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CA Judge May Have Created Huge Challenges For Contractors
ShawnMcCadden.com The Design Builders Blog ^ | September 9, 2014 | Shawn McCadden

Posted on 09/10/2014 6:24:49 PM PDT by representativerepublic

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To: Still Thinking

I remember seventh grade shop class, in 1971, the teacher asked us how big a 2 by 4 was. I was the only one who knew. I said “One and five eighths by three and five eights”. I had learned that from my Dad, whose father was a carpenter, a few years before that.

In fact I have used the example of the 2 x4 more than once to point out how “trade usage” can refer to a product that is not literally what it is called, but would be understood in the trade as to what it really was, so that if someone contracted to buy 2 by 4s and you gave 1 5/8 by 3 5/8 you would have met your obligation.

I never in my life thought that a judge would actually rule this way.

Then again it’s Marin.

BTW, the two by fours in my house, built in 1910, are two inches by four inches.


81 posted on 09/10/2014 9:14:40 PM PDT by Flash Bazbeaux
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To: Mears
Can you explain that to me. I know nothing about this stuff.

When lumber is sawed from tree trunks it is usually done to as stated dimension ( that is a 2"x4" is cut to stated size), it is considered "green" and needs to be dried to lower its moisture content. As the drying process continues the "green" lumber is subject to warping (twisting) and shrinkage. To bring the lumber back to shape it is then sent through a planer to remove an 1/8" from top bottom and sides. This process renders the lumber square and straight and the finished size is reduced by 1/4" in height and thickness. This is customary for whatever finished lumber size you buy.

My former FIL was a farmer and had his own sawmill and planer. He produced a batch of finished 2x4s at the actual 2"x4" which he used to build his house. It was not a problem until he wanted to add an addition and he bought finished lumber from a building supply house. The original house had walls thicker then the addition which required a lot of shimming when doing the finished carpentry.

Regards,
GtG

82 posted on 09/10/2014 9:14:50 PM PDT by Gandalf_The_Gray (I live in my own little world, I like it 'cuz they know me here.)
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To: Pearls Before Swine

I was told this when I was a kid - going on 45 years ago — but I don’t believe it. It might have been true once, but that’s a whole lot to “plane down”. OTOH, the actual 2” by 4” two by fours in my 1910 house are rough, not smooth.


83 posted on 09/10/2014 9:18:35 PM PDT by Flash Bazbeaux
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To: Rockpile

Marin County is a liberal hellhole on the coastal paradise just north of San Francisco across the Golden Gate Bridge.

California US Sen. Barbara “box OF rocks” Boxer calls Marin County home.

Real 2 X 4 lumber is called “dimensional” lumber and older homes in California were built of rough sawn dimensional Redwood lumber.
This wood was softer and weaker than the pine wood used in modern construction today.

Modern “nominal” lumber is smooth finished 1 5/8” X 3 1/2”. It is as structurally sound as the old 2” x 4” redwood lumber of old.

Periodically the lumber industry/Structural Engineer Society(s) test the wood products of the lumber Industry to verify the structural strength of these products.

Over time both the redwood and the pinewood lumber used in construction have become extremely hard as they have aged. I have some 1960s pine nominal 2 X 4s salvaged from a garage demolition that is so hard you can’t drive a 8d nail through it with a BFH.

This Superior Court (city court) ruling will be laughed out of court upon appeal as the work of unknowledgeable looney toon liberal crackpots.

Wood products other than that used for construction is sold as “quarter” wood.

4 quarter wood measures 1”

3 quarter wood measures 3/4”

6 quarter wood measures 1 1/2”

and so on!


84 posted on 09/10/2014 10:18:00 PM PDT by Forty-Niner (SMOOTH FINISHED)
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To: SgtBob

Sorry but your 2x6’s are 1 1/2” x 5 1/2”! Call a lawyer.


85 posted on 09/10/2014 10:29:43 PM PDT by US_MilitaryRules (The last suit you wear has no pockets!)
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To: representativerepublic

It’s just like calling Obama a President.


86 posted on 09/10/2014 10:35:36 PM PDT by Kickass Conservative (Cruz / Gowdy 2016, if you want to save America.)
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To: representativerepublic

The Judge is as dumb as a Box of Barbara Boxers.

Anvils, Doorknobs, Hammers and Rocks laugh in his face.


87 posted on 09/10/2014 10:43:07 PM PDT by Kickass Conservative (Cruz / Gowdy 2016, if you want to save America.)
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To: driftdiver

In the US (and I think in parts of Canada) the 2 x 4 is only 2 x 4 until it goes through the planing mill. When it is rough sawn it is too rough to be of good use and is milled down after it looses some of the moisture from the raw lumber stage.

The variation from 1 5/8 in narrow dimension is based upon how it dries and how dry it is.

All products that interface with it counts on its size designation being nominal only. The standard is set by the lumber market, the user community, codes and the market —not the retailer. The judge is an idiot.


88 posted on 09/10/2014 10:46:17 PM PDT by KC Burke (Gowdy for Supreme Court)
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To: Flash Bazbeaux
Then again it’s Marin.

Now I'm wondering if "Marin" is Spanish for "moron".

89 posted on 09/10/2014 11:30:14 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: US_MilitaryRules

“Sorry but your 2x6’s are 1 1/2” x 5 1/2”! Call a lawyer.”
**************************************************************************************

I’m suing you. And I’m suing the owners of our local Five and Dime store for false representation of their product prices. I’m asking the Marin county DA for financial assistance in these lawsuits.

/s


90 posted on 09/10/2014 11:36:48 PM PDT by House Atreides (ANOTHER CONSERVATIVE REPUBLICAN FOR CHILDERS 2014 .... Don't reward bad GOPe behavior.)
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To: representativerepublic
So, this is how stupid this country has become?

My, God......
91 posted on 09/11/2014 12:56:06 AM PDT by 98ZJ USMC
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To: E. Pluribus Unum
That's been the standard forever. If they sell actual 2"x4" lumber nobody will be able to use it.

It's been that way for awhile. I almost bought a large older brick 2 story home with actual 2 x 4 walls. Cannot remember the build date, but it was early 20th Century. The studs were Cherry. Reclaiming those studs would almost have paid for the house and I already had a planer.

I thought about it, long and hard.
92 posted on 09/11/2014 1:04:26 AM PDT by 98ZJ USMC
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To: Pearls Before Swine

I always figured it was the size before kiln drying.


93 posted on 09/11/2014 1:06:52 AM PDT by Justa
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To: Mears
“If they sell actual 2”x4” lumber nobody will be able to use it— Can you explain that to me. I know nothing about this stuff.

You can use it, but it would have to be done with all 2 x 4 actual not 1 1/2 x 3 1/2 nominal lumber that is the standard now. Otherwise, your drywall wouldn't match along a wall run, etc, etc. Plus all of your door framing is made to that standard.

It wouldn't bother me, though. I hang my own doors and custom plane all my jambstock for swing doors and pocket doors.
94 posted on 09/11/2014 1:12:31 AM PDT by 98ZJ USMC
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To: 9YearLurker

Either Lowes or Home Depot does put the actual size on their tags around here - might be both.


95 posted on 09/11/2014 4:06:35 AM PDT by ican'tbelieveit
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To: Kipp

judge shopping?

Wonder if the judge will relish be on the receiving end of citizens judging his intelligence in this manner.

I believe builders,carpenters,architects and lumber suppliers should weigh in the subject.

Not to mention the various taxing bodies that will suddenly lose tax dollars when lumber suppliers suddenly abandon selling in marin county.


96 posted on 09/11/2014 4:25:53 AM PDT by Nailbiter
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