Mountain Builders 2011

BOARD OF DIRECTORS

BOARD OF DIRECTORS

Executive Committee Chad Griller, President David R. Fiore, Immediate Past President Griller Construction Management, LLC Western Peak, Inc. New Castle to Silt Builder Member Basalt/Carbondale Developer Member

Peter Martin, Vice President Tom Stevens, Vice President Roaring Fork & Crystal River Valleys The Stevens Group Peter Martin Insurance I70 Colorado River Corridor Associate Member Glenwood Springs Builder Member

Konnie Krahn-Prosence, Secretary-Treasurer Randell Johnson, President-Elect Stewart Title Company Neenan Archistruction Associate Member Snowmass Builder Member Directors of the Board John Baker, Director Shawn Binion, L.S.I, Director J.R. Baker Architects BookCliff Services, Inc. Rife to Mesa County Builder Member Associate Member Joe Carpenter, Director Susan Horning, Director American National Bank Wells Fargo Home Mortgage Associate Member Associate Member John Silich, Director Silich Construction, Inc. Aspen Builder Member

Executive Committee Kyle Hoiland, President

Hearth and Home Outfitters / Home and the Range

Bob Angel, Vice President

Alpine Builders Hardware

Jake Jacobson, Secretary/Treasurer

The Gallegos Corporation

Directors of the Board Mike Bur k l Edwards Building Center

Chris Davis l Alpine Insurance

John Hill l BVD / Green Valley Homes

Lori Mowder l CHC Mountain Structures

Ken Pearson l Alpine Construction and Remodeling

Jack Skjonsby l Bank of America Home Loans

Trevor Theelke l Land Title Guarantee Company

JR Whipple l RMJ Engineers Group

Executive Officer: Sue Hibbs

Executive Officer: Sue Hibbs

Colorado Association of Home Builders – Local Board Members

Kyle Hoiland, Director | Ken Pearson, Director

Colorado Association of Home Builders – Chapter Delegates:

David R. Fiore, Director | Konnie Krahn-Prosence, Director

Randell Johnson, Director

National Association of Home Builders – Chapter Delegates:

David R. Fiore, Director | Chad Griller, Alternate

2010 Outgoing Board Members: Paul Spencer, John Savage

APPLIANCESAlpine Appliance CenterEric Boylan

PO Box 5919 l Avon, CO 81620

(970) 949-1199

www.alpineappliance.com

Home and Hearth Outfitters/

Home and the RangeKyle Hoiland

PO Box 5058 l Edwards, CO 81632

(970) 569-3916

ARCHITECTSBrad Elliott Architect, Inc.Brad Elliott

204 Park Ave. Unit 2F l Basalt, CO 81621

(970) 927-7620

K.H. Webb Architects, P.C.Samantha Bogash

710 W Lionshead Cir, Unit A l Vail, CO 81657

(970) 477-2990www.khwebb.com

J.R. Baker ArchitectsJohn R. Baker

PO Box 938 | Carbondale, CO 81623

(970) 963-2305

Scott S. Turnipseed AIA ArchitectsScott Turnipseed

PO Box 3388 | Eagle, CO 81631

(970) 328-3900www.turnipheadaia.com

ASPHALT, CONCRETE & SITEWORKB & B ExcavatingJason Burkey

PO Box 4870 | Eagle, CO 81631

(970) 328-1734www.bbexcavating.com

BUILDING PERFORMANCE CONTRACTORS Todaysbldg, Inc.David Zilar

PO Box 3891 l Eagle, CO 81631

(970) 376-7635

BUILDING SUPPLIESBig John’s Building & Home Center, Inc.Lonnie Fisher

PO Box 1119 | Glenwood Springs, CO 81601

(970) 945-1252

CARPET CLEANING AND RESTORATION

CONCRETE EQUIPMENT & SUPPLY, LLCBrent Gendreau

145 W Main St | Silt, CO 81652-9769

(970) 876-5662

Edwards Building CenterMike Burk

PO Box 190 | Edwards, CO 81632

(970) 977-6679

Fowler and Peth, Inc.Paul Osborne

28485 Highway 6 & 24 | Rifle, CO 81650

(970) 625-4760

Grabil West, LLCMatt Bunn

201 Main St. #304 | Carbondale, CO 81623

(970) 963-2223

www.grabilwindow.com

CONSTRUCTION CONSULTINGHigh Country ConsultingKyle Hoiland

PO Box 5058 | Edwards, CO 81632

(970) 569-3095

CPA’S & BUSINESS ADVISORSEide Bailly, LLP Todd Harker

1000 South Frontage Rd W. Ste 301 l Vail, CO 81657

(970) 476-4171

www.eidebailly.com

DEVELOPER AND ENTITLEMENT SERVICESBVD / Green Valley HomesJohn Hill

PO Box 5127 | Gypsum, CO 81637

(970) 524-1566

The Stevens GroupTom Stevens

0155 Maroon Mesa Rd | Carbondale, CO 81623

(970) 963-3307

DirectoryAlphabetical category listing of HBA members in Pitkin, Eagle and Garfield Counties

Western Peak is a professional service,

investment, and real estate development

company. Contact David Fiore, President, to

represent you with your needs in Aspen, Vail,

or the Western Slope of Colorado on business

or real estate matters.

David R. Fiore366 Horseshoe, Studio 1A | Basalt, CO 81621

(970) 927-0815www.westernpeak.com

SteamMaster Restoration and Cleaning LLC,

established in 1978 will be celebrating its 33rd

anniversary in 2011. SteamMaster is a 24-hour

Emergency Service Restoration and Specialty

Cleaning company, serving the Central Colorado

Rockies including the mountain communities of

Vail, Breckenridge and Aspen.

Raj Manickam PO Box 399 l Minturn, CO 81645

(970) 827-5555www.steammaster.com

years of excellence33

1978-2011

7

DESIGN/BUILDThe Neenan CompanyRandell Johnson

2620 E Prospect Rd, Ste 100 l Fort Collins, CO 80525

(970) 493-8747www.neenan.com

DRYWALLBacon Drywall, Inc.Melissa Lott

215 N 12th Street | Carbondale, CO 81623

(970) 963-9334

Superior Drywall, Inc.Mark Beagley

PO Box 881 | Eagle, CO 81631

(970) 328-7125

EDUCATIONColorado Mountain CollegeRick Johnson

0255 Sage Way | Aspen, CO 81611

(970) 925-7740

J.R. Baker ArchitectsJohn R. Baker, NAHB Instructor

PO Box 938 | Carbondale, CO 81623

(970) 963-2305

ELECTRONICSParagon Technology GroupCasey Wood

601 Rio Grande Place, Ste 101

Aspen, CO 81611

(970) 544-8444www.parpagon-usa.com

Superior Alarm & ElectronicsMichael Keyser

PO Box 4910 l Edwards, CO 81632

(970) 328-2699

Vail Electronics, Inc.Don Anderson

PO Box 3940 | Avon, CO 81620

(970) 827-9120

www.vailelectronics.net

ELEVATORSMorning Star Elevator, LLCSean Paxson

16165 Cliff rock Ct

Colorado Springs, CO 80921

(719) 635-7960

ENGINEERINGBoundaries Unlimited Inc.Bruce Lewis

823 Blake Ave | Glenwood Springs, CO 81601

(970) 945-5252www.bu-inc.com

HP-GeotechSteve Pawlak

5020 County Road 154 l Glenwood Springs, CO 81601

(970) 945-7988www.hpgeotech.com

FINANCIAL INSTITUTIONS

To get the right home, you’ll need the right

home loan. At Bank of America, we are

committed to fi nding mortgage solutions that

work for our customers. Let me help you fi nd

the home loan that’s right for you.

Jack Skjonsby

105 Edwards Village Blvd

PO Box 5027 | Edwards, CO 81632

(970) 569-3561

8

American National Bank – Rifl eJoe Carpenter

429 Railroad Ave | Rifl e, CO 81650

(970) 625-2895

Bank of ColoradoClayton L Collier

901 Grand Avenue l Glenwood Springs, CO 81601

970-945-7422

Colorado Business BankLarry Cavanaugh

PO Box 2826 | Edwards, CO 81632

(970) 926-6801

Wells Fargo Business BankingRoaring Fork Valley

205 E Meadows Drive

Glenwood Springs, CO 81601

(970) 384-4481

Wells Fargo Home MortgageSusan Horning

931 Grand Ave. | Glenwood Springs, CO 81601

(970) 945-7722

FIRE SPRINKLERS

FLOORINGRuggs Benedict/Carpet OneRoger Benedict

PO Box 830 | Avon, CO 81620

(970) 949-5390www.ruggsbenedict.com

GENERAL CONTRACTORSAdam’s RibBruce Gray

PO Box 659 | Eagle, CO 81631

(970) 328-2326www.adamsribranch.com

Alliance Restoration Services, Inc.Rob Faddick

PO Box 109 | Eagle, CO 81631

(970) 328-4900alliancerestoration.com

Alpine Mountain Builders, Inc.Terry Scanlan

PO Box 69 | Edwards, CO 81632

(970) 926-8703

Alpine Construction & Remodeling, Inc.Ken Pearson

PO Box 8337 | Avon, CO 81620

(970) 926-1019

Bear Creek ConstructionBruce Lipton

PO Box 2324 l Basalt, CO 81621

(970) 948-5716

Beck Building Company, Inc.Frank Payne

PO Box 4030 | Vail, CO 81658

(970) 949-1800www.beckbuilds.com

Black Dragon Development, LLCJ. Crockett Farnell

PO Box 579 l Crested Butte, CO 81224

(954) 682-1000www.blackdragonllc.com

Boles Construction

Brad Foster

PO Box 426 | Edwards, CO 81632

(970) 926-3202www.bolesconstruction.com

C & B Development LLCJim Comerford

PO Box 2342 | Edwards, CO 81632

(970) 926-8709

C & H Construction LLCRichard Caples

PO Box 341 | Avon, CO 8162

(970) 949-1502

Campbell ConstructionPat Campbell

PO Box 8609 | Avon, CO 81620

(970) 949-6187

9

The Residential Fire Sprinkler Experts.

See our ad on page 16.

Steve Allen274 Center Drive l Glenwood Springs, CO 81601

(720) 219-0574

CHC approaches each custom home, addition

or remodel as a series of carefully crafted steps

towards an integrated whole. We take pride in

turning your dreams into reality.

Kevin and Lori Mowder PO Box 3026 | Eagle, CO 81631

(970) 328-3040www.customhouseconstruction.com

404 Broadway, Unit AEagle, Colorado970-328-3040

www.customhouseconstruction.com

We specialize in providing

personalized service on

every project.

Cliver DevelopmentScott Cliver

PO Box 333 l Edwards, CO 81632

(970) 390-6389

Cohen Construction IncJeff rey Cohen

PO Box 1889 | Edwards, CO 81632

(970) 926-3443

D.M. Neuman Construction Co.Jason Neuman

PO Box 2317 l Glenwood Springs CO 81602

(970) 945-7502

David Lambert Construction, Inc.David Lambert

PO Box 1727 | Basalt, CO 81621

(970) 927-5393

Evans Chaff ee Construction GroKatie Vernon

PO Box 8266 | Avon, CO 81620

(970) 845-0466www.evanschaff ee.com

Evergreen DevelopmentStephen King

PO Box 1870 | Edwards, CO 81632

(970) 926-3035

George Shaeff er Construction CompanyJon Stevenson

PO Box 373 | Vail, CO 81658

(970) 845-5656

Geyer Construction LLCChristy Geyer

245 River Ranch Road | Edwards, CO 81632

(970) 926-1344

Griller Construction Management, LLCChad Griller

369 Faas Ranch Rd | New Castle, CO 81647

(970) 366-1174

Heid Custom Builders, Inc.Ric Heid

PO Box 4909 l Edwards, CO 81632

(970) 390-2674www.heidcustombuilders.com

Heritage BuildersPassero, Chris

204 Park Ave., Unit 1H l Basalt, CO 81621

(970) 927-4105

Hill Construction Inc.Gary Hill

PO Box 1735 | Edwards, CO 81632

(970) 328-2200

Holy Cross Building & Design, LLCJim Jose

PO Box 572 | Edwards, CO 81632

(970) 328-1632www.hcbad.com

Hoeft Builders West Inc specializes in many aspects

of the construction industry. With a specifi c

understanding of the customer’s expectations and

keeping up with the most recent building practices

Hoeft Builders West stands behind a strong belief

in the traditional general contracting method of

construction. Custom Homes, General Contracting,

Construction Management, Property Management

and Design Build with a personal dedication to every

customer that Hoeft Builders West conducts business

with. See our ad on page 30

Patrick HoeftAvon, CO 81620(970) 904-1959

10

HW Builders, LLC Reid Phillips

PO Box 1823 l Vail, CO 81658

(970) 390-6089

Integrity Construction Mgt Group, LLCJack Wheeler

PO Box 3433 | Basalt, CO 81621

(970-927-7699

Iron Horse Mesa Homes, LLCMark Rauch

5125 S. Kipling Parkway | Littleton, CO 80127

(303) 618-8694

Jack Wilkie Builder, Inc. Jack Wilkie

20 Sunset Drive #2 l Basalt, CO 81621

(970) 927-4226 www.jwbinc.com

Janckila Construction IncKen Janckila

353 Goose Ln | Carbondale, CO 81623

(970) 963-7239

Jim Guida Construction, Inc.Jim Guida

PO Box 760 | Vail, CO 81658

(970) 845-9100

Kalamunda Construction Mick Collins

PO Box 2471 l Silverthorne, CO 80498

(970) 376-0360

McCord Construction, Inc. Tom McCord

PO Box 4195 l Eagle, CO 81631

(970) 376-1075

Minick ConstructionDavid Minick

PO Box 4018 | Vail, CO 81658

(970) 904-5066

Nedbo Construction, IncRoland Kjesbo

PO Box 3419 | Vail, CO 81658

(970) 845-1001www.nedbo.com

Precision Construction West, Inc.Todd Morrison

PO Box 3145 | Eagle, CO 81631

(970) 328-0403

R.A. Nelson AssociatesSharon Jones

PO Box 5400 | Avon, CO 81620

(970) 949-5152www.ranelson.com

Regan ConstructionMark Regan

601 Rio Grande Pl, Ste 119B l Aspen, CO 81611

970-923-0010

The Reynolds CorporationBuz Reynolds

PO Box 738 l Avon, CO 81620

970-904-4226

Romero’s Construction, LLCFrancisco Romero

PO Box 2136 | Gypsum, CO 81637

(970) 471-0795

Sage Concepts and

Sage Green Framing/S.I.P.sJeff Sage

PO Box 1560 | Avon, CO 81621

(970) 748-6977sageconceptsinc.com

Samelson Development CorporationLes Samelson

PO Box 418 | Vail, CO 81658

(970) 376-0076

Sawatch Land CompanySteve Croke

PO Box 5355 | Vail, CO 81658

(970) 748-8738

Savage Land Company Inc.John Savage | PO Box 1926

Rifle, CO 81650

(970) 625-4401

Silich Construction, Inc.John Silich

303 Aspen Airport Business Ctr, Ste J

Aspen, CO 81611

(970) 920-2299

Structural Associates CompanyBruce Shugart

4185 County Road 154 | Glenwood Springs, CO 81601

(970) 945-0147www.structuralassoc.com

Summit Habitats Sandy Treat

PO Box 2755 l Avon, CO 81620

(303) 949-1743

Sunder, IncJohn Sunderland

PO Box 1393 | Edwards, CO 81632

(970) 390-1885www.sunderinc.com

TWC, LLCMichael Scrivens

PO Box 8812 l Avon, CO 81620

(970) 376-6543

Vail Valley Custom Builders, LLCLynn Bartkoske

PO Box 2809 | Edwards, CO 81632

(970) 926-8771www.vailcustombuilders.com

Van Dieman, Inc.Peter Cope

PO Box 1832 l Vail, CO 81658

(970) 390-2106

Venzor Construction, Inc.Patricio Venzor

PO Box 73 | Eagle, CO 81631

(970) 926-7984

Warner Developments, IncBob Warner

PO Box 958 | Avon, CO 81620

(303) 949-4360

William H. Baker ConstructionBill Baker

210AABC-Suite MM | Aspen, CO 81611

(970) 925-2391www.whbconstruction.com

Wynton Companies, LLCJohn Purchase

PO Box 3908 | Eagle, CO 81631

(970) 328-3792 www.brushcreekvillage.com

As a custom fine home builder in the Vail Valley,

we choose sustainable building practices as a

matter of principle, bringing you and your guests

peace of mind. Let Meadow Mountain Homes

be a part of your team and we assure you a very

sound and efficient home built with integrity.

Visit www.meadowmountainhomes.com

Sean McGinley PO Box 5527 | Eagle, CO 81631(970) 328-2826meadowmountainhomes.com

11

GREEN BUILD PROFESSIONALS

Alpine Construction and Remodeling, Inc.

Ken Pearson l (970) 926-1019

Beck Building Company

Forrest Watson l (970) 949-1800

CHC Mountain Structures

Lori Mowder l (970) 328-3040

Cohen Construction Inc

Jeff rey Cohen l (970) 926-3443

D.M. Neuman Construction Co.

Jason Neuman l (970) 945-7502

George Shaeff er Construction Co.

William O’Neill l (970) 845-5656

Jim Guida Construction

Jim Guida l (970) 845-9100

J.R. Baker Architects

John Baker l (970) 963-2305

Silich Construction, Inc.

Jason Walker l (970) 920-2299

GOVERNMENTCanada Mortgage and Housing Corp.Christa Andraos

Calgary, AB

(403)[email protected]

GRAPHIC DESIGN

HOME FURNISHINGS & DESIGNAmerican Furniture WarehouseChuck Pratz

3200 S. Glenn Ave. l Glenwood Springs, CO 81601

(970) 928-9422

INSURANCEAlpine Insurance Agency of Edwards, Inc.Chris Davis

0225 Main St, Ste O-205 l Edwards, CO 81632

(970) 926-1717

Glenwood Insurance AgencyBryan Avery

1605 Grand Ave. Unit K l Glenwood Springs, CO 81601

(970) 945-9161

Peter J. Martin InsurancePeter Martin

40 Sunset Dr, Ste 10 | Basalt, CO 81621

(970) 927-2391www.petermartininsurance.com

INTERIOR DESIGNArtisan DesignsColleen Hill

56 Edwards Village Blvd, Unit 114 l Edwards, CO 81632

(970) 766-7444

Slifer Designs, Inc.216 Main St, Suite C-100 | Edwards, CO 81632

(970) 926-8200www.sliferdesigns.com

Serving the Vail Valley and beyond since 1996. Comprehensive creative design services covering print collateral, website, online ads, e-newsletters and email campaigns, display advertising, magazines and much more.

Sue HibbsPO Box 4348 | Eagle, CO 81631

(970) 376-2033

12

JOBSITE SERVICESUnited Site ServicesMike Reid

PO Box 219 l Commerce City, CO 80037

(970) 928-7500

JOBSITE RECYCLINGCitewaste, LLCRob Ashcraft

PO Box 1402 | 2551 Delores Way

Carbondale, CO 81623

(970) 963-8877

LAW OFFICESWest Brown Huntly ThompsonMark Thompson

PO Box 588 | Breckenridge, CO 80424

(970) 453-2901 LUMBER Alpine Lumber CompanyRob Scott

1120 W 122nd Ave, Ste 301

Westminster, CO 80234

(303) 451-8001www.alpinelumber.com

MASONRYBreitzman MasonryMike Breitzman

PO Box 6773 | Avon, CO 81620

(970) 471-3383

Castleton Masonry IncChris Cook

PO Box 915 | Eagle, CO 81631

(970) 328-8055

The Gallegos CorporationJake Jacobson

PO Box 99 | Wolcott, CO 81655

(970) 926-3737www.gallegoscorp.com

Vogelman West Associates IncJohn Readle

PO Box 921 | Avon, CO 81620

(970) 949-4138

MOVING AND STORAGEAlliance Moving SystemsAndy Clark

PO Box 5326 | Eagle, CO 81631

(970) 328-6683 www.alliancemovingsystems.com

PLUMBING, HEATING & AIR CONDITIONINGBishop Plumbing and Heating, Inc.Kristin Davis

201 14th St l Glenwood Springs, CO 81601

(970) 925-8610www.bishopplumbing247.com

Climate Control Company of Vail and Glenwood SpringsMike Fergen

PO Box 1042 | 1537 County Road 130

Glenwood Springs, CO 81602

(970) 945-2326www.climatecontrolcompany.com

Concept Mechanical IncTim Rosen

PO Box 1165 | Avon, CO 81620

(970) 949-0200

LANDSCAPINGSHC Nursery & Landscape Co.Mike Stevens

PO Box 2049 | Eagle, CO 81631

(970) 328-5484

LIGHTING CONTROL SYSTEMSControlsPlus, LLCMaryam S. E. Kling | LiteTouch, Inc.

www.controlsplus.biz | www.litetouch.com

Aspen, CO l (970) 405-7823

MODULAR SYSTEMSBarVista Building Systems390 Mountain View Rd | Berthoud, CO 80513

(970) 532-4257www.barvistahomes.com

NON PROFIT ORGANIZATIONSAspen Board of RealtorsStacey Rinker

23400 Two Rivers Rd, #44 l Basalt, CO 81621

(970) 927-0235

Basalt Chamber of CommerceHeather Smith

101 Midland Avenue | PO Box 514

Basalt, CO 81621

(970) 927-4031www.basaltchamber.org

Better Business BureauOni Butterfly

PO Box 447 | Carbondale, CO 81623

(970) 704-0842www.wynco.bbb.org

Glenwood Springs Chamber

Joni Bates1102 Grand Avenue l Glenwood Springs, CO 81601

[email protected]

Glenwood Springs Association of RealtorsCherly Burns

2520 S. Grand Avenue, Suite 108

Glenwood Springs, CO 81602

970-945-9762

Habitat for Humanity

of Eagle & Lake CountiesKalie Palmer

PO Box 4149 | Avon, CO 81620

(970) 748-6718

Eagle Valley Alliance for SustainabilityMatt Scherr

PO Box 4923 | Vail, CO 81658

(970) 827-9999

PAINTINGSwanepoel Painting IncNick Swanepoel

PO Box 1747 | Edwards, CO 81632

(970) 524-4500www.vintagewoods.net

POOLS & SPASMaximum Comfort Pool & Spa, Inc.Michael Charles

PO Box 2670 | Vail, CO 81658

(970) 949-6339

“PEOPLE AND PRODUCTS YOU CAN COUNT ON”

R&H Mechanical is one of the leading full service

HVAC, RADIANT HEAT, and SNOWMELT specialists

in Colorado. R&H Mechanical is committed to the

involvement in the latest technology as it relates to

both residential and commercial applications. R&H

Mechanical is locally owned and operated with its

headquarters in Eagle, Colorado.

David YoungPO Box 810 l Eagle, CO 81631

(970) 328-2699 www.randhmechanical.com

With over twenty years of design experience, consider Carol Moore Interior Design to be your “go to” resource for refreshing or remodeling your clients’ homes. As a full service interior design firm we can help your clients’ home keep up with their ever changing needs. Please contact us for a two hour complimentary consultation.

Carol Moore137 Main Street, Suite O-204 l Edwards, COwww.cmid.usLook for us on Facebook & Twitter

13

ROOFINGS & H Roofi ng, Siding and TrimJeff Sokup

PO Box 5653 | Eagle, CO 81631

(970) 524-6652

REALTORSReMax CountryDon Markley, CRS, GRI, CDPE

631 Mel Ray Circle l Glenwood Springs, CO 81602

(970) 947-1234

[email protected]

SOLARBonsai Communities LLC

Clean Energy CollectivePaul Spencer

401 Tree Farm Dr | Carbondale, CO 81623

(970) 748-6309www.bonsaicommunities.com

SURVEYINGBookcliff Survey Services, IncMichael Lanhorne

136 E 3rd St | Rifl e, CO 81650

(970) 625-1330

THERMAL APPLICATIONSInsulVail, LLCRick Rogers

PO Box 2888 | Vail, CO 81658

(970) 524-3000www.insulvail.com

TITLE COMPANIESLand Title Guarantee CompanyTrevor Theelke

PO Box 4420 | Eagle, CO 81631

(970) 328-1465

Stewart Title Konnie Krahn-Prosence

1620 Grand Avenue l Glenwood Springs, CO 81601

(970) 945-5434

WOODWORKINGMidnight Sun CustomsScott Dillard

100 Glenwood Ave. | Carbondale, CO 81623

(970) 355-4080www.midnightsuncustoms.com

Specialty Wood Products, IncJosh Deguire

18400 E 22nd Ave | Aurora, CO 80011

(303) 288-8484

Top Notch Logworks, Inc.David Sante

P.O. Box 362 | Eagle, CO 81631

(970) 524-7323

www.topnotch-logworks.com

We love to share our passion for wood with

everyone we meet! Our talented team of master

craftsmen and designers specialize in producing

fi ne and sometimes very complex woodwork

elements, from dreams to reality. Please visit our

shop and showroom to see our latest work in

progress. See our ad on page 15.

Heartwood Custom Woodworks, Inc.Carl and Janet Jordan

725 Chambers Avenue, Eagle, CO

970.328.WOOD (9663)www.heartwood1.com

ModulaStone©

AUTHENTIC STONE VENEER PANELSEspecially developped for home-owners, renovators, and residential developpers

Panels interlock with one anotherEasy to install

No specialised tools required

Stone Advise America5810 Place TurcotMontréal (QC) Canada H4C 1W3

Phone1 888-771-5810514 932-9266

Websitewww.modulastone.com

NEW

14

HEARTWOOD CUSTOM WOODWORKS

PO Box 4089 Eagle, CO 81631 970 328-WOOD (9663) www.heartwood1.com

15

Bob Peterson Named 2011 Chair of NAHB Remodeling Board

of Trustees

M2M HBA is pleased to announce that its good friend, Bob Peterson, was named

Chair to the NAHB-Remodeling Council. Peterson has been active on this prestigious

remodeling council for more than 12 years and a member of the Northern Colorado

Home Builders Association and The Colorado Association of Home Builders (CAHB)

for more than 18 years. As Chair, Peterson will lead more than 8,000 remodelers

nationwide. The NAHB Remodeling Council will partake in a meeting in the fall of

2011 at Harvard University’s Joint Housing Center for Housing Studies and economic

forecast. For further information about the remodeling council and membership with

M2M HBA contact Sue Hibbs, Executive Offi cer at (970) 328-2205.

See page 28 for further information about Bob Peterson.

The right partner for all

of your fi re protection

needsResidential

CommercialService

16

Bob D. PetersonCGR CAPS, CGP

Associates in Building &

Design, Ltd.

T H I R D A N N U A L

A S P E N S Y M P O S I U M

N AT I O N A L S P E A K E R S l V E N D O R B O O T H S l I N T E R N AT I O N A L E X H I B I T O R S l R O U N D TA B L E D I S C U S S I O N

A conference

addressing

sustainability trends

in Colorado

For architects,builders,

tradesmen, homeowners,

local governments

Friday, December 2, 2011

Aspen Meadows Resort, Aspen, Colorado

17

Most investors in solar energy own their

own home fi rst, then research, shop

around and fi nancially plan for a resi-

dential photovoltaic (PV) purchase. A

solar array is a reasonable purchase only if you’re in a

sound fi nancial position and own a sunny roof or yard.

It doesn’t make sense if you rent your home or live in

the shadow of a magnifi cent spruce. So it’s not seen as

something for everybody. But what if someone were to

remove all the obstructions and open up the market?

Paul Spencer, the owner and founder of the Clean

Energy Collective (CEC), is giving it a shot. “Eliminate

[those factors] and you essentially go from a market of

environmentalist homeowners, which might be a million

people in America, to everybody that has a utility bill,

which is 146 million,” he said. Spencer is looking to bring

solar energy to the masses with a new community-based

approach to commercial-scale solar farms. Based in Car-

bondale, Colo., the CEC claims to be the fi rst community-

based solar integrating company in the country.

Conceptually, a community-based “buy-in” model

of solar farm is very simple. The CEC’s role as solar inte-

grator is to negotiate the land lease terms (or buy land

outright), select the technology, arrange for the instal-

lation and see the entire construction process through

from start to fi nish. Once the farm is up and producing,

its panels are sold, individually or in sections, to ratepay-

ers at Holy Cross Energy, the primary local utility near

Aspen, Colorado. Each purchaser then owns his or her

own investment, along with the rights to any energy

it produces. Payback is accomplished with renewable

energy credits directly subtracted from the purchaser’s

electric bill. In concept, Spencer says, this is “virtual net

metering,” which, for billing purposes, is just like having

solar on a rooftop.

And what happens if a customer moves or falls upon

hard times? As with any other piece of real estate, the cus-

tomer can then sell the investment — at a markup, if the

market warrants it—to any other Holy Cross ratepayer.

The CEC takes care of all maintenance and insures the in-

vestment for 50 years. Customers are even granted visita-

tion rights, and if they’re so inclined, can treat their solar

panels to a sponge bath. It works just like having solar on

your rooftop, except that it’s down the road in a fi eld.

PROJECT ATTRACTS VARIETY OF CLIENTS

The population of the Roaring Fork Valley, generally

well-off , active and interested in renewable energy with

Aspen just up the road, has paid attention to the CEC,

which has been extensively covered by the local newspa-

pers. “Right now people are coming to us,” Spencer said in

a late-July visit to the inaugural CEC solar farm. “And the

beauty of it is that the majority are exactly the segment

of people we were hoping to hit.” Spencer said the CEC

is attracting people who are more fi nancially restricted

than the typical solar consumer. The average solar array

in the valley getting rebates through Holy Cross Energy is

between 5 and 6 kilowatts (kW) in size, he said. But the

CEC is selling blocks of panels averaging around 2.5 kW.

And there are even customers opting for a single 230-

watt panel at $725, the minimum allowable purchase.

“We’re clearly attracting a lot of people who don’t have

15 or 20 grand to put a system on their house,” Spencer

said. “Which is great because that was part of our goal: to

really open up the market.”

The other type of customer Spencer said he [pull out

only: [The CEC] is attracting people who just don’t want

to deal with putting an installation [of solar] on their

house. “For example, I had an 82-year-old guy call two

weeks ago who wanted to completely power his house

with solar,” he said. “He’d been thinking about it a long

time, but he said it just seemed too overwhelming.”

Mike KoshmrlWriter for Solar Today

Community-Based Solar: Finally, an Attractive Option for Homeowners, Businesses and Government

In Aspen’s Roaring Fork Valley, the Clean Energy Collective could be leading the next solar revolution

18

Gerry Kaplan fi ts that description. Kaplan had looked

into adding solar panels when he built his house three

years ago, but after doing a little research, he saw it

just didn’t make sense. It looked too expensive, plus the

layout of the house wasn’t quite right, he said. But after

reading about the CEC this spring in the Vail Daily, Ka-

plan said he was quick to sign on. “I think it’s positively

brilliant,” he said. “Maury [his wife] and I are actually

buying 24 panels. We will actually own 24 panels. In my

mind it’s a great investment. It will cut my [annual] elec-

tric bill down from $2,000 to about $1,000.”

Kaplan decided he could aff ord to off set about half

his energy use, which the CEC determined he could do

with a 5.52-kW system. At $3.15 per watt, this cost him

about $17,400. A proposal he received shows that the

CEC estimates a payback period of just under 13 years

and nearly $175,000 in lifetime savings. Both fi gures

assume a 5 percent annual increase in energy costs,

which is less than the national average, the CEC said. The

proposal also estimated that a conventional residential

5.52-kW array would take 23.5 years to pay itself off .

UTILITY ENDORSED PROGRAMColorado Gov. Bill Ritter recently signed the solar gar-

dens bill into law, allowing groups of 10 or more people

to own a share in a solar array and reap the project’s

incentives and electricity. But the new law actually has

no bearing on the CEC because Holy Cross Energy is an

exempted Touchstone Energy Cooperative utility. Holy

Cross, which services most of the Roaring Fork Valley,

supported the CEC’s vision at the urging of its members

and board of directors, not because of a policy mandate.

Chief Executive Del Worley explained that Holy Cross saw

a CEC partnership as a no-brainer, in part because his

company still has a ways to go to achieve its self-imposed

renewable portfolio standard of 20 percent by 2015.

“For a good number of our customers I think it’s a

win, win, win,” Worley said. “It’s a good deal. When you

consider all the factors, the economics are really no dif-

ferent than net metering residential installations, which

we’re required to do by law.” Spencer made the remote

metering process seamless for Holy Cross, he says. A

former software developer, he devised a program he’s

dubbed RemoteMeter to credit all of his investors’ bills

from a single production meter. Applications are also

available to tap into RemoteMeter from a home com-

puter or smart phone. In Worley’s view, there are other

benefi ts to the partnership as well. Holy Cross can now

draw solar power from a central plant it knows is going

to be maintained. And it also lands the utility a sizable

number of renewable energy credits (RECs).

If its rapid growth rate continues, the CEC could soon

be satisfying a respectable percentage of Holy Cross En-

ergy’s total demand, which tops out at 250 megawatts

(MW) in the wintertime, mostly due to ski resort load in

Aspen and Vail. There are currently two CEC solar farms

under construction, totaling about 1 MW, and another

three in the works that will bring the total up to 5 MW.

By mid-August, CEC had secured reservations totaling

over 100 kW. The fi rst 80-kW community solar site just

went live on Aug. 18.

NATIONAL MODEL POSSIBLE?Spencer said that what the CEC is doing in the val-

ley is important, but recognizes that, at this point, his

business is still in the “proof of concept” stage. The big

picture, in his mind: “How do you take 5 MW that you

might do here and grow that to hundreds of megawatts

nationally, and then gigawatts and terawatts? That’s re-

ally the vision.” There are really no other integrators in

existence focusing on community-based solar, Spencer

said. “We looked high and low because it’s easier to

improve the wheel than to reinvent the wheel,” he said.

“And we didn’t fi nd anything.”

But the time for community solar appears to have

come. A number of states, including Vermont, Mas-

sachusetts, Maine and now Colorado, have extended

net-metering laws to community-based solar farms. In

addition, utilities in both Utah and California have initi-

ated their own community-based programs. And soon

there fi gures to be a number of other community-based

solar integrators, besides the CEC.

Spencer said that the CEC has bundled its fi nancial

model, tax model, legal model and software supporting

model into one and is now licensing it out to other com-

panies around the United States.

“They’re coming in from Colorado, but we’ve also

probably had eight or 10 groups from other states ap-

proach us about wanting to take this model to Califor-

nia, wanting to take this model to Florida, to Massachu-

setts, to Utah, etc.,” he said. “That was part of my initial

goal and vision, to create a vehicle that would allow

large-scale ownership in renewable energy. To make it

make sense and make it easy for everybody to be part

of the solution. And then be able to roll that solution out

to the masses.”

EDITOR’S NOTE: This article was reprinted In whole or in

part with permission of Solar Today, Copyright August

25, 2010, a publication of the Solar Energy Society. For

further information about Solar Today contact its deputy

editor, Seth Masia, at [email protected] or visit

www.ases.org.

The CEC also has planned installations in Eagle County,

Colorado near Vail.

[Th e CEC] is attracting people who just don’t want to deal with putting an installation [of solar] on their house.”

19

Water Effi ciency rules changing for builders and homeowners

On January 1, 2011, a new Colorado law

goes into eff ect that requires builders

to off er home buyers water effi ciency

options. The law does not require builders

to change the design or construction of their standard

home products. This “mandatory off er” law is similar to

the solar options law that went into eff ect in August 2009.

This article discusses the requirements of the new law, as

well as some of the risks for builders and, accordingly,

some potential confl icts home buyers may face.

The new law applies to builders of single-family

detached residences who enter into contracts on or

after January 1, 2011. Builders of attached products are

not covered, nor are builders of multi-family projects.

Homes that are unoccupied and being used as sales

inventory or model homes are expressly excluded from

coverage of the new law.

Builders are required to off er home buyers the

opportunity to select one or more of three specifi ed

water-smart home options:

(1) water effi cient bathroom fi xtures (toilets, faucets

and showerheads);

(2) dishwashers and/or clothes washers, and;

(3) landscaping.

Builders are only required to off er dishwashers,

clothes washers and landscaping if those items are

installed or fi nanced by the builder or are sold by the

builder as upgrades. Many builders typically don’t install

or sell dishwashers and clothes washers, so the new law

will not require those builders to make an off er of those

appliances. Even for builders who do off er dishwashers

and/or clothes washers, the law requires only that the

builder off er a model that is qualifi ed pursuant to the

Federal Environmental Protection Agency’s Energy Star

program.

Many builders do, however, install landscaping

(in order to ensure a more attractive community) and

will be required to off er water effi cient landscaping.

The new law provides that the mandatory off er

applies to landscaping that “will be maintained by the

home owner,” which suggests that it does not apply to

landscaping that will be maintained by a homeowner’s

association.

The new law is very specifi c about technical

details of the options to be off ered. Toilets that are

off ered must use no more than 1.28 gallons per fl ush.

Lavatory faucets may not use more than 1.5 gallons

per minute and showerheads may not use more than 2

gallons per minute. The details for landscaping that is

off ered are extensive and require compliance with best

management practices contained in the publication

Green Industry Best Management Practices (BMP) for

the Conservation and Protection of Water Resources in

Colorado, 3rd Edition and appendix (or later edition).

The law describes 10 specifi c best practices, but applies

the listed practices only to front yard landscaping. It

is unclear if the drafters of the law intended not to

apply these best practices to rear yard landscaping or

simply assumed that builders rarely provide rear yard

landscaping.

Builders will still be able to select the contractors

(e.g., plumbing contractors) that install any water-

smart options selected by the home buyer. Equally

important, builders will be able to treat water-smart

upgrades the same as other upgrades, including

charges for the upgrades and application of the builder’s

requirements for advance deposits and deadlines for

selection of upgrades.

What should builders do to comply with the

new law? While the law does not contain any record

keeping requirements, builders are advised to make the

required off er to home buyers in writing, in a form that

is signed by the home buyer acknowledging that he/

she has received the required off er. Some builders will

choose to document the off er in a separate addendum

to the builder’s standard sales contract, while others

will incorporate the off er into the provisions of their

standard contract. Either way, builders should retain

these records.

Builders will also have to determine when to

Bruce L. Likoff , Esq.Holme Roberts & Owen LLP

Denver, Colorado On January 1, 2011, a new

Colorado lawgoes into eff ectthat requires

builders to off er home buyers

water effi ciency options.”

20

make the off er. The new law provides fl exibility in

that regard by allowing the builder to make the off er

“in accordance with the builder’s construction schedule

for the residence.” In order to avoid the risk of delays

in construction that might be caused by an indecisive

buyer, many builders will make the off er at the time

the sales contract is presented to the buyer. The law

does not require that builders give buyers a minimum

time period to consider their decision. As part of their

marketing eff orts to buyers, builders will have to decide

how much emphasis, if any, to place on the availability

of water-smart options. Some builders, particularly

custom builders, may see the new law as a positive

marketing opportunity. The law does not require any

reporting to the state, nor is any state agency given

power to monitor compliance with the law.

What are the potential pitfalls for builders? The new

law does not contain any penalties for failure to make

the required off er. However, it is possible that home

buyers and their attorneys will bring lawsuits if builders

fail to make the required off ers. Buyers suff ering from

buyer’s remorse are likely to claim that the failure of the

builder to make the required off er entitles the buyer

to rescind the sales contract. Buyers might also claim

damages from the builder, perhaps asserting that the

market value of home is lower or that the water bills are

higher than would be the case if water-smart devices

had been installed.

What should a home buyer do? To avoid costly

litigation, home buyers can make sure they are off ered

these options before signing a contract with their

builder. Find out if your builder is a professional member

of their local building organization and if they have

been taking continuing education classes. Professional

builders are more likely to be familiar with current laws.

Builders may also get into trouble if they make

representations about water effi ciency devices

installed in the home. For example, a marketing

brochure that claims “50% reduction in water bills”

is an open invitation to a lawsuit. Even more general

representations, such as “water-smart home,” may be a

problem. Builders should include specifi c disclaimers in

their sales contracts regarding any water-smart options

selected by the buyer. A professional builder will point

their potential clients to resources to familiarize

themselves with various alternatives.

Builders will want to be sure that their plumbing

suppliers are ready to supply water-smart devices. The

same holds true for appliance installers, if they are

employed. For builders that install or off er landscaping,

close coordination with the builder’s preferred

landscape designers and installers will be essential.

Builders will also need to work with their attorneys to

revise their sales documents and make sure they have

included appropriate disclaimers concerning water

effi ciency devices. As with solar options, builders

will fi nd themselves on the front lines of educating

consumers about water effi ciency devices.

Editor’s Note: Contact the local Home Builder

Association chapter in your area to locate builders who

subscribe to the professional standards of the National

Association of Home Builders.

…a marketing brochure that claims ‘50% reduction in water bills’ is an open invitation to a lawsuit.”

21

T he short answer to the above question is

“yes, “ although the world of lending has

changed. The primary source of funds in

the past, portfolio lenders and the mort-

gage-backed securities market, has been rocked by the

deterioration of credit quality and declines in collateral

value, resulting in corresponding underwriting changes

and a reduction in demand for these products.

Banks are required to reserve capital for actual

and potential loan losses, diverting funds that might

otherwise be available for lending. Some regulators,

concerned with averting additional bank failures, have

structured very aggressive guidance for the downgrade

of loan risk ratings to banks within their jurisdiction.

Though, clearly, not all regulatory agencies have been

aligned with respect to the guidance provided, which

has resulted in diff erences among banks in how matur-

ing loans are restructured or if and/or how new loans

are made.

In all cases, however, it’s reasonable to expect loan

underwriting and credit terms to be more stringent

for the foreseeable future than it has been in the past.

Likely changes in future deals may include enhanced

sponsorship with greater investment by the borrower

(more “skin” in the game); stronger, more sustainable

cash fl ow from the subject credit or from an indepen-

dent source (less speculation); higher levels of liquidity,

broader banking relationships, and greater scrutiny of

the collateral, to name a few.

For well capitalized banks, the ability to lend on

commercial transactions continues to exist and banks

will be compelled to seek out lending opportunities in

order to achieve desired earnings. Where these deals

come from and how they are structured in the brave

new world, however, is likely to be diff erent going for-

ward than what borrower’s may have become accus-

tomed to in the heydays of yesteryear.

ABOUT THE AUTHOR: Joe Carpenter is a 30-year+

veteran of fi nancial services marketing and management.

Vice President with American National Bank in Rifl e and

Mountain to Mesa HBA board member, Joe specializes in

commercial banking.

Joe CarpenterAmerican National Bank

Special Assets Group

Commercial/Construction LendingIs There Money Available?

For well capitalized banks, the ability

to lend on commercial transactions continues

to exist and banks will be compelled

to seek out lending opportunities in order to achieve

desired earnings.”

22

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Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. © 2010 Wells Fargo Bank, N.A. All rights reserved. AS447279 11/10-2/11

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23

The National Association of Home Builders

Association (NAHB) voted unanimously

to support a resolution sponsored by the

Colorado Association of Home Builders

(CAHB) regarding the Property Assessed Clean Energy

(PACE) programs. The vote, taken at its Board of

Directors meeting in New York City in the fall of 2010,

took root from meetings between local offi cials in

Aspen and Vail, the leadership of Mountain to Mesa

Home Builders Association (M2M) and State Senator

Gail Schwartz after the Federal Housing Finance Agency

(FHFA) issued a statement challenging the viability

of the PACE programs. PACE programs are designed to

bring fi nancing tools to homeowners, encourage energy

retrofi ts, and would create jobs for a largely displaced

builder workforce.

BACKGROUNDEarlier in 2010, Eagle County (home to Vail Ski

Resort), Pitkin County (home to Aspen Skiing Company)

and Gunnison County (Crested Butte Ski Area) joined

together with the support of M2M and Eagle Valley

Home Builders Association to establish Energy Smart

Local Improvement Districts (LID) following Boulder

County’s earlier lead. LIDs were established to provide

a voluntary mechanism for residential property owners

to obtain fi nancing for energy effi ciency and renewable

energy improvements. Property owners receiving

fi nancing through the program were set to take

responsibility to repay the loans via a special property

tax assessment on the improved property. Garnering the

support of M2M and CAHB, who generally are cautious

about increased property taxes, is signifi cant and was

based on the fact that the program is voluntary with

no fi nancial impact on non-participants and is likely to

create jobs for its members.

PACE advocates, including M2M, were alarmed

when Fannie Mae and Freddie Mac alerted their seller-

servicers on May 5, 2010, raising concerns about the

lien priority of PACE initiated loans which they argued

compromised their Uniform Security Instrument. FHFA,

in a July 6, 2010 statement, affi rmed their concern

putting the PACE programs in doubt, yet FHFA left the

door open recognizing that PACE programs “represent

serous eff orts to reduce energy consumption.”

Later in July, 2010, the Board of Directors of M2M

directed the organization’s representatives on the

CAHB Board of Directors — including M2M President

David Fiore, Konnie Krahn-Prosence, and John Savage

— to seek the support of CAHB to take their concern

beyond the state of Colorado. CAHB responded with a

unanimous show of support at its 2010 summer Board

meeting putting forth a request for its NAHB Board

Director and Colorado Representative, Skip Howes,

to pursue a resolution by the NAHB Board of Directors

seeking policy on the matter to allow NAHB to lobby

Washington offi cials in support of the PACE programs.

Fiore and Howes walked a resolution in support of

PACE through more than eight NAHB committees at the

New York meeting and secured unanimous support at all

levels, including the full NAHB Board of Directors. Fiore

also serves on the NAHB Board. The resolution resolved

that NAHB work with Congress, fi nancial regulatory

agencies, including FHFA, state and local governments

to resolve the perceived impediments to implement

PACE programs.

“The NAHB resolution gets our industry to the table

to resolve confl icts raised by Fannie Mae and Freddie

Mac,” Fiore said. “The PACE program is a job creation bill

and that is important to our members.”

State Sen. Schwartz, one of the sponsors of the PACE

bill in Colorado, issued a statement saying “I’m grateful

the NAHB has shown such strong support of the PACE

program. We have proven that

Colorado is a national leader in

clean energy. I am pleased to

have had such strong partners

in promoting innovative

solutions for homeowners,

which will also create jobs for

Coloradans and bring down

energy cost.”

Tom Stevens, Chairman

of the Governmental Aff airs

Committee for M2M stated that

“Membership in local HBA is

the grass roots step to making

a diff erence in local, state, and

federal matters confronting our

industry in the ever-changing

marketplace.” NAHB has been

serving its members in the housing industry and the

public at large since 1942, and now has more than

235,000 member companies with 10 million employees.

M2M continued the dialogue at the 2010 greenThink

Symposium at the Aspen Institute’s Aspen Meadows

Resort. The symposium brings local, state, and national

industry experts and leaders together each year to tackle

issues such as the PACE program. Randell Johnson,

AIA, Chairman of greenThink and M2M President-

Elect stated, “Discussions at greenThink allows for a

thoughtful shift in the business-government paradigm

bringing forward innovative solutions for the future in

building and development.” Johnson is Vice President

of the Neenan Company headquartered in Fort Collins,

Colo.

HOW PACE CAN HELP YOUThis issue of Mountain Builder discusses the economic

climate facing the building and housing industry. PACE is

a mechanism that brings fi nancing directly to property

owners based on the strength of each local market

rather than through traditional forms of fi nancing. It is

a welcome tool in light of the stressed fi nancial market

which has made it harder and harder for homeowners,

builders and developers to tap credit markets.

As reported in Mountain Builder 2010, Volume 1,

Energy Effi ciency (EE) upgrades such as replacement

of ineffi cient windows, increased insulation, replacing

heating and cooling systems, sealing air leaks, and

other EE measures are all eligible for PACE funding.

Renewable Energy (RE) improvements could include

solar photovoltaic, solar thermal or other RE type

improvements.

As Dylan Hoff man (Pitkin County Energy Program

David FiorePresident, Western Peak, Inc.

Local HBAs Secure State And NationalSupport For Job-Creating Energy Smart Loans

Colorado Representative Skip Howes, NAHB Chairman Bob Jones, and M2M HBA

President, David Fiore at the NAHB Board of Directors meetings in New York City.

24

PACE programs were designed to bring fi nancing tools to homeowners, encourage energy retrofi ts, and would create jobs for a largely displaced builder workforce.”

Senator Gail Schwartz looks on as Governor Ritter signs the PACE Bill.

Manager), Yuri Kostic (Environmental Sustainability Coordinator for Eagle County), and

Adam Palmer (an Environmental Policy Planner for Eagle County) all noted: Normally when

you sell a property, the debt runs with ‘you’

and you have to pay off that debt at the time

of sale. With PACE loans you need not pay

off the obligation when the home is sold. The

obligation can, but doesn’t have to be, assumed

by the new owner. This type of fl exibility allows

for more costly RE improvements to be paid for

over time reducing the annual cost and allowing

homeowners to achieve an immediate savings

to the home energy bills.

Take the two examples discussed at length

in this issue of Mountain Builder: (1) Colorado’s

new law mandating builders to off er Water

Effi ciency Options may have an alternative

means of funding improvements such as

water effi cient bathroom fi xtures, dishwashers

and cloth dryers, and landscaping; and (2)

homeowners who would like to take advantage

of solar photovoltaic but may not be situated to

take advantage of the sun or their HOA precludes

such improvements can use PACE funds to join a community owned solar fi eld as off ered by

Clean Energy Collective. The capital outlay that may otherwise discourage some buyers of EE/

RE improvements can be overcome with PACE program type funding.

THE IMPERATIVE OF COOPERATIONThe competing partisan interest of the Republicans and Democrats is sometimes daunting

considering the fi nancial pain many Americans are experiencing. It is refreshing to see bills like

PACE merging environmental policy and our nation’s economic policy. Encourage your elected

representatives’ to reach across the aisle for this policy, it truly is an easy step and everyone wins!

ABOUT THE AUTHOR: David R. Fiore is the founder of Western Peak, Inc., an Aspen based

professional service, investment, and real estate development company. David holds his JD from

the University College of Law, BS from Southern IL University, Loyola University College of Law

International Studies (Moscow, Russia; Budapest, Hungary). He is a former elected offi cial in the

Chicago Metropolitan area. David is a commercial pilot with instrument and multi-engine ratings

and is a Certifi ed Member of the American Association of Airport Executives. He is President of

M2M HBA; Director, CAHB, and Director on the National Association Home Builders BOD.

25

Two of the buzz words sensationalized by

the local and national media in the current

economic climate are “foreclosure” and

“short sales.” Unfortunately, it is a reality

for many people nationwide. Although every market

is unique, diff ering from state to state and county to

county, nationally there have been more than 300,000

foreclosures fi led per month over the past 12 months. If

you fall into this category, continue reading, as there are

a number of options available to you. On the fl ip side, it

is a tremendous buyers-market!

For the purpose of this article, I will focus on pre-

foreclosures or short sales. A short sale is when the

proceeds from the sale of a property are not suffi cient

to pay the lien holder in full; i.e., the lien holder agrees

to accept a payoff that is less than the amount owed

for the loan. This diff erence (amount not paid to the

lender) is called the

defi ciency. Colorado

is a recourse state

and the lender has

the right to collect

this defi ciency even

after a foreclosure.

What are the

advantages of short sales? From the lien holders

perspective: It saves many costs associated with the

foreclosure process; the property is taken off of their

books sooner; the return on their investment is greater

compared to the bank foreclosing on the property and

marketing it for sale. From the seller’s perspective: A

short sale helps them avoid foreclosure and potential

bankruptcy; is a better alternative for future credit;

off ers a possible waiver of the defi ciency; and the lender

may pay most or all closing costs. The worst thing that

a homeowner can do is nothing. From the Realtor’s

perspective, short sales help to preserve home values for

neighborhoods, assist sellers to move on with their lives,

and assist buyers in fi nding a home for a favorable price.

What are the potential concerns of a short sale? The

process can be lengthy and contain uncertainty that

the amount off ered to purchase the property will be

approved by the lien holder. There are also potential

tax consequences for a waiver of the defi ciency, as the

lender may fi le an IRS form 1099, and in turn, the seller

must claim this on their taxes.

The Federal Government has initiated numerous

Konnie Krahn-ProsenceBusiness Development Offi cer

Stewart Title – Glenwood Springs

Th e New World of Short Sales

Th e Federal government hasinitiated numerous programs aimed

at assisting the homeowner who is suff ering a fi nancial hardship.”

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programs aimed at assisting the homeowner who

is suff ering a fi nancial hardship. Two such programs

include: Home Aff ordable Modifi cation Program

(HAMP) and Home Aff ordable Foreclosure Alternatives

(HAFA), both of these programs are in eff ect until

December 31, 2012.

HAMP is designed to modify the terms of the loan so

the homeowner can remain in the home and make their

mortgage payments. The HAMP eligibility requirements

include:

• The homeowner occupies the home as

their primary residence;

• The fi rst mortgage is in foreclosure;

• Payments are delinquent or default on

the loan is imminent;

• The loan closed before January 1, 2009;

• The loan amount is $729,750 or less

(for single unit). It is important to note

not all lenders participate with HAMP.

HAFA was put in to place to streamline the short

sale process, and is an option for homeowners who are

eligible for HAMP but are unable to keep their homes.

The HAFA program allows homeowners to receive a

pre-approved sales price for the property; protects real

estate commissions up to 6 percent, and requires the

lender to release the homeowner from future liability

of the debt. There is a cash incentives for the seller, who

receives $3,000 for relocation assistance. The process

can begin before loan payments are delinquent, and

once enacted it automatically delays the foreclosure

process for up to one year. Uniform reporting to credit

agencies is a requirement. It is important to note not all

lenders participate or loan types qualify for HAFA and

that junior lien holders are not required to agree to the

HAFA terms.

Sound complicated? It is a tedious process at best.

The keys to a successful short sale:

1. Using a competent Realtor: A Realtor will guide

you through the process of listing and selling your

property. The Realtor’s commission is paid as an

expense of sale by the lender.

2. Convincing the Lender of the fair market value of

your property: The lender must be convinced that

it will be receiving the current value of a property’s

collateral without the additional time and expense

of the foreclosure process. A Realtor is a good choice

for establishing the fair market value.

3. Convincing the Lender of your fi nancial hardship:

The property owner must establish that he/she

has little or no cash fl ow or assets and that a long

term fi nancial hardship exists. They must complete

a fi nancial statement supported by income tax

returns, pay stubs and bank statements.

4. Negotiating with Junior Lien Holders: Junior lien

holders must be convinced to voluntarily release all

or most of their lien on the property to allow the

short sale to be completed.

5. Convincing the Lender to approve the sale:

The lender(s) must agree that the proceeds of

the short sale are as much or more than will

be realized through the foreclosure process. A

Realtor will obtain the written approval from the

lender, including any cancellation of debt. Note:

cancelled debt may be taxable, however, taxes

may be eliminated if you are insolvent or meet the

requirements of the Mortgage Debt Cancellation

Relief Act.

It is highly recommended that homeowners consult

experts knowledgeable in the fi eld, for example: a

real estate attorney to know the legal ramifi cations

of the many options available the homeowner (do I

proceed with a short sale, a foreclosure, deed-in-lieu of

foreclosure, bankruptcy?); and an accountant to learn of

the tax consequences; a Realtor to assist in selling your

home. And know that Stewart Title has a team of Short

Sale Specialists who work with your Realtor to gain

approval from your lender.

For the buyers, a short sale presents a signifi cant

buying opportunity for patient, fl exible buyers that can

navigate the uncertainties of the process.

ABOUT THE AUTHOR: Konnie Krahn-Prosence graduated from the University of Oklahoma with a Bachelor of Science degree. She has resided in the Roaring Fork Valley for the past 24 years. She began working for Stewart Title in 2006; specializing for the past year in the distressed real estate market of short sales.

Konnie is Secretary/Treasurer of the Board of Directors of Mountain to Mesa Home Builders Association and is a Director on the Colorado Association of Home Builders Board of Directors.

For the buyers,a short sale presents a signifi cant

buying opportunity for patient, fl exible buyers that can

navigate theuncertainties of

the process.”

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27

28

There is a sleeping giant in the residential

construction industry and that giant is

a very old and traditional piece of the

building trade. The giant is remodeling

and renovation. Many may ask why I and others call it

a giant. As long as homes have been built, remodeling

has existed, but it has only existed as a true professional

industry for the past 20 years or so.

The trade of professional remodeling is growing

rapidly. In 2000, revenue produced by new housing

construction out-paced revenue produced via

remodeling by a 2 to 1 margin. By 2005, that margin

was closer to 60/40 percent. In 2010, the Joint Center for

Housing Economics at Harvard University reports that

“This year, remodeling will outspend new residential

construction of all kinds by a 70/30 margin.”

Even if new construction makes dramatic comebacks

in the next couple of years, residential construction

revenue is expected to be split 50/50 between new

construction versus home remodels. All this makes sense

if you consider the diffi culty and cost in developing

new land, issues such as water, and fact that America’s

housing stock—even out here in the newer west—is

getting older every year. If you think about it, fi xing up

an existing home makes a lot of sense.

If you are a remodeler, a builder who is performing

remodels, or if you are a consumer thinking about

remodeling your home, there are many things to

consider before taking on a remodel.

CONSIDER THE FOLLOWING:If you are a contractor who performs remodeling or

are thinking of becoming one, you need to understand

that remodeling is very diff erent than new construction

in many ways. The challenges of working in a customer’s

home while they are living in it and adhering to a

schedule is one of the most important pieces of a

remodel. Homeowners want and need to know when

you will be done. Surveys show that the biggest

complaint about remodelers is not getting done and out

of their lives when promised. There are many reasons for

that, but most of the time it can be related to a lack of

planning and lack of really knowing what it takes to tear

something apart to the correct level, tie it back together

effi ciently and end up with a product that is as nice as

anything new, or even better. You can’t price a remodel

the same as new construction; the risk is diff erent and

the factors to consider are huge.

If you are a homeowner thinking about making

a change in your home, you need to consider some

important things. Just because a contractor is great

at building new homes does not mean they are

automatically equipped to perform a successful

remodel. You need to make sure they are experienced

at working around people in their homes, and that they

will treat your home like it is their own. They need to

A Remodeler Has Diff erent Skills Th an A Builder Choosing The Right One Is Key

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Continued on Page 30

29

plan and organize to ensure things stay on schedule

and move smoothly from start to fi nish.

Someone once told me that it was impossible to

schedule a completion date because it was a remodel.

My comment was, “Tell a home owner you don’t know

when you’ll fi nish their kitchen, when they can use their

bathroom or when you’ll dry in their roof and you have

big problems.”

So, how does a contractor desiring to be a

“professional remodeler” get there or how does a

homeowner know they are working with a professional

remodeler? Homeowners should go to the professional

trade association at a local, state or national level;

and contractors should join your local Home Builders

Association, if they are not already members.

By working with members of a professional trade

association, homeowners can seek professionals who

take advantage of the many educational and training

opportunities that teach state-of-the-art remodeling

methods and nuances. Such training helps train builders

to be responsive to the needs of the homeowner so that

they are professionally equipped to off er the necessary

services to successfully transform a home into a

customer’s dream.

In Aspen and Vail respectively, Mountain to Mesa

Home Builders Association and Eagle Valley HBA are

both extended chapters of the Colorado Association

of Home Builders and National Association of Home

Builders (NAHB). Local, state and the national chapters

all off er many opportunities for professional education,

but one sure mark of excellence a homeowner can count

on is by checking to see if your builder is a member of

the NAHB Remodelers Council. A builder/remodeler can

be a member at large if their local HBA does not have a

Remodelers Council, or belong to a local council which is

affi liated with the NAHB remodeler program (NAHBR).

NAHBR off ers training and education to attain the

“Certifi ed Graduate Remodeler” certifi cation, a result of

taking many courses teaching the needed tools not only

to perform successful remodeling but also to provide

cost eff ective remodeling for the client while making a

reasonable and respectable profi t. Other opportunities

too numerous to list here exist as well.

How does a Homeowner/Consumer know whether

they are actually getting a “professional remodeler” to

alter their home without risking their investment to

un-needed issues? Certainly, you need to make sure

the contractor is licensed, carries insurance to protect

you and your home and has suffi cient experience

and systems to perform the work. The easiest way is

to contact your local Home Builders Association and

Remodelers Council. Members pledge to understand

the real profession, abide by standards and ethics to

be in business for the long term, thus being able to

not only get your project completed, but to provide the

project after-service as well. NAHBR membership is a

sign that a builder is committed to the housing industry

for the long term and truly care about your home and

community and are required to be licensed and insured.

Remodeling is a rapidly growing industry.

Manufacturers have taken note as more and more

consumers decide it is better to stay in their homes,

neighborhoods and schools rather than to uproot

their families and move. Many who are moving due

to job or life changes are purchasing an existing

home and remodeling it to be “their home” choosing

neighborhoods with character, stability, and other life

style choices.

Just because a contractor is great at building new homes does not mean they are automatically equipped to perform a successful remodel.”

Pe r s o n a l S e r v i c e w i t h P r o fe s s i o n a l S t y l e

[email protected] AVO N , C O LO R AD O

970-904-1959

CUSTOM HOMES CONSTRUCTION MANAGEMENT PROPERTY MANAGEMENTTENANT FINISHES REMODELS ADDITIONS INSURANCE RESTORATION GENERAL MAINTENANCE

30

construction

By way of introduction, let me explain my back-

ground. I have spent the length of my legal carrier, span-

ning 12 years now, litigating construction defect claims,

almost exclusively on behalf of developers, general

contractors, and other construction professionals. Dur-

ing this time, I have seen a few “bad apples” among the

building community, to deny that any exist would be in-

credulous. That said, most of the individuals and compa-

nies I have represented have tried to do the right thing,

want to stand behind their homes, and fi nd themselves

involved in litigation despite their best eff orts to avoid it.

THE SETUPMost of the construction defect litigation occurring

in Colorado involves homeowners associations (HOA) as

the claimants. Most of these cases begin in the follow-

ing way: The individual homeowners express a concern

to the HOA board regarding problems they are noticing

in the community or there are discussions among the

owners regarding what has happened in nearby com-

munities or in other communities developed by the

same builder.

The property management company then calls

the plaintiff s’ construction defect attorneys to visit the

community, typically with their forensic experts. These

experts investigate the community and develop a long

list of “construction defects.”

Armed with this list, the plaintiff s’ attorneys explain

to the board members that they have a fi duciary obliga-

tion to the HOA to investigate and repair any construc-

tion defects and that if they do not, the board members

may breach their fi duciary obligations to the HOA and,

therefore, be individually liable for any and all repair

costs.

The attorneys further explain that the board mem-

bers can discharge their fi duciary obligations by hiring

the fi rm, which will represent the association on a con-

tingency fee basis, fronting all of the investigation costs.

The contingency fee agreement is usually for 33.3 to 40

percent of the gross recovery, with the reimbursement

of expenses coming out of the HOA’s take. While HOAs

could previously take care of all needed repairs under

this scenario, this may no longer be the case.

HISTORICAL CONTEXTPrior to 2003, a claimant in a construction defect

suit that prevailed on its claim for breach of the Colorado

Consumer Protection Act was entitled to treble dam-

ages, plus attorneys’ fees. Going back to the 1990’s and

early 2000’s, HOA’s would cover the attorneys’ fees, ex-

pert fees, and litigation costs through an award of treble

damages and prejudgment interest. In a hypothetical

example, assume that a jury awarded an HOA

David M. McLain, Esq.Holme Roberts & Owen LLP

Construction Defects Lawsuits Are AvoidableHomeowners and Builders Can Take Mutual Steps to Avoid Costly Litigation

32

Continued on Page 34

33

34

$1 million as the necessary cost of repairing con-

struction defects in a community. In such a case, the

judge would treble that award to $3 million and would

also award attorneys’ fees against the builder. Addition-

ally, prior to 2008, homeowners and HOAs typically re-

ceived an award for prejudgment interest in the amount

of 8% per year, compounded annually on the cost of

repair. This ran from the date of closing through the date

the claimant fi led its statutory notice of claim, which

precedes the initiation of a lawsuit by 75 days.

In light of these potential damage awards, hom-

eowners associations were typically able to force very

lucrative settlements without the need to go to trial.

In the above hypothetical, the HOA would typically de-

mand $1.5 million, plus litigation and expert costs, to

settle the case. The builder, knowing that the ultimate

award against it may be 2-3 times higher, most of which

would not be covered by insurance (as CGL policies do

not cover CCPA awards), would then settle the case. This

settlement amount would be suffi cient to cover the

litigation costs and the contingency fee for the plaintiff s’

attorneys, leaving the HOA with $1 million to fi x the $1

million worth of defects.

In 2003, the Colorado legislature capped damages

under the CCPA to $250,000, inclusive of attorneys’ fees.

In 2008, the Colorado Supreme Court ruled that prejudg-

ment interest was no longer recoverable in cases where

the claimant is seeking the cost of future repairs. For

builders now, there is very little incentive to settle cases

for anything more than a reasonable cost of repair, plus

some amount for the HOAs litigation costs. The problem

with this in the typical scenario is that the HOA cannot

aff ord to settle for this amount, and still have enough

to pay of its attorneys, experts, litigation costs, and the

actual repairs needed.

If the same hypothetical case were today, the best

the HOA could hope for would be the $1 million cost of

repair, $250,000 under the CCPA, and litigation costs.

After paying for the litigation costs, experts’ fees, and at-

torneys’ fees, the HOA would be left with less than the $1

million necessary to fi x the $1 million in defects. Clearly,

this shortfall grows exponentially as the size of the re-

pair cost increases. Assuming that the cost of repair is

$10 million, the net take for the HOA would be approxi-

mately 55-60% of the amount needed to make repairs.

The problem for the HOA that does not have enough

money to make repairs is that they must either perform

a special assessment to make up the diff erence, or they

must choose to not make certain repairs. If the decision

is to not make certain repairs, the individual owners

within the community will have to disclose that fact

when they sell their homes, potentially decreasing the

value of the home.

OPTIONS UNDER TODAY’S LAWIn short, litigation should be the absolute last resort.

I strongly encourage homeowners and homeowners as-

sociations that believe their home or community suff ers

from construction defects to call their builders. Obvi-

ously, the HOA will have to engage in an extraordinary

amount of due diligence to work through this situation

to ensure that a builder properly investigates and repairs

and problems. This can be done without hiring a plain-

tiff s’ construction defect attorney on a contingency fee.

I have seen situations in which an HOA has called me or

one of my clients and said: “If the builder hires a specifi c

engineer to investigate, design, and oversee the repairs,

we will not hire an attorney.” Builders, given this choice

and assuming that the engineer selected is reputable,

may very well go along with the proposal. The HOA

would probably also want to engage an attorney famil-

iar with Colorado law to ensure that it does not lose any

rights to sue the builder, up to, and through the point

when all needed repairs are properly completed.

I have seen very few builders during my career that

are unwilling to make it right. If you live in a home or in

a community where the builder is not willing to make it

right and refuses to stand behind its homes, there may

be no choice but to engage a plaintiff s’ construction de-

fect attorney to represent you. Given the diffi culty of the

situation presented above, however, this should abso-

lutely be your last choice. If you do have to go down this

road, I would take the time to have a candid conversation

with the plaintiff s’ attorney regarding his or her strategy

for dealing with the problems set forth in this article.

ABOUT THE AUTHOR: David M. McLain is a founding

member of Higgins, Hopkins, McLain & Roswell, LLC, a

fi rm which specializes in construction defect and general

civil litigation throughout Colorado. Mr. McLain received

his undergraduate degree from Colorado State Univer-

sity, graduating cum laude, and his law degree from the

University of Denver, College of Law. Mr. McLain is an AV®

Preeminent™ Peer Review Rated attorney by Martindale-

Hubbell and is a regular speaker at seminars regarding

construction defect litigation in Colorado. Mr. McLain can

be reached by telephone at (303) 987-9813 or by e-mail

at [email protected].

Your Builder for Life

In short, litigation should be the absolute last resort. I strongly

encourage homeowners and homeowners associations that

believe their home or community suff ers from construction defects to

call their builders.”

June17, 18, 192011 C A L L 9 7 0 - 3 2 8 - 2 2 0 5 O R S E E M 2 M H B A . O R GF O R D E TA I L S

ASPEN / SNOWMASS 2011

FIRST ANNUAL

AND HOME & GARDEN SHOW