Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
June2010
08
Education
Builders
JUNE
Christopher Fox, Christopher Fox Builders
PWB Council Social Media Course- 3 in Series
Chris Lyman, McGuire, Wood & Bissette AHBA Office
Construction Law Team 3 pm - 5 pm
Steve Royster, Bass & Royster Builders Cost: $15 per class, or $40 for all three classes
June 30: Getting Started – we’ll help you set up the accounts and pages. Bring your
Renee Maxwell, Progress Energy lap top, one photo and a logo.
July 14: Basic functions and how to use Social Media for your business
Steve Wallin, The Western Carolina
July 28: Advanced topics on Social Media
Home Place
We are focusing on Facebook, LinkedIn and Twitter.
Robi Eckley, Ferguson Enterprises
AHBI Education Program: NC Radon Seminar
Jennifer Duvall, Asheville Savings Bank AHBA Office: June 10, 10:30 am - 11:30 am
FREE
The Southern Regional Radon Training Center (SRRTC) and the North Carolina Radon
Program bring the Radon Resistant New Construction Techniques Seminar to provide
information for builders for installing radon passive systems in homes.
www.AshevilleHBA.com
2 | Asheville HBA O Bringing Professionalism to our Industry
[ monthly message ]
Work is Good, Profit is Good, Time Off is Good
President’s Message by Richard Soderquist
As I sit down to write this article I am reminded of the events of the last several years. Those of you that know me
have a reasonable sense of just how optimistic I am and have remained throughout this entire economic down-
turn. Our industry crashed along with others just as broad and far-reaching. We suffered and our suffering was the
catalyst for so many industries tied directly to the homebuilding industry. The outlook has been improving and the
short term forecast is very encouraging. Our local building safety departments are reporting tons of new projects.
These are positive numbers generated by permits pulled and work being inspected.
I grew up in Kenilworth and notice that there are currently six new homes under construction, shoehorned in I
might add, but very much welcomed.
Work is good.
I’ve just read an article that clearly states that GM has just reported their first profit for a quarter in nearly three years.
Profit is good.
I’ve also just read an article published by the National Academy of Sciences that states that after age fifty daily stress and worry take a dive and
happiness increases. Well, I can safely say that for the first time in three years this person feels good enough about things in general to take a
much need vacation-which I am doing with my family as I write this message. I highly recommend it!
Time off is good!
www.AshevilleHBA.com |3
[ builders tips ]
Builders’ Tip: Put Your Old Gloves to New Use
Like pairs of socks, gloves have a habit of breaking up and heading off in separate directions with one of the pair getting lost.
I have an orphaned glove like that, a soft fleece half-of-a-pair that was just too good to toss.
So, rather than throw it out, I found a new use for it — protecting my safety goggles.
Now, instead of tossing my goggles into my toolbox at the end of the day, I have a useful fleece-lined sheath to put them in that keeps them
from getting scratched when I store them in my toolbox.
www.AshevilleHBA.com |5
Share your accomplishments, awards, and
announcements with fellow members. Send
your news to kc@ashevillehba.com and we
will be glad to include it in the newsletter!
Contract Language for Lead Paint Regulation NAHB Technical Assist Hotline
NAHB’s legal department has written template language for remodel- The Technical Assist Hotline is a great resource for members who have
ing/building firms to use when working in homes affected by the U.S. questions regarding building products, techniques, technologies, and
Environmental Protection Agency regulation entitled “Lead: Renova- best practices.
tion, Repair and Painting.” Target homes are defined as pre-1978 NAHB and the NAHB Research Center have teamed up to provide this
homes where renovation activities will disturb lead paint. The AHBA outstanding free service that is designed to assist NAHB’s builder, remod-
Office has a copy of the detailed forms on file at the AHBA Office. Any eler, and trade contractor members with hands-on construction issues.
member in good standing who would like a copy of the contract lan- Members can call 888-NAHB-MEM (888-624-2636) from 8:30 AM to
guage can request it by sending an email to office@ashevillehba.com. 4:30 PM EST, Mon through Friday. Alternatively, questions can be sub-
This contract language is FREE to any NAHB member. mitted online at www.nahbrc.com/techassist.
The AHBA is pleased that NAHB has taken the time and resources to Technical experts will respond to calls and online hotline inquiries by
create this language as we know it will be very important and helpful the next business day. Callers simply provide a specific question, HBA/
to our members as the rules surrounding this are fully in affect at this NAHB affiliation, and contact information in their message.
time! Please don’t hesitate to contact us with any questions.
The Technical Assist Hotline is just one more way that NAHB member-
May New Member Orientation Attendees ship pays for itself – spread the word and make sure your members
The following new members have completed the application process take advantage of it!
and are now full AHBA members! Look for them at the next AHBA
meeting and welcome them to the Association:
Ryan Morin, Custom Living Quarters; Bill Hodges, Expressions
in Design; Steve Henry, Gutter Helmet of WNC; Darin Hudgins,
Hudgins Roofing; Marilyn Loftin, JELD-WEN, Inc.; Paul Franklin,
Paul Franklin Architectural Photography; Chris Pressley, Pressley
Painting & Interior Design; John Ring, Granite Sheild of WNC; and
Warren Kuelle, Mountain Sawyers.
www.AshevilleHBA.com |7
[ member news ]
First Annual Home & Garden Expo Raises Industry Awareness in Community
By Caroline Sutton, AHBA Executive Officer The AHBA would like to say a HUGE thank you to the following
The AHBA’s first Home & Garden Expo was well received by all who companies who participated in the Parade of Playhomes. This
participated and attended! With 3 years in the planning stages we is a unique charity event that the AHBA sponsors along with the
were excited to make our entrance on May 1 & 2 and the WNC Ag Asheville Radio Group, with all the proceeds going to benefit United
Center. Despite an air conditioning malfunction that was out of our Way of Asheville and Buncombe County. We were pleased to have
control we have heard great feedback ranging from quality leads four homes entered into the Parade this year- three of which were
to a stellar venue with easy move in and parking. This event was sold at auction during the Home & Garden Expo, with the fourth
a success because of the support of our members! We want to being held for a raffle hosted by United Way. These homes raised
especially thank all of our vendors who participated in this industry a total of $9000 so far! These beautiful homes were built by AHBA
specific expo focused on getting products and services in front of members and their suppliers, and while they made a dream home
area consumers who are looking to build, buy and remodel! to Asheville children, more importantly they made a difference to the
beneficiaries of United Way’s efforts! Thank you for your support for
AHBA members enjoyed a special VIP Preview Event for AHBA
this worthy cause!
Members, Builders and surrounding HBA members on the evening
prior to the show opening. With over 300 people in attendance Cool Mountain Construction Playhome
this was a terrific time for exhibitors to get face to face with the Appalachian Log Homes, 84 Lumber, Shultz Painting, and
Builders and Associates that use their products on a daily basis! Fairview 66
The expo housed two full days of expo visitors and a good crowd C. Skip Brewer Playhome, AP, CGP
for the United Way Parade of Playhomes! Southern Classic Stairs,P&M Home Solutions, GBS Lumber, DLV
Roofing, Pella Windows, Your Floor Stop, King Fasteners, Allora,
The AHBA is in the process of surveying all of the 2010 exhibi-
Northern Tool, Sherwin Williams, Fast Signs, Complete Builders,
tors in an effort to make adjustments and additions to the current
Lorraine Plaxico, Acanthus Interiors, Mountain Marble & Gran-
show! As this event grows to be a staple in our community it is
ite, Carolina Native Nursery, Bassett Builders, Jared Allen, Tav-
very important that we hear from our members in an effort to make
istock Commercial Park, Joey Soukup, McMinn Grading, Dennis
this expo the best it can be for our membership and the commu-
Sprouse, Pro-Source, Bianca’s Stitchworks, Tri-County Printing
nity! As a large number of survey’s have already been received
we are excited to announce that the 2011 dates for the Home & Lifestyle Homes of Distinction, Inc. Playhome
Garden Expo are set for April 16 and 17, 2011 at the WNC Ag Adam Penny of T.A.D.S. CAD, Brand Vaughn Lumber, GBS Lum-
Center Expo Facility. ber, Durango and Associates, Parkway Siding and Trim, DM Cus-
tom Installations, Gill Drywall, Rohi Painting, Sherwin Williams
Again we thank our members for their support in this endeavor.
Paint, Leicester Carpet
As we answer the needs of our membership and provide a much
needed resource to the community we are excited to be working Sineath Construction Playhome
for you! Next year’s event will have some new additions like an Hurt Architecture and Planning
expanded outdoor garden section, properly working air condition- Heritage Lumber
ing and much more! Thanks for your support this year and we look
forward to working with many of you again as the AHBA Home &
Garden Expo becomes a household name in our community!
Title Sponsor:
First Restoration Services
(828) 684-1582
www.firstrestorationwnc.com
“Disasters Happen.
We Take Care of them All.”
Partner Sponsor:
Progress Energy
(828) 450-3082
www.progress-energy.com
Check out their Home Advantage Program!
Media Sponsor:
Asheville Radio Group
(828) 210-8548
www.965woxl.com
Sound Sponsor:
Core Installations
(828) 298-6733
www.coreaudiovideo.com
www.AshevilleHBA.com |11
[ member news ]
- Renewing Members -
84 Lumber DSH Construction LLC Horizon Tile & Stone Gallery Inc. Olde World Masters
Craig Taylor Dan Hensley Rick Gurney Paul Wiederhold
75 Montgomery Drive 50 Cherry Grove Rd. 3 Design Ave Unit 110 9 Reed St Ste C
Asheville, NC 28806-1010 Asheville, NC 28805 Fletcher, NC 28732-7824 Asheville, NC 28803-2683
(828) 665-3815 (828) 215-8258 (828) 651-0480 (828) 277-6141
84 Lumber Eagle Creek Home Builders Inform Systems Data Documents Pisces Development
Neil Brunson LLC Inc. Katherine Moore
75 Montgomery Drive Jonathan Myers Graham Truluck 1007 Carolyndon Dr
Asheville, NC 28806-1010 PO Box 96 PO Box 1588 High Point, NC 27262-7844
(828) 665-3815 Skyland, NC 28776-0096 Arden, NC 28704-1588 (336) 689-1051
(828) 337-9755 (828) 687-0816
Appalachian Antique Hard- Point South Investment Co
woods Ed Holland Builders Inc Jag & Associates Construction Inc. Ronald Butler
Chris Clough Ed Holland Jody Guokas PO Box 8727
PO Box 167 151 Jackson Rd 20 Battery Park Ave Ste. 814 Asheville, NC 28814-8727
Waynesville, NC 28786-0167 Fletcher, NC 28732-8524 Asheville, NC 28801 (828) 778-8558
(828) 627-0830 (828) 684-1357 (828) 252-4206
Summit Building Supply
Atomic Solar LLC Fenco Inc. DBA Monarch Jeff Ledford Electric Co Inc Stokes Austin
Ronald Frazier Builders Jeff Ledford 252 Possum Trot Rd
3170 Halls Chapel Rd Dean Fender 5 Watsell Dr Burnsville, NC 28714
Burnsville, NC 28714 525 Merrills Cove Rd Leicester, NC 28748 (828) 682-9841
(866) 704-1187 Asheville, NC 28803-8529 (828) 683-1723
(704) 299-0331 The Housing Marketplace Inc.
Crossville Tile & Stone of Liberty Wood Products Joe Adams
Asheville Full Circle Construction Inc. Don Hill PO Box 15408
Michael Bartley Andy Buttrick 874 Iotla Church Rd Asheville, NC 28813
15 Design Ave. Suite 206 PO Box 2619 Franklin, NC 28734-0329 (828) 891-3911
Fletcher, NC 28732 Hendersonville, NC 28793 (828) 524-7958
(828) 209-0270 (828) 243-1831 Thompson Properties Inc
Maple Ridge Construction Inc. John Thompson
Daisy Mountain LLC Goforth Builders Joe Yanik 452 Butler Bridge Rd
Gregg Homolka Bruce Goforth 2 Dunnwoody Dr Fletcher, NC 28732-9307
PO Box 1090 1 Cedar Ridge Drive Arden, NC 28704-9587 (828) 206-0477
Weaverville, NC 28787-1090 Asheville, NC 28803-8612 (828) 681-8880
(828) 242-4824 (704) 298-8093 Western Heritage Ins Agency
Mature Living Choices Michael Whiteside
Daphne W. Urquhart CPA PA Home Trust Bank Betsy Cameron PO Box 8468
Daphne Urquhart Donna Reeves 1854A Hendersonville Rd # 243 Asheville, NC 28814
PO Box 9910 10 Woodfin St Asheville, NC 28803-2467 (828) 252-1800
Asheville, NC 28815 Asheville, NC 28801-3022 (828) 687-0317
(828) 299-4545 (828) 259-3939
To educate and engage new members within the association, we have a New Member Orientation. AHBA Members are required to
attend the one hour New Member Orientation as the final step in the application process.
- Pending Members -
Asheville Paint & Decorating, Inc. Mountain Sawyers, LLC Pressley Painting & Interior Design Whispering Rock Properties, Inc.
Bobby Brown Warren Keull Chris Pressley Michael Barrett
227 Holcombe Cove Rd. 4600 Hendersonville Rd. 120 Christ School Road 75 Merrills Ridge Rd.
Candler, NC 28715 Fletcher, NC 28732 Arden, NC 28704 Asheville, NC 28803
828-230-3505 828-684-0007 828-216-8113 828-299-8826
Painting & Wall Covering Suppliers Interior Trim Concrete, Specialty & Decorative Log Homes
SPIKE: Greg Spicer SPIKE: Jim Forward SPIKE: Chris Cradduck SPIKE: Bill Bugbee
Custom Living Quarters
Ryan Morin
4600 Hendersonville Rd. Suite A
Fletcher, NC 28732
828-684-0017
Cabinets
SPIKE: Brandon Duinkerken
Gaston & Grey Inc. Keith Bullitt DBA Neat Painting Nine South, LLC
Associate Associate Builder
PLEASE READ
In compliance with our Bylaws and the policies which have been put in place by our Board of Directors and the Membership Committee, Association proce-
dure is to have new member applications approved by the Board of Directors and by the General Membership. Please look at the lists of all Members. If
you know of any compelling reason that any applicant should not be considered for membership, please contact any AHBA staff member at 828-299-7001
or email your comments to the AHBA at info@ashevillehba.com. All information given to the AHBA is held strictly confidential.
www.AshevilleHBA.com |13
[ member news ]
OSHA Increases Its Workplace Penalties When the FDIC Takes Over Your Bank
The Occupational Safety and Health Administration (OSHA) an- [ continued from page 1 ] For example, if the loan is packaged and sold
nounced that it is increasing its penalties to provide a greater de- to a third party that is not interested in collateral in a certain geographic
terrent against employer workplace safety violations. area, they may not renew your loan regardless of the loan-to-value ratio
“For many employers, investing in job safety happens only when or your financial condition.
they have adequate incentives to comply with OSHA’s require- If your loan is delinquent, the FDIC may decide to foreclose on the prop-
ments,” said David Michaels, OSHA’s assistant secretary of labor. erty and sell the collateral rather than selling the delinquent loan. In ad-
“Higher penalties and more aggressive, targeted enforcement will dition, if there are personal guarantees involved, the FDIC will evaluate
provide a greater deterrent and further encourage these employ- the guarantors’ ability to pay and may pursue a deficiency judgment. If
ers to furnish safe and healthy workplaces for their employees.” successful, it will sell the deficiency judgment. However, loan servicing
The current maximum penalty for a serious OSHA violation — one does continue during the due diligence process.
capable of causing death or serious physical harm — is $7,000, The settlement process typically will take 90 to 180 days. You must be
and the maximum penalty for a willful violation is $70,000. prepared to provide any operating cash required during that time even
Under the policy change, the average penalty for a serious viola- if sales indicate that you cannot meet loan release prices. Once a pro-
tion will increase from about $1,000 to $3,000 to $4,000, which is posed offer is agreed upon in principle by the various levels of contract
an increase of 300% to 400%. and FDIC employees at the receivership, it will typically, depending on
Among the steps OSHA is taking to revise its penalty classification the loan balance, go to a satellite and/or regional office for approval by
system: one or two additional committees. A deposit may be required to keep the
loan from being included in a bulk loan sale.
In its assessment of penalties, the time frame for considering
an employer’s history of violations is being expanded from three A settlement process, whether it’s through the FDIC or the acquiring
years to five years. bank, will require the borrower to produce recent financial statements,
tax returns and additional information. It is important to consider and
Penalties are being increased by 10% for employers that have discuss with your accountant the possibility of reviewing each asset for
been cited for any high-gravity, serious, willful, repeat or failure-to- possible mark to market write-downs as well as the tax implications of
abate violations within the previous five years. forgiveness of debt. The process may be a bit daunting, but before you
The minimum penalty for a serious violation is being increased to can tell the lender what you can and will do, you need to feel comfortable
$500. The reduction in a penalty that an OSHA area director can that you can meet any new obligations.
offer at an informal conference is being limited to 30%. If the Acquiring Bank Purchased Your Loan
The final penalties are being calculated serially, instead of the cur- If the acquiring bank owns your loan, it is probably protected against a
rent practice that arrives at a proposed penalty by adding up all significant percentage of any loss it may incur. The FDIC has been utiliz-
the penalty reductions and then multiplying that total percentage ing a loss-share provision as part of the purchase and assumption agree-
by the gravity-based penalty. ment that typically provides for the acquiring bank to absorb a maximum
OSHA also recently announced a new Severe Violators Enforce- of 20% of the losses on specific loans. The FDIC absorbs the remaining
ment Program (SVEP) that increases its focus on repeatedly re- loss. Reporting and collecting on the provisions of the loss-share agree-
calcitrant employers. The SVEP will contain significant changes to ments require a significant amount of administrative effort and in some
the 2008 revision of the Enhanced Enforcement Program (EEP). cases, require the FDIC’s approval for specific kinds of disposition. This
has made the acquiring banks much more hesitant to work with the bor-
Noteworthy changes include:
rower to reach a settlement out of the concern that specific transactions
Focusing on certain high-emphasis hazards, including fall protection
will not be approved by the FDIC and they will then have to absorb 100%
Ensuring nationwide inspections on related worksites of SVEP- of the loss.
identified employers
In an ideal world, settlement negotiations would achieve a win-win situ-
Requiring mandatory follow-up inspections ation for all involved. The builder/developer gets to stay in business and
Directing the SVEP or a similar version to be implemented in state the FDIC or acquiring bank/investor maximizes its recovery of that asset.
plans Experience has shown that the asset is always more valuable to the
original builder/developer than to anyone else, motivating them to do all
they can to make it work.
The loss-share provision is often a sensitive subject for the acquiring bank.
The most important consideration for the borrower or their agent should be
bringing about a best case scenario for all involved. When credit was flow-
ing freely, borrowers were often courted, but times have changed.
Unfortunately, what may appear to be the ideal situation is not always an
option available to the borrower. If the acquirer perceives that foreclosure
and pursuit of personal guarantees is their surest course of action for
preserving their loss share guaranty, the borrower may not be given an
opportunity to settle and refinance even if it appears obvious that it will
provide a greater recovery to the bank and the FDIC. This clearly was not
the FDIC’s intent when crafting the loss-share provision.
This article was reprinted with permission from NAHB, for similar ar-
ticles, please visit www.nahb.org.
AHBA NATION
into effect in July revokes the opt-out completely. All work in pre-1978 must then follow all work practices dictated by the regulation as of
the effective date in July. Remodelers will have to share a copy of the compliance records required for remodelers under the regulation
with home owners within 30 days of completion of the work.
Apply the lead rule to public and commercial buildings. The EPA plans to amend the rule to expand its scope over both public and com-
mercial buildings. NAHB will follow this development but expects the proposal to come out after the clearance testing amendment.
Rule Enforcement
The EPA will not take enforcement action against firms that in good faith submitted firm certification paperwork before April 22 but have
not received official approval yet from EPA. A copy of the letter is available for download. However, the EPA will still be taking enforcement
actions against parties that fail to follow work practices in pre-1978 homes.
Contact the AHBA at 299-7001 for more information on the EPA Lead Paint Certification Laws. To see a list of professionals who have
been certified, visit the AHBA website at www.AshevilleHBA.com and click on Hot Topics.
home advantage
Contact us today for details on becoming a Home Advantage builder.
progress-energy.com/CarolinasHA or 1.800.327.8704