Nobody expects more from us than we do®

PLUMBING.

APPLIANCES.

LIGHTING.

CABINETRY.

COUNT ON US1,350 locations. All 50 states. 300 showrooms. 17,000 associates.

58 years in business.

At Ferguson, it’s true that our inventory is huge with thousands of your top items in stock

every day. And we fill your orders accurately and right away. But there is one thing we supply

that plumbing professionals have come to rely on again and again for over 58 years - our people.

Our associates make certain you can count on Ferguson - where friendly service, expertise,

and a willingness to go the extra mile are never in short supply.

FERGUSON.COM

© 2011 Ferguson Enterprises, Inc. All rights reserved.

Virginia Beach: 4712 Baxter Road (757) 490-2381

The mission of Tidewater Builders Association is to im-prove the climate for affordable housing; promote the growth and development of the shelter industry; pro-mote excellence and professionalism among mem-bers through education and networking opportunities; and support and enhance the community through charitable projects.

2011 OFFICERS: William H. Halprin, president; S.L. “Sam” Cohen, vice president; Scott M. Gandy, as-sociate vice president; Steven E. Lawson, treasurer; Dennis M. Graf, secretary; Eric Sasser, appointee; Lucky C. Peterson, appointee; and Pete A. Kota-rides, immediate past president.

2011 BUILDER DIRECTORS: Douglas C. Smith, Gary L. Werner, Scott L. Crumley, Chris Ettel, Erin Widener Speckhart, Lucky C. Peterson, Tuck Bowie and Stephen Quick.

2011 ASSOCIATE DIRECTORS: Joseph W. Kester-son, Kelly M. Beck, Robert L. Nicholson, Robert M. Boyd, Gregory Dodd, Thomas Dye, Brenda Reid and Edward O. Yoder.

DIRECTORS EMERITI: Edward P. Brogan, William J. Fanney, Richard D. Guy, Doyle E. Hull, Frederick J. Napolitano, Richard E. Olivieri, John H. Peterson Jr., Julian Rashkind, Stanley Waranch, Howard M. Weisberg, Wendell A. White.

CHIEF EXECUTIVE OFFICER: Channing A. Pfeiffer

Managing editor . . . . . . . . . . . . . . . Mary Prier, APR

Editor . . . . . . . . . . . . . . . . . . . . . . . . . . Sara Steil

Advertising sales . . . . . . . . Kim Powers, Tara Davis

Production coordinator . . . . . . . . . . . Stella Council

Adviser . . . . . . . . . . . . . . . . . . . . . Sandra Amidon

Graphic Artist . . . . . . . . . . . . . . . . . Diane Trumbull

Copyright: 2011; all rights reserved. No permission to reprint unless ex-pressly given by Tidewater Builders Association. The Tidewater Builder is published for all TBA member firms through the $15 subscription price, which is included in the annual membership fee. Opinions expressed by contributing columnist are not necessarily those of this publication.

The Tidewater Builder is published bi-monthly, January through December, by Tidewater Builders Association, lo-cated at 2117 Smith Ave., Chesapeake, VA 23320. Edito-rial deadline is 5 p.m. on the 1st of the month preceding publication. The advertising deadline for copy and insertation can be obtained by calling the Homearama/Home Shows and Special Project division at (757) 420-2434. All advertising is subject to current rates, copies of which can be obtained from the Homearama/Home Shows and Special Project di-vision, 420-2434. The magazine reserves the right to de-termine the suitability of any advertising or editorial copy, and all real estate advertising is subject to the Federal Fair Housing Act of 1968, which makes it illegal to advertise any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation or dis-crimination.

!er the Great Recession, our leaders in Washing-ton should realize the direct correlation between the health of the housing market and the rest of the economy. But no-ooo. Instead of trying to

bolster this sector, they’re actually considering initiatives that would make it more di"cult for millions of people to buy a home.

Speci#cally, proposals to eliminate or reduce the mort-gage interest deduction, remove government support for the housing #nance system and tighten lending requirements to the point where millions of credit-worthy buyers would be unable to qualify for a mortgage are being debated in the Ad-ministration and Congress.

And we’re not the only ones who are unhappy about this. A recent survey* commissioned by the National Association of Home Builders reveals an overwhelming majority of their constituents aren’t happy about it either.

The survey of 2,000 likely voters found that 73 percent — both owners and renters — believe the federal government should provide tax incentives to promote homeownership. $is support runs strong among all party a"liations, with 79 percent of Democrats, 71 percent of Republicans and 68 per-cent of Independents agreeing with this statement.

The polling revealed that more than seven out of 10 voters oppose proposals to eliminate the mortgage interest deduc-tion and 63 percent oppose e%orts to reduce it. By a more than two-to-one margin (57 percent to 26 percent), the American electorate said they would be less likely to vote for a candidate who supports eliminating the mortgage interest deduction.

A majority are also against eliminating the deduction for interest paid on home equity loans, ending the deduction for interest paid on a second home, limiting the deduction for those earning more than $250,000 per year or capping the de-duction for home owners with mortgages more than $500,000.

When told that eliminating the mortgage interest deduction would help ease the federal budget de#cit, 65 percent of voters opposed any proposal to abolish the housing tax provision.

Six federal agencies are proposing a national standard to re-quire a minimum 20 percent down payment, which would be opposed by households most likely to be a%ected — mortgage holders and renters ages 18 to 54. Among voters in these age groups, 59 percent of renters and 58 percent of those holding a mortgage oppose adding that obstacle to buying a home.

The polling data also shows:• 75 percent of voters say that owning a home is the best

long-term investment they can make. • 73 percent of voters who do not now own a home say that

it is a goal of theirs to eventually buy a home. • An even greater percentage of home owners — 95 percent

— say they are happy with their decision to own a home, and believe that owning their own home is important.

• An overwhelming 75 percent of the people who were polled said that owning a home is worth the risk of the &uctuations in the market and respondents added that saving for a down payment and closing costs is the biggest barrier to homeownership.When it comes to the public’s attitude toward housing,

voters are voicing strong opinions. $ey believe housing must remain an important part of the American Dream and they support policies to encourage the goal of homeownership and to keep housing a%ordable.

*!e survey of "oters was conducted May 3-9, 2011 by Public Opinion Strategies of Alexandria, Va., and Lake Research Partners of Washington, D.C. It has a margin of error of 2.19 percent.

William H. Halprin

erfect weather ushered in the cel-ebration of spring and shrimp that was the annual Tidewater Builders Association Board/Cornerstone

Foundation social at Steinhilbers in Virginia Beach.

The Cornerstone Foundation exceeded its 2011 goal by $10,000, bringing $135,000 in #nancial support, funds that go directly toward operations of the association and the advocacy it does for the industry.

Honorary Chair Fred Napolitano Sr. thanked the members for their support of the industry during di"cult times.

More than 100 guests enjoyed the food and fellowship at the May 11 event.

A list of 2011 Cornerstone Foundation members is published on page 3.

If your company is interested in being a part of the Cornerstone Foundation, please contact Sandra Amidon at 305-9045.

ounded in 1872, Winston-Salem, N.C.-based BB&T Corporation (NYSE: BBT) and its sub-sidiaries o%er full-service commercial and retail banking and additional #nancial services such as

insurance, investments, retail brokerage, corporate #nance, asset management and trust.

BB&T realizes its vision — “to create the best #nancial institution possible (to be the best of the best)” — by meet-ing its responsibilities to its clients, employees, shareholders and communities.

The company strives to help its clients achieve economic success and #nancial security; create a workplace where em-ployees can learn, grow and be ful#lled in their work; opti-mize long-term rewards to its shareholders; and support its home communities through employee assistance and chari-table giving. BB&T is committed to sharing knowledge that will help clients make the best decisions for their #nancial future.

“BB&T has remained strong, well capitalized and prof-itable at a time when others have been challenged. Our diversi#ed, stable business mix has proven resilient in all economic cycles,” said Bob Boyd, president, BB&T Hamp-ton Roads region.

BB&T operates approximately 1,800 #nancial centers in 12 states and Washington, D.C., has more than 30,000 em-ployees and $157 billion in assets making it one of the larg-est #nancial services holding companies in the U.S.

“With 67 branches in Hampton Roads, BB&T has a strong market presence and we have understood the value of a strong builder community, and have enjoyed our support of and engagement with Tidewater Builders Association.”

Since 1995, BB&T has completed the acquisition of more than 35 community banks and thri!s, 85 insurance agencies, and 32 non-bank #nancial services companies. $is acquisition strategy has contributed signi#cantly to BB&T’s success.

Another driving force behind BB&T’s success is its unique community banking structure. BB&T divides its footprint throughout the Southeast and mid-Atlantic into autonomous regions, each with its own president. $is structure, which distinguishes BB&T from other large #nancial holding companies, is designed to push decision-making authority out into the branches.

“Our community banking model allows BB&T to oper-ate on a more personal level with individual and business clients, providing them with the kind of attention they ex-

pect from a hometown bank,” said Boyd.A Fortune 500 company, BB&T is consistently recog-

nized for outstanding client satisfaction by J.D. Power and Associates, the U.S. Small Business Administration, Green-wich Associates and others.

BB&T’s success can be directly linked to its unique cul-ture and values system. A 30-page philosophy handbook outlines the company’s 10 core values, which include hon-esty, justice (fairness) and mutual support.

Other corporate tenants include a highly e%ective sales system with an emphasis on cross selling, a disciplined credit culture and an experienced management team. Also, BB&T encourages its employees to advance their education, have a strong sense of purpose and self-esteem, and to think clearly and logically.

“BB&T is a mission-driven organization with a clearly de#ned set of values,” said Mr. Boyd. “We believe that com-petitive advantage is largely in the minds of our employees as represented by their capacity to turn rational ideas into action towards the accomplishment of our mission.”

For more information, visit BBT.com.

“Our community banking model allows BB&T to operate on a more personal level with individual and business cli-ents, pro"iding them with the kind of attention they expect #om a hometown bank.”

t would be hard to #nd a company that depends on the success of the home building industry more than

Bonded Builders Warranty Group, a new-home warranty company that entered the lo-cal market in the fall of 2009.

Likewise, the local home building industry has a stake in the success of BBWG, which has a “partnership in performance” agreement with Tidewater Builders Associa-tion. Any time a TBA builder enrolls a home in the war-ranty program, TBA bene#ts from a revenue share.

“My background with home builders associations has taught me the importance of working within and giving back to the builders associa-tions that are so critical to our industry’s interests,” said Bonded Builders CEO Whit Ward.

About the companyBefore joining Bonded Builders in 2002, Ward spent 23

years leading builders associations in Tampa, Naples and Palm Beach County, Fla., as executive vice president/CEO.

He has held a Florida general contractor’s license for 30 years and served as vice president and secretary of Ward Properties, a multifamily-building company that built and owned more than 2,200 apartments in the Tampa Bay area.

Founded in 1989, Bonded Builders has TBA’s exclusive endorsement. It is approved to do business in all 50 states and has more than 6,500 builders enrolled. It has the #nan-cial stability to not only cover its obligations, but also to continue its growth strategy, which has resulted in an annual 10 percent increase in the number of new builders enrolled – even during the recent downturn.

In fall of 2009, the company turned its attention to Virginia, where more than 80 percent of those enrolled in TBA’s HW10 program made the transition to BBWG.

“We’re pleased with the reception that we’ve received and certainly the quality of builders coming out of that area,” said Ward from his home base in Port Charlotte, Fla.

The best at resolving disputes

The company claims the best dispute resolution system in the industry even while also claiming title to “the most builder-friendly new-home warranty com-pany,” a testament to Ward’s background and experience in the industry.

“If a builder can have a dis-pute with a homeowner and is able to settle it in such a manner that the homeowners would still recommend that builder to their friends and relatives, then we think we’ve done our job,” said Ward. “Our dispute resolution pro-cess is so thorough that we feel like we’ve lost even if we go to arbitration.”

Warranty optionsIn addition to standard warranties, the company o%ers

“performance” and “performance plus” coverage whereby it takes responsibility for actually performing year one and two warranty work. “$is allows the builder to eliminate the ex-pense of having service and warranty personnel,” said Ward. “Once that home is sold and closed, the builder walks away with no further obligation.”

“Performance plus is where we conduct a walk through at closing and we perform the service work as well as all of the warranty work for the builder.”

The company even has a new product that covers new homes taken back by banks or le! incomplete by the original builders. “Can you imagine the comfort level this gives to a home buyer who is buying a property that was distressed?” asked Ward.

Support for the industryLook for sales representative Joe Pushak at TBA func-

tions and thank him for his support of the industry. Better yet, give yourself and your buyers peace of mind by enrolling their homes in Bonded Builders Warranty Group. You’ll be supporting a company that supports the industry.

Contact Pushak at (800) 749-0381, ext. 3825, cell (703) 582-7727, or email jpushak@bondedbuilders.com

s a builder or remodeler, you want to make your client’s dream kitchen a reality, and one of the most important elements in kitchen design is cabinetry. With

so many choices available, it’s important to work with a company that is more than just a cabinet distributor, but one that is service oriented and available for consultation throughout the entire build-ing process.

Ferguson Kitchen, Bath & Lighting Gallery in Virginia Beach has an on-sta%, dedicat-ed cabinet designer and more than 15,000 square feet of showroom space. $e gallery features not only plumbing products — but also cabine-try, lighting, kitchen and bath #xtures, #replaces, appliances and much more.

“Our destination show-room has space dedicated speci#cally to cabinets,” said Valerie Barnes, showroom manager. “Customers can walk through 16 full kitchen vignettes to get an idea of the cabinet options available to them. $ey can view the various styles and #n-ishes and test the functionality.” $e showroom also features a beautiful 600-square-foot working kitchen and numerous other vignettes in “demo mode.”

Cabinetry is not new for Ferguson; they have o%ered an array of cabinetry, including indoor and outdoor kitchens, en-tertainment systems and bookcases for more than three years.

Need design inspiration?Ferguson has you covered. For contractors, all of the design

consultations are free, however, appointments are required. If you would rather not meet with a consultant, Ferguson

o%ers a design area that builders can use with their clients to acclimate them to the showroom.

“We encourage builders to come in, look around and get a feel for the showroom and the vast selection of products we o%er,” said Barnes.

Contractors enjoy working with Ferguson because they act as an extension of your business. $ey work with you to streamline the process for your client including design,

product selection and budget. Ferguson is at the forefront of the newest cabinet trends, latest styles and #nishes and most popular features.

What can you expect?Ferguson o%ers an array of

price lines through three levels of cabinetry: an introductory line, a semi-custom line and a full-custom line. Depending on the level of customization, clients can get their cabinets between three to 10 weeks. $e more customized a client goes, the more options and modi#ca-tions available.

“As soon as you get your &oor plans, you should start planning your cabinetry,” said cabinet designer Jennie Greene.

Greene has more than 10 years of experience working with kitchen design, so she un-derstands the unique challenges builders o!en face during a

remodel or build-out. Her specialized expertise allows her to consult with builders and homeowners to gain e"ciency in projects — she takes pride in ensuring her projects are done on time and within budget.

Ferguson’s goal is to provide builders with a one-stop shop. In addition to cabinets, they also o%er appliances and lighting from top manufacturers.

“People are busy and they don’t have time to drive all around town. So if they can make multiple product selections all at one place, and they are comfortable with whom they are working with, it will be a more e"cient project,” said Greene. “$e more you can include in your package, the better your pricing is going to be.”

Barnes added, “We favor a team approach — where a cabi-net installer can work directly with the appliance installer on site to review specs, etc., which will ultimately minimize mistakes.”

“$e whole experience is very service-oriented,” said Greene. “We will be your partner from blueprints to #nal in-stall, and won’t quit until both the builder and client are 100 percent happy.”

About KBM Founded in 1955 by Sterling Montgomery, KBM has grown

into a company of more than 100 employees. Purchased in 1989 by employees Bobby G. Johnson, Gandy and Onley, the company operated under KBM until selling in 2006 to Stock Building Supply. In 2009, Stock #led bankruptcy. So Gandy and Onley partnered with Carter Lumber and bought back the company. $e company operates from its Chesapeake and Newport News locations.

“We built our business on doing what we tell you we’re go-ing to do,” said Gandy. “$at’s why KBM continues to pride itself on o%ering the best service, the best price and the best quality all under one roof.”

n a time when the econ-omy remains uncertain, one thing holds true — you’ll get the same qual-

ity products and the same exceptional service from Kempsville Building Ma-terials. $at’s because the sales sta% has more than 200 years of combined ex-perience.

“Our employees train from the ground up,” said Scott Gandy, KBM president. “As they move through the company, they acquire more training.”

Gandy and Brenda On-ley, partners at KBM, also worked from the ground up. In 1973, Gandy, then 17, was hired to sweep &oors, while Onley, 22, joined as a computer operator.

Here are some of the people behind Gandy and Onley:

Need energy-e!cient lighting solutions?

Stop scratching your head and learn about the newest Energy Star prod-ucts available today. Jeanell Willis of Coastal Lighting will be introducing a representative from Lutron at the August Remodelers Council meeting on Wednesday, Aug. 10, at 4:30 p.m. in the TBA boardroom. $e meeting will focus on dimming and lighting solutions, with a Q & A period on the 2009 IBC’s de#nition of higher ef-#ciency.

This meeting is open to all TBA members. For more information, con-tact Maggie Rickard at 305-9053 or mrickard@tbaonline.org.

Mark your calendars!The next member breakfast forum

will be held at 7:30 a.m., "ursday, Aug. 18, in the TBA boardroom. $e forum is open to all members and in-cludes a light breakfast. A topic will be announced at a later date.

For more information or to reserve your space, please contact Stacey Turner at 305-9042 or sturner@tba-online.org.

Sign up now and save at OSHA seminar

Don’t get caught o% guard by OSHA. Instead, get educated at the 16th annual Virginia Occupational Safety and Health Conference Oct. 5-7 at the Renaissance Portsmouth Hotel and Waterside Conference Center, Portsmouth. Courses o%ered include: OSHA construction course 10-hour; OSHA general industry course 10-hour; protection program; mold and lead based paint regulatory update; safety protocol for Chinese drywall inspections.

Register through Aug. 5 and pay $255. Aug. 6- Sept. 23 and pay $275. A!er Sept. 23 it costs $300. For more information, visit www.tbaonline.org/events.php or contact Sharon Holmes at (804) 786-5873.

Largest commercial real estate lender in the U.S. with a strong local presence in Virginia

Virginia Beach

h.mac.weaver@wellsfargo.com

annamaria.johnson@wellsfargo.com

marshall.hall@wellsfargo.com

Consistent commercial real estate leadership

© 2011 Wells Fargo Bank, N.A. All rights reserved. MC-2602

wellsfargo.com/realestate

Richmond

l.charles.einwick@wellsfargo.com

hometalk

Soaring temperatures were not the only thing greeting visi-tors to Tidewater Builders Association’s second Spring Ho-mearama. Visitors were urged to let their imaginations soar so they too could feather their nest in style.

The showcase featured nine fully furnished and land-scaped custom homes in Eagle’s Nest in southern Virginia Beach with brick and brick-accent homes along with trails, ponds and 50 acres of conservation area.

When the 16-day event closed its doors, nearly 40,000 people had come to be inspired by the showcase homes. And they were, as all but two of the homes sold by the event’s end and several of the builders and vendors also took home leads for more work. From astronauts and reporters to tastings and a racecar, this show had something for everyone. Here’s a peek at some of the events.

Eagle’s NEST

SPRING

in the city of Virginia Beach

Spring Homearama

or those looking for a beach alternative this Memorial Day weekend, Spring Homearama proved a great option as its Preview Party kicked o% the holiday festivities. Gone were the

tuxedos, gourmet foods and 5 p.m. opening ceremony. Instead &ip-&ops, casual attire, barbecue and a 4 p.m. cer-emony marked the showcase’s opening.

The evening’s festivities got even hotter with the com-petition among the eight builders vying for the coveted Critics’ Choice awards. It was $e Walnut Cottage: $e Garden House by Stephen Alexander Homes LLC that caught the coveted Critics’ Choice Best Home in Show gold award. $e out-of-town judges were tasked with de-termining the winners. Congratulations to the winners on the following page.

Spring Homearama

Favorite Home:1. "e Cecilia: $e Virginia Beach House, by Ore Builders2. "e Walnut Cottage: $e Garden House by Stephen Alexander Homes3. "e Rockwell: $e ODU House, by Ainslie Group/Cohen HomesFavorite Interior Design:1. "e Cecilia: $e Virginia Beach House, by Ore Builders, interior design by Cathy Tellefsen of Complete Interiors, with furnishings by Esprit Decor. 2. "e Rockwell: $e ODU House, by Ainslie Group/Cohen Homes, interior design by Nancy Craig of Willis Wayside Furniture Co. and Debbie Ainslie with furnishings by Willis Wayside.

3. "e Walnut Cottage: $e Garden House by Stephen Alexander Homes, interior design was by Susan Cox of Godwin Interiors and Esprit Decor provided furnishings.Favorite Landscaping:1. "e Walnut Cottage: $e Garden House by Stephen Alexander Homes, landscaping was by Robert Nye of Renaissance Outdoor Contracting Inc.2. "e Cecilia: $e Virginia Beach House by Ore Builders, landscaping was by Robert Nye of Renaissance Outdoor Contracting Inc. 3. "e Celebration House by Jack Schoch of J.F. Schoch Building Corp., landscaping by Tom Underhill of Coastal Landscapes.

FAVORITE HOME

FAVORITE INTERIOR DESIGN

FAVORITE LANDSCAPING

MEET CODE THE BETTER WAY.SAVE UP TO $1,000 OR MORE PER HOUSE.

Stud-to-plateconnectors

Threaded rod systems

Metal straps

Blocking andfiller strips

Wall airinfiltration

THE OLD WAY: Nails and 4"!8" panels Wall air infiltration Blocking Filler strips Threaded rod systems Stud-to-plate connectors Excess waste Increased labor

THE WINDSTORM WAY: Nails and Windstorm panels

Meet Hurricane Code – watch the video at WindstormOSB.com to find out how.

Windstorm OSB wall sheathing meets all

high-wind codes (including IRC 2006) while

reducing or eliminating the need for extra

hardware, labor, waste and hassle. Some

standard sizes for 2-story and raised-floor

applications include 48" ! 109"⁄8",

121"⁄8", 124#", 1267⁄8", up to 145"⁄8".

Panels install vertically, in accordance with

your engineer’s prescribed nailing

schedule. This locks wall and floor plates

together to provide the continuous load

paths required to meet code. Since

Windstorm reduces labor, material, time

and waste, it’ll save you up to $1,000 per

house or more.

Aerogel: Dubbed “aero gel” builder Robert Letchworth

showcased the insulation in $e Space Exploration House. Aero gel is a material that has been used by astronauts to keep warm in subzero temperatures. It’s now being devel-oped as a home insulation product.

Remote screen: $is remote screen turns a

garage bay into a bug-free party hub at $e Cecilia.

Fireplace: Sus-pended #replaces returned in HD

Watson Builders’ $e Hartford and in Ore Builders $e Cecilia.

Curved stairway: $is curved stairway made for a grand entrance in HD Watson Builder’s $e Rutherford. $e stairway also tied for the Associ-ates’ Choice for Coolest Feature in the Critics’ Choice awards.

Faucet: $is faucet in $e ODU House may look out of place, but it’s a hit with visi-tors. $e faucet #lls up the master bathroom tub from the ceiling instead of tub side. It tied for the Associates’ Choice for “Coolest Feature” award.

Dual #ush toilet (and inset): $is dual &ush toilet in $e ODU House by Ainslie Group/Cohen Homes was the talk of

the town. $e toilet can handle solid and liquid waste di%erently by giving the user a choice of &ushes to conserve water.

Camera: $e Panasonic BB-HCM581A net-work camera sat quietly in the theater room in $e

Nathaniel Lee by ABT Custom Homes. However, this little plug-and-play camera is a watchful eye when you’re away from home — and no PC is required.

Fireplace: Outdoor liv-ing spaces

also highlighted several #replaces, including this standalone one at TCI Inc.’s house.

From hidden plumbing to energy-saving features, Spring Homearama builders scored big with visitors who noticed the hidden details. It’s the small touches that elevate a Ho-mearama home from an everyday dwelling. Once again, Tidewater Builders Association’s annual home show proved to be a great place to see the innovative products available to

today’s homebuyers. Here are a va-riety of items that stood out from the crowd:

Spring Homearama

Does your company have a safety plan? Are you using it? If you cannot answer “yes”, it’s time to “git ‘r done.”

Start with an evaluation: What are the hazards with what you are doing? What about the materials you are using? How about tools and equipment? What kind of personal protec-tive equipment do you need? What does the law require?

The work environment must also be evaluated. For instance, if you are in con#ned spaces — do you need a respirator?

If the work is elevated with a leading edge of six feet or sca%olding of 10 feet or more, OSHA’s new directive on fall protection plans makes it clear you have three choices: rail-ings, a netting system or a personal fall arrest system, which-ever makes sense at the speci#c site.

Implement the planIt’s not enough to have a plan, you must implement it and

the people working for you must know the plan. $ey must be trained and quali#ed on the tools and equipment they’re using as well as any personal protective equipment. And document that training. OSHA will be looking for all of these things.

A safety plan makes for a safer work environment. You’re re-ducing risk of injuries as well as loss of manpower and increased downtime. You’re also presenting a better risk to your insurance company, which saves you money on your premiums.

Safety plans vs. safety policiesYou’ll also need a written safety policy, a legal document

that helps to protect the company. $e policy will a"rm you will provide the training and personal protection needed for a safe environment. It will also outline rules for safe conduct and places accountability on employees for their safety.

Each employee, as a condition of their employment, should indicate in writing they understand the safety rules and will follow them. Again, it’s not enough to say you’re providing a safe environment. You must follow through. Beyond that, your employees are accountable for safe behavior.

Jackie Adkins is a safety and loss control specialist with BIIA In-surance. BIIA pro"ides personalized safety and loss control plans for its 1,100 member companies throughout Virginia. BIIA is a wholly owned subsidiary of Tidewater Builders Association.

Myth. $ere’s a renewed e%ort by Virginia Occupational Safety & Health (VOSH) to inspect residen-tial construction.

Fact. Virginia’s Local Emphasis Program (LEP) for fall hazards was reissued in 2003 follow-ing the investigation of 14 fatal falls from heights in construc-tion and general industry in 2000, 16 fatal falls in 2001, and 14 fatal falls in 2002. $e data trend has fallen with Virginia’s construction trades losing an average of four workers in each of the last three years.

So how come you’ve never met or seen a VOSH inspector? Federal OSHA to state plans for mandatory inspection gener-ally provides commercial construction project locations in the form of a Dodge Report. However, residential construction sites are not provided and are usually found in the process of traveling from one assigned inspection site to another. $e Fall Hazard LEP instructs “all compliance personnel shall be instructed to be on the lookout for construction and general industry activities in which employees are exposed to fall haz-ards.” Key words being “exposed to fall hazards.”

The framer standing on, or walking the top plate when a compliance o"cer is driving by will more than likely result in the feared “opening conference” with at least one fall hazard re-lated citation possibly being issued.

The notorious roo#ng crew whose only fall protection is their skateboard sneakers and a thick foam pad are too easy to see from quite a distance away. $e LEP also provides that “No inspection of the worksite shall be conducted if it is ap-parent that employees exposed to fall hazards are properly protected.” In other words, the compliance o"cer keeps on going without opening an inspection and you probably never knew you were being observed.

What are fall hazards?In the residential construction world, fall hazards are “haz-

ardous conditions or situations existing on worksites where employees are exposed to falls from heights above 6 feet. $ese hazards include, but are not limited to, the following: Employees working on roofs or near unprotected sides (sec-ond story exterior door roughs, window roughs, un#nished decks/patios above the #rst-&oor level), &oor holes (think fu-ture stairwell).”

Also, the crews working from an aerial li! without a full-body harness attached by a short lanyard to the li! or work-ing from a homemade platform with no rails elevated on the forks of an all-terrain forkli! qualify. Although tempting, do-ing a quick job from the bucket of a backhoe is blatant and will guarantee an “opening conference” if observed by VOSH enforcement o"cers.

Although covered under OSHA’s Sca%old Standard as well as Virginia’s LEP for sca%olds, site-built single-/double-pole and cantilevered sca%olds (for getting the ridge beam, or ex-terior fascia and so"t boards in place) can result in fall hazard related citations being issued. $e action level for all sca%olds is 10 feet. Yes, 10 feet for all sca%olds. Above that height, toe-boards, upper and lower guardrails or a fall arrest system is re-quired. Due to the ease of construction and short-term use, almost all the site-built single- and double-pole sca%olds I have seen are not built to support the load of the workers and mate-rials or prevent falling o%.

OSHA’s 29CFR1926.451 has the legal requirements and instructions for site-built sca%olds with a few drawings. Very clear instructions for building these types of sca%olds can be found in DeWalts “Construction Professional Reference” (Master Edition), or by downloading NC DOL’s “A Guide to Safe Sca%olding” at www.nclabor.com.

What’s the bottom line?The former OSHA Interim Fall Protection for Residential

Construction was revoked by OSHA e%ective June 16, 2011. $e interim measures included the use of slide guards during roof sheathing and roo#ng operations up to a certain pitch of roof.

Currently there is a three-month “adjustment” period where residential carpenters, roofers, HVAC and masons should be

(continued on page 31)

o terms like tweeting, fan pages and blogging make you break into hives? Social media can leave you scratching your head, but resistance is futile, or so it may seem. Experts say this medium

is here to stay. While it may be overwhelming, those who are making the plunge are #nding it’s easier to navigate than they thought and leading to more business than expected.

What is social media?It’s a way to not only receive information, but to interact

with those disseminating it and receiving it via a website or social applications on smartphones. It’s a form of two-way communication in that you can both give and receive feed-back. Traditional media, such as newspapers, are one-way forms. Popular social media sites include blogs, Twitter, Face-book and YouTube.

Blogs are online forums where individuals post thoughts, trends and more on a daily basis.

Twitter is a social networking site that allows users to post information in 140 characters or less that is delivered via in-stant messaging.

Facebook is a social networking site where individuals, companies and more can create pages where they and other people can post information, photos, videos and links to other items in one place.

YouTube allows people to post videos for the world to see.

Why get onboard?First, it’s free. All of the above sites cost nothing and can be

updated daily and more easily than a website. $ough these should not replace your website, they are a great addition.

Secondly, research is #nding more Americans are engaging in social networking. A study by Cone LLC found 60 percent of Americans engage in social media. Of those, 93 percent believe companies should be present in social media.

Lastly, social media makes it easy for you to connect. “I think that’s the point of Facebook,” said builder Erin Widen-er Speckhart of Widener Corp. “It’s the relationship builder and the real business comes from that.”

How do you get started?According to Carol Flammer, a social media expert and

author of Social Media for Home Builders: It’s Easier !an You !ink, start with a blog. “Look for Realtors who are blogging online who are experts in marketing homes,” said Flammer, such as S&A Homes, Boone Homes and Tranton Homes. “Send them your releases,” which bloggers will post to help spread your company’s message.

For beginners, Flammer suggested Blogger.com over Word-Press, yet both are user-friendly options. Remember, blogs should be kept short. Using bullet points, numbers and tips

are a great way to get your information across. If you’re not a strong writer, post photos, videos and how-to tips.

Tips: Tuesday, Wednesday and $ursday are the best days to post, said Flammer. And avoid politics and religion.

To Tweet or not to Tweet?You don’t have to be a tech guru to Tweet. To post items,

simply type in your information and a link if possible and click enter. With a limit of 140 characters, the key to Twitter is keeping it short and concise. For beginners, Flammer rec-ommends following those you want to follow you.

When setting up your Twitter account, choose a name that makes sense, as that will be your handle. Completely #ll out the pro#le, which will help people identify you.

What do you tweet? Flammer recommends the follow-ing guidelines: give each entry personality; provide tips for followers; tweet about your business; retweet other people’s tweets and ask questions to engage in conversation.

Frazzled over Facebook?Out of the sites discussed above, Facebook has the most

options for tailoring it to your business’ needs. For William E. Woods Realtor Lana Cary, Facebook has

been a great tool. “It’s not so much in your face and allows you to get a lot of people aware of your product,” she said. Cary established a page for Sandy Creek by Towne Develop-ment Corp., which has allowed her to build relationships with the homeowners, as well as reach out to people who may

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be considering purchasing.The key, she said, is keeping it fun.

“I run photo and haiku contests for my development with prizes ranging from gi! cards to cash.”

The results have been amazing, said Cary, who uses the site to keep up with what is going on in the lives of the ho-meowners. “It has driven folks to where I want them to go, and it has proven results for me,” Cary continued. “If I have folks who are interested in the community, I tell them to check us out on Facebook and then they can see the community. It’s a great so! sales tool.”

Cary’s advice to those newcomers: “It can’t always be about me and ‘look at my listings.’ It needs to be more of ‘look at me’ and ‘I’m here.’”

Speckhart agreed. “I was kind of resistant to it because I didn’t really understand it,” she said. “I found that it was a lot easier than I expected and a lot more e%ective.”

The key, said Widener, was going into it with the goal of building a rela-tionship and not necessarily business. However, she has seen business as a result. Recently, she posted pictures of a renovation, which led to someone call-ing and asking to have some of the reno-vation details performed in their home.

“Once you’re in their house, the homeowner starts asking you to look at other areas,” said Speckhart. “Once you’re there and they see your work, that’s when other things open up. It’s a credibility thing. It helps bolster your reputation and what you do seriously.”

For those starting on Facebook, Flammer advises businesses to incor-porate coupons and contests and to create photo albums. Ask opened ended-questions that create discussions. She cautions to not post too o!en and when using multiple networking out-lets, don’t connect them all so they post identical information. Instead, tailor each one to the speci#c audience.

You’re on YouTube, too!YouTube is the largest video-sharing

site online, so it’s no surprise it’s a great outlet for consumers.

“I’ve had a lot of luck with YouTube,” said Cary. “It’s a blessing in disguise.”

Cary uses the site to upload videos

she posts and then links them through emails. She has been able to use the site for everything on “Weedwacking 101” for her homeowners to making slide-shows and birthday greetings, which can be emailed.

All aboardSocial networking sites are not

meant to replace your website, rather to enhance your marketing. Research has proven that consumers are research-ing companies before making contact. Multiple networking outlets will only enhance your reach.

“$ese days, agents have to be on the

social media bandwagon,” said Cary. “If nothing else, have your own Facebook page because your clients will follow you. As far as the community is concerned, people go online for everything now. It shows you’re a little more hip if you’re active on Facebook.”

Speckhart agreed. “My advice is to just start and #gure out as you go. You may as well get in it and get a presence on it,” she said. “I am shocked when we get new calls from people and I refer them to the website and Facebook page and they’ve already been there. Customers don’t call unless they’ve prescreened you.”

he heat wave broke in just enough time for TBA’s annual Building Trades Academy (BTA) charity golf tournament. $e tournament was held on June 14 at Sewell’s Point Golf Course

in Norfolk. It was the only golf tournament of the year.The event raised $20,000 for BTA, which provides

training and job placement in the trades and facilities maintenance.

A big thank you to the following companies who helped to sponsor the tournament. $ey are: Ainslie Group; American Insulation Service LLC; Atlantic Foundations; Columbia Gas of Virginia; Facilities Main-tenance Apprenticeship; James Hardie Siding Products; Kotarides Builders; Link Sta"ng Services; Monarch Bank; Servpro of Newport News & Virginia Beach; Steve Love Insurance Agency Inc./BIIA; Superior Equip-ment Sales; $e Lawson Cos.; Towne Bank Mortgage and Virginia Natural Gas.

This year’s tournament, chaired by Dennis Graf, in-cluded one round of Florida Best Ball.

The winners were:

First place, $rst #ight:Sinnen-Green & Associates, with a score of 53 Patrick Cecchini, Matt Sinnen, Dave Anderson and Jay Payne

Second place, $rst #ight:RBH Heating & Plumbing, with a score of 56 Ronnie Hord, Kyle Hord, Gardner Winstead and Tim Wagoner

First place, second #ight:$e Apartment Book, with a score of 63 Bill Crawford, Monty Browning, Gary Tyler, Craig Brownwell

Second place, second #ight:Kotarides Builders, with a score of 63 Lucky Peterson, Pete O. Kotarides, Basil Kotarides and Jim Marquette

Lady’s longest drive: Kelly Beck

Men’s longest drive:Jeremie Halvorson

Closest to the pin: Lee Ward

Ladies closest to the pin:Kelly Beck

ver the latter part of the 20th century, the importance of having an architect involved with

a typical home design had diminished. $ough they were still involved on

more complex projects, they had been perceived as a luxury on most new-home designs. Once considered master build-ers, architects had been replaced by Internet sites selling stock plans to the majority of builders. We had become secondary and homes became generic, from one neighborhood to an-other.

Within the last 10 years though, there has been a rekindled appeal to having an architect work together with the builder in a design-build relationship when constructing a home. $is approach allows each team member to be able to focus on his or her specialty; all the while the client’s satisfaction is the team’s focus.

Advantages of using an architectA substantial part of an architect’s job is to ensure compli-

ance with building codes and regulations. All of which have become more complex over the last decade. Architects are formally trained to balance these rules with the requirements of client, program and site. Our goal still is to create a home design that’s aesthetically pleasing or even delightful, while meeting the client’s budget. Architects attend seminars, sub-scribe to industry publications, utilize the latest so!ware and are required by law to continually enhance their education to remain certi#ed.

How does the design process work?The typical design process begins with a program of

spaces, which sets the sizes and square footage of the home to meet the client’s requirements. $e program drives the creation of a budget before the design process begins. $is process allows the client to see changes to the design and the e%ects they have on costs.

Next, is the most critical part of the process. In partner-ship with the builder and client, the architect creates a sketch of the design concept. Usually, this occurs over one or two design meetings. Many questions are asked, which o!en include those about pets, holiday celebrations, how o!en a dining room is used. Are they more formal or informal in their lifestyle? $e more we learn about the client, the more focused the design is to the needs of the client. Hand sketches are the norm at this point. Once the sketch has been created,

modi#ed, reworked and discussed, a design begins to take shape.

Over the years, most architects have learned it is better to partner with the client during the initial design process. $e client fully understands the reasoning for the design and is more engaged on a number of levels. $is aids the builder in reducing changes later on during the project.

In recent years, a number of architects have started to use new computer so!ware that can extend the design process, while creating the construction documents. $is so!ware, Building Information Modeling (BIM), is used to develop the entire design in three dimensions. It allows all involved to see the new home develop virtually before their eyes. Materials representing real word construction methods are used to de-velop the entire design. Every element in the design represents a physical condition and provides feedback to the team. Material takeo%s, colors, textures, etc. are all developed inside of the 3D model and allows all involved in the process to better under-stand the design. $is aspect alone can save a builder thousands in performing take o%s and understanding quantities.

Once the design is approvedOnce all approve the design, the architect then coordi-

nates with engineers to develop the structure and site plan. In conjunction, the architect aids the builder in developing construction costs. Every item in the 3D model is included in takeo%s and allows the builder to create a very accurate cost estimate for the home. Whether it’s a new home or renova-tion, information stored in the model truly represents physi-cal construction!

A!er costing is complete and the client is satis#ed that the home meets their expectations in design and cost, the architect completes their design work and prepares the draw-ings for the permit process. $e architects’ role doesn’t end at this point. On the contrary, the partnership formed remains intact throughout the construction process. Human nature dictates that changes will be made. $ere are always opportu-nities to improve even the best of designs.

The design process never ends … before you know it, the client calls you for their next project.

Tom Retnauer is a founding principal of Retnauer Design Asso-ciates, PC, an award-winning $rm based in Chesapeake. Retnauer is a member of the AIA Hampton Roads Chapter and a graduate of Virginia Tech. He can be contacted at (757) 546-2471 or by email at tom@rdapc.com.

Parties impacted: Soon-to-be homeowners and B&J BuildersAdvocate: Bobby Hart-man of B&J BuildersIssue: Builder Bobby Hartman was about to

close on a home; however, he still need-ed the certi#cate of occupancy (CO). With overhead lines not yet installed, he was in jeopardy of losing out on the sale of the house, as the CO couldn’t be issued without electricity. Action taken: Since Hartman was a TBA member, the city’s real estate as-sessor advised him to contact Builder Services to help with the issue. Once contacted, Builder Services turned to Dominion Virginia Power customer re-lations specialist Paulette Frantz.Result: Within 15 minutes, Frantz had

contacted Hartman to assist. Dominion was able to get crews out to the site and have the service connected in time and Hartman was able to close as needed.Comment: “TBA came through for me,” said Hartman. “I belonged to TBA for a couple years, maybe longer, and I didn’t realize that you could pull the right chain at the right time. I really ap-

preciate it. You all made it happen. In fact, I told another builder about it and he’s interested in joining.”If you or your company has a building or development issue you would like help re-sol"ing or a question you need answered, please contact TBA’s Builder Services Specialist Patrice Kyle at 305-9015 or pkyle@tbaonline.org.

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About the programSince 1965, 424 students have bene#ted from more than

$1.66 million from the TBA Scholarship Foundation, which is two-pronged. $is year’s eight academic scholarships were awarded based on academic excellence, community service and #nancial need. Five additional students, plus two high schools, were awarded for their Young Designers’ Scholarship Competition entries.

A selection committee, comprised of Chairman Reese Smith, James Barnes, Jane Gardner, Sheryl Reynolds, Kim Sadler and Gary Werner, spent weeks reviewing the 197 academic scholarship applications submitted. $e following recipients each received a $7,500 four-year scholarship:

Kayla BlansettNorview High School, NorfolkHoward M. & Nancye C. Weisberg Scholarship

Kayla plans to attend Old Dominion University to major in Asian and Middle Eastern studies. Her love of foreign lan-guages includes Tagalog, Spanish, Farsi, Arabic and French.

Ashley Bradshaw Grass$eld High School, Chesapeake

For more than a year, Ashley has worked as an o"ce and teacher assistant at Primrose School, getting #rst-hand experi-ence with her future career. She plans to attend James Madi-son University to study human development and education.

Wenyi Chen Ocean Lakes High School, Virginia Beach

Wenyi plans to attend George Mason University in the fall to study business. When not in school or working at her fam-ily’s restaurant, Wenyi campaigns for animals’ rights through her school’s Animal Savers Club.

Colin Miller Grass$eld High School, Chesapeake William J. Hearring Memorial Scholarship

Colin plans to enter the honors program at the University of Washington and major in computer science. Not one to shy away from a challenge, Colin began diving on his school’s varsity swim team this year. He holds the school’s men’s div-ing record.

Cindy Ngo Bayside High School, Virginia BeachLee Gi%ord Scholarship

Cindy plans to study biology at Christopher New-port University. She hopes to become a doctor and will be able to care for her mother, who was hurt in a car accident when Cindy was seven.

Maxwell O’BrienSalem High School, Virginia BeachSherman & Nancy Reece Scholarship

Maxwell plans to study civil engineering at Old Do-minion University. Outside of school, Maxwell enjoys teaching area kids the art of wrestling and jujitsu.

Jenna Pham Tallwood High School, Virginia Beach

Jenna will attend Virginia Commonwealth Univer-sity and hopes to become a pharmacist. Armed with a medical degree, Jenna hopes to become a “pharmaceuti-cal genius” and to help cure the illnesses that a'ict the world.

Morgan WallCox High School, Virginia BeachStanley Warranch Scholarship

If Morgan could make a career out of cooking and mathematics, she would. For now, she plans to study mathematics at the University of Virginia.

(continued on page 26)

A talent for designThe second committee, comprised of Chairman

Chris Ettel, Ken Cohen, Todd Savage and Scott Crum-ley, was met with the challenge of selecting #ve winning designs for the Young Designers’ Scholarship Competi-tion. Forty students submitted computer-aided designs for houses, #ve of which were awarded scholarships. $e awardees are:

Nicholas Demartino of Kempsville High School, Vir-ginia Beach, won the $2,000 #rst-place award

Kevin Vidrine of First Colonial High School, Virginia Beach, won the $1,500 second-place award

Tyler Kalagayan of Ocean Lakes High School, Virginia Beach, won the $1,000 third-place award

Richard Zado III of Ocean Lakes High School, Vir-ginia Beach, won the $750 #rst-honorable mention

Anthony Medina of Ocean Lakes High School, Virginia Beach, won the $500 second-honorable mention

A $3,000 grant went to Ocean Lakes High School, Vir-ginia Beach, for having the most entries meeting the criteria, and Hickory High School, Chesapeake, won the $1,000 sec-ond-place grant for the second-most entries. $e grants can be used to purchase equipment or supplies for the school’s dra!ing/design program.

(continued #om page 25)

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This Fall Homearama’s Charity House is being built to bene#t $e TBA Scholarship Foundation. Michael New-some, chairman of the Schol-arship Foundation, and his company, Clark Whitehill, will be building the house in honor of scholarship recipient Justin Kau&in, a jazz pianist who lost his eyesight. He, along with other recipients, will be a part of this e%ort.

Thank you to the companies who have donated their services or supplies. $ey are:

Move over, asbestos and lead paint

Formaldehyde was added to the list of dangerous chemicals found in industry materials by government scientists.

According to a recent New York Times article, “government scientists listed formaldehyde as a carcinogen, and said it is found in worrisome quantities in plywood, particle board, mortuaries and hair salons.”

By avoiding pressed-wood products or buying only those that are labeled as U.L.E.F. (ultra-low-emitting formalde-hyde), N.A.F. (no added formaldehyde) or C.A.R.B. (California Air Resources Board) Phase 1 or Phase 2 compliant, consumers can reduce their exposure.

Now that formaldehyde is on the carcinogens list, further regulation is inevitable, though it’s too soon to know whether it will be banned in the U.S..

The three construction products that emit the highest concentrations of form-aldehyde are medium density #berboard, hardwood plywood and particle board.

Residential construction spending jumps in April

An increase on home improvements made a notable rise in private residential construction spending in March, but spending on single-family and multi-family housing construction declined, according to the Construction Spending report from the Bureau of Census. $e report found a 3.1 percent increase in private residential construction spending to $232.1 billion from $225.07 billion March.

Home improvement spending was the sole contributor to the rise in private residential construction during April, with single-family construction spending down 1 percent to $104.7 billion and multifamily construction spending down 0.1 percent to $12.8 billion.

The gain in home improvement spending was more the result of a signi#-cant downward revision to the previous month, rather than a healthy improve-ment in spending.

uilders are moving swi!ly to make their October deadline at $e Riverfront at Harbour View, the site of this year’s

Fall Homearama. Foundations have been poured and framing is well under way.

The resort-style community, which hosted Homearama in 2001, will again be showcasing nine homes from Oct. 15-30.

Seven builders will be constructing nine homes ranging from 2,800 square feet to 4,000-plus square feet. Prices are expected to start in the low $550,000s.

Building are: Charlie Anderson, Charlie Anderson Builder Inc., Chesa-peake; Sam Cohen and Je% Bruzzesi, Joey Corp./$e Closet Factory, Chesapeake; Chip Iuliano, ABT Custom Homes

LLC, Su%olk; Michael Newsome, Clark Whitehill Enterprises, Virginia Beach; Les Ore, Ore Builders LLC, Chesapeake; Stephen, Steve and Alexander (uick, Stephen Alexander Homes LLC, Chesa-peake; and Eric Sasser, Sasser Construc-tion LC, Portsmouth. Of those, ABT Custom Homes LLC and Sasser Con-struction LC will each be building two homes.

Sponsoring the show are: $e city of Su%olk, Sentara, Hometalk.com and Nansemond Precast Concrete.

If your company would like to donate supplies or labor, contact Newsome at (757) 340-5300, ext. 232 or mdnewsome@clarkwhitehill.com. Remember, proceeds from the sale of the house will go to TBA’s Scholarship Foundation.

n connection with the purchase and sale of real property, several questions seem to be frequently raised, includ-ing: whether to use a letter of intent

before entering into a purchase and sale agreement; what implied warranties are made by the seller to the buyer and what is the meaning of an “As Is” provision in the contract.

When acquiring land for develop-ment, or purchasing/selling or leasing commercial real estate, o!en the #rst step is for the parties to enter into a letter of intent (LOI). Before investing the time and resources into dra!ing and negotiating a formal purchase and sale agreement, the parties should be certain that there is agreement on the essential business terms. An LOI helps the parties document these terms. Typical provi-

sions contained in an LOI include: i. Identi#cation of the parties (seller,

purchaser, brokers, escrow agent) and the property, including whether a purchase of raw land is “in gross” or “by the acre”;

ii. $e purchase price;iii. $e amount of the earnest money

deposit and whether the deposit will be increased a!er expiration of the purchaser’s study period;

iv. $e length of the purchaser’s study period;

v. Key conditions to the purchaser’s ob-ligation to close, such as acquisition of adjoining properties when the pur-chaser is assembling land, the zoning classi#cation of the land or obtaining any rezoning or conditional use per-mit necessary for purchaser’s intend-

ed use of the property, subdivision/plan of development approval by the municipality, etc.;

vi. Key representations and warranties to be made by the seller;

vii. $e closing schedule and the terms on which purchaser may obtain exten-sions of the speci#ed closing date;

viii. A con#dentiality clause; andix. A “no shop” provision that provides

that the seller will not o%er the prop-erty for sale or lease for a speci#c peri-od of time to allow the parties time to negotiate, dra! and sign the purchase and sale agreement. The LOI should expressly state that

it is non-binding, but also identify any provisions that are intended to be bind-ing on the parties. For example, o!en the “no shop” and con#dentiality provi-sions are made binding on the parties notwithstanding that the other provi-sions in the LOI are non-binding.

New homes are an exceptionAs a general rule, sellers of real prop-

erty in Virginia are not deemed to make implied warranties about the property. Seller warranties should be expressly set forth in the purchase and sale agreement or in the deed. An exception to this is Virginia Code Section 55-70.1. When a builder sells a new home, the builder is deemed by a statute to warrant that the dwelling and all its #xtures are (i) free from structural defects so as to pass with-out objection in the trade, (ii) construct-ed in a workman-like manner so as to pass without objection in the trade, and (iii) #t for habitation. $is implied war-ranty has a one-year warranty period (but a #ve-year warranty for the foundation). Any lawsuit for breach of the warranty period must be #led within two years.

What is an “As Is” sale?Notwithstanding the statutory war-

ranty or any other implied warranties

that might apply, a seller can exclude all express and implied warranties, includ-ing the “new home” implied warranty provided by Virginia law, if the purchase and sale agreement expressly provides that the sale is “As Is.” To e%ectively exclude express and implied warranties and have the purchase and sale be on an “As Is” basis, the purchase and sale agreement should contain a conspicuous provision that the sale of the property, building/dwelling and #xtures are “As Is” and “With all Faults.” $is disclaimer should be in all capital letters and bold face type, which is at least two points larger than the other font size in the contract. If the parties intend that the statutory warranty is to be excluded, then that language also should speci#cally state that the warranty under Virginia Code Section 55-70.1 is excluded.

As a general matter, courts will en-force the exclusion of warranties if the appropriate language is included in the purchase and sale agreement. When “As Is” is used, the purchaser is deemed to rely on his inspection of the prop-erty and inspection by his representa-tives such as engineers, surveyors and property inspection companies. If a purchaser accepts a real estate convey-ance on an “As Is” basis, the purchaser will not have recourse against the seller. $e one limitation on this is whether the seller attempted to conceal defects in the property in a situation where a court could conclude that a fraud occurred.

Review before you signBecause of the importance of the pro-

visions in real estate purchase/sale docu-ments such as an LOI or a purchase and sale agreement, it is prudent to have these documents prepared or reviewed by com-petent professional advisers before they are signed. It makes sense to be sure that the documents accurately re&ect the agree-ments and the intent of the parties and that the parties understand the meaning of the contractual provisions.

C. Grigsby Sci#es is a partner in the Virginia Beach o&ce of the law $rm of Wil-liams Mullen and is Tidewater Builders As-sociation’s general counsel. !is column fea-tures legal issues of interest to TBA’s mem-bers. Sci#es can be reached at 757.473.5370 or at gsci#es@williamsmullen.com.

To submit items for Shop Talk, please e-mail !e Tidewater Builder editor Sara Steil at ssteil@tbaonline.org or fax it to her at (757) 420-5539.

Stork joins Cox Communications team

Barrett Stork has been named government a%airs manager for Cox Virginia. Stork will be responsible for managing relationships with government and local franchise authority o"cials in Hampton Roads and Roanoke.

Stork previously handled govern-mental a%airs and lobbying for the Hampton Roads Realtors Association, Virginia Association of Governmental Purchasing and National Association of Residential Property Managers. He also worked as the director of communica-tions for the chairman of the General Laws Committee in the Virginia House of Delegates.

McPeek passes architectural registration exam

Scott McPeek of Clark Nexsen passed the archi-tectural registration exam and is licensed to practice architecture in Virginia. McPeek, a project manager with more than 10 years of project archi-tect experience, has experience in new construction, renovation/alterations and additions for multiple project types.

Put your membership to work now.

Money-saving discounts thatbenefit your business, youremployees, and your family

Visitwww.nahb.org/mafor these and other participatingcompanies.

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Put your membership to work now.

Money-saving discounts thatbenefit your business, youremployees, and your family

Visitwww.nahb.org/mafor these and other participatingcompanies.

National Association of Home Builders

Put your membership to work now.

Money-saving discounts thatbenefit your business, youremployees, and your family

Visitwww.nahb.org/mafor these and other participatingcompanies.

National Association of Home Builders

B&T Kitchens named Small Business of the YearCongratulations to B&T Kitchens & Baths for being named one of Hampton

Roads Small Businesses of the Year from Inside Business. $e awards were presented during National Small Business Week, which recognized the contributions of small businesses to the economic well-being of America.

One small business owner, out of #ve #nalists, from each Southside city was awarded. B&T Kitchen was awarded for Virginia Beach.

The husband and wife team who own B&T Kitchens, M.D. and Kyle Riley, con-tribute their success to recruiting and hiring people with a positive work ethic and a passion to succeed, according to an article in Inside Business.

International Flooring announces expansion

Rick Council joined International Flooring and Protective Coatings Inc. as the company’s new project manager. In his new role, Council will be serving industrial clients with UHP water jet-ting, protective coatings, large scale lead abatement, tank and pipeline recoating and wet well coating. Council also is an SSPC Certi#ed Paint Inspector.

EQUAL HOUSINGL E N D E R

MEMBERFD IC

www.townebank.com

(continued #om page 17)

purchasing, providing training on instal-lation and use of personal fall arrest sys-tems (PFAS).

E%ective Sept. 16, 2011, all workers exposed to fall hazards of more than six feet above grade or sub-&oors must be protected by a PFAS, guardrails or safety nets. If these safety measures cannot rea-sonably be used, the employer can de-velop a site-speci#c fall protection plan, with all employees having received docu-mented training on its requirements. $e implementation of the fall protection plan shall be under the supervision of a competent person and the site-speci#c plan must be on site. $e employer must be able to demonstrate to a VOSH in-spector why standard fall protection sys-tems cannot reasonably be used. Failure to produce, provide or demonstrate will likely result in citations for violating fall protection standards.

Rick Kennedy has been a safety com-pliance o&cer for the Virginia Depart-ment of Labor, Norfolk region o&ce since 2008. Kennedy, a retired Navy veteran, holds a bachelors of science in occupational safety and health. He can be contacted at 757-455-0891, ext. 130 or Rick.Kenne-dy@dolivirginia.go".

Please keep TBA in the know!If you’ve changed location, phone num-

ber or email address, please let us know. It’s as easy as visiting www.tbaonline.org, click-ing on Members and then on Update Your Information. Or you can call Stacey Turner at 305-9042 or email her at sturner@tba-online.org.

We’d also like to know if you’ve added new lines of business so we can make sure your company is listed correctly in our on-line member directory.

Spring campaign brings new members on board Thirty-#ve new members swelled the ranks of Tidewater Build-

ers Association during the recent board membership drive. Wel-come these new members (listed on page 34) when you see them.

Kudos to)Bob Widener, Pete A. Kotarides, Steve Lawson and Mike Healy, the #rst to bring in their new members, and to TBA President Bill Halprin, with three new members, the most indi-vidually.

Basil Kotarides and Healy brought in their #rst-ever new mem-bers and received the Spirit of Membership Award from Bonded Builders Warranty Group)— plus a $35 gas card.

Recruit your #rst new member and get one, too.)For recruit-ment materials, contact Stacey Turner, TBA membership and member services director, at 305-9042 or sturner@tbaonline.org.

In the market for a vehicle? Save $500 with GM private o%er

GM is o%ering all association members $500 toward the purchase or lease of most new GM vehicles through Jan. 3, 2012.

Among the vehicles eligible are 2010, 2011 and 2012 Buick, Chev-rolet and GMC models.

Mark Smelley of Hall Chevrolet Commer-cial/Fleet says a TBA member just purchased two Chevrolet Equinox vehicles, applying the discount to each of them. Smelley also just recruited a new member who has an auto purchase in the works.

“I’ve had six vehicles purchased in the last 60 days from members using their NAHB discount,” he remarked. Visit www.tbaon-line.org and click on “Member Bene#ts” for details.

Let your membership put some jingle in your pocketIf you haven’t looked into the Verizon Wireless discount program or the

Member Rebate program, what are you waiting for?Both programs — available only to TBA members — put dollars in your

pocket. And in most cases, the money you reap will more than cover your an-nual membership dues.

Here’s what some TBA members are saying:Les Halstead, Inner Space Systems Inc.'& Garage Concepts: “Prior to switch-

ing to Verizon Wireless, we experienced dropped calls in the #eld on a regular basis. At the o"ce we o!en had to step outside of our building to make or receive a cell call due to the inability to get a good signal inside. Our recent switch to Verizon Wireless has already had very positive results.)$e dropped calls are gone and signal strength is no longer an issue.)Additionally, we also expect to see a cost savings as we move forward.”

John Ainslie, !e Ainslie Group: “For a small investment in time, it’s well worth applying for the rebate. My rebates average about $900 per quarter. And once you apply the #rst time, you look forward to doing it again — es-pecially when you receive that check. In one year, the amount that I get back through this rebate program will be more than triple what I spend on mem-bership dues.”

For more information or assistance with either program, contact Stacey Turner at (757) 305-9042 or sturner@tbaonline.org.

Need a fix?From a new home…

to additions, kitchens, baths, outdoor living spaces and more…Let Tidewater Builders Association help point you in the

right direction with our member services guide.

www.tbaonline.org

Finding a contractor just got easier When Lowe’s turned to TBA for advice on handling customer

requests for contractor names, TBA turned to the power of the Internet.

By providing the store with “Need A Contractor” business cards, TBA is driving tra"c to the “Find A Member” section of its website, which already gets more than 1,500 visitors each month.

As an active TBA member, your company information and rep-resentatives appear under the categories in which you do business.

Did you know . . .• TBA can personally assist with

problems with local governmental agencies or departments . . . a service available only to members?

• TBA’s next quarterly breakfast fo-rum, which is free and open to all members, is Aug. 18?

• You can save 29 percent on select FedEx shipping services through your membership in TBA? (www.1800members.com/new/nahb)

• You can pay your annual member-ship dues in three monthly pay-ments?

• When your membership anniversary date rolls around, you have 60 days in which to pay your membership dues before your company becomes an inactive member? (Once you’re inactive, you’ll no longer be listed in the Find A Member section of the TBA website or receive mail or email from TBA.)

• Your membership in TBA also includes membership in the state (HBAV) and national (NAHB) or-ganizations?

• Solveras Payment Solutions is sav-ing association members an average of $1,475 per year? (www.solveras.com/nahb)

• You, too, can be a fan. TBA has Facebook fan pages for the asso-ciation and Homearama. It’s also Tweeting news on a regular basis. Friend TBA today and stay in touch!

Advertisers’ IndexTBA MEMBER PRODUCT & SERVICE DIRECTORY

When you need service, do business with these TBA members:

Michael and Bonnie Newsome, Clark Whitehill Enterprises

“We’re a safer company.”Company reaps cost savings from BIIA Workers’ Comp safety training.“We’re reaping the bene!ts of cost savings and an improved safety record,” said Bonnie Newsome of Clark Whitehill Enterprises. "anks to BIIA Insurance, the single family/multifamily builder, developer and management company is saving money on its insurance premiums while promoting a safe work environment. BIIA helped Clark Whitehill develop a safety plan and training program for its 85 employees and even helped create and design the company’s required safety documentation, said Michael Newsome. “It has evolved from a company that provides insurance coverage.”“Although cost savings is good, the safety of our employees is paramount,” adds Bonnie. “I don’t think you could ever have enough safety training. It should be continuing education. "at’s something that BIIA o#ers.”

We know the business. !ink of us "rst for: General Liability Competitive Rates Workers’ Comp Superior Coverage Commercial Auto Excellent Customer Service

Michael and Bonnie Newsome, Clark Whitehill Enterprises

“We’re a safer company.”Company reaps cost savings from BIIA Workers’ Comp safety training.“We’re reaping the bene!ts of cost savings and an improved safety record,” said Bonnie Newsome of Clark Whitehill Enterprises. "anks to BIIA Insurance, the single family/multifamily builder, developer and management company is saving money on its insurance premiums while promoting a safe work environment. BIIA helped Clark Whitehill develop a safety plan and training program for its 85 employees and even helped create and design the company’s required safety documentation, said Michael Newsome. “It has evolved from a company that provides insurance coverage.”“Although cost savings is good, the safety of our employees is paramount,” adds Bonnie. “I don’t think you could ever have enough safety training. It should be continuing education. "at’s something that BIIA o#ers.”

We know the business. !ink of us "rst for: General Liability Competitive Rates Workers’ Comp Superior Coverage Commercial Auto Excellent Customer Service

You save at The Discount Kingand they get a fancy new kitchen.

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Sales professionals Ed DeVriesand Tom Huxtable.

Top name appliances at unbeatable prices. It’s how savvy builders impress their clients and save money at the same time.