August 2018 Newsletter Print

Golf Tournament

Join NARI Diablo Valley at the 6th Annual Charity Golf Tournament. Help Support Harbor House!

Big Shout out to our Current Sponsors!

  

 Frontier Bay Insurance      Hole In One International  

CHARITY GOLF INTERNATIONAL          

 
REGISTER TODAY FOR SPONSORSHIP AND GOLF  

Hole in One Prize is $10,000.00!
Each golfer has a chance to win a $500.00 Visa Gift Card!
Each golfer has a chance to win a set of Calloway X- Series Irons!
Each golfer has a chance to win a 50" 4K Ultra HD Series TV!

When: September 21, 2018
Time:   1:00 PM - 8:00 PM
Where: Boundary Oaks Golf Course, Walnut Creek

Charity: Harbor House

For Sponsorship and Golfer Information: CLICK HERE

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News

Exciting Member News
Member Brian Trowbridge of Trowbridge Law Office and his wife Diana welcome their first baby, lovely Cecelia Camacho Trowbridge in July 2018.

Member Sheeja Nair of Raashi Design was awarded the title "Award for Excellence" in: Contemporary Home Design - 2018
by LUXlife Magazine 2018 LEADING DESIGNERS AWARD

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Education

Certified Kitchen and Bath Remodeler (CKBR)

Starts August 30, 2018

The Certified Kitchen and Bath Remodeler (CKBR) online study group will develop your knowledge in the fundamentals of managing kitchen and bath renovations:

  • Sound business operations and procedures necessary for operational efficiency and increased profitability
  • Key financial indicators a remodeler/business owner must manage
  • Various marketing tools kitchen and bath remodelers use to promote their services
  • Navigating building codes and communicating with code officials
  • Job site evaluation and identifying hidden defects and unknown conditions
  • Capabilities of the various trades required on the kitchen and bath remodeling project and how to determine if the work is performed correctly

The CKBR Study Group serves as a preparatory study group for CKBR Certification.
ENROLL TODAY

Certified Remodeling Project Manager (CRPM)

Starts September 12, 2018

The Certified Remodeling Project Manager (CRPM) online course will develop your knowledge in the fundamentals of managing remodeling projects:

  • Project planning
  • Project cost management
  • Risk management
  • Personnel management
  • Quality assurance
  • Record keeping
  • Communication and client satisfaction

The CRPM course serves as a preparatory course for CRPM Certification.
ENROLL TODAY

Complimentary Webinars

How to Close More Sales in Less Time!

September 20, 2018 Noon CT


Join 2020 product expert Vanessa DeKoekkoek for a complimentary webinar and discover how you can enhance your dynamic business and become more profitable and productive.

What you can expect to learn:

  • Learn how to define the right sales process for your business
  • Discover the technological tools you need to improve your design and sales process
  • Uncover quick, easy and inexpensive ways of implementing Virtual Reality in your presentations
  • Learn how to shorten your sales cycle by better engaging your customers and closing sales in less time

REGISTER

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Legal News

Contributed by Bryant Byrnes of The Law Office of Bryant Byrnes and Brian Trowbridge of Trowbridge Law Office.

Dammit, Your Mother and I Told You . . .

Again this is the summer silly season.  Which means during the summer months news is slow and we in the press try to do as little as possible. 

So as we typically say at this time of the year. . .   In previous months we have seen some of the same old problems.  (Which is true.)  As we continue to ride the greatest economic boom in the history of the United States (ten years and counting) and dread the inevitable downturn, we again address a number of problematic things we have seen - and continue to see - since time began.

Perhaps the new Supreme Court Justice Brett Kavanaugh will save us, but the New York Times and Las Vegas think that won’t happen. 

Change Orders.  We continue to receive calls/emails from concerned general contractor clients.  They state that at the end of a job their clients are refusing to pay the final bill because some of the change orders were not signed.  Indeed, some of these clients and even their counsel claim that this lack of signed change orders voids the contract. 

Appearing for perhaps the fifth time in this column, the statute on point states:

            California Business and Professions Code Section 7159.6.  

            (a) An extra work or change order is not enforceable against a buyer unless the change     order sets forth all of the following:

            (1) The scope of work encompassed by the order.

            (2) The amount to be added or subtracted from the contract.

            (3) The effect the order will make in the progress payments or the completion date.

            providing written authorization.

            (c) Failure to comply with the requirements of this section does not preclude the recovery             of compensation for work performed based upon legal or equitable remedies designed to       prevent unjust enrichment.

Please note the mushy statutory language; it is common with California Business and Professions Code contractor sections.  Translated, to the extent that it can be translated, the section states that change orders are supposed to not only be prepared before the work but also signed before doing the work. 

We gently draw the reader’s attention to the last section (c).  It states if the contractor performs a work of improvement that benefits the client with or without a signed change order it may still be entitled to some compensation.  This is an equitable claim, meaning that if the work performed under the unsigned change order provided value to the homeowner, the contractor should still be compensated in line with the value provided.

 The Take-Away.  The main contract is certainly not voided by unsigned change orders.  And while the contractor may not get as much it would with a signed change order and its markup, it is certainly entitled to the market value of the improvements conferred.

California Business and Professions Code,  the CSLB, and Statutorily Compliant Home Improvement Contracts.    There are a ton of mandated statutory notice and disclosure requirements, most found in California Business and Professions Code Section 7159.  Fifty notices?  A thousand?  No one really knows.  The vast majority of home improvement contracts do not contain all of them.  As time has gone on, these statutory notice and disclosure requirements have made home improvement contracts look like the 500 pages of documents one gets when signing off on the purchase or sale of a home.

Does the failure to comply with including all notices void the home improvement contract?  The short answer is no.  If you do the work, you can and should get paid.  However, the failure to provide the three day right to cancel, when required, could allow the homeowner to cancel the contract at any time.  So please do not forget to include the three day right to cancel notice.

There is a downside to not being in compliance.  If a homeowner makes a complaint to the CSLB and the CSLB accepts it, non-compliance can be grounds for an investigation and possibly fines.  It can also impact a contractors ability to settle a civil dispute, whether in court or arbitration.

How To Become in Compliance.  We are sorry to say in this case you really need to consult with a construction attorney; it is that complicated.

Next Month.  We will discuss the fact that permits cannot be waived – by the contractor, by the client, by any party to a construction project.

Announcement.  Brian and his wife Diana welcome their first baby, lovely Cecelia Camacho Trowbridge.

****************

Bryant H. Byrnes, Esq. practices construction law in the San Francisco Bay Area and is counsel to the San Francisco NARI Board of Directors.

Brian J. Trowbridge, Esq. of Trowbridge Law Office practices construction law, business law, succession and estate planning, and employment law in the San Francisco Bay Area. 

Questions? Feel free to contact Bryant by email at Bryant@bryantbyrnes.com.  Brian’s website is www.trowbridgelawoffice.com and you can email him at btrowbridge@trowbridgelawoffice.com.

For Bryant and Brian’s previous articles, please visit SFBA NARI’s website and click on the link “In the News/Newsletter” under “For the Trade.” They are also available on his website under “Articles,” and on Brian’s website under “Publications.”

As always, these articles are summary discussions only - to simply give you a heads up on various construction topics.  The information contained herein is not legal advice.

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Savings for Members

HOME DEPOT REBATE PROGRAM

NARI Members enrolled in The Home Depot PRO Rewards program earn an average of $1,973 every year in rebates.

It’s a program that covers the cost of your NARI membership and then some! 

With The Home Depot PRO Rewards program, you’ll receive all the great benefits of The Home Depot PRO program, plus an extra 2% back on all purchases. It’s literally free money on purchases you’re already making. Watch the video to learn more about the benefits of this program.

We know you buy a lot of materials. To earn your 2%, you need to spend a minimum of $12,500 during 6-months (Jan-June and July-Dec). Once you pass the spending threshold, you automatically receive a check for 2% of all tracked purchases.

Already a NARI Member? Get started earning rebates today!

You will need to log in to access the NARI agreement code and link for The Home Depot Program. Sign Up

For more ways to save money as members click here

Not a NARI Member? Join today and start accessing this exclusive program.  

Once your membership application has been approved. Don't forget to log in to sign up for this great NARI member benefit. Join Today

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Newsletter Publishing Information

NARI of Diablo Valley
Newsletter Publishing Information
 
The NARI of Diablo Valley Newsletter is published monthly by the Diablo Valley Chapter of NARI, Inc.   Copyright 2018.  All rights reserved.  Statements of fact and opinion contained herein are the responsibility of the authors and do not necessarily of the options or agreement of the Editor, Board of Directors, staff or membership of NARI of Diablo Valley.
responsibility of the authors and do not necessarily of the options or agreement of the Editor, Board of Directors, staff or membership of NARI of Diablo Valley.
 Comments/Questions: Please send an email to: chapterexec@naridiablovalley.org.  Thank you for your continued support.
 
Sincerely,
Christine Cummings-Walters
Executive Director
NARI of Diablo Valley

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