May eNews 2016 - Home Builders Association of Greater Little Rock

The Official Publication of the
Home Builders Association of
Greater Little Rock
Builder eNews
M A Y
2 0 1 6
Reserve Your Team!
INSIDE THIS
ISSUE:
Board of
Directors
2
HBA Staff
Information
2
President’s
Message
2
Building Permits
3
AHBA and NAHB
3
Construction Law
4
AHBA New
5
Executive Vice Pres
The “Amazing
Race” Campaign
6
ENews Advertising
7
3-Hole Washer
Toss
8
New Members &
Renewals
9
Trap Shoot
Registration
10
Event & Education
Calendar
10
Event Begins at 9:00AM
Please see page 10 of the newsletter for REGISTRATION & CONTACT INFORMATION
Hammer Time!
The first member to find the hammer in each Newsletter will win a prize! Call 501-758-3646
or email maryelizabeth@hbaglr.com and correctly identify the location to win! Prizes will
vary. To allow more winners, members may only win once per calendar year.
**Note—this hammer is just the example.
PAGE
PAGE
2
OFFICERS
President
Justin Keener, Billy Hartness Const.
Vice President
Tony Dillon, The Dillon Group
Secretary/Treasurer
Jon Callahan, Jon Callahan Construction
Past President
Nathan Cooper, River Valley Builders
BOARD OF DIRECTORS
Bill Ross, ProSource of Little Rock
Brandon Hines, Hines Homes
Brandon Tedder, Renaissance Homes
Devon Mason, ProSource of Little Rock
Don Overton, Sustainable Const.
Donna Brown, John T Wright Const.
Frank Curtis, Curtis Contracting
Joe Miles, Chenal Valley Construction
John Brooks, Kaufman Lumber
John Turner, Turner and Sons Construction
Kent Goff, Bancorp South
Kevin Willis, Elite Security Solutions
Lisa Ferrell, Rockwater Village
Mike Brewer, CenterPoint Energy
Oscar Washington, ODS Enterprises
Phillip Currier, Chenal Restoration
Sarah Torian, Ridout Lumber
Troy Rhodes, Stone Works
LIFE DIRECTORS
Bill Bosley, Bosley Construction
Jack Wilson, Woodhaven Homes
Jerry Thompson, Thompson Const.
Jim Carr, UALR Construction Mgmt
Jim Kincannon, Apartment House Builders
Jim Miles, Chenal Valley Construction
Keith Wingfield, River Rock Builders
Randy Wiggins, Randy Wiggins Co. Home
Builder
Rick Coker, Coker Homes
Richard Harp, Richard Harp Homes
Roy D. Rainey, Sr., Roy D. Rainey & Co
Roy Treat, Roy Treat Builder
A Message from the President...
you to our sponsors: LP
SmartSide,
Cedar
Creek, ProSource of
Little Rock and BancorpSouth! I would also
like to give a special
thank you to Daken
York and Don Overton. Don introduced the
idea as a fundraiser tournament to benefit our
NAHB BUILD-PAC and
Members,
Daken with LP SmartSide
took that idea and went
Well, it has been
out of his way to make it
a busy last few months
an enjoyable event for
for the Home Builders
everyone there.
Association. Hopefully all
of you have been busy as
N ext m o nt h.
well and this beautiful TEC Electric is hosting
spring weather is bringing a Mix and Mingle at their
you lots of new custom- facility on June 9th. You
ers, jobs, and projects!
will see more information
about this event very
Last month we had our
soon.
1st Annual LP 3-Hole
Washer Toss Tourna- Members will also have
ment! It was something the chance to network
new and fun for our asso- with potential members
ciation. I hope those that and new members at our
were able to attend en- 3rd Annual “It’s a Shell of
joyed the event. I would a Game” Trap Shoot
also like to thank a few Tournament on June
individuals and companies 18th. The Tournament
that stepped up and made will be held at the Arkanour 3– Hole Washer sas Game & Fish Shooting
Toss a success. Thank Complex in Jacksonville.
It should be a great day
with some exciting new
additions this year. We
will have a meet and greet
as well as an exhibition
from 11:00am to 1:00 pm
with U.S. Olympic Team
Member Kayle Browning
and trick Shooter Tommy
Lynn Browning. Bill Ross
and Devon Mason have
been working hard to
make this event bigger and
better. Be sure to reserve
your team spot as soon as
possible.
(Registration information
is included in this months
newsletter)
As always, thank you for
supporting Your Home
Builders Association and if
you ever have any questions about your membership, upcoming events, etc,
please contact me or the
staff at the HBA office!
Sincerely,
Justin Keener
Billy Hartness Construction
501-650-0500
justinbkeener@gmail.com
hartnessconstruction.com
H B A O F G R E AT E R L I T T L E R O C K
Mailing: P.O. Box 755, N. Little Rock, AR 72115
Physical: 2901 Main St, N. Little Rock, AR 72116
Phone (501) 758-3646
Fax (501) 758-3649
www.hbaglr.com
HBA-GLR STAFF
Shannon Smiatek, Executive Officer shannon@hbaglr.com
BUILDER
ENEWS
2
Mary-Beth McGarity, Membership & Marketing Coordinator
maryelizabeth@hbaglr.com
PAGE
3
AHBA & NAHB
BUILDING PERMITS
Single Family Housing Permits Issued for
March 2016
ARKANSAS HOME BUILDERS ASSOCIATION
March
YTD
March
2016
2016
2015
Little Rock
20
68
27
88
NLR
8
25
10
25
Fax (501) 663-4624
Jacksonville
4
16
0
4
www.arkansashomebuilders.org
Sherwood
23
50
20
41
Maumelle
2
12
3
4
Cabot
2
21
7
18
NATIONAL ASSOCIATION OF HOME BUILDERS
Conway
18
51
20
29
1201 5th St, NW
Benton
19
20
18
49
Bryant
9
23
7
14
YTD
2015
Vicki M. Pickering, Executive Vice President
9107 Rodney Parham, Ste 6
Little Rock, AR 72205
Phone (501) 663-1428
Washington, DC 20005
Phone (800) 368-5242
Fax (202) 266-8400
www.nahb.org
Total
105
286
112
272
NAHB STAFF DIRECTORY
Contact the HBA for yearly comparables
501-758-3646 or maryelizabeth@hbaglr.com!
Please visit, www.nahb.org/contact
For a complete staff directory and directory by subject.
PAGE
4
J. Don Overton
The Overton Firm
Construction Law—Member 2 Member
Two years ago on March 13,
2014 I submitted my first article to the HBAGLR for inclusion in the monthly newsletter; it was on the importance of providing the “PreConstruction – Important
Notice” to a property owner
before the delivery of materials or the supply of labor to a
residential project because
the Arkansas Law at Ark.
Code Ann. § 18-44-115(a)(4)
expressly states that, “…the
residential contractor is barred
from bringing an action either
at law or in equity, including
without limitation quantum
meruit, to enforce any provision
of a residential contract…”
However, as of April 14,
2016; this is no longer the
case as the Arkansas Supreme Court has now ruled
that this is no longer relevant
nor required in the case of
HAMMERHEAD CONTRACTING
& DEVELOPMENT, LLC v. Ladd,
2016 Ark. 162 (2016):
In January 2014, Ladd hired
Hammerhead to build a
house in Batesville, Arkansas.
It is not disputed that prior
to beginning construction,
Hammerhead did not provide Ladd with the statutory
notice provided for in Arkansas Code Annotated section
18-44-115.
BUILDER
ENEWS
On October 2, 2014, Ladd
filed suit against Holmes to
remove the lien. On January
22, 2015, Hammerhead filed
an amended complaint
against Ladd seeking judgment for the $101,676.82.
Ladd moved to dismiss, asserting that the failure to give
statutory notice required by
ACA 18-44-115 barred Hammerhead from pursuing his
cause of action.
statutory notice. In situations
such as the case at bar, the
homeowner is in direct privity of
contract with the direct-sale
contractor…”
Hammerhead responded to
the motion to dismiss, continuing to assert that it was That sound that you hear is not
not required to give notice the chorus of licensed residenbecause it was a direct sale. tial (AHBA) contractors celebrating that they can now file a
The circuit court found that
lien at any time without first
“there exists no conceivable
providing notice.
scenario in which, by definition, any transaction beThat deafening roar is the rising
tween a homeowner and
chorus of the “storm-chasers”
contractor would not be a
and unlicensed contractors &
direct sale” because “it was handymen who are salivating
this court’s duty to reject
at the fact that the Arkansas
any interpretation of the
Supreme Court has now legally
statute that would lead to
given them free reign to desuch absurdity or defeat the scend upon the State of Arkanplain purpose of the law.”
sas and perform unlicensed and
The court further found that shoddy work with absolutely
no fear of non-payment.
exempting Hammerhead
from the notice requirement
would render section 18-44115(a)(1) “superfluous” because a general contractor
would never be required to
give notice as a condition
precedent to obtaining a lien
on the property.
This is because they can now
legally file and enforce construction liens on incomplete
and shoddy work; and, if they
claim it was a “direct sale” they
are now legally exempt from
the lien laws; and, can legally
extort even more funds from
The circuit court concluded unsuspecting property owners
that the direct-sales excep- during the upcoming tornado
tion applied only to subcon- and storm season.
tractors.
Obviously this is just the tip of
the iceberg that is the maze of
The Arkansas Supreme
laws affecting home builders
Court however disagreed
and developers in Arkansas
and stated, “…Under the
plain wording of the statute, and the law changes almost
weekly as new court cases are
to the extent that Ladd
(home owner) has ordered decided by the Arkansas Sumaterials or services dipreme Court and Arkansas
rectly from Hammerhead
Court of Appeals and I will
(residential contractor),
strive to keep you up to date
those transactions constieach month as new cases are
tute direct sales, and Ham- decided.
merhead (residential conThank you, J. Don Overton.
tractor) is not required to
give Ladd (home owner) the
PAGE
5
Arkansas Home Builders Association
Welcomes their New Executive Vice President
Vicki Pickering was recently named to the post of
Executive Vice President of the Arkansas Home
Builders Association. Vicki, a resident of North
Little Rock, Arkansas, is a licensed attorney that has
spent most of her career in government service,
most recently serving as an Administrative Law
Judge for the Arkansas Department of Health.
Vicki’s career in the construction industry began
when she was hired as the first full-time attorney
for the Arkansas Contractors Licensing Board in
1997. While working there, she was involved in the
enactment of the initial Arkansas legislation regulating residential contractors, Act 950
of 1999. After taking a break to become a full-time Mom to her two daughters, now 16
and 18, Vicki returned as the attorney for the Board in 2007 and served until September, 2013. During this tenure, she participated in the legislation requiring the licensing
of remodelers and was instrumental in the enforcement of this law. Through her experience, Vicki became very passionate about the protection of the residential construction industry and the consumer through the promotion of higher standards, while
recognizing the need for affordable housing.
Vicki is excited about the opportunity to work for the great members of the Arkansas
Home Builders Association and is looking forward to the possibilities of the future.
Vicki McNatt Pickering
Executive Vice President
PAGE
6
THE AMAZING
R.A.C.E.
Recruit. Attend. Call. Engage.
Second Quarter
April—June
◊
Recruit
Attend
Attend One Event = 3 Pts
◊
Call
Submit a New Member Lead = 3 Pts
◊
Engage
Share the HBA Facebook Page = 5 Pts
Q2 SPONSORED BY:
1st—$100
April
Number of Members Recruited #______
Number of Renewal Calls #_______
Submitted New Member Leads # _______
Shared HBA Facebook # _______
Contact a New Member (3 points) ________
Events Attended:
3-Hole Washer Toss Tournament _______
One New Member = 10 Pts
◊
Q2 R.A.C.E. Opportunities
May
Number of Members Recruited #_______
Number of Renewal Calls #_______
Submitted New Member Leads # _______
Shared HBA Facebook # _______
Contact a New Member (3 points) ________
June
Number of Members Recruited #______
Number of Renewal Calls #_______
Submitted New Member Leads # _______
Shared HBA Facebook # _______
Contact a New Member (3 points) ________
Events Attended:
TEC Electric Mix and Mingle _________
3rd Annual Trap Shoot __________
2nd—$75
3rd—$50
PAGE
7
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ENEWS.
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Ads are FULL COLOR!
1st Annual LP 3-Hole Washer Toss
Thank You Teams &
Sponsors!
Our Members… The Very Heart of our Association!
PAGE
9
3-in-1 Membership
Welcome New Members!
Local Benefits
FREE
C & F Flooring and Rug Gallery
Rachel Hall
Archer Integrated Systems
Kevin Willis
2206 Cantrell Road
Little Rock, AR 72202
Phone: 501-399-9909
Fax: 501-399-9908
advtrvl@sbcglobal.net
candfcarpet.com
Member Type: Flooring
3013 Corporate Center Drive
Bryant, AR 72022
Phone: 501-653-2444
Kevin@ais-ar.com
Member Type: Alarm Security
Mix & Mingles
Monthly Housing
Data
FREE
Lunch & Learns
HOME SHOW
Discounts
Thank You for Renewing!
Alpha Counter Tops
At Home in Arkansas
Blann Miller Inc.
Bret Franks Construction
Byars Construction
Joe Arnold Audio
Kaycan Building Products
Lumber One Home Center
McPherson Electric
Outside Effects, Inc.
Rausch Coleman Mid Ark LLC
Standard Abstract and Title Co.
of Maumelle
T Alvin Eanes Building Co Inc.
Thank Your for Your
Continued Support!
Continuing Education
Opportunities
State Benefits
Member-Only
Insurance Program
Builder & Remodeler
Rebate Program
National Benefits
Government Relations
Local—State—National
Please notify the HBA office if you
have any changes with your Membership information (phone number,
email, address, etc.)
FREE Legal Advice
Hotel & Rental Car
Discounts
$500-$1000
GM Discount
PAGE
10
3rd Annual Trap Shoot Registration &
Contact Information
Event & Education Calendar
M AY
11—Membership Committee Meeting 11:00am
30—HBA Office Closed (Memorial Day)
JUNE
7—Board of Directors Meeting, 3:00 pm
9—TEC Electric Mix & Mingle 5:30-8:00 pm
18—3rd Annual Trap Shoot
TEC Electric
Mix & Mingle
June 9th
5:30-8pm