builders association of the hudson valley · pdf file6 builders association of the hudson...

A monthly lookat issues thataffect your business

Inside . . .

Page 2 . . .Fall Seminars

Page 7Survey Says . . .

5New Members

Page 22Market News

Page 25 . . .Gov’t Affairs

Page 29Pinnacle Awards

BAHV,Strober Building Supply,

Guardian Installed Services Inc.present

GMM/Casino Nite 2007A “Special Event” General Membership Dinner

Cheers, laughter, excitement, fun….it will all be there at a special BAHVGeneral Membership/ Casino Nite.

After check in, visit our sponsor display tables, or grab a bite to eat at thebuffet dinner from 6:00—7:45 p.m. or go directly to the gaming tables.Everyone gets some “play money” to start, (with extra $$$$ available at TheBAHV Bank) and you’re off to the blackjack tables, the slots, roulette, craps,wheel of fortune or one of the two the Texas Hold ’em tourneys (Officialtournament for the trophy & bragging rights starts at 7 p.m.) As the eveningdraws to a close (coffee & dessert at 8:15 p.m.), trade in your bucks fortickets to win one of the outstanding gifts in the Prize Gallery.

Bring your co-workers and friends to an enjoyable, fun evening at theBAHV GMM/Casino Nite!

Tuesday, October 9, 2007at

Anthony’s Pier 9Route 9W in New Windsor

Time: Tab:6 - 9 p.m. Cash Bar $49.00 If You Prepay

$55.00 If You Pay At the Door$60.00 If You Are Billed (members only)

Sponsored in Part By:

Strober Building Supply, Guardian Installed Services Inc.Hopewell EZ Storage, Wyndham Homes, Warwick Resource Group,

Leibert’s Royal Green Appliance Center

Reservations Appreciated!

Builders Association of the Hudson Valley

NEWSBAHV • 1161 Little Britain Road • New Windsor, NY 12553 • (845) 567-6600 • Fax (845) 567-1166

Website: www.hvbuilder.com • E-mail: [email protected]

BUILDERS ASSOCIATIONof the Hudson Valley, Inc.

1161 Little Britain Road, New Windsor, NY 12553(845) 567-6600 • Fax (845) 567-1166

email: [email protected] • www.hvbuilder.comOFFICERS

President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Luke Regier1st Vice President . . . . . . . . . . . . . . . . . . . . . . . . . . . Eric Abraham2nd Vice President . . . . . . . . . . . . . . . . . . . . . . . . . Angelo FerranteSecretary. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tom SzczepaniakTreasurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Phil GoldsteinPast President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jerry CasesaExecutive Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jean Rowe

BOARD OF DIRECTORS: 2007Richard Esposito . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lisa CarverChris Marth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art Ackert, Jr.Jon Shafran . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rich SavinoMike Guterman. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fred Furnell

Mike Meyers

BOARD OF DIRECTORS: 2008Steve Rieger . . . . . . . . . . . . . . . . . . . . . . . . . . . . Brian RivenburghChick Raspler . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pam CarusoRichard Schunk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Doug Nestler

BOARD OF DIRECTORS: 2009Kurt Kuehner . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tom TripodianosJohn Orcutt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Brian MatthewsPeter Berman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Michael Hartel

LIFE DIRECTORSDan Amatuzzo, Sr. . . . . . . . . . . . . . . . . . . . . . . . . . . Ed DevermanDean Dutcher . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bob HankinJerard Hankin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ian RiegerLouis Ritter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rubin ShafranSteve Reineke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John SteinbergNick Zaharchuk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . David Stenger

Bob MerklHV Build PAC Chairman . . . . . . . . . . . . . . . . . . . . . Jerry Casesa

NYSBA DIRECTORS & ALTERNATES

Vincent Bettina (D) . . . . . . . . . . . . . . . . . . . . . John Steinberg (Alt)Mike Guterman (D). . . . . . . . . . . . . . . . . . . . . . . Steve Rieger (Alt)Luke Regier (D) . . . . . . . . . . . . . . . . . . . . . . . . . Dave Stenger (Alt)Kurt Kuehner (D) . . . . . . . . . . . . . . . . . . . . Tom Szczepaniak (Alt)Chick Raspler (D) . . . . . . . . . . . . . . . . . . . . . . . . . Jim Brooks (Alt)George Busolt (D) . . . . . . . . . . . . . . . . . . . . . . . Mike Meyers (Alt)Jerry Casesa (D). . . . . . . . . . . . . . . . . . . . . . . . . . Chris Marth (Alt)Rick Schunk (D) . . . . . . . . . . . . . . . . . . . . . . . . . Rich Savino (Alt)Jon Shafran (D). . . . . . . . . . . . . . . . . . . . . . . . Sam Rothbeind (Alt)Eric Abraham (D) . . . . . . . . . . . . . . . . . . . . . Angelo Ferrante (Alt)

NYSBA PAC Trustee . . . . . . . Vincent Bettina; Jerry Casesa (Alt)

NYSBA Legal Defense Trustee . . . . . . . . . . . . . . . John Steinberg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jim Brooks (Alt)

NAHB DIRECTORS & ALTERNATESSam Rothbeind (D). . . . . . . . . . . . . . . . . . . . . Vincent Bettina (Alt)Jerry Casesa (D) . . . . . . . . . . . . . . . . . . . . . . . . . . Jim Brooks (Alt)Rick Schunk (D) . . . . . . . . . . . . . . . . . . . . . . . . Eric Abraham (Alt)Mike Guterman (D). . . . . . . . . . . . . . . . . . . . Angelo Ferrante (Alt)Luke Regier (D) . . . . . . . . . . . . . . . . . . . . . . . . . . Jon Shafran (Alt)

NAHB LIFE DIRECTORSBob Hankin Rubin Shafran John Steinberg

NAHB Build PAC Trustee . . . . . . . . . . . . . . . . . . Mike Guterman

GENERAL COUNSELHanig, Handel & Schutzman, Attorneys at Law, LLP

Rider, Weiner & Frankel, P.C.

Builders Association of the Hudson Valley, Inc. October 20072

Upcoming Fall SeminarsCERTIFIED NEW HOME SALES PROFESSIONAL.October 3-5. 9-5 p.m. This professional level course isdesigned for specialists in new home sales. Participants willgain a broad understanding of the home building business andlearn advanced techniques for greeting, closing, andovercoming objections. Designation Credit: CSP, Master CSP.Elective Credit: CMP, MIRM. Continuing Ed Credit: CAPS,CGA, CGB, CGR, GMB. Approved for 11.5 CEU hours NYSReal Estate Licensees. Registration costs - $395 members;$495 non-members. At the BAHV Training Room in NewWindsor. Contact Barbara Carpenter at NYSBA REF for moreinformation at 518-465-2492.

NAHB REMODELING SHOW 2007. October 7-12, 2007at the Mandalay Bay Convention Center in Las Vegas.Seminars, displays, certification courses, Register on line atwww.nahb.org.

NY CONSTRUCTION LIEN LAW. Thursday, October 11.8:30 – 10:00 a.m. in the BAHV Training Room in NewWindsor. Presenter Tom Tripodianos, Esq. of Welby, Brady &Greenblatt LLP had a full house for his August 21 session, sowe had to book another date to try to accommodate everyonewho wants to hear his very informative seminar on Lien Lawsin New York. Cost is just $20. per person. Seating is limited.Registration form enclosed with this newsletter.

CODE PRIMER FOR BUILDERS. Tuesday, October 16.8-12:30 p.m. at the BAHV Training Room in New Windsor.Changes and Updates to the Residential and EnergyConservation Construction Codes of NYS. Cost is $185 forNYSBA members. Participants get a copy of the new ICCbooks. Register with the enclosed flyer or by contactingBarbara Carpenter at NYSBA REF in Albany at 518-465-2492 ext. 112. Seating is limited.

NAHB CUSTOMER BUILDER SYMPOSIUM. October26-28 at the Naples Grande Resort & Club in Naples, Florida.Educational courses, house tours, networking. For registrationinformation and the complete schedule, visitwww.nahb.org/custom.

BAR – Your first step to CGB. Thursday, November 8.8:30 – 12:00 noon. The Builder Assessment Review is yourfirst step towards obtaining the prestigious Certified GraduateBuilder designation. This comprehensive assessment willmeasure your expertise in the four key areas of the buildingindustry: Building Technology, Business & Finance, ProjectManagement and Sales & Marketing. Registration costs -

(Continued on page 3)

Builders Association of the Hudson Valley, Inc. October 2007 3

Upcoming Fall Seminars(continued from page 2)

$195. At the BAHV Training Room in New Windsor. ContactBarbara Carpenter at NYSBA REF for more information at518-465-2492.

PREP – Professional Remodeler Experience Profile.Thursday, November 8. 8:30 – 12:00 noon. PREP – theprofessional remodelor experience profile is the required firststep in the process of becoming a Certified GraduateRemodelor (CGR). It is a three hour, 130 multiple choicequestion assessment that measures a candidate’s knowledge infive core areas of remodeling business management.Registration costs - $195. At the BAHV Training Room inNew Windsor. Contact Barbara Carpenter at NYSBA REF formore information at 518-465-2492.

CLOSE WITH CONFIDENCE. Essential ClosingStrategies. Wednesday, November 14 at the BAHV TrainingRoom in New Windsor. Course provides an opportunity topractice, drill and rehearse the key words and phrasesappropriate in sales situations. Designation Credit: MasterCSP. Continuing Ed Credit: CMP, MIRM. Registration is $165for members; $275 for non-members. Contact BarbaraCarpenter at NYSBA REF for more information at 518-465-2492.

BUILDING HOUSES AND BUILDING SALES. HouseConstruction as a Selling Tool. Thursday and Friday,November 15 & 16 at the BAHV Training Room in NewWindsor. Designed with sales in mind, this course provides anoverview of the process of planning developments andindividual homes. It also reviews types and methods ofconstruction. Designation Credit: Master CSP. Elective Credit:CMP, MIRM. Continuing Ed Credit: CAPS, CGA, CGB, CGRand GMB. Registration is $340. for members; $440 for non-members. Contact Barbara Carpenter at NYSBA REF formore information at 518-465-2492. v

Do Business with BAHV

Members FIRST !

4 Builders Association of the Hudson Valley, Inc. October 2007

Mixed Notes• Special thanks to Jon Shafran of JK Development for helping outon the recent Orange County United Way Day of Caring and sharingthe credit with the Association. Though they misspelled his name inthe newspaper following the event, we knew it was Jonathan.

• Is there some kind of special meaning if a house is sportingone of those giant stars that I see throughout the Valley? Am Imissing something or is it really just a décor thing?

• Did you get an email claiming that your cell phone is aboutto be assaulted by telemarketing calls because of a new cellphone number database? Those claims are not true. Federallaw prohibits telemarketers from using automated dialers tocall cell phones. You can place your home number (and yourcell phone if you really want to) on the National Do Not CallRegistry by going to www.donotcall.gov. Once your number ison the list for 31 days, you should not receive telemarketerscalls. This lasts for five years, and then you have to renew.

• Thank you to Mike Guterman for donating back his Septemberdinner raffle winnings to the BAHV Scholarship fund. So did JeffKelly of Universal Forest Products. Very generous of you both.

• Congrats to Steven L. Tarshis, Joseph A. Catania, Jr. andSteven I. Milligram who were nominated and selected to befeatured in the September 2007 edition of New York SuperLawyers – Upstate Edition magazine featuring the top 5% ofattorneys in Upstate New York. Super Lawyers is an annuallisting of outstanding lawyers who have attained a high degreeof peer recognition and professional achievement.

• Fuss & O’Neill is pleased to announce the addition of TroyWojciekofsky, PE to their Poughkeepsie staff. Formerly withThe Chazen Companies, Troy is Senior Project Manager with17+ years of experience in civil engineering and landdevelopment projects. Call him at 800-286-2469 ext. 4213.

• The Orange County Veterans Coalition is still looking forsponsors for their “Salute to the Big Bands” set for Sunday,November 11 (Veteran’s Day) at the Paramount Theatre inMiddletown. Contact Tony Zippo at 111 Craigville Road inGoshen to sponsor or order tickets at $20 each.

• Ever think about having your company sponsor a GeneralMembership Meeting? Cost is just $500 and you get: twotickets for the dinner, a table to set up a display during thecocktail hour, ability to put handouts on every table, threeminutes at the podium during the meeting to promote yourcompany, and your name on the front of the monthlynewsletter as a meeting sponsor. If you are interested, contactthe BAHV office to firm up a date.

• Prudential Serls Prime Properties is pleased to present their6th annual Sunshine Kids Gala set for Friday, October 5 from7-11 p.m. at the Powelton Club. This black tie charitable eventbenefits kids with cancer and is just $125 per ticket. ContactDebbie Domber at 223-0748 for more information.



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Mixed Notes(continued from page 5)

• The BAHV has a limited number of copies of the NAHBModel Green Home Building Guidelines available for pick upat the office in New Windsor for builder members. Call toreserve your copy.

• Did you know that 811 is a new federally mandated N-11number designated by the FCC to consolidate all local “CallBefore You Dig” numbers and help save lives by minimizingdamage to underground utilities. One phone call to 811quickly an easily begins the process of getting undergroundutility lines marked. Local one-call center personnel will thennotify affected utility companies, who will continue to markunderground lines for free. Thanks to Central Hudson forsharing this reminder with members. v

v v v v v v v v v

BAHV Community Service Month31 Days to Help

It’s time for our fifth Annual Community Service event. Thisis a wonderful opportunity for our members to reach out intotheir communities and support a project of their own choosing.

What kind of projects? Some sample projects include: hold ablood drive, collect clothing for the needy, work on a Habitatfor Humanity house, organize a food drive, clean up a localstretch of road, build a ramp for a handicap person, sponsor alocal children’s sports team, collect Toys for Tots, donate acheck for a worthy cause, do repairs at a needy senior’s home,foster a pet in a shelter…. It’s your choice!

We’ll spread the word on your efforts, as well as the fact that youare a member of the BAHV, through a series of press releases.It’s a winning situation all around for you, the Association, andin particular, the recipient of your generous efforts.

Members have asked about a project that they do throughout theyear, but it doesn’t happen to fall within this particular timeperiod. Do they still get credit? If you have recently completed aspecial event, be sure to send in the information. It’s thegenerosity of our members that counts, not the difference of aweek or two, though we would hope that if you have someflexibility that you schedule it during Community Service month.

Take a look at the flyer in this newsletter that includesregistration information and some suggestions for projects.Our goal is 50+ projects from our members during the monthof October 2007. President Luke Regier has signed on for aroad race benefiting a local food pantry and Steve Domber ofPrudential Serls is hosting a Sunshine Kids dinner at thePowelton Club.

Get the credit you deserve and help someone in the process.Take part in the BAHV Community Service Month! v

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“In the city and in the hills,the best Oil Heat is Abbott & Mills.”

Even as studies indicate that agrowing number of householdsare struggling to afford housingthat meets their needs, localgovernments are imposing newfees and costly regulations thatmake it more difficult for manylow- and moderate-incomefamilies to find housing.

A new report from the NationalAssociation of Home Builders onthe impact of government

regulation on housing finds that each $1,000 increase in thecost of a new median-priced home forces 217,000 prospectivebuyers out of the marketplace. The report, which is based onnational mortgage underwriting standards and incorporatesthe latest data from the U.S. Census Bureau, contains detailedresults for more than 300 metro areas.

The study shows that even modest impact fees can have adramatic effect on housing affordability. Local governmentsneed to understand that higher regulatory costs frequentlypush up the price of housing beyond the means of manyteachers, firefighters, police officers and other moderate-income workers.

While cost increases can result from forces far beyond thecontrol of government or government officials, frequently it isspecific government action that reduces housing affordability.For example, any time a local government raises constructioncosts by increasing the price of a construction permit, a tapfee, a proffer or an impact fee, the cost of building a house inthat area rises and affordability is necessarily reduced.

Impact fees and other exactions imposed by localgovernments are supposed to be applied to the provision ofinfrastructure — roads, schools, water and sewer, etc. — inproportion to the impact of the new homes being built. But alltoo often the money collected through such fees is spent onlocal needs that have little relationship to the actual impact ofthe development. In the long run, such fees add to the cost ofall housing, new and used, because when the cost of a median-priced new house rises, prices of existing houses rise too.Affordability across all price levels is reduced wheneverbuilding fees are raised and not just for buyers of new homes.

The analysis found that every $819 rise in fees paid at thebeginning of the construction process — such as an increasein the price of a construction permit, a tap fee, a proffer or animpact fee — adds an additional $1,000 to the final price ofthe home. The differential occurs because when constructioncosts rise, other costs, such as financing costs and brokercommissions, rise in tandem.

Government Regulations Impact Housing AffordabilityBy Luke Regier, BAHV President


The NAHB study found that the number of households whowould no longer be eligible to qualify for a mortgage based ona $1,000 increase to a median-priced home ranges from a lowof 10 in both the La Crosse, WI-MN metropolitan statisticalarea (MSA) and the Ocean City, N.J. MSA, to a high of 4,193in the Dallas-Forth Worth-Arlington, TX MSA.

The numbers vary significantly in each marketplace, and arelargely a function of local income distribution, house pricesand population.

To view a detailed breakdown on how a $1,000 price increaseon a median-priced home affects households in individualmetro markets, go to www.nahb.org/pricedoutcities. The fullstudy is available online at www.nahb.org/pricedout.

Meeting the housing needs of America’s working families is adifficult challenge. Excessive government fees andregulations that drive up the cost of housing make thatchallenge even more difficult, and harm low- and moderate-income working families that struggle to find housing theycan afford. v

v v v v v v v v v

Survey Says . . .Take three minutes

We need your help! It’s been a long time since our last surveyof members, and we want to reach out and get your ideas,opinions and suggestions for Association programs andprojects.

Watch your email for the BAHV Member Survey and takethree minutes out of your day to answer questions onMeetings, Communication, Programs/Special Events,Government Affairs and State & National. It goes veryquickly with our new Voter Voice program and your input isreally wanted.

At the end of each category is a chance to add comments orsuggestions relating to that section. Let us know what youwant, what you think.

The BAHV Member Survey will be sent to all members forwhich we have an email address. If you need a copy mailed orfaxed, just call the BAHV office and we’ll get one outimmediately.

A summary of survey responses will appear in a future editionof BA News. v

Builders Association of the Hudson Valley, Inc. October 20078

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Eye on the EconomyBy David F. Seiders, NAHB Chief Economist

Update – September 18. Today, the Federal Reserve cut boththe federal funds rate target and the discount rate by 50 basispoints – to 4.75% and 5.25%, respectively These steps dropthe bank prime rate to 7.75% and add substantial liquidity tofinancial markets that have been under serious stress sinceearly August.

The statement issued by the Fed’s policy committee (theFederal Open Market Committee) stressed that the recenttightening of credit conditions “has the potential to intensifythe housing correction and to restrain economic growth moregenerally.” The FOMC statement went on to say that today’sactions are intended to help forestall adverse effects offinancial market disruptions on the economy.

The FOMC statement also said that the Fed will continue toassess economic prospects and “will act as needed to fosterprice stability and sustainable economic growth.” This meansthat additional rate cuts may be implemented before the endof the year, and there’s virtually no chance that the Fed willhike rates in the near future.

The Economy Is Losing Forward Momentum …. U.S.economic output (real Gross Domestic Product) grew at arobust 4.0% annual rate in the second quarter, a nice reboundfrom the anemic 0.6% pace registered in the first quarter ofthe year. Even so, second-quarter growth came to only 2.0%on a year-over-year basis — a substantial downshift from thegrowth registered during the three previous years.

The housing production component of GDP (ResidentialFixed Investment) was a major economic growth engineduring the 2003 to 2005 period, and the abrupt downshift inRFI since early last year has weighed heavily on GDP growthever since. Contractions in industries closely related tohousing production, such as mortgage banking, have added tothe downward pressure on overall economic growth.

The housing downswing still is underway and several othersectors apparently are losing momentum in the third quarter.

We’re currently expecting GDP growth to recede to a 2.4%annual rate this quarter, and we’ve cut our fourth-quarterforecast to 2.0%. We currently peg the probability ofrecession within the next 12 months at 33%, up from 20%several months ago.

The Job Market Is Throwing Off Troublesome Signals …Until recently, the job market was holding up remarkablywell in the face of the pronounced slowdown in GDP growth,and this pattern was particularly striking in the housing sector— implying sizeable downshifts in growth of laborproductivity (output per hour).

But now the labor market also is weakening, suggesting thatthe earlier disconnect simply reflected time lags betweenslowdowns in growth of output and employment.

The employment report for August actually showed a smalldecline in payroll employment of 4,000 jobs for that month,


the first setback in four years, and the employment numberswere revised downward for both June and July.

Indeed, total payroll job growth averaged only 44,000 for theJune to August period, down from 147,000 for the first fivemonths of the year. And although the unemployment rate heldat a comfortably low 4.6% level in August, this stabilitymasked large declines in both household employment and thecivilian labor force — both troublesome signs on their own.

NAHB’s forecast shows a gradually increasing unemploymentrate and subpar growth of less than 1% in payroll employmentduring the balance of this year and the first half of 2008 asGDP growth proceeds at a below-trend pace.

We expect to see better labor market performance during thesecond half of next year and in 2009 as the drag from housingeases off and GDP growth picks up.

Financial Market Turmoil Is Taking a Toll on HousingActivity … The progressive meltdown in various componentsof the home mortgage market since early this year has beendelivering serious hits to both gross and net home sales,provoking the serious 2007 downleg in housing starts andResidential Fixed Investment. The problems began in thesubprime sector, quickly moved through the Alt-A market andmost recently infected the jumbo market — loans above the$417,000 conforming loan limit.

A special NAHB survey of single-family home builders,conducted in the latter part of August, showed serious negativeimpacts on home sales as well as renewed upward pressure onsales cancellations. Indeed, the reported impacts of tighteningmortgage lending conditions were even more serious than wehad found earlier in the year.

The most serious problems were reported by the largecompanies that start more than 100 units per year and by


Eye on the Economy (Continued from page 9)

companies in the West region — presumably reflecting thefreeze-up of the jumbo mortgage market in August.

Mortgage Problems Are Infecting Other FinancialMarkets … This year’s financial market turmoil is basedheavily on deep credit problems in the U.S. subprimemortgage market, and large losses are being taken onmortgage-related securities around the globe.

These experiences have reminded the investment communityof credit risks in other parts of the financial markets, kickingoff a broad-based flight to quality.

Some credit markets have virtually shut down in the process— the asset-backed commercial paper market is a goodexample — and quality spreads have opened up in mostmarkets, including the corporate bond market.

Fortunately, the flight to quality also has driven down theentire Treasury yield curve. This has kept rates on things likeprime conventional conforming mortgages and high-gradecorporate bonds close to levels prevailing before the mostrecent round of turmoil, despite considerable widening ofspreads to comparable maturity Treasuries.

But most other rates have risen in absolute terms — includingrates on subprime, Alt-A and jumbo mortgages as well asrates on lower-rated corporates.

These changes definitely are cutting into housing marketactivity and overall economic growth.

The Fed Is Poised to Act Decisively … So far, the FederalReserve has reacted to the financial market upheaval primarilyby keeping the federal funds rate on or below target (5.25%),by cutting the penalty rate at the discount window by 50 basispoints, and by amending the Federal Open Market Committee(FOMC) statement to accentuate downside risks to the realeconomy while downplaying earlier concerns about upwardinflation pressures.

The Fed almost certainly will cut its target for the federalfunds rate at the next FOMC meeting on Sept. 18, and ourcentral bank stands ready to make further adjustments downthe line if the economy seems to be slipping toward recession.

NAHB’s current forecast assumes quarter-point rate cuts atthe next three FOMC meetings — putting the federal fundsrate at 4.5% by year-end.

This will put the real (inflation-adjusted) funds rate at about2.6%, a modestly stimulative position, and the Fed still wouldhave leeway to deliver more monetary stimulus should thesituation demand further action.

The Housing Forecast Takes Another Hit … Theseriousness of the recent turmoil in mortgage markets, andgrowing evidence of erosion of house values in more andmore housing markets, apparently have combined to sendmany prospective home buyers to the sidelines. And FedChairman Ben Bernanke recently pointed out that an easing ofmonetary policy is no quick fix for the U.S. housing market intoday’s financial market environment.

These realities have provoked yet another cut to NAHB’shousing forecast. We now expect total housing starts to bedown by 23% in 2007 and an additional 10% in 2008.Residential Fixed Investment now declines by 17% in 2007and 12% in 2008.

We’re still viewing 2009 as a solid recovery year — withhousing starts up by 12% and RFI posting a 6% year-over-year gain — but considerable uncertainties still surround ourbaseline (most probable) forecasts. A free preview of NAHB’sExecutive-Level Forecast is available online. v

v v v v v v v v v

Do Business With Members . . .First

It’s a way to say thank you to new members for joining theBuilders Association. It’s a way to say thank you to currentmembers for renewing their membership in the BAHV. Andit’s a way to encourage all members to get quotes and dobusiness first with other BAHV members.

And best of all, IT’S FREE!!!!

Enclosed with this newsletter is a simple form to complete,with contact information, your discount/offer and terms,along with the expiration date. It’s all pretty straightforward.

Offer a 10% discount, offer a flat $50 off, offer a free lunchon Tuesday, offer whatever you want, but complete the form,get it back to us by October 31, and let’s pull together aspecial package for all Association members.

Any questions, call the BAHV office at 845-567-6600. v


NAHB’s Fall Board of Directors Meeting … in Seattle in earlySeptember focused primarily on the strategy our association ispursuing to help resolve the mortgage credit crunch.

Employing an all-new format this time around, the one-dayevent was designed to be more engaging, more interactive andmore efficient than that of previous board meetings, all of whichmet with the approval of attendees. New staging and lightingelements, an increased focus on multimedia presentations and acondensed schedule were just some of the many obviouschanges, more of which are to come in the future.

NAHB President Brian Catalde, having flown to Seattleimmediately following a closed-door meeting with FederalReserve Chairman Ben Bernanke, provided board memberswith a complete report on the actions that NAHB is taking tohelp resolve the liquidity crisis in mortgage markets – includingmeeting with key government officials such as Bernanke aswell as representatives of major lenders and credit ratingagencies; pushing OFHEO to extend portfolio caps for FannieMae and Freddie Mac; pursuing needed FHA reform measuresin Congress; developing new resources to help our membersthrough this difficult time; and coordinating our response to thesituation with other industry stakeholders. At the conclusion ofthe meeting, the NAHB Board signaled that finding a resolutionto the crisis at hand is our top priority and cemented ourstrategy for going forward by approving an importantResolution titled “Addressing the Mortgage Credit Crunch”that urges numerous and specific actions to be taken or exploredby government officials and regulators.

Immediately prior to the Board meeting, NAHB released astatement in support of policy changes announced byPresident Bush on Aug. 31 that are designed to help thegrowing number of home owners who are facing default as aresult of the subprime mortgage crisis. The plan to allow theFHA to insure refinance loans for some struggling borrowers,coupled with the Bush Administration’s urging of Congress topass legislation that would modernize the FHA, is a good firststep, Brian said in the statement. Also, when Augustemployment figures released on Sept. 7 showed the firstdecline in U.S. payroll employment in nearly four years,NAHB issued another statement urging government action toprevent further deterioration in the housing market anderosion of growth in the nation’s economy.

Other highlights from Seattle included adoption of threeadditional policy resolutions (see item below) as well as aresolution declaring Sandra J. Dunn as NAHB’s newPresident-Elect; approval of the FY2008 budget including athree-year, $2.3 million branding revitalization initiative andfunding for a new green home building designation program;rollout of a refreshed online member resource called the

NAHB ReportBy Brian Catalde, NAHB President and Jerry Howard, NAHB Executive VP & CEO



Toolkit for a Challenging Housing Market (story below); anda special builder panel on “Weathering the EconomicDownturn”. In all, it was a productive and successful week forthe NAHB leadership as we worked to improve the businessclimate for all of our 235,000 members.

Sharing advice about weathering an economic downturn,veteran builders assembled for a special panel discussionduring the Fall Board of Directors Meeting in Seattle last weekin hopes of helping their fellow colleagues. Thinking back tothe deep recession of the early 1980s, when the housingindustry was faced with 17% mortgage rates, as well as thedownturn of the early 1990s that was accompanied by acollapse of the Savings & Loan industry and a severe creditcrunch for construction and development loans, panelmembers agreed that, no matter the cause of the problem, thereare strategies that builders can follow to strengthen theirbusiness during a downturn.

Moderator and Albuquerque-based builder Michael Sivagewas joined by Tulsa-based custom builder and high-endremodeler Ken Klein as well as Kansas City builder anddeveloper Tom Woods; Tacoma builder and developer BobCamp; Hartford, CT-based remodeler Bob Hanbury; andmultifamily property builder, operator and owner SteveLawson from Virginia Beach-Norfolk, VA. Each shared theirparticular insights and helped put the current situation incontext for those who might never have experienced a marketdownturn. Commenting on everything from the conditions thatbuilders can expect to face (“Don’t think that everybody’sgoing to be able to pay you, just like you can’t think that everybuyer who comes through the door will be able to qualify andclose,” said Klein), to ideas for how local associations can helptheir members (Camp suggested that HBAs activate their pastpresidents councils to line up seasoned builders who canprovide practical advice and exchange ideas with newermembers) and possible diversification options (the remodelingbusiness is substantially healthier than the new-home market,said Hanbury), the experts shared their perspectives on thecurrent marketplace and actions they are taking to protect theirbusinesses right now. See the Sept. 17 evening edition of NBNOnline for complete coverage of the builder panel. A CDrecording of the session will also soon be available – orderinginstructions will appear under our newly developed Toolkit fora Challenging Housing Market section on the NAHB Web site.Contact: Jay Shackford, x8406.

NAHB Member Benefit: With the understanding that manyof our members have never been through a market downturn,NAHB convened this expert panel to provide solid advice andinsights that members of the NAHB leadership can take home



and share with their members. Due to the strong amount ofinterest in this offering, NAHB will likely hold a similar paneldiscussion during the International Builders’ Show inOrlando this February. Stay tuned to this report for details.

A newly updated resource for NAHB members … wasrolled out at the Fall Board meeting. “Back to Basics -NAHB’s Toolkit for a Challenging Housing Market” is anonline collection of articles, analysis and advice. Developedexclusively for NAHB members, the toolkit focuses on threemajor areas, including sales and marketing, finance, andbusiness management. While there’s no “magic bullet” forweathering the current downturn, the fresh and updatedresources in this toolkit can help keep you ahead of the curve.Visit www.nahb.org/toolkit (note: you must be logged in as amember on NAHB.org to view the materials posted here).Contact: Jackie Jackson (x8062).

NAHB Member Benefit: Developed by a wide range ofexperts across the NAHB federation and available exclusivelyto NAHB members, this online business resource containsvaluable information on tried-and-true benchmarkingstrategies; financing tools to help sell your homes; marketingcampaigns and research; internet advertising; constructionfinancing and other topics.

Resolutions approved at the Board meeting to becomeofficial NAHB policy included the following:

1) Resolution 1: Addressing the Mortgage Credit Crunch

2) Resolution 2: Federal Davis-Bacon Wage Requirements

3) Resolution 3: Expansion of the National Flood InsuranceProgram

4) Resolution 5: Repeal of Government Contractor TaxWithholding Requirement

NAHB Member Benefit: Through the NAHB Resolutionsprocess, any member or HBA may submit new policyproposals for the Board’s consideration. This process ensuresthat NAHB’s goals, strategies and official policies are thedirect product of its members’ concerns and views and allowsindividual NAHB members to have their voices heard on thenational stage. Please direct any questions regarding theResolutions process to Jay Shackford at x8406.

NAHB’s Quick Issues Index documenting the latestadvances on our top Advocacy issues was updated inconjunction with the Fall Board Meeting in Seattle. It’s nowavailable to all logged-in NAHB members on our Web site.Readers of this report will recall that this particular resourcewas first developed last year as an efficient means of updatingour leadership and providing contact information and Webaddresses telling you where to go for more data on a givensubject. The Quick Issues Index can be found atwww.nahb.org/issuesindex. Contact: Samantha Ehrhart(x8450).

NAHB Report (Continued from page 11)

NAHB Member Benefit: The Quick Issues Index is a handymember benefit that’s aimed at updating you quickly andefficiently about the latest developments on housing-relatedissues and NAHB actions. It is also meant to facilitatecommunication of NAHB’s actions and accomplishments at theHBA level and across our membership. Most importantly, thisdocument, which is updated prior to every meeting of the NAHBExecutive Board, provides you essential links and contacts formore information on any given topic, thereby helping connectour members to NAHB’s substantial expert resources.

The EPA Administrator visited the NAHB ResearchCenter … in August for an up-close look at NAHB’s ongoingefforts on the green building front. Escorted by NAHB VicePresident/Secretary Bob Jones, who is the Senior Officer withoversight for green building, Administrator Stephen Johnsonand several key aides took a tour of the brand new facility,seeing how researchers test and perfect new products for thehome building industry. At the end of the tour, theAdministrator commented on the challenges that are posed bya myriad of disincentives (typically local regulations), whichmake implementing green building efforts difficult or evenimpossible. He noted that he has directed his staff to workwith the agency’s commission on intergovernmental affairs tolook into how to eliminate or minimize these difficulties, andpromised to keep NAHB in the loop regarding the progressthat’s made. NAHB and the EPA each have representatives onthe committee that is working to develop a new ANSIstandard for green building.

Indianapolis tops NAHB’s affordability rankings again …achieving the title of most affordable major housing market foran eighth consecutive time in this year’s second quarter.According to the latest NAHB/Wells Fargo HousingOpportunity Index (HOI), approximately 87% of all new andexisting homes that were sold in the metro area encompassingIndianapolis and Carmel, Ind., during the second quarter wereaffordable to families earning that area’s median householdincome of $63,800. That compares with just 3% of homes soldin the second quarter that were affordable to median income-earners in the Los Angeles-Long Beach-Glendale, Calif. metro,which was named the country’s least affordable housing marketfor an eleventh straight quarter.

On a nationwide basis, housing affordabilty remained wellbelow the levels recorded prior to the price acceleration thataccompanied the 2004-2005 housing boom, although therewas at least some improvement from a year ago. The secondquarter HOI indicated that 43.1% of new and existing homessold throughout the U.S. between April and June of this yearwere affordable to families earning the national medianincome. That’s down marginally from the 43.9% of homessold that were affordable to such buyers in the first quarter,but up substantially from the 40.6% of homes that wereaffordable to median-income earners when higher home


NAHB Report (Continued from page 12)

prices and mortgage rates were in effect during the secondquarter of 2006. See the HOI press release and tables online,or contact Gopal Ahluwalia (x8480) or Rose Quint (x8527) fordetails. For help dealing with media inquiries, please contactPaul Lopez (x8409).

NAHB Member Benefit: NAHB’s quarterly HousingOpportunity Index is a practical gauge of housingaffordability that provides valuable perspective to buildersand home buyers alike. Prior to the time that the HOI isreleased, NAHB contacts most HBA Executive Officers in aneffort to help prepare them for the media attention that may begenerated by the numbers being released in their market. Thisis one more way that NAHB works in tandem with its over 800affiliated HBAs to get the right information about housingmarket conditions out to the local and national media.

Sign up for regular updates on our National GreenBuilding Program … via a newly developed page on our Website that’s a great resource for NAHB members. Visitwww.nahb.org/greenbuildingprogram to see what’s new,check out ongoing educational opportunities, and fill out anonline signup form to automatically be kept in the loop.Contact: Calli Schmidt (x8132).

Farewell to NAHB Life Director Jirair S. Hovnanian,founder of New Jersey-based J.S. Hovnanian and Sons and awell-known veteran of the home building industry who passedon last week. Jirair was inducted into the Builders League ofSouth Jersey’s Hall of Fame in 2006 and was a formerpresident of that association. He also served as president of theNew Jersey Builders Association in the mid-1970s, and washonored to receive the first Legends of Housing award givenby the New Jersey BA in 1999. Last year, he was recognizedwith the presigious Ellis Island Medal of Honor for hisnoteworthy contribution to America and for his outstandingcitizenship. To his great satisfaction, Jirair was able to watchhis company build a home for a deserving family on ABC’spopular reality show “Extreme Makeover: Home Edition” justbefore he died.

Housing starts fell 2.6% in August to a seasonally adjustedannual rate of 1.33 million units, according to the latest figuresfrom the U.S. Commerce Department, reported Sept. 19.Single-family housing starts were down 7.1% for the month toa rate of 988,000 units, which was down just over 27% fromthe same period a year earlier. The report is a sign that buildersare doing what they have to in order to get back on track withsales – cutting back on new production and focusing onreducing inventories by offering a variety of incentives toboost sales and limit cancellations. According to NAHB ChiefEconomist David Seiders, "The housing market is stillcontracting, but [the recent] action by the Federal Reserve tocut the federal funds and discount rate calmed the financialmarkets and sent a message to American consumers that our

central bank intends to ensure that the economy continues tomove ahead. This will help to support housing, especially ifthe Fed takes further action in the months ahead." On the otherside of the coin, multifamily housing starts rose 12.8% to aseasonally adjusted annual rate of 343,000 units in August.This was nearly 18% above the August 2006 rate. Looking atbuilding permit issuance, overall permits were down nearly6% in August to a 1.31 million-unit rate, with single-familypermits down 8.1% and multifamily permits remainingunchanged from July.

NAHB Member Benefit: NAHB conducts regular andextensive media outreach when government housing figuresare released each month to educate reporters about thehistorical context in which numbers should be viewed,discourage sensationalized accounts and ensure that homebuilders' views are represented. NAHB also assists ourmembers in dealing with media inquiries regarding the latestgovernment data.

Builder confidence continued downward this month …amid concerns about the substantial inventory of new single-family homes for sale and the effects that deepening mortgagemarket problems are having on buyer demand, according tothe NAHB/Wells Fargo Housing Market Index (HMI) forSeptember. The HMI fell for a seventh consecutive time thismonth, declining two points to 20. This is equal to its recordlow reached in January 1991 (note: the HMI was initiated inJanuary 1985). Builders surveyed for the HMI indicatedconcern that potential home buyers are getting spooked by themany headlines they are seeing on mortgage market issues anddeclining house prices. The HMI's component index gaugingcurrent single-family home sales was down two points thistime around to 20, while the component gauging salesexpectations for the next six months was down five points to26. The component gauging traffic of prospective buyers heldeven at 16. NAHB's current housing forecast projects thathome sales will return to an upward path by the second quarterof 2008 and that housing starts will begin a gradual recoveryprocess by the third quarter of 2008.

Farewell to two members of the NAHB family who passedaway in recent days. Michael Sumichrast was aninternationally recognized housing economist and served asNAHB’s Chief Economist from 1965-1986. Highly regardedfor his credibility, he is credited with helping make NAHB oneof the most influential trade groups in Washington. Michaeldied of respiratory failure at the age of 86 on Sept. 4. TomBaker was NAHB’s Vice President of Political Affairs and a15-year employee of our association from 1983-1998 who,among other things, ran our BUILD-PAC operation. Tom wasalso a highly regarded professional and spent most of his earlycareer as a Democratic Party operative. He passed away at theage of 75 on Aug. 25. v


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The Path To SuccessBy William A. Brenner, CPA

Each month, William A. Brenner, CPA will provide BAHVmembers with information on a variety of business management,profitability and tax topics. These monthly columns are intendedto increase member awareness and stimulate thought aboutissues that can greatly affect profitability, business growth, andyour quality of life. These discussions provide generalinformation only, and should not be construed as businessconsulting or tax advice. Members are encouraged to contact theauthor with any questions, or to pose topics that they would liketo see addressed in future columns. Any opinions expressed in thiscolumn are those of the author, and not necessarily those of theBuilders Association of the Hudson Valley.

Can the Domestic Production Activities Deduction Work forYou?It has now been several years since the introduction of theDomestic Production Activities Deduction, and I am still shockedat how many eligible businesses don’t take advantage of thisincredible tax saving opportunity.

My guess is that at least half of all BAHV members are entitledto this deduction (builders, subs, architects and engineers, andcomponent manufacturers), which is 6% for the 2007 tax year.How is the deduction calculated? Good question. In a verysimplified example, it works like this – take your qualifieddomestic production receipts, subtract direct costs and anallocation of indirect costs, and multiply the net amount by 6%.For many of you who engage solely in new construction orrenovation this is a no-brainer and the calculation is fairly simple.If your business engages in both eligible and non eligibleactivities the calculations are somewhat more complicated, butstill worth it. This deduction is basically a handout from UncleSam and you should be taking advantage of it.

The deduction applies to anyone involved with the construction ofreal property in the ordinary course of their trade or business. Areal property construction activity is any activity performed inconnection with a project to erect or substantially renovate realproperty. If you are just the CM or GC and don’t actually get yourhands dirty, no problem. Activities such as management andoversight, obtaining approvals, and periodic inspection of theproject and modifications under any change orders all qualify asreal property construction activities. A taxpayer is not required tobe a legally designated or licensed general contractor in order tobe treated as engaged in construction activities.

In addition, more than one taxpayer may be eligible for thedomestic production activities deduction with respect to the sameconstruction project. For example: a general contractor and hisframing sub are both eligible for the deduction on the sameproject. The GC can consider the entire project to be domesticproduction for purposes of his deduction, and the framer canconsider the framing work that his crew actually did for hisdeduction. However, a property owner whose only involvementwas to hire a general contractor and subs to build a residentialcommunity will not qualify for the deduction because they didnot actually engage in construction activities themselves.

For the purposes of this deduction it is important to understandthe scope the term “real property”. Any of the following qualify:

• Residential and commercial buildings• Any structural component of a building• Inherently permanent land improvements• Infrastructure such as roads, sewers, water systems, sidewalks

With the slowdown of new construction sales, associationmembers may be turning to renovations as a source of revenues.Fortunately the domestic production activities deduction alsoapplies to the substantial renovation of real property. Substantialrenovation means the renovation of a major component orsubstantial structural part of the real property that materiallyincreases the value of the property, substantially prolongs itsuseful life, or adapts the property to a new or different use.

For example: If a plumber replaces bathroom fixtures for a customerthe activity doesn’t qualify for the deduction, but if replacing thefixtures is part of a substantial renovation it would qualify.

Substantial renovation doesn’t include mere cosmetic changes,such as painting. However, painting as part of a new constructionproject or substantial renovation would qualify.

OK, so we know that our builder and subcontractor membersmost likely will qualify for the deduction, but what about ourengineers and architects?

They also qualify if their projects involve the building orsubstantial renovation of real property, including not onlybuildings and their structural components but also inherentlypermanent land improvements and infrastructure. Engineeringand architectural activities include feasibility studies for aconstruction project, even if the planned construction project isnot undertaken or is never completed. However, post constructionactivities such as annual audits, inspections, or services related tothe evaluation of real property do not qualify.

If you are an associate member and your business activities don’tdirectly relate to real property, you may still be eligible for this greattax saving opportunity. The deduction was originally put together toprovide incentives for manufacturers to keep their US facilities openand to stop sending US manufacturing jobs overseas. If you are inthe business of manufacturing products that are used in the buildingindustry there is a high probability that you can take the deduction.Examples might include truss manufacturers, cabinet or stairbuilders, and concrete or blacktop plants.

If you are not taking advantage of this tax savings opportunity Istrongly urge you to consult with your accountant and considerwhether or not your business activities qualify. Anytime thatUncle Sam is willing to give a handout we should all be in line toget our share.

Bill Brenner is a manager at the accounting and consulting firm of CitrinCooperman & Company, LLP. Ranked among the top 35 accountingfirms in the U.S., Citrin Cooperman provides business consulting, taxand accounting services to business owners in the Tri-state area andHudson Valley. The Firm has offices in White Plains, mid-townManhattan, and Springfield, New Jersey. If you would like moreinformation on this topic, or if you would like to submit a topic for futurediscussion, please contact Bill by phone at 914-949-2990 or by email [email protected]. v

New Installation Instructions Announced for Steel Tubing


The manufacturers of corrugated stainless steel tubing (CSST) haveissued updated instructions, including an installation requirementthat the CSST system be bonded directly to the building groundingelectrode system.

CSST is widely used in residential and commercial buildings tocarry natural and LP gas within the building structure. Concernsabout a possibility that a close proximity lightning strike may causeelectrical arching, which in turn might puncture the tubing wall,release the flammable gas and result in a fire, have led to the newinstallation instructions.

To learn more about the development of CSST gas piping for theresidential market and the technical requirements for installation ofCSST from its inception to current practice, click here to obtain acopy of a new report prepared by the NAHB Research Center,“Corrugated Stainless Steel Tubing for Fuel Gas Distribution inBuildings and Concerns Over Lightning Strikes.”

Currently, the fuel gas code (NFGC), the electrical code (NEC), theplumbing code (UPC), the ANSI LC-1 product standard for CSSTsystems and the previously issued manufacturers’ instructions allprovide methods for dissipating electrical energy throughtechniques called bonding and grounding.

The new manufacturers’ instructions for CSST specify that anadditional bonding connection must be added between the CSSTpiping and the grounding electrode system at the point where the gas

piping enters the building. The bonding conductor connection mustbe made with a minimum 6 AWG copper wire. This supplementalelectrical bonding is to provide additional protection to the CSSTsystem if it is energized by an indirect lightning strike.

All six CSST manufacturers have issued technical bulletins or otherdocuments to describe the new bonding requirements. It should benoted that the bonding requirements of these manufacturers are notabsolutely identical, but in the opinion of the NAHB ResearchCenter, the dissimilarities appear to be inconsequential.

BE ADVISED: the new CSST manufacturers’ instructions are morestringent than current codes. Users of CSST should follow themanufactures’ instructions, but also should coordinate with localcode officials to avoid inspection delays that might result frompotentially conflicting requirements.

A proposal to modify the bonding requirements for CSST in the2009 NFGC is currently under review. If the NFGC proposal isaccepted and published, the 2011 edition of the National ElectricalCode will contain the same provision.

For more information on the new CSST manufactures’ instructions,e-mail Larry Brown at NAHB, or call him at 800-368-5242 x8565,or contact Joe Wiehagen, 800-638-8556.

This article originally appeared in the August 6, 2007 edition ofNation’s Building News Online. v


In each issue of the BAHV Newsletter, Thomas S. Tripodianos,Esq. will provide our members with answers to theircommercial litigation, real estate and construction lawquestions. Please understand that this column provides generalinformation only, and should not be construed as legal adviceto anyone under any circumstances. The author reserves theright to modify any questions submitted so as to broaden theirappeal. While we encourage you to contact us, you should notdisclose to us any information that you consider confidentialunless and until we have formally established an attorney-clientrelationship, and agreed to represent you in your particularmatter. The opinions expressed in this column are of theindividual author, and not necessarily those of the BuildersAssociation of the Hudson Valley.

Q. Homeowners and Builder entered into a written contractfor Builder to construct a single family home onHomeowners’ property. That contract obligated the Builderto provide labor and materials necessary for suchconstruction in accordance with certain plans andspecifications. Those plans stipulated the type of roof and itsmaterials, including specific shingles of a particularmanufacturer. The contract also provided that the Builderwould “deliver those warranties given under Article 36-B ofthe General Business Law except as may be containedherein.” The Builder constructed the home and was paid inaccordance with the contract. The Builder did not install theshingles as stipulated in the written contract. Rather, Builderinstalled shingles manufactured by another company.

Homeowners also claim that after the completion of thehome problems began developing with the roofing shingles,resulting in some shingles being blown off the roof. Theyfurther claim that they contacted the Builder, who refusedto address the situation. They contacted the manufacturerof the shingles that were installed, which acknowledgedthat the shingles were defective and refunded Homeownersthe purchase price paid by the Builder. Refund of theshingles’ purchase price did not cover installation of a newroof. Homeowners seek compensation from the Builderrepresenting the cost of a new roof less the sum reimbursedby the shingle manufacturer.

Builder claims that he received no written notice of anyalleged shingle defect until almost four years after contractcompletion and that he did replace the shingles that wereblown off the roof but refused to replace the entire roof.

Homeowners rely on a breach of contract theory. Builderasserts the Homeowners’ had to comply with therequirements of article 36-B of the General Business Law,entitled “Warranties on Sales of New Homes.” If theBreach of Contract theory is not available theHomeowners will have no remedy under the warranty asthe defect complained of did not arise within theapplicable statutory one year warranty period.

And The Question Is . . .By Thomas S. Tripodianos, Esq.


Can the Homeowners rely on a breach of contract cause ofaction?

YES. The statutory new home implied warranties imposed byarticle 36-B of the General Business Law apply to customhomes and protect purchasers of such homes. If a home buyerfails to comply with the statutory requirements for assertion ofhis rights under the statutory implied warranty, he has no causeof action for breach of contract based upon the builder’s orseller’s implied obligation of merchantability. Thus, to theextent that Homeowners’ cause of action is based upondefective workmanship and materials predicating a claim thatthe home was not “constructed in a skillful manner as definedin General Business Law § 777(a), the Homeowners’ failure toabide the statutory notice and limitations period would bar theaction. However, Homeowners assert that the Builderbreached the express provision of their contract regarding themanufacturer and type of shingles to be installed This claim isone that is not encompassed within the statutory new homewarranty law, and would not be barred by the written noticeand abbreviated limitations period applicable to most statutoryimplied warranty claims. The six year statute of limitations forbreach of contract governs, absent agreement to the contrary,which is not alleged in this case. Whether the Homeownerssuffered compensable damages is another question.

The Statutory New Home Warranty Law: History andOverview

It has long been cemented in the common law of contracts that,“[a]s a general rule, there is implied in every contract for workor services a duty to perform it skillfully, carefully, diligently,and in a workmanlike manner”. This general rule has also beenlong understood to apply to housing construction contracts.

Traditionally, once the buyer accepted the deed, he absolvedthe vendor of all duties under the sales contract. Under themerger doctrine, all contract obligations ‘merged’ into thedeed when the seller delivered it to the buyer. If the vendorintended to fulfill additional obligations, the parties had to listthe obligations in the deed.

The effect of the merger doctrine was to extinguish claims basedupon defective home construction once the buyer accepted titleto the underlying real estate. Consequently, because of theperceived unfairness and inequity of this result, the Court ofAppeals held that at least in the context of new residential homesales, the merger doctrine applicable upon transfer of title,whether derived from the parties’ contract or otherwise byoperation of law, would not extinguish the implied warranty.

Less than two months after the Court of Appeals decided thatcase the State Legislature enacted and the Governor signedinto law what is now codified as article 36-B of the GeneralBusiness Law, and known as the new home warranty law.


Question Is (Continued from page 20)

After enactment of General Business Law article 36-B, therewas uncertainty as to whether the common law impliedwarranty recognized by the Court of Appeals survived thestatutory enactment. It became and remains clear that thecourts will enforce the notice requirement of the statute as acondition precedent to suit and the abbreviated statute oflimitations applicable to statutory new home warranty claimsand dismiss actions failing compliance with either or both. Assuch, it became inevitable that the case would arise where abuyer unable to establish compliance with the notice or statuteof limitations requirements of the statutory new homewarranty would seek a basis for a remedy outside of thestatute.

That case arose in 1998. More than a year after transfer of title,the plaintiff home buyer discovered defects in the sprinklersystem master pump, as well as in a bathroom drain, handrail,and plumbing fixture. The plaintiff failed to comply with thecondition precedent to suit under the limited warranty given bythe builder under the statute. The Court of Appeals ruled thatthe statutory warranty effected a complete displacement of thecommon law implied warranty in cases where the statute isapplicable and denied the home buyer’s claim.

1 In general, the statutory implied warranty is for one year withrespect to the home generally, two years in the case of majorsystems, and six years with respect to certain defects in load-bearing portions of the home that make it unsafe or unliveable(see General Business Law 777-a). The alleged shingle defectin this case would fall under the one year warranty, not beinga major system (plumbing, electrical, heating, cooling, orventilation) defect as defined in section 777(7) or a “material”(“load-bearing”) defect as defined in section 777(4)

If you would like more information regarding this topic pleasecontact Thomas S. Tripodianos at [email protected], orcall him at 845-294-5500 x 317. Please understand that thiscolumn provides general information only, and should not beconstrued as legal advice to anyone under any circumstances.The author reserves the right to modify any questions submittedso as to broaden their appeal. While we encourage you to contactus, you should not disclose to us any information that youconsider confidential unless and until we have formallyestablished an attorney-client relationship, and agreed torepresent you in your particular matter. The opinions expressed inthis column are of the individual author, and not necessarily thoseof the Builder’s Association of the Hudson Valley. v

2008 NAHB International Builders Show

REGISTRATION NOW OPEN

Date: Wednesday, February 13 – Saturday, February 16, 2008

Where: Orange County Convention Center, Orlando, Florida

Hotels: NYS Hotel Block closes October 26. Reservations on a first come basis.Rosen Center Hotel ($240 per night)Residence Inn by Marriott Convention Center ($167 per night)

Fees: $100 full registration for first time attendees only$350 full early-bird registration until October 26$375 full registration from October 27-January 4$425 full registration on-site

Non-refundable after January 4, 2008.

Register: www.BuildersShow.comReminder: Members must register by October 26, 2007 to request a room in our assignedhotel block and to save $75 on full registration (compared to the onsite full registration fee).Also First-Time NAHB Member Show Attendees can register for only $100.

As one of our builder members notes, “I go every year to the Builders Show, and alwayslearn something there that I can use in my business.”

With the Show in its final year in Orlando (before moving to Las Vegas in 2009), you canfly directly and economically from Stewart Airport in Newburgh. If you have never been tothe Builders Show, you owe it to yourself and your business to go.

R & C CLEANINGPROFESSIONAL OFFICE CLEANING AT YOUR SERVICE

845-473-4645CATHY TEMPLE, OWNER

11 KINGSTON AVENUEPOUGHKEEPSIE, NY 12603

[email protected]

NYS CERTIFIED MINORITY/WOMAN OWNED BUSINESS

LUMBER: Lumber prices remain stable. A few market slightchanges on the wholesale level week to week. Thewoodworkers are still on strike in British Columbia, but dueto the lack of demand that has not affected the street price.

I have been reporting about the Pine Beetle infestationproblem for 2 years now. According to a recent report fromthe British Columbia Ministry of Forests, the bugs havedestroyed 40% of the province’s marketable trees, more than35,000 square miles. This problem will most likely show upin a decline of timber within 5 years. We will be keeping aclose watch on this as unfortunately we are seeing our ownPine Beetle infestation problems in Colorado and the LakeTahoe areas. It seems that controlled burns are the only trulyeffective way of eliminating the beetle. Of course highproperty values and the ‘not in my backyard’ mentality ofhomes built close to these areas means that the idea of burninglarge tracts of forests isn’t popular in the US.

PLASTICS & RELATED PRODUCTS:The price increase that we warned about last month forfiberglass and acrylic bathing modules is now in effect. Theincrease, depending on the manufacturer ranges from 5 to 7%.

Plastic pipe and fitting prices are up slightly. Due to increasedraw material costs (polyfolin and other resins) there may besome increases to expect on certain vinyl products. Talk toyour distributor for any information regarding insulation,vinyl clad windows, doors, etc. as some of these materialsmay be affected.

COPPER & OTHER METALS:Copper commodity pricing is currently trading at around$3.40+ per pound. The metal has been rising over the lastmonth. My guess is that this is due to new orders from theChinese, a strike in a mine in Peru and renewed investorconfidence as they return from summer vacations. The streetprice of copper tubing will rise about 5 to 7% on Thursday9/20/07. Nickel prices slid over the last 2 months. However,this is the cost of the raw material. The previous priceincreases are still rolling through the pipe line. We can expect

further price increases on finished goods that use nickelincluding faucets, stainless steel sinks and security fixtures aswell as stainless steel piping for process work. Rolled steelprice increases are the main culprit in the imminent waterheater price increase that was warned about in last month’sissue of the Market News.

Other metals are varying in price. The prices of scrap metalsincluding steel, & stainless steel are pretty good indicators ofreal market values. Checking with your local scrap metal dealeris a good way to stay current. Another indicator is the price ofsolder. As most solder that is used in the plumbing industry isnow lead free and is an alloy of other various metals, solderprices can represent trends of combinations of metals. Solderprices have risen anywhere from 20 cents to a dollar a poundover the last 2 months depending on the alloy mix.

ENERGY & FREIGHT:Crude oil prices hit an all time high yesterday 9/18/07, closingat over $81.00 per barrel. Prices are expected to increasefurther with prime heating season usage close by and lowerthan hoped for inventories. Natural gas prices go up and downevery day with each threat of a hurricane or storm forming.Hey, that’s why they call it the commodity futures tradingbusiness - it’s never a sure thing.

Let’s talk about bio-fuels. This is becoming bigger news andbigger business opportunities every day. A basic primer: bio-fuels are fuels made of a combination of agricultural productsand gasoline, diesel or fuel oil. Well known to the consumer isethanol gasoline, a combination of ethanol (made in the USfrom corn or other products) and gasoline. Bio-diesel andbiofuels are made from soy and refined oil products.Generally speaking, these hold more promise of return oninvestment, both in manufacturing and in actual efficiency ofequipment. Treated properly, biofuels can burn moreefficiently with less sulfur byproduct in exhausts. Of coursethere is the consumer awareness of the “green” factor here.Fuel oil technicians & delivery people need to get up to speedon the differences between traditional fuel oil and biofuels.Starting out in New England, this winter will see morebiofuels mixed in with fuel oil deliveries. Long term, thebiggest thing to keep in mind is that all these fuels currentlycost more to produce than refined petroleum products alone.Keeping this emerging market competitive are thegovernment subsidy programs that are in place. For example,currently the subsidy on bio-diesel is $1.00 per gallon. Takeaway the subsidy and all of a sudden this market iseconomically unfeasible. Not only will the market for thisproduct collapse, but all the investing by service centers toinstall new pumps and tanks goes down the drain. On onehand we pay more for food products, as items such as cornand soy are detoured to be used for fuel. On the other hand,there are entire industries employing many people devoted tothe cause of weaning us away from foreign oil. During thisnext election year, pay special attention to these subsidy

Market NewsBy Michael Hartel



BAHV Classified Listings

• For Sale. 5 Lot Subdivision with final approval and mapabout to be filed. Located in Southeast, Town of Brewster,Putnam County. 1.6 to 8.3 acre lots overlooking CentennialRidge Golf Course and Reservoir. Requires extensivedrainage, septic and wells, long driveways. Call for details.Perry at 914-737-8308.

• For Lease. City of Newburgh. 20,000 sq. ft. Four storybuilding. 5,000 sq. ft. per floor. Large freight elevator. $4000per month. Contact Rich 845-565-5220.

• For Lease. City of Newburgh. 12,000 sq. ft. Ground Floor.$2500 per month. Contact Rich 845-565-5220.

• For Lease. Vails Gate Business Center. Units that rnage from3,000 sq. ft. to 100,000 sq. ft. 20 ft. ceilings. Separate utilities.$5.00 per sq. ft. NNN. Contact Rich 845-565-5220.

• For Lease. New Windsor. 3,000 sq. ft. Ground Floor. $950per month. Contact Rich 845-565-5220.

• For Rent. Office and Model Home Space Available. Greatlocation on Route 17K near Stewart Airport (Intersection of I-84 and Route 17K). Up to 5,900 sq. ft. available (rent one ormore offices or take them all). Call John Steinberg Jr. at845-629-6349 for details.

• For Sale. Three wooded lots in Walden on cul-de-sac. Villagewater, sewer, gas, NYSEG electric. Final approval received.Price $120,000 approx. per lot. Contact John Steinberg Jr.845-629-6349.

• For Rent – Waterfront Office Space at 6 Front Street inNewburgh. Approx. 3300 sq. ft. on first floor of 7000 sq. ft.two story brick office building overlooking the Hudson River.Contact Jill Varricchio at Concept Promotions –845-561-3553.

• For Sale –Two Subdivisions. Contact Mal Meyerson,Malmark Construction Corporation for details at 845-563-7605 or email to [email protected]. Twolot subdivision – Town of Shawangunk, Pine Bush Schools –excellent for bi-levels, small ranches or colonials - $150,000for both lots. 2. Eleven lot subdivision going throughapprovals – final approval expected by end of July. 2.5 to 39acre lots with beautiful views, great location in Town ofCrawford, Pine Bush schools. One lot available to build onimmediately. $150,000/lot. ($1,650,000 for all 11) withutilities and roads installed.

• For Sale: 22 Five-acre lots in new, gated subdivision. 400acres total, including 100 acre lake. Ready to go – allimprovements in. Kenoza Lake in Bethel, NY (SullivanCounty). Next to Performing Arts Center. $5 million. ContactEric 917-572-8661. v


programs. Is this “pork barrel” spending or national securityand economic smart thinking? My opinion is that this ismoney well spent. Which brings me to the political question:why are we importing so much oil when we just made a dealto give North Korea our own domestic oil? The answers arevery complicated indeed and far beyond what this news articleis intended to discuss.

HOUSING & RELATED NEWS:The dollar is down against most of the currencies thatmatter… the Euro, Yen, etc. This is good news for the tourismindustry and businesses that export. It’s bad for just abouteveryone else. By the time this article gets read, anythingwritten about the recent Fed’s federal interest rate cut to4.75% will be old news. As of today, the news was wellreceived on Wall Street, the realtors are smiling again, andbuilders are almost breathing a sigh of relief. How the USconsumer reacts and if their spending habits will changeremains to be seen. Overall for the short term, this may be awell needed boost that our industry needs. Meanwhile, wewill struggle through another “correction period” and yes,eventually we will get through these tough days.

This information is current as of September 19, 2007. Please feelfree to call Mike on any specifics, or if there are any topics thatyou would like to see covered in future Market News issues.Contact Michael Hartel at 201-391-5000. v

v v v v v v v v v

BAHV Meeting/EventCancellation Policy

With the weather getting colder, and everyone’s schedulesmaxing out, we want to remind members of our BAHVMeeting/Event Cancellation Policy.

If you have prepaid for a dinner meeting and find you cannotmake it, you must call the BAHV office by noon that day tobe entitled to a refund. Once we have given a guaranteednumber to the restaurant based on your reservation, we arecommitted - so you are committed too! Phone/fax reservationsmade but not honored may also be billed.

Special events usually have specific cut-off dates posted onthe announcement, such as no refunds after a certain date.

When the weather turns inclement, jeopardizing the safety ofour membership either in driving to or from a dinner meeting,etc. a decision will be made by noon as to the meeting status.If it is canceled, everyone who prepaid will be issued a refund.We will also try to phone those who made a reservation to letthem know of the cancellation. Announcements will be madeon local radio stations, a broadcast email sent out, posted onthe BAHV website, and a message placed on our officeanswering machine, if possible. v

Market News(Continued from page 22)


DEVELOPERS COUNCIL: Patricia Riexinger, Director ofthe New York State Department of EnvironmentalConservation’s (DEC) Division of Fish, Wildlife, and MarineResources spoke to NYSBA’s Developers Council onSeptember 19th about changes in New York State WetlandsPolicy. We will have more information to disseminate shortly.

ENERGY EFFICIENCY INITIATIVES NYSBA has beenworking with NAHB to push for a pro-active, voluntaryenergy efficiency bill. In addition to testifying before variousNAHB Committees in response to a mandate bill, NYSBAEVP, Philip LaRocque was appointed to NAHB’s EnergyPolicy Work Group. The group will work to redefine NAHB’spolicy on a voluntary, market based, legislative energyefficiency program

NYSBA EXECUTIVE COMMITTEE MEETING: TheNYSBA Executive Committee will meet this Friday,September 21st. Among other business, the ExecutiveCommittee will review a proposal to establish acomprehensive affordable housing trust fund in New YorkState with the State of New York Mortgage Agency(SONYMA) and The Housing Finance Agency (HFA). Thismultimillion dollar fund would provide a comprehensiveaffordable housing program in New York State.

$25 REGISTRATION DEADLINE FOR THE NEWYORK STATE BUILDERS SHOW: Don’t miss out onnationally-renowned seminar speakers, products andmanufacturers you can see at the New York State BuildersShow. All this – FOR ONLY $25! That IS exciting. Have youregistered yet? If not, you can register for the Show online atwww.nysba.com. Don’t forget to register for other excitingshow events like the NYSBA Awards Dinner where retiringLIBI EVP Robert Wieboldt and retired HBA of CNY EORobert Tomeny will be honored for their years of serviceamong the many other awards given. Don’t miss out. Registerby October 12th for the $25 full registration rate.

2007 CODE BOOKS: Code books can be ordered throughNYSBA REF’s website. NYSBA members will receive adiscounted rate on the books. Members should go towww.nysba.com, click on the REF logo and then on the linkfor New York State Code Books. A PDF file with bookdescriptions and an order form will come up. Members canalso order books by calling the NYSBA office. Please callSallye at NYSBA REF to order by phone or if you have anyquestions on the code books: 518-465-2492 ext.114.

2007 CODE TRAINING: NYSBA REF is continuing to

schedule sessions updating builders in New York State of thelatest Code Changes. The session, CODE PRIMER, will beheld at the following locations:

• October 11 at the KeySpan Bldg., 25 Hub Dr., Melville, NY

• October 12 at the Southampton Community College

• October 16 at Builders Association of Hudson Valley, 1161Little Britain Road, New Windsor, NY 12553

All classes run from 8:30am - 12:30pm. Registration is at8:00am.

This four hour course is geared more towards builders but isgood for anyone interested in the new codes to take. Thiscourse has been approved by the New York State Departmentof State and Department of Education for code enforcement,architect and engineer CEU’s (4 Hours).

If you are interested in having a code training scheduled inyour area or are interested in registering for one of thetrainings above, please contact Sallye Romagna at NYSBAREF. 518-465-2492 ext. 114 or email Sallye [email protected]. You can also register online atwww.nysba.com by clicking on the Maroon REF Logo andusing the dropdown menu to navigate to the Seminars Page.

LOOKING FOR WORKERS COMPENSATION? Haveyou considered the New York State Builders Association-Safety Group #564 managed by Risk Management PlanningGroup, Inc.? This is an excellent option to consider if youwere a member of NYSBA’s Workers’ Compensation BuildersSelf-Insurance Trust and need Workers’ Comp Coverage byOctober 1st. The Safety Group is comprised solely ofapproved NYSBA members and covers most occupationswithin the building industry, including roofers. Enrolling inour safety group affords you an upfront 15% discount andyear end dividends as high as 35% (although dividends are notguaranteed). On top of these savings, our Safety Group maybe able to save you an additional 29.4%. This is a guaranteedcost product and there is no joint and several liability and noassessments. For more information contact Leigh Brown atNYSBA. 518-465-2492 ext. 121 or [email protected].

LOCAL AND STATE LEADERSHIP TRAININGRETREAT - NYSBA will hold this event January 16-18,2008 at the Statler Hotel at Cornell University in Ithaca, NY.For more information on how you can benefit from this,contact Kelly Post at NYSBA, 518-465-2492 ext.110 or [email protected]. v

NYSBA News: The State ReportA Message From The New York State Builders Association

One Commerce Plaza, Suite 704, Albany, NY 12210Phone: (518) 465-2492; Fax: (518) 465-0635; Website: www.nysba.com; [email protected]


HUDSON VALLEY:

STAY TUNEDThe governor’s recently announced efforts to reviewapprenticeship programs and highlight prevailing wages areboth positives for the construction trades, according to thehead of the Construction Contractors Association of theHudson Valley.

In his announcement last week, the governor said he wassuspending the development and approval of apprenticeshiptraining programs in all trades so that they could undergo athorough review. (MidHudsonNews.com)

UTILITY SAYS TO BE WARY OF TELEMARKETERSAggressive telemarketers speaking on behalf of energysuppliers within the mid-Hudson Valley should be handledwith caution.

Central Hudson Gas & Electric Corp. has received complaintsfrom customers contacted by telemarketers of natural gas andelectricity supply contracts who claim to be associated withCentral Hudson. Central Hudson says it does not solicit itscustomers for electricity or natural gas, nor does it providecustomer information for sales or marketing purposes.

The utility wants its customers to be extremely cautious inproviding personal information to anyone who contacts themregarding services, and should understand all terms andconditions of any offers before providing account numbers orother requested information over the phone.

Protection from enrollment in contracts without the consent ofthe customers is provided to residents and businesses in NewYork through the Public Service Commission. Customerswho’ve registered with the national Do Not Call registry(www.DoNotCall.gov) must renew every five years.(Poughkeepsie Journal)

COMMUNITY REVITALIZATION GRANTS ANNOUNCEDA number of communities in the region are beneficiaries ofstate Office for Small Cities grants announced by the governoron Wednesday. The money comes from the federalCommunity Development Block Grant program.

In Orange County, the Village of Kiryas Joel will receive$400,000 for a micro-enterprise and the City of Port Jerviswill receive over $572,000 for several CDBG projects. Of that,$260,000 will be in the form of grants and $193,000 will beloaned.

In Sullivan County, the Town of Fallsburg will receive$400,000 for public sewers.

In Ulster County, the Village of Ellenville will receive over$242,000 for a micro-enterprise, the Town of Ulster willreceive $100,000 for rehabilitation and $300,000 for publicfacilities, and the Town of Wawarsing will receive $400,000for public water. (MidHudsonNews.com)

DUTCHESS COUNTY:

POLITICAL NOTES* Click here for 2007 Primary Resultshttp://www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=/20070919/NEWS/309190006

* It is official - the City of Poughkeepsie will have a newmayor come January 1st. Dutchess County legislator FredKnapp defeated incumbent Nancy Cozean Tuesday for theDemocratic spot on this year’s ballot for the position inNovember. Cozean said she will now work with Knapp toensure a Democrat stays in the mayoral seat.

NYSDEC PUBLIC HEARINGPlease be aware that a NYSDEC Public Hearing will be heldto allow for public comment on the revised StateImplementation Plan (SIP) required under the Federal CleanAir Act for the Poughkeepsie ozone non-attainment area. Thelegislative hearing for the Poughkeepsie SIP will be held onOctober 4, 2007 at 2 p.m. at the Marriott Residence Inn, 14Schuyler Blvd., Fishkill, New York 12524. Written statementsmust be received by October 11, 2007, and should be sent to:Robert D. Bielawa, P.E., NYSDEC, Division of Air Resources,625 Broadway, Albany, NY 12233-3251, telephone (518) 402-8396; email [email protected] .

See Full Details at http://www.dec.ny.gov/press/37626.html

HYDE PARK EASES RESTRICTIONS ON HOMEADDITIONSThe town has lifted a restriction on homeowners buildingadditions to their houses.

The town board this week adopted a law that removes thenonconforming designation on homes affected by recentzoning changes. The zoning ordinance changed the requiredsetbacks of homes from property lines. This resulted in mosthomes becoming non-conforming and requiring home ownersinterested in building additions to seek approval from thezoning board of appeals.

At the suggestion of town planning board members JohnBickford and Robert Groeninger, the town board plans to soonamend the new law to also remove the non-conformingdesignation from two-family homes. (Poughkeepsie Journal)

COUNTY-WIDE WELL TEST INITIATIVE ANNOUNCEDDutchess County officials have announced that they arelaunching phase one of the county’s expanded water qualitypreservation program with a voluntary well testing effort.

Any county resident with a private well may sign up to havetheir well tested for contamination and if any is found, thecounty would guide the resident as to how to remedy theproblem, said County Health Commissioner Dr. Michael

Government Affairs Monthly UpdateBy Rachel Neuhaus, BAHV Director of Government Affairs



Caldwell. Initially, 100 homeowners that apply will beselected for the testing.

County Executive William Steinhaus said the new initiative isthe latest in the county’s ongoing efforts to keep water safe. Hepointed to the ongoing testing of public wells and the publicoutreach efforts.

Persons may go to the county’s website atwww.dutchessny.gov and sign up for the well testing. Thosetests will be performed by an outside contractor that has yet tobe selected through a bidding process, and the results of thetests – without the homeowners’ names – will be placed on thewebsite.

Based on the findings of phase one, Steinhaus said phase twowill be crafted next year. (MidHudsonNews.com)

HABITAT SCHEDULES INFO SESSIONThe regular monthly informational meeting of Habitat forHumanity of Dutchess County will be held at 7:30 p.m. Oct. 4at Our Savior Lutheran Church, 1400 Route 52. The meetingis open to volunteers and prospective families. For moreinformation, please call 845-221-0126.

ORANGE COUNTY:

POLITICAL NOTES* Newburgh: Lillie Howard defeated Newburgh CityCouncilman Salvatore Cracolici for the Democratic line in theNovember mayoral election. She will face incumbent NicholasValentine, who easily won the Republican primary.

* Blooming Grove: Despite not receiving the TownRepublican Committee’s endorsement, incumbent SupervisorCharlie Bohan and Councilman Brandon Nielson handedlytook their party’s nomination in the primary.

* Crawford: In a race that focused on the indictments of threetown officials and the arrest of another, incumbent CharlieCarnes convincingly defeated challenger Phil Jamison in theRepublican primary for supervisor in this northern OrangeCounty town.

PROPERTY RIGHTS SUCCESS IN MONTGOMERYLast month, the Town of Montgomery introduced locallegislation which would make the Town a regulating agency ofall wetlands. Under this proposed law, the town would notonly have duplicate jurisdiction over currently-regulated stateand federal wetlands, but they would also claim jurisdictionover ditches, trenches, intermittent streams and man-madeponds.

Please let me thank everyone who helped participate in ourrecent efforts in the Town of Montgomery. We do spend a lotof our focus in the Town of Montgomery. However, it is quiteapparent that this town leads the anti-development and anti-property rights sentiment in our region, and backs that up byproposing ridiculous regulations.

In addition to our continued involvement with the AffordableHousing Committee, our efforts did not go unnoticed atThursday’s public hearing on Wetlands Regulations.

The hearing room was packed with over 100 concernedresidents. There was such a public outcry from propertyowners who felt their rights were being trampled on by thisTown Board, that there was a vote not only to withdraw thisproposal from the table, but to disband the very committee theBoard commissioned to create this legislation. BIG victory.

Our efforts were recognized by other interested parties, andthey have submitted applications for membership.

Your participation is greatly appreciated, and contagious!Thank you.

NEWBURGH AND NEW WINDSOR INK WATER DEALThe City of Newburgh and Town of New Windsor Mondaysigned a 20-year agreement for the town to buy water from thecity.

The deal was hailed as a win-win for the city and town, saidNewburgh Mayor Nicholas Valentine. He said the agreementwill ensure a stable water supply for New Windsor residentsand “makes protection of the watershed a mutualresponsibility.”

That was echoed by New Windsor Town Supervisor GeorgeGreen. “It’s good for the City of Newburgh, it providesrevenue, so they can improve their infrastructure,” he said. Italso provides the water his town needs “so that hopefullywithin a few months, we can lift our water moratorium.”

The town will have the availability of one million gallons ofadditional water daily to accommodate its growth and theshutdown of the Catskill Aqueduct for repairs, and the city willreap the additional money for its water.

Right now, it uses only about half of its available supply, cityofficials said. (MidHudsonNews.com)

NEW SEWER MAY PRESENT OPPORTUNITIESLocal leaders want to engineer an industrial boom on the landsurrounding Exit 116 on Route 17, one of the last untappedhighway exits in Orange County. But that’s kind of hard whenthe closest sewer hookup in town is six miles away.

County Legislator Dan Depew wants to change that through anunlikely collaboration. He is pushing three municipalitiesacross two counties — the towns of Wallkill and Crawford inOrange County and the Village of Bloomingburg in SullivanCounty — to talk about creating a new sewer district alongRoute 17K, just off the exit.

Depew said he wants to capitalize on a “once-in-a-centuryopportunity” as Bloomingburg anticipates the construction ofa new sewer plant. Developer Duane Roe, who wants to build


Governmental Affairs (Continued from page 25)

Governmental Affairs (Continued from page 26)

180 luxury homes and a golf course in the village, plans tobuild a state-of-the-art sewer plant to offset the impact.

Depew said he wants the three municipalities to explore theidea of allowing commercial users along the Route 17Kcorridor to hook into Bloomingburg’s new plant.

The benefits are also clear for Wallkill and Crawford and thePine Bush School District as they seek to attract jobs andbusinesses to the area to rein in taxes. (Times Herald Record)

PUTNAM COUNTY:

POLITICAL NOTESCheck out primary election results:http://lohud.com/apps/pbcs.dll/section?category=NEWS1001

BONDI PROPOSES 40% TAX INCREASEProperty owners in Putnam face a 40 percent tax-rate increasenext year to support a proposed $133 million county budget.

County Executive Robert Bondi’s tentative budget wouldhave the average homeowner paying $3 per $1,000 ofassessed value. The average county tax bill would rise to$969, or about $274 more.

Initiatives include spending $1 million in New York City-provided watershed funds to reduce storm-water runoff intoreservoirs. Some $4,000 would go to set up surveillancecameras to prevent illegal dumping.

The property-tax levy is expected to generate about $38million in revenue, about 28 percent of the budget. The salestax remains its main source of revenue at an estimated $48.5million, or 36 percent.

A budget must be adopted by Oct. 16. (Journal News)

ULSTER COUNTY:

TOWN OF ULSTER NOT GIVING UP ROLE IN SITEPLAN REVIEWSThe Town Board isn’t ready to agree to a proposal that wouldturn over site plan approval authority on major projects to thetown Planning Board.

At a Town Board meeting Monday, Supervisor Nick Woernerdid not get a second to his motion to adopt an amendedresolution that would have increased the Planning Board fromfive members to seven.

Councilman David Brink had recommended the change insite plan authority but declined to support the resolution afterWoerner offered the amendment. Brink said it had been 16years since he initially proposed the change.

Councilman Rocco Secreto supported a seven-memberPlanning Board, saying it would ensure that meetings wouldnot be affected by absences.

Councilman Craig Artist, however, said residents should have

an opportunity to make voting decisions based on whatapprovals the Town Board gives to projects.

“I think the accountability should stay up here at this tablewith an elected official,” he said. “It’s fine if the PlanningBoard does all their work; that’s what they’re supposed to do.They’re supposed to present it to the (Town Board) for reviewand sometimes there’s things that the Planning Board doesn’tget.”

At a public hearing earlier in the evening, all three speakersopposed to the change. They pointed to the lack of publiccomment periods during town Planning Board meetings, andargued that the change would work to the benefit ofdevelopers who wouldn’t have to face public scrutiny of theirapplications. (Daily Freeman)

ULSTER COUNTY SEEKING INPUT ON DRAFTOPEN SPACE PLANThe county has set a series of informational sessions on thedraft of its new open space plan. The sessions will be:

* Saugerties Senior Center – Monday * New Paltz BOCES center – Tuesday* Woodstock Community Center – Thursday* Marlboro Library – Oct. 1* Kingston County Office Building – Oct. 3

All meetings are held at 7pm.

The plan, developed by the county EnvironmentalManagement Council and the county Planning Board,determines important open space resources as well as whereand how the county grows. It will concentrate on fourstrategic action areas: Leadership, Linking, Learning andLeverage.

Copies of the plan and the executive summary are availablefor at http://www.co.ulster.ny.us/planning/ospace.shtml#doc.

After collecting public comment the plan will be finalized andpresented at a public hearing on Nov. 3 in Kingston, prior tothe Nov. 7 meeting when the council hopes the Ulster CountyLegislature will approve the plan.

WESTCHESTER COUNTY:

POLITICAL NOTES* Check out primary election results:http://lohud.com/apps/pbcs.dll/section?category=NEWS1001

* Mayor Phil Amicone easily brushed off a challenge for theRepublican mayoral nomination by former City CouncilPresident Vincenza Restiano last night, capturing roughly 70percent of the votes cast. The win means Amicone, 58, willface Democratic Councilman Dennis Robertson inNovember. He’ll appear on the Republican ticket along withthe Independence and Conservative lines, which hepreviously won. v



How to Manage in a Cyclical DownturnHome building is a cyclical industry and there are three truthsabout cyclical industries that are important to remember. They are:

• The factors influencing the cycle are beyond the control of anyone individual or company.

• Most companies in cyclical industries make a lot of moneyduring the good times — and lose money during the bad times.

• Nobody is to blame for a cyclical downturn. Being in a cyclicalbusiness is risky. You can’t blame investors or mortgagecompanies because there are always companies willing to takerisks during good times. You can’t blame land buyers for payingtop dollar at the top of the market because every year can be thetop of the market in a cyclical industry.

Emerging From the Down CycleCompanies that are most prepared for a downturn generallyemerge as the strongest companies after the downturn. The mostprepared companies are:

• Less Aggressive: These companies made fewer significantcapital investments just prior to the downturn than theircompetitors, or had the mechanisms in place (such as jointventures or options) to renegotiate or abandon those investmentsif needed. They bought land but they did not bet the companywith their land purchases.

• Flush With Cash: These companies have access to their owncash or cash from multiple sources in multiple industries. Seriousrisk takers generate more cash during the good years and losemore cash during the lean years.

• Efficient: These companies redeployed their cash flows duringthe good times into improving processes to be the most efficientcompany during the lean times. Businesses that think long-termgenerally prosper over the long-term, while those that focus onthe short-term have the most difficulty during a down cycle.

• Proactive: These companies proactively respond to thedownturn by taking action. You can complain and you can pray— or you can do something proactive to make your companybetter.

Companies that do not emerge from a downturn are:

• In Denial: These companies spend a great deal of timeconvincing themselves and their partners that the market willimprove soon.

• Cash-Poor: These companies have little access to cash, butspend a lot of time trying to convince those with cash to invest intheir companies.

• Inefficient: These companies have a lot of process problemsthat their competitors do not have.

• Lazy: These companies take little action.

No company is perfect. However, if you find yourself in the lattercategory above, you had better fix things fast.

What to DoLook at your company’s situation with a clean slate as if you werebrought in from the outside to manage a crisis.

We suggest that you do the following:• Assess the Situation Realistically: What is the most realisticscenario in today’s market, particularly for your futurecommunities? Optimistic cash flow projections are morelikely to result in future problems than realistic cash flowprojections.

• Plan Potential Scenarios: Will there be opportunitiescreated by others’ failures? If the market doesn’t recover soon,what will you do? What will you wish you would have done?

• Make Informed Decisions: Is there someone who has anoverly optimistic or pessimistic outlook on the market, and canyou take advantage of that?

• Think Long-Term, Too: Do you have the financial ability tomake poor short-term decisions that will pay off in the long-term, such as investing in a new market because the bestmanagement team is available today, or hiring “extra” greatpeople to have superior expertise for the future.

Balancing these long-term and short-term decisions is thestruggle most leaders face today.

The worst thing you can do is to do nothing. Assess yoursituation and position yourself for great success.

The article is provided courtesy of John Burns Real EstateConsulting, Inc. based in Irvine, Calif. For more information,call 949-262-3228. v


2008 Builders Guide & IndexHave you sent in your advertising information for the 2008Builders Guide & Index, that handy reference book that allmembers receive listing all of our builder and associatemembers? We have already heard back from some of our prioradvertisers, which is great. In fact, we actually have anopening in one of the “special” ad categories. If you areinterested in the five tab pages which divide the sections in theGuide, please contact us immediately. It is not very often thatwe get an opening on these special pages, so here is a don’tmiss opportunity.

Computers are indeed a wonderful tool, but there aremoments. As I mentioned last month, we are in the middle ofchanging our computer database and we thought we would beable to send out member information updates by email. Wellit seems like Form A doesn’t quite match Form A+, so we hadto resort to manually sending out the information sheet withall of your company’s information, along with contact person,email address and web site address. (Once the system is fullyup and running, you will be able to update yourself anytime!)Please make sure the update forms are returned, even if theinformation is correct, so that we can verify the informationwe have on hand. That same information is also used for ourweb site.

We hope that our many advertisers from previous years willbe back again this year, as well as some new ads spotlightingsome of the members who have joined us since the lastpublication.

Remember, all members receive one free listing under thebuilder or associate membership categories. Additionallistings are available under the Classified “Yellow Page”Section for a nominal charge. Any size display adautomatically includes two classified listings. It’s all spelledout on the advertising contract, a copy of which is enclosedwith this newsletter for your convenience.

If you have any questions about the 2008 Builders Guide &Index, give the BAHV office a call at 567-6600 or email us [email protected]. v

Code Books AvailableThe new 2007 Codes are available for purchase from ICC.Your local Code Official should already have his/her copy.You, as the applicant, can choose to use either the existingCode or the 2007 Code between October 2, 2007 andDecember 31, 2007. The choice is yours. Starting January 1,2008, you will be able to use only the 2007 Code.

All Code Council meetings will be webcast. If you want to seethe meeting held September 11, it is posted on the DOSwebsite. All future meetings will be webcast in real time. Thenext Code Council meeting is set for December 12 at 10 a.m.in Albany. (Information provided by Bob Hankin)

The 2007 Code Books are now posted on the NYSBA websiteand available at a discount to NYSBA members from NYSBAREF. Members should go to http://www.nysba.com, click onthe REF logo and then on the link for New York State CodeBooks. There they will find a description of the books, prices,and an order form. Members can also order books by callingthe NYSBA office at 518-465-2492 and speaking with Sallyeat Ext. 114. All NYSBA members will receive the specialNYSBA member price. (Information provided by FrankChampitto)

Special Note: If you are registered for the Code Seminar onOctober 16, you will receive a copy of the code book at thattime as part of your registration fee. v

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2007 Pinnacle AwardsThe Awards Committee is pleased to announce thatapplications are now available for the 2007 Pinnacle Awards –recognizing outstanding performance by Hudson Valleybuilding professionals. Some changes in this year’s awards -the fees have been lowered and there are some new categories,so be sure to look through the entire list to make yourselections.

Judging will take place early in January by a panel of judgescomprised of members from nearby tri-state buildingassociations.

All finalists will be recognized at a BAHV “Multi-Media”Pinnacle Awards ceremony at the February 5, 2008 GeneralMembership Meeting at Anthony’s Pier 9 in New Windsor. Allwinners will receive their own keepsake award, be able to usethe Pinnacle Awards logo in their marketing and advertising,be featured in Empire State Builders Magazine, and berecognized in the local Hudson Valley media.

Special thanks to our Award Sponsors: Benchmark TitleAgency, LLC; Best Plumbing, Tile & Stone/Kohler;Provident Bank; and Interstate/Lakeland Lumber.

Get the recognition you earned by being one of the tops inyour field. Enter the 2007 Pinnacle Awards using theapplication enclosed with this newsletter. v

Housing is Manufacturing -

Manufacturing is

Economic Development


The Membership Challenge continues, but with a special twist this month. As you all know,membership is key to any organization, and with a slower housing market, that makes thechallenge of recruiting and retaining members even more difficult.

Using a format very similar to the one used as part of the State’smembership drive, the BAHV Membership Committee is setting aside oneday – Wednesday, October 24 – to make a concerted push for Associationmembership. And it’s only a two hour commitment on that day.

We’re looking for builders and associates in each county to lead thedrive for their region. Eric Abraham and Perry Goldman are set forWestchester and Putnam. Don Badgley is looking for a key builder ortwo to lead the team in Ulster and maybe even slip into Orange andSullivan as well, though Angelo Ferrante is surely looking to tap thatOrange and Sullivan market. Everything is done in two hour blocks oftime. Choose 8-10 a.m., 10-12:00, 1-3 p.m. or 3-5 p.m. Calls will bemade from the BAHV office, where we can fax out applications andprocess credit cards in payment. So if you get a call asking if you canhelp out, just do it. It’s only two hours and it’s also a lot of fun. And ofcourse there are the bragging rights…

Credit for members and sponsors during this one day drive will alsocount towards the year long drive. Prizes include an article of BAHVclothing for three new members; a $100 Gift Certificate to theRestaurant of Your Choice for five new members, a $250 AmericanExpress/Visa Gift Card for 10+ new members and a $500 Gift Card as

Sears Appliances

Key Bank

Frontier Communications

Ashmar Construction

Brian Carvella, Builder

Ridgeline ConstructionMeyer Contracting CorpLiscum, McCormick, VanVoorhis

Key Properties of the HV

Whirlpool

ONE DAYDRIVE

OCTOBER24

the Grand Prize winner. Remember, you earn one entry in the Grand Prize Drawing for every member you bring in. Moremembers, more chances.

Right now the competition is closer than it’s been in a while. The East Team (Dutchess, Putnam and Westchester counties) hasrecruited 39 new members since February. The West Team (Orange, Ulster and Sullivan counties) has 52 new members to their credit.

Our top individual leader is Perry Goldman (7) of New Home Sales & Marketing who is pulling well ahead of the pack. Nextwith three new members each are Luke Regier (3) of Lennar, Jon Shafran of JK Development and RMPG (3). Stepping upwith two new members each are Eric Abraham, Dory Alport, Howie Berman, Angelo Ferrante, and Sam Rothbeind. Doingtheir share are the following members who to date have brought in one new member each: Art Ackert Jr., Peter Berman, AngelaCalabro, David Cohen, Ed Deverman, Rich Forbes, Robert Hankin, Larry Kraus, Kurt Kuehner, Allan Leeds, LeylandDevelopment, Harry Lipstein, Paul Nebrasky, Chick Raspler, David Stenger and Angel Tersigni.

So take two hours out of your day on Wednesday, October 24 and help grow our Association. Working together, we can remainthe largest Builders Association in New York State. v

• GM Offer: Get $500 towards the purchase or lease of mostnew GM vehicles. For details, visit gmfleet.com/nahb.

• UPS: Save up to 30% on UPS shipping based on shippingvolume.

• DHL: Save up to 25% on standard rates on DHL’s full suiteof shipping services.

• Solveras Payment Systems: NAHB members are eligiblefor nationally negotiated group discounts on credit cardprocessing and other electronic payment services.

• Hertz: To register for discounts log on to www.nahb.org.

• Bank of America: NAHB offers financial services throughthe NAHB Rewards American Express Card and the NAHBPlatinum Plus Visa Credit Card with WorldPoints Rewards.

• Williams Scotsman: Ask about the one month free rental(up to $500) available to NAHB Members!

• Biz Forms and Checks: Get 30% OFF some of the mostimportant tools you’ll ever use.

• Pitney Bowes: Get a FREE trial of the mailstation digitalpostage meter and $50 in FREE postage coupons.

• Paychex: Save 15% off payroll processing services. v

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Member Savings from NAHB

Membership Update

4 pm Bd. of Directors CSP Seminar

8:30 am Lien Law 8:30 am Advertising/Seminar Marketing Committee

6 pm Casino Nite 8:30 am HolidayGMM Party Committee

8 am - 12:30 pmCode Seminar

NYSBA Convention NYSBA ConventionTurning Stone Turning Stone

BAHV Membership 8 am Gov’t AffairsDrive

8 am Gov’t Affairs

Halloween


October 2007“Community Service Month”

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

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November 2007

8 am Bd. Breakfast 9 am PREP & Bar

Election Day

9-5 Advanced CSP 9-5 Advanced CSP 9-5 Advanced CSPEssential Closing House Construction House Construction

6 pm GeneralMembership Mtg.

BAHV Office Closed BAHV Office Closed

Thanksgiving

8 am Gov’t Affairs

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

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Make Our Holiday Party Your Holiday PartyPlans are moving along for a very special Holiday Party set forTuesday evening, December 11 at the new Grandview inPoughkeepsie (overlooking the Hudson). The format that eveningwill be an elaborate cocktail party from 6:00 – 8:00 p.m. with ahosted bar and sumptuous hors d’oeuvres, carving station, etc.From 8:00 – 8:30 p.m., there will be dessert and coffee.

Why go through all the time and expense of organizing a separate

event for your staff and associates this holiday season? Just plannow to attend the BAHV holiday party and we’ll reserve a table(s)specifically for your group that evening. Tickets are just $65 perperson.

Reservation forms will be included in next month’s newsletter, butin the meantime circle the date on your calendar – Tuesday,December 11 and join us for a festive holiday celebration. v

BUILDERS ASSOCIATIONof the Hudson Valley, Inc.

1161 Little Britain Rd., New Windsor, NY 12553