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December 2014 e Official Publication of the Home Builders Association of Northern Kentucky e Advocacy, Political Action, Education, Communication, Networking, Event, and Membership NORTHERN KENTUCKY www.HomeBuildersNKY.com www.facebook.com/HBANKY N O R T H E R N K E N T U C K Y MEMBER
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Northern Kentucky Builder

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Page 1: Northern Kentucky Builder

December 2014

The Official Publication of the Home Builders Association of Northern Kentucky

The Advocacy, Political Action, Education, Communication,

Networking, Event, and Membership

NORTHERN KENTUCKY

www.HomeBuildersNKY.com www.facebook.com/HBANKY

N O R T H E R N K E N T U C K YMEMBER

Page 2: Northern Kentucky Builder
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INSIDE THIS EDITION...

4 ....... Letter from Brian Miller, Exec. Vice President

and 2014 Year in Review

8 ..............................2015 Millenium Club Sign Up

9 ...........................................Membership Update

12 ..................................... Keeneland Trip Returns

14 ............. The LDC Leads the Industry in Advocacy

17 ................................. November Mix and Mingle

23 .................................... October Mix and Mingle

26 ................... Northern Kentucky Building Permits

27 ........................................... Calendar of Events

December 2014

The Home Builders Association of Northern Kentucky is open to the world, visit our web site for up-to-date information on HBA services and programs, including extensive public referral directory to Registered Builders, Registered Remodelers and Associate Members.

www.HomeBuildersNKY.com

The mission of the Home Builders Association of Northern Kentucky is to promote and enhance the integrity and visibility of the construction industry and the members of the organization through advocacy, communication, education and political action.

The Northern Kentucky Home Product and Service Buyers’ Guide is a special edition of the Northern KY Builder. Northern Kentucky Builder™ is an official publication of the Home Builders Association of Northern Kentucky, 2751 Circleport Drive, Erlanger, Kentucky 41018. It is published in the interest of the Northern Kentucky building industry and read by home builders, remodelers, general contractors, developers, engineers, bankers, Realtors,® architects, material dealers, subcontractors and manufacturers. All rights reserved. Copying or reproduction without the expressed permission of the Home Builders Association of Northern Kentucky is strictly prohibited.

phone 859.331.9500 or fax 859.578.3393email [email protected]

2014 Board of DirectorsJames Kegley, PresidentAdam Chaney, Immediate Past PresidentJason Yeager, Vice PresidentTom Spille, Secretary/TeasurerWalt Dunlevy, Associate PresidentArt Fischesser, Associate Vice PresidentPaul Metzger, Land Development Council PresidentJennifer Hennessey, Sales & Marketing Council PresidentPhil Drees, Builder DirectorBill Cullen, Builder DirectorSteve Brunson, Associate DirectorBeth Aderholt-Grindley, Associate DirectorBrian C. Jones, Associate DirectorPatrick Townsend, Associate Director

HBA StaffBrian A. Miller, Executive Vice PresidentJanis Beard, Membership DirectorMelanie Meyer, Director of Shows & Events, Sales & MarketingShawn Cox, Director of Professional DevelopmentDan Smith, Director of Finance Holly Woodring, Administrative Coordinator

N O R T H E R N K E N T U C K YMEMBER

Take advantage of your 22% discount today. Registering to become an NPP member is free and easy.

Here’s how to join: Go to www.mynpp.com

Click “Join now” from the navigation bar.

Select “Construction”, “Residential” and “HBA-Participating

Chapters” from the appropriate dropdown menus.

Complete the registration form.

* Eligibility requirements may apply. Discount is available on

calling plans of $34.99 or higher. Qualifying companies must derive

substantial revenue from construction labor. To learn more, join now

at www.mynpp.com.

3 12/2014 Northern Kentucky BUILDER

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2014 was a year of new beginnings and strengthening programs at the HBA. Outstanding new endeavors have been taken on in advocacy services, political action, education, communications and connecting you with your customer. Here is a brief list of our accomplishments for 2014:

Advocacy ServicesThe State & Local Government Committee, chaired by Associate President Walt Dunlevy of Forge Lumber met with several elected officials in 2014 including Senator McConnell, Senator Paul,

Congressman Massie, State Representative Joe Fischer, State Senator and Lieutenant Governor Candidate Chris McDaniel, Gubernatorial Candidate and Agriculture Commissioner James Comer, Gubernatorial Candidate Hal Heiner, Campbell County Commissioner and Judge Executive Candidate Ken Rechtin, Ft. Wright Mayor and County Commissioner Elect Joe Nienaber, Senate Candidate Matt Bevin, State Representative and Licensing and Occupations Committee Chairman Dennis Keene, State Senator Elect Wil Schroder, Kenton County Commissioner and Judge Executive Elect Kris Knochelmann, and Northern Kentucky United Representative Joe Meyer.

The highlight of the year was a trip to Frankfort for the 2014 General Assembly. Upon the request of members of your local HBA this was the first year that a statewide “Day at the Capital” was held where members from all of the local associations met in Frankfort to lobby on your behalf. The Land Development Council was active on several fronts. Read page 14 for a recap of this year’s outstanding achievement at the LDC. The Building & Housing Codes Committee reviewed some issues regarding interpretation of the new building code and was able to get a better statewide interpretation on a number of issues.

The HBA has begun a dialogue with commercial builder/developers. Right now we are focused on working a core of three issues. There will be more to come in the future as we launch networking events to connect our commercial construction partners with their customers.

Political ActionMembers of the Political Housing Club of Northern Kentucky met with and/or reviewed candidates in twenty one races in Northern Kentucky for statewide or local office. The members of the PAC went to bat, fundraising for the cause to support those that support your industry. They set an all time record in fundraising ; bringing in $20,000 for the cause. The effort culminated in a fundraising evening at the HBA’s Building Center where the winners of the night (Brian Jones, CK Ash Insurance, Board Members and Past Associate President; Adam Chaney, Terrace Holdings, Immediate Past President and Jason Lett, Wissmann Brothers and Associate Past President) all donated their prizes back to the PHC to reach the $20,000 milestone. As a result the members of the PHC are heading into 2015 with a balance that will allow them to support candidates that support our industry in a bigger way moving forward.

A LOOK BACK AT 2014

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Education2014 was an exciting year in education. The Enzweiler Apprentice Training Program hit an all-time enrollment record at 212 students. Several news stories have featured the school’s success this year. We launched a new Masonry program for the 2014-2015 school year. Also, we graduated 68 students in April. For the first time the program worked with another association outside of our jurisdiction to setup a franchise of the program. As a result the HBA of Lexington in partnership with your HBA opened two new programs, carpentry and HVAC, to full classrooms. This success is being used to continue conversations with half a dozen other HBA’s in Kentucky and other states to franchise the program nationwide.

Our Sales & Marketing Council, led by Jennifer Hennessy of Northwest Title, set the pace for success in 2014 with two brand new outstanding sales seminars. Tapping into your Emotional Altitude by Ryan Taft of the Jeff Shore Group, and Live Bold by none other Jeff Shore himself were outstanding opportunities for our local real estate sales professionals to sharpen their skills.

CommunicationA picture says a thousand words. To that end the HBA has increased the quality and recognition of our members in the Northern Kentucky Builder magazine and through our use of social media by photographing many of our business to business events, classes, advocacy efforts and consumer shows. As a result our website at homebuildersnky.com has doubled in five years. As a service to our consumer show builders we now photograph each home and feature those photographs in online galleries in the show sections of our website. A mobile site was launched and improved in 2014 and we will launch a stand-alone mobile app in the Apple App Store and Google Android store soon.

September 2014

The Official Publication of the Home Builders Association of Northern Kentucky

NORTHERN KENTUCKY

www.HomeBuildersNKY.com www.facebook.com/HBANKY

Take a look inside at one of the HBA’s Signature Events - Preview Night -

a HBA member event celebrating all the partners that come together

to make Homefest amazing!

N O R T H E R N K E N T U C K YMEMBER

All the Homefest 2014 fun starts on page 16!

5 12/2014 Northern Kentucky BUILDER

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Sincerely,

Brian A. Miller, Executive Vice PresidentHome Builders Association of Northern Kentucky

Connecting You with Your CustomerIn 2014 the Associate Committee, led by Associate President Walt Dunlevy of Forge Lumber, worked to add a new cadre of business to business events in order to connect you with your customer. Early in the year Associates attended a meeting where HBA President James Kegley, The B.O.L.D Company and Phil Westerfield, Fischer Homes answered questions from those on hand how to best approach their companies, what they look for in new products, and how associates go about as successful suppliers and vendors to builders. Another like session is scheduled this month. In the summer the Associates held a Barbeque Throwdown/Hoedown where 12 teams competed to see who’s meat earned the seat. Roy Piercefield won the event as over 300 fellow HBA members made new business connections, met old friends and enjoyed a bluegrass concert by The Kentucky Bluebelles. On top of that a group of dozens of HBA members headed to Keeneland to enjoy a day at the races for the fall meet.

Once again the Sales & Marketing Council did it again by thinking of new ways to involve sales professionals by carrying out a strategic plan for involving new people. Members of the Council hand delivered invitations to REALTOR’s that were close to hitting sales figures worthy of an award and to broker/managers of local REALTOR offices. As a result the membership of the SMC grew by 15% and participation in their annual awards went way up. They are holding an SMC event at Barleycorn’s Five Mile House and will again repeat their successful “Awards Preview Party” growing their ranks that much more. Not to rest the SMC held two additional Mix & Mingles where HBA members can network at member’s place of business and enjoy refreshments complimentary of the host company.

2014 was a year of new beginnings. These outstanding achievements join our already healthy programs of consumer shows, business to business events, classes, apprenticeship training, advocacy services and political action that the HBA has enjoyed for decades. We would like to thank our members who make this all happen, which there are far too many here to list. You know who you are and we can not put into words the gratitude we have for you service and commitment to our fine organization. You make us that much better.

If there is anything you would like to see the Home Builder’s Association of Northern Kentucky do in 2015 please contact us and please have a Merry Christmas and Happy New Year.

6 Northern Kentucky BUILDER 12/2014

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www.wyler.com

BoB wheeler, commercial SaleS [email protected]. 859-525-8001 / c. 513-728-91741154 Burlington pike, florence, ky 41042

www.jeffwylerflorenceBuickgmc.com

for your commercial needS call uS firSt

Page 8: Northern Kentucky Builder

2015 MILLENNIUM CLUB

SIGN UP

The Millennium Club is an elite group of companies whose contribution assist in defraying the cost of refreshments and entertainment at events like the Annual Golf Outing, Tabletop Night, Inaugural Dinner/Holiday Party and Elk Creek Outing. The Club’s generous contribution helps keep the cost down for members to attend these events. Your contribution of $250 is strictly reserved for this purpose and will not be used for any other reason!

Sign-ups for 2015 begin now! Simply call the HBA, (859) 331-9500, to join. The MILLENNIUM CLUB is an economical way to promote your company throughout the year! For only $250, you receive:

• Monthly recognition in the Northern Kentucky Builder Magazine• Prominent signage at the HBA office• Signage at all events and, in particular, the ever-popular Golf Outing and Tabletop Night

____ Yes, sign me up as a 2014 Millennium Club Member (For your convenience, we will bill your HBANKY account.)

Company Name: _______________________________________________________________________

Authorized By: _________________________________________________________________________

2 WAYS TO JOIN:

1. E-mail your request to: [email protected]

2. Mail a copy of this page to:Home Builders Association of NKY2751 Circleport DriveErlanger, KY 41018

N O R T H E R N K E N T U C K YMEMBER

8 Northern Kentucky BUILDER 12/2014

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N O R T H E R N K E N T U C K Y N O R T H E R N K E N T U C K Y N O R T H E R N K E N T U C K Y MEMBERSHIP UPDATES

MISSING IN ACTION

NEW MEMBER ORIENTATION

NEW MEMBER ORIENTATION

If you do business with any of the missing members, please encourage them to get back in the action at the HBA!

New Member Orientation is not only for the new members who are recruited throughout the year, but also for members who have never attended a New Member Orientation. If you have a new representative, encourage them to attend one of these orientations. The next Orientation will be announced soon.

Roger Toennis, Honorary Lifetime Member; Lindsey Schneeberg, Helmsman Homes; Wen Gartman, Gartman Insurance, Chris Johnstone, Regions Mortgage.

Joe Walter, Forcht Bank; Brooke Weinel, Weinel Construction, LLC; Dale Hodge, Janell, Inc. and Brian Jones, C.K. Ash Insurance.

Burlington Realty & DevelopmentParker Lawn CareVison Home Enterprises

CHRIS JOHNSTONE, REGIONS MORTGAGEPosition: VP-Production ManagerCommunity I live in: Loveland, Ohio My favorite thing to do when I’m not working is: Water SkiingMy reason for belonging to the HBA: To give back, be involved, network.Something unique about my company is: Offer many portfolio loan options that never went away after the market meltdown in 2008. We have not restricted lending to consumers.

BROOKE WEINEL, WEINEL CONSTRUCTION, LLCPosition: OwnerCommunity I live in: Pendleton CountyMy favorite thing to do when I’m not working is: GardeningMy reason for belonging to the HBA: Networking

DALE HODGE, JANELL, INC.Position: Branch Manger (Erlanger Store)Community I live in: Erlanger, KentuckyMy favorite thing to do when I’m not working is: Camping and riding motorcycleMy reason for belonging to the HBA: NetworkingSomething unique about my company is: We have supplied builders in NKY for past 34 years with concrete accessories.

WELCOME BACK MEMBER PROFILES

We are truly happy to have your support and membership! The following companies are once again members of HBANKY.

Mc Elfresh Painting

9 12/2014 Northern Kentucky BUILDER

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Reis Concrete Products, Inc.Ready Mix • Concrete Septic Tanks

9522 Alexandria PikeAlexandria, KY859-635-4157

Email: [email protected] • Fax: 859-635-REIS

Rt. 2 269 AA US 27Falmouth, KY859-654-6400

N O R T H E R N K E N T U C K YMEMBER

All-Rite Ready MixArlinghaus Builders, LLC

Ash Insurance, C.K.Barnes, Dennig & Co. Ltd

Bray Trucking, Inc.Cutter Construction, Inc.

Drees CompanyDudley Construction Co. Inc.

Ernst ConcreteFischer Homes

Florida Tile, Inc.Grant Co. /Gallatin Co. Concrete

Kelly Bros. LumberKentucky Federal Savings & Loan

Kentucky FluidAir, Inc.L & N Federal Credit Union

Logan Lavelle Hunt Insurance AgencyM & W Excavation Co., Inc.

Steve Powell, Realty Executive Select.Sims-Lohman Fine Kitchens & Granite

Thelen Associates, Inc.Tri-City Insurance Service, Inc.VonLehman & Company, Inc.

Wiseway Supply

The Millennium Club is an elite group of companies whose contributions pay for the refreshments and entertainment at

events like the Annual Golf Outing, Tabletop Night, Elk Creek Outing and the Holiday Party.

2014 MILLENNIUM

CLUB

THE FUTURE IN BUILDING

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Here’s how to join:

Go to www.mynpp.com

Click “Join now” from the navigation bar.

Select “Construction”, “Residential” and “HBA-Participating

Chapters” from the appropriate dropdown menus.

Complete the registration form.

* Eligibility requirements apply. Qualifying companies must derive

substantial revenue from construction labor.

10 Northern Kentucky BUILDER 12/2014

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The Associates Committee brought back the Keeneland Trip. Many of the attendees remembered this event from years past and were truly happy to see it return. Walt Dunlevy created a Kentucky Trivia game to play on the ride down. Brad Dolwick, Forge Lumber,

came away with a nice bottle of Bourbon for knowing about Kentucky. All the losers of the day turned their loosing racing tickets in for a drawing. Congratulations to Lesley Rahschulte, Wells Fargo and Phil Drees, Terrace Holdings , who came away a winners of a Keeneland sweatshirt.

Thank you to our bus sponsor, L & N Federal Credit Union and our beverage sponsor, Ferguson Kitchen & Bath. Congratulations to Adam Chaney, Terrace Holdings, who won the Split the Pot on the bus trip. Adam was a winner before he even bet the horses! Thank You to Walt Dunlevy, Associate President and his committee for putting this fun trip together!

KEENELAND TRIP RETURNS … FUN TIMES!

L & N Federal Credit Union Group

Bus Sponsor - Tony Raley and Laquinita Strickland, L & N Federal Credit Union, along with Melanie

Meyer, HBA Director of Shows & Events.

Forge Lumber Group

Adam Chaney, Terrace Holdings, winner of the Split the Pot!

Beverage Sponsor, Ferguson Kitchen & Bath & Melanie Meyer, HBA Director of Shows & Events.

L-R: Phil Drees, Terrace Holdings, Cindy Hahn, Coldwell Banker; Mike Corken,

Wen Gartman, Gartman Insurance.

12 Northern Kentucky BUILDER 12/2014

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ALL-RITE READY MIX

“Where Quality and Service Save You Time and Money”

Florence, Kentucky139 Aristocrat Dr.

(859) 371-3314

Aurora, Indiana10513 Morgans Branch Rd.

(812) 926-0920

Wilder, Kentucky108 Williams Way

(859) 572-9951

Harrison, Ohio7466 New Haven Rd.

(513) 738-1933

Port Union, Ohio5259 Rialto Road

(513) 860-5111

N O R T H E R N K E N T U C K YMEMBER

The Equestrian at Triple Crown Country Club

Community, Richwood, Kentucky

Saint Legers at Triple Crown Country Club

Community, Richwood, Kentucky

Manhattan Harbour, on the river in Dayton, Kentucky

GET READY FOR SITESFOR THE 2015 HOMEFEST

CONTACT MELANIE MEYER TO REQUEST MORE INFORMATION

Your Peace of Mind Deserves a Professional

For more info on why you should only use a member of the Home Builders Association of Northern Kentucky

when it is time for a decision about your home call 859.331.9500 or visit www.homebuildersnky.com.

NORTHERN KENTUCKYMEMBER

13 12/2014 Northern Kentucky BUILDER

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COMMITTEE

The LDC, led by their President Paul Metzger, achieved several victories in 2014 and continues to work through

long term issues going into the coming year. John Toebben, Toebben Builders, led the efforts in Boone County. They wrapped up their zoning regulations and achieved greater flexibility in the code. For instance now it is a conditional use for attached multifamily to be proposed in some commercial zones; a thought never before introduced that makes the entire process that much easier.

The Kenton County Planning Commission and Kenton County Planning and Development Services (formerly NKAPC) were busy in 2014. The final throws of a five year process to rewrite their Subdivision Regulations were in the forefront all year. Joe Kramer, LDC Past President, Cardinal Engineering spent all year meeting with an Engineer’s Committee to come to a conclusion on a redesign road specification. The original draft of the regulations would have cost an estimated $3,600+ for every new homebuyer. Years of effort steered the course for the conversation and now we are likely to end up with a better road for Kenton County at a fraction of the original cost. LDC’s Subcommittee co-chaired by Mike Riegler of Riegler Blacktop and Matt Coppage of Coppage construction also engaged the agencies throughout the culmination of the new Kenton County Comprehensive Plan. This document sets the tone for land use in the entire County and members of the LDC were engaged early on to ensure that preamble language regarding private property rights and economics were adopted to help guide the elements of the plan throughout the year. As a result the LDC believes we have a much more business and development friendly plan than was originally proposed.

Michelle Bollman, Viox & Viox, headed up the Environmental Subcommittee and supplied comment on the Environmental Protection Agencies proposed Waters of the US rulemaking. Currently that proposed rule has gone through congressional hearings. We are waiting to see the

fate of the proposal after the November election realities take hold in Washington DC. We met with the US Fish and Wildlife Service Frankfort office regarding Endangered Species Act realities of the Indiana Bat and the cost and construction delays the regulation is causing.

Bob Schroder, Past HBA President, took charge of the Subcommittee that works with water districts to adopt a new developers agreement that is more business friendly than what was originally proposed. As a result a like agreement has been drafted for developers at SD1.

Mike Willenbrink, Bayer Becker Engineering, led the efforts in working with recently appointed Campbell County Planning Director Cindy Minter. Ms. Minter has been a breath of fresh air to Campbell County and has created a better environment for developers. Now more flag lots can be built in the county and a better working relationship with the agency is being forged with Willenbrink’s direction.

Without a doubt the group’s largest effort concerns Sanitation District 1. The Subcommittee co-chaired by Ron Difuria, Dudley Construction and Mike Schoettelkotte, The Drees Company, have met with SD1 nearly a dozen times in 2014. Easement language and a developer agreement are items that they have accomplished. The group was successful in getting a 10% release of taps for new phases of developments; allowing a builder to get a model home and speculative homes started far earlier than prior to this arrangement. Members of the group including John Toebben, Toebben Builders, Mike Schoettelkotte, The Drees Company and Brian Miller, HBA Executive Vice President were appointed to the Boone County Fiscal Court’s Hebron Area Sewer Study Committee. This committee was formed by the Fiscal Court to attempt to find a solution to the problems plaguing

sewer expansion in Hebron. By working on this committee the group was able to work with SD1 to identify not only the growth issues in Bone County but throughout SD1’s service area. They found that in order to facilitate growth SD1 is reporting that it will take an additional $331 million over the next 35 years. Talks are ongoing as members of the group look for solutions.

The annual schedule of LDC events included two roundtables; where every county construction related agency is invited to come and discuss issues facing the development community and to hear from each other about what is happening in their respective agencies. The group meets with SD1 at the HBA once a year to hear a general update as to the happenings at the stormwater and sewer agency. Scott Smith, Smith Management Group and former Deputy Director of the State’s Environment Cabinet presented the future of stormwater regulations for the group. The Judges Executive of the counties presented what is happening in their counties. The Northern Kentucky Legislative Caucus is scheduled to meet with the development community at the HBA Building Center on Wednesday, December 17th.

This outstanding group of individuals involved with the Land Development Council devotes countless hours working on regulations and agency policies in Northern Kentucky. As a result our homes are more affordable and our region that more business friendly. Without there effort we would build less homes, sell less flooring and write less mortgages. They stand as the sentries on the front lines of our industry. 29% of the cost of a home is due to regulations. 60% of that amount is as a result of land use regulations. Without the tireless efforts of these men and women involved in the LDC Northern Kentucky would be a very different place.

The LDC Leads the Industry in Advocacy Services in 2014

l-r front; Paul Metzger, 2013-2014 LDC President, Mike Schoettelkotte, The Drees Company; Mike Riegler, Riegler Blacktop; Michelle Bollman, Viox & Viox; Ron Difuria, Dudley Construction; l-r back; Mike Willenbrink, Bayer Becker; John Toebben, 2013-2014 LDC Vice President, Toebben Builders; Matt Coppage, Coppage Construction; Andy Casto, Thelen Associates; Bob Schroder, Arlinghaus Builders.

14 Northern Kentucky BUILDER 12/2014

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3168 CRESCENT AVENUE, ERLANGER, KY 41018 • www.RJINSULATIoN.Com

Page 16: Northern Kentucky Builder

Insight Beyond the Numbers

Building A Strong Community

At Barnes Dennig , we understand that having a strong foundation is critical to building a bright future - on construction sites and our com-munity.

We go beyond the numbers of tax and accounting to understand the elements our clients are facing to help them achieve financial suc-cess.

With over 20% of our practice in the construction industry, we strive to provide exceptional client service by investing in education and training for both our staff and for local contractors.

Visit www.BarnesDennig.com to: Register for an upcoming seminar Keep up-to-date on our construction blog Request a copy of our most recent benchmarking report

www.BarnesDennig.com

C

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Y

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NKY HBA Ad.ai 1 10/24/2013 11:15:02 AM

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The Sales & Marketing Council November Member Mix & Mingle was held by our gracious host Florida Tile. All in attendance had a good time checking out Florida Tiles’ amazing showroom and networking with other business associates. A big thank you to our host for the evening!

Florida Tile Host the November Member Mix & Mingle

MEMBER EVENTS

Florida Tiles Sales Team with Brian Schalk

Brandy Roberts, Florida Tile

Paul, James & Jennifer Kegley, B.O.L.D. Homes

Robert Nally, SMC Vice President, Coldwell Banker West Shell and Gail Koenig, Wiseway Supply.

Jennifer Hennessay, Northwest Title and Donna

Berling, Huff Realty.

Jonathan Cody White provided us with great music

for the evening!

Diana DeVore, Guardian Savings Bank and Alluring Glass sales team.

17 12/2014 Northern Kentucky BUILDER

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Almost all business in the construction industry is governed by contracts. This is a good thing. Contracts allow the parties to allocate the risks of a

project among each other by agreement up front. Those risks often do not materialize into real problems. However, sometimes they do. This can

result in harm to a party (usually the owner). If that harm is caused by a breach of the contract, then one or more of the parties will be responsible for “damages.” Damages are simply the money that is ordered to be paid to a person as compensation for loss or injury. This article points out one way that you can limit your damages through careful contracting.

The measure of damages for breach of a construction contract is typically either: (1) the cost to repair or remedy the breach, or (2) the loss in value to the property, whichever is less. Consider this example: A builder contracts to build an apartment complex, including installation of utilities. That builder defectively installs a water main pipe with cracks that leak. The standard measure of damages would be the cost to repair the pipe or the loss in value to the property due to the leaking pipe. Let’s assume that the cost to repair the pipe is $25,000 and that this is less than the loss in value. In that case, $25,000 would be the damages. Pretty straightforward.

In addition to these general damages, another sort can arise under some circumstances called “consequential damages.” Consequential damages are losses to the injured party that flow indirectly from the breach

of contract. Using the example above, let’s assume that the apartment complex owner did not discover the leaking pipe for six years. As a result, the owner paid an extra $100,000 in water and sanitation bills. The consequential damages would be $100,000. An injured party can recover such consequential damages, if those damages were foreseeable by the parties. Because extra water and sanitation bills would be a foreseeable result of defectively installing a water main pipe, those damages would be recoverable in a lawsuit -- in addition to the $25,000 cost of repair.

The above example (taken from a real case) shows the importance of considering potential consequential damages -- and more importantly -- addressing them on the front end in a contract. Under many circumstances, you are able to limit, or even disclaim completely, the ability of another party to recover consequential damages. In the example above, the contractor could have reduced his damages by 80% from $125,000 to $25,000 by some careful contracting on the front end.

If you would like to know more about these issues, please contact Ryan McLane, a Northern Kentucky associate in the Construction, Medical Malpractice, Administrative Law, and Civil Litigation Practice Groups at Dressman Benzinger LaVelle psc. Ryan can be reached at (859) 426-2143 or via email at [email protected].

CAREFUL CONTRACTING: AVOIDING THE DANGER OF CONSEQUENTIAL DAMAGES Written by Ryan McLane

Put your membership to work now.Money-saving discounts that benefit your business, your employees, and your family

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19 12/2014 Northern Kentucky BUILDER

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Many Home Builders Association members are already saving time and money through the NPP program.

To access the discount pricing, register with NPP. Signing up is easy.

HOW TO REGISTER

Go to www.mynpp.com. Click “Join Now”.

Select “Construction” from the dropdown menu.

Select “Residential” from the Category dropdown menu.

Select “HBPP” from the Association dropdown menu.

Complete the registration form.

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Variable discounts on phones Verizon Eligibility Requirements: Each Member must be a construction company, heavy highway, concrete, remodeling company or other trade craftsman (e.g.: a subcontractor such as an electician or plumber whose primary trade is within the construction industry).

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Since 2007 many HBA Chapters have partnered with NPP to offer members discount pricing on several products and services. NPP negotiates the rates, and makes them available to HBA members throughout the country.

This program is entirely free, and there is no obligation to purchase. To access the savings, register with NPP at www.mynpp.com. Included among the discounts available to participating HBA Chapter members:

EXCLUSIVE PRICING FOR HBA MEMBERS

For more information about the program, feel free to contact NPP:

800.810.3909 [email protected]

20 Northern Kentucky BUILDER 12/2014

Page 21: Northern Kentucky Builder

“Your supermarket for concrete

accessories and masonry equipment”™

Thank you contractors, building owners and greater community for the opportunity to serve you.

Service, service and more service. That is the Janell mantra.

Cincinnati6130 Cornell Rd.Cincinnati, OH 45242P: (513) 489-9111

Dayton800 East 1st St.Dayton, OH 45402P: (937) 866-9111

Erlanger2930 Crescent Springs Rd.Erlanger, KY 41018P: (859) 341-9111

Cincinnati4686 Paddock Rd.Cincinnati, OH 45229P: (513) 651-9111

Columbus831 Harmon Ave.Columbus, OH 43223P: (614) 224-9111

Lexington970 New Circle Rd.Lexington, KY 40511P: (859) 254-9111

www.janell.com

Buy The Best

“ConcretelyYours™”

Concrete formsConcrete chutesSilt fencingMortar MixersConcrete BuggiesFormwork drafting services

Cures & SealersChemicalsGroutsHand ToolsPower ToolsPourform plywood

PolyfilmConcrete blanketsStakesWall tiesSafety gearExpansion joint

CaulksDecorative Concrete SuppliesDecorative Concrete StampsMasonry Supplies

Page 22: Northern Kentucky Builder

Can’t Find Qualified, Skilled and Trustworthy Employees? Tired of Craigslist and Monster? The answer is right under your nose!

The Enzweiler Apprentice Training and Trade School has graduates and current students who want to help your business compete and grow!

As the oldest trade school in continual operation in Kentucky, The Enzweiler Apprentice Training and Trade school has graduated thousands of individuals who now help shape the economy of Northern Kentucky. With a 95% job placement rate and more than 75% job re-tention after apprenticeship, our graduates are an outstanding addition to any company, large or small! Call today to find skilled labor to help your business grow and prosper!

Contact the HBA, Director of Professional Development

(859) 331-9500 x19 N O R T H E R N K E N T U C K YMEMBER

Page 23: Northern Kentucky Builder

Guests enjoyed a lovely evening around the outdoor fireplace at the Fischer Homes model “The Keller” located in Triple Crown during the October Member Mix & Mingle. Good food and great company made for a great networking opportunity!

Fischer Homes at Triple Crown Host October Member Mix & Mingle

MEMBER EVENTS

Dave Barnes, Laure Roberts , Kellie Bailey, Fischer Homes sales representatives.

: Jessica Hite, Laure Roberts, Kellie Bailey, Rocky Centro, and Diane Wojcik, Fischer Homes.

Pat Parshall, SMC Past President; Jerry Moser, Honorary HBA Lifetime Member; Deborah Starosciak, Dornbusch Insurance Agency.

Diane Wojcik, Fischer Homes; Tony and Donna Berling, Triple Crown Developers, LLC.

23 12/2014 Northern Kentucky BUILDER

Page 24: Northern Kentucky Builder
Page 25: Northern Kentucky Builder

WE FOCUS ON THE INSURANCE AND FINANCIAL NEEDS OF YOUR

BUILDING INDUSTRYLLH has been providing insurance and financial services to Kentucky’s building industry for over 50 years. Today, with all the challenges your business faces, it’s a good time to talk with us to create a plan that will put your company’s insurance, benefits and

wealth management programs in order.

www.LLHins.com

toll free (888) 499-6880 find us on

Endorsed By

25 12/2014 Northern Kentucky BUILDER

Page 26: Northern Kentucky Builder

OCT. ‘14 SINGLE FAMILY # MODULAR

HOMES # MULTI FAMILY # CONDOS # COMMERCIAL # COMMERCIAL

REMODELING # RESIDENTIAL REMODELING

BOONE 33 $5,512,018.00 3 $1,238,160.00 4 $15,224,700.00 32 $10,209,781.00 60 $33,029,769.00

CAMPBELL 18 $3,249,743.00 1 $100,000.00 1 $40,000.00 6 $575,581.00 21 $204,733.99

KENTON 25 $4,675,765.00 1 $200,000.00 1 $200,000.00 23 $1,477,476.00 27 $671,965.00

GRANT

CARROLLTON

GALLATIN

MASON

OWEN

TOTAL 76 13437526 1 100000 1 200000 4 1278160 5 15424700 61 12262838 108 33906467.99

OCT. ‘13 SINGLE FAMILY # MODULAR

HOMES # MULTI FAMILY # CONDOS # COMMERCIAL # COMMERCIAL

REMODELING # RESIDENTIAL REMODELING

BOONE 33 $5,466,916 22 $1,260,000 30 $3,525,238 71 $1,032,364

CAMPBELL 2 $192,000

KENTON 18 $4,304,922 1 $54,188.66 1 $6,000,000 23 $861,934 23 $535,794

GRANT 2 $256,000 3 $115,000 1 $3,000,000 2 $69,000

CARROLLTON

GALLATIN

MASON

OWEN

TOTAL 53 10027838 3 115000 0 0 23 1314188.66 2 9000000 53 4387172 98 1829158

JAN-OCT '14 610 $103,789,996 2 $130,000 40 $9,607,509 41 $7,945,880 38 $84,484,785 572 $116,328,034 999 $51,745,479

JAN-OCT '13 634 $108,760,249 9 $563,000 108 $154,413,273 59 $6,518,096 39 $66,892,979 530 $102,964,163 1055 $38,639,947

NORTHERN KENTUCKY BUILDING PERMITS

(859) 371-7006 • www.tciky.com

26 Northern Kentucky BUILDER 12/2014

Page 27: Northern Kentucky Builder

OCT. ‘14 SINGLE FAMILY # MODULAR

HOMES # MULTI FAMILY # CONDOS # COMMERCIAL # COMMERCIAL

REMODELING # RESIDENTIAL REMODELING

BOONE 33 $5,512,018.00 3 $1,238,160.00 4 $15,224,700.00 32 $10,209,781.00 60 $33,029,769.00

CAMPBELL 18 $3,249,743.00 1 $100,000.00 1 $40,000.00 6 $575,581.00 21 $204,733.99

KENTON 25 $4,675,765.00 1 $200,000.00 1 $200,000.00 23 $1,477,476.00 27 $671,965.00

GRANT

CARROLLTON

GALLATIN

MASON

OWEN

TOTAL 76 13437526 1 100000 1 200000 4 1278160 5 15424700 61 12262838 108 33906467.99

OCT. ‘13 SINGLE FAMILY # MODULAR

HOMES # MULTI FAMILY # CONDOS # COMMERCIAL # COMMERCIAL

REMODELING # RESIDENTIAL REMODELING

BOONE 33 $5,466,916 22 $1,260,000 30 $3,525,238 71 $1,032,364

CAMPBELL 2 $192,000

KENTON 18 $4,304,922 1 $54,188.66 1 $6,000,000 23 $861,934 23 $535,794

GRANT 2 $256,000 3 $115,000 1 $3,000,000 2 $69,000

CARROLLTON

GALLATIN

MASON

OWEN

TOTAL 53 10027838 3 115000 0 0 23 1314188.66 2 9000000 53 4387172 98 1829158

JAN-OCT '14 610 $103,789,996 2 $130,000 40 $9,607,509 41 $7,945,880 38 $84,484,785 572 $116,328,034 999 $51,745,479

JAN-OCT '13 634 $108,760,249 9 $563,000 108 $154,413,273 59 $6,518,096 39 $66,892,979 530 $102,964,163 1055 $38,639,947

BUSINESS MEETINGS AT A GLANCE / CALL 331-9500 FOR RESERVATIONS OR TO CONFIRM DATES

sunday monday tuesday wednesday thursday friday saturday

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Remodelers Issues,12 pm, HBA

Inaugural Dinner & Holiday Party, 5:30-10 pm, Summit

Hills Country Club

Office ClosedChristmas Eve

AGC/SIF Workplace Safety Class, 10 am - 12 pm, HBA

Sales & Marketing Council Board Retreat, 11:30 am,

Location TBD

Membership/Retention/Ambassador Club

Office Closed at 12 pmNew Year’s Eve

SAM Preview Party, Drakes, 5:00 – 7:30 pm

Office ClosedChristmas

LDC Board of Governors, 11 am, HBA

LDC - Northern Kentucky Caucus, 12 - 1:30 pm, HBA

Executive Committee Meeting 1:30 - 3:30 pm, HBA

Membership/Retention Meeting, 11:30 am, HBA

AGC/SIF Workplace Safety Class, 10 am – Noon, HBA

Sales & Marketing Council, Noon, HBA

CPR/AED Training,2 - 5 pm, HBA

27 12/2014 Northern Kentucky BUILDER

Page 28: Northern Kentucky Builder

ADDRESS SERVICE REQUESTED2751 Circleport Drive

Erlanger, Kentucky 41018

PRSRT STD US POSTAGE

PAIDCINCINANTI OH PERMIT 5400

MINGLEFor sixty years, Florida Tile has been a benchmark in the industry. As an innovator, we have marked many accomplishments, from building the first floor tile plant in the USA to introducing the first digitally printed products with our HDP – High Definition Porcelain lines. Throughout our history Florida Tile has been a pioneer, but equally as important, we have been a benchmark for style. We recognize and celebrate that commitment by making a great product & creating what our customers continue to want and our competitors try to copy.

1325 Donaldson Road Suite 2B Erlanger, Kentucky 41018 (859) 282 • 5400

www.floridatile.com

Updating Your Sense of Tile

Erlanger Feb 2014.indd 1 1/23/14 11:37 AM

N O R T H E R N K E N T U C K YMEMBER