ W~er C~ M~ has ~n ROOFER'S COPY flare tannlnatl~n per U-9 ~1~1~. Flashng· and apply Ela~Oform eudlge splice e~ · ~ ~ ~ ~ 12' O,C. ~ ~ I ~n~. Exhibit E Carlisle SynTec Systems SERIAL NO. TS TS15442 REU. 3. CARLISLE TEN YEAR TOTAL ROOFING SYSTEM WARRANTY BUILDING OWNER: RIUER CLUB ASSOCIATES, LLC. ..:., ~ NAME OF SUILO~NG: EDGEWATER RESIDENTIAL PROJECT 8LDG~i AS~980053.H SUILDINGADDRESS: EDGEWATER, NJ JSI/REU. DATE OF COMPLETION OF THE CARLISLE TOTAL ROOFING SYSTEM: 0(~/2 c)/9 ~ :~. ?' DATE OF ACCEPTANCE BY CARLISLE: MARCH 2~ ~ 1998 : Carlisle SynTec Systems, Division of Carlisle Corporation (CARLISLE) warrants to the Building ~ner (OWNER) ' :' ~ of the a~ve described building, that; subject to the terms, condilions and lim[~tions s~ted in this wa~anly, Carlisle will repair any leak in the Carlisle Ten Year Total Rooting System (CARLISLE TOTAL ROOFING SYSTEM) =~<' installed by a Cadiste Authorized Roofing Applicator for a period of 10 years commencing with the date of Carlisle's :~; ~= a~eptan~ of the Carlisle Total Roofing System installation. However, in no event shall Carlisle's obligations e~end ;~ beyond 10.5 years subsequent to the date of substanlial completion of the Carlisle Total Rooling System. See below for exact date o~ warran~ expiration. The Carlisle Total R~fing System is defin~ as the following Cadlsle brand materials: Membrane, Flashings, Countedlashings, Adhesives and Sealants, Insulation. R~ove~ Boa~. Fastenem, Fastener Plates, Fastener Strips, ";.. ' Hard Rubber or Metal Edging. Metal Termination Bars, and any other Car~sle brand pr~ucts ~ilized in this ~ :'. installation. TERMS, CONDITIONS, LIMITATIONS INCIOENTA~ CONSEGUENTa~ OR OTHER DA~ INCLU~NG, BUT NOT LIMITED TO, LO~ OF PROFIT~ OR DAMAGE TO THE BUILOING OR THIS WARRANTY EXPIRES: MRRCH 22, 2008 CARLISLE SYNTEC SYSTEMS DIVISION OF CARLISLE CORPORATION By: 3. Thomas Nettling AUTHORIZED SIGNATURE: TITLE' Director, Technical and( Warranty Services DATE'OF ISSUE: MARCH 2:~ · 3.998 SX - 9062 EXHIBIT E Carlisle SynTec Systen /~.'~; SERIALNO. TS TS1~067 REV.1 CARLISLE TEN YEAR TOTAL ROOFING SYSTEM WARRANTY BUILDING OWNER: RIUER CLUB AS$OCIATES~ LLC. NAME OF BUILDING: EDGEI.,JATER RESIDENTIAL PRO.3ECT BLDG=~2 RB~gB0052N BUILDING ADDRESS: EDGEWATER~ N3 JSI/REV, DATE OF COMPL~ION OF THE CARLISLE TOTAL R~FING SYSTEM: DATE OF ACCE~ANCE BY CARLISLE: FEBRUARy 03 ~ ~998 Carlisle SynTec Syslems, Division of Carlisle Co.oration (CARLISLE) warrants to the Building Owner (OWNER) of the above de~dbed building, that; subject to the terms, conditions and I[m~ations stated in Ibis warrant, Carlisle will repair any leak in the Carlisle Ten Year Total Roofing System (CARLISLE TOTAL ROO~NG SYSTEM) ins~lled by a Carlisle Authorized R~fing Applicator for a period of 10 yearn commencing with the date of Carlisle's acceptan~ of the Ca,isle Total Roofing System installation. However, in no event shall Carlisle's obiigalions e~end beyond 10.5 years subsequent to the date of substantial completion of the ~rlisle Total Roofing System. See below for exact date of wa~anly expiration. The CaHisle To~l R~f~g System is defin~ as the following Carlisle brand materials: Membrane, Flashings, ~untedlashings, Adhesives and Sealant, Insulation, Recove~ Board, Fastenem, Fastener Plates, Fastener Strips, Hard Rubber or Meal Edging, Meal Te~ina[ion Bars, and any other Carlisle brand produc~ utiliZ~ in ~is installation. TERMS, CONDITIONS, LIMITATIONS CONT~N~ UNeER ANY THEORY O~ ~w. THIS WARRAN~ EXPIRES: FEBRUARY 02 ~ 2008 CARLISLE SYNTEC SYSTEMS DIVISION OF CARLISLE CORPORATION " AUTHORIZED SIGNATURE: TITLE: Director~ Technical ~errant~ Serui DATE OF ISSUE: FEBRUARY g~ ~ . SX - 9O62 Carlisle SynTec Systems SERIAL NO. TS TS150,58 REU.i CARLISLE TEN YEAR TOTAL ROOFING SYSTEM WARRANTY BUILDING OWNER: RIUER CLUB ASSOCIATES~ LLC, NAME OF BUILDING: EDGEWATER RESIDENTIAL PROD. 8LDG~5 AB~:980058N BUILDING ADDRESS: EDGEWATER~ NJ ,tS I/REU. 1 DATE OF COMPLETION OF THE CARLISLE TOTAL ROOFING SYSTEM: 1 O/1[;/97 DATE OF ACCEPTANCE BY CARLISLE: PEE~RUARY 03., 199B Cedisle SynTec Systems, Division et Carlisle Corporation (CARLISLE) warrants to the Building Owner (OWNER) of the above described building, that; subject to the terms, conditions and limitations staled in this warranty, Carlisle will repair any leak in the Carlisle Ten Year Total Roofing System (CARLISLE TOTAL ROOFING SYSTEM) installed by a Cadisle Authorized Roofing Appiicalor for a period of 10 years commencing with the date of Carlisle's acceptance of the Carlisle Total Roofing System installation. However, in no event shall Carlisle's obligations extend beyond 10.5 yeats subsequent to the date of substantial completion of the Carlisle Total Roofing System. See below for exact date of warranty expiration. The Carlisle Total Roofing System is defined as the following Carlisle brand matarials: Membrane, Flashings, Countedlashings, Adhesives and SeaLants, Insulation, Recovery Roard, Fasteners, Fastener Plates, Fastener Strips, Herd Rubber or Metal Edging, Metal Termination Bars, and any other Carfisle brand products utilized in ~[s insta[[afion. TERMS, CONDITIONS, LIMITATIONS INCIDENTAL CON UOUENTIAL OFl OTHER OAMAaES INCLUDING, Set NOT ~.IMI7 EO TO, LOSS OF PROFITS OR DAMAe~ TO THE BUILDING OR ITS CONTENTS UNDER ANY THEORY OF LAW. THIS WARRANTY EXpIRES: FEBRUARY 02~ 2008 CARLISLE SYNTEC SYSTEMS DIVISION OF CARLISLE CORPORATION By: .'1. Thomas Nettling AUTHORIZED SIGNATURE: TITLE: Di ~'ecto~' ~ Techn ice ] DATE OF ISSUE: FEBRUARY 0:~ · end. ranty 1998 SX-9062 Carlisle SynTec Systems SERIAL NO. TS TS1506c7 REU.i CARLISLE TEN YEAR TOTAL ROOFING SYSTEM WARRANTY BUILDiNG OWNER: RIUER CLUB ASSOCIATES, LLC. NAME OF BUILDING: EDGEWATER RESIDENTIAL PRO..]. BLDG:II:4 AB~CTB0059N BUILDING ADDRESS: EDGEI~ATER~ NJ 3S I/REU. 1 DATE OF COMPLETION OF THE CARLISLE TOTAL ROOFING SYSTEM: ). 0/~ 0/c) ~7 DATE OF ACCEPTANCE BY CARLISLE: FEBRUARY n5 ~ lc798 Carlisle SynTec Systems, Divisioe of Carliste Corporation (CARLISLE) warrants to the Building Owner (OWNER) of the above described building, that; subject to the terms, conditions and limitations stated in this warranty, Carlisle will repair any leak in the Carlisle Ten Year Total Roofing System (CARLISLE TOTAL ROOFING SYSTEM) installed by a Cadisle Authorized Rooting Applicator for a period of 10 years commencing with the date of Carlisle's acceptance of the Carlisle Total Roofing System instaflalion, However, in no event shaft Carlisle's obligations extend beyond 10.5 years subsequent to the date of substantial completion of the Carlisle Total Roofing System. See below Ior exact date of warranty expiration. The Carlisle Total Roofing System is defined as the following Carlisle brand materials: Membrane, Flashings, Counterflashings, Adhesives and Sealants, Insulation, Recovery Board, Fasteners, Fastener Plates, Fastener Strips. Hard Rubber or Metal Edging, Metal Termination Bars, and any other Carlisle brand products ufifized in this installation. TERMS, CONDITIONS, LIMITATIONS THIS WARRANTY EXPIRES: FEBRUARY 02 ~ 2008 CARLISLE SYNTEC SYSTEMS OIVISION OF CARLISLE CORPORATION By: ._]. Thomas Nettling AUTHORIZED SIGNATURE: TITLE: DirectorS Technical DATE OF ISSUE: FEBRUARY 0~ ~ rwices SX* 9062 ...................... Carlisle SynTec Systems Carlisle SynTe~ Systems SERIALNO. TS TSi86~8 REU.1 CARLISLE TEN YEAR TOTAL ROOFING SYSTEM WARRANTY BUILDING OWNER: RIUER CLUB ASSOCIATESj LLC. NAME OF BUILDING: EDGEI~ATER RESIDENTIAL PRO3ECT BLDG 5 AB~PB012~N BUILDING ADDRESS: EDGEWATER~ NJ JSI/REU. DATE OF COMPLETION OF THE CARLISLE TOTAL ROOFING SYSTEM: 02 DATE OF ACCEPTANCE BY CARLISLE: DECEMBER 11, Cadisle SynTec Systems, Division of Cadisle Corporation (CARLISLE) warrants to the Building Owner (OWNER) of the above described building, that; subject to the terms, conditions and limitations stated in this warranty, Carlisle will repair any leak in the Carlisle Ten Year Total Roofing System (CARLISLE TOTAL ROOFING SYSTEM) installed by a Cadisle Authorized Rooting Applicator for a period of 10 years commencing with the date of Carlisle's acceptance of the Carlisle Total Rooting System installation. However, in no event shall Carlisle's obligations extend beyond 10.5 years subsequent to the date of substantial completion of the Carlisle Total Roofing System. See below for exact date of warranty expiration. The Cadisle Total Roofing System is defined as the following Carlisle brand materials: Membrane, Flashings, Countedlashings, Adhesives and Sealants, Insulation, Recovery Board, Fasteners, Fastener Plates, Fastener Strips, Hard Rubber or Metal Edging, Metal Termination Bars, and any other Carlisle brand producls utilized in this ir stallatioo. TERMS, CONDITIONS, LIMITATIONS IHtSWARRANTYEXP~RES: AUGUST 84~, 2Q08 CARLISLE SYNTEC SYSTEMS DIVISION OF CARLISLE CORPORATION By: 3. Thomas Nett l AUTHORIZED SIGNATURE: TITLE: Director ~ Technical DATE OF ISSUE: DECEMBER i ~/~d Warranty Services S SX-9062 C rlisle SynTec Systems SERIAL NO. TS TS1885"'-) REt,). :* ' CARLISLE TEN YEAR TOTAL ROOFING SYSTEM WARRANTY BUILDING OWNER: RIUER CLUB RSSOCIC~TES~ LLC. · ,;': NAME OF BUILDING: EDGEbJRTER RESIDENTJRL PRO3. BLDG.S6 BUILDING ADDRESS: EDGEld~TER~ NJ DATE OF COMPLETION OF THE CARLISLE TOTAL ROOFING SYSTEM: DATE OF ACCEPTANCE BY CARLISLE: DECEIIBER 14 ~ Cadisle SynTec Systems, Division of Carlisle Co~poratioo (CARLISLE) warrants to the Building Owner (OWNER) of the above described building, that; subject to the terms, conditions and limitations stated in this warranty, Carlisle will repair any leak in the Carlisle Ten Year Total Reeling System (CARLISLE TOTAL ROOFING SYSTEM) installed by a Carlisle Authorized Rooting Applicator for a period of 10 years commencing with the date of Carlisle's acceptance of the Cadis[e Total Roofing System instaliaUon. However, in no event shall Carlisle's obligations extend · beyond 10.5 years subsequent to the date of substantia~ completion o! the Carlisle Total Roofing System. See below for exact date of warranty expiration. The Cartisle Total Rooting System is defined as the following Cadisle brand materials: Membrane, Flashings, Countefflashings, Adhesives and Sealants, insulations, Recovery Board, Fasteners, Fastener Plates, Fastener Stdps, Hard Rubber or Metal Edging, Metal Termination Bars, and any other Carlisle brand products utilized in this -.,... TERMS, CONDITIONS, LIMITATIONS THIS WARRANTY EXPtRES'. DECEFIBER ~.~ 2008 CARLISLE SYNTEC SYSTEMS DIVISION OF CARLISLE CORPORATION By* J. Thomss A~THORIZEO SIGNATURE: TITLE: Oirector'~ Technical/and Elsrrant~ DATEOFISSUE: DECEKIBER lzl~' SX*9Oe2 Carlisle SynTec Systems '?':.:~'~,i SERIAL NO. TS TS3. BB60 REU. 3. :i':~' i CARLISLE TEN YEAR TOTAL ROOFIN *: G: A S [DENT IAL' PROJ- BLDG. ~F AB:I~98063.4N BUILDING ADDRESS: EDGELIATER ~ NJ JS !/REU. 1 DATE OF COMPLETION OF THE CARLISLE TOTAL ROOFING SYSTEM: ~ ¢) /1 ~/'~ 8 DATE OF ACCEPTANCE BY CARLISLE: DECEMBER 14~ 3.998 Cadiste SynTec Systems, Division of Cadisle Corporation (CARLISLE) warrants to the Building Owner (OWNER) of the above described building, that; subject to the terms, conditions and limitations stated in this warranty, Carlisle will rep=ir any leak in the Carlisle Ten Year Total Roofing System (CARLISLE TOTAL ROOFING SYSTEM) installed by a Cedisle Authorized Roofing Applicator for a per~od or 10 years commencing with the date of Carlisle's eccept~nce o~ 1he Carlisle Total Roofing System installation. However, in no event shall Carlisle's obligations exlend beyond 10.5 years subsequent to the date of substanIial completion o! the Carlisle Total Roofing System. See below for exact d=te of warranty expiration. The Cadisle Total Roofing System is defined as the following Carlisle brand materials: Membrane, Flashings, Counledlashings, Adhesives and Sealants, Insulation, Recovery Board, Fasteners, Fastener Plates, Fastener Strips, Hard Rubber or Metal Edging, Metal Termination Bars, and any olher Cadisle brand producls utilized in this insta~[ation. TERMS, CONDITIONS, LIMITATIONS THIS WARRANTY EXPIRES. DECEMBER 13, 2008 I; CARLISLE SYNTEC SYSTEMS DIVISION OF CARLISLE CORPORATION By: ~]. Thomas Nettling AUTHORIZED SIGNATURE: TITLE: Oirector~ Technical DATE OF ISSUE: DECEMBER 14~ and ~J~rranty Services ~L998 '-- CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .' : : NO 02- : : CIVIL ACTION-LAW PLATO CONSTRUCTION GROUP, INC.,: Defendant : PRAECIPE TO FII,E SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Please accept this Substitute Verification in the above-referenced case on behalf of the Plaintiff, Carlisle SynTec Incorporated, sfo/rn/t Carlisle SynTec Systems, Division of Carlisle Corporation, executed by Jeffrey Caner, Specialist, Warranty Services., for Carlisle SynTec Incorporated, s/b/rrdt Carlisle SynTec Systems, Division of Carlisle Corporation. Date: O'BRIEN, BARIC & SCH~R David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 .,RATIFICATION/VERIFICATION I verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. This Ratification/Verification is signed by Jeffrey Carter, Specialist, Warranty Services, for Carlisle SynTec Incorporated, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. Dated: ~ ~'~, ~,3 ff_J Jeffrey Carter Specialist, Warranty Services CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : . :NO : CIVIL ACTION-LAW PLATO CONSTRUCTION GROUP, INC.,: Defendant : .CERTIFICATION OF SERVICE I hereby certify that on August 28, 2002, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of the Praecipe to File Substitute Verification by first class U.S. mail, postage prepaid, to the party listed below, as follows: Plato Construction Group, Inc. 1420 Ninth Avenue Suite B Neptune, New Jersey 07753 David A. Baric, Esquire Attorney for Plaintiff Date: August Z~'-, 2002 dab/litigation/carlislesyntec/plato/certificate.ser John A. Adams, Esquire Attorney I.D. No. 79330 McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240 - Executive Terrace 455 South Gulph Rd. King of Prussia, PA 19406 c~LE SYNTEC iNCORPORATED S/b/mit Carlisle SynTec Systems Division of Carlisle Corporation Plaintiff PLATO CONSTRUCTION GROUP, INC. Defendant Court of Common Please Cumberland County Civil Action - Law No. 02-3988 ENTRY OF APPEARANCE_ To the Prothonotary: Kindly enter my appearance on behalf of Plato Construction Group, Inc., the defendant in the above-captioned matter. By: McA, l,eese, McGoldrick, Susanin & Widman, P.C. Jol~ A. Adams S~te 240 - Executive Terrace 455 South Gulph Rd. King of Prussia, PA 19406 (610)337-4510 Attorney for Defendant Plato Construction Group, Inc. CERTIFICATE OF SERVICE I, John A. Adams, counsel for Defendant Plato Construction Group, Inc., hereby certify that I caused a true and correct copy of the foregoing Entry of Appearance to be served by first class United States mail, postage prepaid on the 17th day of September, 2002, on the following: David A. Baric, Esquire 17 West South Street Carlisle, PA 17013 3n A. Adams Notice - Please be advised that you have twenty (20) days to answer the new matters raised herein from service thereof, or a default judgment may be entered against you. John A. Adams (I.D. No. 79330) McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240 - Executive Terrace 455 S. Gulph Road King of Prussia, PA 19406 (610) 337-4510 Attorneys for Defendant Plato Construction Group, Inc. CARLISLE SYNTEC INC. Plaintiff, V. PLATO CONSTRUCTION GROUP, INC Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY Civil Action - Law No. 02-3988 ANSWER AND NEW MATTERS OF DEFENDANT PLATO CONSTRUCTION GROUP~ INC Defendant Plato Construction Group, Inc. ("Plato"), by its attorneys, hereby answers and asserts new matters to Plaintiff's Complaint in the above-captioned matter, in accordance with the numbered paragraphs thereof, as set forth below: 1. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 1, and therefore, the allegations in paragraph 1 are denied. 2. Plato is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 2, and therefore, the allegations in paragraph 2 are denied. 3. Admitted. 4. Plato is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 4, and therefore, the allegations in paragraph 4 are denied. 5. Admitted except Plato's President, Gary Uyeyama, is improperly denominated in the Complaint as Gary Uyemyama. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Plato admits that Plaintiff attached copies of Inspection Report/Repair for Warranty forms, that Gary Uyeyama's signature is on several such forms, and that printed on such forms is the language set forth in quotes in paragraph 11. The remaining allegations are denied including any legal significance to said language set forth in quotes as conclusions of law to which no responsive pleading is required. Plato specifically denies that it made any representations by signing several of said forms other than representing that it was the "Attending Roofer" at Plaintiff's inspection. By way of further response, the forms speak for themselves. 12. Plato admits that Warranty Forms are attached to the Complaint. Defendant is without information or knowledge sufficient to form a belief regarding the remaining allegations in paragraph 12, and therefore, the remaining allegations in paragraph 12 are denied. Plaintiff specifically denies any legal significance of said Warranty Forms. By way of further response, the Warranty Forms speak for themselves. 13. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 13, and therefore, the allegations in paragraph 13 are denied. 14. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 14, and therefore, the allegations in paragraph 14 are denied. 15. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 15, and therefore, the allegations in paragraph 15 are denied. 16. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 16, and therefore, the allegations in paragraph 16 are denied. 17. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 17, and therefore, the allegations in paragraph 17 are denied. 18. belief regarding the allegations paragraph 18 are denied. 19. Denied. Defendant is without information or knowledge sufficient to form a in paragraph 18, and therefore, the allegations in To the contrary, Carlisle did not inform Plato of the need paragraph 24, but denies any legal significance thereof as which no responsive pleading is required. The remaining By way of further response, the Applicator Agreement speaks set forth in quotes in conclusions of law to allegations are denied. for itself. for any such repairs as required by the Roofing Applicator Agreement. Moreover, Plato never refused to make any such repairs. 20. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 20, and therefore, the allegations in paragraph 20 are denied. 21. Plato admits that the Applicator Agreement contains the language set forth in quotes in paragraph 15, but denies any legal significance as conclusions of law to which no responsive pleading is required. The remaining allegations are denied. By way of further response, the Applicator Agreement speaks for itself. 22. Admitted. COUNT 1 - Breach of Contract 23. The answers to paragraphs 1 through 22 of the Complaint set forth above are incorporated herein by reference as if set forth fully in their entirety. 24. Plato admits that the Applicator Agreement contains the language 25. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the allegations of this paragraph are denied. 26. Defendant is without information or knowledge sufficient to form a belief regarding the allegations of the installation and replacement of the pourable sealer pockets, and therefore, those allegations are denied. The remaining allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the remaining allegations of this paragraph are denied. 27. Plato admits that the Applicator Agreement contains the language set forth in quotes in paragraph 27, but denies any legal significance thereof as conclusions of law to which no responsive pleading is required. The remaining allegations are denied. By way of further response, the Applicator Agreement speaks for itself. 28. Plato admits that Plaintiff, after the repairs were completed and without giving Plato the opportunity to make such repairs as required by the Applicator Agreement, requested Plato to pay for certain repair work on the pourable sealer pockets. The remaining allegations are denied. 29. Plato admits that it refused to pay for said repairs. The remaining allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the remaining allegations of this paragraph are denied. By way of further response, Plaintiff breached the Applicator Agreement by not requesting Plato to make such repairs and therefore is not entitled to payment for any such repairs. Moreover, the repairs on the pourable sealer pockets were outside of the two year repair period in the Applicator Agreement. 30. Denied. To the contrary, Plaintiff breached the agreement. WHEREFORE, Defendant prays that this court will enter judgment against the Plaintiff and in favor of the Defendant in Count I, and deny the Plaintiff the relief requested in Count I. COUNT II - Neqliqenc- 31. The answers to paragraphs 1 through 30 of the Complaint set forth above are incorporated herein by reference as if set forth fully in their entirety. 32. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the allegations of this paragraph are denied. 33. Plato admits that it was aware that Carlisle would issue a warranty to the owner of the Edgewater Residential Project. Plato is without information or knowledge sufficient to form a belief regarding the allegations of Carlisle's requirement to make repairs, and therefore, those allegations are denied. Plato denies that it was aware of the specifics of the Warrenty. The remaining allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the remaining allegations of this paragraph are denied. 34. Plato is without information or knowledge sufficient to form a belief regarding the allegations of installation of the pourable sealer pockets, and therefore, those allegations are denied. The remaining allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the remaining allegations of this paragraph are denied. 35. Plato is without information or knowledge sufficient to form a belief regarding the allegations of installation of the pourable sealer pockets, and therefore, those allegations are denied. The remaining allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the remaining allegations of this paragraph are denied. By way of further response, Plato specifically denies that it owes Plaintiff any money damages. WHEREFORE, Defendant prays that this court will enter judgment against the Plaintiff and in favor of the Defendant in Count II, and deny the Plaintiff the relief requested in Count II. NEW MATTERS 36. Plato hereby incorporates by reference the answers to paragraphs 1 through 35 of the Complaint as if set forth in their entirety as averments herein. 37. Count I fails to state a claim for which relief can be granted. 38. Count II fails to state a claim for which relief can be granted. 39. The claims alleged by Plaintiff in Count I and/or Count II are void, voidable and/or unenforceable because Plato was not in privity of contract with Plaintiff. 40. Count I is barred by the applicable statute of limitations. 41. Count II is barred by the applicable statute of limitations. 42. Plato was not negligent. 43. Plato did not breach any contract or duty to Plaintiff. 44. The claims against Plato are barred and/or estopped in whole or in part because of the actions and/or conduct of the owner of the Edgewater Residential Project, Plaintiff, Guymar Construction Company, the company that allegedly made repairs on the pourable sealer pockets, and/or some other unknown person or entity. 45. Plato performed each and every duty, if any, owed to Plaintiff. 46. The claims against Plato are barred in whole or in part because the owner of the Edgewater Residential Project and/or Plaintiff failed to mitigate damages. The claims against Plato are barred in whole or in part by the 47. doctrine of laches, 48. The claims against Plato are barred in whole or in part by the Applicatory Agreement and/or other contracts or subcontract agreements. 49. The claims against Plato are barred in whole or in part by estoppel or waiver. 50. The damages allegedly suffered by the Plaintiff, if any, are due to the actions or inactions of the owner of the Edgewater Residential Project, Plaintiff, Guymar Construction Company, the company that allegedly made repairs on the pourable sealer pockets, and/or some other presently unknown person or entity, and they are to provide contribution to Plato for any damages awarded. 51. The claims against Plato are barred in whole or in part because Plaintiff failed to comply with the terms of the Applicator Agreement, its representations to Plaintiff regarding repairs, and/or contracts or subcontract agreements regarding repairs. 52. Plaintiff breached the Applicator Agreement. 53. Plaintiff or an agent of pourable sealer pockets. The claims against Plato are barred in whole or in part because Plaintiff destroyed the allegedly faulty 54. At the time that said pourable sealer pockets were destroyed, Carlisle knew or should have known that litigation was possible against Plato regarding the pourable sealer pockets. 55. Prior to the time or at the time that the pourable sealer pockets were destroyed, Plaintiff had not given Plato the opportunity to inspect and/or gather evidence regarding said pourable sealer pockets. 56. Plaintiff's claims against Plato are barred in whole or in part by the doctrine of spoliation of evidence. WHEREFORE, Defendant prays that this court will enter judgment against the Plaintiff and in favor of the Defendant in Counts I and II, and deny the Plaintiff the relief requested in Counts I and II. Respectfully submitted, ~""~ms (I.D. No. 7933-0) ~cAleese, McGoldrick, Susanin & Widman, P.C. Suite 240 - Executive Terrace 455 South Gulph Road King of Prussia, PA 19104 (610) 337-4510 Attorneys for Defendant Plato Construction Group, Inc. 18 O2 FAX 0103374531 ~]012 VERIFICATION I hereby certify that I am the President of Defendant P~ato Construction Group, Inc. I verify that the factual statements made in Defendant's Answer anti New Matters to Plaintiff's Complaint are true and correct to the best of my knowledge, information and belief. I understand that this statement is subject to the penalties of 18 Pa. Stat.Ann. Section 4904 relating to unsworn falsifications to authorities. Date: CERTIFICATE OF SERVICF I, John A. Adams, hereby certify that a true and correct copy of Defendant's Answer and New Matters was served by first-class United States mail, postage prepaid ,/ on the .L~_'~day of September 2002 on the following: David Baric, Esquire 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V PLATO CONSTRUCTION GROUP, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . : NO. 02-3988 : : CIVIL ACTION-LAW : REPLY TO NEW MATTER AND NOW, comes Carlisle SynTec Incorporated ("Carlisle"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Reply to New Matter and, in support thereof, sets forth the following: 36. Carlisle incorporates by reference paragraphs one through thirty-five of its complaint as though set forth at length. 37. This averment constitutes a conclusion of law to which no response is required. To the extent a response may be required, the averment is denied. 38. This averment constitutes a conclusion of law to which no response is required. To the extent a response may be required, the averment is denied. 39. Denied. To the contrary, Plato was in privity with Carlisle by virtue of the Authorized Roofing Applicator Agreement executed by the parties. 40. This ave,ment constitutes a conclusion of law to which no response is required. To the extent a response may be required, the averment is denied. 41. This averment constitutes a conclusion of law to which no response is required. To the extent a response may be required, the averment is denied. 42. Denied. To the contrary, Plato was negligent. Carlisle incorporates by reference paragraph 34 of its complaint as though set forth at length. 43. Denied. To the contrary, Plato breached the Authorized Roofing Applicator Agreement executed by the parties. Carlisle incorporates by reference paragraphs 24 through 30 as though set forth at length. 44. To the extent these averments constitute conclusions of law, no response is required. To the extent a response may be required, it is denied that the action or actions of any other individual or entity bars or estoppe the claims against Plato. 45. Denied. To the contrary, Plato breached its duties to Carlisle. Carlisle incorporates by reference paragraphs 32 through 35 of its complaint as though set forth at length. 46. Denied. To the contrary, there was no failure to mitigate by any individual or entity which would bar any claim against Plato. 47. To the extent these averments constitute a conclusion of law, no response is required, to the extent a response may be required, the avemtents are denied. 48. Denied. To the contrary, the Authorized Applicator Agreement executed by the parties does not bar the claims asserted by Carlisle and there are no other contracts or subcontract agreements of which Carlisle is aware which would bar the claims asserted. 49. To the extent these averments constitute conclusions of law, no response is required. To the extent a response may be required, the averments are denied. 50. Denied. To the contrary, the damages are the direct and proximate result of acts and omissions of Plato. 51. Denied. Carlisle fulfilled all of its obligations established under and pursuant to the Authorized Roofing Applicator Agreement executed by the parties. After reasonable investigation, Carlisle is without knowledge or information sufficient to form a belief as to the remaining averments and they are, therefore, denied. 52. Denied. To the contrary, Carlisle fulfilled ail of its obligations established under and pursuant to the Authorized Roofing Applicator Agreement. 53. Denied. Carlisle repaired the failing pourable sealer pockets which were permitting water to enter the building under and pursuant to the express warranty it had provided to the building owner. Moreover, Plato was notified of the failing pourable seaier pockets and was asked to investigate the condition prior to repair. 54. Denied. To the contrary, Carlisle had a duty to repair the failing pourable sealer pockets which were permitting water to enter the building pursuant to the express warranty it had provided to the building owner. Moreover, Plato was notified of the failing pourable sealer pockets and was asked to investigate the condition prior to repair. 55. Denied. To the contrary, Plato had the right to access the roof to inspect the condition of the roof and its components at any time. Moreover, Plato was notified of the failing pourable sealer pockets and was asked to investigate the condition prior to repair. 56. To the extent these averments constitute conclusions of law, no response is required, to the extent a response may be required, the averments are denied. WHEREFORE, Plaintiff requests judgment in its favor and against Plato Construction Group, Inc. in accordance with Plaintiff's complaint. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/carl, syn/plato/newmatter, rep VERIFICATION The statements in the foregoing REPLY TO NEW MATTER are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsifications to authorities. Specialist, Warranty Services Dated: DAB/Litigation/CarlisleSynTec/PlatofNewMatter CERTIFICATE OF SERVICE I hereby certify that on October ___~, 2002, I, David A. Baxic, Esquire, of O'Brien, Baric & Scherer, did serve a copy of Reply To New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Baxic, Esquire SHERIFF'S RETURN - CASE NO: 2002-03988 p COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CARLISLE SYNTEC INCORPORATED VS. PLATo CONSTRUCTION INC U.S. CERTIFIED MAIL R. Thomas Kline Sheriff __ of Cumberland County, Pennsylvania, who being duly SWorn according to law served the within named DEFENDANT ,PLATO CONSTRUCTION GROUP INC prepaid, 1420 NINTH AVENUE SUITE B NEPTUNE, NJ 07753 and attested copy of the attached COMPLAINT & NOTICE with by United States Certified Mail postage on the 2__2n~ day of Au~us~ ,2~002 at ~00_0:0~00 HOURS, at a true Together receipt card was ~8/~6/2~0002 signed by JANET SMILIOS The returned on Additional Comments: Sheriff,s Costs: Docketing 18 00 Cert Mail ' Affidavit 6.49 .00 Surcharge 10.00 .00 34.49 Sheriff of Cumberland County Paid by OBRIEN BARIC SCHERER Sworn and subscribed to before me this ~2~ ~ on 09/04/2002 ,2, end 3. Also complete item 4 if Restricted Delivery ia desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Plato Construction Group, 1420 Ninth Avenue suite B Neptune, NJ 07753 Inc. 2 7001 2510 0009 1017 8398 [] Agent [] Addresse s delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type X~ Certified Mall [] Express Mail [] Registered [] Return Receipt for Merchandis [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 02-3988 civ PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-0~ CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V PLATO CONSTRUCTION GROUP, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3988 CIVIL TERM : : CIVIL ACTION-LAW PETITION FOR LEAVE TO FILE .AMENDED COMPLAINT PURSUANT TO PaR. C.P. 103J NOW, comes Plaintiff, Carlisle SynTec Incorporated ("Carlisle"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Petition for Leave to File an Amended Complaint and, in support thereof, sets forth the following: 1. Plaintiff initiated this action by the filing of a complaint on August 21, 2002. 2. Defendant filed an Answer and New Matter to the complaint on or about September 19, 2002. 3. Plaintiff filed a Reply to the New Matter of Defendant on October 2, 2002. 4. In the complaint, Plaintiff contends that the Defendant improperly installed materials supplied by the Plaintiff on a roofing system for a project known as Edgewater Residential located in Edgewater, New Jersey. In particular, Carlisle contends that the Defendant installed sand in roofing components known as pourable sealer pockets instead of following the required installation specifications which required that the pourable sealer pockets be completely filled with Carlisle's poumble sealer product. 5. Since the filing of the complaint, Plaintiff has discovered that the Defendant employed the same improper installation practice on a project known as The Curling Club located in Hoboken, New Jersey. 6. Carlisle issued express written warranties to the building owners for the Edgewater Residential and The Curling Club projects. Carlisle is obligated pursuant to those warranties to remove and replace the pourable sealer pockets on the roof systems which were improperly installed by the Defendant. 7. Carlisle has served interrogatories and document requests on the Defendant which have not been answered to the date hereof. No other discovery has taken place in this matter. 8. The issues and facts presented by both projects will be similar, and, judicial economy will result from an amendment of the complaint to include The Curling Club project. WHEREFORE, Plaintiff requests that this Court issue an order granting Plaintiff leave to file an Amended Complaint to include The Curling Club project. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff da b.dir/litigation/ca rl.syn/plato/leave, pet VERIFICATION The statemvnts in the foregoing Petition For Leave To File Amended Con,plaint Pursuant Yo Pa.P~C.P 1033 arc based upon infonnation which has been assembled by rny attorney in this litiga~on~ The language of thc statements is not my own. I have read thc statements: and to thc extent ~la! they arc based upon information which ! have given ~c my counset, they are true and correct to the best of my knowledge, information and belief. I understand that false s~temems herein are made subject to thc penalties of 18 P~.C.$. § 4904 rcta~ing to unsworn ~Msifi¢~tions to authorities. Specialist, Warran .ty Services CERTIFICATE OF SERVICE I hereby certify that on October 29, 2002, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of Petition For Leave To File Amended Complaint Pursuant To Pa.R.C.P. 1033, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McOoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Baric, Esquire CARLISLE SYNTEC INCORPORATED, s/b/mit Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : . : NO. 02-3988 CIVIL TERM : : CIVIL ACTION-LAW PLATO CONSTRUCTION GROUP, 1NC.,: Defendant : AND NOW, this RULE TO SHOW CAUSE _, a Rule is issued upon Defendant to show cause, if any there be, why Leave to File an Amended Complaint should not be granted. Rule returnable days from servi~~to Show Cause. Jo CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V PLATO CONSTRUCTION GROUP, INC., Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3988 CIVIL TERM · CIVIL ACTION-LAW MOTION TO MAKE RULE ABSOLUTE NOW, comes Carlisle SynTec Incorporated ("Carlisle"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Motion to Make Rule Absolute and, in support thereof, sets forth the following: 1. On October 29, 2002, Carlisle filed a Petition for Leave to File Amended Complaint Pursuant to Pa.R.C.P. 1033 in this matter. A true and correct copy of the Petition is attached hereto as Exhibit "A" and is incorporated. 2. On November 5, 2002, this Court, Guido, J., issued a Rule to Show Cause why leave to file an amended complaint should not be granted. A true and correct copy of the Order is attached hereto as Exhibit "B" and is incorporated. 3. To January 30, 2003, no response has been filed to the Rule to Show Cause by Defendant. WHEREFORE, Carlisle respectfully requests that the Rule to Show Cause be made absolute and an Order be entered permitting Carlisle to file an Amended Complaint in this matter. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6.873 Attorney for Plaintiff, Carlisle SynTec Incorporated dab.dir/litigation/carl, syn/plato/absolute.mot CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 02-3988 CIVIL TERM : : CIVIL ACTION-LAW PLATO CONSTRUCTION GROUP, INC.,: Defendant · RULE TO SHOW CAUSE AND NOW, this day of , a Rule is issued upon Defendant to show cause, if any there be, why Leave to File an Amended Complaint should not be granted. Rule returnable days from service of this Rule to Show Cause. BY THE COURT, Jo EXHIBIT "A" CARLISLE SYNTEC INCORPORATED, : s/b/m/t Carlisle SynTec Systems, Division : of Carlisle Corporation, : Plaintiff, : V : PLATO CONSTRUCTION GROUP, INC.,: Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3988 CIVIL TERM CIVIL ACTION-LAW PETITION FOR LEAVE TO FII,E AMENDED COMPLAINT PURSUANT TO PaR.C.P. 1033 NOW, comes Plaintiff, Carlisle SynTec Incorporated ("Carlisle"), by and ~igh attorneyS, O'BRIEN, BARIC & SCHERER, and files the within Petition for Leave to-File Amended Complaint and, in support thereof, sets forth the follow~ng: 1. Plaintiff initiated this action by the filing of a complaint on August 21, 2002. 2. Defendant filed an Answer and New Matter to the comPlaint on or about September 19, 2002. 3. Plaintiff filed a Reply to the New Matter of Defendant on October 2, 2002. 4. In the complaint, Plaintiff contends that the Defendant improperly installed materials supplied by the Plaintiff on a roofing system for a project known as Edgewater Residential located in Edgewater, New Jersey. In particular, Carlisle contends that the Defendant installed sand in roofing components known as pourable sealer pockets instead of following the required installation specifications which required that the pourable sealer pockets be completely filled with Carlisle's pourable sealer product. 5. Since the filing of the complaint, Plaintiff has discovered that the Defendant employed the same improper installation practice on a project known as The Curling Club located in Hoboken, New Jersey. 6. Carlisle issued express written warranties to the building owners for the Edgewater Residential and The Curling Club projects. Carlisle is: obligated pursuant to those warranties to remove and replace the pourable sealer pockets on the roof systems which were improperly installed by the Defendant. 7. Carlisle has served interrogatories and document requests on the Defendant which have not been answered to the date hereof. No other discovery has taken place in this matter. 8. The issues and facts presented by both projects will be similar, and, judicial economy will result from an amendment of the complaint to include The Curling Club project. WHEREFORE, Plaintiff requests that this Court issue an order granting Plaintiff leave to file an Amended Complaint to include The Curling Club project. Respectfully submitted, O'BRIEN, BARIC & SCI-tJSRER David A. Baric, Esquire I.D. it 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/litigation/carl.syn/plato/leave.pet VERIFICATION The statement~ in the foregoing Petition For Leave To File Amended Complaint Pursuant To Pa.R.C.P. 1033 are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I haw~' read the statements; and to the extent that they are basgd upon information which I have given to my counsel, they are tree and con'~¢t to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. ~ CERTIFICATE OF SERVICE. I hereby certify that on October 29, 2002, I, David A. B~r~ic, Esquire, of O'Bricn, Baric & Scherer, did serve a copy of Petition For Leave To File Amended Complaint Pursuant To Pa.P~.C.P. 1033, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Adams, Esquire McAlcese, McGoldrick, Susanin & Widman, P.C. Suite 240~Executive Terrace 455 South Gulph l~oad King Of Prussia, Pennsylvania 1 David A. Baric, Esquire CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V : IN THE COURT OF COMMON PLEAS OF : CUMBERLAdqD COUNTY, PENNSYLVANIA : NO. 02-3988 CIVIL TERM : : CIVIL ACTION-LAW PLATO CONSTRUCTI°N OROUP, INC., ' Defendant · AND NOW, this Rtm~ TO snow CAUSE~.O 0~. %of Defendant to shoTM cause, if any there be, why Leave to File an Amended Complaint should not be granted.. Rule returnable days from serviceB;~.~~,~i~q~m~°. Show Cause. Jo EXHIBIT "B" I'~RUE COPY FROM RECORD In T',,~lmofly whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. rhis ¢~ day ofXZ,,~z,J~., ~ CERTIFICATE OF SERVICE. I hereby certify that on February ~' , 2003, I, David A. Badc, Esquire, of O'Brien, Badc & Scherer, did serve a copy of Motion To Make Rule Absolute., by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Bade, Esquire CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V PLATO CONSTRUCTION GROUP, INC., Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3988 CIVIL TERM · CIVIL ACTION-LAW ORDER OF COURT AND NOW, this ~[~ day of F~ ,2003, upon review of the attached Motion To Make Rule Absolute, it is hereby ordered and decreed that the Plaintiff, Carlisle SynTec Incorporated is permitted to file an Amended Complaint· Jo CARLISLE SYNTEC INCORPORATED, s/b/rn/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V PLATO CONSTRUCTION GROUP, INC., Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3988 CIVIL TERM : · CIVIL ACTION-LAW ; NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone Number (717) 249-3166 CARLISLE SYNTEC INCORPORATED, s/b/rn/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V PLATO CONSTRUCTION GROUP, INC., Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3988 CIVIL TERM : · CIVIL ACTION-LAW AMENDED COMPLAINT NOW, comes Carlisle SynTec Incorporated ("Carlisle"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Amended Complaint and, in support thereof, sets forth the following: 1. Carlisle SynTec Incorporated is a Delaware corporation with its principal place of business located at 1285 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 2. Carlisle SynTec Incorporated is the successor to Carlisle SynTec Systems, Division of Carlisle Corporation. 3. Plato Construction Group, Inc. ("Plato") is a Nexv Jersey corporation with its principal place of business located at 1420 Ninth Avenue, Suite B, Neptune, New Jersey. 4. Carlisle is in the business of manufacturing and marketing of construction materials including single-ply EPDM rubber roofing membranes and accessories. 5. In 1996, Plato, by its president, Gary Uyemyama, requested to become an installer or applicator for Carlisle single-ply rubber roofing membranes. 6. In connection with becoming an installer of Carlisle rubber roofing membranes, Plato executed an Authorized Roofing Applicator Agreement. A true and correct copy of the Applicator Agreement executed by Plato is attached hereto as Exhibit "A" and is incorporated. 7. Carlisle issues and supplies to Applicators instructions for the installation of Carlisle membrane roofing systems. These instructions are referred to as specifications and details. Carlisle's specifications and details applicable to the creation ofpourable sealer pockets are attached hereto as Exhibit "B" and are incorporated. 8. In 1998, Plato informed Carlisle that Plato intended to install Carlisle membrane roofing systems on several buildings known collectively as the Edgewater Residential Project located in Edgewater, New Jersey. 9. Plato installed Carlisle membrane and roofing accessory products on the Edgewater Residential Project. At the conclusion of installation, Plato called upon Carlisle to inspect the completed roofing systems. 10. Carlisle inspected the roofing systems and issued an Inspection Report/Repair for Warranty document to Plato for each of the buildings. True and correct copies of the Inspection Report/Repair for Warranty documents are attached hereto as Exhibit "C" and are incorporated. 11. Gary Uyeyama signed and returned several copies of the Inspection Report/Repair for Warranty documents representing the following: "I hereby represent, with full intention that Carlisle justifiably rely hereupon in the issuance of its warranty, that the project described above now conforms in its entirety with all Carlisle specifications, details and installation instructions." True and correct copies of these signed Inspection Report/Repair for Warranty documents are attached hereto as Exhibit "D" and are incorporated. 2 12. On or about March 23, 1998, Carlisle issued to the owner of the Edgewater Residential Project express written warranties, which warranties were for a period of ten (10) years. True and correct copies of the express written warranties issued by Carlisle to the building owner are attached hereto as Exhibit "E" and are incorporated. 13. In late 2001, Carlisle was notified by the building owner that leaks were occurring at the Edgewater Residential Project. Pursuant to the express warranties, Carlisle retained Guymar Construction Co., Inc. to investigate the roofing systems. 14. On or about January 29, 2002, Guymar Construction Co., Inc. reported to Carlisle that pourable sealer pockets on the roofing systems had not been installed in accordance with Carlisle's specifications and details. More particularly, these pourable sealer pockets had been installed by filling these pockets with several inches of sand and then a thin layer of pourable sealer had been placed over the sand. 15. In March, 1999, Plato informed Carlisle that Plato had or was about to install Carlisle membrane roofing systems on several buildings known collectively as The Curling Club located in Hoboken, New Jersey. 16. Plato installed Carlisle membrane and roofing accessory products on the The Curling Club. At the conclusion of the installation, Plato called upon Carlisle to inspect the completed roofing systems. 17. Carlisle inspected the roofing systems and issued an Inspection Report/Repair for Warranty document to Plato for each of the buildings. True and correct copies of the Inspection Report/Repair for Warranty documents are attached hereto as Exhibit "F" and are incorporated. 3 18. Gary Uyeyama signed and returned several copies of the Inspection Report/Repair for Warranty documents representing the following: "I hereby represent, with full intention that Carlisle justifiably rely hereupon in the issuance of its warranty, that the project described above now conforms in its entirety with all Carlisle specifications, details and installation instructions." True and correct copies of these signed Inspection Report/Repair for Warranty documents are attached hereto as Exhibit "G" and are incorporated. 19. On or about December 15, 1999, Carlisle issued to the owner of The Curling Club express written warranties, which warranties were for a period of fifteen (15) years. True and correct copies of the express written warranties issued by Carlisle to the building owner are attached hereto as Exhibit "H" and are incorporated. 20. In the summer of 2002, Carlisle was notified that the pourable sealer pockets on The Curling Club did not appear to have been installed in conformance with Carlisle's specifications, details and installation instructions. 21. Pursuant to the express warranties, Carlisle investigated the roofing systems on The Curling Club in September, 2002. 22. In the course of its investigation, Carlisle discovered that the pourable sealer pockets on The Curling Club had been installed by Plato by filling the pockets with several inches of sand and then placing a thin layer of pourable sealer over the sand. 23. As a consequence of the method of installation of the pourable sealer pockets by Plato on The Curling Club, the thin layer ofpourable sealer placed over the sand was starting to split or break away from the collar of the pockets permitting the entry of water. Moreover, several of the pockets had failed permitting water entry. 4 24. On The Curling Club project, there were 151 pourable sealer pockets which had been improperly installed by Plato. 25. As of the time of the original installation of the roofing systems by Plato for the Edgewater Residential Project and The Curling Club, Carlisle required that pourable sealer pockets be filled completely with Carlisle's pourable sealer product. Carlisle has never permitted the installation of sand in pourable sealer pockets. 26. As a consequence of the method of installation of the pourable sealer pockets by Plato on the Edgewater Residential project, the thin layer ofpourable sealer placed over the sand had begun to crack permitting the infiltration of water into the buildings. The infiltration of water into the pourable sealer pockets had damaged the membrane, insulation and wood deck beneath the pourable sealer pockets. 27. On the Edgewater Residential Project, there were 465 pourable sealer pockets which had been improperly installed by Plato. 28. The only method to repair the improperly installed pourable sealer pockets is to remove the sand and install new pourable sealer pockets. 29. Carlisle demanded that Plato repair the pourable sealer pockets for both the Edgewater Residential and Curling Club projects. Plato refused to make the required repairs. 30. Carlisle requested bids from Applicators and had all of the pourable sealer pockets on the Edgewater Residential Project replaced at a total cost of $43,991.00 which included $25,600.00 in labor charges and $18,391.00 in materials. 31. Carlisle has requested bids from Applicators for the replacement of the pourable sealer pockets on The Curling Club. The replacement cost will be $29,976.00, which includes a labor charge of $14,976.00 and $15,000.00 in materials. 32. The Applicator Agreement provides as follows: 15. Gove~n___~ Law This Agreement shall be construed under the law of, and by the courts of, the Commonwealth of Pennsylvania, and if any provision hereof shall be adjudged to contravene any applicable law, the parties agree to remain bound to all of the remaining provisions. 33. While a Carlisle Applicator, Plato placed orders at the Carlisle offices located in Carlisle, Pennsylvania; invoices for product sold to Plato were prepared from the same offices; the parties communicated through correspondence and telephone from and to the Carlisle offices in Carlisle, Pennsylvania and Plato employees attended meetings in Carlisle, Pennsylvania. COUNT I BREACH OF CONTRACT CARLISLE SYNTEC INCORPORATED v. PLATO CONSTRUCTION GROUP, INC. 34. Paragraphs one through thirty-three are incorporated herein by reference as though set forth at length. 35. The Applicator Agreement required Plato to do the following: 2. (f) Follow all Roofing Systems specifications, details, installation instructions and procedures as furnished in writing by Carlisle from time to time. Applicator shall inquire about any updates or revisions regarding Roofing Systems before beginning any roofing project. 36. Plato breached the Applicator Agreement by failing to install the pourable sealer pockets on the Edgewater Residential Project and The Curling Club in conformity with the specifications, details and installation instructions of Carlisle applicable to the roofing systems installed. 37. As a direct and proximate result of the failure of Plato to install the pourable sealer pockets properly, Carlisle was required to replace all of the pourable sealer pockets on the Edgewater Residential Project and will replace the pourable sealer pockets on The Curling Club. 38. The Applicator Agreement provides as follows: 10. .Indemnification (a) Applicator agrees to indemnify, pay for the defense of and save Carlisle harmless from any and all damages, including harm to Applicator's employees, losses or expenses including attorney's fees, direct or indirect, including settlement of any claim subject to Applicator's approval which approval shall not be unreasonably withheld, which Carlisle may be subjected to because of Applicator's negligence or failure to perform any term or condition of this Agreement. Carlisle shall not be obligated to appeal any judgement which would impose liability on Applicator. 39. Demand has been made upon Plato to indemnify Carlisle for costs incurred to repair the pourable sealer pockets improperly installed by Plato. 40. Plato has refused to indemnify Carlisle for the costs incurred. 41. Plato has breached the Applicator Agreement by refusing to indemnify Carlisle for the losses incurred. WHEREFORE, Carlisle requests judgment in its favor and against Plato for the following: (a) (b) (c) 42. length. 43. the sum of $73,967.00; interest, costs and expenses; and attorney fees. COUNT II-NEGLIGENCE CARLISLE SYNTEC INCORPORATED v. PLATO CONSTRUCTION GROUP, INC. Paragraphs one through forty-one are incorporated herein as though set forth at Plato owed a duty to Carlisle to install Carlisle products in a workmanlike manner and in accordance with generally accepted roofing practices. 44. Plato was aware that Carlisle would be issuing express written warranties to the owners of the Edgewater Residential Project and The Curling Club, which warranties would require Carlisle to make repairs to Carlisle products which failed as a consequence of improper installation by Plato. 45. Plato breached its duties to Carlisle, which breaches include, but are not limited to, the following: (a) representing to Carlisle that the pourable sealer pockets on the projects were installed in accordance with Carlisle's specifications and details when they were not; (b) placing sand into the bottoms of the pourable sealer pockets and placing only a thin coating ofpourable sealer material over the top of the sand, which resulted in cracking of the thin layer of pourable sealer material; (c) failing to install the pourable sealer pockets in a manner consistent with accepted roofing standards; (d) failing to disclose to Carlisle the method employed by Plato to install the pourable sealer pockets; (e) installing the pourable sealer pockets in such a manner that they would not remain watertight; (f) and otherwise failing to fulfill its duty to Carlisle. 46. As a direct and proximate result of the negligence of Plato, Carlisle has incurred the following damages: $43,991.00 to replace the pourable sealer pockets, replace damaged insulation and repair damaged roof decking on the Edgewater Residential Project and the estimated expense of $29,976.00 to replace the pourable sealer pockets on The Curling Club. WHEREFORE, Carlisle requests judgment in its favor and against Plato Construction Group, Inc. for an amount in excess of $25,000.00 plus interest, costs and expenses. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/carl.syn/plato/amended.pld VERIFICATION I verify that the statements made in the foregoing Amended Complaint are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Carlisle SynTec Incorporated and is based upon the statements provided by representatives of Carlisle SynTec Incorporated and other persons, as well as documents reviewed by the undersigned as attorney for Carlisle SynTec Incorporated. This verification will be substituted and ratified by a verification signed by Carlisle SynTec Incorporated. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unswom falsification~, o authorities. ,~ David A. Baric, Esquire .* Carlisle SynTec Systems ' ' Division of Carlisle Corporation P. O. Box 7000 Carliale, PA 17013 (717) 245-7000 Carlisle Syn. i'ec. Systems Customer f03256/100 Rep/Dist. Coastal Atlantic Associates N _AUTHORIZED ROOFING APPLICATOR AGREEMENT AGREEMENT made this 2~stday of dune ,199_~6 between Carlisle SynTec Systems, a Division of Carlisle Corporation ("Carlisle"), a Delaware corporation, having a mailing address of P.O. Box 7000, Carlisle, Pennsylvania 17013 and PLATO CONSTRUCTION GROUP INC. (name of organization) 1420 NINTH AVENUE SUITE B (street I P.O. Box) / ("Applicator"), NEPTUNE NEW JERSEY 07753 (state) (zip code) (area code/telephone number) doing'business as a:' (check applicable box and complete line)' I::] 1. Sole proprietor. D2. Partnership; all general partners and their addresses are: 90e-.~:~ ct 90(%??58:]. 2 (city) (area code/fax number) all limited partners and their addresses are: ~]3. Corporation organized under the laws WITNESSETH In consideration of the mutual promises and undertakings stated herein, Carlisle and Applicator agree as follows: 1. Grant (a) Carlisle grants to Applicator the non-exclusive right to purchase and install Carlisle Roofing Systems ("Roofing Systems") consisting of all roofing products now or hereafter marketed by Carlisle SynTec Systems. (b) Carlisle reserves' the right to sell, distribute and install Roofing Systems direct or through others, at Carlisle's discretion. EXHIBIT A General Duties of Applicator_ Applicator shall: (a) At Carlisle's request from time to time provide adequate assurance satisfactory to Carlisle "of Applicator's due performance of its obligations under this Agreement and Applicator's financial responsibility. (b) Use its best efforts to sell and promote the use Qf Carlisle's Roofing Systems. (c) Attend Carlisle training meetings and pay for travel, lodging and living expenses while attending such meetings. Applicator agrees not to begin any installation of Roofing Systems until {i) Applicator has attended at least one (1) training meeting and (ii) Applicator is satisfied that it has received details, installation instructions, procedures and updates. (d} Advise every building owner ("Building Owner") in writing at the time Applicator submits its bid that Carlisle will provide Building Owner, at Applicator's expense as set forth in Carlisle's most current price list, the most current standard form of the Carlisle Membrane Systems Warranty for commercial buildings {"Standard Warranty") at such time as Carlisle has accepted the installation of Roofing System and has received payment from the Applicator for the Roofing System and the Standard Warranty. (e) At the time a roofing contract is awarded to Applicator, provide to Carlisle a copy of all bonds on public or private work including the amount of the bond and the name and address of the surety or guarantor and also complete and provide to Carlisle the Carlisle i'orm entitled "Request for Warranty". (f) Follow all Roofing Systems specifications, details, installation instructions and procedures as furnished in writing by Carlisle from time to time. Applicator shall inquire about any updates or revisions regarding Roofing Systems before beginning any roofing project. orders. ' (g) Comply with all federal, state and local laws, regulations, ordinances and governmental 3. .General Duties of Carlisle Carlisle shall:. (a) Provide Applicat~)r with instructional materials, instructions and training which, in Carlisle's judgement, are necessary to assure adequate quality and uni[ormity in installation of Roofing Systems. (b) Provide 'Applicator a reasonable supply of promotional material which, in Carlisle's judgement, is adequate for Applicator's use in the sale and promotion-of Roofing Systems. (c) Provide to Building Owner, at Applicator's expense as set forth in Carlisle's most current price list, Carlisle's Standard Warranty. Carlisle reserves the right to refuse to issue a Standard Warranty if (i) its specifications, details, installation instructions and procedures are not followed and it has not approved and accepted the installation, or (ii) it has not been paid for Roofing Systems and the Standard Warranty. (d) At Carlisle's discretion furnish Applicator without cilarge technical assistance .and advice for the purpose of evaluating watertight integrity of the installation of Roofing Systems. It is understood that Carlisle does not engage in the practice of engineering or architecture; any information provided to Carlisle shall be reviewed by Carlisle for the purpose of evaluating the watertight integrity of the installation of Roofing Systems only and not for any other purpose including but not limited to reviewing or approving structural design, the integrity of the roof or its structural parts. CARLISLE MAKES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. -2- Purchase of Roofing Systemq (a) All orders submitted to Carlisle for Roofing Systems shall be in writing, or confirmed in writing, and sioned by Applicator. All orders shall be subject to final approval and acceptance by Carlisle at its 'office located in Carlisle, Pennsylvania. Carlisle reserves the right to accept or reject all or any part of an order without reason. {b) Carlisle shaU sell materials to Applicator pursuant to such terms, conditions, prices, and shipping practices as the parties may agree to. Carlisle reserves the right, in its sole discretion, to refuse orders from Applicator or to condition sales to Applicator upon payment in full in advance or other extraordinary credit/collection procedures. Carlisle reserves the right itself to change its price lists at any time, but in the event of an increase in the price applicable to orders already placed by Applicator, Applicator may cancel such order without charge or penalty by written notice within ten (10) days after the date of the announcement of such price increase. (c) Any sales, revenue, excise or other taxes applicable to Roofing Systems purchased by Applicator shall be added to the purchase price and shall be paid by Applicator, or in lieu thereof, Applicator shall provide Carlisle with a tax exemption certificate or other proof of tax exemption in a form acceptable to the appropriate taxing authorities. (d) No Standard Warranty shall be issued or considered to be in full force and effect unless and until Applicator has paid Carlisle for the Roofing Systems, Standard Warranty, and above taxes (unless Applicator has submitted appropriate proof of tax exemption to Carlisle). 5. ' Notice of Award (a) At its expense, Applicator shall furnish to Carlisle for every job on which Applicator is to install Roofing Systems: (i) Notice of Award of the roof!no contract and copies of all job specifications, . shop drawinbs, details and other plans to be used in connection with the installation of~Roofing Systems, as soon es such items become available. · . (ii) a description'of the nature of the work (i.e., public or private work), copies of all types and amounts of bonds furnished and the name and address of the surety or guarantor and 8 completed copy of the Carlisle form entitled "Request for Warranty". (b) Carlisle's review of the above plans, details and other information is for the purpose of evaluating watertight integrity only. CARLISLE MAKES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. (c) Regardless of whether Ro°fing Systems have been ordered fr°m Carlisle or one of its auth°rized distributors, if Applicator fails to comply with paragraph 5(a), Carlisle or its authorized distributor shall not be obligated to ship any Roofino Systems to Applicator, and the purchase of Roofing Systems shall be deemed canceled without any cost, expense or liability to Carlisle or its distributor. 6. Inspections For every job, Applicator shall: (a) Send written notice to Carlisle, indicating completion of Roofing Systems installation, within seven (7) calendar days after completion of the installation. -3- (b) Allow Carlisle to inspect and accept (at Carlisle's option) the watertight integrity of the installation of Roofing Systems. Carlisle may direct Applicator to make such changes or repairs as Carlisle deems necessary for proper installation. Such changes or repairs shall be at Applicator's expense if Carlisle determines · that Applicator failed to follow and adhere to Carlisle's written specifications, details, installation instructions and procedures in effect at the time of installation; otherwise such changes shall be at Carlisle's expense. (c) For a period of two (2) years beginning with the date upon which the installation passes final inspection by Carlisle or, in the event a Standard Warranty is not issued pursuant to paragraph 3(c), then for a period of two (2) years beginning with the completion of the installation of Roofing Systems, repair upon request of either Building Owner or Carlisle, at Applicator's expense, any leaks caused by faulty handling or installation of Roofing Systems including but not limited to the use of 'materials not approved by Carlisle. (d) Allow Carlisle, at Carlisle's option, to inspect Roofing Systems at any time prior to the expiration of the two (2) year repair period, and at Applicator's expense follow such instructions and make such repairs deemed necessary in the judgment of Carlisle to assure watertight integrity. At the end of said two (2) year period, Applicator shall have no further obligation to make repairs at its expense under this Agreement, provided that Applicator has promptly commenced and diligently proceeded to correct and repair all leaks brought to its attention during said two (2) year period and has successfully corrected and repaired such leaks and the conditions causing them, and further provided that Applicator has installed Roofing Systems in accordance with Carlisle's specifications, details, installation instructions and procedures. (el Subject to the approval of Building Owner and Applicator's continuing status as a Carlisle Authorized Roofing Applicator, Carlisle will request a bid from the Applicator who completed the installation of Roofing System. s in the event that repair work becomes necessary after the above two (2) year period. 7. ,Warranty to Applicator Carlisle warrants its material to be free from defects at the time of its delivery to a project site. Carlisle's liability and Applicator's remedies are limited to Carlisle's replacement of defective material, F.O.B. factory. Replacement of defective material will be made only upon Carlisle's inspection of-the material. Applicator shall return defective material and Carlisle shall pay the cost of shipping only after Carlisle has sent definite shipping instructions. THERE ARE NO WARRANTIES EITHER EXPRESS OR IMPLIED WHICH EXTEND BEYOND THE FACE HEREOF INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARLISLE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LAW. NO REPRESENTATIVE OF CARLISLE HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN. 8. Relations Between Partie.~ (a) Applicator shall not use the name Carlisle, Carlisle's logo or any other Carlisle trademark or trade name in Applicator's firm name or assumed name or in any other manner, provided, however, Applicator may indicate in correspondence or advertising related to Roofing Systems that it is a Carlisle Authorized Roofing Applicator. Upon expiration or termination of this Agreement for any reason, Applicator shall immediately -4- discontinue any use of any name, logo, trademark or trade name used by Carlisle. (b) Applicator shall act only in Applicator's leoal capacity as an independent contractor. In no event shall Applicator be an employee, franchisee or agent of Carlisle. Carlisle is not a franchisor. Applicator has no authority to act for, or on behalf of Carlisle or to bind Carlisle in any way whatsoever, and Applicator shall not so hold itself out to anyone or otherwise represent that Applicator has such authority. Applicator is not authorized to make or extend any promises, representations or warranties with respect to Roofing systems except as set forth in Carlisle's standard Warranty. O. ~xcused Performanco Neither party shall be held responsible for delays or failure to perform hereunder, except for payment of monies when due, if caused by fires, floods, strikes, labor disputes, accidents, acts of war, priorities required or requested by any governmental authority, transportation del;,'ys, restrictions imposed by federal, state or local law, regulations or ordinances, or Carlisle's inability to secure raw materials or energy or for any other causes beyond a party's control. 10. Indemnification (a) Applicator agrees to indemnify, pay for the defense of and save Carlisle harmless from any and all damages, including harm to Applicator's employees, losses or expenses including attorney's fees, direct or indirect, including settlement of any claim subject to Applicator's approval which approval shall not be unreasonably withheld, which Carlisle may be subjected to because of Applicator's negligence or failure to perform any term or Condition of this Agreement. Carlisle 'shall not.be obligated to appeal any judgement which would impose liability on Applicator. (b) {i) Carlisle shall indemnify and save Applicator harmless fPom all damages, losses or expenses, including reasonable attorney's fees, which Applicator may sustain as determined by a final judgement against. Applicator 'or a settlement of any claim, approved in writing by Carlisle, resulting fro~ Carlisle's negligence in performing or failure to perfOrm its obligaiiohs under the Standard Warranty; pro~ided, however, that this indemnity shall notbe enforceable against Carlisle (whether or not Carlisle may have been negligent in performing or failing to perform its obligations under the Standard Warranty) if the damages, losses or expenses- sustained by Applicator were caused in whole or in part from any act or failure to act by Applicator as required by this Agreement. ---- (ii) In the event that any claim, action or proceeding is threatened or made against Applicator which may impose liability on Carlisle under this indemnity, Applicator shall promptly serve written notice on Carlisle of such claim, action or proceeding and Carlisle shall have the option to join in the defense of the claim at its expense. 11. Term of Agreement; Termination (a) Application to be an Applicator is not deemed accepted by Carlisle until an authorized Carlisle employee has signed this Agreement and has returned one signed copy of this Agreement to Applicator. This Agreement shall remain in effect until: (i) Either party cancels this Agreement with or without cause by giving thirty (30) days prior written notice of termination to the other party by certified mail (return receipt requested) or by -5- facsimile and ordinary mail at the address stated herein or such other address as either party may designate in writing. contained herein. (ii) Either party may terminate this Agreement immediately for breach of any covenant " (iii) Subject to any provisions of law to the contrary, there is an adjudication of Applicator as a bankrupt or insolvent, or entry of an order, remaining unst~yed by appeal or otherwise for thirty (30) days, appointing a receiver or trustee for Applicator, or for all or any of its property, or approving a petition seeking reorganization or other similar relief under the bankruptcy or other similar laws of the United States of America or any state, or the filino by the Applicator of a petition seeking any of the foreooino or consenting thereto, or the filing by the Applicator of a petition to take advantage of any debtors' act, or making a general assignment for the benefit of creditors, or admittino in writino its inability to pay its debts as they mature. (b) Unless otherwise agreed in writing by both parties, termination of this Agreement as provided herein shall automatically cancel all accepted orders for Roofing Systems not shipped by Carlisle by the date of Carlisle's or Applicator's receipt of the termination notice. Upon termination, Applicator will immediately furnish to Carlisle a list of all jobs for which Applicator has been awarded contracts for the installation and use of Roofing Systems. If Applicator's account is not in arrears and Applicator has not otherwise breached the terms of this Agreement, then Carlisle in its sole discretion may fill orders for such jobs in accordance with the terms and conditions of this Agreement and will charge Applicator's account therefore. As a condition to filling such orders, Carlisle at its option may require Applicator to furnish a surety bond or other extraordinary credit/collection procedures in an amount or manner acceptable to Carlisle's credit department. .. (c} · Termination of this Agreement shall not relieve Applicator from its obligations and liabilities hereunder, including but not limited to its obligations to repair Roofing Systems as provided in paragraph 6, to complete the installation 'of Roofing sYstems undertaken and not completed by Applicator by the date of the termination notice, and to make all payments due or accrued to Carlisle and other material suppliers. 12. _Waiver The failure of either party to enforce 'at any time any of the provisions hereof shall not be construed to be a waiver of .such provision or of the right of such party thereafter to enforce any such provisions. 13. Assionment The rights created by this Aoreement are personal and not assignable, and the obligations imposed upon Applicator are not delegable without the written consent of Carlisle, provided, however,, that Carlisle may assign this Agreement to its successors as well as to any entity or ~corporation now or hereafter owned or controlled by or affiliated with Carlisle (defined as any corporation controlling or under common control with Carlisle). -6- 14. .Construction This Agreement constitutes the entire Agreement between the parties and the parties .. acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representation inducing the execution and deliverY hereof except as specifically set forth in this Agreement. No change, alteration, modification or addition to thi,~ Agreement shall be effective unless in writing and signed by an authorized Carlisle employee. A mere acknowledgement or acceptance of any acts or performance by either party inconsistent with the terms of this Agreement shall not be deemed an acceptance or approval by Carlisle of such inconsistent acts or performance with respect to subsequent transactions. This Agreement supersedes and is in lieu of all prior agreements or arrangements between the parties. The captions in this Agreement are for convenience only and shall not affect the interpretation hereof. 15. Governing Law This Agreement shall be construed under the laws of, and by the courts of, the Commonwealth of Pennsylvania, and if any provision hereof shall be adjudged to contravene any applicable law, the parties agree to remain bound to all of the remaining provisions. IN WITNESS WHEREOF, the parties have caused this instrument to be eJecuted in duplicate by their representatives duly authorized as of the day and year first above written. Carlisle SynTec Systems Division of Carlisle Corporation Ti!tle:,~,~ D. Kavanagh, ~ice Presfdent - Sales Date~pproved! ~lune 2I, 1996 6 ltarketing Carlisle and Sure-Seal are trademarks of Carlisle Corporation -7- (PATENT #4.928.443) C_ARLISLE SL, RE-SEAL POURABL= SEALER POCKET TO BE USED WITH CARLISLE SURE-SEAL ROOFING SYSTEMS INH?ALLATION The Sure-See[ Pourabte Seater Pocket is a ftexibte 2 inch wide support band covered with Sure-Seat E[astofom Flashing backed with pressure-sensitive acl~esive. The Sure-Seat Pourabte Seater Pocket is avaitabte in &, 6 ands inch diameters and is packaged 12 to a carton. A 6month shelf tile can be expected. If a targer Pourab[e Sea[er Pocket is required, 2 or more Sure-Sea[ Pourabte Seater Pockets maybeconbinedto achieve the desired diameter. AL[ Poureb[e Seater Pockets greater than 18 inches in diameter wi[[ require membrane securement. Inch Support Band -- 311 2-1/4 -- Re[ease Paper E[astoform Flashing Hacked with Pressure-Sensitive Adhesive 4", 6", 8" Carl[ale SynTec Systems Division of Ced[ale Corporation P. O. Box 7OOO EXHIBIT B Carl[ale, PA 17013 Phone: (717) 245-7000 Fax: (717) 245-7053 Carlisle SynTec Systems Ileeove Ill"dirt, rust. scale or ex|lting flashing fram the penetration. Cleon the dry apl ice area of the I;I)014 mt~brane by scrubbing ulth Sure-Seal NP Spl ice ~/lpee or clean natural fiber r~s using Sure-Sell Spt ice Cleaner. semwe release paper fram the Pourlble Sealer Socket 2-II2 Inch .ida ~ fold fl~ ~k rote it.lf ~ .ith the ~ttm ~ of the ~t release ~r In the fold to ~ev~t the fleshf~ rrm stickl~ to itself. 5 Renmve rele#e paper from the 3 Inch end and fold the deck flan~e back onto iteelf, PIKe mleaee palaer in the fold to prevent the flaehin0 from etickin~ to iteelf. Adhere the 3 ir.ch fold to the vertical eurfece, ~ ~ adhere the deck flange. Roi the entire flange with a 2 inch wide .teal ruler. the Paureble See(er Pocket around the perle(ration end s~ the S~rt t~ther. After ~uri~ fr~ the ~ket ~ket ~o the ~k for ]I~emvs roi#aa I~r free fnelde I~;~ort bend. Start at the tag of the support bend ~ ~rk fli~i~ t~ mtiL totally ~er~ to I~t~ of the ~. Pr~rLy mtx P~r~Le haler ~ fill ~ket to ~t ~i~ of ~ter. ~iy ~ feather L~ Seeimt m the ~Lice of the ~ie Sealer P~ket fotL~l~ Car~is~e,s CAUTION: Do not install against I hot pipe of 180 degrees or above. Refer to Hot Pipe Details in Cadlaie'l Techniod Manual. Do ~t uae petroleum bae~ ~ roof emnt wi~ these pr~uote. Poureble sealer must oontact the bare outface of the penetration. All dabrla (paint, met, lead, other fi#hinge, etc.) must be removed from the penetration. Do not allow raleeae paper to become wet or damaged prior to irmtailation. ROOF SYSTEMS MARIMJITY ........... Ca, ,isle Sure-Seal PourabLe Sealer Pockets can be warranted for up to 15 year as part of the roofing system when used as part of Carlisle,s Sure-Seal Roofing Systems. G~NERAL PRGDLK:T ~ffJUWTY SeLLer usrrants its products described on the face hereof to be free from defects in materials ~ aeLivery to buyer. Replacement of defective goods or repayment of the purchase price will be aide only upon SeLier,s receipt of Buyer's uti(ten notice that the goods are defective and Seller has inspected the goods. Seller's Liability and Buyer,s remedy are Limited at SeLier,s Do(ion to replacement of defective goods at the point of origin or repayment of the purchase price. Buyer sha(t return defective goads and seller shall bear the cost of shipping only. after Seller has sent Buyer definite shipping instructions. THERE ARE NO ~dARRANTIES EITHER EXPRESS OR IMPLIED i#CLUOING THE IMPLIED t~ARRA#TIES OF FITNESS FOR A PARTICULAR PURPOSE ANO MERCHANTABILITY UNICN EXTEND BEYOND TN( FACE HEREOF. SELLER SNALL NOT 8E LZABLE FOR ANT (NCIOEHTAL OR CONSEQUENTIAL OA/4AGES UNOER ANY TN(DRy OF THE LA~d tdNATSOEVER. No representative of the Se(Let has authority to make any representations or Promises except as stated herein. Carlisle, Sure-Seal and Elastoform Flashing are Trademarks of CaHisle Corporation o 1992 Cxdiele ~orporetion Carlisle SynTec Systems 5URE-SEAL/BR. ITE -pL'i' ELA~TOFOP. H I=LAS, HiI,~ ® H{N. o: o FILLER PENE'I"P, ATIONS .,~ I" (2.5 cra) Hilt. INSULATION B::'I~H HEPIBI~,A~I= 5PLIC. IN~ C,,EHENT :5URE-SEAL/~RITE-PL¥ LAP SEAL/~T NOTES, I. I~.O*F (~2'¢) HAXlIflH TEHPERA~. 2. P~ 5F_N.ER 14E, T CONTACT UNC, URED ELASTOFORH FI.ASHIIx~ AND I:~CK-. HE~. D. DE'Gl( PLANOE PIJ~T BE CONTI~ HITH P-OUNDED 4. POUP~A~LE E~EALER POCKET HAy BE I~. 5. POtJRABLE ~cALE~ PO~T TO ~ I IN. (2~ ~ HIN. ~H ~ON ON A~ SIDE. ~. P~ S~ TO BE HIN. 2 IN. ~ ~ ~. P~ S~ ~ST ~NTACT ~ B~ ~- F~E ~ ~ ~TION. ~L D~RIS ~AI~, ~T ~H ~ P~TION. U-I&-A FIELD FAL=,R. ICA'T'ED POU~AE~LE SEALEf~ POCKEt POUR. ABLE 5~_.AI..ER HETA, L i (BY OTHEI~) 2" ¢5 HIN. SI~ ~,I~E,~TEI~ THAN 12 INCH~ (~1 c,nj I" (2.5 em) HIN. SURE-.SEAL/BRI TE-PL¥ UNCtJP~D ELA~TOPOPJ',,I FLa_.~.-IIN~® SURE-E,E~I.~R. iTE_PL,r-'n'' I=PDH I"IEHtDRANE IN.~ULATION · ?:~IRE -.~EAIJ~RI TE -pLT' SPLICING GEt 'lENT - ER]RE-.~EAL/~RITE-PL'r' LAP 5P_AL~4~r 2. POb"R~I..E SEALER ML~T CONTACT EI_ASTOFORPI FI_ASHIN~. ~ D'E.C~ 5. POUI~AI~.E 5,EALFI~ POE. lC. ET TO BE I IN. (25 ~ Hill. 6. POtJRA~LE .'SEAq_E~ PI.~T ~,_~Ot'IP1,.ET1E~¥ FILL 5,EALER p~ TO ~ PONDIH~ OF: P~ 5'EALI~ TO Et.E HIN. 2 IH. ~ c.m) E:~Ep. I=AC.E Of= THE PEI",L~I~ON. ALL I::~E~J5 I"PAINT0 P,t~T, LE.~D, O'l't'lE~ FLA.SHIN~=5 ETC,,J 14J~T BE R.EHOVE~ F:P~3H THE PE1,L='rl:~TION. 11. When,the specifier ha,, °elected an alternate insulation attachment wl~cn incorporates a solid mopping of the insulation with hot steep asphalt, typical precautions include, but are not limited to, 'the following: ao The existing gravel surfaced built-up roof must be scraped to remove all loose gravel. Large blisters that may prevent continuous embedment of insulation must be repaired. The surface of the substrate must also be dry and clear of foreign material. b. For successful attachment, proper asphalt temperatures must be maintained and the specifier's requirements concerning the installation of a base sheet and quantity of hot steep asphalt must be followed. The maximum insulation board size shall not exceed 4' X 4' (1.2 m by 1.2 m). Trim insulation boards around crickets and saddles to ensure continuous embedment. d. Care must be exercised to prevent contamination of the top surface of the insulation. Asphalt oozing through insulation joints must be wiped from the surface. e. When specified, a grid nailer must be installed in accordance with Carlisle's A-7 Details. f. The attachment of insulation with hot steep asphalt is not covered by the Carlisle Membrane System Warranty. H. MEMBRANE PLACEMENT AND BONDING 1. Ensure that water does not flow beneath any completed sections of the membrane system by completing all flashings, terminations and daily seals by the end of each work day. 2. Sweep all loose debris from the substrate. 3. Position EPDM membrane over the acceptable substrate without stretching. 4. Allow membrane to relax approximately 1/2 hoUr prior to bonding. 5. Fold membrane sheet back so that half of the underside of the sheet is exposed. Sheet fold must be smooth without wrinkles or buckles. 6. Stir Bonding Adhesive thoroughly scraping the sides and the bottom of the can (minimum 5 minutes stirring is recommended). Bonding surfaces must be dry and clean. CAUTION: If aesthetics are of concern when Brite-Ply EPDM membrane is used, protect the white surface next to the edges of the folded membrane sheet so that Bonding Adhesive will not discolor the white surface. Do not place Bonding Adhesive containers or their lids directly on the white surface of the Brite-Ply EPDM membrane. 7. Apply 90-8-30A Bonding Adhesive evenly, without globs or puddles with a plastic core medium nap paint roller. A 9 inch (23 cm) roller will easily fit into the 5 gallon (19 1) containers. Note: When B-500 Bonding Adhesive has been specified, refer to "Attachment III" at the end of this section for installation requirements. Apply 90-8-30A Bonding Adhesive to both the membrane sheet and the substrate to achieve continuous coating of both surfaces at a coverage rate of approximately 120 square feet (11.2 ml) per gallon (3.78 1) per one surface (membrane or substrate) or approximately 60 square feet (5.6 m2) per gallon (3.781) per finished surface (includes coverage on both membrane and substrate). A mechanical roller dispenser or a mechanical sprayer can be used to apply Bonding Adhesive when the continuous coating and coverage rate noted above are maintained. If a mechanical sprayer is used to apply Bonding Adhesive, the adhesive must be rolled after spraying with a plastic core medium nap paint roller to provide 100% coverage. APP-A-95 7 CAUTION: Due to solve 'ash off, condensation may form on freshly ied Bonding Adhesive when the ambient temperature is near the dew point. If condem,:don develops, possible surface contamination may occur and the application of Bonding Adhesive must be discontinued. Allow the surface to dry and apply a thin freshener coat at the coverage rate which is approximately half of the coverage rate stated above to the previously coated surface when conditions allow for continuing. 8. Allow adhesive to dry until it is tacky but will not string or stick to a dry finger touch. 9. Roll the coated membrane into the coated substrate while avoiding wrinkles. I0. Brush down the bonded half of the membrane sheet, immediately after rolling the membrane sheet into the adhesive, with a soft bristle push broom to achieve maximum contact. 11. Fold back the unbonded half of the membrane sheet and repeat the bonding procedure. 12. Install adjoining membrane sheets in the same manner, overlapping edges approximately 4 inches (10.:5 cm) to achieve a minimum 3 inch (8 cm) splice. It is recommended that all splices be shingled to avoid bucking of water. I. MEMBRANE SPLICING (SPLICING CEMENT) Adhesive splices must be a minimum of 3 inches (8 cm) wide. Field splices at roof drains must be located outside the drain sump. When aesthetics are of concern, Brite-Ply Splicing Cement residue will discolor the white surface of the Brite-Ply (white-on-black) EPDM membrane. When required by the specifier, a slip sheet or other means of protection may be used to avoid surface discoloration along the splice area and beneath Splicing Cement and Bonding Adhesive containers. Bond adjoining membrane sheets in place and remove dirt and excess dust from the mating surfaces of the overlapping sheets by wiping with Sure-Seal HP Splice Wipes or a clean rag. To remove accumulated dirt, footprints, etc., scrub the membrane sheets with warm water and a low sudsing soap; rinse with clean water. Clean the dry splice area of both membrane sheets by scrubbing with Sure-Seal HP Splice Wipes or clean natural fiber rags saturated with Sure-Seal/Brite-Ply Splice Cleaner. Extra cleaning is required along a factory seam which intersects a splice area. Sponges, sponge mops, squeegees, brushes, paint rollers, etc. must not be used. a. Sure-Seal Splice Cleaner must be used in conjunction with Sure-Seal (black) EPDM membrane. b. Brite-Ply Splice Cleaner must be used in conjunction with Brite-Ply (white-on-black) EPDM membrane. Sure-Seal/Brite-Ply Splice Cleaner must be dispensed from an OSHA approved safety can. Use of the safety can will minimize escaping fumes and will also avoid possible contamination of the Splice Cleaner which can result from immersing a used HP Splice Wipe or cleaning rag into an open can. 3. Check the membrane surfaces to verify adequate cleaning procedures are maintained. a. Both sides of the Sure-Seal EPDM membrane must be solid black in color with no streaking. The white surface of the Brite-Ply EPDM membrane must be thoroughly cleaned. A blue hue will appear on the surface of the Brite-Ply membrane along the splice areas as a result of the cleaning process and will dissipate eventually after exposure to sunlight. The black underside of the overlapping membrane sheet must also be thoroughly cleaned. 4. Hold the top membrane sheet back as the cleaning and scrubbing process continues along the length of the splice so that both mating surfaces may be cleaned at approximately the same time. APP-A-95 8 Stir Splicing Cement thc jhly scraping the sides and the bottom of tl n (minimum 5 minutes stirring is r~commended). a. Sure-Seal EP-95 Splicing Cement must be used with Sure-Seal (black) EPDM membrane. Properly stirred Sure-Seal EP-95 Splicing Cement will have a solid black appearance with no heavier black material remaining on the bottom or sides of the can. b. Brite-Ply Splicing Cement must be used with Brite-Ply (white-on-black) EPDM membrane. Properly stirred Brite-Ply Splicing Cement will have a white appearance with no heavier material remaining on the bottom or sides of the can. c. Membrane surfaces must be visibly dry and clean as stated above. Apply Splicing Cement to both mating surfaces with the 3 inch (8 cm) wide 1/2 inch (13 mm) medium nap roller (provided in each carton of Splicing Cement). Apply cement smoothly, continuously and relatively even to achieve a heavy coat. a. Do not allow the cement to glob or puddle. bo When a roller cannot be effectively used (at angle changes, comers, etc.), a 1/2 inch (13 mm) thick paint brush may be used to apply Splicing Cement; however, the Splicing Cement must be applied to achieve a smooth surface without brush marks. Note: When temperatures are expected to fall below 40° F (5°C), the use of a paint brash must be limited since brush marks will not bleed out. c. One gallon of Splicing Cement, applied in a heavy, relatively even coat, will achieve the approximate coverage rates as listed below for an assembled splice (both surfaces coated): Approximate Splice Width 3 inches 4 inches 5 inches 6 inches 7 inches (8 cm) (10.5 cm) (13 em) (15.5 cra) (18 em) Approximate Linear Feet 150 feet 120 feet 100 feet 85 feet 75 feet (46 m) (37 m) (30 m) (26 m) (23 m) The above coverage rates have been calculated to include the application of Splicing Cement 1 inch (2.5 cm) beyond the splice width on both mating surfaces of the membrane. Allow the cement to dry until it is tacky but will not string or stick to a dry f'mger touch and will not move when pushed with a dry f'mger. Do not allow the splicing cement to over-dry before mating the two surfaces (over-dried Spicing Cement will not be tacky). If splice over-drying occurs, apply a thin freshener coat of Splicing Cement over the dried cement at half the coverage rate listed above. To avoid over-drying, Carlisle recommends using a minimum two-man installation procedure for any splice which is longer than 10 feet (3 m). Due to solvent flash off, condensation may form on fleshly applied Splicing Cement when the ambient temperature is near the dew point. If condensation develops, the application of Splicing Cement must be discontinued since proper adhesion will not be achieved. Allow the surface to dry and apply a thin freshener coat of Splicing Cement as stated above to the previously coated surface when conditions allow. 8. For Cured-to-Cured Membrane Splices Only: Just prior to closing the splice, apply a bead of In-Seam Sealant*" approximately 5/32 inch (12 mm) in diameter (no less than 1/8 inch (3 mm) and no more than I/4 inch (6 mm) wide) a minimum of 1/2 inch (13 mm) from the inside edge of the bottom membrane sheet and a minimum of 2 inches (5 cm) from the lead edge. APP-A-95 9 Note: Do not allo -Seam Sealant to become overly dry. Approximately 75 linear feet (23 m) of coverage per tube can be achieved when a 5/32 inch (4 mm) diameter bead of In-Seam Sealant is applied. b. Maintain a continuous bead of In-Seam Sealant on all membrane splices. Refer to Detail U-2. c. During splice cleaning procedures, Sure-Seal HP Splice Wipes contaminated with In-Seam Sealant cannot be reused for the application of Splice Cleaner. 9. Roll the top membrane sheet onto the mating surface. Take care not to stretch or wrinkle the membrane sheet to avoid a fishmouth in the field splice. 10. Assemble the seam with hand pressure by wiping toward the splice edge. 11. Immediately roll the splice with a 2 inch (5 em) wide steel miler, using positive pressure, toward the outer edge of the splice. DO NOT ROLL PARALLEL TO THE SPLICE EDGE. On a completed splice, the In-Seam Sealant must remain evident and be sensitive to the touch. J. MEMBRANE SPLICING WITH SPLICE TAPE (FOR SURE-SEAL BLACK EPDM ONLY) 1. General ao Tape splices must be a minimum of 2-1/2 inches (6.4 em) wide using 3 inch (8 cra) wide Splice Tape extending 1/8 inch (3 mm) minimum to 1/2 inch (13 mm) maximum beyond the splice edge. Field splices at roof drains must be located outside the drain sump. b. LV-600 or HP-250 Primer must be used to clean the Sure-Seal (black) membrane prior to applying Splice Tape. LV-600 primer is required in areas where volatile organic compound (VOC) regulations are in effect. Remove dirt and excess dust from the mating surfaces of the overlapping membrane sheets by wiping with Sure- Seal HP Splice Wipes or a clean rag. Accumulated din, footprints, etc. must be removed by scrubbing the membrane with warm water and a low sudsing soap; rinse with clean water. 3. Dampen a Sure-Seal Primer pad (attached to 952 Primer pad handle) with Sure-Seal LV-600 or HP-250 Primer and also apply a bead of LV-600 primer to the dry membrane area to be cleaned. a. Dispcnse/~00 Primer from an 8 ounce (24 cl or .24 1) squeeze bottle. HP-250 Primer cannot be dispense~[ f~rm ~ squ~eeze bottle. Primer pads must be emersed into the HP-250 Primer container to dampen thc pad. ~" b. Hycron® gloves (available from Carlisle ) are required for hand protection when primer is being used. Scrub the membrane in a circular motion to achieve a thin, even coat of primer on both membrane surfaces. Splice area must be uniform in color, streak-free and free of globs or puddles. a. Primer Pads will clean approximately 100 linear feet (30 m) for a 3 to*4 inch (8 to 10.5 em) wide splice area. Pads can be flipped over and used for another 100 linear feet (30 m) of splice. b. The coverage rate for LV-600 Primer is approximately 600 square feet (55.8 m2) per gallon (3.78 1). HP- 250 Primer, when used, will yield approximately 250 square feet (23 m2) per gallon (3.78 1). Allow Primer to dry. Mark the bottom membrane sheet with a crayon 1/2 inch (13 mm) from the edge of the top sheet along the entire splice length. Unroll approximately 3 feet (1 m) of Splice Tape. Align paper backing with marked line and press tape down to bottom sheet using firm even hand pressure. Continue for the length of the splice. Tape roll ends should be overlapped 1 inch (2.5 em). Allow top sheet to rest on paper backing. APP-A-95 10 RU~SSTM (Re, inforced Unive~o.~ Securement Strip) a. Loose lay the 6 inch (15.5 cm) wide reinforced strip along parapet walls and fasten with Seam Fastening Plates and the appropriate Carlisle fastener to the roof deck or vertically into the parapet wall. All fasteners must be installed so the top of the fasteners are flush with the top of the Seam Fastening Plates. Spacing of the Seam Fastening Plates shall be a maximum of 12 inches (31 em) on center. If adjustment of fasteners becomes necessary to avoid obstructions below the roof deck, Carlisle must be contacted for specific requirements. 1) For horizontal attachment, the reinforced strip must be positioned a minimum of 1/8 inch (3 mm) to a maximum of 6 inches (15.5 cm) away from the angle change. Refer to Detail U-12-C. 2) For vertical attachment, the reinforced strip must be attached to the vertical wall and must extend a minimum of 3 inches (8 em) onto the horizontal substrate/insulation. Refer to Detail U-12-D. 3) Brite-Ply RUSS must be used on Brite-Ply Roof'mg Systems. b. Adjoining sections of the reinforced strip need not be overlapped; however, gaps between adjoining sections must not exceed 1 inch (2.5 em). c. Follow standard cleaning procedures to clean the RUSS and the deck membrane. d. When using Pressure-Sensitive RUSS, clean the underside of the membrane with either Sure-Seal Primer or Splice Cleaner and allow to dry prior to removing the paper backing from the RUSS. Note: Pressure-Sensitive RUSS is not for use with Brite-Ply Roofing Systems. eo To splice the deck membrane to the reinforced strip, follow standard splicing procedures excluding the use of In-Seam Sealant and Lap Sealant. The vertical field splices at the base of a wail or curb must be overlaid with a 6 inch (15.5 em) by 6 inch (15.5 cm) section (with rounded comers) of Sure-Seal Pressure-Sensitive Flashing (black only) or uncured Elastoform Flashing centered over the field splice. CAUTION: When the RUSS is used for membrane securement along gravel stops, refer to the appropriate detail for applicable installation criteria. For some gravel stops, adjoining sections of the reinforced strip must be overlapped and spliced (refer to Detail A-DA). 2. Seam Fastening Plates Where the use of RUSS is not feasible (at smaller curbs or skylights), Sure-Seal 2 inch (5 cra) diameter Seam Fastening Plates may be used. Seam Fastening Plates may be installed horizontally into the structural deck or vertically into walls or curbs. Securement of the EPDM membrane with the Seam Fastening Plates must be a maximum of 12 inches (31 cm) on center starting 6 inches (15.5 cm) minimum to 9 inches (23 cra) maximum from inside and outside comers. c. If horizontai wood nailers are provided,, secure the Seam Fastening Plates to the wood nailer with the specified Carlisle Fastener. Roofing nails are not acceptable for securement. d. After mechanically fastening the Seam Fastening Plates, flash in accordance with the appropriate detail. Refer to the 'Fastener Criteria' chart in 'Attachment I" at the end of this section for the required Sure-Seal Fastener criteria and corresponding deck type. APP-A-95 12 ,Note: · Tape placement is critical to obtain a minimum splice width of ~-1/2 inches (6.5 cm). A minimum of 1/8 inch (3 mm) to a maximum of 1/2 inch (13 mm) of tape must extend beyond the splice edge. A continuous piece of Splice Tape must be used at all field or factory splice intersections. 7. Pull the paper backing from the Splice Tape beneath the top sheet and allow the top sheet to fall freely onto the exposed tape. 8. Press the top sheet onto the tape using firm even hand pressure across the splice towards the splice edge. 9. Immediately roll the splice with a 2 inch (5 cm) wide steel roller, using positive pressure. Roll across the splice edge, not parallel to it. 10. Install a 6 inch (15.5 cm) by 6 inch (15.5 cm) section (with rounded comers) of Sure-Seal Pressure-Sensitive Flashing or Sure-Seal Elastoform Flashing over for all field splice intersections. K. LAP SEALANT APPLICATION Lap Sealant is required for all adhesive and tape splices. For cured-to-cured membrane splices with Splicing Cement, wait at least 2 hours after the completion of splice before applying Lap Sealant. Lap Sealant may be applied immediately following completion of splices with Splice Tape. If weather is threatening, Lap Sealant may be applied to adhesive splices without waiting; however, the splice area must be checked the following day for fishmouths or evidence of solvent entrapment (bubbled Lap Sealant). "Refer to Attachment IV', Membrane and Splice Repairs, at the end of this section for corrective procedures. 1. Check the splice edge for dust, dirt or other contaminants. Clean the dry splice edge, extending at least 1 inch (2.5 em) onto the top and bottom membranes, using Sure-Seal HP Splice Wipes or a clean cloth dampened with Splice Cleaner and apply a 5/16 inch (minimum 1/4 inch) (minimum 6 mm) diameter bead of Lap Sealant to completely cover the splice edge. a. Sure-Seal Splice Cleaner and Lap Sealant must be used with Sure-Seal (black) EPDM membrane. b. Brite-Ply Splice Cleaner and Lap Sealant must be used with Brite-Ply (white-on-black) EPDM membrane. 3. Feather the Lap Sealant with the specially preformed tool (included in the Lap Sealant cartons) so that the high point or the crown of the Lap Sealant is located over the edge of the splice. Clean the specially preformed tool occasionally for consistent crowning of the Lap Sealant. When a 5/16 inch (8 mm) diameter bead of Lap Sealant is applied, approximately 22 linear feet (6.6 m) of coverage per tube can be achieved. APPLICATION OF LAP SEALANT MUST BE COMPLETED BY THE END OF THE DAY. LAP SEALANT MAY BE APPLIED IMMEDIATELY UPON COMPLETION OF UNCURED TO CURED OR UNCURED TO UNCURED ADHESIVE SPLICES. Delayed Lap Sealant application (not within the same day) will require scrubbing of accumulated dirt and dust along the splice edge, rinsing with clean water and cleaning with Splice Cleaner. L. ADDITIONAL MEMBRANE SECUREMENT Securement must be provided at the perimeter of each roof level, roof section, expansion joint, curb flashing, skylight, interior wall, penthouse, etc., at any inside angle change where slope or combined slopes exceed 2 inches in one horizontal foot (16 em/1 m), and at other penetrations in accordance with Carlisle's details and securement options as listed below. Securement may be achieved as follows: APP-A-95 11 RUSSTM (Reinforced Uniw i Securement Strip) Loose lay the 6 inch (15.5 cra) wide reinforced strip along parapet walls and faste~z with ~eam Fastening Plates and the appropriate Carlisle fastener to the roof deck or vertically into the parapet wall. All fasteners must be installed so the top of the fasteners are flush with the top of the Seam Fastening Plates. Spacing of the Seam Fastening Plates shall be a maximum of 12 inches (31 cm) on center. If adjustment of fasteners becomes necessary to avoid obstructions below the roof deck, Carlisle must be contacted for specific requirements. 1) For horizontal attachment, the reinforced strip must be positioned a minimum of 1/8 inch (3 mm) to a maximum of 6 inches (15.5 cm) away from the angle change. Refer to Detail U-12-C. 2) For vertical attachment, the reinforced strip must be attached to the vertical wall and must extend a minimum of 3 inches (8 cra) onto the horizontal substrate/insulation. Refer to Detail U-12-D. 3) Brite-Ply RUSS must be used on Brite-Ply Roofing Systems. b. Adjoining sections of the reinforced strip need not be overlapped; however, gaps between adjoining sections must not exceed 1 inch (2.5 cra). c. Follow standard cleaning procedures to clean the RUSS and the deck membrane. d. When using Pressure-Sensitive RUSS, clean the underside of the membrane with either Sure-Seal Primer or Splice Cleaner and allow to dry prior to removing the paper backing from the RUSS. Note: Pressure-Sensitive RUSS is not for use with Brite-Ply Roofmg Systems. To splice the deck membrane to the reinforced strip, follow standard splicing procedures excluding the use of In-Seam Sealant and Lap Sealant. The vertical field splices at the base of a wall or curb must be overlaid with a 6 inch (15.5 em) by 6 inch (15.5 cm) section (with rounded comers) of Sure-Seal Pressure-Sensitive Flashing (black only) or uncured Elastoform Flashing centered over the field splice. CAUTION: When the RUSS is used for membrane securement along gravel stops, refer to the appropriate detail for applicable installation criteria. For some gravel stops, adjoining sections of the reinforced strip must be overlapped and spliced (refer to Detail A-l-A). 2. Seam Fastening Plates Where the use of RUSS is not feasible (at smaller curbs or skylights), Sure-Seal 2 inch (5 cm) diameter Seam Fastening Plates may be used. a. Seam Fastening Plates may be installed horizontally into the structural deck or vertically into walls or curbs. b. Securement of the EPDM membrane with the Seam Fastening Plates must be a maximum of 12 inches (31 cra) on center starting 6 inches (15.5 cra) minimum to 9 inches (23 em) maximum from inside and outside comers. c. If horizontal wood nailers are provided,, secure the Seam Fastening Plates to the wood nailer with the specified Carlisle Fastener. Roofing nails are not acceptable for securement. d. After mechanically fastening the Seam Fastening Plates, flash in accordance with the appropriate detail. Refer to the "Fastener Criteria~ chart in "Attachment I' at the end of this section for the required Sure-Seal Fastener criteria and corresponding deck type. APP-A-95 12 M. FLASHING 1. General Flashing Considerations All existing loose flashing must be removed prior to the application of new Sum-Seal/Brite-Ply membrane. New membrane flashing must extend above all existing intact flashing but must not conceal weep holes or cover existing throughwall counterflashing. b. Install surface mounted reglets and compression bar terminations directly to the wall surface. c. In-Seam Sealant is required on all vertical adhesive splices between adjoining sections of cured membrane flashing. All vertical field splices (adhesive or tape) at the base of a wall or curb must be overlaid with a 6 inch (15.5) by 6 inch (15.5 em) section (with rounded corners) of Sure-Seal Pressure-Sensitive Flashing (black only) or uncured Elastoform Flashing centered over the field splice. Uncured Elastoform Flashing must be limited to the overlayment of vertical seams (as required at angle changes), or to flash inside/outside corners, vent pipes, scuppers and other unusually shaped penetrations where the use of premolded pipe flashing, cured EPDM membrane or Pressure-Sensitive Flashing is not practical. Note: Even when working in elevated temperatures, in most cases a heat gun will be required to elevate the temperature of uncured Elastoform Flashing to a higher than warm tool temperature (which is between 105°F (40°C) and 1 I0° F (43°C)) to permit proper forming of the uncured flashing. The Brite-Ply Flashing stretches easier crosswise than it does lengthwise. When forming outside corners, flashing must be positioned so that the longer points of the diamond shaped embossment are pointing to the outside corner. fo When using Pressure-Sensitive Flashing to strip in Seam Fastening Plates or metal edging flanges, etc., either Sure-Seal Primer or Splice Cleaner must be used to clean the membrane and metal flanges. In areas where metal counterflashing is used as the vertical termination, the counterflashing must be sealed with a rubber grade caulking to prevent moisture migration behind the new wall flashing. On Golden Seal Warranty projects, Carlisle's Termination Bar in conjunction with Water Cut-Off Mastic, must be installed under all metal counterflashings used for vertical wall terminations. 2. Walls, Parapets, Curbs, Skylights, etc. a. Use continuous deck membrane with RUSS (Reinforced Universal Securement Strip) or Seam Fastening Plates along the base of the wall. 1) When using RUSS, refer to Paragraph L, Additional Membrane Securement, for attachment and splicing procedures. 2) When Seam Fastening Plates are used to secure the continuous deck membrane, usc either 9 inch (23 cra) wide Clean Cured Flashing, 9 inch (23 em) wide .060 inch (1.5 mm) thick cured 'seamless' membrane or 6 inch (15.5 em) wide Pressure-Sensitive Flashing. a) When Pressure-Sensitive Flashing is used to strip in Seam Fastening Plates, Sure-Seal Primer or Splice Cleaner must be used to clean the EPDM membrane surface. b) When Clean Cured Flashing or "seamless" membrane is used (in conjunction with Splicing Cement), In-Seam Sealant is required around each Seam Fastening Plate. Note: Clean Cured Flashing and Pressure-Sensitive Flashing arc only available in black. APP-A-95 13 b. When the use of conti,. Jus deck membrane for wall flashing is not ._.~ible, a separate piece of cured EPDM ~nembrane or Clean Cured Flashing may be used. , , 1) When Splicing Cemeni is used to complete the splice, follow standard splicing procedures including the use of In-Seam Sealant and Lap Sealant. Clean Cured Flashing need not be cleaned unless contaminated with field dirt, footprints, etc. 2) When Splice Tape is used, the membrane and flashing (cured EPDM or Clean Cured Flashing) must be cleaned with Sure-Seal Primer. Refer to Paragraph J, Membrane Splicing with Splice Tape, for splicing procedures. c. Adhere flashing to the wall and terminate in accordance to the applicable U-9 Termination Details. d. Use 6 inch (15.5 em) by 6 inch (15.5 em) Elastoform Flashing or Pressure-Sensitive Flashing (with rounded comers) to overlay vertical splices as shown on the applicable U-12 Detail. e. when using Pressure-Sensitive Corners in conjunction with Clean Cured Flashing, coat the flashing at the corner area with a thin coat of Splicing Cement and allow to dry prior to comer installation. f. Refer to U-15 Details for various comer flashing options. 3. Roof Drains CC-6 Details) Provide a smooth transition from the roof surface to the drain clamping ring. Prepare the substrate around each roof drain to avoid membrane bridging in excess of 1/2 inch (13 mm) at the sump area and possible distortion at the drain clamping ring. Note: When reinforced membrane has been specified and the slope at the drain sump is greater than 3 inches in 12 inches (25 em/1 m), a separate piece of cured non-reinforced membrane must be extended into the drain sump as shown on the applicable detail. b. The mating surfaces between the clamping ting and drain base must be clean and have a smooth finish. c. Field splices at roof drains must be located at least 6 inches (15.5 cm) outside the drain sump. d. Cut membrane so it extends approximately 1/2 inch (13 mm) beyond the attachment points of the clamping ring. The hole in the membrane must not restrict water flow or be smaller than the drain pipe. e. Remove all existing flashing material to prepare for the membrane seal (application of Water Cut-Off Mastic). f. All bolts and/or clamps must be in Place to provide compression on the Water Cut-Off Mastic. g. Use drain strainers which have been approved by the specifier in accordance with applicable codes. 6. Other Penetrations Flash pipes and round supports with Molded Pipe Flashing or Pressure-Sensitive Pipe Flashing, when feasible, in accordance with the applicable detail. b. Form Field Fabricated Pipe Flashings using uncured Elastoform Flashing around pipes, round supports and structural steel tubing with comer radius greater than 1/4 inch (6 mm) in accordance with U-14 Details. c. When flashing seamless metal posts (maximum 4 inch by 4 inch) (10.5 cm by 10.5 cm) with a comer radius less than 1/4 (6 mm), apply a field fabricated pipe flashing with a double vertical wrapping. d. Flexible penetrations (braided cables, conduits, wires, etc.) must be enclosed in a stable gooseneck and flashed in accordance with the applicable U-14 Detail. APP-A-95 14 e. H, ot pipes which ~...ceed 180° F (82° C), must be insulated with n,,;~al collars and rain hoods and flashed in accordance with the applicable U-14 Details. , For pipe clusters or unusually shaped penetrations, a pourable sealer pocket must be utilized. Refer to applicable U-16 Details. N. ROOF WALKWAYS 1. Install walkways in those locations as designated by the specifier in accordance with 'Design Criteria', Part I. 2. Carlisle Molded Walkway Pads or Walkway Rolls and Walkway Pads by Others a. Remove excess dust and dirt from thc membrane by wiping with a clean rag. To remove accumulated dirt, footprints, etc., scrub the membrane sheets with warm water and a low sudsing soap; rinse with clean water. b. Clean the dry membrane surface by scrubbing with Sure-Seal HP Splice Wipes or clean natural fiber rags using Splice Cleaner. c. Round all comers of the 30 inch (76 cm) wide and 30 foot (9.12 m) long Sure-Seal Walkway Roll prior to applying Splicing Cement. Apply Splicing Cement' to one side of the walkway and to the cleaned EPDM membrane at a minimum coverage rate of 100 square feet (9.3 m2) per gallon (3.78 1) (on each surface). Both surfaces must have continuous coverage. 1) If a 30 foot (9.12 m) long walkway roll is to be utilized, the Splicing Cement must be applied to the side of the walkway which faces upward after unrolling to prevent curling or cupping. Note: Allow a 1 inch (2.5 cm) wide break between maximum 10 foot (3 m) lengths of walkway roll. 2) Allow the Splicing Cement to dry until it is tacky but will not string or stick to a dry finger touch and will not move when pushed with a dry finger. e. Place the coated walkway pad/roll onto the coated membrane area. Roll a minimum of 3 inches (8 cm) around the perimeter of the Sure-Seal Walkway Roll with a steel roller and walk in the remainder of the pad. Rolling the perime~r of the Sure-Seal Molded Walkway Pad is not necessary. The Sure-Seal Molded Walkway Pad should be walked in place. Discontinue walkways over field splices allowing a minimum 1 inch (2.5 cm) gap over the seam edge. 3. Paver Blocks a. Install a slip sheet of cured EPDM membrane or two layers of HP Protective Mat under all smooth pavers for the protection of the deck membrane. The protective layer must extend a minimum of 2 inches (5 cm) on each side of the concrete paver. b. Concrete pavers are not recommended for walkways when slopes exceed 2 inches in 12 inches (16 cra/1 m). O. DALLY SEAL 1. On phased roofing, when the completion of flashings and terminations is not completed by the end of each work day, provisions must be provided to temporarily close the membrane to prevent water infiltration. APP-A-95 15 Te, mporarily seal any loos,. ,nembrane edge down slope so that the membz,,..,~ edge will not buck water. Caution must be exercised to ensure that the membrane is not temporarily sealed near drains in such a way as to promote water migration below the membrane. 3. Sure-Seal Pourable Sealer is recommended for temporary sealing of membrane edges and shall be applied as follows: a. On existing built-up roofs, remove the gravel. The surface must be clean and dry. b. The two Pourable Sealer components must be mixed in accordance with the instructions on the container labels. c. Apply the Pourable Sealer along the loose edge of the EPDM membrane. If necessary, use a trowel to spread Pourable Sealer to achieve complete coverage. After embedding the membrane in Pourable Sealer, CHECK FOR CONTINUOUS CONTACT. Provide continuous pressure over the length of the temporary seal with 15 foot (4.57 m) lengths of 2-1/2 inch (6.5 cra) diameter Sure-Seal Lay Flat Tubing filled with dry sand. Note: Wood nailers will not provide constant compression due to warping and an uneven substrate. e. When work is resumed, pull the membrane free; trim and remove where the Pourable Sealer was applied. P. OPTIONAL COLOR COATING (For Sure-Seal Membrane or Flashing) If optional color coating is specified, Carlisle's final inspection for warranty must be conducted prior to the coating application. This will permit the completion of any "Repair for Warranty' items without consideration for the removal and reapplication of the coating. The owner will then verify that the coating was applied after receiving the warranty. 1. General a. The installed system must weather for a minimum of two weeks before the application of Hypalon® Coating. b. The surface must be visibly clean and dry prior to application. c. Do not apply the Hypalon Coating to the EPDM membrane when the outside temperature is below 40° F (5 ° C). d. Color coating of walkway pads is not recommended. 2. EM-8 Hypalon Color Coating Thoroughly mix the EM-8 Hypalon to suspend settled material from the bottom of the container. A paint roller with a 1/2 inch (13 mm) nap must be used to apply the coating to the membrane in one smooth coat to achieve a maximum coverage rate of 150 square feet (14 m2) per gallon (at moderate temperatures). Typically, two coats of EM-8 Hypalon are required when the paint is applied at the approximate rate of 150 square feet (14 m2) per gallon (per each coat). When thinner coats are applied to avoid runs in the paint, additional coats may be required for a consistent application. c. If repairs are required to a previously coated surface, refer to the "Repair and Maintenance" Section included with this manual. Q. CLEAN UP (for Brite-Ply Roofing Systems) If required by the specifier to ensure the aesthetics of the white surface of the Brite-Ply EPDM membrane, the following procedures should be utilized: APP-A-95 16 1. Handprints, footprints, t, .ral traffic grime, industrial pollutants and di,..nay be cleaned from the membrane stlrface bl/scrubbing with warm water and a low sudsing soap; rinse the area complete}y with olean water. 2. Bonding Adhesive and Splicing Cement residue may be cleaned using the following procedures: a. Saturate a clean HP Splice Wipe with clean Brite-Ply Splice Cleaner. · b. Scrub exposed Bonding Adhesive or Splicing Cement with the saturated HP Splice Wipe until all residue is removed from the membrane. For easier removal, it may be necessary to change splice wipes frequently. Copyright 1995 Carlisle Corporation Carlisle, Sure-Seal, Brite-Ply, Golden Seal, SecurEdge, RUSS, In-Scam Sealant and Elastoform Flashing are Trademarks of Carlisle Corporation Hypalon is a Trademark of E. I. du Pont de Nemours & Company, Inc. Foamular is a Trademark of UC Industries, Inc. This specification represents the applicable information available at the time of its publication. Owners, specifiers and Carlisle authorized roofing applicators should consult Carlisle or their Carlisle Manufacturer's Representative for any information which has subsequently been made available. Review the appropriate Carlisle warranty for specific warranty coverage, terms, conditions and limitations. APP-A-95 17 Sure-Sea, ,Brite-PlyTM Adhered Roof.,.=] Systems "Attachment I" Fastener Criteria/Pullout Values May 1995 Deck/Parapet Type and Carlisle Minimum Pilot Hole Pilot Hole Minimum Pullout Per Fastener Fasteners Penetration Depth Diameter (Sure-Seal) Steel, 22 gauge (.8 mm) or heavier HP Fastener 3/4 inch N/A N/A 360 pounds (163 kg) (1.9 cra) Steel, less than 22 gauge (.8 mm) HP Fastener 3/4 inch N/A N/A 300 pounds (136 kg) (1.9 em) Structural Concrete, HP Concrete 1-I/4 inches' (1) 1/4 inch rated 3,000 psi (211 kg/cra2) or greater Spike (3.5 em) (6 mm) 800 pounds (362 kg) HP Fastener 1-1/4 inches (1) 3/16 inch (3.5 cra) (5 mm) Wood Planks, minimum HP Fastener Min, 1 inch (7) N/A N/A 15/32" (12 mm) thick Plywood (2.5 cra) 360 pounds (163 kg) Minimum 7/16" (11 mm)thick HP Fastener Min. 1 inch N/A N/A oriented strand board (OSB) (2.5 cra) 250 pounds (113 kg) HP Lightweight 1-1/2 inches (3) (3) Cementitious Wood Fiber Deck Fastener (2) (4 cra) 300 pounds (136 kg) HP Spccdlock (4) (4) 5/8 inch Toggle Bolt (1.6 cra) HP Lightweight 1-1/2 inches (1) 3/8 inch (10 mm) Gypsum or Lightweight Insulating Deck Fastener (2) (4 cra) or Concrete 7/16 inch (5) 300 pounds (136 kg) (11 mm) HP Speedlock (4) (4) 5/8 inch Toggle Bolt (1.6 cra) Masonry (block, brick or concrete) Termination Bar 3/4 inch 3/4 inch 1/4 inch Nail-In (6) (1.9 em) (1.9 cra) (6 mm) Notes: N/A = Not Applicable (1) Thc pilot hole must be prcdrillcd to a sufficient depth to prevent contact between thc fast'ncr point and any accumulated dust in the predrilled hole. This will help prevent bottoming out of the fastener during installation. (2) When specified, thc HP Lightweight Deck Fastener and thc 3 inch (8 em) diameter fastening plate (provided as a complete fastening assembly) may be used for attacluncnt of insulation. Thc 2 inch (5 cra) diameter fastening plate (provided for use with thc HP Lightweight Deck Fastener) must be used in conjunction with RUSS (additional membrane securemen0. (3) Most cemendtious wood fiber decks do not require predrilling; however, Carlisle should be contacted prior to installation for verification of specific types that may require a pilot hole to be predrilled. (4) The toggle bolt length must be sufficient to completely penetrate the deck and allow the toggle wings to fully expand. (5) Pilot hole size may be varied to maximize pullout resistance. (6) Used for the securement of compression bar terminations or Seam Fastening Plates (used for additional membrane securement into vertical masomy surfaces). Do not use for imulafion securement. (7) For wood planks only, maximum fastener penetration shall not cxcccd 1-1/2 inches (4 em). "Attachment I" ~P-A-95 l ,Sure-Se,,, lBrite-PlyTM Adhered Roo,,ng Sys, tem, Direct Application Attachment. II Over Lightweight Insulating Concrete May 1995 When specified, the Sure-Seal/Brite-Ply EPDM membrane may be adhered directly to a new approved cellular or perlite lightweight insulating concrete with a minimum compressive strength of 225 psi (15.8 kg/cra2). No As-Built projects will be permitted, all projects must be submitted to Carlisle for review prior to installation. The Authorized Applicator must provide Carlisle with a copy of a certification letter from the lightweight insulating concrete manufacturer which references the project name and location and contains the manufacturer's brand name, minimum compressive strength, average wet and air dry densities. The substrate must be free of any debris, fins, loose and foreign materials. Fill any gaps in the substrate greater than 1/4 inch (6 mm) with an appropriate material. Application Cautions Do not proceed with the membrane installation until the lightweight insulating concrete substrate has cured and the moisture content by dry weight is 12% or less..If necessary, consult with the lightweight insulating concrete manufacturer concerning additional drying time. Do not adhere the membrane to the lightweight insulating concrete substrate within 48 hours after a rainfall. Prior to membrane installation, darker area~, especially along hairline cracks in the concrete, may serve as an indication of moisture entrapment and possible standing water beneath the surface. If this condition is found, consult with the lightweight insulating concrete manufacturer for proper corrective measures. Except when lightweight insulating concrete is poured over slotted steel decks, the roofing applicator must conduct core cuts at the minimum rate of 1 every 2,000 square feet (186 m~). The core cuts should be located around hairline cracks (if present) where darker areas are visible. After core cuts have been taken, the substrate should be examined for evidence of moisture above the structural deck and, if found, a wet/dry vacuum system, as recommended by the lightweight insulating concrete manufacturer, must be utilized to remove standing water from beneath the surface of the concrete. a. To ensure the efficient operation of the vacuum system, a tight seal must be provided between the nozzle of the vacuum and the lightweight concrete substrate. b. A one-way pressure relief vent, approved by Carlisle, must be installed over each core cut in accordance with Detail A-14. "Attachment ri'" ~P-A-95 1 Sure-[ al/Brite-Ply Adhered Roo ._.g System "ATTACHMENT II1" B-500 Bonding Adhesive May 1995 General Cautions and Wamings 1. Review thc applicable Material Safety Data Sheet for complete safety information prior to use. 2. This adhesive is designed to be applied when the ambient temperature is 40°F (4°C) and rising. Do not apply if ambient temperature will drop below 32°F (0°C) before adhesive dries. Adhesive that freezes is unusable. 3. Opened containers of B-500 Bonding Adhesive should be used within 48 hours. The adhesive will form a thick surface skin that will not re-dissolve; the remaining adhesive may solidify and be ruined. B-500 is currently approved for use on Foamular® Durapink-FA and polyisocyanurate insulations, structural concrete, plywood, and oriented strand board substrates. B-500 cannot be used with HP Recovery Board or Georgia Pacific Dens-Deck underlayment board. Note: Durapink-FA insulation must be installed with the polylaminate side facing down. 5. B-500 must be allowed to dry. Wet adhesive is gray in color when applied and will turu black when dried. ao Extended drying times of 30 - 60 minutes can be expected in cool, overcast, humid, shaded or late day applications. Drying times during sunny conditions are normally 5 - 15 minutes. The dried adhesive should remain tacky before assembly. b. B-500 must be dry to avoid permanent blisters from trapped moisture. Coated areas exposed to moisture or sheets closed while the adhesive is wet shall be allowed to dry and then recoated. 6. Immediately broom the bonded portion of the sheet with a soft bristle push broom to achieve maximum contact. Brooming is critical. B. Application Apply B-500 Bonding Adhesive without globs or puddles to both the membrane and the substrate to achieve approximately 100 square feet (9.3 m2) per gallon per £mished surface (on both membrane and substrate). On porous surfaces such as cement block, brick and wood walls, two coats of adhesive will be required. Apply the first coat at half the coverage rate to the porous surface and allow to dry. Apply the second coat to the porous surface and the first coat to the membrane at the standard coverage rate. 2. The adhesive may be applied with a hand roller, mechanical roller or mechanical sprayer. a. ROLLER APPLICATION Coy hand) 1) B-500 will build-up on thc roller cover due to excessive heat or residual dust reducing the coverage rate. This build-up can be removed by allowing the roller to dry then rolling over dry adhesive on the substrate. 2) Small pieces of dried adhesive may come off the roller occasionally; however, this will not hinder the performance of the adhesive. "Attachment III" ~P-A-95 1 bo Co MECHANICAL RG~_,ER APPLICATION - Follow manufacturer-~ safety and use procedures. 1) Remove all liquid (adhesive, cleaner, solvents) from the unit. Never combine B-500 with other adhesives or cleaners. 2) Flush unit with mineral spirits (do not use water) to coat all surfaces and minlmiTe end-of-day clean- up. 3) Use low pressure settings to obtain consistent coverage. MECHANICAL SPRAY APPLICATION - Follow manufacturer's safety and use procedures. 1) Airless spray equipment with a 1 - 2 gallon/minute (3.78 I - 7.5 l/minute) pump capacity and a maximum pressure of 3000 psi (211 kg/em2) is suggested. 2~ Tip sizes between .028' - .035' (.7 mm - .9 mm) provide maximum production with minimum overspray. Reversible tips are strongly recommended. 3) Flush unit with mineral spirits (do not use water) at the end of each day and store the guns in mineral spirits when not in use. Remove the mineral spirits prior to adding the adhesive. 4) Use the lowest possible pressure setting to obtain consistent coverage and minimi?e overspray. 5) A 14" - 18' (.35 m - .45 m) wide spray pattern with a 50% overlap is recommended to achieve a uniform consistent coverage. Backrolling is not required to obtain 100% coverage. 6) Remove all skinned adhesive from the pail or holding tank to reduce tip clogs. During application in temperatures over 80°F (26°C), float 1 inch (2.5 cm) of mineral spirits on top of the B-500 to prevent the formation of an adhesive skin. To refill the unit simply pour additional B-500 through the mineral spirits. "Attachment I~" APP-A-95 Sure-Semv/Brite-PlyTM Adhered Roofing System Attachment "IV" Membrane and Splice Repairs " May 1995 Pressure-Sensitive Flashing, when approved for repairs, must be limited to new installations only. A. REPAIRS OF CUTS AND TEARS (Surface Splice) Repairs to cuts and tears in the membrane must be accomplished by splicing a membrane section over the affected area. 1. Using a scrub brush, remove field dirt by scrubbing the splice area with warm water and a low sudsing soap; rinse with clean water and allow to dry. 2. Select a repair membrane which is the same material as that to be repaired. a. For areas where a section of the cured membrane has been cut and removed, the In-Seam Sealant must be placed 1/2 inch (13 mm) from all edges of the open area. b. For small holes, punctures, or tears in the cured membrane, the In-Seam Sealant can completely cover the damage with a normal bead, the sealant can be placed directly over the puncture. 3. When the repair membrane is uncured Elastoform Flashing, the use of In-Seam Sealant is not required. 4. Extend the repair membrane section at least 3 inches (8 cm) in every direction from the cut or tear. 5. Round the comers of the repair membrane and follow standard splicing procedures as outlined in the "Application" section. B. SPLICE REPAIRS Repair of Improperly Applied Adhesive Splices Improperly applied splices include, but are not limited to, missing In-Seam Sealant, fishmouths at field splices, overly dry or wet Splicing Cement or incorrect coverage rate. Pull any loose edges of the splice apart, re, apply splicing cement and mate the two surfaces together. Do not reapply In-Seam Sealant. Clean the splice area with Splice Cleaner on both sides extending past the width of the flashing to be applied. Note: Prior to cleaning with Splice Cleaner, when the membrane has been exposed to the elements for prolonged periods, remove field dirt by scrubbing the splice area with a scrub brush, warm water and low sudsing soap; rinse with clean water and allow to dry. Overlay the defective splice area with a minimum 6 inch (15.5 cm) wide Sure-Seal Pressure-Sensitive Flashing (black only) or uncured Elastoform Flashing® (centered over the edge of the splice). If fishmouths are present in the field splice, the fishmouth must be cut by removing the top layer of membrane prior to overlaying the splice. The flashing overlay must be supported by the bottom layer of cured membrane. "Attachment IV" APP-A-95 · '"C;a;tisle ~ynTec ]ncorpo~tated P.O. Box 7000 Carlisle, P~A 17013 , (717) 245-7000; FAX (717) 24,5-7053 bi,J l;tllf byll ! Ifu llUurporalea INSPECTION REPORT/REPAIR FOR WARRANTY Applicator: Rep: Job Name: Location: Owner. ,.. System = · . Drawing # · - Job Completion Date: Material .... - Job # _ · Square Feet 85-5-9,43 (REV. ;;%P. LISLF.'S CO~¥ REPAIRS COMPLETED ON Dale ~'~-~ Inspection No. 2.- EXHIBIT C JSI Rev. # ~-~ BY¸ Tach Rep .'~2<:' '"~.'[1-~¢-:!1~ Attending Roofer ~ Approved .../L-<) Rejecled I vi7 Reinspect f~o Carlisle and Elastoform Flashing are trademarks of Cadisle Corporation {:)1996 Carlisle Corporation ~:::).~'~(~/C[.~) PAGE 10' ! _ Date '2.°'5'?~ Tech Rep $-e,~ "~,~,d Attending Roofer ~ Inspection No. / Approved. hl'o Rejecled (See below) y'c'~' Re~spect ~ _ (y / N) JSI Rev. # / 1. E] Lap Sealant missing at splice edge. Repair:. Apply and feather Lap Sealant. 2. rq U-9-_; Missing termination at edge of membrane. Repair: Install appropriale termination per U-9 details. 3. C] The vertical splice is open / bridged. Repair: Cut away loose Elastoform Flashinge and apply Elastoform surface splice extending 3' past any cut or open area. Apply ~nd feather Lap Sealant. 4. [] Fishmouths in field splice. Repair: Cut away fishmouths / wrinkles in splice. Apply a surface splice extending 3' in all directions past cu~ area. Apply and feather Lap Sealant. 5. C] U-5-A, U-9-C; flashing not fastened 12' O.C. Reflalr: Fasten flashing maximum 12' O.C. 6. I-1 MFS-2, Minimum 2' splice not achieved from back edge of Seam Fastening Plate. Repair: Install new Seam Fastening Plates between existing plates and spaced 12' O.C. and overlay. 7. D MFS-8, MFS-14, U-16; Missing additional membrane securement maximum 12" away Irom penetration. Repair:. Install additional Seam Faslening Plates maximum 12' away from penetration and overlay per MFS specificalions. 8. [::] Verify Water Cut-Off Mastic has been applied under constant compression par Detail (s) . 10. [] Ballast weight / size does not conform to Carlisle's minimum specification (10 lbs. per square foot)~ Repair: Redistribute or apply additional ballast to conform to specified criteria. 1 I. [] Membrane securement missing at roof perimeters / inside angle changes greater than 2:12 slope / curbs / round penetrations over 18' in diameter. Reflalr: Install appropriate membrane securement and overlay. 14. [] U-6- ; Missing / loose drain bolts. Repair: Install and tighten all drain bolts to provide constant compression on Water Cut-Off Mastic. 15. I'1 U-16-__; Repair pourable sealer pockels so / water cannot pond / pourable sealer is cured / pocket has 1' clearance between penetrations and all sides of pockel and achieves 2' minimum depth. Thoroughly clean all penelratlons. 16. I-1 U-14-_; Field fabricated pipe seal missing deck flange / vertical wrap of Elastoform Flashing. Repair: Apply a deck flange of Elastoform Flashing and/or a vertical wrap of Elastoform Flashing achieving all minimum splice requirements. 17. [] U-15-_; Missing comer application of Elastofonn Flashing. Repair: Apply a minimum 9' x 9' Elastofonn pigear on inside corners per Detail U- 15-A/B/D, two wraps of Elastoform Flashing on all outside comers per Detail U-15-C, or apply Carlisle's Sure-Seal comer par Detail PS-15-F_./F. 18. r-i Non-Carlisle roofing material used in Cadisle warranted roof system. Repair: Remove non-Carlisle matariaJ and replace with Cadisle products. 19. C] Debris on the roof. Repair: Remove debris, check for damaged areas and repair. 20. r"l Surface splice missing at vertical splice at angle change. Repair: Apply a surface splice as per Detail (s) _ 21. [] Shop drawing inaccurate. Requirement: Submit a revised drawing lo the local Cadisle Regional Center. 22. r'l C~unter_flashing and the membrane with a sealant b~ othecs., [] HOLDUH RFW Item ~t for release by Manager, ech I~'--cal ~ervice. I hereby represent, with full intention that Carllele justll'iably rely hereupon In the Issuance of ita warranty, that the project described above now conforms in Its entirety with all Carlisle specifications, details and inslallatlon inatructlone. C rtisie SynTec INSPECTION REPORT/REPAIR FOR WARRANTY Applicalor: ..... : ... ,;ob Name: .. " ' ",' Syslem Material ' 'I _ Square Feet_ Rep: :- Drawing # ~ .. ' Job it, Date.__~..-..~'_~6 Tach Rep .~2'~' Atlending Roofel' Inspecticn No. ~ A~prov~ ~'~ Rejactod (Sec below} .~C' ~ Reinspect./~/ (Y i N) JS qav. ~.. ARRIVAL RATINS: I 2 3 4 5 6 7 ~0 DEPARTURE RATING: 9~ I 2 3 4 5 6 7 8 REPAIRS RECUbaED: ~ enlim r~f s~u!d bo choke'! to make ~re fi ~ls ~;~;~1~ S{~ifim~t~ns and D~lai~. Oe;~w a;e s~ne el · e~ Io~.v p~}r splici~ pr~urc~. " i. ~ Lap S >;irAn/mi=sir~ al sphce ';~le. Repai~: App y .md fn.31he- L~[: Soalanl. 2. ~ J-9-.. : M;s~.i.~ termipation ~: c~ of membrane. Repair: In=tall appr~d,~h~ ~erminu[ion ;er U-9 3. ~ The ve~icat ~pi~ :5 o~n ~ bHd~od. Repair: Cul away I~se Elastoform FEasting" and apply EJac. tc=orm sud~co s~:¢e ex~cr, d,n~ ;' {~;~ a~,y cu~ or o~n area. A~;y a~ leather Lap Sealant. 4. ~ ~hmouths ;3 field splice, Repnir: Cut away fi;hmob:h= / wrinklos ~11 ~plice. Apply g sudaco sp=;c3 o:dcndina 3' ~n all d~rcc~qs pa~' cc~ area. ~ and fea~hcr Lap SealanL ' 5. ~ U-S-A. U-9*C: f~a~ing ,Ol fnsle~od I;2' O.C. Repair: F~slen t~tshir~g maximum 12' O.C. 5. ~ MFS-2, Minimum 2' s~e no: ,~ch[eved frGin b;~c;, ed~n o[ Seam Fa~tcning Plate· Repair: :ns!a~l new ~m F~:;len:r:~l P~I~ cetween existing pb~les arid spac[~ ~ 2' O C. and oveday. Fa~tcc~ng ~lates maxim,m ;2' ~w,y ~rom ~:on~atr~li~n a~d ~o~aV per MFS C. ~ redly Waler C=:t-Ol[ Mast~ ha~ I)een a~l:ed under consign[ ~mpress~n per Detai! (s) ~0. ~ Bafi~t ~ighl: size d~s ~1 conform Io Ccd~e's ~cin~mum spe~35on (1~ lbs. ~r ~ua~o font). Repelr: Red~[d~u~e =- apply 11. ~ Membrane s~ur~ent raising ~ r~f ~rimelers ~ insid,g angle cha~es grealer than 2: ~ 2 s~pe / curbs ~ ro~d pt, celral~n~ ove~ 1 diameter. Repair: Insla~l appr~riate membranes se~rem~nl a~ overlay. 14. O U-6-...; M~sir,g / Ioo~ drain ~lls. Repair: Install and lighlen aR drain bolL~ fo ~o~e co~slan~ compression or, Wa:er Cut-Cfi MAshc. 15. ~ U-16-.. : Repair ~urab~ ~a~ef p~ke~ ~ / ~lcr ca~l pand / p~rab~e ~aler is cured / ~ckct has I" c~a={~e between Dr~=~:ra:~=~s and ~1 sides o~ ~r:~et ~,~ achieves 2' minimum dcplh. ~oroughly c~ean all ~netraflons. * ; G. ~ '.'-" .*- : Field lubricated pipe teal miss~g de~ qange ~ venial wrap of Elaslolomt Flashing. Repair: A~ly a decg tlang~ et Elas:ofom~ Flashing a~d.~: ,3 v~rtica! wrap of EI;tstofo m Faashb~ ach~dnq all m;r~,mum splice re~birements. 17. ~ U-15-..: M:ss;~ ~(ner aPp*:calion of E~slolorm F~shino. Repair: ~ply a minimum 9' x 9' E;~slefc~m p,~r ~ ~nsPJe ccmc~s U-15-~'~'0. two w~eps o~ E~;~glofc-p, Fiash;~g cn all oulrd~e c~rners per ~elail U.~5 C. o~ apply Cagis~o's Sure-Seal c~r~e~ F.3: Dc::{:I P~-~5-E,'F. 1 ~. ~ Debts cn the ~c~;. Repair: l~emovc debris. ~h~k for Camaged areas and ~p~{i~. 20. D Su~ace splice m~ss:.r~ ' '- , -- ~'*,* , . a ~.~.,, s~:~,e ~1 anq~c ~hange. Repair: A~p,y A Sud=~ce ~plicO as ~qr Data: 2~. ~ SI:up d=~wing ~ccurale. Requirement: [~;:bmit a revised dr,~wln~ to ~he I~1C~d=~le Regic~al - · .as,e~ e..,, .,.t p. ~e..,: ~ n ~et~ ' cm:nter qashln~ ~nd fl~e n~:mb~an~ w,~ n sealnn~ by otn?s. =3. ~ · E] ; J'.'~[ :.:"'!" II.:W Ii,;-; :, ..... ' ' *";'::'- :':" !'y M.";';:'. r,. Tr...-?n-r.:: ~.~,;'.';r.~.?. I hereby represent, wdh full intent;or. Ihat Carlisle justifiably rely hereupon in the i.~suance of tls w.arrant'),, thai the pm!cc: E.".~¢~;L~%--: above now co,foetus in ;~$ entirely with ail C,'tr~iS!O specifice, tions, do,ail.4 a.~d msta:':ation ~nstruc'.ion-.. PAGE ! cf__.~. il," ~adil~. PA 17013 Carlisle SynT . Incorporated Applicator: Rep: INSPECTION REPOR'r/REPAIR FOR WARRANTY 0a,,....2-3"7~ Tech Rep ~;r ~,fKJ,~ Allendlng Roofer_ ~,~/ Irdpection No..~1 Appr°ved--J~'~' LRajecled (~ ~ow) l/~ Reinspecl...A/O (Y I N) del Rev. I~ ARRIVAL RATING: 1 2 3 4 5 6 7~9 10 DEPARTURE RATING: 1 2 3 4 5 6 7 8 9~) . . I 2. ~ U-~ .' Missing termina6on et edge of membrane. Repair: install apt~¢oprlate termination I~r U-9 clot;as. 3. C] The ve~'tlcal spree is open / brioged. Repair:. Gut away loose Elaslofoml Fla&hing~ and apl~y Elastofo~m su~ace ~ofice exler~ing 3' pasl any or oflml area. Ap;dy and fealtmr Lap Sealant. 4. C] Fishmouths in field sprce. Repair, Cul away li~hmout~ ! w~nldas in splice. Api:~iy a surface splice extending in all cra'actions ~ ~ut area. Ap~F/and fealher Lap SealanL 5. C] U-S-A. U-g-C: f',as~ not fastened 12' O.C. Repair: Fasten flashing maximum 12- O.C. ~ C/ MFS-2, Minimum 2' splice no: achieved Item bac~ edge of Seam Fastening Plate. Repair: Inet;Il new S~am Fastenlr. g Plale$ between axisGng plates and spaced 12' O.C. and overlay. 7. C] &IFS-8, MFS-Id· U-16; Mi~ing addi~ortal membra.,'w securement maximum 12' away tram penetration. Repair: In~tall ad~il~nal Seam Fasten;rig Plates maximum 12' away tram penetration and ovoday per MFS spef.-il~.atiotts. 8. C] Var.'fy Water Cut-Off · 1~dtic has bean app~eo under constant compression per DeMII ~0. O Ballast weight / size does hal co~orm to Carlisle's rn~nimum specilica~ (10 lbs. per square foot). Repair:. Redlsldbule Or ~op/y a~l~tkx',al ballast to con/arm to specir~ cdleria. 1 !. r', Me~l~-ane securemer.! missing · · · . cliar,.eter. Rope;t: at roof perimeters I ~.,'~s~e angle changes greater elan 2~*, 2 sl~e / cud3s I round Pene~rat;ons over 18' in lnslall .%opm~'iate membrane securement and overlay. 14. l-1 U-6-__: M/ss~ng/loose drain I~lls. Repair:. Instep ar d ~ghten all drain bolt; Io .q3vk:le con · IS. r1 U t6 Repalr poura~e sealer pocket; so / water cannot pond / peurable ae~;r ia cured all s~dea of pocket and achieves 2" mL-~imum Thoroughly clean al; Penetrations. 15. 1:3 U- t 4-.._; Field fabricated pipe seal n~ssing deck II~nge / ve~ical wrap of ~laslofen, n Flashing. Repair': AppLy a d;ck liar, ge al' Elasto~onn Fla.~ng and/or a vertical wrap of E~astoform Flashing achieving alt minimum ~olice requirement;. 17. a u.15~: Ivl~ing comer ap;lica~on o/ Elaalolonn Flashing. Replir: Ap;ay a minimum 9' x g" Elaltolorm plgem' on ~.s~e c~2,'neea per U- t S.~'8/D; ~ve wraps of Elastofo~m Flashing on ail Oul$ide comers per Date;I U-15-C. or apply Carlisle's Sure-Seal comer per Detail PS-15-E/F. 18. C] Non-Carl~e reeling malapai used in Carrtsle warranted real system. Repair: Remove non-Cad~sla mate..fal and replace wl~ Cadlsle t?. ~ Debris on the roof. Repair:. Remove de~';i, check for damaged areas a~l repair. 20. C3 Sub. ace spl;ce missing at venical splice al ang;e ~ar. ge. Repair:. Apply a suvaco Sr. Jice ~s per De{alt (s) 21. O Shop (~rawing ia. accurst;. Requirement: S,.~mi: a revisecl dra~ng lo ~e local Carlisle Regional CenMr. ~2 C] Caulk a~ :aster. era ~at penetrate a maim caen. tar flashing and the membrane with a sealant by other~. C] HOLD!!!! RFW Item ~_.___._ for release ~/Manager. Technical Sen'ice. I her~.by rel~reaenL with tull intention that Carlisle justltiably rely hereupon In the Issue, tee at Ire warranty, !F. at the project described above now conforms in Its entirety with all Carlia:e specifications, details and installation instructions. REPAIRS CCUPL._-T..aD ON _ BY. T.~q Rep Al!ending Reefer__ A;~ove¢. Re~ected. ~ Reins~cl C~isle a,~c ~lastc/o~ Fla~ ate trodema~s of Carlisle Co~o~t~n ~1 g96 Ca;gs;e PAGE 1 aL / JSI/ll~v.~__ ~. ~af, sle §y. Tec ~:omo~ated Ca~l~o. PA 170t3 Carlisle SynTec Incorporated INSPECTION REPORT ! REPAIR FOR WARRANTY Applicator: _ .~l ~4~:ff L.'ll.l.'-.l~-':l;.l I:1;': I,.d--IIIL~' ::'~: .JobName: ~-'..-E.~":i-' ~",~'-- :!~i -it t.., .... '. It'..~/ ,~'l, I I:l?.t:.-.:.-'~-~. ':'.;1', t',~li~;.: Location: . ~-: :.-.:,:t,i.--, :~-~ ~-i .... 1~,',~ Owner:. t~.. i ~-..::-,-.,, ~,l-I ,;~.t-,.l; ~ ..... :.:;!.l.:%l,tl E:.: :~:-:';System fa _ Material . lEe, ti ~- Square Feet Rep: o.i;:';'-.:,.~: ~.~E .a; : I: :.E.-'-,;' ... t:; '. ;Drawinglt ~,.-.'.,,;-.. *~i, Job# .~.: .,..,' ~:,..~;,-: ,.;:-:,-:.;: ':.. 1-",:: ;,. , ;.- -,~. Job Completion Date: ,~ ;i;~-:, ~' :.; ' -'o .' Date 'Z'~ ~ Tach Rap ~'7 ¢' ~ Attending RoD!er ~ Inspection No. [ Approved ~ Rejected (See below) /~o . Reinspect NO. (Y ~ JSI Rev. g_g.__. ARRIVAL RATING: I 2 3 4 5 6 7'( 10 DEPARTURE RAtiNG: 1 2 3 4 5 6 7 6 REPAIRS REQUIRED: The eqtira mo/should be checked to make sure it meals Car#de Spec~r~calJons and 0etalls. Below we ~ el the repel= It~t muot be made. To ensure proper aplicing pr~ to maldng mpa;~ all membranes and flashings must be cleaned with soap and water. ~ and then follow proper ~plicing procedures... 1. r'l Lap Soalan! missing at splice edge. Repair. Apply and feather Lap Sealant. 2. C] U-9-_; Missing termination at edge of membrane. Repair: install appropriate termination ~,er U.9 details. 3. r'i The vertical space is open / oridged. Repair:. Cut away loose Elastoform Flashing~ and apply Elastolorm surface splice extendic3 3' past any cut or open area. Ala31y and feather Lap SeatanL 4. n Fishmouths in rmld splice. Repair: Cut a~,my flshrnouths / wrinkles in ophce. App,/a sudace splice extending 3' in al directions past cut area· Apply and leather Lap SealanL 5.[3 U-S-A, u-g-C: flashing riel fastened 12' D.C. Repair:. Fasten flashing maximum 12" D.C. 6. rn MFS--". Minimum 2' ~olice not achieved Irom back edge o! Seam Fastening Plate. Repair: ltd.:/ah new Seam Fastening Plates between existing plates and spaced 12' D.C. and overlay. 7.0 MFS-~J. MFS-14. U-16: Missing additional membrane securement maximum 12' away from penetration. Repair:. Install addilional Seam .'-:.lo~itt. g Plates maximum 12' away from penetration and oveday per MFS specir~aU, ons. 2. C: '..' :,-il7 Water Cut-Off Mastic has been applied under constant compression per Detail : 3. LT. ~.: :': s.'.: ;~ight / size does not con:orm to Carlisle's minimum specification (10 lbs. per square 1DOlt. Repair. Redistr~ute or apply addilienal ballast :~ conform to specified cdte.-~. 1 I. O Membrane securemenl missing al roof perimeters; inside angle changes great~' than 2:12 slope / cufl~ ! round penetrations over 16' in cfia~e:-'::. Repair:. Install approl~'iate membrane se:ummant and overlay. · · - .-:- · Missing / loose drain baits. Repair Install and tighten all drain bolts to provide constant compression on Water Cut-Off' Mas~c. : .:. ~ U-~ 6-~: Repair pourable sealer pockets so / water cannot pond / pourable sealer is cured / pocket has 1 clearance between panehalions and all s!des o! pocket and achieves 2" minimum depth. Thoroughly clean all penetrations. 16. O U.14-~: Field tabr[cated pipe seal missing dec.~ Ilange / vedJcal wrap °l Elas!olonn Flashing. Repair: Apply a deck flange of Elastolo~rn Flashing and/or a vertical wrap (~f Elaslol3rm Flashing achieving all minimum splice requirements. :7. C; U-tS-.~: Missing corner application el Elastcfom~.. Flashing. Repair: Apply a minimum 9' x 9' Etastoform plgear on inside comers per D~taJl U.1S.A/8/'O. two wraps of Eiastoform Flashing on all outside comers per Detail U-15-C. er apply Carlisle's Sure-Seal comer per Detail PS-1S-E/F. · 8. C] Nor-~a~lisie roofing material used in Carlisle warren:ed rc, of system. Repalr: Remove nen-Cadis=e material and replace with Cadisle products. I.~. ~ Debris on the reel. Repair: Remove clebris, cnec.k lot damaged areas and repair. 20..~ Surface s~.r~e missing at ven.~cal splice al angle change. Repair: Apply a surface splice as per Detail .~s~ 21. [3 Shop drawing inaccurate. Requirement: Submit a revised drawing to the local Carlisle Regional Cec:~,r. :)2. [] Caulk all !asteners that penetrote a metal counter Ila~hing and the membrane with a sealant by [ ,., .mi HOLO!!!! RFW item # ~ Ior release by Manager. Technical Service. I hereby represent, with full Intention that Carlisle lustltiably rely hereupon in the issuance of its warranty. [hat the prolec! described above now con!Dams in its entirety with all Carlisle specifications, details and installation Instructions. Inso .~cliO~ NO REPA!RS COMPLEIED ON .Tec!, Rep AtlondLng Roofer Aopr.~.-ed Reiected Re~spect Carlisle and Elas:olo.'m F!ash:ng are trademarl,.s el Carl,sle ~1.9'36 Ca,isle Corporation. PAGE I o! / - JSl Rev. i/~i .... Oyll I ub IllUUrpuruiULi · C~is'le SynTec Incorpodaled P.O. Box 7000 Carlisle, PA 17013 · (717) 245-?000: F~3((~17) 245-7053 INSPECTION REPORT I REPAIR FOR WARRANTY Applicator:. Rep: Date Job Name: Location: Owner: System .. Drawing # Job Completion Date: Material Job # Square Feet Tach Rep ~' Attending Roofer /,~,~/'~'- Inspection No. I Approved ,, tJu Rejected (See below) ~ Reinspect ~e'3' ~ N) JSl Rev. # ARRIVAL RATING: I 2 3 4 5 6 ? 8~10 DEPARTURE RATING: I 2 3 4 5 6 7 1~10 REPAIRS REQUIRED: The entire roof should be checked lo make sure It meets Carlisle Specifications and Details. Below are some of the repairs that must be made. To ensure proper splicing prior to making repairs all membranes and flashings must be cleaned with soap and water, rinsed and dried, then follow proper splicing procedures. 1 ,,~Lap Sealant missing al splice edge. Repair: Apply and feather Lap Sealant. 2.,~' U-9-__; Missing termination at edge of membrane. Repair: Install appropriate termination per U-9 details. V-~-t'~ '"lS~¢:k~lz. ~ 3. O The vertical splice is open / bridged. Repair: Cut away loose Elastoform Flashinge and apply Elastoform sudace splice extending 3' past any cut or open area. Apply and feather Lap Sealant. 4. r'l Fishmouths in field splice. Repair: Cut away fishmouths I wrinkles in splice. Apply a surface splice extending 3' in all directions past cut area. Apply and feather Lap Sealant. 5. [] U-5-A, u-g-c; flashing not fastened 12' O.C. Repair: Fasten flashing maximum 12' O.C. 6. [] MFS-2, Minimum 2' splice not achieved from back edge of Seam Fastening Plate. Repair: Install new Seam Fastening Plates between existing plates and spaced 12' O.C. and overlay. 7. r-I MFS-8, MFS-14, U-16; Missing additional membrane securement maximum 12' away from penetration. Repair: Install additional Seam Fastening Plates maximum 12' away from penetration and overlay per MFS specifications. 8J~Verify Water Cut-Off Mastic has been applied under constant compression per Detail (s) U'-~'"A' ~,r3L~13:~lr,, ~'~.~ 10. r'l Ballast weight / size does not conform to Carlisle's minimum specification (10 lbs. per square foot). Repair:, Redistribute or apply additional ballast to conform to specified criteria. 11. [] Membrane securement missing at roof perimeters / inside angle changes greater than 2:12 slope I curbs / round penetrations over 18' in diameter. Repair: Install appropriate membrane securement and overlay. 14. r'l U-6-_; Missing / loose drain bolts. Repair: Install and tighten all drain bolts to provide constant compression on Water Cut-Off Mastic. 15. [] U-16-__; Repair pourable sealer pockets so / water cannot pond / pourable sealer is cured / pocket has 1' clearance between penelrations and all sides of pocket and achieves 2' minimum deplh. Thoroughly clean all penetrafloae. 16. [] U-14-_; Field fabricaled pipe seal missing deck flange / vertical wrap of Elastoform Flashing. Repair: Apply a deck tlange of Elasloform Flashing and/or a vertical wrap of Elastoform Flashing achieving all minimum splice requirements. 17. [] U- 15-_.; Missing comer application of Elastoform Flashing. Repair: Apply a minimum 9' x 9' Elastoform pigear on inside comers per Detail U-15-A/B/D, two wraps ot Elastoform Flashing on all outside corners per Detail U-15-C. or apply Carliste's Sure-Seal corner per Detail PS-I 5-E/F. 18. [] Non-Carlisle roofing material used in Carlisle warranted roof system. Repair: Remove non-Carlisle material and replex=e with Carlisle products. 19. [] Debris on the root. Repair: Remove debris, check for damaged areas and repair. 20. []~Surface splice missing at vertical splice at angle change. Repair: Apply a surface splice u per Detail (s) 21.~i~r Shop drawing inaccurate. Requirement: Submit a revised drawing to the local Cadisie Regional Center. 22. O Caulk ~l fasteners that perj,etrate a metal counter flashino and the membrane with a sealant by others. [] HOLD!H! RFW Item #~ for release by Manager, Technical Service. I hereby represent, with full Intention that Carlisle justifiably rely hereupon In the issuance of its warranty, that the project described above now conforms In Ils entirety with all Carlisle specifications, details and Installation Instructions. Date Inspection No. 85-5-943 (REV. 9/96) ~.',~.to_~- ;.., REPAIRS COMPLETED ON BY.. __Tech Rep Attending Roofer Approved Rejected Reinspect Carlisle and Elastoform Flashing are trademarks of Carlisle Corporation ¢3t 996 CaHisle Corporation JSI Rev~ . . bi:lrll ll Oyll I IIIUUIpUli:ILUU · Carlisle SynTec Incoq)odated /AO~ ~ P.O. Box 7000 Carlisle. PA 17013 , INSPECTION REPORT I REPAIR FOR WARRANTY .~ ::~ I ; '::''-':". ~ ' ·:: ; I..'~ ;;;;' I~, ; !.'[.:-;,.~:;: . Job Name: , ,'- .-.,; '. ;.. i ~: ., .. , 'i:, ;. I .... · ',. ,. ;.. . ;.. Location: .. ' ' Owner. ; ''~ i :': :., ·,;.: ,..; i' :"'' ':"' ~' ;I ' - ,.: ...., ; ....... ; .....,, :iS)'stem Material . -.r. , : ......................... -. :..: .:: ........ .. I~r~wing# ~;: ;:'":: .... : :' ' Job#. : ...."'";' '"':' Job Completion Date: ' ';' ' '" ' '-'" ;" ; ,-.. ,7' ;., Date ~&Jt'~'JR<I TechRep ~--~* ~A~-~}~.t J '_q I1-1 AttondingRoofer. -~ Inspection No. I Approved -.~ o Rejected (See below) ~ Reinspect~ (y / N) JSI Rev. # ARRIVAL RATING: I 2 3 4 5 6 7 8 9 10 DEPARTURE RATING: I 2 3 4 5 6 7i~;) 10 REPAIRS REQUIRED: The entire roof should be checked to make sum it meets Cadisle Specifications and Dat=,ls. Below are some of the repairs that must be made. To ensure proper splicing prior to making repairs all membranes and flashings must be cleaned with soap and water, dnsed and ddecl, lhen follow proper splicing procedures. 1 .~Lap Sealant missing at splice edge. Repair: Apply and feather Lap Sealant. 2. C] U-9-~.; Missing termination at edge of membrane. Repair: Install appropriate termination per U-9 details. 3. [] The vertical splice is open I bridged. Repair: Cut away loose Elastolorm Flashing~ and apply Elastolorm surface splice extending 3' past any cut or open area. Apply and feather Lap SealanL 4. I-I Fishmoulhs in field splice. Repair: Cut away fishmouths / wrinkles in splice. Apply a surface splice extending 3' in all directions past cut area. · / Apply and feather Lap Sealant. 5.1D U-5-A, U-9-C; flashing not fastened 12' O.C. Repair: Fasten flashing maximum 12' O.C. U,-e'~,~.~ e~,~. 6. [] MFS-2, Minimum 2' splice not achieved from back edge of Seam Fastening Plate. Repair: Install new Seam Fastening Plates between exisling plates and spaced 12' O.C. and overlay. 7. n MFS-8, MFS-14, U-16; Missing additional membrane securement maximum 12' away from penetration. Repair: Install additional Beam Fastening Plates maximum 12' away from penetration and oveday per MFS specifications. 8. [] Verify Water Cut-Off Mastic has been applied Under constant compression per Detail (s) 10. [] Ballast weight / size does not conform to Carlisle's minimum specification (10 lbs. per square foot). Repaic Redistribute or apply addi~onal ballast to conform to specified criteria. 11. n Membrane securement missing at roof perimeters / inside angle changes greater than 2:12 slope ./curbs / round penetrations over 18' in _ /diameler. Repair: Install appropriate membrane securement and oveday. 14..~E]~,U-6-__: Missing / loose drain bolts. Repair: Install and tighten all drain bolts to provide constant compre~ion on Water Cut-Off Mastic. 15.'E~ U- 16-__; Repair pourable sealer pockets so / water cannot pond / pourable sealer is cured / pocket has 1 clearance between enetrations and all sides of pocket and achieves 2' minimum depth. Thoroughly clean all penetrations. P 16. I-1 U-14-_; Field fabricated pipe seal missing deck flange / vertical wrap of Elastoform Flashing. Repair: Apply a deck flange of Elastoform Flashing and/or a vertical wrap of Elasloform Flashing achieving all minimum splice requirements. 17. [] U-15-__; Missing comer application of Elastolorm Flashing. Repair: Apply a minimum 9' x 9' Elastoform plgear on inside corners per Detail U-15-A/B/D, two wraps of Elastoform Flashing on all outside comers per Detail U-15-C, or apply Carlisle's Sum-Seal comer per Detail PS-15-E/F. 18. [] Non-Carlisle rooting material used in Carlisle warranted roof system, Repair: Remove non-Carlisle material and replace with Carlisle products. 19. O Debris o~ the roof. Repair: Remove debris, check for damaged areas and repair. 20. n Surface splice missing at vertical splice at angle change. Repair: Apply a sudaca splice as per Detail (s) 21. [] Shop ckawing inaccurate. Requirement: Submit a revised drawing to the local Carlisle Regional Center. 22. q/C~lk ~l~K[~ast, e. ners th,~t penet, .~._el metai~counter flashing and the membrane with a sealant by others. 23.~_ ~ .v D~.~L ~c~.~ ~L ~..t' ~-"~ ~.[.'~ - -~e~.~C ~ ,~;~,, I~ [] HOLD!Il! RFW Item # for release by Manager, Technical'Service. ' ' ¢ I hereby represent, with full Intention that Carlisle Justifiably rely hereupon in the Issuance of Its warranty, that the project described above now conforms in ils entirety with all Carlisle specifications, details and Inatatlatlon Instructions. , REPAJRS COMPLETED ON BY. Inspection !~1o. '~[,,. Appr°v~ - ~ Rejected ~ Roinsp~c~- A ~ · , JSI Rev. Carlisle an~Elastoform Flashing are trademarks o! Carlisle Corporation ~1996 Cadisie Corporation I '~/i/l / FO'~ PAGE 1 of., Applicator: Rep: FORM 65-5-~13 (REV. 9/96) CARLISLE'S COPY ·, ... l CII II IG Oyll I Gb IlibUIpUl t Carlisle Syn?ec InCorlx~ated P.O. Box 7000 Carlisk~, PA 17013 ' (717) 245-7000: FAX (717) 245-7053 INSPECTION REPORT I REPAIR FOR WARRANTY Applicator: Rep: : i ;,.....' System ' ' Material . ,... ii ~ ~,' Square Feet :'"; ;" ' :~'r~.wing # ' ;"*"' '"'";'; r-.: -,., Job tit ...... "; '"';" ~"-; Job Completion Date: '"" *' ~ ~ ;~"- '" '; :' · ' '~;': Ins~ction No. [ Approved ~o Rejected (See ~low) ~ Rei~~ (Y / N) JSI Rev. ARRIVAL RATING: I 2 3 4 5 6 7 8 9 10 DEPARTURE RATING: I 2 3 4 5 6 7 ~0 REPAIRS REQUIRED: ~e entire r~f s~M ~ ~ked to make sure it meets CarlYle S~a~s m~t ~ ~de. To ensure proper s~ing ~or to ~ng repaim all me~mnes a~ ~s must be ~an~ ~th ~p ~ ~ter, ~ ~ d~, th~ f~w proper ~i~ng 1. ~ ~p Sealant missing at splice ~ge. Repair: ~ply and ~eather ~p Sealant. 2. ~ U-~_; Mi~ing le~ina~ al e~e of membrane. Re,ir: Instil ~pmpriate te~ination per U-9 de,ils. 3. ~ ~e ve~c~ s~ice ~ ~ / b~ged. R~aic ~t away I~se Elastoform Fl~hin~ and ~ply Elastofo~ suda~ ~ice e~e~ or open ama. ~p~ a~ fearer ~ SealanL 4. ~ F~hm~s ~ field split. Repair: ~t away I~mou~s / wrinkles in splice. Apply a ~da~ splice e~ending 3' in all di~ p~ ~t ~ea. . ~p~ and feather ~p Sealant. 6. ~ MFS-2, Mtn~ 2' s~e ~t a~ieved fr~ back ~e M Seam Fast.lng P~te. Repair: InMall new Seam F~t~i~ P~tes baleen existi~ plates and spa~ 12' O.C. and oveday. 7,~ MFS-8, MFS-14, U-16; M~ additional m~e ~cumment m~im~ 12' a~y fr~ penetra~on. R~IIE Inslal additio~ Fastening P~les ~imum 12" away Ir~ penetm~n and oveday per MFS 8. ~ VeH~ Water Cul~ M~tic has ~en appli~ under ~ns~nt compression ~r De~l (s) 10. ~ Ballast weight / ~ze d~ not ~rorm to Carlisle's minimum specifi~t~n (10 lbs. per square IDOl). R~alr: R~bute or apply a~ ba~aM to c~f~ to sp~ified criteria. 11. ~ Memb~ne securement ~ssing al mo~ pedmetem / inside angle ~anges greater ~ 2:12 slope I ~s / round ~alio~ over 18' in . ~meter. Repair: Insall ~pr~Hate me~ra~ securement and ~e~ay. 4.~U~-_.; Mi~ose drain bo~s. Repair: Install a~ tighten all drain bolts to provide ~t~t ~re~ion on Water Cut-~ MastE. 5.~U-16-~;~ep~rable ~aler ~ets ~ I water ~ot ~nd / pour~le sealer ~ cured I ~kel has 1 ' cleara~e be~n penetra~ ~d all sides ~et a~ achieves 2' min~um dept. Thoroughly clean 811 ~netmtlon8. 16. D U-14-._; F~ld fabr~t~ pipe seal mi~ing d~k flange / vedical wrap of El~lobm ~shing. R~alr: A~ly a d~k ~ge M El~tofo~ ~ing ancot a veAical wrap M El~tofo~ Flashing ach~vi~ afl minimum spl~ mqulm~ts. 17. ~ U-15-~; Mis~ng comer ap~ati~ of Ela~otom F~shing. Re.ir: A~ 8 min~um 9' x 9' Elastofo~ pigear on im~ ~mem U-15-~, ~o ~ps ~ Elastofo~ F~shing on all outside corners ~r De~ll U-15~, or appN Ca~isle's Sum-Se~ ~mer ~r ~1 P~I~. 18; ~on-Cad~le r~fing ~terial u~ in CarlYle wa~nt~ r~f system. Re. Ir: Re~ve non-Carlisle mater~ a~ m~ace ~ ~diNe pr~. 19.~ Debr~ on I~ roof, Repair: Re~ve ~ds, ~k lor damag~ areas and m~ir. 20. ~ Sudace s~ice m~ing at ved~l sHice at ang~ ~ange. Repair: ~ply a sudace spE~ as ~r Detaa (s) 21. ~ Shop drawi~ ina~urate. Requirement: Su~it a revised drawing Io the I~1 Cadi~e Reg~nal Center. 22. ~,Caulk all fasteners th~ penetrate a meal ~unter (lashing and the mem~raae wi~ a sealant b~th~.. ~ HOLDI[fl R~ Item ff~ for release by Manager. T~hni~l Se~ice. I hereby reprmnt, with full int~tlon th~ Carlisle JustEiably rely ~reupon In the I~uan~ of I~ warmn~, ~ tM pro~t dHc~d n~ve now coMo~s in i~ enUm~ web all Carlisle s~clflcalions, ~il8 and Ins~ll~ion Inatm~lons. REPAIRS COMPLETED ON BY Date {~"' IF'~'~ Tach Rep ~?~' ~.~'Ib'~ Attending Roofer ~. Inspection No. ~- Approved ~ Rejected ~ Reinspect ~ Cadisle and Elastoform Flashing are trademarks of Carlisle Corporation ~1996 Carlisle Corporation FORM aS-S-~*S (nEY. 9~6) PAGE 1 of__ CARUSLE'S COPY JSI Rev..~_~ ". '.:- · .e~ P.O. Bo~ 1'000 Impeetian No. , I ARRIVAL RATING: INSPECTION REPORT I :EPAIR FOR WARRANTY ' DIl~i~ # ~'; N dob#~ IuUVHuuJ~ 1234567~10 AIMndimj Floa~e~ RATING: tenm~atlon per U-g de~le. splice. Apply a ~urface splk~ ox~efldiflg 3' in ali dl .recl~ pesl cul ali. maadmum 12' O.C. '" mmdrm..m 12' away Imm '~motm~on. ikepdn Ifletafl uddAioflul Seem De~l (~) (IO lbs. 13er square faot). Rglmlr: P'e~lem ai3l~/addJliOnel ---' ~ 2:12 slooe I curbs / round pefletruli~ ~v~ ir ~ se4dm is cured I P~;~e~ I~as ~" clear,ice betmmfl .oe~mllJOm md pmmr,tlonu. 20. 0 ?J~-'v sl~ce mm~ing id veflk:~ splJc~ ed ~ ch.e. n~c ~ a ~ ~ ~ ~ D~ (s) ' 21.0 ' . . . P^.'E AGEI c~ TOTRL P. 82 EXHIBIT D ,,-.¥. · C.a~slep.o. ~7o~SynTec Incorportated Cl4~e. PA ~70~3 ~17} ~'4~-?000. FAX (717} 24~-Z0~3 ' ~ INSPECTION REPORT / muir I~ mede. To en~Jm ~ ~lc~ng p~ef to ming r~ III ~ :IEPAIR FOR WARRAN'rY DEPAITrURERATING: 1234567~10 nbmn~ ;md f~l~hing, mu~ be cleaned w~h ~ and wirer. ~ Ir.J dlild. ~ Sealm-4. appm~3rJmte term~lOo~ per U-O de~. V-~'-~.~ "~Mc:K~t- ~ : ~ a Mrfaoo sp~ce lis I~r C)ma~ ($): ng to the ~3t ~e mombm~ / TOTAL P. 01 must ~l m~M. To ef'lur~ ~ sIM~tng prior ~3 ~flg ~ ~ m ~ ~ f~er ~ ~aflL 4.~ ~ M ~ sp~. ~8ir: Cm away Cartsie and E~to~rm Flashi~ j~ly a iwface,~ice OS per ~ f~l} __ the lOCal Cmlwle Regioflll C.~nt~'. ~" "'7:'~'::. '- . :"-';: ' Attendin~¥~let ~_ ed P. mnap~ JSI FMv. · ~ of__ TOTRL P. ~ INSPECTION REPORT I RE~AIR FOR WARRAN, f , .... ,.. :,..., '"""" ~'"u" ~'~.~o'_ ~b" ..... " ........... -- ~ ~_. ,L~-.;¢' · .';~. : ~' -.j · ' '-'""°'"~- Rep:. ~: · ' Cadisie Syn~ec C, ad~, PA 170S3 , (7~7) 245.-T000: FAX ~71 ~46.7063 i HEPAHIS RIQtJIRED: '1~ entire roc~ ~ ~ ~ ~ ~ sum 4 ~ 2. 0 U-g-.. ,; Missing lon~matlon at edge of memlxane Repair:. Install approl ~AIR FOR WARRANTY b Name: c-a~on: rvTler:.. . ~ _ . . ,. ,:- ,j ~em ,:. ,, .,:. ,;.~ ..~. ,en~ awing # 'm ~ · ~, ~p~aon Date: Mend~q R~er I '~RERA~G: 1 2 3 4 6 G 7 ~10 ts Carllr,.le Speaflc~op4 ~d DeW. BelOw ur1 ~ame G trv:l flL~,~flgs mus~ be Cle~od w~ lGtp &rd W. rjr, oKI nd erJed. IL ~te tem~nal~ per U-9 deW~ 3. 0 The verti~d ~:)lme ~ ol~n I bdd~ed. RepMr: Cut a~y I~ Ems~ :~ a~ ~ 40 F~~Se~.~:~Yf~e/~n~ pl~ A~B~d~o 6 ~ MFS2. M~imum 2" spEce not ~veO from ~k ~ of 5~ ~ ~ ~. 7.~ M~". ~14. U-t8; M~ ~1 me~r~ ~r~ ~ ~um 1~ sway n per De,aa (s) (10 Itm. per square foot), riel)Mr: Recrmlnbutm or apply mddJtion&l gm~ter Ih~ 2:12 sk~e I cmos / round pe~,~mbafw, mmr 18' in Faslefling PlMel maxm'.um 12' ~way from pe~e~fa~a~ src oveMy per k 6. O Ve~ Wmer C~ MM~ his ~n ~1~ ~ c~i ~esM T0. 0 ~ ~M I ~e ~ ~ ~ ~ ~o's m~m ~t~f 11. ~ M~ ~~ ~ M ~ ~n~e~ ~ ~e ~ ~e~ . ~d~metw. flq)lk: InsWI ~;~,-o~tate mem~rar~ securement and .(~. I~y 1 &.~,JJ-6-__~ M'~q~la~se dri, n bolts. Re;mir; In$1all and tighten Bi drMn bc 15."~r U-t 6._.:if~".pel~cmrable sealer pockets so / Braw cannot pond / pourat adl ~cl,J~ ~ ~xl ~chioves 2' minimum depm. Thmougldy ck~n · 10 C) U-14-__; F, eid fabfical~l pipe seal m~tng ~ ~ I v~c~ wr~ al ~m a ~ w~ M ~ F~ ~ng ~1 ~m ~ 17.~ U-15~: ~ ~m ~n of ~m Fl~h~. ~: U-~D. ~ ~ ~ E~ F~ng m all out~e ~ ~r 16. ~-~s~ ~ ~o~ u~ ~ ~d~e wlrrent~ ~f sy~em. ~ ~0.0 Sudace splice rmsr, Jng at ~edlcal lpllce it angJe d~ange. Reimic daqMy; su~sce s~lce as per Oeta;I (s) 21. ~ Shap drawing inoc:c~rulo Ibqulromm'~: Submit s revl$od drav~n0 tO t~e local CBflisle Regmmd ~enter 22 O,,CaukGIn f~menms ~ penetm~ s~etsJ c~unte~ ~a~,n.g ~ ~e memb r.~e,w~ · seaJam bl~athgm, t J i · .~'~. t',,~, i.-.:'~' - ~v c,'-" 2'~.'1~ ,,~o,~,u,..; P-~ . '~j : _ .; .... f, .... 2'~ ~/ "~.~ ,:~'~' .~,-,.t.: ~ :., ~,. - A:; u-.'< lo,~/~, =,:. 7. ~1...-.~ , .c -~1 ' and E1u~'tolorm Fle.~hing are t O1 g96 Cm't~ · PAGE 1 o4. , ~den'mdcs ol P~rhsle ~:mrlbon .; ROOFER'S COPY SERIAL NO. TS TS15442 EEU. I CARLISLE TEN YEAR TOTAL ROOFING SYSTEM WARRANTY BUILDING OWNER: RI UER CLUB ASSOC I ATES, LLC. NAME OF BUILDING: EDGEWATER RESIDENTIRL PRO3ECT BLDG,! AB~980051H BUILDING ADDRESS: EDGEWATER, NJ ~SI/REU. DATE OF COMPL~ION OF THE CARLISLE TOTAL ROOFING SYSTEM: 09/29/92 DATE OF ACCEPTANCE BY CARLISLE: HRRCH 2~, CaHisle SynTec Systems, Division of Carlisle Corporation (CARLISLE) warrants to the Building ~ner (OWNER) of Ihe a~ve de~dbed building, thal; subject to the terms, conditions and limi~tions stated in this warfarin. Carlisle will repair any leak in the Ca,isle Ten Year Total Roofing System (CARLISLE TOTAL ROOFING SYSTEM) ins~lled by a Ca,isle Authorized Roofing Appl~ator for a pared of 10 years commencing with the date of Carlisle's a~eptance of the Cadisle Total Roofing System installation. However, in no event shall Carlisle's obligatio~ e~end beyond 10.5 years subsequent to the date of substanlial completion of the Cadisle Total R~fing System. See below for exact date of warran~ expiration. The Carlisle To~l R~fing System is defin~ as the following CaHisle brand mate~als: Membrane, Fishings, Countedlashings, Adhesives and Sea~nts, Insulation. R~ove~ Boa~. Fastenem. Fastener Plates, Fastener Strips, Hard Rubber or Metal Edging. Metal Termination Bars. and any ol~er Carasle brand pr~ucts ~ilized ~ this i~tallation. TERMS, CONDITIONS, LIMITATIONS 1. ~er ~aa pmv~ ~Hisle ~ w~tten ~t~e ~thin ~i~ (30) days of the di~e~ ~ a~ leek in ~ ~en ~t~e ~ a ~ak to Carlisle's Warran~ Se~s at I~ a~e, ~ ~ at ~e I~ ~ this wakenS. By SO auto,es Cadi~e or as de,ghee to inve~te t~ ~use ~ the ~ak. S~d ~ ~ve~ation reve~ the ~use o~ ~is Wa~n~. ~e~ 8~ repair ~s for this ~ ~11 be paid ~ the ~er. 2. Il. u~ ~. Ca~sle datelines that tho leak is ca~ by a d~ ~ t~ ~rli~e T~I R~ling System's mate~s. Ca~e A~z~ ~ ~i~r ~ ~taHi~ ~ ~me. ~eCs re--es ~d ~di~'s li~l~ ~al ~ ~ to C~le'a r~it ~ l~ leak. ~ T~9 w~ty ~ ~ ~ ~ if. u~ ~'s i~% Ca~s~ ~le;m~s t~t ~ of t~ ~ ~s ~rr~' (a) ~ ~M TO~ ~ S~lem ~ da~ ~ ~t~al ~st~. ~. ~ ~l bmit~ ~. ~ht~. fke. i~t inf~t~, eart~ke. ~r~. ~1. ~r~ a~ w~s of ~ak ~t 5~ of ~ ~ ~ ~ h~ ~a~ at 10 ~s lb) ~ ~fi~e T~M ~i~ System ,$ ~ ~ ~ ~t~l ~ ~ ~ ~. m~. ~M. v~ism, c~ d~d~. ~ ~ b~. (d)~~~s~~m~h~C~e~t~S~m T~l ~ (a) ~. a~ ~s~l~n ~ I~ ~ T~al ~f~ S~tem ~ a ~b~ Aut~zz~ ~ ~t~ ~m & ~ime~ ~l~ ~ ~ a~s th~ ~r~y. 7. ~ ~f ~ ~ ~I~ u~r t~ Wa~nfy w~ ~ b~ for i~n. ~s. s~e. ~ wa~anly chis ~ ~t ~n ~ ~ f~ 9. Ca~e ~all ~ ~ ~e~e I~ the ~e~ ~ ~o~ml~n o~ the Ca~ Mem~a~ System ~ by en~r~ ~1~ ~d~g. CA~L~E ~E~ NO~ WA~ANT ~C~$ U~I[~EB IN ~HI~ IN~AL~TION W~IC~ ~ NAS ~OT UABIL~. UNDER ANY THEORY OF ~W, ARI~NQ OUT ~ THE INSTAL~TION AND PERFORMANCE OF OR OAMAG~ SUSTAINED BY OR CAUSED BY, PRODUC~ NOT ~RNISHED BY ~RL~LE. ' THE REMEDI~ STATEO HER~N ARE THE ~LE AND ~C~U~VE REMEDI~ FOR FAILURE OF THE ~RLISLE TOTAL ROOFING &~EM OR ITS COM~NENT~ THERE ARE NO WAR~NTIE8 ~HER ~PRE~ED OR IMPLIED, INCLUDING THE IMPLIED WAR~NTIES OF F~E~ FOR A PAR~R ~R~$E AND MERCHA~ABILI~, WHICH EXTEND B~OND THE FACE HEREOF. CARLI$LE SHALL NOT ~E LIABLE FOR ANY INCIDENTAL CONSEQUENT~L OR OTHER DA~O~ INCLU~NQ, BUT NOT LIMITED TO LO~ OF PROFIT8 OR DAMAGE TO THE BUILDING OR IT5 C~EN~ UNDER ANY THEORY OF ~W. ' THIS WARRANTY EXPIRES: MARCH 22 ~ 2008 CARLISLE SYNTEC SYSTEMS DIVISION OF CARLISLE CORPORATION By: ~. Thomas Nettling AUTHORIZED SIGNATURE:.. TITLE: Director; Techni'ce! ancV'Warrenty Services DATE OF ISSUE: MARCH 23· 1998 / SX - 9062 EXHIBIT E ...,-lisle Syp, Tec Syster _ SERIALNO. TS TSi~;06~ REV. 1 WARRANTY CARLISLE TEN YEAR TOTAL ROOFING SYSTEM BUILDING OWNER: R ! UER clue ASSOC! RTES) LLC. NAME OF BUILDING: EDGEI, JRTER RESIDENT[RL PROJECT BLDG~2 RB~980052N BUILDING ADDRESS: EDGEI~IRTER) N3 3S !/REU. 1 DATE OF COMPLETION OF THE CARLISLE TOTAL ROOFING SYSTEM: 09/29/97 DATE OF ACCEPTANCE BY CARLISLE: FEI~RUI~II~Y 03) 1998 Carlisle SynTec Systems, Division of Cadisle Corporation (CARLISLE) warrants to the Building Owner (OWNER) of the above described building, that; subject to the terms, conditions and limitations stated in this warranly, Carlisle will repair any leak in the Cadisle Ten Year Total Roofing System (CARLISLE TOTAL ROOFING SYSTEM) installed by a Carlisle Authorized Roofing Applicator for a period of 10 years commencing with the date of Carlisle's acceptance of the Carlisle Total Roofing System installation. However, in no event shall Carlisle's obligalions extend beyond 10.5 years subsequent to the date of substantial completion of the Carlisle Total Roofing System. See below for exacl date of warranly expiration. The Carlisle Total Roofing System is defined as the following Carlisle brand materials: Membrane, Flashings, Counter/lashings, Adhesives and Sealants, Insulation, Recovery Board, Fasteners, Fastener Plates, Fastener Strips, Hard Rubber or Metal Edging, Metal Termination Bars, and any other Cadisle brand products utilized in this installation. TERMS, CONDITIONS, LIMITATIONS 1. Owner shall provtoe Carlisle with written notice within thilty (30) days of the diseove et an leak in Bend wn~efl notice of alee, k to Carlisle's Wa,.,~,.~. e-..~ .... ~ ..... ~ . Y . ~ Cmiisis Total Roofing System. Owner ~d~uk.I authorizes Cartiale or its ~le~gnee .... · ~-,~.~o m u,u BOOtees set Iorln at I~e top of this warranty. By as neeifyi~ Carlisle. Io investigate the cause of the leak. Should the invesllgation reveal Ihs cause of the leak to be outs~e the of this Warranty. investigation end repair cosls for this service shall be paid by the Owner. 2. Il'. upon inspection, Calli~le determines that ~e leak is caused by a defect in the Carlisle Total Roofing System's materials, or workmanship of the Cadi~e Au~odzed Roofing Applicator in installing Ihs ~ne. Owner's remedies and Carlisle's liabillly shall be Ilmite~ lo Carlisle's reDalr of the leak. 3. Tf~s warranty s~all nol 1~, al:HDUca]:~o if. upon ~'s ~'tspecl~on. Carlmle cleterm~nes tho( any si' the Iol~ow~r~ I~as occurred: (a) The Carlisle Total Iqoof~ng System t ~ by natu~'al disastm'.~. ~ncluding. ['~1 flee hmit~d to. I~tmng. fire, ins~cI intesl,atinn. tornado, hail. hurricane, arx:l winds of IDeak gust s4:)ee~s ee ~ ~ mph or I~,e~ measured al tO mele~ above grourcl: or (D)The Cartiere Tolal Rooting System ~s (lamaged by any intentional or negli~le~t acta. acoden~s, m~Jse, abuse, vandalism, c~v*l diso/m~ie~ce, o~ the like (c) Oe~Mi0ralm or fad~e of building cor~lx~nenls. ~nclu~ing. b,.d m.ff limilc~d Io. the root s~bStrala, waILs, mortar. HVAC units, non-Ca~i$1e brand me,al work, eec., ocs. we and causes a teak. or otherwise damages tim Ca,lisle Total Reeling System; or [d)Acute, oils. harmful chemicals am:l the hke co, ne in conlact with the Cadislo Tolal Pooling System ami cause ~ k~k. ~- olhe~w~e damage Teem Roofing tyslem. 4. Th~ ~arranly al~,all be null ~ ~oid if a~y of the i`cxllow~ng st~dl (a) ff. efte~ in~tal/ation of the Ca~J.~e Tolal Fleeting Sy~em by a Cmli~e Authorizecl Pooling AD~#7.ator there ore any alleral~q~s or mDairs mad~ on or IJlfoi. J~ ~ roo~ or qJl:)~ct~ ~ -~. ~ ~ ~tl~'J lO. 8fcUCllJres' Ii:xtul~s. 0~' Utllf~lcs .-tl-~ 13~c~1~ i.J~olt o1' mtached to the root' without IIl~l writle~ authorlzati0~ from 'Carlisto: o~ lb) Failure by the Owno~' to use re,".~,onable care in mamlain~g Ihs root. said nmtnten,ance Io ~ctude. bul not I~e bruited to. those iteh'~s h$~,d on Care & Idainlenanc® information She~ which accom~ame~ th~s Warranty 5. Only CarL~sk~ brand in~ulatiort I:)l'ocJucts are co~rl~l by Ihis warrclnly. Cart~sle apeclllcally disclolm$ I~abilily. IgKlel' any theory et iow. for darna~es by or caused by non-CarliMe b(am:~ ins~la, po~ I~XXlUCls 6. During the [erm ee ~ ~Narrar~ly, CarllaJe shall haw free access to the roof ~JurJng roguisr IX~in~ss '7'. Cm't~le ~ ha~e no ee~figalKx,~ unO~' ~ Warreeey while any l~lts lot m~stallation. ~10olies. service end warranty cha~es h,,~e *~ot bee~ paKI in fuIt e. Calti~e's failure at any limo to en~orc~ any of the torm~ or conditions slated he~e~ shall n~ be construed to bo a wa~,,~, of ~ orov~on 9. Can'lsle shall nee be responsible for the cleanfiness or discoloration Of the Carlisle Membrane System omJted by environmental co~ldiflons including. but not limited to. dirl. pollutaflla, ~. I;~;~:~ical agents. CARLIE~.E DOES HOT WARRANT PAOOUCT$ UTILIZED IN THIS INSTALLATIOH WHICH IT HAS NOT FURNISHED;, AND SPECIFICALLY DISCLAIM THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOB FA COMPONENT~ THERE ARE NO WARRANTI ILURE OF THE CARLISLE TOTAL ROOF INCIDENTAL, CONSEGUENTI _N EXTEND eEYOND THE FACE HEREOF CAR I NESS FOR A AL OR OTHER DAMAdES INCLUDIN . & tLE SHALL HOT BE LIABLE FO CONTENI~ UNDER ANY THEORY OF LAW. G, BUT NOT LIMITED TO, LO~ OF PROFITS OR DAMAGE TO THE BUILDING ~RAI~sY THIS WARRANTY EXPIRES: F'EBRURRY D2 · 200~ CARLISLE SYNTEC SYSTEMS DIVISION OF CARLISLE CORPORATION By: ,]. Thomas Nettling AUTHORIZED SIGNATURE: TITLE: Director· Technical DATE OF ISSUE: FEBRURRY O:~ · rrants~ Services SX- 9062 ,isle SyqT .System ~:.?.":' -P~ '! (~00) 233-0551; FAX (717) 245-7053 .. ?:-"~!' SERIAL NO. TS TS:].5068 REU. :1 ..... CARLISLE TEN YEAR TOTAL ROOFING SYSTEM WARRANTY BUILDING OWNER: R I UER CLUB ASSOC I ATES, LLC. NAME OF BUILDING: EDGEWATER RESIDENTIAL PRO,]. BLDG,.3 AB~98O058N BUILDING ADDRESS: EDGEWATER~ NJ ,]SI/REV. l DATE OF COMPLETION OF THE CARLISLE TOTAL ROOFING SYSTEM: 10/:15/~ DATE OF ACCEPTANCE BY CARLISLE: FEBRUARY 0.3 , 1998 Cadisle SynTec Systems, Division of Carlisle Corporation (CARLISLE) warrants to the Building Owner (OWNER) of the above described building, thal; subject to the terms, conditions and limitations staled in this warranty, Carlisle will repair any leak in the Carlisle Ten Year Total Roofing System (CARUSLE TOTAL ROOFING SYSTEM) installed by a Cadisle Authorized Roofing Applicator for a period of ] 0 years commencing with the date of Carlisle's acceptance of the Carlisle Total Roofing System installation. However, in no event shall Carlisle's obligations extend beyond 10.5 years subsequent !o the dale of substantial completion of the Carlisle Total Roofing System. See below for exact date of warranty expiration. The Cadisle Total Roofing System is defined as the following Cadisle brand materials: Membrane, Flashings, Counter/lashings, Adhesives and Sealants, Insulation, Recovery Board, Fasleners, Fastener Plates, Fastener Strips, Hard Rubber or Metal Edging. Metal Termination Bars. and any other Cadisle brand products utilized in this installation. TERMS, CONDITIONS, LIMITATIONS =o~ wnnen ~b~ or a m~ to ~afltsJe's Warranty Se~es at ~e ~dre~ set ~h al ,~ ~ = ~ wa~my, uy ~ ~ Ca~e. ~ ~r a~dzos ~fll~o or iM ~s~ * ' ~anmes .~ty ~; ~ ~ll~ ~ Caflbb's r~r ~ ~ ~ak C~L~ ~ NOT WAA~NT PRODUC~ U~E0 IN THI~ INhALaTION WHICH I~ HAS NOT FURNISHED; DAMAGES SUSTAINED BY OR ~USED THE REME~ STATED HER~N ARE THE ~LE AND ~CLU~E REMEDIES FOR FAILURE OF THE CARLISLE TOTAL ROOFING S~M OR ~$ COMPONENT~ THERE ARE NO WAR~NTI~ ~HER ~PRE~ED OR IMPLIED, INCLUDING THE IMP~ED WAR~NTIES OF FITNE~ FOR A PAR~R ~R~SE AND MERCHANTABIU~, WH~H ~END BEYOND THE FACE HEREOF. CARLYLE :SHALL NOT BE LIABLE FOR ANY INCIDENTA~ CON~QUENTJAL OR OTHER DAMAQ~ INCLUDIHQ, BUT NOT LIM~ED TO, LO~ OF PROFITS OR DAMAGE TO ~E BUILDING OR ITS ~N~ UNDER ANY THEORY OF ~W. TmSWAgRANTY~PmES: FEBRURRY 02, 2008 CARLISLE SYNTEC SYSTEMS DIVISION OF CARLISLE CORPORATION By: J. Thomas Nett! AUTHORIZED SIGNATURE: TITLE: Dir'ector~ Techn ica ] DATE OF ISSUE: FEBRUARY end~~rranty Services :1998 SX - 9062 Carlisle SysTec Systsms D~vblon of Carlisis C~rlX~atlo~ P.O. Box 7000 Ca,isis. PA 17013 (8(~) ~1; FAX (717) 245-70S3 SERIALNO. TS TS15D69 REU. 1 CARLISLE TEN YEAR TOTAL ROOFING SYSTEM WARRANTY BUILDING OWNER: R I UER CLUB RSSOC IRTES, LLC. NAME OF BUILDING: EDGEkJRTER RESIDENTIRL PR03. BLDG.4 BUILDING ADDRESS: EDGEWATER~ N3 ,]SI/REV. DATE OF COMPLETION OF THE CARLISLE TOTAL ROOFING SYSTEM: 1_ DATE OF ACCEPTANCE BY CARLISLE: FEBRURRY 03 · [998 Carlisle SynTec Systems, Division of Carlisle Corporation (CARLISLE) warrants to the Building Owner (OWNER) of the above described building, that; subject to the terms, conditions and limitations stated in this warranty, Carlisle will repair any leak in the Carlisle Ten Year Total Roofing Syslem (CARLISLE TOTAL ROOFING SYSTEM) installed by a Cadisle Authorized Roofing Applicator for a period of 10 years commencing with Ihe date of Carlisle's acceptance of the Cadisle Total Roofing System installation. However, in no event shall Carlisle's obligations extend beyond 10.5 years subsequenl to the date of substantial completion o! the Carlisle Total Roofing System. See below for exact date al warranty expiration. The Carlisle Total Roofing System is defined as the following Carlisle brand materials: Membrane, Flashings, Counterflashings, Adhesives and Sealants, insulation, Recovery Board, Fasteners, Fastener Plates, Fastener Strips, Hard Rubber or Metal Edging, Metal Termination Bars, and any other Carlisle brand products utilized in this installation. TERMS, CONDITIONS, LIMITATIONS 1. Owner shell provide Carlisle with wriuen not,ce within thi~/(30) ;lays of the discove~ of any leak in the Cadiste Total Roofing System. Owner should send w~tten halite of a leak to Carlisle's Warranty Services al the ad,rase ~et forth at the top of this warranty. By so nolilylng Catlike. the Owfler au~horlzes CerliNe or ils designee to investigate lite cause of the leak. Shou~l the invesligalior~ reveal the cause of the leak to be outside the scope of this Warranly. investigation and repair costs for this service shall be paid by tho Owner. 2. II. upon ir~ion, Carlists determines that the leak is caused by a defect in the Caflisis Tolsl Roofing System's materials, er wockmanship of the Carlisle AuthoHzed Roofing Apl~licator in installing the same. Owner's remedies anti Carlisle's lisbitity shag be limited to Ca~isle's reDair o~ the leak. 3. Th'la w'a~¢anty sheJl not be a~ica~le at. ~ Cartlsle's inspectk:xt. C~'liste determir, os that er~y al ff~e folk)win9 nas occurred: la) The Carbele Total Roofing System ~ damaged by natural disasters, including, but not limited to. lightning. I#e. insect inlestabOn, earthquake. ramada, ha~. hurricanes. ~ w,'~15 of 13eak gt~s! speeds Of ~ ~ ml~l~ r~ h~ghe~' measured at lO meters above geo~n~: ~ lb) ~ Carlisle Total I::loofing System as d.'imaged ~ a~y in~tv~nal o~ nm~igont acta. accidents` rm~ae. ~',.~Xt..~. vandalism, c'~'il disol~ce. Or the like. {¢1 [)e~m'k:x'at~% Or failure of la,klmD c~ts. h'~clu~ but no~ lirmted tO, th~ nx~ substrata, walls. ~'tar. HVAC units, non-Ca, sis t~and rn~l~ wor~. etC.. ~ and causes a leak. or ol'herw~se damages the C.-'trlisle Total Roof,~g Syslem; o~ (d) ACKJ$. oils. harmful che, rnicale anQ the like Com~ in contact w~th Ih~. C~rlisle !'01~1 ~ System and cause a leak. Or olherwise Toial Rou~ng System. 4. This. Yl~arranty shall be null and vo,:l d arty of the follow~,g shall o~cur. la) #. after' i~a~Kstion of the C~'li~e TOrsi I::leofing System by a C;~'hsle A~ahorized Huofing A,,oplicator Ihore are any alle~abons or re~a~-s made on or through the ~ or of~ect$ ~ as. but nor §miL,~d to. strUctures, hxtu~'es. ~ utlld~s are I~aced uDon or attached to the root WlthO.d ~witlen eutheHzation lrom Carlisle; Or (~) Fa/k.,~e I;~ tho Owner ID use rr.a-q~at~e c,~e in ma~r4oining the ~of..~ml maintenance I0 ,nckJde. but nor ba hm~ted to. Iho~e items C~re & Ivla~tena~.e Into~rnat;on .~,heet wh~.h accompames this 'Warranty 5. Only Cerlisk~ Ix'and ir4ulati~n proo~.~ts are cov~eo by this warranty. Carlisle .%oec~f~.elly discla~na I~bility. undur any the. Dry o! law. for damages ~tamerl 6. During Ihe term of this Warranly. Car~le shall have tre~ access to the roof durml] r~.Uuler busir~ss hours 7. Carlisle a~sll have no o~lio~ un, er this Warranty while any bills for inslallat~on. SUl:~dms. serwce, am1 warranty charges ha~e sol I~e.n paid ~n lull 8. Carlisle's failure al any tm~ to r~tlorce any of tho torres o~ conditions stated he, Din shall no( be c~nstrued to IDa a waiver of such 9. Carlisle shall not be responsible for the cleanliness or disc~loretion of the Carlisle Membrane Syslsm caused by environmentaJ cgx~lidons but sol Ilmitsd to. ~,1. poJluLants, or 1:~4ogical agents. CARLISLE DOF~ NOT WARRANT PRODUCTS UTILIZED tN THIS INSTALLATION WHICH IT HAS NOT FURNISHED; AND SPECIFICALLY DISCLAIMS UABILITY, UNDER ANY THEORY OF LAW~ ARISING OUT OF THE INSTALLATION AND PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR CAUSED BY, PRODUCTS HOT FURNI~HED SY CARUSLF. THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEClES FOR FAILURE OF THE CARLISLE TOTAL ROOFING SYSTEM OR ITS COMPONENTS. THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING TNE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHICH EXTEND SEYOND THE FACE HEREOF. CARLISLE SHALL NOT BE LIABLE FOR ANY INCIDENTAl., CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENll UNDER ANY THEORY OF LAW. THIS WARRAHTY EXPIRES: FEBRURRY 02~ 2008 CARLISLE SYNTEC SYSTEMS "P~-~, DIVISION OF CARLISLE CORPORATION By: ,3. Thomas Nell! AUTHORIZED SIGNATURE: TITLE: Director· Techn ica [ rranty ........ DATE OF ISSUE: FEBEURF~Y 0~., SX- 9062 Cedi.se SynTec Systems Division et' Carlisle Corporation P.O. tek 7000 Carlisle, PA 17013 (~00! 233-0551; FAX (717) SERIAL NO. TS TS18638 REU.1 CARLISLE TEN YEAR TOTAL ROOFING SYSTEM WARRANTY BUILDING OWNER: R ! UER CLUB RSSOC I RTES, LLC. NAME OF BUILDING: EDGEI,,.IRTER RES[DENT[AL PRO3ECT BLDG 5 RB~980122N BUILDING ADDRESS: EDGEWATER, NJ JSI/REU. 1 DATE OF COMPLETION OF THE CARLISLE TOTAL ROOFING SYSTEM: 02/05/~i~ DATE OF ACCEPTANCE BY CARLISLE: DECEHBER 1~. · ].998 Carlisle SynTec Systems, Division of Cadisle Corporation (CARLISLE) warrants to the Building Owner (OWNER) of the above described building, that; subject to the terms, conditions and limitations stated in this warranty. Carlisle will repair any leak in the Carlisle Ten Year Total Roofing System (CARLISLE TOTAL ROOFING SYSTEM) ir,=talled by a Carlisle Authorized Roofing Applicator for a period of 10 years commencing with the date of Carlisle's acceptance of the Carlisle Total Roofing System installation· However, in no event shall Carlisle's obligations extend beyond 10.5 years subsequent to the date of substantial completion of the Carlisle Total Rooring Syslem. See below for exact date of warranly expiration. The Carlisle Tolal Roofing System is defined as the following Carlisle brand materials: Membrane, Flashings, Counterflashings, Adhesives and Sealants. Insulation, Recovery Board, Fasteners, Fastener Plates, Fastener Strips, Hard Rubber or Metal Edging, Metal Termination Bars, and any other Carlisle brand producls utilized in this ir stallation. TERMS, CONDITIONS, LIMITATIONS 1. Owner shall provide CadiNe with written no, ce within thirty (30) days of the discovery of any leak in the Ca,lisle Total Roofing Syslem. Owner Should send written no,ice of a leak 1o CaHisle's Warranty Services at the. address set forth a~ the top of this waJra~ty, ay so notifying Carlisle, the (~Nrter amhonzes Carlisle or ils designee to irwestlgale the cause of tho leak. Should the investigation reveal the cause of the leak to be outside the scope of this Warranty. investigation and repair coals for this service shall be paid by the Owner. 2. Ii', upon inspection. CaSsio delormines that the leak is caused by a defect in Ihs. Cat/isle Total Roofing Syslem's materials, or wonVa, nanship el Ihs Carlisle Aub"~xized Roofing AO~ic.,ador in ir~ae!ting the same. Owner's remedies and Carlisle's liability shall b~ limit~J Io Carlisle's repair of tho leek. 3. Th~ wa~-t~'t~y ~ not be a~abk;, il. upon Carksie's msp~CliOn. CarlisJo. dot,minoS that any Of Ihs. toflOw~'g naa OCcurred: (al The Cecilia TOtal I:~,x:j Sys~m is ~ma~jed by nat,.a';tl d~ast~rs. ~nc~ud~n0. 10uI not #mired to. bghln~g, fke. ir,,~c,c.t m~'e.steti<~, earthquake. '~rnado· hail hurricanes, and winds o/ beak gust si0eeds of ~ rr, Ph or h~g,her measured at IO meto~, above g¢ouo~l: or [bi The C.,~lisle To, al Roofing .System is da~ by any intenlion~l or negligent acls, acc.~:Jents, m~use, abu~.~, va~ata~rn, civil disobec~ence, or the. like. (c)etc.,Oet~i°ra~cnoc.4:urs and or faia.~.Causes ofa buddin~leak, or co~,~:x~n~nls,o{hor w~se Oame~jea~'cluding'the ~car I~le.nof limitedToful Roof~ngt°' the rOOfSystem;S4JbSlrale.or walls, eerier. HVAC unils. ;~on-Carlisle brar~ metal wo~., Id) Aci¢ls. oil~. harmful chemicals and Ihs like come ~n contact with the Cmtisk~ Total Rnoling System and ca[~se a luak. or olh~'w~e clan~ge Ihe Carlisle 4. This ~'arranty shall be ~ ~ void il any o~ the. Iottow~,g ~lall occur (el If. alter inetallalion of the Carlisk~. T~ltal Roofirtg System by a Carlisle Authorized Rooting Applic.~tc~ Ihm~,: a~e any alle~'at~:~.',,~, or read. irs ma~e =n or th~ ~ ~ or objects such, as. but ~ot limited to. structures, fixture, s. or ofiliti~s ,~o p~%"'.n~ UlDOn or attached to Ihs roof w~thout first oblaining wrilten author'Jza[k3n Irom C~H~Je. or' lb)CamFailu~°& byMa~nlenancsthe Ownorln/ormat~n~o use r e,'tson,'~blesheet wh,chC~re accomuemesin mmnt aining~sthe. Warranty'°of' Sa~l maintenance to ,nclude. but no~ t~, lirmle~ Io. those ilnms hated ~ Catli~e's S. Or~ Carlisle b"axl insulator I:~oducts am c~ ~ t~s wa~r~ly Carl~ ~tf~lly &~n*s ~b~biy. U~; o~ ~ry of ~w f~ ~s ~ 6. ~,~ t~ ~ ~ ~ ~a~y. Carl~ ~ ~ frae ~cess to I~ r~ ~ri~ r~ula~ ~i~83 ~rs. 9. Cafl~e ~1 ~ ~ ro~ ~ ~e ~lin~s ~ ~s~omU~ d ~e Ca~sle Membr~o System ~uaed ~ efl~r~eflt~ ~diti~s i~g. ~t ~ ~ to, di~ ~lu~fl~. ~ b~ ~. ~RLI~E ~ES NOT WARRA~ P~OUCTS UTILIZED IN THIS INSTALLA~ON WHICH IT NAS NOT FURNISHED; AND SPECIFI~LLY ~CLAIMS By,LIABIL~'PRODUcT~UNDERNoTANY~RNiSHEDTHEORY OFBy~W,~RLiSL[ARISING OUT OF THE INSTAL~TION AND PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR CAUSE0 THE REMEDI~ STATED HEREIN ARE THE ~LE AND ~CLUS~E REMEDIES FOR FAILURE OF THE CARLYLE TOTAL R~FING S~TEM OR ITS COMPONENTS. THERE ARE NO WARRANTIES EITHER E~PRESSED OR IMPLIED INCLUDING THE IMPLIED WARRANTIES : rNAc~DTIECNUTL~ALR ~..P~_,E,.A.,N_.D..M_E_RCHANTABILITY, WHICH EXTEND BEYOND THE' FACE HEREOF. CARLISLE SHALL NOT l n~. u~;q.A&., t,,'*~,,aCUUe. N~IAL OR OTHER DAMAOF~ INCLUDING BUT NOT UMITE0 TO LOSS OF PR-Oi'- :'" ~ ' ' i-' ' : ' ' '?;' \ :.': ,.~... THIS WARRANTY EXPIRES- tqUGUST 04 onnn :.'. :- -' I. '~.."~;'~ -° ..:.: ~ , _.,~.~,. CARLISLE SYNTEC SYSTEMS i'.:: ?: ~,~.;';./\ DIVISION OF CARLISLE CORPORATIO~ ) ";;" ;' ~L'*~'~"g By: .3. Thomas Nettling /}/ i.:~.:.'~.."--~)..! ;~[": '-.' TITLE ' · echnica! a~d bJarranty Services ;, "'~'~;:'.',~2:::~" , .~.,_.-.. :. ..~ ;{~[$,::.~.~,,.:i;.?~,;;,~;~;~;_~|,,,,~..;~.:j :.:.~.¥:.~_,?,~;:;.,t~.;..~,, ,,,,.-;,,.:..%,,,~,~,.,{~.{:; ;~.~;~ ...: -{~.~ ' ~':~T,'- '{':'~ ~.l,¢o)3~;{ ~;....~.,,~,~,e, ,~"~ ~"' '~i" .".::::'.":5 '. · ~, ., ?'..:...w..: ......... .'..':'::' '. .... ,;,~ ....~-,', ~X~ ..... ,;,,' .:,,,. :'~g- .,:,,~ ~.,- ~ :~i'~;,,,:~,~.,:, -~,,;,', - ~ ...... .:.-?:- SX -9062 · :~;.~:-.--' '" '~ ...... . ~'-_-:,~.:.~,: e~,~,~ e~ c,.'-~, c~,.~-,.,~ · ir, I .e j · L'I l: E*':' -.';'..':'~ ~ L':t':-_?-_~':~ 7~.~' P.O. I~x 7~o -_.'~;~' .. !~ ~ -.-'.:~.~ RIUE. CLUe ASSOCIATES. LLC. '~-:'}. 'L', ~nu~=n . IL IN ED~;EWATER RESIDENTIAL PROJ BLDG 46 AB~980613N I:' ,~;~.:;::-; .. . ....... F_U D G: · · · ~i~i~.. ' BUILDING ADDRESS: EDGEWATER, N3 ~!~;':' Carlisle SvnTec Systems Division of Carfisle Corporntion (CARLISLE) warrants to the Building Owner {OWNER) ' of the ab 've de Fib d bu,ding, subie to the erms. conditions a.d ,mita,o s ated i. Sis warsaW, Car, ,~_.:_~?~' .:' '~ will repair say leak in the Carlisle Ten Year Total Roofing System {CARLISLE TOTAL ROOFING SYSTEM) -~L:~,¢.: installed by a Carlisle Authorized Rooting Applicator tar ~ period of 10 years commencing with the date of C~rlisle's '~.-;:..-'J:' : acceptance of the Carlisle Total Roofing System installation. However, in no event ~hall Carlisle's obligations extend -'~.~.(~ ' ~'.e,,ond ~0 5 ~ears subsenuent to the date of substantial completion of the Carlisle Total Roofing System. See below '¢'F~ ' tar exac~ date of warranty explmlion. ". ~-:.;~..'_-~-"'i:.:~*.~-.?-::';:~":':':" The Carlisle Total Roofing System is defined as the toflowing Carlisle brand materials: Membrane Flashings Counterflashings, Adhesives and Sealants, Insulation, Recovery Board, Fasteners, Fastener Plates, Fastener Strips, Hard Rubber or Metal Edging, Metal Termination Bars, and any other Cadisle brand products utilized in this installation. TERMS, CONDITIONS, LIMITATIONS 1. Owner shell p~ovlde Cadisle wi~ wr~tlen notice within ~ir~ t30) days el the discovery of any lee~ i~ the C,~Iste Total Reeling System. Owner should send w~Ken no, ica of a leak to Ca~isle's Warranty Smvices at the address set fo~h at the top of ~is wnrranty. By so notily~g Carlisle. the Owner euthoP, zes Cadisle or ils designee to investigate the cause of Iha leak. Should the invesligeliO~ reveal lite. cause of Ihs leak to be outside the s~ope of ~his Wa.anty. investigation and repair co~ fo~' this service snail be paid by the Owner. 2- Il, upon Insl)e~ion, C~tlsle determines that the leak is caused by a delect in the Carlisle Total Roofing System's materials, or work'm~n$~.~ of the C&dlsla Authodz~KI Ro~f'mg Al~Dlicator in risibility. ~ same. Owner's reme~es and Carlisle's liability shall be fimited to Carlisle's reoaJr of the teak. ~. Th'is wa. only sl'~all not b~ allX~lical:'~e d. ~ Carlyle's ~.spect~on. CartJsJa delefmbles [het any et the. la&:~lqg I~'~s o~corred' Iai The Ca, rksle To~J Roof~g System ls da~r~ged by ~ltu~al dlsastm's. ~clucl~g. but not I,mired to. I~.~tr~t. lire, ~8ect infestation, earlho~.~ake. to~na~o, ha~. hurricer'~s, and ~ o~ I:~,ak gust ~:x~eds el ~ ~ n'~ or Ilig~er mea.s~red at 10 m~tc-~$ ~ gro~r~; o~ lb) The Ca~s~e Total Roottog System ~ ~la~ta~,~ b~ ~ eler~K)nal Of n~J~-.~l ~-ts. accidents, rn~suse, aL~se, w'~:[al~, ciwl diso~:~dience. ~' t~'~ 6kD. lc) De"rickelm or faik.~e of bulldog c~.~l:x:me~, ir~ but not hemted to. I~e ~ool su~lrate, walls, m~rlc.~', I'IV~ u~sls, mm*Carlisle brond metal ~"k. e~c., oco.~s am:l causes a leak. or otl'~.rw~e damages I~e Cm&ste Total Roofing System; ~' Icl) ACKls. ~ hwmful ct~mJc, als ~v;~ the hk~. ~ ~ c~taCl wil~, the Carlisle Total I::~r~j ,~y~t~ an~ c,'tuSe a I~ak. o~ ot~e. rw~e daft'~e the Total Roohng System. 4. This Warranty ~ be n~lt a~d ~:)k,I d ~ et 1he fo~ ~ OcCur: (at I1. afire ir~alletioe el the C~tis~ ~ P4x~ng S~e.m by e Carll~ Authon~.ed Flooh~j Al:~l~,~ato~' It~re ;.a a¢~ ~lle,ral~"~ O~ re. rs made Of th~3ugh the ~ or Obiects r~,ch ~. t~! not &mitecl to. SlrUCtures. fixtu~'s, or utilities ~'e placed ~ .-'.r attached to Ihs roof w~tlX~J! fi~Sl obtaining wrilte~ authofizatio~ hem Ce~i~e. o~ (bt FaJlu~ by the Owner to usa ~ care in m~a~ng Ihs roof, .,~tk.J maint~,r~nce to tnckJde, but not ~ limiled to. those ~tams bsto~ ~'t Carlyle a Cam & Melr~-mance In~orn~tic~ s~'~ei which accompanies this Vi~ra~ry. S. ~ caf~ brarx:l ins~at~ i:~o~l~cls ate cO~ere~t by th~ walqra~ly Carli~e s~:)ecltic~#y disclaims ti~lJty, urdor any t~eory ot law. Ior damages 6. During Ihs t~'m DJ Ih~ ~rranty. carhsl~e shall have ~ access to the roof d~'~ng m,gulor t:~sines. 7. Carlisle shall ~ no o~gal~o~ u~O~r ff'~s W,~'~'raflly while at~y [~l~s lot .'~stal~lK~'% ~f~es, service. ~ warcanty cha~e$ ha~ riel ~ ~ i~ lull 8. Carlisle's taJlu~'e at ~ h~ to ~ce ~ ~ I~ ~ms ~ ~1~ st~l~ ~re~ ~11 ~ ~ c~r~d to ~ ~ wa~s of ~ ~ g. Ca~s~ ~a ~ ~ ms~e f~ Ihs cle~s ~ ~lion ~ t~ CarliNe Me~mno S~ ~ed by ~vi~nlal ~t~s ~t not ~ 1o, di~. ~lul~. ~ ~1 CARLYLE ~ES NOT WARRANT P~DUCT8 UTtL~ED IN THIS INSTAL~TION ~NICH IT HAS NOT FURNISHED; AND SPECIFI~LLY EASILY, UNDE~ ANY THEORY OF LAW, ARISING OUT OF THE INSTAL~TION AND PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR CAUSED BY, PRO~ NOT FURNISHED BY CA~USLE. THE ~EBEDI~ ~ATED HER~N A~E THE ~LE AND EXCLUS~E BEBEOIES FOR FAt~RE OF TNE ~RL~LE TOTAL ROOFING ~TEM OR ITS ~MPONEN~ THERE ARE NO WAR~NTI~ E~HER ~PRE~ED OR IMPLIED. INCLUDING THE IMPLIED WAR~NTI~ OF F~N~ FOR A PARTICU~R PUR~E ANO MERCHA~ABIL~, WHICH ~TEND B~OND THE FACE HEREOF. CARLISLE ~HALL NOT BE LIABLE FOR ANY INClDENTA~ C~SEQUENTIAL OR OTN~R DAMAGE8 INCLUDING. ~UT NOT LIMITED TO, L0~ OF PROFITS OR DAMAGE TO ~E BUILDING OR ITS ~NTEN~ UNDE~ ANY THEORY OF ~W. THIS WARRANTY EXPIRES: DECEM8ER 1), 2008 CARLISLE SYNTEC SYSTEMS DIVISION OF CARLISLE CORPORATION By' ,.1. Thomas Nettling( )/ A~THORIZEO SIGNATURE:. , ~-~/ TITLE' Director-~ Tachnical~and ~arrants~ Services DATE'OF ISSUE: DECEHBER :14~' 199e SX-9062 ......... :l ":***~ .**:-.' ~. ' P.O. Box 70oo I ~ · k~ i ~:. i ;':'*:.'.~' c.,...,. PA rTos~ ~ I (~00) ~-oss't s~Ax c-7', 2,,s-70s~ I { ~..-...:.~ ;~-:._~.· ........ : ; ~ ;.' ? .:.-'. ,, · SERIAL NO. TS TS16660 REU.1 CARLISLE TEN YEAR TOTAL ROOFING SYSTEM WARRANTY i ?:--:-'..' ~, BUILDING OWNER: RIUER CLUe AsSocIATES, LLC. -, NAME OF BUILDING: ED~E~IATER RESIDENTIAL PROO. BLDG.#/ A@t~960~14N' BUILDING ADDRESS: EDGELdATER) N3 ~S 1/REU. 1 DATE OF COMPLETION OF THE CARLISLE TOTAL ROOFLNG SYSTEM: 09 / 16/96 DATE OF ACCEPTANCE BY CARLISLE: DECEI'IBER 14) 1998 Carlisle SynTec Syslems, Division of Cadisle Corporation (CARLISLE) warrants to the Building Owner (OWNER) Gl the above described building, that; subject to the terms, conditions and limitations stated in this warranly, Cadisle will repair any leak in the Carlisle Ten Year Total Roofing System (CARLISLE TOTAL ROOFING SYSTEM) installed by a Cadisle Authorized Roofing Applicator tot a period of 10 years commencing with the date of Carlisle's acceptance of the Carlisle Total Roofing System installation. However, in no event shall Carlisle's obligations extend beyond 10.5 years subsequent to the date of substantial completion of the Carlisle Total Roofing System. Sea below for exact date of warranty expiration. The Cadisle Total Roofing System is defined as the following Carlisle brand materials: Membrane, Flashings, Counterflashings, Adhesives and Sealants, Insulation, Recovery Board, Fasteners, Fastener Plates, Fastener Strips, Hard Rubber or Metal Edging, Metal Termination Bars, and any other Carlisle brand products utilized in this installation. TER~S, CONDITIONS, LIMITATIONS 1. Owner shati provide Cartisle with written notice within Ihirty (30) Days of the discovery of any leak in the Ceril$le TOtal Roofing System. Owner should send written notice of a leak to Ca~sle's Warranty Services at the address set Ionh at tho top of this warranty. By So notifying Carlisle, the Owner authorizes Cadiale or itS ~esignee ID invesbgate the cause of the leak. ShoulcI the investigation reveal the cause Gl the leak to be outside the of this Wa~raulty. investigation and repair costs lot this service shall be paid by the Owner. 2. ti, ulXm inspection. Carlisle delerminos thai the Peak is caused by a defeCl in the Cartisle Total Roofing System's materials, or workmanship Gl the Carlisle AuthorizeCl Roofing Applicator In klslal~'~l, the same. Owner*$ remedies and Carlisle's liabilh'7 she ! be limited to Carlisle's reDaJr of the leak. 3. TI'~ wa'ratty shall not be apOlicM~ ,f. uDon Car#ale's insj3(~cfftJorl. Carllste delefmkq(3s their aw of the Ioilowr,,g ~ occurred' fa) The Carhsle To,al I-3o~ing System ~s dam,'tged by natural din~sters, including, bu~ not flrnded ID. I~'ltnmg. fire. insect infe$1ahon, earlhquake. tornado, ha~l, hurrk~anes. ~ w~'.3s of peak gust sOeed$ Gl .~. ~ rn~h or h~Jt~Jr nwssu~ed at l0 mele~ s above gro~',d; or [bi The C~li~3e TolaJ Roofing System ~$ d,'m~o,e~J by a-y mtenI.Jnal or negligent eels. accidimL, k m~scrs~, ab~k% verSa, ism. cw'~ disot3e~once, or the hke. (c) Delenoratio~ or latluro of building comoonl3Ms. ~ncluding. but nor limited to. tiaa eo~ stfc, strale, walltl, mortm'. I-iVAC u~its, no~-Carliste brand metal work. ~c.. occurs and cau~s a teak, or otherwiSe dan'~ges Il'to Carlis~. Tot~ I"~ool~ftg Systec'n; (d) Ack:is. oi~, hMm&~,,,J ~/tew~..a,l$ ~ I1-~ like c~3~e n~ coo 'l'l'l'l'l'l'l'l'lacl witF- fi'~ Ca~S~' 3'oral P. oo/m(j Sy'~h~m and c;tuse O ~ak. or ,'34hetw{se damage the Cafhsla ~ Roofing System. 4. This TN'arranty stlall be null ~ ~ d' a.f~y of the following shall occu~ fa) ti. afle~' u~,tatialion of the Cmtisk* Total RoD/mB System by e C..~ksle. A. uthortzed noc~.~g Apl~v.;at(x thorn ar~ any ~lterat~a or repairs made on or Ihrough the foot or oblec, ts suc~. as, but r~ bruited to. atruch,re$, hxhJres, or utlht~s ,'tm Dieted ~ cr attached to the roof w~tt~out tirs, I obtaining writte~ authOnz, atioo Irom Cartels; or {bi Fait.we by Ihs Owner Io use re,',.~3nabM Care. in mamlain~g the root. sa~J mmnie.,ance Io includo, b~f not b~. hn.ted to. those items listed on Carliste's Card & Iv~intenar'.ce I~fol'rr~.lt~on ~ whic~ ~tccom![3anie.5 Ihi~ VVarranty 5. O~ty Carliste brand m~Jlat~n pgo43ucts are ~et*et'J by th~s warrant),. Carlisk; s~.c. ifically disclau~$ ha~llty, ur'~ler any tt*~.~ory of law. lor d.'lma~les 6. During the term of this Warranty. '-r.~att~$in shal haw free access 1O the foot durinu re,gular I:x~sines$ hours 7. Ca~$1e shall have r,o Ol31igahon unde~ Il'da, Warranty while arN bals for ~'3tallal,on..~JppJ~$. s(.,,rvica, and warts.fy chwues have not been ~ m tull B. Carlisle's laiiure at any tm~e Io e~orce any Gl the torrr,~ or coadil~ sfat~l herein shall no{ be construed Ic be a waivm of ~ Drav,s~. 9. Carlisle sllall not: be responsible fro' the ctean~ness or discoloration of the Carlisle Membrane System caused by environmental conditioa$ Including. but not limited to, dirt, poflutam$, or biok)g~al agents. C&RLISI. E DOES MOT WARRANT PRODUCTS UTILIZED 114 THIS INSTALLATION WHICH IT HAS NOT FURHISHED; AND SPECIFICALLY DISCLAIMS UABIUTY. UNOER ANY THEORY OF LAW~ ARISING OUT OF THE INSTALLATION AMD PERFORMANCE OF, OR DAMAGES SUSTAINED BT OR CAUSED BY, PRODUCll HOT FURHISHED BY CARLISLE. THE REMEDIES STATED HEREIN ARE THE SULE AND EXCLUSIVE REMEDIES FOR FAILURE OF THE CARLISLE TOTAL ROOFING S~TEM OR ITS COMPONENTS. THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLU01NO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHICH EXTEHD BEYOND THE FACE HEREOF. CARLISLE SHALL NOT BE LIABLE FOR ANY INCIDENTAl., CONSEOUENTI&L OR OTHER DAMAGES INCLUDING,. OUT NOT LIMrrEO TO, LO~S OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS UNDER ANY I'NEORY OF LAW. THISWARRAhlTY EXPIRES. DECEMBER 1~ ~ 2006 CARLISLE SYNTEC SYSTEMS DIVISION OF CARLISLE CORPORATION By: ,.]. Thomas Nettling AUTHORIZED SIGNATURE: TITLE: Dir'ector~ Technical DATE OF ISSUE: DECEMBER 14:, SX -9062 .Carlisle SynTec Ir~corp0rlated P.O. Box 7000 Carlisle, PA 17013 (717) 245-7000; FAX {717) 245-7053 INSPECTION REPORT / REPAIR FOR WARRANTY Applicator: t'l FilII Ii[lil!-ill.~iD i ilili I.~,:ilil' If';'. r.-I.J lJ .,'/~-~ System f:l Material , I.i ~, II F ;< Square Feet t · . · .. ."..'; ~, , Date 7~ Tech Rep ~J ~ ~. ~ ~ ~tending R~fer Inspection No. ~ Approved ~ neje~ed (See below) ~ Reinsp~~ ARRIVAL R~TI~ ~ DEPARTURE RATING: I 2 3 4 5 6 ~ 10 REPAIRS REQUIRED: The en~re roof should be check~ lo make sure it meets Carlisle S~ilications and De.ils. Below am s~e ol the mpaim ~al must be made. To ensure pro~r splicing prior to making repairs all membranes and fishings must be cleaned w~h s~p and water, Hns~ and driP, then follow proper splicing pr~edures. 1. p Sealant missing at splice ~ge. Repair: Apply and fealher ~p Sealant. 2. ~-9~; Mi~ing termination at edge of membrane. Repair: Install ~propriate te~ination per U-9 details. 3. ~ The veMical splice is open / bridged. R~air: Cut away loose Elastoform Flashin~ and apply Elastofo~ su~ce splice e~ending 3' pasl any or open area. A~ly and feather Lap Sealant. 4. ~ Fishmouths in field splice. Re.ir: Cut away fishmouths / wrinkles in splice. Apply a su~ace ~lJce e~ending 3' in all dir~tions past c~ ar~. ~pN and fealher Lap Sealant. 5. ~ U-5-A, U-9-C; flashing not fa~en~ 12" D.C. Repair: Fasten flashing m~imum 12" O.C. 6. ~ MFS-2, Minimum 2" splice not achiev~ from back edge of Seam Fastening Plate. R~air: Install new Seam Fastening Plates be~een existing plates and spaced 12' D.C. and oveday. 7.~ MFS-8, MFS-14, U-16; Missing additional membrane ~curement maximum 12" away from penetration. R~ir: Install add~ional Seam Fastening Plates m~imum 12' away from penetration and oveHay per MFS s~cifi~fions. 8. ~ Ved~ Water Cut-OUt Mastic has been applied under constant ~mpression per Detail (s) 10. ~ Ballast weight / size does not conform to Carlisle's minimum sp~ification (10 lbs. ~r square f~t). Re.ir: R~islrtb~e or ~p~ addi~al ballast to ~nform to specifi~ criteria. 11. D Membrane securement missing at roof perimetem / inside angle changes greater than 2:12 sl~e / cu~s / round penetrations over 18" in diameter. Repair: Install ~propdate membrane securement and overlay. 14. ~-~; Mi~ing / I~se drain bolts. Repair: Install and tighten all drain bolts to provide constant compression on Water Cut-~ Mastic. - --- - -- Thoroughly c~n all ~n~ralions. 16. ~ U-14-~; Field fabri~ted pipe seal missing deck flange / veMical wrap of Elastofo~ Flashing. R~alr: A~ly a d~k flange of Elastofo~ Flashing and/or a ve~ical wrap of Elastofo~ Flashing achieving all minimum splice requiremenls. 17. ~ U-15-~.; Missing comer application of Elastoform Flashing. Repair: Apply a minimum 9" x 9" El~toform pigear on i~ide ~mem per Detail U-15-~D, ~o wraps of Elastoform Flashing on all outside corners per De~il U-15-C. or apply Carlisle's Sum-Se~ ~mer per De~il PS-I~F. 18. ~ Non-Carlisle roofing material used in Carlisle warranted roof system. Re.ir: Remove non-Carlisle material and replace with CaHisle p~u~s. 19. ~ Debds on the roof. Re.ir: Remove debris, ch~k for damaged a~eas and repair. 20. ~ Su~ace splice mi~ing at vertical splice al angle change. R~air: Apply a su~a~ splice as ~r Detail (s) 21. ~ Sh~ drawing inaccurate. R~uirement: Submit a revised drawing to the I~al Carlisle Regional Center. 22. ~ ~ulk all t~teners that penelrate a meal c~nter flashina and ~e membr~e with a ~ala b o~e~ 23. ~ HOLDH~! R~ Item ~... for release by Manager, T~hnical Se~ce. I he~y represent, ~th full intention that Carlisle ju~iably rely hereupon in the Issuan~ of its warmn~, ~at t~ prOWl ~e~d~ able now conforma in Its entire~ w~h all ~rllsle s~tfications, ~ils and ins~ll~ion in~m~ions. Date qn ~-~ct7o~, ho." REPAIRS COMPLETED ON BY Tech Rep, Attending Roofer_, Approved.,. Rejected Reinspect Carfisle and Elastoform Flashing are trademarks of Carlisle Corporation {31996 Carlisle Corporation FORM 85-5-943 (REV. 9/96) :ARLISLE'S COPY PAGE 1 of~ JSI Rev. # EXHIBIT "F"'' ' ' ' ......... Carlisle SynTec Incorportated P.O. Box 7000 Carlisle, PA 17013 (717) 245-7000; FAX (717) 245-7053 ~,/CI I IIOIG U~llll~il,~ IIl~UIIJUl Applicator: Rep: INSPECTION REPORT / REPAIR FOR WARRANTY Date C~/~.~, Inspection I~Jo. Job Name: (~u,,¢,, .-,,,_ C~.~..5 C $", ,-~ '"'~1 '~' ~t, '~ Location: IJ~, '~c, ~ _l'J ~ Owner: ~'r, ~-'~'t¥~,'a ~)e-~o ~.~v ;' ~p System ~ Matedal ~0 r~ ~uam F~t~ ~55~c ~ ' Drawing ~ ~0~ Job ~ I 0o~ 010 ~ 6 i~ ~ / c, / 9 ~ Job Completion Date: ~ ~ ~ ~ ~ ~ ~' ~, Tech Rep I~ .~. ~_ ~~ A~ending R~fer ~ , See e,ow> ~2.3 ~ E ~ 7 e ~~ DEPARTURE RATING: I 2 3 4 5 6 7~t9 10 ARRIVAL RATING: REPAIRS REQUIRED: The entire roof should be checked iD make sure it meets Carlisle Specifications and Details. Below are some of the repaim that must be made. To ensure proper splicing prior to making repairs all membranes and flashings must be cleaned with soap and water, rinsed and dded, then follow proper splicing procedures. 1. cI Lap Sealant missing at splice edge. Repair: Apply and feather Lap Sealant. 'K 2.~'U-9-__; Missing termination at edge of membrane. Repair: Install appropriate termination per U-9 details. 3. [] The vertical splice is open / bddged. Repair: Cut away loose Elasioform Flashings and apply Elastoform surface splice extending 3' past any cut or open area. Apply and feather Lap Sealant. 4. [] Fishmouths in field splice. Repair: Cut away fishmoulhs / wrinkles in splice. Apply a surface splice extending 3" in all directions past cut area. Apply and feather Lap Sealant. 5. [] U-5-A, U-9-C; flashing not fastened 12" D.C. Repair: Fasten flashing maximum 12' D.C. 6. [] MFS-2, Minimum 2" splice nOt achieved from back edge of Seam Fastening Plate. Repair: Install new Seam Fastening Plates between existing plates and spaced 12' D.C. and oveday. 7. r'1 MFS-8, MFS-14, U-16; Missing additional membrane securement maximum 12' away from penetration. Reflalr: Install additional Seam Fastening Plates maximum 12" away from penetration and oveday per MFS specifications. 8. [] Verify Water Cut-Off Mastic has been applied under constant compression per Detail (s) 10. [] Ballast weight / size does not conform to Carlisle's minimum specificalion (10 lbs. per square foot). Repair: Redistribute or apply additional ballast to conform to specified criteria. 11. [] Membrane securement missing at roof perimeters / inside angle changes greater than 2:12 slope / curbs / round penetrations over 18' in diameter. Repair: Install appropriate membrane securement and overlay. 14. [] U-6-__; Missing / loose drain bolts. Repair: Insta, and lighten all drain bolls to provide constant compression on Water Cut-C)~ Mastic. 15. [] U-16-_; Repair pourable sealer pockets so / water cannot pond / pourable sealer is cured / pocket has 1" clearance belween penetrations and all sides of pocket and achieves 2" minimum depth. Thoroughly clean all penetrations. 16. [] U-14-_; Field fabricated pipe seal missing deck flange / vertical wrap of Elastoform Flashing. Repair: Apply a deck flange ol Elastoform Flashing and/or a vertical wrap of Elastoform Flashing achieving all minimum splice requirements. 17. [] U-15-__.; Missing comer application of Elasloform Flashing. Repair: Apply a minimum 9' x 9' Elastoform pigear on inside comers per Detail U~15-NB/D, two wraps of Elastoform Flashing on all outside corners per Detail U-15-C, or apply Carlisle's Sure-Seal comer per Detail PS-15-F_/F. 18. I-I Non-Carlisle roofing material used in Cadisle warranted roof syslem. Repair: Remove non-Carlisle material and replace with Carlisle products. 19. I-1 Debris on the roof. Repair: Remove debris, check for damaged areas and repair. 20. [] Surface splice missing at vertical splice at angle change. Repair: Apply a surface splice as per Detail (s) 21. [] Shop drawing inaccurate. Requirement: Submit a revised drawing to the local Carlisle Regional Center. 22. [] Caulk all fasteners that pflnetrate a metal cou0ter fl~hirjg and the membrane with a seal ntb olhers. [] HOLD!!!! RFW Item # for release by Manager, Technical Service. I hereby represent, with full intention that Carlisle justifiably rely hereupon in the Issuance of Ils warranty, that the prolect described above now conforms In its entirety with all Carlisle specifications, details and Installation instructions. REPAIRS COMPLETED ON BY. Date Tech Rep Attending Roofer Inspection No. Approved Rejected Reinspect JSI Rev. # ~ Cadisle and Elastol'orm Flashing are trademarks o1' Cadisle Corporation ©1996 Carlisle Corporation FORM 85-5.943 (REV. ~RLISLE'S COPY PAGE 1 of Carlisle SynTec Incoq30rtated P.O. Box 7000 Carlisle, PA 17013 (717) 245-7000; FAX (717) 245-7053 YUl I llil I ¥ ¥--' ~l · VV IIlV¥1 ~g~VI #1·1% Applicator: Rep: INSPECTION REPORT / REPAIR FOR WARRANTY Job Name: ~',./-li~-.~. (' I,. ~ ( ~ [~,~c,7=/ [~ Location: ~e~. ~1~ - ' '-' ] -- i ' Owner: ~ ~..,[ ~,el~~ C~ System ~ -_ Material ~,/~C~ ~a;e Fee~ DrawJng~~6~.~. . J~ [~1~ ~ Job Completion Date: [r~zL ~, ~ Date ItI ! c (~ ~ Tech Rep II ~ ~"~,_,:.~¢w. Attending Roofer S'~..~"~. . ,nsp~tionNo. ~ Approv~ ~,3 Reje~ed (See below) ~ Reinsp~ ~ ~ JSlRev.,~~ ARRIVAL RATING:- ~ ~ ~ - ~4 ~ C 7~ DEPARTURE RATING: I 2 3 4 5 6 7 10 mm REPAIRS REQUIRED: The entire roof should be choked to make sum it meets CaHisle Specifications and Details. ~low are some of ~e re~im ~at must ~ made. To ensure proper spl~ing prior ~o making repairs all membranes and flashings must ~ clean~ with ~p and water, rin~ and driP, then follow proper splicing procedures. m m mmm 1. ~ Lap Sealant mi~ing at splice edge. R~air: Apply and feather ~p Sealant. 2~U-9-__; Missing te~ination at edge of membrane. Repair: Install appropriate te~ination per U-9 de.ils. 3. ~ The ve~ical spli~ is open / bridge. Repair: Cut away loose Elasloform Fiashin~ and apply Elastofo~ sudace spl~e e~ending 3' past any c~ or open ama. Apply and feather Lap Sealant. 4. ~ Fishmouths in field splice. R~air: Cut away fishmouths / wrinkles in splice. Apply a sudace splice e~ending 3' in ~1 directions p~l cut area. Apply and fearer ~p Sealant. 5. D U-5-A, U-9-C; flashing not fastened 12" O.C. Re.ir: Fasten fl~hing maximum 12' O.C. 6. ~ MFS-2, Minimum 2" splice not achieved from back edge of Seam Fastening Plate. Repair: Install new Seam Fastening Plates baleen existing plates and spa~ 12" O.C. and overlay, 7.~ MFS-8, MFS-14, U-16; Missing additional membrane securement m~imum 12" away from ~enetmtion. R~ir: Install a~Eional Seam Fastening Plates m~imum 12" away from penetration and overlay per MFS sp~ificalions. 8. ~ Verify Water Cut-Off Mastic has been appli~ under constant compression per Detail (si 10. ~ Ballast weight / size d~s not ~nform to Carlisle's minimum specification (10 lbs. per square f~t). Repair: R~istHbute or ~ply additional ballast to confo~ to sp~ified criteria. 11. ~ Membrane securement missing at roof pedmelem / inside angle changes greater than 2:12 sl~e / cu~s / round ~netmtions over 18' in diameter. Repair: Instil appropriate membrane securement and overlay. 14. ~ U~-~; Mi~ing / loose drain bolts. Repair: Instil and tighten all drain ~ffs to provide consent compression ~ Water Cut~ M~tic. 15. ~ U-16- _; Repair ~urable sealer ~ckets ~ / water ~nnot ~nd / pourable sealer is cured / pocket has 1' clearance baleen ~netrafions and all sides of p~ket and achieves 2" minimum depth. Thoroughly clan all ~n~ratl~s. 16. ~ U-14-_; Field fabricated pipe seal missing d~k flange / ve~ical wr~ of Elastofo~ Flashi~. Repair: Apply a deck flange of Ela~ofo~ Fla~ing an~or a venial wrap of Elasloform Flashing achieving all minimum splice requirements. 17. ~ U-15-~; Missing corner application of Elastofo~ Flashing. Repair: Apply a minimum 9" x 9" Elastofo~ pigear on inside ~mem per De~il U-15-~D, two wraps of Elastoform Flashing on all outside corners per De~il U-15-C, or ~ply CaHisle's Sure-Seal ~mer per De~il PS-I~F. 18. ~ Non-Cadisle roofing matedal used in Carlisle warranted reel system. Re.ir: Remove non-Carlisle material and mpla~ w~ Cadisle pr~u~s. 19. ~ Debris on the roof. Re.ir: Remove debris, ch~k for damaged areas and m~ir. 20. ~ Sudace splice mi~ing at ve~ical splice at angle change. Repair: Apply a sudace splice as ~r Detail (si 21. ~ Shop drawing inaccurate. Requirement: Submit a revised drawing to the local CaHisle Regional Center. 22. ~ Caulk all fasteners t~t penetrate a metal coqnter fishing and ~e membrane w th a seal ntb othem , D HOLD!I!! R~ Item t__ for release by Manger, Techmcal Se~,ce. I ~ t [pK~{~j I hereby repm~nt, wl~ full intention that Carlisle Justifiably rely hemup~ in the I~uan~ ~ Ils warmn~, ~at t~ pro~ct d~rl~ ~ve now conform· In its entire~ with all Carlisle s~ic~ions, ~tails and in~ll~ion instructions. REPAIRS COMPLIED ON BY InspeJtion-No. ~ Approve~ ' Reject~ ?~ Reinspect :~) ,, JSl Rev. ~ Carlisle and Elaslofo~ Flashing am tradema~ of CaHisle Co~omtion ~19~ Carlisle Cor~tion PAGE I of FORM 85-5-943 (REV. 9,'~:J6) A RL.~SI.E'S COPY I p O. Bmr 'Jmo0 CIMk~, PA 0'17) M&7000; FAX II~PECTI( Carlisle SynTec IncorpOrated N REPORT i REPAIR FOR WARRAMTY ARR/VAL RATING:~-~-__-. .... .' 7 ~ i)EPARTtJRE RATINCI: 1 2 3 4 5 S ?~]~ 11~ f 11. rt W & W v, mp M EiaaMonn ~td~n U-IS- .' Miming cDme, ~dIeaf~m M E 14. t'1 15. r't 17.0 lilNdc Ir~m~ g~mltng mm~ 12" O.C. ~ mmr cmtmmt mmi~me~m ~ ~i (s) __ ~ m M Outm~ cx~nmm per QMadl LJ,1S,C. or ipla~ ~'~ ~ ommM iIM Odd p~.l&.~.~. :Mck for dmMOM m and mpmr. PAGE CS:~O 666T-TO-3~K~ £0 'd ~O'd ldJ.01 ~ ~ mmmmmm, Carlisle SynTec Incorporated PAIR FOR WARIM~rI'~ ~0 'd PAGE 2. OF~ - ' ~ LO:01 SysTec IncorpoRated P.,"). Box 7000 Carlisle, PA 17013 (717 245-7000; FAX (717)245-7053 INSPECTION REPORT ! REPAIR FOR WARRANTY Job Name: I FORM 85-5-943 (REV. 9/96} ARLISLE'S COPY Location: ~ tJ ~hi .IK ~ t,l, :'.t. I Date Tach Rep ~/~J~. ///, Inspection No. ~' Approved' ~J~)- Rejected (See below) ~ Roofer --- Reinspect _q/~-'~ ~ N) JSl Rev. It ARRIVAL RATING:~-~t--~3-4 5 6 7.8 9 10 ~--DEPARTURE RATING: I 2 3 4 5 6 7~9 10 ' , REPAIRS REQUIRED: The entire roof should be checked to make sure il meets Carlisle Specifications and Details. Below are some of the repairs that must be made. To ensure proper splicing pdor to making repairs all membranes and flashings must be cleaned with soap and water, rinsed and dried, then follow proper splicing procedures. I ' · 10~_p Sealant missing at splice edge. Repair: Apply and feather Lap Sealant. 2. ~-~. 9-_; Missing termination at edge of membrane. Repair: Install appropriate terminal on per U-9 details. ~ ~'/~/~.,~ 3. I~ The vertical splice is open / bridged. Repair: Cut away loose Elastoform Flashinge and apply Elastoform surface splice exlending 3' past any cut or open area. Apply and feather Lap Sealant· 4. ~ Fishmouths in field splice. Repair: Cut away fishmouths / wrinkles in splice. Apply a sudace splice extending 3' in all directions past cut area. Apply and feather Lap Sealant. 5. [] U-5-A, U-9-C; flashing not fastened 12' O.C. Repair: Fasten flashing maximum 12' O.C. 6. [] MFS-2, Minimum 2' splice not achieved from back edge of Seam Fastening Plate. Repair: Install new Seam Fastening Plates between existing plates and spaced 12' O.C. and overlay. 7. fl MFS-8, MFS-14, U-16; Missing additional membrane securement maximum 12' away from penetration. Repair: Install additional Seam Faslening Plates maximum 12' away from penetration and overlay per MFS specifications. 8. [] Verify Water Cut-Off Mastic has been applied under constant compression per Detail (s) 10. [] Ballast weight / size does not conform to Carlisle's minimum specification (10 lbs. per square foot). Repair: Redistribute or apply additional ballast to conform Io specified criteria. 11. [] Membrane securement missing at roof perimeters / inside angle changes grealer than 2:12 slope / curbs / round panelrations over ~8' in diameler. Repair: Install appropriate membrane securement and overlay. 14. ~1~-6-_; Missing/loose drain bolts. Repair: Install and lighlen all drain bolts !o provide constant compression on Water Cut-Off Masifc. 15. [] U- 16-_; Repair pourable sealer pockets so / water cannol Ix)nd / r,,~,,,=h~,, ~= ~r i~ cured / Docket has ~" clearance between ne ellnne ?,Il sides of oocJ(et and achieves 2' minimum ~epth. Thoroughly oiean all panetraflo~n-~.~. ~ pe Ir 16. [] u-14-_.; Field fabricated pipe seal missing deck flange /vertical wrap of Elastoform Flashing. Repair: Apply a deck flange of Elastoform Flashing and/or a vertical wrap of Elastoform Flashing achieving all minimum splice requirements. 17. [] U-15-_ .; Missing corner application of Elastoform Flashing. Repair: Apply a minimum 9" x 9" Elastoform pigear on inside comers per Detail U-15-A/B/D, two wraps of Elastoform Flashing on all outside comers per Detail U-15-C, or apply Carlisle's Sure-Seal comer per Detail PS-15-FJF. 18. [] Non-Carlisle roofing material used in Cadisle warranted roof system· Repair: Remove non-Carlisle matedal and replace with Carlisle products. 19. ?~ .tis on the roof. Repair: Remove debris, check for damaged areas and repair. 20. [~'Surface splice missing at vertical splice at angle change. Repair: Apply a surface splice as par Detail (s) 21. [] Shop drawing inaccurate. Requirement: Submit a revised drawing to the local Carlisle Regional Center. 22. [] J2aulk all fasteners th_at penetrate a metaJ counter flashing and the membrane with s alant b [] HOLD!!!! RFW Item #~ for release by Manager, Technical Se~,ice. I hereby represent, with full Intention that Carlisle justifiably rely hereupon in the Issuance of ils wnn'anty, that the project described now conforms in its entirety with all Carlisle specifications, details and installation Instructions. REPAIRS COMPLETED ON BY. [;)...aLe,. Tech Rep Attending Roofe~ Inspection No. Approved Rejected Reinspect JSl Rev. # Carlisle and Elastoform Flashing are trademarks of Carlisle Corporation ©1996 Carlisle Corporation PAGE 1 of System ,, ~ Material . I.l~:~ Il ~- I,~ Square Feel 't '~ ~ ~ 4j31rawing # ,'.'~J ~4~'..-'-? i~ t '...' :..l-I Job# ] lllJ~";~ II 'J. 114 · Job Completion Date: r';; ',i.,': :H ;.!'2 . '1 '~' ¥',~ P.O. Ik~ 7000 Carlisle SynTec Incorp~)rated A~lng lqQMer PA~ 1 o{'__t ; ~llai~ Reed. Unit 5 ~ 74g-21 ~ Toll ~. 0~8) 243-~84~. FAX (INI0) 749-4327 '~ mm mvvm i~,~,i,,i,i IAl,~i~,,I INSPECTION # / REPAIR FOR WARRANTY LOCATION: ~~~~,~ CMD # REPAIRS REQUIRED -- CONTINUED ..... FROM:/A ~~'~.~o~J" ' Field Technical Repr~,entative Construction Materials Division 1.9 x^/- ? f PAGE OF .... 1~8r11sI6 b~t,l I BI; im,-urPlulamu ffISPECTION REPOFIT I REPAIR FOR WARRANTY PAM~ 1of. I Carlisle SynTec Incorportated P.O. Box 7000 Carlisle, PA 17013 (717) 245-7000; FAX (717) 245-7053 INSPECTION REPORT I REPAIR FOR WARRANTY Rep: Date Job Name: "~ F,~f [,~.~r ~/;, ;~ ~- Lo tio.: Owner: System ~ Malaria; ~ ~'re Feet Drawing ~ ~01~ ~ k~ Job ~ Job Completion Date: ~qk ~ ~ ~ 4.[] 5.1-1 7.1-1 8. I"1 10. F1 11.[3 t4. c1 15. r-t 16. r-t 17. I-1 18. r-! 19. D 20. [] 21. [] 22. r-1 Attending Roofer _ Insped~ion I~o. ~ Approved ~1.,_~ Rejected (See below) ~ Reinsp~t~ ~/~ JSI Rev. ARRIVALRATING:~ 4 ~-~910' DEPARTURERA~NG: 1 2 3 4 5 6 7~9 REPAIRS REGUlRED: The entire mo~ should be choked to make sure it m~ts CaHisle Specifi~tions and Details. Below am some of the mpaim ~at must ~ made. To ensure proper spl~ing prior to making repaim all membranes and flashings mus~ be cleane~ w~h soap and water, ~n~ and driP, then ~ollow proper splicing procedures. 1. ~ Lap Sealant mi~ing at splice edge, Repair: Apply and fearer ~p Sealant. ~.~2.~ U-9-~; M{ssing te~ination at edge ot membrane. Repair: Instil appropriate te~ination per U-9 de.ils. 3. ~ The ve~ical splice is o~n / bddged. Repair: Cut away I~se Elastoform Flashin~ and apply Elastofo~ sudace splice e~ending 3' ~ any cut or o~n ama. Apply and feather ~p Sealant. Fishmouths in field splice. R~air: Cul away fishmouths / wrinkles in splice. Apply a su~ace ~lice e~ending 3' In all di~ions past c~ area. Apply and feather ~p Sealant. U-5-A, U-9-C; flashing not fastened 12' d.C. Repair: Fasten fishing m~imum 12" d.C. MFS-2, Minimum 2' spli~ not achieved from back edge of Seam Fastening Plate. Repair: Install new Seam Fastening Plates ~een existing plates and spaced 12' d.C. and oveHey. MFS-8, MFS-14, U-16; Missing additional membrane securement m~imum 12" away from penetration, R~lr= Instil a~Eional Seam Fastening Plates maximum 12" away from penetration and overlay per MFS sp~ifications. Verify Water Cut-Off Ma~ic has been applied under consent ~mpmssion ~r Detail (s) Ballast weight / size d~s not ~nform to CaHisle's minimum specification (10 lbs. per square foot). Repair: R~i~bule or ~ly additional ballast to conform to s~cifi~ cdteda. Membrane s~umment missing at mol ~rimeters / inside angle changes greater than 2:12 slope / cu~s / round penetrations over t 8' in diameter. Repair: Install appropriate membrane securement and overlay. U-6-~; Missing / I~se drain bors. Repair: Install and tighten all drain ~lts to provide consent compression on Water Cul-~ M~lic. U-16-~; Repair pourable sealer pockels so / water cannot pond; pourable sealer is cur~ / p~ket has 1 ' cleara~e baleen ~ne~afio~ and all sides of p~ket and achieves 2' minimum depth. T~roughly clan all ~netmtlons. U-14-_.; Field fabri~t~ pipe seal mi~ing deck flange / vedi~l wrap of Elastoform Flashing. Re. Ir: Apply a d~k flange of Elasloform Fishing and/or a venial wrap ol Elastoform Flashing achieving all minimum splice requirements. U-15-__; Missing comer appli~lion ot Elastoform Flashing. Re.ir: Apply a minimum 9" x 9' Elastofo~ pigear on insi~ ~r~m ~r ~il U-15-~/D, two wr~s of Elastoform Flashing on all outside comem ~r Detail U-15-C, or apply Ca~isle's Sum-~al comer ~r De~il PS-15-~. Non-Carlisle roofing material used in Carlisle warmnled roof system. Repair: Remove non-CaHisle material and replace with Carlisle p~u~s. Debris on the roof. Re.ir: Remove debris, ch~k for damaged areas and repair. SuHace splice missing at ve~ical splMe at angle change. Repair: Apply a sudace splice as ~r Deta~ (s) Shop drawing ina~urate. Requirement: Submit a revised drawing to the local CaHisie Re~onal Center. Caulk all fastenem that penetra[e a racial counter flashing and the membrane with a sealant by othem. HOLD~!H R~ Item ~ for release by Manager, Technical SaUce. I hereby ~present, with full i~tion that Carlisle just~iably rely hereupon in the Is=uan~ of Its now confo~ in ~ ena~ with all Carlisle $~ifieation$, detail~ and installation Instru~l~. REPAIRS COMPLETED ON BY Date Tach Rep A~ending Roofer.. Ins~ction No. Approved Rejected Reinspect JSI Rev. Carlisle and ElaMofo~ Flashing are tradema~s of Carlisle ~t~ral~n O1996 Carlisle ~r~mtion PAGE 1 of [ FORM 85-5-943 (REV. 9/96) ;ARLISLE'S COPY Carlisle SynTec Incorportated P.O. Box 7000 Carlisle, PA 17013 (717) 245-7000; FAX (717) 245-7053 Applicator: Rep: Date Inspec~io/n N/o. ARRIVAL RATING: INSPECTION REPORT / REPAIR FOR WARRANTY Tach Rep Approved Location: System Drawing ~ ~/~ ~ob ~ /~0 /05 Job Completion Date: - //~ _-]' ~-~"~"% Attending Roofer Rejected (See below) ~ Reinspect~ ~'~'ji~--~ JSI Rev. # --~ 4 5 6 7 8 9 10 ' DEPARTURE RATING: I 2 3 4 5 6 7~_.8}9 10 REPAIRS REQUIRED: The entire roof should be checked to make sure it meets Carlisle Specifications and Details. Below are some of the repairs that must be made. To ensure proper splicing prior to making repairs all membranes ar'.d flashings must be cleaned with soap and water, rinsed and dried, then follow proper splicing procedures. 1. ~1 Lap Sealant missing at splice edge. Repair: Apply and feather Lap Sealant. 2.)~'U-9-__; Missing termination at edge of membrane. Repair: Install appropriate termination per U-9 details. 3. [] The vertical splice is open / bridged. Repair: Cut away loose Elastoform Flashinge and apply Elastoform surface splice extending 3" past any cut or open ama. Apply and feather Lap Sealant. 4. [] Fishmouths in field splice. Reflalr:. Cut away fishmouths / wrinkles in splice. Apply a surface splice extending 3" in all direclions past cut area. Apply and feather Lap Sealant. 5. [] U-5-A, U-9-C; flashing not fastened 12' C.C. Repair: Fasten flashing maximum 12' C.C. 6. [] MFS-2, Minimum 2' splice not achieved from back edge of Seam Fastening Plate. Repair: Install new Seam Fastening Plates between existing plates andspaced 12" O.C. and oveday. 7.1"1 MFS-8, MFS-14, U-16; Missing additional membrane securement maximum 12' away from penetration. Reflalr: Install additional Seam Fastening Plates maximum 12" away from penetration and overlay per MFS specifications. 8. r-I Verify Water Cut-Off Mastic has been applied under constant compression per Detail (s) 10. [] Ballast weight / size does not conform to Carlisle's minimum specification (10 lbs. per square foot). Repair: Redistribute or apply additional ballast to conform to specified criteria. $1. [] Membrane securement missing at mol perimeters / inside angle changes greater than 2:12 slope / curbs / round penetrations over 18' in diameter. Re, air: Install appropriate membrane securement and overlay. 14. [] U-6-__; Missing / loose drain bolts. Repair: Install and tighten all drain bolts to provide constant compression on Water Cut-Off Mastic. 15. [] U-16-_; Repair pourable sealer pockets so / water cannot pond ! pourable sealer is cured / pocket has t ' clearance between penetrations and all sides of pocket and achieves 2" minimum deplh. Thoroughly clean all penetrations. t 6. [] U-14-__; Field fabricated pipe seal missing deck flange / vertical wrap of Elastoform Flashing. Repair: Apply a deck flange of Elsstoform Flashing and/or a vertical wrap of Eiastoform Flashing achieving all minimum splice requirements. 17. D U-15-_.; Missing comer application of Elastoform Flashing. Repair: Apply a minimum 9" x 9" Etastoform pigear on inside comers per Detail U-15-NB/D, two wraps of Elastolorm Flashing on all outside corners per Detail U-15-C, or apply Carlisle's Sure-Seal comer per Detail PS-15-E/F. 18.1:3 Non-Carlisle roofing material used in Carlisle warranted roof system. Repair: Remove non-Carlisle material and replace with Cadisle products. 19. [] Debris on the roof. Repair: Remove debris, check for damaged areas and repair. 20. [] Surlace splice missing at vertical splice at angle change. Repair: Apply a surface splice as per Detail (s) 21. [] Shop drawing inaccurate. Requirement: Submit a revised drawing to the local Carlisle Regional Center. 22. [] Cr,.ulk all fasteners that j~netrate a metal counter flashing end, the membrane,with .a. sealant by olhers. [] HOLD!!!! RF'W Item #__ for release by Manager, Technical Service. I hereby represent, with full Intention that Carlisle justtflebly rely hereupon In the Issuance of its warranty, thet the prolect described sbove now conforms in it~ entirety with all Carlisle speciflcetions, details and Installation Instructione. REPAIRS COMPLETED ON BY. Date 12 //4. Inspection/No; FORM 85-5-g43 (REV. 9/96) TechRop ].~. '~'7.~/-~-'~'~IL;'~.~ Attending Roofer ~ Approved I ~_4 Rejected ~ Reinspect ~_~ Carlisle"'~nd Elastoform Flashing are trademarks of Carlisle Corporation ©1996 Carlisle Corporation PAGE 1 of I JSl Rev. ~ARUSLE'S COPY (mo) 7,JO~lm 'lab FEN:. (88~ ~43-8M0: FAX (800) 74O-4327 INSPECTION # REPAIR FOR WARRANTY FROM:C-. ~b'.~ u fl2 Fiel~lJec[~nical Representative Construction Materials Division ri PAGE~- OF 3._ Carlisle SynTec tncorportaled P.O. Box 7000 Carlisle, PA 17013 (717) 245-7000; FAX (717) 245°7053 Applicator: Rep: INSPECTION REPORT / REPAIR FOR WARRANTY ·ech Rep ~ C%~ ~,6~ A,endin, R~fer ~ Job Name: %¢ /~,,.,~,.. ,-'~; ('~..../~ Location: t-~,o.~c ,,, ~J ~ Owner: '~ · e'*'.-..no '1-~< /~.~ System .~ Material o ~ 0 Drawing# ~'~' ~jCICl5','vI Job# Job Completion Date: ~ ~ Inspection ~1o. o'~ Approved l,'u., Rejected (See below) .~z~_ einspect~ ~. ARRIVAL.ATING:~ = ~ 7 S S I0 DEPARTURE RATI.G: 1--2 3 4 S 6 7~ 10 REPAIRS REQUIRED: The entire r~f should be checked to make sure it meets Ca,isle S~ifica~ons and De.ils. Below are s~e of the mpaim ~al must be made. To ensure proper splicing prior to making repaim all membranes and flashings must ~ clean~ with ~p and water, dns~ and driP, then follow proper splicing proc~ures. 1. ~ ~p Sealanl missing at spli~ ~ge. Repair: Apply and feather Lap Sealant. · .~ ~ U-9-__; Mi~ing termination at edge of membrane. Repair: Install appropriate te~ination ~r U-9 de. ils. 3. D ~e venial splice is o~n / bridged. Repair: Cut away I~se Elastofo~ Flashin~ and apply Elastofo~ sudace spli~ e~ending 3' ~ any c~ or open area. App~ and fearer Lap Sealant. 4. ~ Fishmouths in field splice. Re. Ir: Cut away fishmouths / wrinkles in splice. Apply a sudace splice extending 3" in all dir~lions p~! cut area. Apply and feather Lap Sealant. 5. ~ U-5-A, U-9-C; flashing not fastened 12' O.C. Repair: Fasten flashing maximum 12' O.C. 6. ~ MFS-2, Minimum 2" splice not a~iev~ from back ~ge off Seam Fastening Plate. Repair: Install new Seam Fastening Plates baleen existing plates and spaced 12' O.C. and oveHay. 7.~ MFS-8, MFS-14, U-16; Mi~ing additional membrane securemenl m~imum 12' away from penetration. Re. Ir: In~ll addit~ Seam Fastening Plates maximum 12' away from penetration and overlay per MFS specilicati~s. 8. ~ Veri~ Water C~-~f Mastic has been applied un~r constant compre~ion per Detail (s) 10. D Ballast weight / size does not confo~ to Carlisle's minimum s~ification (10 lbs. per square f~t). Re.ir: Redis~ib~e or apply additi~al ballast ~o confo~ to specified criteria. 11. ~ Membrane s~urement missing at roof ~rimeters / inside angle changes greater than 2:12 slope / cu~s / round penelmtions over 18' in diameter. R~alr: Install appropriate membrane s~ufement and overlay. 14. ~ U-~..._; Missing / loose drain bolts. Repair: Instil and tighten all d~in bolts to provide consent compm~ion on Water C~-~ Mastic. 15. D U-16-~; Repair pourable sealer p~kets so / water cannot pond ¢ pourable sealer is cured / p~ket has 1' cleara~e baleen ~netrafions and all sides of p~ket and achieves 2' minimum depth. Tho~ughly clan all 16. ~ U-14-_..; Field fabri~t~ pipe seal missing deck flange / vedi~l wrap of Elastofo~ Flashi~. Repair: Apply a d~k flange of Etastofo~ Flashing an¢or a vedi~l wrap of Elastoform Flashing achieving all minimum splice requirement. 17. ~ U-15-.~; Missing corner application of Elastofo~ Flashing. R~air: Apply a minimum 9' x 9' Elastofo~ pixar on inside comem per De~il U-15-~B/D, ~o wraps ol Elastoform Flashing on all outside comers per Detail U-15-C, or apply Carlisle's Sur~Seal ~mer per ~ail PS-15-~. 18. B Non-Cadisle roofing matedal used in Carlisle warranted roof system. Repair: Remove non-Carlisle matedal and replace with ~rlisle prodS. 19. D Debris on the roof. Re.ir: Remove debris, ch~k for damaged areas and re.ir. 20. ~ Sudace splice missing al vedical spli~ at angle change. Repair: Apply a sudace s¢ice as ~r De~il (s) 21. ~ Shop drawing inaccurate. R~uire~nt: Submit a revi~d drawing lo the Io~ Cadi~e Regional Center. 22. ~ Caulk all fast~ners th~egetmte a metal counter fl~hipg and the me.~brane with a ~ant by othem. . . ,. 0 HOLD~] R~ Item O~ for release by Manager, T~hnic~l se~ice. I hereby r~m~t, wlth full intention that ~rllsle ju~tlfiably rely he~u~n In the l=~uance of I~= wa~an~, that ~e REPAIRS cOMPLETED ON Date Inspection No. FORM 85-5,-g43 (R~/. 9/g~) BY, Tech Rep Attending Roofer Approved Rejected Reinspect Carlisle and Elastoform Flashing are trademarks of Cadisle Corporation ©1996 Cadisle Corporation PAGE 1 of I JSI Rev. CARLISLE'S COPY Carlisle SynT. ec Incorportated vua-~Vl'V t~. ,,~ll Ititl " bUl pUl l, UI, P.O. Box 70(X~ Carlisle, PA 17013 (?17)vP45~7000; FAX (717} 245-7053 INSPECTION REPORT / REPAIR FOR WARRANTY Applicator: I-'~ ['.111..i I.~i~?.,~l.'~l;.i J:lJ.~* :.;I,[Hii, ll.q . JobName: il--ii i,L.iI.;; II-Ih L.l.l. Jll tF"'ll.t)ltql, bll I--' J ~ Il'ii Location: ~-~1 Jl~l. Jt-..~.~'.l, I-4. J ;l./,',:.=~ ~ Owner: F41.1..! I i~l System ~'l Material Rep: I.th'-l~lf';l I:ljl f'Hll il. f-;:'~-;~i~ il41'.. F4~a~ng~ll~V;.,l)],.,>l.. ~,' ll~' J I)1::1 IP : i I ..-' -' ' " Job~ ] [.ilJ'-/'~ ti j lib ' - ' JJ 'J - '4H J J ·; ]: ., :~..."Jl [./'H~ Job Completion Date: J'J~..'l .I.{ DatU~ Tech Rep ti Z ~, JU, ~ Attending R~fe~ ~TING: I 2 3 4 5 6 7 8 9 10 DEPAHTUHEHATING: ,crag ProCures mg mpa,m all membranes and flashings mu~ ~ c~an~ with ~ ~me o~ the mpaim~t l~p Sealant missing at splice ~ge. Repair: Apply and feather ~p Sealant. 2. ~ U-9- ; Mi~ing lamination at e~e of membrane. Re.ir: Instil appropriate lamination per U-9 details. 3.~The ~i~i splice is o~n / bridged. Repair: Cut away I~se Elastofo~ Flas~in~ and ~ply Efastofo~ sudace splice e~ending 3' p~t any cut or o~n area. Apply and fearer L~ Sealant. 4. ~ Fishmouths in field split. Repair: Cut away fishmouths / wdnkles in ~lice. ~ply a sudace splice extending 3" in afl dictions past cut ar~. Apply and fealher ~p Sealant. 5. ~ U-5-A, U-9-C; flashing not fasten~ 12" O.C. Repair: Fasten flashing maximum 12" O.C. 6. ~ MFS-2. Minimum 2' splice not achiev~ from back ~ge of Seam Fastening Plate. Repair: In~all new ~am Fastening Plates be~een existing plates and Spaced 12' O.C. and oveday. 7.~ MFS-8, MFS-14, U-16; Missing additional membrane securement maximum 12' away from pene~at~n. Repair: In~ll add~nal Seam Fastening Plates m~imum 12' away from penetration and overlay per MFS sp~ificalions. 8. ~ Ved~ Water Cut-Off Maslic has b~n applied under constant ~mpmssion per Detail (s) 10. ~ Ballast weighl/size d~s not conform to Carlisle's minimum s~cifi~tion (10 lbs. per square foot). Ralr: Redi~bute or ~ply add~al ballast to con~orm lo s~ified criteria. 11. ~ Membrane securement missing at mol perimetem / inside angle changes greater than 2:12 slo~ / cu~s / round ~net~flons over 18' in diameter. R~air: Install appropriate membrane securement and overlay. 14. ~ U-6-~; Missing / Ioo~ drain bolts. Repair: fns~ll and aghlen all drain bolts Io provide consent ~mpression on Water Cut-~ Mastic. 15. ~ U-16-~; Repair pourable sealer p~kets so / water cannot pond / pourable sea,er is cur~ / ~cket has 1 all sides of p~ket and achieves 2" minimum depth. T~mughly clean ali ~n~atione, 16. ~ U-14-~; Reid fabricated pipe seal missing d~k flan~ / ve~al wrap of Elastofo~ Flashing. Re.ir: Apply a ~ck flange of Ela~ofo~ Flashing and/or a radical wrap of Elastofo~ Flashing achieving ail minimum splice requirements. 17. ~ U-15-~; Mi~ing ~mer application of Elastofo~ Flashing. Re.ir: Apply a minimum 9' x 9' Ela~ofo~ pigear on inside ~rnem per Detail U-15-~D, Iwo wraps of E~astoform Flashing on all outside comers per De~il U-15-C, or a~ly Ca~isle's Sum-Seal ~mer per De~il PS-I~F, 18. ~ Non-Ca,isle roofing material used in Carlisle warranted roo~ system. Repair: Remove non-Carlisle matedal a~ repla~ w~ Cadisle proud. 19. ~ Debris on the roof. R~ir: Remove debris, ch~k ~or damaged areas and repair, 20. ~Sudace splice missing at ve~ical splice at angle change. Repair: Apply a surface spli~ as ~r Detail (s) 21. D Shop drawing ina~urate. R~uire~nt: Submit a revised ~rawing to the I~al CaHisle R~ional Center. 22. ~ CQulk all f~tenem that pen~ra~ a metal ~ounter fl~hing a the me br n ' 23. ~ ~~~,.~.?u~ . ..~ _ a~ . ~ a e~,~ a sealant by othem. . D HOLD!!~I R~ Item t__ lot release by Manager, Technical Se~ice. I ~t~y ~pras~t, til~ lull I~t~llon lhal Carlill~ j~sl~ia~ly rtll ~ i~ lh~ ii,algOl ~ ~1 II~an~, t~al lh~ ~o~ co~torms in Ils ~nti~ ~ all Carlisle s~icllio~, ~lll i~d inslallatlo~ REPAIRS COUPL~ED ON BY_ Dale . Tach Rep A~ending Rooter Inspe~ion No. Approv~ Reject~ Reins~t JSl Rev. t __ Carlisle and Elaslofo~ Flashing am tmdema~s of Carlisle Co~ation ~19~ Carlisle Cor~ralion .,% PAGE 1 of... ~43 (REV. 9,~) COPY Carlisle SynTec Incorportaled P.O Box 7000 Carflsle, PA 17013 (717) 245-7000; FAX (717) 245-7053 INSPECTION REPORT / REPAIR FOR WARRANTY r :~;~ ~ ~- : i I/'l~ '~ ...- -~:~ljc~i.{ l~..-7'~-~e,.~l,: i='~..'i: i ,,.' ,~.~ Job Completion Date: Date'S', .~::~ Tech Rep .~.~-(.., ~L~-~ -c~ AttendingRoofer InspeCtiOn No..~ Approved .-_~,.,~ /'"Rejected (See below)_~ Reinspect_~l~,~__ JSI Rev.# I ARRIVAL RATING: '~ RATING: I 2 3 4 5 6 7~9 10 DEPARTURE REPAIRS REQUIRED: The entire roof should be checked to make sure it meets Carlisle Specifications and Details. Below are some of the repairs that must be made. To ensure proper splicing prior to making repairs all membranes and flashings must be cleaned with soap and water, rinsed and dried, then follow proper splicing procedures. n l.,~'Lap Sealant missing at splice edge. Repair: Apply and feather Lap Sealanl. U-9-__; Missing termination at edge of membrane. Repair: Install appropriate termination per U-9 details. 3~'The vertical splice is open / bridged. Repair: Cut away loose Elastoform Flashinge and apply Elastoform surface splice extending 3" PaSt any cut or open area. Apply and feather Lap Sealanl. 4. [] Fishmouths in field splice. Repair: Cut away fishmouths / wdnkles in splice Apply a swface splice extending 3' in all directions past cul area. Apply and feather Lap Sealant. 5. [] U-5-A, U-9-C; flashing not faslened 12' D.C. Rel3air: Fasten flashing maximum 12' D.C. 6. [] MFS-2, Minimum 2' splice not achieved from back edge of Seam Fastening Plate. Repair: Install new Seam Fastening Plates between existing plates and spaced 12" D.C. and overlay. 7. El MFS-8, MFS-14, U-16; Missing additional membrane securement maximum 12" away from penetration. Repair: Install additional Seam Fastening Plates maximum 12' away from penetration and overlay per MFS specifications. 8 Verily Water Cut-Off Mastic has been applied under constant corn ression er Detail s 10"~ ~aallas.t .we'gh!/s'z.e d°es .n,°t.c°nf°rm t° Carlisle's minimum specifPication (lP; lbs. per~usre foot). Repair: Redistribute or apply additional las~ ~o conlorm IO specifieD criteria. 11. D Membrane securement missing at roof perimeters / inside angle changes greater than 2:12 slope / curbs / round penetrations over 18' in diameter. Repair: Install appropriate membrane securement and overlay. 14.=1~ U-6-_.; Missing / loose drain bolts. Repair: Install and tighten all drain bolts to provide constant compression on Water Cut-Off Mastic. 15.'.~' U-16-_; Repair pourable sealer pockets so I water cannot pond / pourable sealer is cured / pocket has 1" clearance between penetrations and all sides of pocket and achieves 2" minimum depth. Thoroughly clean all penetrations. t 6. [] U- 14-__; Field fabricated pipe seal missing deck flange / vertical wrap of Elastoform Flashing. Repair: Apply a deck flange of Elastoform Flashing and/or a vertical wrap of Elastoform Flashing achieving all minimum splice requirements. 17. I-I U-15-__; Missing corner application of Elastoform Flashing. Repair: Apply a minimum 9" x 9' Eiastofo~n pigear on inside comers per Detail U-15-A/B/D, two wraps of Elastoform Flashing on all outside corners per Detail U-15-C, or apply Carlisle's Sure-Seal comer per Detail PS-15-F. JF. 18. Fi Non-Carlisle roofing material used in Carlisle warranted roof system. Repair: Remove non-Carlisle material and replace with Carlisle products. 19. [] Debris on the roof. Repair: Remove debris, check for damaged areas and repair. 20. [] Surface splice missing at vedical splice at angle change. Repair: Apply a sudace splice as per Detail (s) 21. [] Shop drawing inaccurate. Requirement: Submit a revised drawing to the local Carlisle Regional Center. 22. [] Ca, ulk.all.lasteners that. l~enetrate a metal counter flashing and tbe membrane with a sealant by others. [] J.J-I] I~.s~- ~.~. It -t'~,;L, ,,,,~ -r,.+ .~ ~.,_,.i,~ ~ 't~L ;,n? J~] HOLD!!!! FIFW Ilem #~ lot release by Manager, Technical Service. I hereby represent, with full intention that Carlisle justifiably rely hereupon in the Issuance of its warranty, thai the project described above now conforms In its entirety with all Carlisle specifications, details and installation Instructions. Job Name: i i-~l t .: h-~.l I lit., I .! t ltd ~ I-'.l t ! I I ) I 1'41., ~.~ Location: _,, 1- Il. it.-;J il.:: ? i'4., I I~1 Owner: _l'Jl. L.J I- ~.lt'i:.11;l.) I)l..~-Jl-I.l_ll'-'fll I'JJ I,;Ih,,'lJt System r.i Material : Ij ~-, H r;Drawing # ~.~.;-~L?'~ u ] '?.41-J Job # J IJ i"h'il.~.H '~f~_~ REPAIRS COMPLETED ON BY Date ~ '~_ -(:~ ~-;'~ Tach Rep Attending Roofer., , Ihs~tion No. _ ,~ Approved Rejected ~ neinspect ..~;~ (~arlisle and Elastoform Flashing are trademarks of Carlisle Corporation ©1996 Carlisle Corporation FORM 85-5-9~t3 (REV. 9"96) PAGE 1 of__~_.~ JSl Rev. ;ARL!SLE'S COPY Carlisle SynTec Incorportated P.O. Box 7000 Ca rliste, PA 17013 (717) 245-7000; FAX (717) 245-7053 INSPECTION REPORT ! REPAIR FOR WARRANTY Oate~/Z~! ~ ~ Inspection No. ARRIVAL RATING: JobName: (-'~E ~.~,',t~.,~ ~-L~"3 ~- ~-',,-D ,.~ , ' Lo~tion: t~o ~ ~ ~ 5 Owner: ~c~e~ ~ ~.~.* ~ ~ ~G~ P. System ~ Material 0~0 ~ ~ Square Feet '~ Drawingff ~~Oi~q~ Job~ t005~ Ot~ Job Completion Date: ~c. ~ ~ ~ t~ ~. ., Tech Rep IIc~ .~, '~(~ u~ ~'~ Attending Roofer Approved- ~, Reined (See below) ~ Reinspe~~ ~ 3 a 5 ~ 7 8 9 !n~ DEPARTURE RATING: I 2 3 4 5 6 7~9 10 REPAIRS REQUIRED: The entire roof should be checked to make sure il meets Carlisle Specifications and Details. Below are some of the repairs that must be made. To ensure proper splicing prior to making repairs all membranes and flashings must be cleaned with soap and water, rinsed and dried, then follow proper splicing procedures. ~.!.D Lap Sealant missing at splice edge. Repair: Apply and feather Lap Sealant· ~2.~*' U-9-_.; Missing termination at edge of membrane. Repair: install appropriate termination per U-9 details. 3. [] The vertical splice is open / bridged. Repair: Cut away loose Elastoform Flashinge and apply Elastoform surface splice extending 3' past any cut or open area. Apply and feather Lap Sealant. 4. [3 Fishmouths in field splice. Repair: Cut away lishmouths / wrinkles in splice. Apply a surface splice extending 3" in all directions past cut area. Apply and feather Lap Sealant. 5. I-t U-5-A, U-g-C; flashing not fastened 12" D.C. Repair: Fasten flashing maximum 12' D.C. 6. [] MFS-2, Minimum 2' splice not achieved from back edge of Seam Fastening Plate. Repair: Install new Seam Fastening Plates between existing plates and spaced 12" D.C. and overlay. 7. r-I MFS-8, MFS-14, U-16: Missing additional membrane securement maximum 12' away from penetration. Repair: Install additionaJ Searr Fastening Plates maximum 12' away from penetration and overlay per MFS specifications. :.8.~r' Verify Water Cut-Off Mastic has been applied under constant compression per Detail (s) i0. [] Ballast weight / size does not conform to Carlisle's minimum specification (10 lbs. per square foot). Repair: Redistribute or apply additional ballast to conform to specified criteria. 11. [] Membrane securement missing at roof perimeters / inside angle changes greater than 2:12 slope / curbs / round penetrations over 18' in diameter. Repair: Install appropriate membrane securement and overlay. 14. [] U-6-__; Missing / loose d;ain bolts. Repair: Install and tighten all drain bolts to provide constant compression on Water Cut-Off Mastic. 15. [] U-16-~; Repair pourable sealer pockets so / water cannot pond / pourable sealer is cured / pocket has 1" clearance between penetrations and all sides of pocket and achieves 2" minimum depth. Thoroughly clean all penetrations. 16. [] U-14-__: Field fabricated pipe seal missing deck flange / vertical wrap et Elastoform Flashing. Repair: Apply a deck flange of Elasloform Flashin, and/or a vertical wrap of Elastoform Flashing achieving all minimum splice requirements. 17. t-I U-15- _; Missing comer application ol Elastoform Flashing. Repair: Apply a minimum 9" x 9" Elastoform pigear on Inside comers per Detail U-15-AJB/D, two wraps of Elastoform Flashing on all outside comers per Detail U-15-C, or apply Carlisle's Sure-Seal comer par Detail PS-15-E/F Non-Carlisle roofing material used in Carlisle warranted roof system. Repair: Remove non-Carlisle material and replace with Carlisle products. Debris on the roof. Repair: Remove debris, check for damaged areas and repair. Surface splice missing at vertical splice at angle change, Repair: Apply a surface splice as per Detail (s) Shop drawing inaccurate. Requirement: Submit a revised drawing to the local Carlisle Regional Center. .Cau~ all fasteners thatj;~ne~rate a~m. etal counter flashing ~ thgmembran[~ witl~,a sealant by othe.m. , . [] HOLDHH RFW Item it__ for release by Manager, Technical Service. I hereby represent, with full intentIon that Carlisle justifiably rely hereupon In the issuance of its warganty, thai Ihe project de~cribed abo now conforms In ils entirety wIth all carlIsle specifIcatIons, details and installation InstructIons. Date Inspection Ne. 18.[] 20. [3 21.~ 22. [] REPAIRS COMPLETED ON JSl Rev. FORM 85-5-943 (REV. 9/9~] BY. .Tach Rep Attending Roofer Approved Rejected Reinspect Carlisle and Elastoform Flashing are trademarks of Carlisle Corporation ©1996 Carlisle Corporation PAGE 1 of CARMSLE'S COPY Carlisle SynTec Incorportated p Q Box 7000 Carlisle, PA t7013 (717) 245-7000; FAX (717) 245-7053 Applicator: Rep: INSPECTION REPORT I REPAIR FOR WARRANTY Location: ' ~-/~,,y.,~ ~/~'~ - Owner: O System //~ ~ Material ~ ~Square Feet~e_..q~ Drawing # ~ ~?O ~l~fl~ Job #_ I~(~ (c.~(,., Job Completion Date: Date~ Tach Rep j~tt~''T' '-f~' :.g~,~--~ Attending Roofer ~-~z~ ~ Insp~ioh Nb. ~ Approved_ ~ ~ - ~ejected (S~ below) ~ Reinspect~ ~ ~ JSI Rev. ~~ ARRIVAL RATING: k to make sum it meets Ca,isle Specifi~ons and De~ls. Below am ~me of ~e r~m ~at S REQUIRED: The entire roof sh~ld ~ che~ ~ ...... ~ .~t ...... ~ h~ d with ~ and water, dn~ and dna, then follow pro~r splicing proc~ures. ~. ~ Lap Sealant mi~ing at splice edge. Re,ir: Apply and feather Lap Sealant. 2. ~ U-9-~; Missin9 termination at ~ge of membrane. Re,air: Install appropriate te~ination per U-9 de~i~. 3. ~ The venial splice is o~n I bridged. Repair: Cut away I~se Elastoform Flashi~ and apply Elastofo~ suda~ ~lice e~endin9 3" ~st any cut or o~n area. AppN and feather Lap Sealant. 4. ~ Fishmo~hs i~ tield splice. ~epair: O~ away fishmouths / wrinkles i~ splice. Apply a su~ace splice exle~ing 8" in alt dir~lions past cut area. Apply and feather Lap Sealant. 5. ~ U-5-A. U-9-C: flashing not fastened 12" O.C. Re,ir: F~ten ll~hing m~imum 12" O.C. 6. ~ MFS-2, Minimum 2" splice not achieved from back edge of SeAm Fastenin9 Plate. Repair: I~stall new Seam Fastening Plates betw~n exiMing plates and spa~ 12' O.C. and oveday. 7.~ MFS-8, MFS-14, U-16; Missing add~ional me~r~ne s~urement m~imum 12" away from penet~a~on. Repair: Instil addAional ~am Fastenin9 Plates m~imum 12' away from ~nelration and overlay per MFS sp~itications. 8.~Ved~ Water CutOff M~t~ has been applied under consent ~mpression per Detail (s) ' 10. ~ Ballast weight / size d~s not ~nlorm to Carlisle's minimum ~ciflcation (10 lbs. ~r square t~t). R~air: R~is~ib~e or apply additional ballast to confo~ to sp~ified criteria. 11. ~ Memb~ne securement missing at r~f perimeters / inside angle changes greater than 2:12 slo~ / cu~s / round ~netmtioos over 18" in diameter. Repair: Install appropriate membrane ~urement and oveday. 14. ~ U-6-~; Mi~ing / loose drain bolts. Repair: tnstall and tighten all drain hoes to provide con,ant ~mpression on Water C~-~ Ma~. 15. ~ U- 16-._; RepAir ~urable sealer p~kets so / water cannot pond I pour~le sealer is cured / pocket has t' dear~ baleen penetrations ~d all sides of pocket and achieves 2" minimum depth. Thoroughly clean all ~netratlons. 16. ~ U-14-_.; Field fab~cated pi~ seal missing d~k flange / veAical wr~ of Elastoform Flash~g. Repair: ~[Y a d~k flange ol El~to~ Flashin~ and/or a veffical wrap of Elastoform Flashing achieving ~lt minimum splice requirement. 17. ~ U-15-__: Missing corner application of E~stofo~ Flashing. R~air: Apply a minimum 9' x 9' Elastotorm pigear ~ ins~e ~m per De~il U-15-NB/D, ~o wraps ol Etastoform Flashing on all outside come~ per Detail U-15-C, or apply Carlisle's Sum-Seal ~mer per De~D PS-I~ 18. ~ Non-Ca~tisle r~fing material used in Carlisle warranted roof system. R~air: Remove non-Carlisle material and replace wi~ ~rlisle pr~. 19. ~ Debris on the roof. Repair: Remove debris, ch~k for damaged areas and repair. 20. ~ Sudace splice mi~ing at ve~ical splice at angle change. R~air: Apply a surface spli~ as per De~il (s) 21. D Shop drawing ina~urate. R~uire~nt: Su~t a revis~ drawing to the I~al Cadisle Re~onat Center. 22ulk alt fastene s that penetrate A metal counter lashing and membra with a ~alan othem. ~ . [] HOLD!l!! RFW Item It for release by Manager, Technical Se;vice. i hereby represent, with full intention that Carlisle ]ustiflably rely hereupon in the isauance of its war~anty, that. the project described abe now conforms in its entirety with all Carlisle specifications, details and installation instructions. REPAIRS COMPLETED ON BY Date _Tach Rep ABending Rootero Inspection No. Approved Re~ected _ Reinspect JSI Rev. tt Carlisle and Elastoform Flashing are trademarks of Carlisle Corporation ©1996 Carlisle Corporation FORM 1~5-5-943 (REV. CARLISLE'S COPY PAGE 1 of.__ INSPECTION # REPAIR FOR WARRANTY Date:'~/2/'~ FROM: C, J'~l',l Field '~e~hnical Representative Construction Materi~s ~sion ri ri PAGE OF-~. Carlisle SynTec Incorportated P.O. Box 7000 Carlisle, PA 17013 (717) 245-7000; FAX (717) 245-7053 ~pplicator: INSPECTION REPORT I REPAIR FOR WARRANTY Lo.lion: ~ ~ ~ j ~" ~ , S stem ~ ~[~H~ C Rep: ~,~,~ ~C.'~ ~l .,~< - Orawing,~~ _ ~'~',~ ' - ~, - -' Job Compte{i~ D~: ~l~,.~ ~i Roofer ~~- .,,e.,,., ,s,..v- Ins~ioh No'. ~ Approved ~ Reje~ed (See below) ~ then follow proper splicing procedures. 1. ~ ~P Sealant missing at spli~ ~ge. R~ir: Apply and feather Lap Sealant. 2. ~ U-9-~; Missing termination ~t e~e ol membrane. Repair: Instil appr~ete te~ination per U-9 details. 3. ~ The ve~icat splice is o~n I bddged. Repair: Cut ~way I~se Elastoform Flashin~ and ~ply Etastofo~ su~ace splice e~ending 3' p~t any cut or open area. Apply and feather ~P Sealant. 4. ~ Fishmouths in field splice. Re. Ir: Cut away fishmouths / wrinkles in splice. Apply a sudace ~lice e~ending 3" in all dirties p~t cut area. Apply and feather L~p Sealant. 5. ~ U-5-A, U-9-C; fishing not ~astened 12' O.C. R~air: Fasten flashing m~imum 12' O.C. 6. ~ MFS-2, Minimum 2' spli~ not achieved from back ~ge o{ Seam Fastenin9 Plate. Repair: Install new Seam Fastening Plates baleen existing plates and sp~ed 12" O,C. and overlay. 7.~ MFS-8, MFS-14, U-16; Missing additional membrane securement m~imum 12" away from penet~tion. R~ir: Inst~l a~ional Se~ Fastening Plates maximum 12" aw~y from pene~ation and overlay per MFS s~cifi~tions. ~ ~Ved~ Water C~-Off Mastic has been applied un~r constant compre~ion ~r Derail (s) ~.10. ~ Ball~t weight / size does not conlo~ to Carlisle's minimum sp~ification (10 lbs. per square foot). R~air: R~i~rib~e or ~ply a~onal ballast to confo~ to sp~ified criteria. 11. ~ Membrane securement mi~ing at roof pedmetem / inside angle changes greater than 2:12 sl~e / curbs I round ~ne~tions over 18' in diameter. R~air: Install appropriate membrane ~curement and overlay. 14. ~ U-6-__; Missing / loose drain bolts. Re.ir: Instil and tighten all drain bolL~ to provide ~ns~nt compre~ion on Water C~ Ma~c. 15. ~ U-16-~; Repair ~ur~le ~aler p~kets so / water cannot pond I pourable se~ler is cured / p~ket has 1" clearance ~n penetra~ons and ail sides of ~cket and achieves 2' minimum depth. ~omughly clan all 16. ~ U-14-~; Fie~d fabricated pi~ seal missing d~k flange / ve~ical wrap of Ei~tofo~ Flashing, Repair: App~ a d~k flange of Elastoform Fl~h~g ancot a ve~ic~l wrap of Elastolorm Flashing achieving ~11 minimum spli~ requirements. 17. ~ U-[5-~; Missing corner application ol Elestoform Fibbing. Repair: ~ply a minimum 9' x 9' Elastolo~ pigear on inside ~mem per U-15-~/0, ~o wraps of Elastoto~ Flashing on all outside corners per Detail U-15-C, or apply Ca~isle's Sum-~at ~mer per De~il PS-I~ 18. ~ Non-Carlisle roofing matedal used in Carlisle wa~anted r~! system. Re.ir: Remove non-Carlisle mate~al and repla~ wi~ Carlisle ~u~s. 19. ~ Debris on the roof. Repair; Remove debris, ch~k fo~ damaged areas and repair. 20. ~ Sudace sp[i~ mi~ing at veffical splice at an~e change. Repair: Apply a suffa~ splice as ~r Detaii (s) 21. ~ Shop drawing inaccurate. Requi~ment: Submit ~ revised drawing to the Io~1 Carlisle Regi~al Center. in andJ eme brane it aseaantby them. ~ ' . · - j 'J tor release by Manager, T~hnica~ Se~ice. ~ HOLD{]!] R~ Item ~ I hereby repre~nt, with full in~ntion that Carlisle ]uat~iably re~ ~upon in the issuance of ~s wa~a~, th~ the ~o~t de~d now conforms in Its entir~ wi~ all Carlisle s~iflcations, details and Installation Instm~ions. REPAIRS COMPLIED ON BY_ , - JSI Rev. e ~- FORM 85-5-~,3 (,REV. 9/96) CARLISLE'S COPY Approved [ {~,,) Rejected ~ Reinspect _ Carlisle and Elastoform Flashing are trademarks ol Carlisle Corporation ~)t 996 Carlisle Corporation PAGE 1 of~ Carlisle SynTec Incorporated REPORT I REPAIR FOR WARRANTY I.ocaltlC~: HffJ~LKb.;4 ~ r~..J 8. o ~y WMM C4x-Off kl~MG Ires bMn .4WkKI u I1 ~ IiillfllJiIill1 (li) III. IXIr lqult 141)i). Ikllll. ]llIlIIlIIllIi Ir ilIlll/I I&Iii~&iil~l~ l.fp-----~ .- ....... ':jJl_ ~l 8-'89"19S~l 4:01PM ~ ~ INSPECTIOI - lib Ij I LtI. IE. I,I.J -[:1.1~ .'~'i' f.-:l. ARRIVAL RATING: mu~ i~ mil. To .a~m'e ~' r,l~k:ing iXi~ LISLE-SYNTEC18~Ia7aGa4q27 Carlisle SynTec Incorporated qi REPORT I REPAIR FOR WARRANTY :l.:*,llll" Il,Lt.:. .Iobl~l~: TI-th L. IIXI(ll ~1~'41~ I~:'I'UH IHI~IL.L)IN'I,~_ ~l.;,J _ Loc~tk~: -HI~RJ~-LN t NJ --- __ O~nec - HLi..L 'i.¢qt. aU m)t .Uk.! .LJl-'flkt4,1 I.UKP. Sysem ~ Malerm . U6U F~_ 5quemFM~ 'L'~U~' it:lt.:. I IlL:. : ~T_H ~'~ 1Y~ ' - ' OMlde, PA 17o ~-TasS INSPEOTC Carlisle SynTec Incorporated REPORT I REPAIR FOR WARPJ~NTY , d EjMiMorm ~. RiiIMr: A, lqxy I M Rlfqil d EiIICiQfm ~ 18- 0 U-14-__: 1'7. r'~ U-I~,,_~ ~ C~nM li3GiK3dk~n C~ 7.0 M1~-14. U-18; IJisdno ~kSlMmd 6.0 tJ-&A.U*&~ kddn9 nm tmmmd 12'' °*C e. EJ ~1~~Fm(~n~Mkmn SERXAL NO. TS24413 REV.1 DATE OF XSSUE: DECE#BER 15, xggg CARLISLE GOLDEN SEALT~ TOTAL ROOFING SYSTEM WARRANTY BUTLDTNG MER: HOBOY~N BUILDING ASSOCIATES, L.L.C, NAR£ OF BUXLDXNG: '114E CURLXNG CLUB (BUXLDXNG #4) AMgg01g4N BUII.DZI~ ADDRESS: HOBOKEN, NO 0SI/REV.1 DATE OF CONPLETION OF THE CARLISLE TOTAL ROOFING SYSTEN: 03/22/99 DATE OF ACCEPTANCE BY CARLISLE: DECEIIBER 15, 1999 Carlisle SynTec Incorporated, warrants to the Buildin§ Owner (OWNER) of the above described buildinG, that, subject to the terms, conditions and limitations stated in this warranty, Carlisle will repair any leak in the Cadisle Golden SealT" Total Roofing System (CARLISLE TOTAL ROOFING SYSTEM) installed by a Carlisle ^uthorized Roofing applicator for a period of 15 years commencing with the date of Carlisle's acceptance of the Carlisle Total Roofing System installation. However, in no event shall Carlisle's obligations extend beyond 15. $ years subsequent to the date of substantial completion of the Carlisle Total Roofing System. See below for exact date of warranty expiration. The Carlisle Total Roofing System is defined as the following Cadisle brand materials: Membrane, FlashinGs, CounterflashinGs, Adhesives and Sealants, insulation, Recovery Board, Fasteners, Fastener Plates, Fastening Bars, Metal EdGinG, Metal Termination Bars, and any other Carlisle brand products utilized in this installation. TERMS, CONDITIONS, LIMITATIONS (~ should ~efld writleel no~ of I noUce within thirty (30) day~ of the disoovery of Imy le=k in the Cadlde Total RG~,,~-i~ Syn. Sen~ ~ d lbo addr~ ~t I'c~th mt I~e I~ of It~s warranty. By so hauling CadS'W, the Owner authoriz~ C~rllsie or its de.lgnee leak to Cedlsle's Warraaly Sbeuld the I.vestigat~n reveal Iha cause of the leak to be ouleide the scope of II~,s Warr~.. investlgalion and re~air c=~ for this .orvice )hall ~e paid by the Owne~. . 2. If. upon in~.pec~ion,Cmtisle (M~ thai the ieak i:~ c~Jsed by a delect in the CarlIsle T~I R~ S~m'$ ~ls' or ~ship of ~ C~IsM ~ R~ng Applicalor in ;.nstalllng the same, Owner's remedies and Carlisle's Ilebillh/shall be limited to Carlisle's repair of the le~k. 3. ~-~,.....~.-h. dm. n,~ be aoolic~l~e if. u~x3n Cedis e's inseacdno. Ca.isle detem,:nes that ...ny of the ..f~k,V~rlg _has ~:. , .. and wtnds of ~eak gust -~"ee~---of ~ mp~o~h~gher~allOmele~alx)veground;?' The Ca. isle Total Rooflng Syalem ie'd-arelged by any intentional or negligent acll. I~:ibents, mllule, al~Uso, vml~llllm, CWll Olsommmn~e or me .~, etc.. oc~ure (b} Deleh~,~ Or fallL~l Gl l~kJIng g:mmporten~. Including. b~ n~ limited to. the nx~f m]l~i, wMls' m~la~' HVAC units' ~ ~ ~ ~' causes · I~k, or olher, iso dmnegas the Cmll~e Tmal Roofing Sy,~n; or (d) A4:Ids, oils, hem~JI chen~/x:~ and th~ lik~ ceme in c°nlact with the Cedi~e T°IM R°°fmg Syltem and cause '' le~k' or °~m~Hse damage ~*le Cmltsle T°~] R°ofing SyMerp' 4. This Wml'antyshall be null al~d void if Irly of the f°linwing "J~all - -'-¥-~-~- 'r: ' {b) Faitum by ~ Ovmer to u.e relmm~st~le c~m in n'mintaining ~e roof, laiCl malnlenonce to Include' but no~ be lirnitod t°' the4e items Ibted ~n Carlisle's Care & Malnlenance Informalinn M~sot which accompanies this Wanl~y. 5. Only CaltiS~lt ~ Ii'lS~l~orl ~ Ire ~ by this irllTmnly. Cldisle specific, ally disclaims liability, under any ~ of I~w, for dlmagel ~lslained by or caused by non-C·rllsle ~ inoul~on IXeduc~. 6. During the term ~31' thi~ Wmnlnly* CldiMe shMI hav~ frae acceal to Itm roof during r"gulor buslrm~s Ixmrs' 8. Cedisle's failure at any time to enforca ~ny of Ihe tem~ or conditions stated herein shall not be conslmed to be · waiver of s~ch prov~lon. 9. Carlisle shall not be reslx3rmible for the cleanliness or dlscoloretlon of the Carlisle To~i Roofing System caused by envtronmmltal con~litioP, s Inclu~ing. I=ut not limited to. di~, 10. This vm~ranty is not. a..~gn~le by operation of law or oU~r~se. Appllc. aUon may be made by a new building owner for reissuance of the wan'anl~ during the ortglnal period. ~ pn3cedure~, including an ~ of the Roofing System by · Cmtisle re~'esent~tive, and fees will at)ply to any reissuance Corlisle ~ the right, in sole discretion, to refuse to reissue this warranty. CARLISLE DOES NOT WARRANT PRODUCTS UTILIZED IN THIS INSTALLATION WI'IICH iT HAS NOT FURNISHED; AND SPECIFICALLY DISCLAIMS LIABII~Y, UNDER ANY THEORY OF LAW, ARISING OUT OF THE INSTALLATION AND PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR CAUSED aY, PRODUCTS NOT FURNISHED BY CARUSLE. THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OF THE CARUSLE TOTAL ROOFING SYSTEM OR ITS COMPONENTS. THERE ARE NO WARRANTIES ER'HER EXPRESSED OR IMPUED, INCLUDING THE IMPUED WARRAN1~=S OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHICH EXTEND BEYOND THE FACE HEREOF. CARLISLE SHALl. NOT BE LIABLE FOR ANY INCIDENTAL, coNSEQUENTIAL OR OTHER DAMAGES INCU,IOING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS UNDER ANY THEORY OF LAW. AUTHORIZED SIGIIATURE ........... TITLE: Dtrectm', Technical A Yarrant¥ Sm'vtces THIS WARRANTY EXPIRES: SEPTEIlBER 21, 2014 YOUR SINGLE-PLY SOLUTION= Ca~sle SynTec Incorpo~ P. 0. Box 7000, CadLMe, PA 17013 · (717! 245-7000: Fax (717! 245-7053 · www.ca~lsie-~yntec.com SERIAL NO. TS23643 REV.1 DATE OF ISSUE: DECENBER 15, 1999 CARLISLE GOLDEN SEALTM TOTAL ROOFING SYSTEM WARRANTY BUILDING OlgNER: HOBOKEN BUILDING ASSOCIATES, L.L.C. K4J4E OF BUILDING: THE CURLING CLUB (BUILDING #1) C#0990270N BUILDIN$ ADDRESS: HOBL~EN, Nd 3SI/REV.3 DATE OF CO#PLETION OF THE CARLISLE TOTAL ROOFING SYSTE#: 03/22/99 DATE OF ACCEPTANCE BY CARLISLE: DECENBER 15, 2999 Carlisle SynTec Incorporated, warrants to the Building Owner (OWNER) of the above described building, that; subject to the terms, conditions and limitations stated in this warranty, Carlisle will repair any leak in the Carlisle Golden SealTM Total Roofing System (CARLISLE TOTAL ROOFING SYSTEM) installed by a Carlisle Authorized Roofing applicator for a pedod of 15 years commencing with the date of Carlisle's acceptance of the Carlisle Total Roofing System installation. However, in no event shall Carlisle's obligations extend beyond 15.5 years subsequent to the date of substantial completion of the Carlisle Total Roofing System. See below for exact date of warranty expiration. The Carlisle Total Roofing System is defined as the following Carlisle brand materials: Membrane, Flashings, Counterflashings, Adhesives and Sealants, Insulation, Recovery Board, Fasteners, Fastener Plates, Fastening Bars, Metal Edging, Metal Termination Bars, and any other Carlisle brand products utilized in this installation. TERMS, CONDITIONS, LIMITATIONS 1. ~wnerM~aipr~vk~C~H~s~w~hw~itte~n~cewithinth~1y(3~)daysof~hed~we~ofany~eakinthe~leT~R~ng~ Ow~erNx~utd,,endwriffennoflceofa leak to Carll~e's Warranty Ser~ees Department at the acklmss set f~th at the ~ ~ this warranty. By ~o ng~ifying Cadi~le. the Owner authorizes Carlisle or it~ daslgnee to immaligale ~ cause of the leak. ~ the Investlgstion reveal 1he cause of the leak to be outside the scope of ~ Wanlnty. invealJgallon and repair coats For this se~ica 2. ff. upe~ inspecUon. Cmlisto detomllnes that the leak la caused by a defect in the Carlisle Total Roofing SyalenYs materials, or wo~tmmnahip of the Carlisle Authorized Roofing Applicator in inslalllng the same. Owners remedies and Carlisle's liability shall be limited to Carlisto's repair of ~te leak. 3. This warranty .hall not be applioa~e if. upon Cartisie's inapact~n. CaHIsio deten,ines thai any of the fo#owing has occurred: (a) 'The C..mlisle To~l Roofing Syst~ t~ damaged by natmal disasters, im:flJalng. I~'t nnt limited to. lightolng, fire. insect infastaUons, earthquake, tornado, hail. hurricane~. (b) 'The CarhMe ToMiI Rgx~nG Sy~m I~ b'"'m~ed by ~ Int~tionM or n~lk~nt ,mct~, accident, rntmJ~e, mbu~e, ym~lMi~m, cirri disobedience, Or b~e like. (d) Acids. o~1~, hlrmJul chen~ids and the ~ oon~ in cor~ct w~ the Cadlaio ToIM Rog~ng SyMem Bnd c~u~e · toek~ or olherwisa dmm~e ~ CarllMe Totat Roofin~ System. 4, This Warranty Mmdl be null and void If -,ny oi' the folknv~ng M~# occur: (a) If. altm' Inmallalim of ~e CmtMe Tmml Roo~ng System by ,, Cadi~e Autho~zed Ron~ing Applk:a~m. there mw any ~dtm.~.crm or repairs rrmde on or thnmgh me roof or objects such as, but not limited to. ,tn.~ur~. fixtures, or ufil~uea are placed upon or attached to the roof wtU~oul first oblalning w~tten autltm~,:aOon from Cadt$io; or (b) Failure by the Ouwmr to uae ream~nab~ care in maintaining lhe n~t'. said malntonar~e to Inclu~M. but no~ be limited to. tho~e items IIMeO on Cadisto'$ Care & Maintenance Infonnatkm ,heel which ac=empanlas this Wan*anty. 5. OnJy Cartisle brand Maulalton p~-~__~p_~- are coven~ by this warr .~. Carlisle specifically disclalms liability, under any theory of law. for d,mage$ sustained by or ~ by 6. During the ton~ of this Warranty. Cmliste "hall have fr~e accesa to the roof duflng tegutar busioe,m hour~. 7. Cedi.ia shsti have no o~ undm' this Warranty whito any bill,, for Inatalleliee. ~uppltos. send:e, and warmn{y ctl~Bea have rl~ been pakl in futl to tt.m Cadisle ~ed Roofing Applicator. Carllste. or matodal suppliers. 8. Carlisle's faitu~e at any time to en~rce any of the terms or conditions stated herein shall not be conMrued to be a waiver of' ~ provision. 9. Cadisto "hall no~ be re~ponsibto for the cleanliness or discoloration of the Carlisle Total Roofi~g Systm~ caused by environmental conditions IncJudlng. but not limited to. dirt. pollutants, or biological agents. 10. Th~S w&¥~r.;.y Is not amsignabie by ~mraUon ot law or otherwise. Application may be made by g new bulk:ling owner for relssuance o~ the warranty during the ohginal warranty pahod. Ce~[aln prooed~xas, includiog an im~ection of the Roofing System by · Carlisle representative, and fees will apply to any reismJance. Carlisle reservea U..e rlgM. in Its ~le discretion, to refuse to reissue this wan. anty. CARLISLE DOES NOT WARRANT PRODUCTS UTIUZED IN THIS INSTALLATION WHICH IT HAS NOT FURNISHED; AND SPECIFICALLY DISCLAIMS LIABILITY. UNDER ANY THEORY OF LAW, ARISING OUT OF THE INSTALLATION AND PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR CAUSED BY. PRODUCTS NOT FURNISHED BY CARLISLE. THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OF THE CARESLE TOTAL. ROOFING SYSTEM OR ITS COMPONENTS, THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPEED, INCLUDING THE IMPEED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHICH EXTEND BEYOND THE FACE HEREOF. CARUSLE SHALL NOT BE EABLE FOR ANY INCIDENTAL, CONSEQUENT~L OR OTHER DAMAGES INCLUDING, BUT NOT EMITED TO, LOS~ OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS UNDER ANY THEORY OF LAW. 3. Thomas Nettllng TITLE: Director, Technical I V~ervlces ~ ~ZS H~ EXPIRES: SEPTENBER~2014 YOUR SINGLE-PLY SOLUTION"' P. O. Box 7000, Cadi~Je. PA 17013 ~ (717) 245-7000; Fax (717) 245-7053 ' www.carflMe-syntm=.com WA-PO001 (,~) EXHIBIT "H" Cadisle SynTec Incorpora SERZAL NO. TS23840 REV.1 DATE OF /SSUE: DECE#BER 15, 1999 CARLISLE GOLDEN SEALTM TOTAL ROOFING SYSTEM WARRANTY BUZLDZ#G MER: HOBOKEN BUZLDZNG ASSOCZATES, ~.L.C. NAHE OF BUZLDZNO: THE CURLZNG CLUB (BUZLDZN6 #2) BUZLD~NGADDR£SS: HOBOKEN, N3 DATE OF CO#PLETZON OF THE CARLZSLE TOTAL ROOFZI~ SYSTE#: 03/22/99 DATE OF ACCEPTANCE BY CARLZSLE: DECEHBER 15, 1999 AB#gg0193N 3SZ/REV,3 Carlisle SynTec Incorporated, wan'ants to the Building Owner (OWNER) of the above described building, that; subject to the terms, conditions and limitations stated in this warranty, Carlisle will repair any leak in the Carlisle Golden SealTM Total Roofing System (CARLISLE TOTAL ROOFING SYSTEM) installed by a Carlisle Authorized Roofing applicator for a pedod of 15 years commencing with the date of Carlisle's acceptance of the Carlisle Total Roofing System instaflation. However, in no event shall Carlisle's obligations extend beyond 15.5 years subsequent to the date of substantial completion of the Carlisle Total Roofing System. See below for exact date of warranty expiration. The Carlisle Total Roofing System is defined as the following Carlisle brand materials: Membrane, Flashings. Counterflashings, Adhesives and Sealants, Insulation, Recovery Board, Fasteners, Fastener Plates, Fastening Bars, Metal Edging, Metal Termination Bars, and any other Carlisle brand products utilized in this installation. TERMS, CONDITIONS, LIMITATIONS 1. ~wnor~tm~pr~vk~eC~d~Mewithw~itte~n~cewithinthi~ty(3~)d~ysoft~`ed~vep~ofenyie~kinmeCar1~MeT~to~Roo~ngSyslem~ OwnerMx)Mdssnd,MttWnno6ceMi leak to Ca~.sle's WmTanty Safln~ces Depertment Bt tM address set f(:n~ ,K me boltom of this w~rmnty. By so nof~/tog C~ie, the ~ mJUX)dzes Cmtlsle or I~ designee to invsstigMe tyro cause of tl-,e leak. Should Ihs Investigation rewM the cause of the leak to be o~Jtslde ti'ts scope of this W~rrartl~, invesljg~iofl and re~)str co,ts for this ~ewice 2. If, upo~ inspection, Cmlisle detomfine~ that the leak is caused by e dMect ~ the CarliMe Total Roofing Syslem's matm'iM$, or ~ip of me Cartisle Authodz:ed Roofing Applicator in installing the ~ame, Own~"$ remedies end Carfisle*s liability #sail be llmitod to Carlisie's repak' of me M~ak. 3. This wan*anty shall nof, be ~icabie if. ulx~l Carlisle's inspection, Carlisle determlnes thM any of the f~iowlng has ~x=curred: (a) The Cartisle Total Roofing System is damaged by nahxat ~i~Mers, ~c~cling, but~ol limited to, ligJl~,flng, fire. Insect Iofes~ml~. earlhcluake, tomaclo. ~all. hurricanes. (b) The CadlMe Total I~ Sy~tom ~-cl~maged by any interflton~ or noglige~ ac~. aectde~a, mlm~e, abuse, vam~di~m, cml dtm~Mmge, or me like. caus~ a leak, ~ mberwlso dena#es me C~isle TO~I Reefing Sykes; or (d) Acids, og~, ham~ul cheek:als and the like ceme i~ con,act with II~e Ce#see TOfsl Roofing SyMerrt arxl cauM a leak, or o~rwiss damage me CarllMe Totol Roofing Systom. (a) If. after ir~Mto6~ of b~e ~ TOfM Roc.'.,g Systom by i ~ Aultmdzed Roofing Aplgicalor tt~m am my Mtemlie~ or m~ ~ ~ or ~h ~ ~ or ob~ such as. but nof Ilrnitod to. M~IC~'SS, fixtures,, or utilities ore pbaced upgm or MtocJ'~d to the roof wfl~ut first obt~,W, ng ,M. itten mjthmtzafioo from CretiNs; or (b) Failure by me Ownor to u~e mmena~e cam ~ mmntaining ~e n~t. said ma~teMnce to Include. hul no~ hu timlted to, them items liato~l on Cadisle,s Cam & Ma/mMnanoe tofom~lkm M~eet whic~ acoompanies this Wan~nty. 5. Only Carlisle bral~ kll~afion pn:x]uc~ am cove~ed by this wansnty. Cmlisle specifically dllclsirt~ liability, uncle' Mty theo~ Of I~v, for dice#es sustained by or caused by rmmCa~isie b~and ~ products. 6. During me term of ti'ds W~ra~y. CmllMe ~all have fr~e mss to me ~ dunng regular I~JSlM~ hour. 7. Ca,-tisle shell ~ no abflglk~ under ~ Warranty w'niie any bills for inMatiatJo~, suppties, so~'tce. ~mJ warranty charges have not been paid In full to me Carlisle Auth~lzed Roofing AppllcMor, CadiNe, or mMedM supplies. 8. Carlisle's faikge a~ any time to enforce any of the terms or cor~iti~s ~tatod herekl shall n~ be cortstrued to be a waiver of such provisioo. 9. Carlisle M~Sll nof be respcmsible for the ctoanlines~ or discolorati~t of the Carlisle Totol Roofing System caused by efwlro~mentol candifio~ Inc~uding, bul ~ limited to, dirt, polluto~ts, or biological agents. 10. This wan*miry is nc~ soslgrmble by opefalk:~ of law m- othef~ss. ApplicaUml may be made by a new Du#ding owner for relslma~ce of tim wan'an~ during the od#isM ~ pe~xl. C. Mlain procao~, including ~ inspectiml of tl~ Roofing System by s Carflsle repmsenlBtive, and toes will sPt~y to any missuance. Cadisle res~e~ me right, in Itz sole discrefiofl, to ~ to reissue this wa~'M~ty. CARLISLE DOES NOT WARRANT PRODUCTS UTILIZED IN THIS INSTALLATION WHICH IT HAS NOT FURNISHED; AND SPECIFICALLY DlSClJdMS UABIUTY, UNDER ANY THEORY OF LAW, ARISING OUT OF THE INSTALLATION AND PERFORMANCE OF, OR DAMAGES SUSTAJNEO BY OR CAUSED BY, PRODUCTS HOT FURNISHED BY CARUSLE. THE REMEOIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OF THE CARLISLE TOTAL ROOFING SYSTEM OR ITS COMPONENTS. THERE ARE NO WARRAN~ES EITHER F-.XPRE~SED OR IMPLIED, INCLUDING THE IMPUED WARR,~JT1ES OF FITNES~ FOR A PARTICULAR PURPOSE AND MERCHANTABIUTY, WHICH EXTEND BEYOND THE FACE HEREOF. CARLISLE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENI'La~. OR OTHER DAMAGES INCLUDING, BUT NOT MM[TED TO, LOSS OF PROFIT~ OR DAMAGE TO THE BUiLDiNG OR ITS CONTENTS UNDER ANY THEORY OF LAW. YOUR SINGLE-PLY SOLUTIONTM p. O. Box 7000, Cadisk~. PA 17013 m (717) 245-7000; Fax {717) 245-7053 · www.carlisle-syntec.com WA-FO001 Carlisle SynTec Jncorpora SERIAL NO. TS23842 REV.1 DATE OF ~SSUE: DECE#BER 15, 1999 CARLISLE GOLDEN SEALTM TOTAL ROOFING SYSTEM WARRANTY BUZLDZNG OIOIER: HOBOKEN BUILDZNGASSOCZATES, L,L.C. NAME OF BUZLDING: THE CURLZNG CLUB (BUZLDZNG #3) BUILDING ADDRESS: HOBOKEN, N3 DATE OF CONPLETZON OF THE CARLISLE TOTAL ROOFING SYSTE#: DATE OF ACCEPTANCE BY CARLZSLE: DECENBER 15, 1999 03/22/99 AMggo195N 3SX/REV.3 Carlisle SynTec Incorporated, warrants to the Building Owner (OWNER) of the above described building, that; subject to the terms, conditions and limitations stated in this warranty, Cadisle witl repair any leak in the Cadisle Golden Seal~ Total Roofing System (CARLISLE TOTAL ROOFING SYSTEM) installed by a Carlisle Authorized Roofing applicator for a period of 15 years commencing with the date of Carlisle's acceptance of the Cadisle Total Roofing System installation. However, in no event shall Carlisle's obligations extend beyond 15,5 years subsequent to the date of substantial completion of the Carlisle Total Roofing System. See below for exact date of warranty expiration. The Carlisle Total Roofing System is defined as the following Carlisle brand materials: Membrane, Flashings, Counterflashings, Adhesives and Sealants, Insulation, Recovery Board, Fasteners, Fastener Plates, Fastening Bars, Metal Edging, Metal Termination Bars, and any other Carlisle brand products utilized in this installation. TERMS, CONDITIONS, LIMITATIONS 1. ~wner~h~pm~teC~1i~ewit~wdttenn~cew~hinth~r1y~3~)days~thedisc~ve~y~m~C~i~T~R~ng~m~ Owfl~shouldsendwrlttennoficeofa I~ilk ~o Cad~'l Wil'~y Se~lces Department a the ess se( forth at ~te ~ ~~~k. ~ ~ ~ ~u~ ~t~ ~k to ~ ~ ~ ~ ~s Wa~. iM~g~ ~ m~ ~ ~ ~ 2. [ u~ ~. ~M ~i~s ~ ~e I~k is ~us~ by a ~ ~ I~ ~iNe T~ R~ S~'I ~als. ~ ~nship M ~ ~iNe ~ R~ Appl~ ~ ~li~ ~ ,m. ~s WMs ~ Caflllle's liWl~ ~11 ~ llmR~ to C~isM's ~ M ~ I~k. 3. ~s ~ ~ W ~ applM W. u~ C~lMe'S iP~lm. C~iNe ~1~ (a) ~ ~ Td R~ S~ ti W by M~I d~m. I~i~. (b) ~ ~l~ T~ ~ S~ ~ ~ ~ ~ W ~ ~. ~. mW, ~. ~1~. ~1 ~. ~ a~. (d) ~. ~ ~ W~ ~1~ ~~ CWeT~ R~ ~ ~ a ~,~ ~ ~1~ T~ R~ SyM~. 4. ~ W~ M ~ ~1 ~ ~ ~ ~ M N bll~ MI ~ (a) W.~~M~T~~i~IM~~~~~~W~~ob~ (b)F~I~ ~ ~ ~ ~ ~ ~ ~ In W~ ~ ~. ~ ~ to Ind~. I~ M ~ ~ ~ls R~ ~. C~isle. ~ ~ sup~i~. 8. C~IM's f~l~ ~ a~ ti~ ~ ~ ~y M~ t~ ~ ~s ~ h~n ~11W ~ ~ ~ ~ a ~ M ~ ~1~. 9. C~W ~1 ~ ~ ms~si~e f~ ~ de~ine~ M dt~l~ M ~ C~sM T~I R~ S~ ~ ~ e~i~al ~ i~. ~ ~ I~ to. d~. ~11~, ~ bMl~l ~s. 10. ~is ~ M ~ ~W ~ ~ of I~ ~ ~e~. A~ may ~ ~. ~ ~. ~ ~ ~ M ~ R~ SyMem by a C~isle ~le di~n. to ~ to mi~ INs ~. CARLIS~ D~ NOT W~WT PRODUCTS U~LI~D IN ~IS INSTAL~RON ~ICH IT ~ NOT FURNISHED; ~D SPEClFI~LY DISC~IMS ~, UND~ ~ ~E~Y OF ~W, ~NG O~ OF ~E I~T~ON AND PERFOR~CE OF, OR D~AGES SuST~NED BY OR CAUSED BY, PR~TS NOT FU~HED BY C~L~LE. THE REMEDIES STATED HEREIN ARE ~E SOLE ~D EXCLUSIVE REMEDIES FOR F~LURE OF THE C~USLE TOT~ ROOFING SYS~M OR ITS C~PONE~S. ~ERE ~ NO W~ES EI~B ~D OR ~PEED, ~CLU~NG ~E IMPU~ W~W~ OF F~ F~ A P~ PURPOSE ~D MERC~ABILI~, ~ICH ~ND B~ONO ~E FACE H~E~. C~LISLE S~LL NOT BE U~LE FOR ~ ~CIDENT~, C~SEQU~ ~ O~ER DWGES INCLUDING, B~ NOT UM~D TO, L~S ~ ~OF~S OR D~ ~ ~E BUILDING OR ITS CO~N~ UNOER ~ ~EORY OF ~W. BY: 3. Thomas Nettling % AUTHORZZED SZGNATURE ........... /% ~,~-..--.--- TZTLE: Dli-ector, Technical A ¥~~vtces THXS WARRANTY EXPZRES: SEPTEHBER 21, 2014 YOUR SINGLE-PLY SOLUTION'" Cm~ SynTec Inco~or~ P. O. Box 7000, CadiMe. PA 17013 · (717) 245-7000; Fax (717) 245-7053 · www.carlr~le-syntec.com WA-F(}O01 CERTIFICATE OF SERVICE I hereby certify that on March 6, 2003, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of an Amended Complaint, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Baric, Esquire Notice - Please be advised that you have twenty (20) days to answer the new matters raised herein from serviCe thereof, or a default judgment may be entered against you. ~ ~__~.~.~n A. Adams, ESquire~-''~'~ John A. Adams (I.D. No. 79330) McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240 - Executive Terrace 455 S. Gulph Road King of Prussia, PA 19406 (610) 337-4510 Attorneys for Defendant Plato Construction Group, Inc. CARLISLE SYNTEC INC. Plaintiff, V. PLATO CONSTRUCTION GROUP, INC Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY Civil Action - Law No. 02-3988 ANSWER AND NEW MATTERS OF DEFENDANT PLATO CONSTRUCTION GROUP, INC TO THE AMENDED COMPLAINT Defendant Plato Construction Group, Inc. ("Plato"), answers and asserts new matters to Plaintiff's Amended captioned matter, by its i attorneys, Complaint in the hereby above- in accordance with the numbered paragraphs thereof, as set forth below: belief regarding the allegations paragraph I are denied. 2. Plato is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 2, and therefore, the allegations in paragraph 2 are denied. 3. Admitted. Defendant is without information or knowledge sufficient to form a in paragraph 1, and therefore, the allegations in Plato is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 4, and therefore, the allegations in paragraph 4 are denied. Admitted except Plato's President, Gary Uyeyama, is improperly denominated in the Complaint as Gary Uyemyama. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Ad m itted. 11. Plato admits that Plaintiff attached copies of Inspection Report/Repair for Warranty forms, that Gary Uyeyama's signature iS on several such forms, and that printed on such forms is the language set forth in quotes in paragraph 11. The remaining allegations are denied including any legal si~lnificance to said language set forth in quotes as conclusions of law to which no responsive pleading is required. Plato specifically denies that it made any representations by signing several of said forms other than representing that it was the "Attending Roofer" at Plaintiff's inspection. By way of further response, the forms speak for themselves. 12. Plato admits that Warranty Forms are attached to the Amended Complaint. Defendant is without information or knowledge sufficient to form a belief regarding the remaining allegations in paragraph 12, and therefore, the remaining allegations in paragraph 12 are denied. Plaintiff specifically denies any legal significance of said Warranty Forms. By way of further response, the Warranty Forms speak for themselves. 13. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 13, and therefore, the allegations in paragraph 13 are denied. 14. Defendant is without information or knowledge sUfficient to form a belief regarding the allegations in paragraph 14, and therefore, l~he allegations in paragraph 14 are denied. 15. Admitted. 16. Plato admits that it installed the membrane and roofing accessory products on the Curling Club Project. Defendant is without information or knowledge sufficient to form a belief regarding the remaining allegations in paragraph 16, and therefore, the remaining allegations in paragraph 16 are denied. 17. Plato admits that Carlisle inspected the roof, issued reports, and that reports are attached to the Amended Complaint. The remaining allegations are denied. 18. Plato admits that Plaintiff attached copies of Inspection Report/Repair for Warranty forms, that Gary Uyeyama's signature is on several such forms, and that printed on such forms is the language set forth in quotes in paragraph 18. The remaining allegations are denied including any legal significance to said language set forth in quotes as conclusions of law to which no responsive pleading is required. Plato specifically denies that it made any representations by signing several of said forms other than representing that it was the "Attending Roofer" at Plaintiff's inspection. By way of further response, the forms speak for themselves. 19. Plato admits that Warranty Forms are attached to the Amended Complaint. Defendant is without information or knowledge sufficient to form a belief regarding the remaining allegations in paragraph 19, and therefore, the remaining allegations in paragraph 19 are denied. Plaintiff specifically denies any legal significance of said Warranty Forms. By way of further response, the Warranty Forms speak for themselves. 20. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 20, and therefore, the allegations in paragraph 20 are denied. 21. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 21, and therefore, the allegations in paragraph 21 are denied. 22. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 22, and therefore, the allegations in paragraph 22 are denied. 23. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 23, and therefore, the allegations in paragraph 23 are denied. 24. Defendant is without information or knowledge Sufficient to form a belief regarding the allegations in paragraph 24, and therefore, the allegations in paragraph 24 are denied. 25. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 25, and therefore, the allegations in paragraph 25 are denied. 26. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 26, and therefore, the allegations in paragraph 26 are denied. 27. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 27, and therefore, the allegations in paragraph 27 are denied. 28. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 28, and therefore, the allegations in paragraph 28 are denied. 29. Denied. Carlisle refused to allow Plato to make any necessary repairs at Edgewater Residential Project and Plato has offered to make any necessary repairs at the Curling Club Project. 30. belief regarding the allegations in paragraph 30 are denied. 31. Defendant is without information or knowledge Sufficient to form a belief regarding the allegations in paragraph 31, and therefore, the allegations in paragraph 31 are denied. 32. Plato admits that the Applicator Agreement contains the language set forth in quotes in paragraph 32, but denies any legal significance as conclusions of law to which no responsive pleading is required. The remaining allegations are denied. By way of further response, the Applicator Agreement speaks for itselfi 33. Admitted. Defendant is without information or knowledge sufficient to form a paragraph 30, and therefore, the allegations in COUNT I - Breach of Contract 34. The answers to paragraphs 1 through 33 of the Amended Complaint set forth above are incorporated herein by reference as if set forth fully in their entirety. 35. Plato admits that the Applicator Agreement contains the language set forth in quotes in paragraph 35, but denies any legal significance thereof as conclusions of law to which no responsive pleading is required. The remaining allegations are denied. By way of further response, the Applicator Agreement speaks for itself. 36. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the allegations of this paragraph are denied. 37. Defendant is without information or knowledge sufficient to form a belief regarding the allegations of the installation and replacement of the pourable sealer pockets, and therefore, those allegations are denied. The remaining allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the remaining allegations of this paragraph are denied. 38. Plato admits that the Applicator Agreement contains the language set forth in quotes in paragraph 38, but denies any legal significance thereof as conclusions of law to which no responsive pleading is required. The remaining allegations are denied. By way of further response, the Applicator Agreement speaks for itself. 39. indemnification. 40. Plato admits that Carlisle has made The remaining allegations are denied. a demand for monetary Plato admits that it refused to pay Carlisle's monetary demand. The remaining allegations are denied. 41. The allegations of this paragraph constitute conClusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the allegations of this paragraph are denied. WHEREFORE, Defendant prays that this court will enter judgment against the Plaintiff and in favor of the Defendant in Count I, and deny the Plaintiff the relief requested in Count I. COUNT II - Ne~liRence 42. The answers to paragraphs I through 41 of the Amended Complaint set forth above are incorporated herein by reference as if set forth fully in their entirety. 43. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the allegations of this paragraph are denied. 44. Plato admits that it was aware that Carlisle would issue a warranty to the owner of the Edgewater Residential Project and to the owners of the Curling Club Project. Plato is without information or knowledge sufficient to form ia belief regarding the allegations of Carlisle's requirement to make repairs, and therefore, those allegations are denied. Plato denies that it was aware of the specifics of the Warranty. The remaining allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the remaining allegations of this paragraph are denied. 45. Plato is without information or knowledge sufficient to form a belief regarding the allegations of installation of the pourable sealer pockets, and therefore, those allegations are denied. The remaining allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the remaining allegations of this paragraph are denied. 46. Plato is without information or knowledge sufficient to form a belief regarding damages and the allegations of installation of the pourable sealer pockets, and therefore, those allegations are denied. The remaining allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the remaining allegations of this paragraph are denied. WHEREFORE, Defendant prays that this court will enter judgment against the Plaintiff and in favor of the Defendant in Count II, and deny the Plaintiff the relief requested in Count II. NEW MATTERS 47. Plato hereby incorporates by reference the answers to paragraphs 1 through 46 of the Amended Complaint as if set forth in their entir, ety as averments herein. 48. 49. 50. Count I fails to state a claim for which relief can be granted. Count II fails to state a claim for which relief can be granted. The claims alleged by Plaintiff in Count I and/or Count II are void, voidable and/or unenforceable because Plato was not in privity of contract with Plaintiff. 51. Count I is barred by the applicable statute of limitations. 52. Count II is barred by the applicable statute of limitations. 53. Plato was not negligent. 54. Plato did not breach any contract or duty to Plaintiff. 55. The claims against Plato are barred and/or estopped in whole or in part because of the actions and/or conduct of Edgewater Residential, the Curling Club, Plaintiff, Guymar Construction Company, the company that allegedly made repairs on the pourable sealer pockets, and/or some other unknown person or entity. 56. Plato performed each and every duty, if any, owed to Plaintiff. 57. The claims against Plato are barred in whole or in part because Edgewater Residential, the Curling Club, and/or Plaintiff failed to mitigate damages. 58. The claims against Plato are barred in whole or in part by the doctrine of laches. 59. The claims against Plato are barred in whole ,or in part by the Applicatory Agreement and/or other contracts or subcontract agreements. 60. The claims against Plato are barred in whole or in part by estoppel or waiver. 61. The damages allegedly suffered by the Plaintiff, :if any, are due to the actions or inactions of Edgewater Residential, Curling Club, Plaintiff, Guymar Construction Company, the company that allegedly made repairs on the pourable sealer pockets, and/or some other presently unknown person or entity, and they are to provide contribution to Plato for any damages awarded. 62. The claims against Plato are barred in whole or in part because Plaintiff failed to comply with the terms of the Applicator Agreement, its representations to Plaintiff regarding repairs, and/or contracts or subcontract agreements regarding repairs. 63. The claims against Plato are barred in whole or in part because Plaintiff breached the Applicator Agreement. 64. Plaintiff pourable sealer pockets. or an agent of Plaintiff destroyed the allegedly faulty 65. At the time that said pourable sealer pockets were destroyed, Carlisle knew or should have known that litigation was possible against Plato regarding the pourable sealer pockets. 66. Prior to the time or at the time that the pourable sealer pockets were destroyed, Plaintiff had not given Plato the opportunity to inspect and/or gather evidence regarding said pourable sealer pockets. 67. Plaintiff's claims against Plato are barred in whole or in part by the doctrine of spoliation of evidence. 68. Plaintiff's claims against Plato are barred, in whole or in part, or must be reduced by the doctrines of contributory negligence and/or comparative negligence. WHEREFORE, Defendant prays that this court will enter judgment against the Plaintiff and in favor of the Defendant in Counts I and II, and deny the Plaintiff the relief requested in Counts I and II. Respectfully submitted, dams (I.D. No. 79330) McAleese, McGoldrick, Susalnin & Widman, P.C. Suite 240 - Executive TerraCe 455 South Gulph Road King of Prussia, PA 19104 (610) 337-4510 Attorneys for Defendant Plato Construction Group, InC. ~013 I hereby certify that I a~rn the President of Defendant Plato C°nsfructiotl Group, Inc. I vet/A/ that the faCtual statements made itl Defer~dant's AnSwer and ~/~w Matters to Plaintiff's Amended Complaint are true. and. cor~'ect, to. the. be~. or' rn~' know~3e.~' inforrnatfon and belief. I Understand that this ~tatement is subject to the Penalties of Pa, Stat, Ann. SeCtion ~1~*~04 relatin9 to UnSWorn falsifications to authorities. Date: CERTIFICATE OF SERVICE I, John A. Adams, hereby certify that a true and correct copy of Defendant's Answer and New Matters was served by first-class United States mail, postage prepaid on the 27th day of March 2003 on the following: David Baric, Esquire 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff ____~)H~ A. AD"~M S CARLISLE SYNTEC INCORPORATED, sPo/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V PLATO CONSTRUCTION GROUP, INC., Defendant · IN THE COURT OF COMMO~ PLEAS OF · CUMBERLAND COUNTY, PEqNSYLVANIA : NO. 02-3988 : · CIVIL ACTION-LAW REPLY TO NEW MATTER AND NOW, comes Carlisle SynTec Incorporated ("Carlisle"), by and ~rough its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Reply to Ne~v Matter and, in support thereof, sets forth the following: 47. Carlisle incorporates by reference paragraphs one through for6y-six of its Complaint as though set forth at length. 48. This averment constitutes a conclusion of law to which no res3onse is required. To the extent a response may be required, the averment is denied. I 49. This averment constitutes a conclusion of law to which no resionse is required. To the extent a response may be required, the averment is denied. 50. Denied. To the contrary, Plato was in privity with Carlisle by Authorized Roofing Applicator Agreement executed by the parties. 51. This averment constitutes a conclusion of law to which no res To the extent a response may be required, the averment is denied. 52. This averment constitutes a conclusion of law to which no res To the extent a response may be required, the averment is denied. virtue of the .onse is required. )onse is required. 53. Denied. To the contrary, Plato was negligent. Carlisle incorporhtes by reference paragraph 34 of its Complaint as though set forth at length. 54. Denied. To the contrary, Plato breached the Authorized Roofing Applicator Agreement executed by the parties. Carlisle incorporates by reference paragraphs 24 through 30 of its Amended Complaint as though set forth at length. 55. To the extent these averments constitute conclusions of law, nol response is required. To the extent a response may be required, it is denied that the actior~ or actions of any other individual or entity bars or estoppes the claims against Plato. 56. Denied. To the contrary, Plato breached its duties to Carlisle. Carlisle · incorporates by reference paragraphs 42 through 46 of its Amended Complal~ as though set forth at length. 57. Denied. To the contrary, there was no failure to mitigate by aay individual or entity which would bar any claim against Plato. 58. To the extent these averments constitute a conclusion of law, nlo response is required. To the extent a response may be required, the averments are deniedi 59. Denied. To the contrary, the Authorized Applicator Agreeme/~t executed by the parties does not bar the claims asserted by Carlisle and there are no other con agreements of which Carlisle is aware which would bar the claims asserted. 60. To the extent these averments constitute conclusions of law, n required. To the extent a response may be required, the averments are denie~ 61. Denied. To the contrary, the damages are the direct and proxi and omissions of Plato. :racts or subcontract response is aate result of acts 62. Denied. Carlisle fulfilled all of its obligations established undei and pursuant to the Authorized Roofing Applicator Agreement executed by the parties. After ~easonable investigation, Carlisle is without knowledge or information sufficient to form ~ belief as to the remaining averments and they are, therefore, denied. 63. Denied. To the contrary, Carlisle fulfilled all of its obligations and pursuant to the Authorized Roofing Applicator Agreement. 64. Denied. Carlisle repaired the failing pourable sealer pockets w[ permitting water to enter the building under and pursuant to the express warra' to the building owner. Moreover, Plato was notified of the failing pourable se was asked to investigate the condition prior to repair. 65. Denied. To the contrary, Carlisle had a duty to repair the failk pockets which were permitting water to enter the building pursuant to the exp provided to the building owner. Moreover, Plato was notified of the failing p pockets and was asked to investigate the condition prior to repair. 66. Denied. To the contrary, Plato had the right to access the roof condition of the roof and its components at any time. Moreover, Plato was n~ pourable sealer pockets and was asked to investigate the condition prior to re 67. To the extent these averments constitute conclusions of law, n required, to the extent a response may be required, the averments are denied. 68. Denied. There were no acts or omissions by Carlisle which xa for contributory negligence by Carlisle. ~stablished under .ich were ~ty it had provided aler pockets and g pourable sealer 'ess warranty it had ~urable sealer to inspect the ,tiffed of the failing 3air. o response is ~uld form the basis WHEREFORE, Plaintiff requests judgment in its favor and against Plato Construction Group, Inc. in accordance with Plaintiff's complaint. Respectfully submitted, rOkBRIEN, BAR~ & SCHEP~ 7 David A. Baric, Esquire I.D. # 44853 17 West South Street / Carlisle, Pennsylvania 11013 (717) 249-6873 dab.dir/litigation/carl, syn/plato/newmatter2.rep VERIFICATION I verify that the statements made in the foregoing Reply To New Matte~ correct to the best of my knowledge, information and belief. This verification A. Baric, Esquire, Attorney for Plaintiff and is based upon the statements prov as well as documents reviewed by the undersigned as attorney for Plaintiff. T~ be substituted and ratified by a verification signed by the Plaintiff who is prese 'are true and .s signed by David ded by Plaintiff, .is verification will ntly unavailable to sign said verification. I undersigned that false statements herein are made subtect to penalties of 18 Pa.C.S. §4904, relating to unswom falsifications to authorities. ~ David A. Baric, E squire Dated: April 10, 2003 CERTIFICATE OF SERVICE. I hereby certify that on April / 0 , 2003, I, David A. Bade, Esquire, c~f O'Brien, Baric & Scherer, did serve a copy of Reply To New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Baric, ~squire CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V PLATO CONSTRUCTION GROUP, INC., Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND, COUNTY, PENNSYLVANIA · NO. 02~3988 CIVIL TERM : · CIVIL ACTION-LAW MOTION TO COMPEl, NOW, comes Plaintiff, Carlisle SynTec Incorporated ("Carlisle"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Motion to Compel and, in support thereof, sets forth the following: 1. Plaintiff initiated this action to recovery costs incurred in the repair of several roofing systems installed by Defendant. 2. On September 20, 2002, Plaintiff served counsel for Defendant with a Request for Production of Documents and Interrogatories. True and correct copies of the Request for Production of Documents and Interrogatories are attached hereto as ExJhibits "A" and "B", respectively, and are incorporated. 3. Responses to the Request for Production of Docmnents and Interrogatories were due on or before October 30, 2002. 4. To November 5, 2002, Defendant has filed no response 1:o the Request for Production of Documents and Interrogatories. 5. By correspondence dated November 5, 2002, com:tsel for Plaintiff notified counsel for Defendant that answers were due. WHEREFORE, Plaintiff requests that Defendant be directed and ordered to provide complete responses and answers to the Request for Production of Documents and Interrogatories within fifteen (15) days of said order. Respectfully submitted, ,-O~'BRIEN, BARIC~ & SCH~ David A. Baric, Esquire I.D. # 448';3 17 West South Slxeet Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/iitigation/cari, syn/plato/compel.mot CARLISLE SYNTEC INCORPORATED, Plaintiff PLATO CONSTRUCTION GROUP, INC., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3988 CIVIL ACTION-LAW CARLISLE SYNTEC INCORPORATED,S __REOUEST FOR PRODUCTION OF DOCUMENTS, The Plaintiff, Carlisle SynTec Incorporated ("Carlisle") hereby requests pursuant to Pa.R.C.P. 4009.11 that Plato Construction Group, Inc. ("Plato (' ' ~onstruct~on Group") produce the following documents: DEFINITIONS AND INSTRUCTIONS 1. Carlisle adopts and reasserts the definitions contained in the Interrogatories to Plato Construction Group served contemporaneously herewith. 2. If Plato Construction Group asserts any privilege as to amy documents responsive to this request, Plato Construction Group shall identify the author(s) of'the documents, the addressee(s), the recipient(s) of copies, the date of the document, the nature of the document (e.g., letter, memorandum), the length of the document, the subject matter of the document, the document's current location and the reason why Plato Construction Group alleges that the document is privileged or otherwise protected from discovery. EXHIBIT "A" DOCUMENTS REQUESTED 1. All documents described or identified in the answers of Plato Construction Group to the interrogatories served contemporaneously herewith. 2. All documents which reflect or refer to the roofing systems on the Projects. 3. All documents which refer to Carlisle. 4. Any and all reports from any experts expected to testify on behalf of Plato Construction Group. All documents you intend to introduce or rely upon in the thai of this matter. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/carl.syn/plato/document, req CARLISLE SYNTEC INCORPORATED, Plaintiff PLATO CONSTRUCTION GROUP, INC., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3988 CIVIL ACTION-LAW INTERROGATORIES OF CARLISLE SYNTEC INCORPORATED PROPOUNDED UPON DEFENDAN'[ The Plaintiff, Carlisle SynTec Incorporated, ("Carlisle"), hereby propounds the following interrogatories to the Defendant, Plato Construction Group, Inc. ("Plalo Construction Group"), pursuant to PaR.C.P. 4005. DEFINITIONS AND INSTRUCTIONS 1. "Carlisle" shall include Carlisle SynTec Incorporated, Carlisle SynTec Systems, Division of Carlisle Corporation, their employees, representative, s, attorneys, agents, officers, directors, affiliates, subsidiaries and any other person or entity acting or purporting to act on their behalf. 2. "Plato Construction Group" shall include Plato Construction Group, Inc., its employees, representatives, attorneys, agents, officers, directors, affiliates, subsidiaries, predecessors and any other person or entity acting or purporting t.o act on its behalf. 3. "Projects" shall include the seven (7) buildings refbrenced as the Edgewater Residential Project located in Edgewater, New Jersey owned by lLiver C. lub Associates, LLC. EXHIBIT "B" 4. A request to "identify" an individual shall constitute a request to provide the name of the individual, the individual's current employer, the individual's current position with his or her employer, and the individual's current business and ihome address. 5. A request to "identify" a document shall constitute a request to specify the author(s) of the document, the addressee(s), the recipient(s) of the original and any copies, the date of the document, the nature of the document (e.g., letter, memorandum), the length of the document, the subject matter of the document and the document's cm~'ent location. 6. A request to "identify" a communication or a discussion shall constitute a request for the names of all participants in the communication (including those merely present during some portion of the communication), the date of the communication or the discussion, the location of the participants at the time of the communication or the discussion, the method of the communication or the discussion (e.g., telephone, office meeting0 and the substance of the communication. 7. If Plato Construction Group, Inc. makes a claim ofprivi[lege as to any communication responsive to these interrogatories, it shall identify all parties to the allegedly privileged communication, describe the circumstances of the conununication, provide the date of the communication, state the duration of the communication, and state 'the reason why Plato Construction Group, Inc. alleged that the communication is privileged. ,INTERROGATORIES 1. Please identify any and all individuals who, as employees or subcontractors of Plato Construction Group, performed any work on the Projects. ANSWER: 2. Please identify any and all written communications received by you or sent by you to or from Carlisle SynTec Incorporated which refer or relate, directly or indirectly, to the Projects. ANSWER: 3. Please describe any oral communications you had wil:h Carlisle SynTec Incorporated which relate, directly or indirectly, to the Projects. ANSWER: 4. Please describe any and all policies of insurance 'which may be applicable to the claims asserted by Carlisle SynTec Incorporated and please provide a copy of the policies and a declaration page for each such policy. ANSWER: 5. Please identify all officers and their respective positions for Plato Construction Group during the period 1997 through 2000. ANSWER: 6. Please describe the positions held by Gary Uyemyama with Plato Construction Group and, for each position, state the period of time during which each position was held for the period 1996 through 2000. ANSWER: 7. Please identify any and all contracts signed by Plato Construction Group which refer to any of the roofs installed on the Projects. ANSWER: ANSWER: Please identify any and all documents which reflect, refer or relate to the Projects. 9. Was any of the work performed on the Projects accomplished by any subcontractors? ANSWER: 10. Please identify any and all contracts entered into by Plato Construction Group for the installation of the roofing systems on the Projects. ANSWER: 11. If the answer to interrogatory number 9 is in the affirtnative, please identify any subcontractors. ANSWER: 12. Please identify any and all specifications and/or details for the roofing systems installed on the Projects. ANSWER: 13. Projects. ANSWER: Please identify any and all payment and/or perfbrmance bonds issued for the 14. Please identify any and all documents which reflect, refer or relate to the materials installed by Plato Construction Group on the Projects. ANSWER: Respectfully submitted, ~xO'BRIEN, BARIC & SC_,J~J~RER David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylv,mia 17013 (717) 249-68:73 dab.dir/litigation/carl.syn/plato/interrogatories.pld CERTIFICATE OF SERVICE I hereby certify that on September~ ,2002, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of Interrogatories Of Carlisle SynTec Incorporated Propounded Upon Defendant, by first class U.S. mail, postage,' prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 Dw~,id A. Baric, Esquire CARLISLE SYNTEC INCORPORATED, sPo/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3988 CIVIL TERM : : CIVIL ACTION-LAW PLATO CONSTRUCTION GROUP, INC., · Defendant · ORDER OF COURT AND NOW, this ! [' day of /?t~ r' t ,2002, upon consideration of the Plaintiffs Motion To Compel, a Rule is issued upon Defendant's to show cause if any there be why the relief requested in this Motion should not be granted. Rule retumable ~, o days from service. BY THE COURT, ./ CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V PLATO CONSTRUCTION GROUP, INC., Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3988 CIVIL TERM · CIVIL ACTION-LAW : PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Please attach the enclosed Substitute Verification to the Reply To New Matter filed in this matter on April 10, 2003. Respectfully submitted, ~'BRIEN, BARIC. & SCHER~ David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/carl.syn/plato/attaeh.pra el4,/17/20~a3 14:35 PA~E 01 VERIFICATION I, Jeffrey Carter, verify that the statements made in the foregoing Reply To New Matter are true and correct to the best of my knowledge, information and belief.. I hereby ratify the verification previously suDDlied by my attorney, David A. Bark, Esquire and execute this veri§ca~ion as a substituted verification. I understand that false statements herein are made subject to the pe,~alties of 18 Pa.C.S. §490a relating to unswom falsifications to authorities, Specialist, Warranty Services CERTIFICATE OF SERVICE I hereby certify that on April ~ , 2003, I, David A. Baric, Esquire, ofO'Brien, Baric & Scherer, did serve a copy of Praecipe To Attach Verification, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Baric, Esquire CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, PLATO CONSTRUCTION GROUP, INC., Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · ' NO. 02-3988 CIVIL TERM · CIVIL ACTION-LAW MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Plaintiff, Carlisle SynTec Incorporated, by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Motion to Make Rule Absolute and, in support thereof, sets forth the following: 1. Plaintiff filed a Motion to Compel in this matter, a true and correct copy of said Motion is attached hereto as Exhibit "A" and is incorporated. 2. On April 16, 2003 the Honorable Kevin A. Hess issued an Order directing Defendants to file a verified answer within twenty (20) days of service. A true and correct copy of the Order is attached hereto as Exhibit "B" and is incorporated. 3. To May 15, 2003, no answer has been filed by Defendants. WHEREFORE, Plaintiff requests that the rule be made absolute and that the Defendants be ordered to produce complete responses to the Request For Production Of Documents and Interrogatories within fifteen (15) days of the date of this Order. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ARLISLE SYNTE,.C INCORPORATED, ' IN THE CO -' . - ~ ~ .... ,,., ....: ....... , ....... ..'. ...... URT,OF.~O ON PLEA . ynTec Systems, D,v,slon ......CUMBERL of Carlisle Corporation,.. , < .. -: :.-?.,. - · ,~; , , .-.,., _ -. . : NO. 02-3988 CIVIL TERM ' : CIVIL ACTION=LAW .. CONSTRUCTION GROUP .PLATO , ,INC., '.,' ',- ~ c-_, . NOW, comes Plaintiff, Carlisle SynTec Incorporated ("Carii~le',), by and throUgh its attorneys, O'BRIEN, BARIC & scHERERi::and files the withi..n l~otiontO :ComPel ~nd, in support thereof, se~' forth the following: 1. Plaintiff initiated this aCtion to recovery C0s~s jhC~ed in~'~epair bf Sevcrai roofing systems installed by Defendant. 2. 0'n September 20, 2002, Plaintiffservcd counsel for Defendant with a Request for Production °fDocuments and InterrogatOries. Truc and correct'co/sics'Of the Reqt~e'st' for of Documentsand ' Production Interrogatories are attached hereto'as Exhibzts respectively, and are incorporated. 3. Responses to the Request for Production of Documents and Interrogatories were due on or before October 30, 2002. 4. , To November 5, 2002i Defendant has filed no reSp6~ ~° ~e RequeSt,for . Production of Documents and Intcrrogat°rieS.' · ''. : :;i. ~ ,,,?... 5. By ~orresP°ndence dated November 5, 2002~ counsel for Plaintiffnbtifi~d cotmsel for Defendant that answers were due . , .. EXHIBIT SA' ' WHEREFORE, Plaintiff requests that Defendant be directed and ordered to provide complete responses and answers to the Request for Production of Documents and Interrogatories within fifteen (15) days of said order. Respectfully submitted, ~'BRIEN, BARI~.~~ ~,,& SCH David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/carl.syn/plato/compel.mot CARLISLE SYNTEC INCORPORATED, sPo/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V PLATO CONSTRUCTION GROUP, INC., Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3988 CIVIL TERM · CIVIL ACTION-LAW CERTIFICATE OF SERVICE I hereby certify that on April //] ,2003, I, David A. Baric, Esquire, ofO'Brien, Baric & Scherer, did serve a copy of Motion to Compel, by first class U.S. mail, postage prepaid, to the party listed below, as follows: .- John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Baric, Esquire CARLISLE SYNTEC : INCORPORATED, : Plaintiff : V. : PLATO CONSTRUCTION : GROUP, INC., : Defendant. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3988 CIVIL ACTION-LAW CARLISLE SYNTEC INCORPORATED'S REQUEST FOR PRODUCTION OF DOCUMENTS The Plaintiff, Carlisle SynTec Incorporated ("Carlisle") hereby requests pursuant to Pa.R.C.P. 4009.11 that Plato Construction Group, Inc. ("Plato Construction Group") produce the following documents: DEFINITIONS AND INSTRUCTIONS 1. Carlisle adopts and reasserts the definitions contained in the Interrogatories to Plato Construction Group served contemporaneously herewith. 2. If Plato Construction Group asserts any privilege as to any documents responsive to this request, Plato Construction Group shall identify the author(s) of the documents, the addressee(s), the recipient(s) of copies, the date of the document, the nature of the document (e.g., letter, memorandum), the length of the document, the subject matter of the document, the document's current location and the reason why Plato Construction Group alleges that the document is privileged or otherwise protected from discovery. EXHIBIT "A" DOCUMENTS REQUESTED 1. All documents described or identified in the answers of Plato Construction Group to the interrogatories served contemporaneously herewith. 2. All documents which reflect or refer to the roofing systems on the Projects. 3. All documents which refer to Carlisle. 4. Any and all reports from any experts expected to testify on behalf of Plato Construction Group. 5. All documents you intend to introduce or rely upon in the trial of this matter. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 , dab.dir/litigation/carLsyn/plato/document, req CERTIFICATE OF SERVICE I hereby certify that on SeptemberO'~'g9 ,2002, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of Carlisle SynTec Incorporated's Request For Production Of Documents, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Baric, Esquire CARLISLE SYNTEC INCORPORATED, Plaintiff PLATO CONSTRUCTION GROUP, INC., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3988 CIVIL ACTION-LAW .INTERROGATORIES OF CARLISLE SYNTEC INCORPORATEE PROPOUNDED UPON DEFENDANT The Plaintiff, Carlisle SynTec Incorporated, ("Carlisle"), hereby propounds the following interrogatories to the Defendant, Plato Construction Group, Inc. ("Plato Construction Group"), pursuant to PaR. C.P. 4005. DEFINITIONS AND INSTRUCTIONS 1. "Carlisle" shall include Carlisle SynTec Incorporated, Carlisle SynTec Systems, Division of Carlisle Corporation, their employees, representatives, attorneys, agents, officers, directors, affiliates, subsidiaries and any other person or entity acting or purporting to act on their behalf. 2. "Plato Construction Group" shall include Plato Construction Group, Inc., its employees, representatives, attorneys, agents, officers, directors, affiliates, subsidiaries, predecessors and any other person or entity acting or purporting to act on its behalf. 3. "Projects" shall include the seven (7) buildings referenced as the Edgewater Residential Project located in Edgewater, New Jersey owned by River Club Associates, LLC. EXHIBIT "B" 4. A request to "identify" an individual shall constitute a request to provide the name of the individual, the individual's current employer, the individual's current position with his or her employer, and the individual's current business and home address. 5. A request to "identify" a document shall constitute a request to specify the 'author(s) of the document, the addressee(s), the recipient(s) of the original and any copies, the date of the document, the nature of the document (e.g., letter, memorandum), the length of the document, the subject matter of the document and the document's current location. 6. A request to "identify" a communication or a discussion shall constitute a request for the names of all participants in the communication (including those merely present during some portion of the communication), the date of the communication or the discussion, the location of the participants at the time of the communication or the discussion, the method of the communication or the discussion (e.g., telephone, office meeting) and the substance of the communication. 7. If Plato Construction Group, Inc. makes a claim of privilege as to any communication responsive to these interrogatories, it shall identify all parties to the allegedly privileged communication, describe the circumstances of the communication, provide the date of the communication, state the duration of the communication, and state the reason why Plato Construction Group, Inc. alleged that the communication is privileged. .INTERROGATORIES 1. Please identify any and all individuals who, as employees or subcontractors of Plato Construction Group, performed any work on the Projects. ANSWER: 2. Please identify any and all written communications received by you or sent by you to or from Carlisle SynTec Incorporated which refer or relate, directly or indirectly, to the Projects. ANSWER: 3. Please describe any oral communications you had with Carlisle SynTec Incorporated which relate, directly or indirectly, to the Projects. ANSWER: 4. Please describe any and all policies of insurance which may be applicable to the claims asserted by Carlisle SynTec Incorporated and please provide a copy of the policies and a declaration page for each such policy. ANSWER: 5. Please identify all officers and their respective positions for Plato Construction Group during the period 1997 through 2000. ANSWER: 6. Please describe the positions held by Gary Uyemyama with Plato Construction Group and, for each position, state the period of time during which each position was held for the period 1996 through 2000. ANSWER: 7. Please identify any and all contracts signed by Plato Construction Group which refer to any of the roofs installed on the Projects. ANSWER: ANSWER: Please identify any and all documents which reflect, refer or relate to the Projects. 9. Was any of the work performed on the Projects accomplished by any subcontractors? ANSWER: 10. Please identify any and all contracts entered into by Plato Construction Group for the installation of the roofing systems on the Projects. ANSWER: 11. If the answer to interrogatory number 9 is in the affirmative, please identify any subcontractors. ANSWER: 12. Please identify any and all specifications and/or details for the goofing systems installed on the Projects. ANSWER: 13. Projects. ANSWER: Please identify any and all payment and/or performance bonds issued for the 14. Please identify any and all documents which reflect, refer or relate to the materials installed by Plato Construction Group on the Projects. ANSWER: Respectfully submitted, · xO'BRIEN, BARIC & SC~RER David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab. dir/litigation/carl.syn/plato/interrogatories.pld CERTIFICATE OF SERVICE I hereby certify that on September~} ,2002, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of Interrogatories Of Carlisle SynTec Incorporated Propounded Upon Defendant, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Baric, Esquire CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V : PLATO CONSTRUCTION GROUP, INC.,: Defendant : · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3988 CIVIL TERM CIVIL ACTION-LAW ORDER OF COURT AND NOW, this .. fL ~ day of ~h~/ 2002, upon consideration of the Plaintiffs Motion To Compel, a Rule is issued upon Defendant's to show cause if any there be why the relief requested in this Motion should not be granted. Rule returnable 20 days from service. ' BY THECOURT, EXHIBIT "B" CERTIFICATE OF SERVICE I hereby certify that on May 6~'~ , 2003, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of Motion To Make Rule Absolute, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Baric, Esquire CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V PLATO CONSTRUCTION GROUP, INC., Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3988 CIVIL TERM · CIVIL ACTION-LAW ORDER OF COURT AND NOW, this ,30 '~ day of FY]~ ,2003, upon review of the attached Motion To Make Rule Absolute, it is hereby ordered and decreed that Rule previously issued relative to this matter is absolute. BY THE COURT, CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3988 CIVIL TERM : : CIV1L ACTION..LAW PLATO CONSTRUCTION GROUP, INC., : Defendant : MOTION FOR SANCTIONS AND NOW, comes Plaintiff, Carlisle SynTec Incorporated ("Carlisle"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Motion for Sanctions and, in support thereof, sets forth the following: 1. On April 11, 2003, Carlisle filed a Motion to Compel in regards to interrogatories and document requests Carlisle served upon Defendant. A rule to show cause, Hess, J., was issued upon Defendant to show cause why the relief requested in the Motion to Compel should not be granted. A true and correct copy of the Motion to Compel and the Rule to Show Cause are attached hereto as Exhibit "A' and are incorporated by reference. 2. On May 28, 2003, Carlisle filed a Motion to Make Rule Absolute regarding the Motion to Compel. This Court, Hess, J., issued an Order dated May 30, 2003, making the rule to show cause previously issued, absolute. A true and correct copy of the Order of May 30, 2003 is attached hereto as Exhibit "B" and is incorporated. 3. Pursuant to the Motion to Compel, Carlisle requested that Defendant be ordered and directed to provide complete responses and answers to the Request for Production of Documents and Interrogatories within fifteen (15) days of said order. 4. To October 9, 2003, counsel for Carlisle has received no response to the Request for Production of Documents or Interrogatories. 5. Pa.R.C.P. 4019(a)(1)(vii) permits a court, on motion, to enter an appropriate order where a party has failed to produce documents requested. 6. Pa.R.C.P. 4019(a)(1)(I) permits a court, on motion, to enter an appropriate order where a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. 7. Pa.R.C.P. 4019(c) permits a court to enter an order to refuse to allow the disobedient party to support or oppose designed defenses or an), other designated fact. 8. Defendant has set forth various defenses in its Aaswer and New Matters to the Amended Complaint filed by Carlisle in this matter. A true and correct copy of Defendant's Answer and New Matters is attached hereto as Exhibit "C" and is incorporated. 9. Pursuant to Pa.R.C.P. 4019(c)(2), this Court ma)' enter an order "refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence ofphysicai or mental condition." 10. Pa.R.C.P. 4019(g)(1) permits this Court to award attorney fees and costs to Carlisle associated with the filing of this motion for sanctions. WHEREFORE, Carlisle respectfully requests that this Court enter an Order as follows: (a) striking out paragraphs 48, 49, 50, 53, 54, 55, 56, 57, 59, 60, 62, 63, 64, 66, 67 and 68 of Defendants New Matters as to the Edgewater Residential Project; (b) that Defendant not be permitted to introduce any evidence, testimony or documents in support of those defenses set forth in Defendant's New Matters at the paragraphs set forth hereinabove and (c) that Defendant pay the attorney fees and costs incurred by Carlisle in bringing this motion for sanctions; and (d) such further relief as this Court may deem just a~ad proper. Respectfully submitted, [-'?O'BRIEN, BAP,~', & SCI~R David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/litigation/carl.syn/plato/sanction.mot CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND. COUNTY, PENNSYLVANIA : : : NO. 02-3988 CIVIL TERM : : CIVIL ACTION-LAW PLATO CONSTRUCTION GROUP, INC.,: Defendant : ORDER OF COURT AND NOW, this ../L ~ day of ~ ~ 2002, upon consideration of the Plaintiffs Motion To Compel, a Rule is issued upon Defendant% to show cause if any there be why the relief requested in this Motion should not be granted. Rule returnable ,20 days from service. BY THE COURT, FRu£ copy FROM RECORD m T~t~3ny whereof, I here u~o net my EXHIBIT "A" CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3988 CIVIL TERM : : CIVIL ACTION-LAW PLATO CONSTRUCTION GROUP, INC.,: Defendant : support thereof, sets forth the following: 1. Plaintiff initiated this action to recovery costs incnrred in the repair of several roofing systems installed by Defendant. 2. On September 20, 2002, Plaintiff served counsel for Defendant with a Request for Production of Documents and Interrogatories. True and correct copies of the Request for Production of Documents and Interrogatories are attached hereto as Exhibits "A' and "B", respectively, and are incorporated. 3. Responses to the Request for Production of Docutaents and Interrogatories were due on or before October 30, 2002. 4. To November 5, 2002, Defendant has filed no response to the Request for Production of Documents and Interrogatories. 5. By correspondence dated November 5, 2002, countsel for Plaintiffnotified counsel for Defendant that answers were due. MOTION TO COMPEl, NOW, comes Plaintiff, Carlisle SynTec Incorporated ("Carlisle"), by and through attorneys, O'BRIEN, BARIC & SCHERER, and files the within Motion to Compel and, in WHEREFORE, Plaintiff requests that Defendant be directed and ordered to provide complete responses and answers to the Request for Production of Documents and Interrogatories : within fifteen (15) days of said order. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/carl.syn/plato/compeLmot CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3988 CIVIL TERM : CIVIL ACTION-LAW PLATO CONSTRUCTION GROUP, INC.,: Defendant : CERTIFICATE OF SERVICi~ I hereby certify that on April /] ,2003, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of Motion to Compel, by first class U.S. mail, postage prepaid, to the party listed below, as follows: .. John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 194.06 David A. Baxic, Esquire CARLISLE SYNTEC INCORPORATED, Plaintiff PLATO CONSTRUCTION GROUP, INC., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3988 CIVIL ACTION-LAW CARLISLE SYNTEC INCORPORATED'S REQUEST FOR PRODUCTION OF DOCUMENTE The Plaintiff, Carlisle SynTec Incorporated ("Carlisle") hereby requests pursuant to Pa.R.C.P. 4009.11 that Plato Construction Group, Inc. ("Plato Construction Group") produce the following documents: DEFINITIONS AND INSTRUCTIONS 1. Carlisle adopts and reasserts the definitions contained in the Interrogatories to Plato Construction Group served contemporaneously herewith. 2. If Plato Construction Group asserts any privilege Ets to any documents responsive to this request, Plato Construction Group shall identify the author(s) of the documents, the addressee(s), the recipient(s) of copies, the date of the document, the nature of the document (c.g., letter, memorandum), the length of the document, the subject matter of the document, thc document's current location and the reason why Plato Construction Group alleges that the document is privileged or otherwise protected from discovery. EXHIBIT "A" DOCUMENTS REQUESTED 1. All documents described or identified in the answers of Plato Construction Group to the interrogatories served contemporaneously herewith. 2. All documents which reflect or refer to the roofing systems on the Projects. 3. All documents which refer to Carlisle. 4. Any and all reports from any experts expected to testify on behalf of Plato Construction Group. 5. All documents you intend to introduce or rely upon in the trial of this matter. Respectfully submitted, O'BRIEN, B ~/~ S RER David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Petmsylvania 17013 (717) 249-6873 dab.dirditigation/carl.syn/plato/document, req CERTIFICATE OF SERVICE I hereby certify that on September~g9 ,2002, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of Carlisle SynTec Incorporated's Request For Production Of Documents, by first class U.S. mail, post~tge prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Baric, Esquire CARLISLE SYNTEC : INCORPORATED, : Plaintiff : : V. : NO. 02-3988 : PLATO CONSTRUCTION : CIVIL ACTION-LAW GROUP, INC., : Defendant. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INTERROGATORIES OF CARLISLE SYNTEC INCORPORATED PROPOUNDED UPON DEFENDANT The Plaintiff, Carlisle SynTec Incorporated, ("Carlisle"), hereby propounds the following interrogatories to the Defendant, Plato Construction Group, Inc. ( 'Plato Construction Group' ), pursuant to PaR.C.P. 4005. DEFINITIONS AND INSTRUCTIONS 1. "Carlisle" shall include Carlisle SynTec Incorporated, Carlisle SynTec Systems, Division of Carlisle Corporation, their employees, representatives, attorneys, agents, officers, directors, affiliates, subsidiaries and any other person or entity acting or purporting to act on their behalf. 2. "Plato Construction Group" shall include Plato Construction Group, Inc., its employees, representatives, attorneys, agents, officers, directors, affiliates, subsidiaries, predecessors and any other person or entity acting or purporting to act on its behalf. 3. "Projects" shall include the seven (7) buildings referenced as the Edgewater Residential Project located in Edgewater, New Jersey owned by River Club Associates, LLC. EXHIBIT "B" 4. A request to "identify" an individual shall constitute a request to provide the name of the individual, the individual's current employer, the individual's current position with his or her employer, and the individual's current business and home address. 5. A request to "identify" a document shall constitute a request to specify the author(s) of the document, the addressee(s), the recipient(s) of tl~te original and any copies, the date of the document, the nature of the document (e.g., letter, memorandum), the length of the document, the subject matter of the document and the documenfs current location. 6. A request to "identify" a communication or a discussion shall constitute a request for the names of all participants in the communication (including those merely present during some portion of the communication), the date of the communication or the discussion, the location of the participants at the time of the communication or the discussion, the method of the communication or the discussion (e.g., telephone, office meeting) and the substance of the communication. 7. If Plato Construction Group, Inc. makes a claim of privilege as to any communication responsive to these interrogatories, it shall identify all parties to the allegedly privileged communication, describe the circumstances of the communication, provide the date of the communication, state the duration of the communication, and state the reason why Plato Construction Group, Inc. alleged that the communication is privileged. INTERROGATORIE~q 1. Please identify any and all individuals who, as employees or subcontractors of Plato Construction Group, performed any work on the Projects. ANSWER: 2. Please identify any and all written communicatiorts received by you or sent by you to or from Carlisle SynTec Incorporated which refer or relate, directly or indirectly, to the Projects. ANSWER: 3. Please describe any oral communications you had with Carlisle SynTec Incorporated which relate, directly or indirectly, to the Projects. ANSWER: 4. Please describe any and all policies of insurance which may be applicable to the claims asserted by Carlisle SynTec Incorporated and please provide a copy of the policies and a declaration page for each such policy. ANSWER: 5. Please identify all officers and their respective positions for Plato Construction Group during the period 1997 through 2000. ANSWER: 6. Please describe the positions held by Gary Uyemyarna with Plato Construction Group and, for each position, state the period of time during wh![ch each position was held for the period 1996 through 2000. ANSWER: 7. Please identify any and all contracts signed by Pilato Construction Group which refer to any of the roofs installed on the Projects. ANSWER: 8. Please identify any and all documents which reflect, refer or relate to the Projects. ANSWER: 9. Was any of the work performed on the Projects accomplished by any subcontractors? ANSWER: 10. Please identify any and all contracts entered inte by Plato Construction Group for the installation of the roofing systems on the Projects. ANSWER: 11. If the answer to interrogatory number 9 is in the affirmative, please identify any subcontractors. ANSWER: 12. Please identify any and all specifications and/or details for the goofing systems installed on the Projects. ANSWER: 13. Projects. ANSWER: Please identify any and all payment and/or performance bonds issued for the 14. Please identify any and all documents which reflect, refer or relate to the materials installed by Plato Construction Group on the Projects. ANSWER: Respectfully submitted, ~xO'BRIEN, BARIC & SC~RER David A. B~wic, Esquire I.D. # 44852; 17 West South Street Carlisle, Permsylvania 17013 (717) 249-6873 dab.dir/litigation/earl.syn/plato/interrogatories.pld CERTIFICATE OF SERVICE I hereby certify that on Septembero~ ,2002, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of Interrogatories Of Carlisle SynTec Incorporated Propounded Upon Defendant, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Baric, Esquire CARLISLE SYNTEC INCORPORATED, sPo/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 02-3988 CIVIL TERM : CIVIL ACTION-LAW PLATO CONSTRUCTION GROUP, INC.,: Defendant : ORDER OF COURT ANDNOW, this 30'~'~ dayof ~ ,2003, upon review ofthe attached Motion To Make Rule Absolute, it is hereby ordered and decreed that Rule previously issued relative to this matter is absolute. BY THE COURT, rRUE COPy FROM RECORO ~n Testlmorly whereof, I h~re unto set my hanoi Prothon~fa~¢" EXHIBIT "B" CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V PLATO CONSTRUCTION GROUP, INC.,: Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :: NO. 02-3988 CIVIL TERM : : CIVIL ACTION-LAW MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Plaintiff, Carlisle SynTec Incorporated, by and through }tS attorneys, ..~'~ O'BRIEN, BARIC & SCHERER, and files the within Motion to Make Rule AbsoluteZ~ihd, ~i~ :-~ support thereof, sets forth the following: 1. Plaintiff filed a Motion to Compel in this matter, a tree and correct copy of said Motion is attached hereto as Exhibit "A" and is incorporated. 2. On April 16, 2003 the Honorable Kevin A. Hess issued an Order directing Defendants to file a verified answer within twenty (20) days of service. A true and correct copy of the Order is attached hereto as Exhibit "B" and is incorporated. 3. To May 15, 2003, no answer has been filed by Defendants. WHEREFORE, Plaintiffrequests that the rule be made absolute and that the Defendants be ordered to produce complete responses to the Request For Production Of Documents and Interrogatories within fifteen (15) days of the date of this Order. Respectfully submilted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 MOTION TO COMrpEI, · NOW, C. omes Plaintiff, Carlisle S~,nTe~-,--- - -:'~'~ ;~-',?-: ' : ' "'.~ ,-~ ,' ~nu hies me v~thin Moti6,n'to'Cbmi~el and, in support thereof,:set~' foi'th the following: - "' ' ' '" ' ~" ' (; recovery cos~ iflcur~ed in'~h~:'rep~iir'ofgevbrai roofing systems installed . b.y Defendant.. ' . .. On September 20, 2002, Plaintiff served cou~isbl for Defendant'Wiih: for Production 0fDocUments and Interrogatories. True and correct copies of the R~quek~ for espectively, and are incorporated. --' - 3. Responses to the Request for Production of Documents and Interrogatories were due on or before October 30, 2002. 4..: TO November S, 2002; Defendant has filed no re~p~s':e Production of Docurfients and Interrogatories. ' -' .' .:',' ' ~' ', '-" · ' -: ' .' BY corre-qp0ndence dated November 5, 2002, c0Unsel for 1~i ~iintiff ii~iiii!d counsel s. . ' : · :.;: . · ;..:i.::...:. !._::.. . for Defendant that answers were due. EXHIBIT WHEREFORE, Plaintiff requests that Defendant be directed and ordered to provide complete responses and answers to the Request for Production of Documents and Interrogatories within fifteen (I 5) days of said order. Respectfully submitted, ~'BRIEN, BARIJ2~ & SCH~ David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab. dir/litigation/earl.syn/plato/¢ompel.raot CARLISLE SYNTEC INCORPORATED, sPo/m/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3988 CIVIL TERM : CIVIL ACTION-LAW PLATO CONSTRUCTION GROUP, INC.,: Defendant : CERTIFICATE OF SERVICE_ I hereby certify that on April ../] ,2003, I, David A. l:laric, Esquire, of O'Brien, Baric & Soberer, did serve a copy of Motion to Compel, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Wid~nan, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Bade, Esquire CARLISLE SY-NTEC INCORPORATED, Plaintiff PLATO CONSTRUCTION GROUP, INC., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.02-3988 CIVIL ACTION-LAW CARLISLE SYNTEC INCORPORA. TED,S ~REOUEST FOR PRODUCTION OF DOCUMENTS The Plaintiff, Carlisle SynTec Incorporated ("Carlisle") hereby requests pursuant to Pa.R.C.P. 4009.11 that Plato Construction Group, Inc. ("Plato Construction Group") produce the following documents: DEFhNITIONS AND INSTRUCTIONS 1. Carlisle adopts and reasserts the definitions contained in the Interrogatories to Plato Construction Group served contemporaneously herewith. 2. If Plato Construction Group asserts any privilege as to any documents responsive to this request, Plato Construction Group shall identify the author(s) of the documents, the addressee(s), the recipient(s) of copies, the date of the document, the nature of the document (e.g., letter, memorandum), the length of the document, the subject matter of the document, the document's current location and the reason why Plato Construction Group alleges that the document is privileged or otherwise protected from discovery. EXHIBIT "A" DOCUMENTS REQUESTED 1. All documents described or identified in the answers of Plato Construction Group to the interrogatories served contemporaneously herewith. 2. All documents which reflect or refer to the roofing systems on the Projects. 3. All documents which refer to Carlisle. 4. Any and all repons from any experts expected to testify on behalf of Plato Construction Group. All documents you intend to introduce or rely upon in the trial of this matter. Respectfully subm![tted, ~ O'BRIEN, BARIC~ S/~RER David A. B~ic, Esquire I.D. # 44853 17 West South Street Carlisle, Petmsylvania 17013 (717) 249-6873 dab.dir/litigation/carl.syn/plato/document, req CERTIFICATE OF SERVI(~ I hereby certify that on September ~'~ _, 2002, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of Carlisle SynTec Incorporated's Request For Production Of Documents, by first class U.S. mail, postage prepaid, to the pan~.y listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Baric, Esquire CARLISLE SYNTEC : INCORPORATED, : Plaintiff : : V. : : PLATO CONSTRUCTION : GROUP, INC., : Defendant. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNI'Y, PENNSYLVANIA NO. 02-3988 CIVIL ACTION-LAW .INTERROGATORIES OF CARLISLE SYNTEC INCORPORATE i} P~ROPOUNDED UPON DEFENDANT The Plaintiff, Carlisle SynTec Incorporated, ("Carlisle"), hereby propounds the following interrogatories to the Defendant, Plato Constmctmn Group, Inc. ( Plato Construction Group ), pursuant to PaR.C.P. 4005. DEFINITIONS AND INSTRUCTIONS 1. "Carlisle" shall include Carlisle SynTec Incorporated, Carlisle SynTec Systems, Division of Carlisle Corporation, their employees, representatives, attorneys, agents, officers, directors, affiliates, subsidiaries and any other person or entity acting or purporting to act on their behalf. 2. "Plato Construction Group" shall include Plato Construction Group, Inc., its employees, representatives, attorneys, agents, officers, directors, affiliates, subsidiaries, predecessors and any other person or entity acting or purporting to act on its behalf. 3. "Projects" shall include the seven (7) buildings referenced as the Edgewater Residential Project located in Edgewater, New Jersey owned by River Club Associates, LLC. EXHIBIT "B" 4. A request to "identify" an individual shall constitute a request to provide the name of the individual, the individual's current employer, the individual's current position with his or her employer, and the individual's current business and home address. 5. A request to "identify" a document shall constitute a request to specify the 'author(s) of the document, the addressee(s), the recipient(s) of the original and any copies, the date of the document, the nature of the document (e.g., letter, memorandum), the length of the document, the subject matter of the document and the document's current location. 6. A request to "identify" a communication or a discussion shall constitute a request for the names of all participants in the communication (including those merely present during some pottion of the communication), the date of the communication or the discussion, the location of the participants at the time of the communication or the discussion, the method of the communication or the discussion (e.g., telephone, office meeting) and the substance of the communication. 7. If Plato Construction Group, Inc. makes a claim of privilege as to any communication responsive to these interrogatories, it shall identi[fy all parties to the allegedly privileged communication, describe the circumstances of the communication, provide the date of the communication, state the duration of the communication, and state the reason why Plato Construction Group, Inc. alleged that the communication is privileged. INTERROGATORIES 1. Please identify any and all individuals who, as employees or subcontractors of Plato Construction Group, performed any work on the Projects. ANSWER: 2. Please identify any and all written communicationts received by you or sent by you to or from Carlisle SynTec Incorporated which refer or relate, directly or indirectly, to the Projects. ANSWER: 3. Please describe any oral communications you had with Carlisle SynTec Incorporated which relate, directly or indirectly, to the Projects. ANSWER: 4. Please describe any and all policies of insurance which may be applicable to the claims asserted by Carlisle SynTec Incorporated and please provide a copy of the policies and a declaration page for each such policy. ANSWER: 5. Please identify all officers and their respective positions for Plato Construction Group during the period 1997 through 2000. ANSWER: 6. Please describe the positions held by Gary Uyemyama with Plato Construction Group and, for each position, state the period of time during which each position was held for the period 1996 through 2000. ANSWER: 7. Please identify any and all contracts signed by Plato Construction Group which refer to any of the roofs installed on the Projects. ANSWER: ANSWER: Please identify any and all document~ which reflect, refer or relate to the Projects. 9. Was any of the work performed on the Projects accomplished by any subcontractors? ANSWER: 10. Please identify any and all contracts entered into by Plato Construction Group for the installation of the roofing systems on the Projects. ANSWER: 11. If the answer to interrogatory number 9 is in the affirmative, please identify any subcontractors. ANSWER: 12. Please identify any and all specifications and/or ,details for the ~oofing systems installed on the Projects. ANSWER: 13. Projects. ANSWER: Please identify any and all payment and/or perfi)rmance bonds issued for the 14. Please identify any and all documents which reflect, refer or relate to the materials installed by Plato Construction Group on the Projects. ANSWER: Respectfully submkted, David A. Baric, Esquire I.D. # 441153 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab'dir/litigation/carl.syn/plato/interrogatories.pld CERTIFICATE OF SERVICE I hereby certify that on September~ ,2002, I, David A. Baric, Esquire, of O'Brien, Baric &Scherer, did serve a copy of Interrogatories Of Carlisle SynTee Incorporated , Propounded Upon Defendant, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Barie, Esquire CARLISLE SYNTEC INCORPORATED, sPo/ngt Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff, V : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3988 C. IVIL TERM : CIVIL ACTION-LAW PLATO CONSTRUCTION GROUP, INC.,: Defendant : ORDER OF COURT AND NOW, this ._alL, ~ day of_ 2m~'l. ,2002, upon consideration of the Plaintiffs Motion To Compel, a Rule is issued upon Defendant's to show cause if any there be why the relief requested in this Motion should not be granted. Rule returnable go days from service. ; BY THE COURT, ,/n'--v ' EXHIBIT "B" CERTIFICATE OF SERVICE I hereby certify that on May_6~'7 , 2003, I, David A. Baric, Esquire, of O'Brien, Baric & Scherer, did serve a copy of Motion To Make Rule Absolute, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace, 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Baric, Esquire Notice - Please be advised that you have twenty (20) days to answer the new matters raised herein from service thereof, or a default judgment may be entered against you. ~ ~______...~h A. Adams, Esquire John A. Adams (I.D. No. 79330) McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240 - Executive Terrace 455 S. Gulph Road King of Prussia, PA 19406 (610) 337-4510 Attorneys for Defendant Plato Construction Group, Inc. CARLISLE SYNTEC INC. Plaintiff, V. PLATO CONSTRUCTION GROUP, INC Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY Civil Action - Law No. 02-3988 ANSWER AND NEW MATTERS OF DEFENDANT PLATO CONSTRUCTION GROUP, INC TO THE AMENDED COMPLAINT Defendant Plato Construction Group, Inc. ("Plato"), by its attorneys, hereby answers and asserts new matters to Plaintiff's Amended Complaint in the above- captioned matter, in accordance with the numbered paragraphs thereof, as set forth below: EXHIBIT "C" 1. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 1, and therefore, the allegations in paragraph I are denied. 2. Plato is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 2, and therefore, the allegations in paragraph 2 are denied. 3. Admitted. 4. Plato is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 4, and therefore, the allegations in paragraph 4 are denied. 5. Admitted except Plato's President, Gary Uyeyama, is improperly denominated in the Complaint as Gary Uyemyama. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Plato admits that Plaintiff attached copies of Inspection Report/Repair for Warranty forms, that Gary Uyeyama's signature is on several such forms, and that printed on such forms is the language set forth in quotes in paragraph 11. The remaining allegations are denied including any legal significance to said language set forth in quotes as conclusions of law to which no responsive pleading is required. Plato specifically denies that it made any representations by signing several of said forms other than representing that it was the "'Attending Roofer" at Plaintiff's inspection. By way of further response, the forms speak for themselves. 12. Plato admits that Warranty Forms are attached to the Amended Complaint. Defendant is without information or knowledge sufficient to form a belief regarding the remaining allegations in paragraph 12, and therefore, the remaining allegations in paragraph 12 are denied. Plaintiff specifically denies any legal significance of said Warranty Forms. By way of further response, the Warranty Forms speak for themselves. 13. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 13, and therefore, the allegations in paragraph 13 are denied. 14. Defendant is without informat on or knowledge sufficient to form a belief regarding the allegations in paragraph 14, ancl therefore, the allegations in paragraph 14 are denied. 15. Admitted. 16. Plato admits that it installed the membrane and roofing accessory products on the Curling Club Project. Defendant is witlhout information or knowledge sufficient to form a belief regarding the remaining allegations in paragraph 16, and therefore, the remaining allegations in paragraph 16 are denied. 17. Plato admits that Carlisle inspected the roof, issued reports, and that reports are attached to the Amended Complaint. The remaining allegations are denied. 18. Plato admits that Plaintiff attached copies of Inspection ReportJRepair for Warranty forms, that Gary Uyeyama's signature is on several such forms, and that printed on such forms is the language set forth in quotes in paragraph 18. The remaining allegations are denied including any legal significance to said language set forth in quotes as conclusions of law to which no responsive pleading is required. Plato specifically denies that it made any representations by signing several of said forms other than representing that it was the "Attending Roofer" at Plaintiff's inspection. By way of further response, the forms speak for themselves. 19. Plato admits that Warranty Forms are attached to the Amended Complaint. Defendant is without information or knowledge sufficient to form a belief regarding the remaining allegations in paragraph 19, and therefore, the remaining allegations in paragraph 19 are denied. Plaintiff specifically denies any legal significance of said Warranty Forms. By way of further response, the Warranty Forms speak for themselves. 20. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 20, and therefore, the allegations in paragraph 20 are denied. 21. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 21, and therefore, the allegations in paragraph 21 are denied. 22. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 22, and therefore, the allegations in paragraph 22 are denied. 23. Defendant is without information or knowledge sufficient to form a belief regarding the allegations ~n paragraph 23, and therefore, the allegations in paragraph 23 are denied. 24. Defendant is without information or knowledge sufficient to form a belief regarding the allegations m paragraph 24, and therefore, the allegations in paragraph 24 are denied. 25. Defendant is without information or knowledge sufficient to form a belief regarding the allegations ~n paragraph 25, and therefore, the allegations in paragraph 25 are denied. 26. Defendant is without information or knowledge sufficient to form a belief regarding the allegations ~n paragraph 26, and therefore, the allegations in paragraph 26 are denied. 27. Defendant is without information or knowledge sufficient to form a belief regarding the allegations ~n paragraph 27, and therefore, the allegations in paragraph 27 are denied. 28. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 28, and therefore, the allegations in paragraph 28 are denied. 29. Denied. Carlisle refused to allow Plato to make any necessary repairs at Edgewater Residential Project and Plato has offered to make any necessary repairs at the Curling Club Project. 30. Defendant is without information or knowledge sufficient to form a belief regarding the allegations in paragraph 30, and therefore, the allegations in paragraph 30 are denied. 31. Defendant is without information or' knowledge sufficient to form a belief regarding the allegations in paragraph 31, and therefore, the allegations in paragraph 31 are denied. 32. Plato admits that the Applicator Agreement contains the language set forth in quotes in paragraph 32, but denies any lega~l significance as conclusions of law to which no responsive pleading is required. The remaining allegations are denied. By way of further response, the Applicator Agreement speaks for itself. 33. Admitted. _COUNT I - Breac.h of Contract 34. The answers to paragraphs 1 through 33 of the Amended Complaint set forth above are incorporated herein by reference as if set forth fully in their entirety. 35. Plato admits that the Applicator Agreement contains the language set forth in quotes in paragraph 35, but denies any legal significance thereof as conclusions of law to which no responsive pleading is required. The remaining allegations are denied. By way of further response, the Applicator Agreement speaks for itself. 36. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the allegations of this paragraph are denied. 37. Defendant is without information or knowledge sufficient to form a belief regarding the allegations of the installation and replacement of the pourable sealer pockets, and therefore, those allegations are denied. The remaining allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the remaining allegations of this paragraph are denied. 38. Plato admits that the Applicator Agreement contains the language set forth in quotes in paragraph 38, but denies any legal significance thereof as conclusions of law to which no responsive pleading is required. The remaining allegations are denied. By way of further response, thE, Applicator Agreement speaks for itself. 39. indemnification. 40. Plato admits that Carlis.e has made a demand for monetary The remaining allegations are denied. Plato admits that it refused to pay Carlisle's monetary demand. The remaining allegations are denied. 41. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the allegations of this paragraph are denied. WHEREFORE, Defendant prays that this court will enter judgment against the Plaintiff and in favor of the Defendant in Count I, and deny the Plaintiff the relief requested in Count I. COUNT II - Neql _qence 42. The answers to paragraphs 1 through 41 of the Amended Complaint set forth above are incorporated herein by reference as if set forth fully in their entirety. 43. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the exter~t that a responsive pleading is required, the allegations of this paragraph are denied. 44. Plato admits that it was aware that Carlisle would issue a warranty to the owner of the Edgewater Residential Project and to the owners of the Curling Club Project. Plato is without information or knowledge sufficient to form a belief regarding the allegations of Carlisle's requirement to make repairs, and therefore, those allegations are denied. Plato denies that it was aware of the specifics of the Warranty. The remaining allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the remaining allegations of this paragraph are denied. 45. Plato is without information or knowledge sufficient to form a belief regarding the allegations of installation of the pourable .'sealer pockets, and therefore, those allegations are denied. The remaining allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the remaining allegations of this paragraph are denied. 46. Plato is without information or knowledge sufficient to form a belief regarding damages and the allegations of installation of the pourable sealer pockets, and therefore, those allegations are denied. The remaining allegations of this paragraph constitute conclusions of law to which no responsive pleading is required. To the' extent that a responsive pleading is required, thE: remaining allegations of this paragraph are denied. WHEREFORE, Defendant prays that this court will enter judgment against the Plaintiff and in favor of the Defendant in Count II, arid deny the Plaintiff the relief requested in Count II. NEW MATTERS 47. Plato hereby incorporates by reference the answers to paragraphs 1 through 46 of the Amended Complaint as if set forth in their entirety as averments herein. Count I fails to state a claim for which relief can be granted. Count II fails to state a claim for which relief can be granted. The claims alleged by Plaintiff in Count I and/or COunt I1 are void, voidable and/or unenforceable because Plato was not in privity of contract with Plaintiff. 51. Count I is barred by the applicable statute of limitations. 52. Count II is barred by the applicable statute of limitations. Plato was not negligent. ~ Plato did not breach any contract or duty to Plaintiff. 5~ The claims against Plato are barred and/or estopped in whole or in part because of the actions and/or conduct of Edgewater Residential, the Curling Club, Plaintiff, Guymar Construction Company, the company that allegedly made repairs on the pourable sealer pockets, and/or some other unknown person or entity. i~ Plato performed each and every duty, if any, owed to Plaintiff. Q The claims against Plato are barred in whole or in part because Edgewater Residential, the Curling Club, and/or Plaintiff failed to mitigate damages. 58. The claims against Plato are barred in whole or in part by the doctrine of laches. ~ The claims against Plato are barred in whole or in part by the Applicatory Agreement and/or other contracts or subcontract agreements. The claims against Plato are barred in whole or in part by estoppel or waiver. 61. The damages allegedly suffered by the Plaintiff, if any, are due to the actions or inactions of Edgewater Residential, Curling Club, Plaintiff, Guymar Construction Company, the company that allegedly made repairs on the pourable sealer pockets, and/or some other presently unknowr~ person or entity, and they are to provide contribution to Plato for any damages awarded. ~ The claims against Plato are barred in whole or in part because Plaintiff failed to comply with the terms of the Applicator Agreement, its representations to Plaintiff regarding repairs, and/or contracts or subcontract agreements regarding repairs. (~) The claims against Plato are barred in whole or in part because Plaintiff breached the Applicator Agreement. ~ Plaintiff or an agent of Plaintiff destroyed the allegedly faulty pourable sealer pockets. '~ At the time that said pourable sealer pockets were destroyed, Carlisle knew or should have known that litigation was possible against Plato regarding the pourable sealer pockets. (~ Prior to the time or at the time that the pourable sealer pockets were destroyed, Plaintiff had not given Plato the opportunity to inspect and/or gather evidence regarding said pourable sealer pockets. ~ Plaintiff's claims against Plato are barred in whole or in part by the doctrine of spoliation of evidence. must be reduced negligence. Plaintiff's claims against Plato are barred, in whole or in part, or by the doctrines of contributory negligence and/or comparative WHEREFORE, Defendant prays that this court will enter judgment against the Plaintiff and in favor of the Defendant in Counts I and II, and deny the Plaintiff the relief requested in Counts I and I1. Respectfully submitted, ~dams (ll.D. No. 79330) McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240 - Executive Terrace 455 South Gulph Road King of Prussia, PA 19104 (610) 337-4510 Attorneys for Defl~ndant Plato Construction Group, Inc. VERJFICATI(~N I hereby certify that I aim the President of Defendant Plato Construction Group, Inc. verify that the factual statements made irl Defendant's Answer and New Matters to Plaintiff's Amended Complaint are true, and. correct, to the. best, of my knawledge.. information and belief. I Understand that this Statement is subject to the penalties of 18 Pa,Stat. Ann. Section 4.~104 relating to Unswom falsifications to authorities, Date: ..CERTIFICATE OF SERVIC_E I, John A. Adams, hereby certify that a true and correct copy of Defendant's Answer and New Matters was served by first-class United States mail, postage prepaid on the 27th day of March 2003 on the following: David Baric, Esquire 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff A. A~F,'~M S CERTIFICATE OF SERVICE I hereby certify that on October ~ ~ ~ 2003, I, David A.. Baric, Esquire, ofO'Brien, Baric & Scherer, did serve a copy of Motion For Sanctions, by first class U.S. mail, postage prepaid, to the party listed below, as follows: John A. Adams, Esquire McAleese, McGoldrick, Susanin & Widman, P.C. Suite 240-Executive Terrace 455 South Gulph Road King Of Prussia, Pennsylvania 19406 David A. Baric, Esquire CARLISLE SYNTEC INC., s/b/rn/t Carlisle SynTec Systems, Division of Carlisle Corporation, Plaintiff VS. PLATO CONSTRUCTION GROUP, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-3988 CIVIL IN RE: PLAINTIFF'S MOTION FOR SANCTIONS ORDER AND NOW, this z ~'~ day of October, 2003, a brief argument on the within motion for sanctions is set for Thursday, December 4, 2003, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, /'David Baric, Esquire For the Plaintiff ~'John A. Adams, Esquire For the Defendant :rlm K~. }tess, J. 10-2B CARLISLE SYNTEC INC. s/b/m/t carlisle SynTec Systems, Division of Carlisle Corporation, P1 ai nti ff V PLATO CONSTRUCTION GROUP, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 02-3988 CIW:L TERM IN RE: PLAINTIFF'S MOTION FOR SANCTIONS ORDER OF COURT' AND NOW, this 4th day of December, 2003, following a conference, action on the within motion for sanctions is deferred pending the filing of a stipulated judgment. By the Court, ~Foavid A. Baric, Esquire r the Plaintiff v<fohn A. Adams, Esquire For the Defendant :bg Ke7~A. Hess, 3. 12/10/2003 .......... 14:54 7Z7249~5755 OBS PAGE 03 CARLISLE SYNTEC INCORPORATED, s/b/m/t Carlisle SynT¢c Systems, Division of Carlisle Corporation, Plaintiff, PLATO CONSTRUCTIO!N GROUP, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3988 CIVIL TERM CIVIL ACTION-LAW s'.rlPULATION TO ENTRY O1~ JIJDGMENT NOW, come the pl~xties to this matter by and through their attorneys of record and agree as follows: 1. Carlisle SynTee Incorporated has instituted the above action based upon a claim for costs of repairs to cerl2a/n meting systems. 2. Thc parti$1s agree to entry of judgment agalllSt Defendant and in favor of Plaint/ff in the total sum of $73,967.00. 3. The parties shall bear their own. costs and expenses, including their attorney fees, to the date of this Stipulation. Therea/'cer, costs, expenses and interest shall accrue and be payable in accordance with applicable Pennsylvania statutes. ~'BRIEN, BARIC & SCHE'RER David A. Bari¢, Esquire, 17 West South Street Carlisle, PA 17013 (717) 249-6873 MoALEESE, MeOOLDRICK, SUSANIN & WIDMAN, P.C. .g.. ;:.:%:z-J~-b'~i~ Adams, Esquire ./~-" Suite 240-Executive Terrace 455 South Oulph Road King of Prussia, PA 19406 (610) 337-4510 Attorney for Carlisle SynT¢c Attorney for Plaid Constructio~ Group, [ne. Incorporated