The Federal Trade Commission (FTC) announced that it would further delay enforcement of the "Red Flags" Rules by another three months, from August 1 to November 1, 2009. The commission also announced that it would be doing more to inform small businesses and other entities about compliance on this issue. The FTC also wants to smooth the way for easier compliance by offering additional resources and guidance to clarify whether businesses are covered and what they must do to comply.
"Although many covered entities have already developed and implemented appropriate, risk-based programs, some—particularly small businesses and entities with a low risk of identity theft—remain uncertain about their obligations," said the FTC in a release. "The additional compliance guidance that the Commission will make available shortly is designed to help them."
The FTC has provided a set of FAQs for the guidelines that address how the agency intends to enforce the Rules, noting that "Commission staff would be unlikely to recommend bringing a law enforcement action if entities know their customers or clients individually, or if they perform services in or around their customers' homes, or if they operate in sectors where identity theft is rare and they have not themselves been the target of identity theft."
The full set of FAQs can be found here.
Thank you to the Mid-America Lumbermen's Association for this updated information.
Thursday, July 30, 2009
Wednesday, July 29, 2009
More Signs of Hope for Housing Market
The S&P/Case-Shiller Index, a leading barometer of the U.S. housing market, recorded a slowing of the rate of decline for existing-home prices for May 2009. This is the fourth consecutive month that both the 10-city and 20-city composites showed improvement, which is being heralded as a possible turnaround for the stalled real estate market. Read more.
CSA Makes a Deal for YOU!
Looking for high-level sales training for your staff but put off by the typically high cost of a consultant? CSA has a deal for you. Through our relationship with Tim Shaver of the Sandler Sales Institute, we are able to offer a 12-week course of excellent sales training for only $300 per person. This kind of training normally runs in the thousands of dollars, but we happened upon a situation where Tim is piloting web-based teaching. The only catch is that course participants must complete an evaluation at the end of the program.
Sessions will run for one hour beginning at 2 p.m. ET on Tuesdays, starting Sept. 15 and running through Dec. 1.
Details of the course and a registration form are now available. The course is limited to 25 people, and the fee increases to $400 for those who don’t register by Aug. 15. Because extensive materials must be prepared and shipped to registrants, we can’t take anyone after Sept. 1 (but this one will sell out fast – don’t wait until the deadline to register or you may find that there’s not a spot left).
Rarely do we have the opportunity t provide such high-level training at such an affordable price. Register your sales team today. You don’t want to find out from your competitor just how great this program was!
Sessions will run for one hour beginning at 2 p.m. ET on Tuesdays, starting Sept. 15 and running through Dec. 1.
Details of the course and a registration form are now available. The course is limited to 25 people, and the fee increases to $400 for those who don’t register by Aug. 15. Because extensive materials must be prepared and shipped to registrants, we can’t take anyone after Sept. 1 (but this one will sell out fast – don’t wait until the deadline to register or you may find that there’s not a spot left).
Rarely do we have the opportunity t provide such high-level training at such an affordable price. Register your sales team today. You don’t want to find out from your competitor just how great this program was!
Click to enlarge, print and use the registration form.
NLBMDA ALERT: Health Care Reform
NLBMDA has long worked with a broad-based coalition of business groups to advance health care reform that would lower costs and increase access to quality health care. Unfortunately, the Democratic health care bill introduced in the House of Representatives, "America's Affordable Health Care Choices Act of 2009," (H.R. 3200) is a misguided approach that aims to expand health care coverage through a government-run public plan and costly mandates and taxes on the very small businesses the bill purports to help.
H.R. 3200 is a massive restructuring of the health care system in this country and includes many mandates and additional taxes on employers. The bill will create a public health care option and establish an individual mandate requiring every American to either buy private insurance or buy into the government run plan. If an individual fails to do so then they will be faced with a 2.5% tax on their modified gross income. Employers will be required to provide a payment towards healthcare costs to their workers. The minimum employer contribution in the case of an offering employer is 72.5% of the premium on individual plan and 65% of the premium for family coverage.
The so-called "pay or play" provision requires employers to offer a qualified plan to all employees. What is considered qualified will be determined by the Federal Government and currently the definition of employee appears to include both full and part time workers. If the offered plan does not meet federal standards or the employee opts to enter the public plan, then the employer must pay an 8% tax that will be contributed to the federal healthcare exchange.
This is a major burden for business in the current economic climate. An additional "surtax on the wealthy" that has been proposed to help cover the $1 trillion price tag of H.R.3200 will also impact the many small businesses that pay taxes on their individual tax returns. The surtax will begin for couples with a modified adjusted gross income of $350,000, and is expected to raise $554 billion, or half the total costs of the Democratic plan. Data from the Joint Committee on Taxation, however, says that at least 55% of the revenue raised by increasing the top two tax rates will come from small business income.
Take Action: The House may vote on H.R. 3200 this week before the August Congressional recess. NLBMDA and many of our federated state and regional associations have signed on to a coalition letter today to the Hill expressing our strong opposition to employer mandates and tax increases. Contact your Representatives today to urge them to oppose H.R. 3200 and work instead for real reform that cuts cost and improves competition in the health care system. You can quickly email your member of Congress through NLBMDA's Build the Vote website. Health care reform that increases costs for small businesses is a risky move that threatens our economic recovery.
H.R. 3200 is a massive restructuring of the health care system in this country and includes many mandates and additional taxes on employers. The bill will create a public health care option and establish an individual mandate requiring every American to either buy private insurance or buy into the government run plan. If an individual fails to do so then they will be faced with a 2.5% tax on their modified gross income. Employers will be required to provide a payment towards healthcare costs to their workers. The minimum employer contribution in the case of an offering employer is 72.5% of the premium on individual plan and 65% of the premium for family coverage.
The so-called "pay or play" provision requires employers to offer a qualified plan to all employees. What is considered qualified will be determined by the Federal Government and currently the definition of employee appears to include both full and part time workers. If the offered plan does not meet federal standards or the employee opts to enter the public plan, then the employer must pay an 8% tax that will be contributed to the federal healthcare exchange.
This is a major burden for business in the current economic climate. An additional "surtax on the wealthy" that has been proposed to help cover the $1 trillion price tag of H.R.3200 will also impact the many small businesses that pay taxes on their individual tax returns. The surtax will begin for couples with a modified adjusted gross income of $350,000, and is expected to raise $554 billion, or half the total costs of the Democratic plan. Data from the Joint Committee on Taxation, however, says that at least 55% of the revenue raised by increasing the top two tax rates will come from small business income.
Take Action: The House may vote on H.R. 3200 this week before the August Congressional recess. NLBMDA and many of our federated state and regional associations have signed on to a coalition letter today to the Hill expressing our strong opposition to employer mandates and tax increases. Contact your Representatives today to urge them to oppose H.R. 3200 and work instead for real reform that cuts cost and improves competition in the health care system. You can quickly email your member of Congress through NLBMDA's Build the Vote website. Health care reform that increases costs for small businesses is a risky move that threatens our economic recovery.
News You Can Use - Trends and Numbers
Overall Housing Starts Rise 3.6 Percent in June, With Single-Family Starts Up 14.4 Percent
Privately-owned housing starts in June were at a seasonally adjusted annual rate of 582,000, 3.6 percent above the revised May estimate of 562,000, according to the latest data from the U.S. Census Bureau. Single-family housing starts in June were at a rate of 470,000, a 14.4 percent increase above the revised May figure of 411,000, the agency reported. Read more.
Existing-home Sales Rise 3.6 Percent in June 2009
Existing-home sales rose for the third consecutive month with inventory easing and home prices declining less sharply in June, according to the National Association of Realtors®.
Existing-home sales – including single-family, townhomes, condominiums and co-ops – increased 3.6 percent to a seasonally adjusted annual rate of 4.89 million units in June from a downwardly revised pace of 4.72 million in May, but are 0.2 percent lower than the 4.90 million-unit level in June 2008.
Lawrence Yun, NAR chief economist, is hopeful about the gain. "The increase in existing-home sales occurred in all major regions of the country," he said. "We expect a gradual uptrend in sales to continue due to tax credit incentives and historically high affordability conditions. Despite the rise in closed transactions, many Realtors® are reporting lost sales as a result of new appraisal standards that went into effect May 1 of this year." Read more.
New Home Sales Soar 11 Percent in June
Sales of new single-family houses in June 2009 were at a seasonally adjusted annual rate of 384,000, 11 percent above sales in May, according to estimates released jointly today by the U.S. Census Bureau and the Department of Housing and Urban Development. The figure, however, is 21.3 percent below the June 2008 estimate of 488,000.
Sales of newly built, single-family homes rose 11 percent in June to a seasonally adjusted annual rate of 384,000 units, according to U.S. Commerce Department numbers released today. Coming on the heels of an upwardly revised number for May, the gain marks a third consecutive month of improved sales activity. Read more.
Survey Finds Home Prices Increased Significantly in May
NEW YORK, NY -- According to the May 2009 RPX Monthly Housing Market Report released last week by Radar Logic Incorporated, the price per square foot for housing increased from April to May in 22 of the 25 metropolitan statistical areas (MSAs) covered by the report. The price gains in most of these MSAs were larger than average for the month of May, which may indicate that seasonal market forces are being augmented by a more lasting recovery in these housing markets.
Radar Logic's 25-MSA Composite increased 2.1% in May on a month-over-month basis, which was an improvement from its 1.2% increase in April. The 25-MSA Composite has increased 3.7% since March 30, 2009, when it hit its lowest point since the end of the housing boom. Read more.
Consumer Confidence Falls for Second Straight Month
The Conference Board Consumer Confidence Index™, which had retreated in June, declined further in July. The Index now stands at 46.6, down from 49.3 in June. The Present Situation Index decreased to 23.4 from 25.0 last month. The Expectations Index declined to 62.0 from 65.5 in June. Read more.
Privately-owned housing starts in June were at a seasonally adjusted annual rate of 582,000, 3.6 percent above the revised May estimate of 562,000, according to the latest data from the U.S. Census Bureau. Single-family housing starts in June were at a rate of 470,000, a 14.4 percent increase above the revised May figure of 411,000, the agency reported. Read more.
Existing-home Sales Rise 3.6 Percent in June 2009
Existing-home sales rose for the third consecutive month with inventory easing and home prices declining less sharply in June, according to the National Association of Realtors®.
Existing-home sales – including single-family, townhomes, condominiums and co-ops – increased 3.6 percent to a seasonally adjusted annual rate of 4.89 million units in June from a downwardly revised pace of 4.72 million in May, but are 0.2 percent lower than the 4.90 million-unit level in June 2008.
Lawrence Yun, NAR chief economist, is hopeful about the gain. "The increase in existing-home sales occurred in all major regions of the country," he said. "We expect a gradual uptrend in sales to continue due to tax credit incentives and historically high affordability conditions. Despite the rise in closed transactions, many Realtors® are reporting lost sales as a result of new appraisal standards that went into effect May 1 of this year." Read more.
New Home Sales Soar 11 Percent in June
Sales of new single-family houses in June 2009 were at a seasonally adjusted annual rate of 384,000, 11 percent above sales in May, according to estimates released jointly today by the U.S. Census Bureau and the Department of Housing and Urban Development. The figure, however, is 21.3 percent below the June 2008 estimate of 488,000.
Sales of newly built, single-family homes rose 11 percent in June to a seasonally adjusted annual rate of 384,000 units, according to U.S. Commerce Department numbers released today. Coming on the heels of an upwardly revised number for May, the gain marks a third consecutive month of improved sales activity. Read more.
Survey Finds Home Prices Increased Significantly in May
NEW YORK, NY -- According to the May 2009 RPX Monthly Housing Market Report released last week by Radar Logic Incorporated, the price per square foot for housing increased from April to May in 22 of the 25 metropolitan statistical areas (MSAs) covered by the report. The price gains in most of these MSAs were larger than average for the month of May, which may indicate that seasonal market forces are being augmented by a more lasting recovery in these housing markets.
Radar Logic's 25-MSA Composite increased 2.1% in May on a month-over-month basis, which was an improvement from its 1.2% increase in April. The 25-MSA Composite has increased 3.7% since March 30, 2009, when it hit its lowest point since the end of the housing boom. Read more.
Consumer Confidence Falls for Second Straight Month
The Conference Board Consumer Confidence Index™, which had retreated in June, declined further in July. The Index now stands at 46.6, down from 49.3 in June. The Present Situation Index decreased to 23.4 from 25.0 last month. The Expectations Index declined to 62.0 from 65.5 in June. Read more.
NLBMDA News - Congress Works to Extend FHA Foreclosure Fund
Before the August recess, Congressional leaders are working to pass legislation boosting funds for the Federal Housing Administration (FHA), as well as the Federal Highway Trust Fund and unemployment fund. The bill would increase the FHA Mutual Mortgage Insurance Fund commitment limit from $315 to $400 billion. Without such action, the funds available for foreclosure mitigation could run dry in August, jeopardizing the few positive signs of life the housing industry is currently experiencing.
NLBMDA News - Tax Credits for Home Improvements Sought
Georgia Congressmen Hank Johnson (D) and Nathan Deal (R) plan to introduce legislation to create a tax credit for the purchase of materials for home improvements. The $2,000 (single filer)/$4,000 (joint) credit would double for the purchase of materials that qualify under a green building standard. Read more.
NLBMDA News - Home Builder Confidence Gaining in July
Home builder confidence in the market for newly built, single-family homes notched up two points in July to its highest level since September 2008, according to the recently-released National Association of Home Builders/Wells Fargo Housing Market Index (HMI). The HMI rose two points to 17 in July as builders saw an improvement in current sales conditions but continued to express concerns about the future. Read more.
News You Can Use - The Many Shades of Green
Southern Pine Producers Show Scant Interest in Green Certification
Survey finds few want the certificate but most want to be thought of as green
by Craig Webb
A majority of Southern Pine producers responding to a recent Southern Pine Council survey don't have green certification for their forests now and nearly half don't plan to do so, despite getting regular requests for certified products and feeling it's important to market Southern Pine's green qualities. Read more.
Producers cite costs in green certification survey
(Jul. 28) Wood certification has reached its 15th birthday, but many forestry companies still harbor reservations about the costs and benefits associated with green certifications.
This was the finding of two recent surveys conducted by Random Lengths, an industry publication that tracks lumber and other LBM commodity prices, and the Southern Forest Products Association (SFPA), a forestry trade group. Read more.
Survey finds few want the certificate but most want to be thought of as green
by Craig Webb
A majority of Southern Pine producers responding to a recent Southern Pine Council survey don't have green certification for their forests now and nearly half don't plan to do so, despite getting regular requests for certified products and feeling it's important to market Southern Pine's green qualities. Read more.
Producers cite costs in green certification survey
(Jul. 28) Wood certification has reached its 15th birthday, but many forestry companies still harbor reservations about the costs and benefits associated with green certifications.
This was the finding of two recent surveys conducted by Random Lengths, an industry publication that tracks lumber and other LBM commodity prices, and the Southern Forest Products Association (SFPA), a forestry trade group. Read more.
News You Can Use - Safety Corner
The National Burglar and Fire Alarm Association (NBFAA) recommends the following safety tips for protection against carbon monoxide poisoning.
- Install CO alarms outside each sleeping area of the home and on each floor of the home. For greater protection, connect the CO alarms throughout the home so that when one activates, they all activate.
- Adhere to all manufacturer’s guidelines and instructions for installation.
- Identify and store all local emergency contact numbers for a CO alarm emergency.
- Program these numbers in your cell phone as well, in case you are not at home when an alarm activates.
- Test monthly and confirm that each CO alarm is operating properly to the manufacturer’s instructions. Read more.
Thursday, July 16, 2009
Webinar: What Dealers Need to Know about DOT State & Federal Laws
W E B I N A R
What Dealers Need to Know About DOT State & Federal Transportation Laws
with Larry Marler of Construction Suppliers Association
Tuesday, August 25, 2009 at 3:00p.m. (EST)
$139.00 per logged on computer
Everyone knows that the Department of Transportation has clamped down. Trucks are being stopped and records reviewed more often than ever before. Do you and your employees driving the trucks understand the regulations? Are you in compliance? The changes that have occurred over the past few years are many and the penalties for non-compliance are severe. A basic overview of the following will be covered in this special webinar. Be sure that you, your managers and drivers all get together to participate in this one!
Topics:
· Who’s under the law
· Who’s exempt
· Commercial vs. CDL
· IFTA & IRP
· Truck Maintenance & Inspections
· Accident Reporting Requirements
· Hours of Service and Work Records
· Physical Requirements: Bridge Law – How it Works and much more…..
The presenter, Larry Marler has over 38 years in the transportation safety business. He served as 19 years as Safety Director for 5 major long distance carriers and 19 years assisting members of CSA. He knows our industry and will be able to answer your questions so be sure to have them ready!
Click on the pictures to enlarge, print and complete the registration forms.
What Dealers Need to Know About DOT State & Federal Transportation Laws
with Larry Marler of Construction Suppliers Association
Tuesday, August 25, 2009 at 3:00p.m. (EST)
$139.00 per logged on computer
Everyone knows that the Department of Transportation has clamped down. Trucks are being stopped and records reviewed more often than ever before. Do you and your employees driving the trucks understand the regulations? Are you in compliance? The changes that have occurred over the past few years are many and the penalties for non-compliance are severe. A basic overview of the following will be covered in this special webinar. Be sure that you, your managers and drivers all get together to participate in this one!
Topics:
· Who’s under the law
· Who’s exempt
· Commercial vs. CDL
· IFTA & IRP
· Truck Maintenance & Inspections
· Accident Reporting Requirements
· Hours of Service and Work Records
· Physical Requirements: Bridge Law – How it Works and much more…..
The presenter, Larry Marler has over 38 years in the transportation safety business. He served as 19 years as Safety Director for 5 major long distance carriers and 19 years assisting members of CSA. He knows our industry and will be able to answer your questions so be sure to have them ready!
Click on the pictures to enlarge, print and complete the registration forms.
Georgia Passes New Law That May Enhance Enforceability of Non-Compete Agreements
From Jackson-Lewis
The Georgia legislature has passed a new law that makes employee restrictive covenants and non-compete agreements easier to enforce. While House Bill 173 has been signed by the governor, it will not go into effect unless the Georgia Constitution is amended in a statewide referendum in the 2010 general election. If implemented, Georgia will transition from a state where such agreements can be difficult to uphold to one where such agreements are regularly enforced, thus joining the majority. Read more.
The Georgia legislature has passed a new law that makes employee restrictive covenants and non-compete agreements easier to enforce. While House Bill 173 has been signed by the governor, it will not go into effect unless the Georgia Constitution is amended in a statewide referendum in the 2010 general election. If implemented, Georgia will transition from a state where such agreements can be difficult to uphold to one where such agreements are regularly enforced, thus joining the majority. Read more.
Wednesday, July 15, 2009
Highlights from the Summer Management Conference
By: Jim Moody, CAE
CSA PresidentWe’ve just returned from our Summer Management Conference in the north Georgia mountains. Though our crowd was smaller than in the past couple of years, those who attended seemed to find it a meaningful experience.
One of the things that I love about CSA is the focus on family. Many of the members are family-owned companies, and CSA has always welcomed spouses and children to the Summer Management Conference. It’s not unusual for fathers to bring their sons or daughters who will eventually take over the business to our roundtable meetings. This family orientation says a lot about the character of the organization. Frankly, it’s one of the reasons I took the job almost three years ago.
It was heart-warming to see families out on the lake kayaking, jet-skiing or just tooling around on a boat. Some folks went horseback riding while others hiked up mountain trails to waterfalls. We also had a large group venture down the Ocoee River for a really fun whitewater experience (fun unless you were in the boat that flipped over, but that’s another story).
While we had substantial educational opportunities at the meeting, I’m not apologetic for planning a meeting that includes ample opportunity for fun. You work hard day in and day out. It’s a stressful business, and that’s never been more true than today. I believe creating opportunities for you to let off steam, enjoy time with family, and enjoy bonding with colleagues is a critical part of the management conference. As we choose places to meet, we do it with an eye towards the activities in the area.
Of course, we also look at the pricing. We chose a smaller, lesser known property this year because of the value it provided. It was quaint and rustic yet nice all at the same time. The food was excellent and again provided good value. As it turned out, to the surprise of some, it was a perfect place for us.
Next year we’ll again be at a more typical resort. The economy has hurt hotels in the same way it has hurt our industry, and hotels that were once out of our range have become possibilities. We’ll be at Marriott Bay Point Resort in Panama City Beach. This is, I believe, the nicest hotel in the Panama City area. It’s set up for conventions like ours and for families. There are ample on-site restaurants (including one on the water with a very nice sunset view) and the pools are what you’d expect from a top-tier resort. There’s great golf and a very nice spa. Water sports (kayaks, jet skis, etc.) are available for rental, and the bay makes for a very nice water playground.
One of the drawbacks of this property for many years was the fact that it was on the bay and not the gulf. While there is a small sandy beach, it’s not the same as being right on the gulf. The hotel has solved this problem with the acquisition of a boat that ferries hotel guests a mile or so across the bay to Shell Island. This island is part of the St. Andrews State Park, so there is no development there. It’s pristine beach, and because there’s no bridge, it has a private island feel to it.
We considered Sandestin for this meeting, but the part of Sandestin we could afford was not the nice new part. From where we would have been, you’d still have to drive or ride a shuttle over to the beach, and their beach is often six or seven rows deep with chairs. If you aren’t in the first row, your beach experience isn’t that great.
So, Marriott Bay Point it is. We’ll be there soon after the 4th of July (Thursday, July 8-Saturday, July 10), and you can tie in a full-fledged beach vacation if you’d like. Our rate is a bargain at $178/night. That rate is extended to July 3 - July 13. Mark your calendar now. For reservations, click here.
Meanwhile, the Education Committee is seeking ideas for next year’s speakers. If you have an idea of someone you’d like to hear, please let me know so I can pass it along. Recommendations are desired from everyone – not just attendees of this year’s meeting.
For those of you who did attend this year, thanks so much for supporting CSA. I don’t take lightly that you gave your time and money to the association, and there are many competing interests for both of those. I trust that you feel that the return you received on your investment was adequate. If not, please let me know.
You can see a full set of photos from the event here.
Where’s the Money From? Simple Question to Saves Lien Rights on Credit Accounts
By: Jared W. Heald, Esq.
Hendrick, Phillips, Salzman & Flatt, PC,
Atlanta, Georgia
In the current economic recession, materials suppliers are continually having to write-off bad debt as their credit-account customers continue to default on making payments for materials, file for bankruptcy, or simply close the doors.
When faced with such a situation, those suppliers who have protected their lien rights can take solace in the fact that while their customers may be going out of business, the supplier can look to the owner of the real property into which their goods and materials were incorporated for payment. However, a little-known nuisance in Georgia law may operate to erase suppliers’ lien rights without their knowledge.
As a prerequisite to preserving lien rights, Georgia law requires suppliers, who provide goods to a customer on more than one job pursuant to a credit-account, to make a reasonable effort to ascertain the source from which their customers received the funds being paid to the supplier so that the supplier is able to properly allocate the payment. Georgia law requires the supplier to ask its customer where the money being used to make payment on the credit account originates. In the absence of an inquiry, a supplier runs the risk of waiving its lien rights.
Georgia law does not permit a material supplier to blindly allocate a customer’s payment to the delivery of choice, which understandably is often the oldest delivery still on the books, even if the customer consents to the allocation. The following example will demonstrate this rule of law in action and explain why the inquiry is crucial.
Supplier is in the business of selling masonry products on credit to approved customers. Masonry Contractor is one such credit-account customer of Supplier. Masonry Supplier is awarded a contract on two projects, Y and Z. Supplier provides $20,000.00 in goods to Masonry Contractor at Project Y on August 15th. Supplier provides $30,000.00 in goods to Masonry Contractor at Project Z on September 15th. Supplier tracked the provision of supplies to the two projects using separate account ledgers.
On November 1st, Masonry Contractor makes payment to Supplier in the amount of $20,000.00. Supplier, unaware of its duty to make an inquiry regarding the origins of the monies being paid to it by Masonry Contractor, applies the payment to Project Y for two reasons: first, the payment received from Masonry Contractor matches the dollar amount of goods sold to Project Y; and, second, Project Y’s account was the oldest outstanding delivery to Masonry Contractor. Unfortunately, shortly thereafter, Masonry Contractor does not make further payment to Supplier and is rumored to be going out of business
On December 1st, Supplier files a claim of lien on Project Z for the $30,000.00 of goods supplied to Masonry Contractor for use on Project Z. Upon receipt of a copy of Supplier’s claim of lien, the Owner of Project Z challenges the validity of Supplier’s claim of lien. Owner Z argues that Supplier was paid $20,000.00 for materials supplied to Project Z making Supplier entitled to a $10,000.00 claim of lien on Project Z only. Owner Z can prove its position because Owner Z has banking records from Masonry Contractor and itself showing that the November 1st payment to Supplier was made out of funds received from Owner Z. Under Georgia law, Owner Z wins and Supplier is only entitled to a claim of lien against Project Z in the amount of $10,000.00.
The end result is that Supplier has been fully paid for the $30,000.00 worth of materials supplied to Masonry Contractor for Project Z, but has not received any payment for the $20,000.00 worth of materials supplied to Masonry Contractor for Project Y.
As all suppliers who have had the unfortunate mistake of being involved in litigation realize, the Court’s finding in favor of Owner Z against Supplier does not occur until many months after Supplier has provided materials to either of the projects in our example meaning Supplier cannot place a claim of lien on Project Y to try and secure payment for the materials provided to Masonry Contractor at Project Y. Had Supplier asked Masonry Supplier, “Where’s the money from?” this unfortunate consequence could have been avoided.
While this is illustrative example of this Georgia rule of law is simplistic, it helps explain the real pitfall faced by suppliers who fail to make the proper inquiry – the loss of lien rights through expiration of time because of an erroneous belief of payment on the project. Obviously, in the common business practice, where a supplier provides goods to a customer at dozens of projects at the same time, the realities of tracking payments received on a customer’s credit account back to the appropriate project is much more difficult and time consuming on an accounting department or accounts receivable manager. However, if a supplier wishes to have the ability to counter this unique defense available to an owner to defeat a supplier’s claim of lien, the supplier must have made the appropriate inquiry.
Hendrick, Phillips, Salzman & Flatt, PC,
Atlanta, Georgia
In the current economic recession, materials suppliers are continually having to write-off bad debt as their credit-account customers continue to default on making payments for materials, file for bankruptcy, or simply close the doors.
When faced with such a situation, those suppliers who have protected their lien rights can take solace in the fact that while their customers may be going out of business, the supplier can look to the owner of the real property into which their goods and materials were incorporated for payment. However, a little-known nuisance in Georgia law may operate to erase suppliers’ lien rights without their knowledge.
As a prerequisite to preserving lien rights, Georgia law requires suppliers, who provide goods to a customer on more than one job pursuant to a credit-account, to make a reasonable effort to ascertain the source from which their customers received the funds being paid to the supplier so that the supplier is able to properly allocate the payment. Georgia law requires the supplier to ask its customer where the money being used to make payment on the credit account originates. In the absence of an inquiry, a supplier runs the risk of waiving its lien rights.
Georgia law does not permit a material supplier to blindly allocate a customer’s payment to the delivery of choice, which understandably is often the oldest delivery still on the books, even if the customer consents to the allocation. The following example will demonstrate this rule of law in action and explain why the inquiry is crucial.
Supplier is in the business of selling masonry products on credit to approved customers. Masonry Contractor is one such credit-account customer of Supplier. Masonry Supplier is awarded a contract on two projects, Y and Z. Supplier provides $20,000.00 in goods to Masonry Contractor at Project Y on August 15th. Supplier provides $30,000.00 in goods to Masonry Contractor at Project Z on September 15th. Supplier tracked the provision of supplies to the two projects using separate account ledgers.
On November 1st, Masonry Contractor makes payment to Supplier in the amount of $20,000.00. Supplier, unaware of its duty to make an inquiry regarding the origins of the monies being paid to it by Masonry Contractor, applies the payment to Project Y for two reasons: first, the payment received from Masonry Contractor matches the dollar amount of goods sold to Project Y; and, second, Project Y’s account was the oldest outstanding delivery to Masonry Contractor. Unfortunately, shortly thereafter, Masonry Contractor does not make further payment to Supplier and is rumored to be going out of business
On December 1st, Supplier files a claim of lien on Project Z for the $30,000.00 of goods supplied to Masonry Contractor for use on Project Z. Upon receipt of a copy of Supplier’s claim of lien, the Owner of Project Z challenges the validity of Supplier’s claim of lien. Owner Z argues that Supplier was paid $20,000.00 for materials supplied to Project Z making Supplier entitled to a $10,000.00 claim of lien on Project Z only. Owner Z can prove its position because Owner Z has banking records from Masonry Contractor and itself showing that the November 1st payment to Supplier was made out of funds received from Owner Z. Under Georgia law, Owner Z wins and Supplier is only entitled to a claim of lien against Project Z in the amount of $10,000.00.
The end result is that Supplier has been fully paid for the $30,000.00 worth of materials supplied to Masonry Contractor for Project Z, but has not received any payment for the $20,000.00 worth of materials supplied to Masonry Contractor for Project Y.
As all suppliers who have had the unfortunate mistake of being involved in litigation realize, the Court’s finding in favor of Owner Z against Supplier does not occur until many months after Supplier has provided materials to either of the projects in our example meaning Supplier cannot place a claim of lien on Project Y to try and secure payment for the materials provided to Masonry Contractor at Project Y. Had Supplier asked Masonry Supplier, “Where’s the money from?” this unfortunate consequence could have been avoided.
While this is illustrative example of this Georgia rule of law is simplistic, it helps explain the real pitfall faced by suppliers who fail to make the proper inquiry – the loss of lien rights through expiration of time because of an erroneous belief of payment on the project. Obviously, in the common business practice, where a supplier provides goods to a customer at dozens of projects at the same time, the realities of tracking payments received on a customer’s credit account back to the appropriate project is much more difficult and time consuming on an accounting department or accounts receivable manager. However, if a supplier wishes to have the ability to counter this unique defense available to an owner to defeat a supplier’s claim of lien, the supplier must have made the appropriate inquiry.
NLBMDA News - Obama Administration Considering Using TARP Funds to Assist Small Businesses
It was reported over the weekend that the Obama administration is working on an initiative to use money from the $700 billion Troubled Assets Relief Program (TARP) bailout fund to assist small businesses, which the administration believes are the key to an economic recovery. "Small business" is defined by the federal government as companies with 500 or fewer employees. Read more.
NLBMDA News - Card Check Negotiations Given New Life By Franken's Arrival
Sen. Al Franken (D-MN) was finally sworn in to the U.S. Senate on July 9, giving the Democrats the 60-vote block they need to override procedural hurtles on controversial legislation such as the so-called "Employee Free Choice Act" (H.R.1409/S.560). While several key Democrats continue to hold firm in opposition to the card check legislation as currently written, Sen. Tom Harkin (D-IA) continues to press for support of a "compromise" that will garner enough votes to bring the legislation to the Senate floor before the end of the month. Dealers who are concerned about legislation that undermines the employee-employer bargaining relationship should visit www.BuildtheVote.org to remind your Senators to hold firm in opposition to card check legislation in any form. Source.
NLBMDA News - Health Care Reform May Be Funded by Tax Hikes
As Democratic leaders in the House and Senate struggle to identify methods to pay for the estimated $1 trillion price tag of health care overhaul that includes a public plan, House Democrats are reported to be leaning towards raising taxes on individuals who earn more than $280,000 and couples earning more than $350,000. Of course, these tax hikes would also impact small businesses paying on the individual rate schedule. It is estimated this would cover half the cost of the legislation, while the remainder would be covered by lower Medicare spending. Read more.
NLBMDA News - Energy/Climate Change Legislation Gets Chilly Reception in the Senate
Following the closer than anticipated vote in the House of Representatives on energy legislation in June, Senate committee chairs have backed off of earlier assertions that a bill could be passed out of that chamber prior to the August recess. Read more.
NLBMDA News - DHS to Increase I-9 Compliance Efforts; Senate Seeks to Preserve "No Match" Rule
Recently, the Immigration and Customs Enforcement (ICE) agency announced that it was increasing its I-9 compliance enforcement efforts. The I-9 form is the eligibility-for-employment form that requires verification of certain documents. At the same time, Homeland Security Secretary Janet Napolitano announced that the agency would rescind the controversial Social Security No-Match Rule, which had been blocked by a court order. Read more.
Zandi: Recession Will End This Year
Moody's economist also says housing will not be 'an early source of growth' in this recovery.
Source: BUILDER OnlinePublication date: July 13, 2009
By Alison Rice
First, the good news. Mark Zandi, chief economist for Moody's Economy.com, believes the Great Recession will end this year.
If that's true, that will surely be welcomed by just about everyone. During this difficult economic period, more than 8 million jobs have been lost. Housing starts have dropped to an annualized level of 500,000 units, down from more than 2 million in 2005. Banks large and small have failed. Read more.
Source: BUILDER OnlinePublication date: July 13, 2009
By Alison Rice
First, the good news. Mark Zandi, chief economist for Moody's Economy.com, believes the Great Recession will end this year.
If that's true, that will surely be welcomed by just about everyone. During this difficult economic period, more than 8 million jobs have been lost. Housing starts have dropped to an annualized level of 500,000 units, down from more than 2 million in 2005. Banks large and small have failed. Read more.
About Passports
This article comes from the Ohio Construction Supplier's Association.
Are you planning a trip to Canada, Mexico or the Caribbean? As of June 1, American citizens entering or returning to the United States by air, land, and sea are required to produce standardized documents. A passport already is required for all international air travel to and from the United States.
The new law means Americans must have one of the designated documents: a passport, passport card or a “trusted traveler” document such as the Nexus card. There are exemptions for children under 16: They need just a birth certificate (an original or copy). Teenagers 16 through 18 traveling in organized groups – such as school or sports teams – also need only birth certificates.
What will happen if someone arrives at a U.S. border crossing without a passport or one of the new alternative IDs? The U.S. Customs and Border Protection indicate that entry would not be denied, although a lengthy delay might be in order while citizenship is verified.
Getting your passport is easy but requires some advanced planning. To ensure you receive your passport in time, be sure to send in your documents at least six weeks prior to your departure date. Full details on attaining or renewing your passport can be found at here. You may also apply for a passport at your local United States Postal Service Office.
Wednesday, July 1, 2009
Sales techniques you may have forgotten – or never learned
By: Jim Moody, CAE
CSA President
CSA held a sales seminar last week, with Tim Shaver as the speaker. Tim is out of Nashville. We came to know him through our friends at Stewart Lumber in the Nashville area. Stewart is a member of one of our roundtables, and they’ve used Tim as a consultant for several years. Tim’s also worked with several other lumber dealers, and he has a pretty good idea of what life is like in our trenches.
Here are some nuggets I gleaned from his presentation. Some of this may be old hat to you, but I found much of what he presented to be innovative and different than what I’ve heard from others.
· Many sales people are simply peddlers (where there’s high pressure and low price) or at best vendors (order takers). That may have worked in 2005, but no one can make a living in sales today waiting for the phone to ring with orders or simply dropping the price to get a customer while wiping out the margin.
· As a sales person, you want to be a trusted advisor with complete knowledge of the business. You understand the customer’s needs, perhaps even before he does, and you solve them (and let him know you’ve solved them). You want the customer to believe he can’t conduct his business as well without you. In this environment, price is not so important. It requires a high skill level to be a trusted advisor. Not only do you need expertise in your field, you also need the ability to build strong relationships.
· It’s easy to be a trusted advisor when you are the only source of information. Unfortunately, that’s rarely the case in today’s environment. The internet and competitors ooze with information, so the relationship has to be based on your ability to use the information that everyone has in a way that’s more useful to the customer. Everyone has knowledge; you have to translate it into wisdom.
· Some customers will never see sales people as anything other than peddlers because of their perception of our industry. When you realize that’s the case, think carefully about how much time you want to spend on that customer. Does it make sense to do lots of take-offs for him when he’s just going to use that to get quotes from your competitors and drive the price down below your cost? Many times, sales people spend the most time on customers that contribute little or nothing to the bottom line. Focus more time on customers who have the ability to see you as more than a peddler.
· Far too many sales people get into the business thinking they will get a handful of accounts and then spend their time as an account manager rather than a sales person… because they hate to sell. If you are hiring a sales person, even if they are the No. 1 seller at your competitor, make sure you aren’t hiring someone who’s only been an account manager. Is the reason they are leaving their current position because the gravy train is over and they’ve forgotten how to sell?
· Sales people often dislike systems because they create work and accountability. Yet research shows time and time again that following a system works better than flying by the seat of your pants.
· Old systems (when they are followed) typically involved qualifying a lead, presenting a quote, closing the sale and following up. But this system allows prospective customers to push sales people off with “I’m just looking,” or to take your information without any interest in buying from you. It’s also prone to the “I’ll get back to you” or “Let me think it over” problem.
· A better system involves creating bonding or rapport, being honest with the prospect (“We may be a little higher, but we provide some things that our competitors can’t, and we can’t do that for free. In the end, because of the knowledge and service we provide, you’ll come out better.”). You figure out where he’s feeling pain and offer solutions. Seek out the people who are in some pain (as long as the pain isn’t the inability to pay bills, of course) because they are worth a lot of your time. Solve someone’s pain, and they will be indebted to you. You may have to help them figure out what that pain is by asking lots of questions. You may even have to plant the seed in their mind that they are in pain (a lobster doesn’t realize the water’s getting dangerously hot until it’s too late). When that happens, price becomes a non-issue.
· Never ask “who’s the decision maker.” No one ever wants to admit that they are not the decision maker, so they will almost always tell you they are the decision maker even if they aren’t. Just human nature. Instead, a better question is “Who besides yourself is involved in making this decision?”
· If you don’t measure your time, you can’t be in control of it. Be activity-driven and have goals for the activities you need to perform to be successful (number of site visits to non-customers, contractor lunches, cold calls, referrals asked for, etc.). Track these to see how you are doing compared to the goals. Sales people hate this, but being disciplined about it pays off for the sales person and the company.
The seminar Tim presented was half a day long, and he covered a lot of territory that I’ve not reported here. He also explained these points in much more detail with great examples. If you are interested in more information from Tim (he does sales consulting, training and will help in the hiring of sales people), contact him at 615-399-8700 or tim@nashvillesalestraining..com.
CSA President
CSA held a sales seminar last week, with Tim Shaver as the speaker. Tim is out of Nashville. We came to know him through our friends at Stewart Lumber in the Nashville area. Stewart is a member of one of our roundtables, and they’ve used Tim as a consultant for several years. Tim’s also worked with several other lumber dealers, and he has a pretty good idea of what life is like in our trenches.
Here are some nuggets I gleaned from his presentation. Some of this may be old hat to you, but I found much of what he presented to be innovative and different than what I’ve heard from others.
· Many sales people are simply peddlers (where there’s high pressure and low price) or at best vendors (order takers). That may have worked in 2005, but no one can make a living in sales today waiting for the phone to ring with orders or simply dropping the price to get a customer while wiping out the margin.
· As a sales person, you want to be a trusted advisor with complete knowledge of the business. You understand the customer’s needs, perhaps even before he does, and you solve them (and let him know you’ve solved them). You want the customer to believe he can’t conduct his business as well without you. In this environment, price is not so important. It requires a high skill level to be a trusted advisor. Not only do you need expertise in your field, you also need the ability to build strong relationships.
· It’s easy to be a trusted advisor when you are the only source of information. Unfortunately, that’s rarely the case in today’s environment. The internet and competitors ooze with information, so the relationship has to be based on your ability to use the information that everyone has in a way that’s more useful to the customer. Everyone has knowledge; you have to translate it into wisdom.
· Some customers will never see sales people as anything other than peddlers because of their perception of our industry. When you realize that’s the case, think carefully about how much time you want to spend on that customer. Does it make sense to do lots of take-offs for him when he’s just going to use that to get quotes from your competitors and drive the price down below your cost? Many times, sales people spend the most time on customers that contribute little or nothing to the bottom line. Focus more time on customers who have the ability to see you as more than a peddler.
· Far too many sales people get into the business thinking they will get a handful of accounts and then spend their time as an account manager rather than a sales person… because they hate to sell. If you are hiring a sales person, even if they are the No. 1 seller at your competitor, make sure you aren’t hiring someone who’s only been an account manager. Is the reason they are leaving their current position because the gravy train is over and they’ve forgotten how to sell?
· Sales people often dislike systems because they create work and accountability. Yet research shows time and time again that following a system works better than flying by the seat of your pants.
· Old systems (when they are followed) typically involved qualifying a lead, presenting a quote, closing the sale and following up. But this system allows prospective customers to push sales people off with “I’m just looking,” or to take your information without any interest in buying from you. It’s also prone to the “I’ll get back to you” or “Let me think it over” problem.
· A better system involves creating bonding or rapport, being honest with the prospect (“We may be a little higher, but we provide some things that our competitors can’t, and we can’t do that for free. In the end, because of the knowledge and service we provide, you’ll come out better.”). You figure out where he’s feeling pain and offer solutions. Seek out the people who are in some pain (as long as the pain isn’t the inability to pay bills, of course) because they are worth a lot of your time. Solve someone’s pain, and they will be indebted to you. You may have to help them figure out what that pain is by asking lots of questions. You may even have to plant the seed in their mind that they are in pain (a lobster doesn’t realize the water’s getting dangerously hot until it’s too late). When that happens, price becomes a non-issue.
· Never ask “who’s the decision maker.” No one ever wants to admit that they are not the decision maker, so they will almost always tell you they are the decision maker even if they aren’t. Just human nature. Instead, a better question is “Who besides yourself is involved in making this decision?”
· If you don’t measure your time, you can’t be in control of it. Be activity-driven and have goals for the activities you need to perform to be successful (number of site visits to non-customers, contractor lunches, cold calls, referrals asked for, etc.). Track these to see how you are doing compared to the goals. Sales people hate this, but being disciplined about it pays off for the sales person and the company.
The seminar Tim presented was half a day long, and he covered a lot of territory that I’ve not reported here. He also explained these points in much more detail with great examples. If you are interested in more information from Tim (he does sales consulting, training and will help in the hiring of sales people), contact him at 615-399-8700 or tim@nashvillesalestraining..com.
Sister Organization Launches Safety Webinars
Florida Building Material Association to Offer OSHA Recognized Training Webinars
CSA’s sister organization in Florida, the Florida Building Materials Association is conducting safety webinars and CSA members are invited to participate at minimal cost. This Hard Hat Safe-T-Zone webinar series makes it easier than ever to obtain OSHA recognized safety education.
Beginning in August 2009, FBMA will present a series of webinars including fire safety, housekeeping, material handling, electrical safety, slips, trips and falls, and how to achieve and maintain a drug free workplace.
Each topic will be covered twice a month on different days and times to accommodate multiple shifts and positions in need of training. The duration of each webinar will vary between 20-30 minutes and will include a question and answer period. Following the webinar, each registrant will be e-mailed a certificate of completion for the webinar attended, as well as PDF's or helpful documents of materials covered.
Fire Safety, the first webinar in the Hard Hat Safe-T-Zone series, will be held August 13 and 25 at 7:00 a.m. and 11:30 a.m. in eastern, central, mountain and pacific time zones. Read more.
CSA’s sister organization in Florida, the Florida Building Materials Association is conducting safety webinars and CSA members are invited to participate at minimal cost. This Hard Hat Safe-T-Zone webinar series makes it easier than ever to obtain OSHA recognized safety education.
Beginning in August 2009, FBMA will present a series of webinars including fire safety, housekeeping, material handling, electrical safety, slips, trips and falls, and how to achieve and maintain a drug free workplace.
Each topic will be covered twice a month on different days and times to accommodate multiple shifts and positions in need of training. The duration of each webinar will vary between 20-30 minutes and will include a question and answer period. Following the webinar, each registrant will be e-mailed a certificate of completion for the webinar attended, as well as PDF's or helpful documents of materials covered.
Fire Safety, the first webinar in the Hard Hat Safe-T-Zone series, will be held August 13 and 25 at 7:00 a.m. and 11:30 a.m. in eastern, central, mountain and pacific time zones. Read more.
More on Weatherization
The Home Channel Network explains more on the weatherization tax credits in their article Pay Now, Save Later.
U.S. consumers were already predisposed to spending money on energy - efficient products before the American Recovery and Reinvestment Act came along this year. A survey published by the Home Improvement Research Institute in 2008 found that "reducing household energy costs" was the number one reason cited for going green by respondents. Read more.
U.S. consumers were already predisposed to spending money on energy - efficient products before the American Recovery and Reinvestment Act came along this year. A survey published by the Home Improvement Research Institute in 2008 found that "reducing household energy costs" was the number one reason cited for going green by respondents. Read more.
News You Can Use - On Technology
Walker's Building Estimating Reference Book Now Available Online, 94 Years of Know-How at Your Fingertips
Construction estimators can now access this authoritative, industry Standard reference guide, relied upon by generations of contractors for computing building construction labor and material unit costs, is now available on the Internet. In addition to the hard copy print book, Walker is offering the option of subscribing on-line to the entire book or to subsets, of CSI division chapters which are presented in HTML/PDF Read only formats. Read more.
National Gypsum Website Features Sustainability Information
National Gypsum Company has launched a new "Green Site"at http://www.ngc-green.com/
Architects, product specifiers, customers, and the general public can find practical information on how the company's products, processes, and plant network contribute to make positive contributions to green building practices.
The new site includes many tools starting with the Product Sustainable Features page listing National Gypsum wallboard plants, their use of recycled content, and the distance between the plant and its source of gypsum. Read more.
Construction estimators can now access this authoritative, industry Standard reference guide, relied upon by generations of contractors for computing building construction labor and material unit costs, is now available on the Internet. In addition to the hard copy print book, Walker is offering the option of subscribing on-line to the entire book or to subsets, of CSI division chapters which are presented in HTML/PDF Read only formats. Read more.
National Gypsum Website Features Sustainability Information
National Gypsum Company has launched a new "Green Site"at http://www.ngc-green.com/
Architects, product specifiers, customers, and the general public can find practical information on how the company's products, processes, and plant network contribute to make positive contributions to green building practices.
The new site includes many tools starting with the Product Sustainable Features page listing National Gypsum wallboard plants, their use of recycled content, and the distance between the plant and its source of gypsum. Read more.
NLBMDA News - Mandatory Paid Sick Leave Legislation Introduced
Rep. Rosa DeLauro (D-CT) and Sen. Edward Kennedy (D-MA) have introduced the Healthy Families Act (H.R. 2460/S. 1152) which will set a standard for mandatory paid sick leave for all employees. The bill would require an employer to provide each employee with no less than 1 hour of accrued sick time for every 30 hours worked up to a total of 56 hours of paid sick time in a calendar year. Read more.
News You Can Use - Product Information
By Victoria Markovitz
Source: PROSALES Information Service
DeWalt has voluntarily recalled two models of framing nailers due to risk of serious injury. Possible incorrect assembly of the bump action trigger during production could cause the nailers to eject a fastener unexpectedly or the trigger lock-off not to function, the Consumer Product Safety Comission reported in a press release yesterday.
DeWalt has voluntarily recalled two models of framing nailers due to risk of serious injury. Possible incorrect assembly of the bump action trigger during production could cause the nailers to eject a fastener unexpectedly or the trigger lock-off not to function, the Consumer Product Safety Comission reported in a press release yesterday.
So far, no incidents or injuries have been reported. Read more.
Eco Vinyl?
Claims and counter-claims about a product that remains the market share leader in siding.
Claims and counter-claims about a product that remains the market share leader in siding.
Source: REPLACEMENT CONTRACTOR Magazine
To critics and competitors, vinyl siding is a deadly foe of the environment. Burn it, and carcinogens are released into the air. Bury it, and it lingers for millennia. Vinyl siding is the only cladding product ever to have a muck-raking documentary film, the 2002 Blue Vinyl, made about it. So who could or would argue that vinyl siding, the market-share leader in cladding both for new construction and replacement, is a green, or sustainable, building material? Read more.
Amana Tool, manufacturers of industrial-quality carbide-tipped, solid carbide and replacement carbide cutting tools, today announced the new Black Mamba™ saw blades as part of its A.G.E.™ saw blade offerings. Black Mamba blades are ideal for use in portable saws, either on the job site or in the shop, giving contractors access to industrial-quality cutting materials regardless of location. The new blades feature a thin-kerf design and hollow ground teeth that provide sharper cuts and help extend blade life. Black Mamba blades are designed for general rip and cut applications such as framing and decking where fast, efficient cuts are needed, even in wet lumber. Read more.
Advanced Environmental Recycling Technologies (A.E.R.T.), Inc., a plastics recycler and manufacturer of Green building products, now offers MoistureShield® composite decking in a solid board profile. Using new and improved manufacturing technology, MoistureShield Solid provides the strength and beauty of MoistureShield decking with a new profile option. Featuring a deep-embossed wood grain texture on both sides, MoistureShield Solid gives builders the flexibility to install the boards either side up, making deck and dock construction faster and easier. Read more.
KraftMaid Cabinetry ranks highest among cabinet manufacturers in satisfying customers, according to the J.D. Power and Associates 2009 Cabinet Satisfaction Study(SM) released today.
The study, now in its third year, measures customer satisfaction with cabinets based on evaluations in five factors (in order of importance): ordering and delivery; price; operational performance; design features; and warranty. Customers may have installed the cabinets themselves or with help from family and friends; hired an independent contractor or remodeler; used an installation service provided by a home improvement retailer; or used an installation service provided by the product manufacturer. Read more.
NLBMDA News - Health Care Legislation Continues to Take Shape
While the Senate Finance Committee pushed back a planned committee markup of financing options to meet the $1 trillion price tag of the Democratic health care overhaul, House and Senate Committees have continued work to draft a comprehensive bill. Unfortunately, all efforts still focus on an employer mandate that would have significant consequences for business owners, the vast majority of whom already provide health benefits, and a public option that would compete with private insurance plans. Read more.
NLBMDA News - Contact Your Legislators on the Form 1099 Tax Gap Proposal
As announced in last week's NLBMDA alert, President Obama's FY2010 budget proposal contains numerous tax hikes on employers and small businesses. One such proposal, which may be considered as a method to pay for the high cost of the Democratic health care overhaul or other programs, is one that would require that all businesses issue 1099 Forms to all of their service providers, including corporations. Read more.
NLBMDA News - NLBMDA Promotes Adoption of Eco-Label for Softwood Lumber Before ALSC Task Group
Last week, NLBMDA representatives appeared before a task group of the American Lumber Standard Committee (ALSC), which is considering changes to the American Softwood Lumber Standard (PS 20-05) in accordance with its five-year mandatory review. NLBMDA is urging ALSC to incorporate an "eco-label" as an additional mark in the lumber grade stamp to denote compliance with one of the major forest certification schemes (SFI, FSC, etc.). Read more.
News You Can Use - Trends and Numbers
Movement To Expand Home Buyer Tax Credit Gains Steam
Some federal bills would increase amount available for all buyers. But budget deficits raise questions about the extent of state programs, particularly in California.
Some federal bills would increase amount available for all buyers. But budget deficits raise questions about the extent of state programs, particularly in California.
Source: BUILDER Online
By John Caulfield
Pressure on lawmakers to extend and increase the federal tax credit for home buyers has intensified in recent weeks. Congressional committees are now weighing no fewer than seven housing tax credit-related bills. Prominent business groups have lent their support for such measures. And governors of several states have authorized their own tax credits or advances on the federal credit. So far, though, only lawmakers in California have indicated they'd like to see their state's largesse extend beyond this year. Read more.
Pressure on lawmakers to extend and increase the federal tax credit for home buyers has intensified in recent weeks. Congressional committees are now weighing no fewer than seven housing tax credit-related bills. Prominent business groups have lent their support for such measures. And governors of several states have authorized their own tax credits or advances on the federal credit. So far, though, only lawmakers in California have indicated they'd like to see their state's largesse extend beyond this year. Read more.
A price index of lumber and panels used in actual construction for June 26, 2009
*Western - regional species perimeter foundation; Southern - regional species slab construction.
Crow's Market Recap -- A condensed recap of the market conditions for the major North American softwood lumber and panel products as reported in Crow’s Weekly Market Report. Read more.
*Western - regional species perimeter foundation; Southern - regional species slab construction.
Crow's Market Recap -- A condensed recap of the market conditions for the major North American softwood lumber and panel products as reported in Crow’s Weekly Market Report. Read more.
Builders Indicate 'Cautious Optimism'
Sales, traffic improving even in move-up and active adult markets
Sales, traffic improving even in move-up and active adult markets
Source: BUILDER Online
By Alison Rice
The mood of the moment for builders? Cautious optimism. At the Jones Company of Tennessee, traffic has improved in May and June compared to the early months of 2009. "We are cautiously optimistic," said Bridget Wright, marketing director for the Franklin, Tenn.-based firm. Read more.
The mood of the moment for builders? Cautious optimism. At the Jones Company of Tennessee, traffic has improved in May and June compared to the early months of 2009. "We are cautiously optimistic," said Bridget Wright, marketing director for the Franklin, Tenn.-based firm. Read more.
Poised for a Comeback
The window industry's annual market report contains both good news and bad
The window industry's annual market report contains both good news and bad
Source: REPLACEMENT CONTRACTOR Magazine
With housing starts down in double digits for 2008, the window industry could hardly expect to be booming. And guess what? It's not.The recently released "2008/2009 AAMA/WDMA U.S. National Statistical Review and Forecast," a numbingly thorough examination of the door, window, and skylight industry's trends and prospects, found little to celebrate. Read more.
Existing-Home Sales Rise in May
Sales of existing homes showed another gain in May, benefiting from favorable affordability conditions and a first-time buyer tax credit, according to the National Association of Realtors®. May's increase was the first back-to-back monthly gain since September 2005.
Sales of existing homes showed another gain in May, benefiting from favorable affordability conditions and a first-time buyer tax credit, according to the National Association of Realtors®. May's increase was the first back-to-back monthly gain since September 2005.
Existing-home sales – including single-family, townhomes, condominiums and co-ops – rose 2.4 percent to a seasonally adjusted annual rate1 of 4.77 million units in May from a downwardly revised level of 4.66 million units in April, but remained 3.6 percent below the 4.95 million-unit pace in May 2008. Read more.
Harvard's 2009 State of the Nation's Housing Report Sees Challenges to Recovery, But Strong Future Demand
The worst housing downturn in generations continues to grind on, finds a study released today by the Joint Center for Housing Studies of Harvard University. Despite some stabilization in homebuilding and home sales in the spring, real home prices continued to fall and foreclosures mount in most areas in the first quarter of the 2009. With mortgage interest rates heading higher in June and the economy still contracting, a sustained recovery for housing still faces an uphill climb. “Although there are some signs of improvement or at least steadiness in new construction and sales,” says Nicolas P. Retsinas, Director of the Joint Center, “housing starts stand near 60+ year lows and any life in home sales is coming from distressed foreclosure sales, temporary first-time buyer tax credits, and low interest rates that moved higher in recent weeks.” Read more.
The worst housing downturn in generations continues to grind on, finds a study released today by the Joint Center for Housing Studies of Harvard University. Despite some stabilization in homebuilding and home sales in the spring, real home prices continued to fall and foreclosures mount in most areas in the first quarter of the 2009. With mortgage interest rates heading higher in June and the economy still contracting, a sustained recovery for housing still faces an uphill climb. “Although there are some signs of improvement or at least steadiness in new construction and sales,” says Nicolas P. Retsinas, Director of the Joint Center, “housing starts stand near 60+ year lows and any life in home sales is coming from distressed foreclosure sales, temporary first-time buyer tax credits, and low interest rates that moved higher in recent weeks.” Read more.
New Home Sales Fall in May
Sales of new one-family houses in May 2009 were at a seasonally adjusted annual rate of 342,000, 0.6 percent below the revised April rate of 344,000, according to estimates released by the U.S. Census Bureau. The performance is 32.8 percent below the May 2008 estimate of 509,000. Read more.
Sales of new one-family houses in May 2009 were at a seasonally adjusted annual rate of 342,000, 0.6 percent below the revised April rate of 344,000, according to estimates released by the U.S. Census Bureau. The performance is 32.8 percent below the May 2008 estimate of 509,000. Read more.
NLBMDA News - House Passes Sweeping Climate Change and Energy Legislation
In a close 219-212 vote, the House of Representatives approved controversial climate change and energy legislation, H.R. 2454, the American Clean Energy and Security Act, this past Friday before adjourning for the July 4 recess. Read more.
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