2013 06 19 weekly newsletter

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WEEKLY NEWSLETTER June 19, 2013 Volume 19 Issue 25 Santa Barbara Contractors Association Celebrating 65 Years of Service to the Community In This Issue Failure to Provide Notice Under the Right to Repair Act Allows Contractor to Freeze Litigation Page 1 Taco Party Page 3 Q & A for Contractors Page 16 Construction Expo Page 30 Tailgate Safety Topic Page 35 SBCA Online Planroom Report Page 38 SB City Building Permits Page 40 South County Building Permits Page 49 North County Building Permits Page 65 We protect the people who build California. Will my supplies be here on time? Am I going to get this bid? We understand those on the job in California have more on their mind than workers’ compensation insurance. So let us put your mind at ease: you can count on the strength and stability of State Fund. We’ve never pulled out of the market due to an economic downturn, and we never will. Visit statefundca.com today to learn about the 6% discount on premiums we offer eligible SBCA members. Your individual business may be eligible for even more discounts. Thanks for reading…we’ll let you get back to work. Together, we’ll help keep California working. www.statefundca.com Ask for SBCA Group #821 65 TH A nniversary Failure to Provide Notice Under the Right to Repair Act Allows Contractor to Freeze Litigation tice is provided the Builder fails to comply with the pre-litigation requirements then the home- owner is entitled to proceed with litigation with- out the remaining pre-litigation procedures. At issue in the case was a provision in Civil Code Section 912 which allows the homeowners to make a demand on the Builder for documenta- tion within a reasonable period, and the failure to comply with that request may result in litiga- tion. But, in this case, the homeowner asked for documents but did not first serve a notice of defects and allow the Builder the opportunity to correct such errors; the owners then sued the Builder for defects after the Builder would not produce the documents. The Builder argued it did not have to produce documents and could The case of Armundo Darling v. The Superior Court of Solano County (Western Pacific Hous- ing, Inc., et al., Real Parties in Interest), demon- strates that the Homebuilder’s Right to Repair Act that was enacted by SB800 protects home- builders in defect litigation when the owners fail to comply with the pre-litigation rules in the statutes. SB800 was enacted to provide remedies for homeowners purchasing newly constructed homes, but also protection for developers and contractors (called “builders” in the Act) from costly litigation as it established procedures that must be complied with before litigation against the Builders. Some of these procedures are out- lined in Civil Code Section 912(a). In this case, the owners of 86 single family residences (“Dar- ling”) sued the builder, Western Pacific Housing, Inc. (“Western”), for construction defects. The homes at issue were first sold after January 1, 2003, so they fell under the “Right to Repair Act” or “SB 800” which provides, as one remedy to the Builder, a “non adversarial inspection” and an op- portunity for the Builder to adequately remedy all defects claimed by the homeowner, prior to litigation. The rules governing these “non adver- sarial inspections” are provided for in Civil Code Section 910, which establishes the right of the builder to require notice of construction defects prior to the filing of litigation and the opportu- nity to repair such defects in reasonable time. To protect the homeowners, if after adequate no- not be sued for the failure to pro- duce the documents when the homeowners failed to provide the notice of defects. In the court, the Builder, Western, asked the court to suspend or Stay the court proceedings because the owners did not follow the pre- litigation procedures. The court agreed with the Builder and issued the order until the owners com- plied with the pre-litigation pro- cedures (including notice and an opportunity to fix the problems). The Court of Appeal affirmed (ap- proved) the court’s handling of the matter. Download a PDF Copy of Failure to Provide No- tice Under the Right to Repair Act Allows Con- tractor to Freeze Litigation. Source: Abdulaziz, Grossbart & Rudman provides this information as a service to its friends & clients and it does not establish an attorney-client rela- tionship with the reader. This document is of a gen- eral nature and is not a substitute for legal advice. Since laws change frequently, contact an attorney before using this information. Ken Grossbart can be reached at Abdulaziz, Grossbart & Rudman: (818) 760-2000 or by E-Mail at [email protected], or at www.agrlaw.com.

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SBCA Weekly Newsletter 06/19/13 Construction, Santa Barbara, News, Architects

Transcript of 2013 06 19 weekly newsletter

Page 1: 2013 06 19 weekly newsletter

WEEKLY NEWSLETTER June 19, 2013 Volume 19 Issue 25

Santa Barbara Contractors Association Celebrating 65 Years of Service to the Community

In This IssueFailure to Provide Notice Under theRight to Repair Act Allows Contractor toFreeze Litigation Page 1Taco Party Page 3Q & A for Contractors Page 16Construction Expo Page 30Tailgate Safety Topic Page 35SBCA Online Planroom Report Page 38SB City Building Permits Page 40South County Building Permits Page 49North County Building Permits Page 65

We protect the people who build California.

Will my supplies be here on time? Am I going to get this bid? We understand those on the job in California have more on their mind than workers’ compensation insurance. So let us put your mind

at ease: you can count on the strength and stability of State Fund. We’ve never pulled out of the market due to an economic downturn, and we never will. Visit statefundca.com today to learn about

the 6% discount on premiums we offer eligible SBCA members. Your individual business may be

eligible for even more discounts. Thanks for reading…we’ll let you get back to work.

Together, we’ll help keep California working.www.statefundca.comAsk for SBCA Group #821

65THAnniversary

Failure to Provide Notice Under the Right to Repair ActAllows Contractor to Freeze Litigation

tice is provided the Builder fails to comply with the pre-litigation requirements then the home-owner is entitled to proceed with litigation with-out the remaining pre-litigation procedures. At issue in the case was a provision in Civil Code Section 912 which allows the homeowners to make a demand on the Builder for documenta-tion within a reasonable period, and the failure to comply with that request may result in litiga-tion. But, in this case, the homeowner asked for documents but did not first serve a notice of defects and allow the Builder the opportunity to correct such errors; the owners then sued the Builder for defects after the Builder would not produce the documents. The Builder argued it did not have to produce documents and could

The case of Armundo Darling v. The Superior Court of Solano County (Western Pacific Hous-ing, Inc., et al., Real Parties in Interest), demon-strates that the Homebuilder’s Right to Repair Act that was enacted by SB800 protects home-builders in defect litigation when the owners fail to comply with the pre-litigation rules in the statutes. SB800 was enacted to provide remedies for homeowners purchasing newly constructed homes, but also protection for developers and contractors (called “builders” in the Act) from costly litigation as it established procedures that must be complied with before litigation against the Builders. Some of these procedures are out-lined in Civil Code Section 912(a). In this case, the owners of 86 single family residences (“Dar-ling”) sued the builder, Western Pacific Housing, Inc. (“Western”), for construction defects. The homes at issue were first sold after January 1, 2003, so they fell under the “Right to Repair Act” or “SB 800” which provides, as one remedy to the Builder, a “non adversarial inspection” and an op-portunity for the Builder to adequately remedy all defects claimed by the homeowner, prior to litigation. The rules governing these “non adver-sarial inspections” are provided for in Civil Code Section 910, which establishes the right of the builder to require notice of construction defects prior to the filing of litigation and the opportu-nity to repair such defects in reasonable time. To protect the homeowners, if after adequate no-

not be sued for the failure to pro-duce the documents when the homeowners failed to provide the notice of defects. In the court, the Builder, Western, asked the court to suspend or Stay the court proceedings because the owners did not follow the pre-litigation procedures. The court agreed with the Builder and issued the order until the owners com-plied with the pre-litigation pro-cedures (including notice and an opportunity to fix the problems). The Court of Appeal affirmed (ap-

proved) the court’s handling of the matter. Download a PDF Copy of Failure to Provide No-tice Under the Right to Repair Act Allows Con-tractor to Freeze Litigation.

Source: Abdulaziz, Grossbart & Rudman provides this information as a service to its friends & clients and it does not establish an attorney-client rela-tionship with the reader. This document is of a gen-eral nature and is not a substitute for legal advice. Since laws change frequently, contact an attorney before using this information. Ken Grossbart can be reached at Abdulaziz, Grossbart & Rudman: (818) 760-2000 or by E-Mail at [email protected], or at www.agrlaw.com.

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Join the celebration onFriday October 4, 2013

Check back for more info!

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

MAY 2013Built Green OrientationMay 2, 2013 from 9:00am to 10:00amLocation: Built Green Resource Center,914 A Santa Barbara Street

SBCA 17th Annual Golf TournamentMay 6, 2013 Shot Gun Start at 10:00amLocation: Glen Annie Golf Club, 405 Glen An-nie Road, Santa Barbara

SBCA Board of Directors MeetingMay 14, 2013 from 5:00pm to 7:00pmLocation: SBCA, 914 A Santa Barbara Street

SBCA Online Planroom Demo & TrainingMay 15, 2013 from 10:00am to 11:00amLocation: SBCA, 914 A Santa Barbara Street

1st Aid CPR Training & CertificationInstructor, Justin Haagen, Safety MattersMay 16, 2013 from 8:00am to 2:00pmLocation: SBCA, 914 A Santa Barbara Street

State State Payroll Tax Seminar Presented by EDDMay 24 2013 from 9:00am to 3:00pm Location: EDD, 4820 McGrath St, #200, Ventura

JUNE 2013SBCA Board of Directors MeetingJune 4, 2013 from 5:00pm to 7:00pmLocation: SBCA, 914 A Santa Barbara Street

Santa Barbara Contractors Association Calendar HighlightsSBCA Online Planroom Demo & TrainingJune 5, 2013 from 10:00am to 11:00amLocation: SBCA, 914 A Santa Barbara Street

Built Green OrientationJune 6, 2013 from 9:00am to 10:00amLocation: Built Green Resource Center,914 A Santa Barbara Street

State State Payroll Tax Seminar Presented by EDDJune 25, 2013 from 9:00am to 3:00pm

Building for the FutureKeynote Speaker Mark LaLiberteJune 26, 2013 from 12:00pm to 2:00pmLocation: Fess Parker Doubletree, 633 East Cabrillo Blvd., Santa Barbara, CA 93101

SBCA & Built Green Taco PartySpecial Guest Mark La LiberteJune 26, 2013 from 4:30pm to 6:30pmLocation: SBCA, 914 A Santa Barbara Street

JULY 2013SBCA Board of Directors MeetingJuly 2, 2013 from 5:00pm to 7:00pmLocation: SBCA, 914 A Santa Barbara Street

SBCA Online Planroom Demo & TrainingJuly 3, 2013 from 10:00am to 11:00amLocation: SBCA, 914 A Santa Barbara Street

Built Green OrientationJuly 11, 2013 from 9:00am to 10:00amLocation: Built Green Resource Center,914 A Santa Barbara Street

OCTOBER 2013

Save the date. This is an all day event!Construction EXPO 2013October 4, 2013 from 7:00am to 3:00pmLocation: Fess Parker Doubletree Resort, 633 East Cabrillo Blvd., Santa Barbara, CA93101

SBCA 65TH Anniversary Celebration & Casino NightOctober 4, 2013 from 7:00pm to 10:00pmLocation: Fess Parker Doubletree Resort, 633 East Cabrillo Blvd., Santa Barbara, CA 93101

SBCA Membership Tip Get the most out of your membership!

The SBCA has many new exciting ways of advertising online. Would you like to see a report of how many clicks some of our current online advertisers get?!

Need more info, visit us online 24/7 or call us at 805.884.1100.

www.sbcontractors.org

65THAnniversary

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

Join us for Taco Party and network with SBCA & Built Green Members

Meet special guest Mark LaLiberteNational leader in building industry, Construction Instruction/ceo

Wednesday June 26, 2013From 4:30pm to 6:30pm

SBCA Office 914-A Santa Barbara St.

$15 SBCA & Built Green Members$25 Nonmembers

Please RSVP online by June [email protected]

805.884.1100

Come by, make a taco and say hi!

Taco PARTY

Santa Barbara Contractors Association • 914 A Santa Barbara StreetP.O. Box 23409 • Santa Barbara, CA 93121 • 805-884-1100

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

Building a new home takes commitment, teamwork and dependability. At

American Riviera Bank, our commitment to our customers and to providing

construction financing has never stopped – not many banks can say that!

Whether helping rebuild after the fires or helping you build your dream

home, the community can depend on us to be with them through thick

and thin. We want to be part of your team so call us today to learn more!

Feel good about your bank1033 Anacapa Street | Santa Barbara, CA 93101

Phone (805) 965-5942 | AmericanRivieraBank.com

Randall Barnes, Signal Construction, Stephen Wiley, City Attorney, Eusebio Cordova, VP Construction Lending, and Bill Wolf, Paci�c Architects

Commitment to Local Construction

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

SBCA and Beneflex are partnering to bring you power in numbers. This is a new opportunity for SBCA Members brought to you by Beneflex of Santa Barbara. We are now able to offer SBCA Members a unique set of employee benefits and services custom tailored to meet your specific needs in your unique industry.

Employee Benefits offered: Medical, Dental, Vision, Life, Disability, etc.

Exclusive Benefits to SBCA Members: BenAssist Advocacy Line, Health Care Reform Action Plan, PPACA Audit Risk Assessment, Health Insurance Plan Benchmark focused

on construction industry.

Call Melissa DeWeese today to learn more or visit www.beneflexsb.com/Santa-Barbara-Contractors-Association

Benefits for You:

• No Need to Change

Plans or Carriers

• BenAssist Call Center

• Full Annual Market

Evaluations

• Exclusive Group Health Plans for Your Company

• Compliance Protection

Join Us. Partner with SBCA & Beneflex.

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

HAYWARDSO YOU CAN BUILD...SMARTER

Building in the Central Coast Since 1919

Windows • Doors • Cabinets

Come Visit Our New Showroom Located At:417 Rose Avenue

Santa Barbara, CA805.965.7772

www.haywarddesigncenter.com

Hayward is a family-owned and operated business since 1919. We set a high stan-dard for customer service, quality and unparalleled value. Our knowledgeable, experience staff can help you identify the perfect windows, doors and cabinets for your project. Lift and slides, bi-folds, large framed openings are our specialty.

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

SPONSORS

RSVP

Keynote Speaker: MARK LALIBERTE

“Building For The Future”Mark LaLiberte will challenge the way you think about improving the residential building industry by teaching the Systems Approach To Building.Single Source Supplier ~ Building Code Changes ~ Warranty For Builders

Hayward Marketing: 831-643-1900 Ext. 213Paige Kinkade at: [email protected]

TOPIC

AIA CEU CREDIT 2 HSW CEU’s will be offered for architects in attendance.

FREEEVENT

Contractor & BuildingProfessional Seminar

• Mark LaLiberte has been a national leader in the building industry for more than 25 years.• A distinguished trainer, author and consultant, that has devoted over two decades to educating the homebuilding industry about the benefits of constructing durable, energy efficient, healthier, more environmentally sustainable homes.• Mark has been featured at leading industry events such as the NAHB International Builders Show, PCBC, West Coast Green, Sunbelt Builders Show, Energy Star Summit, GreenBuild and JLCLive Conferences.• His customers include architects, builders, product manufacturers, utility companies, govern- ment agencies, HBS’s and Trade Associations.

www. constructioninstruction.com

“BUILDING FOR THE FUTURE”Date: Wednesday, June 26th

Time: Noon to 2 p.m. (Lunch)

Location: Fess Parker (Regan Room) 633 East Cabrillo Blvd. Santa Barbara

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

State Compensation Insurance Fund is not a branch of the State of California.

We protect the peoplewho build California.

Will my supplies be here on time? Am I going to get this bid? We understand those on the job in California have more on their mind than workers’

compensation insurance. So let us put your mind at ease: you cancount on the strength and stability of State Fund. We’ve never pulled

out of the market due to an economic downturn, and we never will. Visit statefundca.com today to learn about the 6% discount on premiums we

o�er eligible GSBE members. Your individual business may be eligible for even more discounts. Thanks for reading…we’ll let you get back to work.

Together, we’ll help keep California working.statefundca.com

Member of Golden State Builders Exchanges

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

Over 45 years combined inspection experience.Quality Inspections / Fast Turnaround

[email protected]

State Compensation Insurance Fund is not a branch of the State of California.

We protect the peoplewho build California.

Will my supplies be here on time? Am I going to get this bid? We understand those on the job in California have more on their mind than workers’

compensation insurance. So let us put your mind at ease: you cancount on the strength and stability of State Fund. We’ve never pulled

out of the market due to an economic downturn, and we never will. Visit statefundca.com today to learn about the 6% discount on premiums we

o�er eligible GSBE members. Your individual business may be eligible for even more discounts. Thanks for reading…we’ll let you get back to work.

Together, we’ll help keep California working.statefundca.com

Member of Golden State Builders Exchanges

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

Sierra Pacific Industries is a third-generation, family-owned and operated forest products company based in north-ern California. With nearly 1.9 million acres of forestland in California and Washington, Si-erra Pacific is the largest pri-vate forestland owner in North America.

Sierra Pacific operates 12 saw-mills, 8 cogeneration facilities and 4 wood remanufacturing/millwork plants in California and Washington, as well as one of the fastest growing wood win-dow companies in the West-ern United States. We employ nearly 3,400 people.

At Sierra Pacific, we believe that healthy trees, cool clean water and enduring wildlife habitat are the natural result of sound for-est management practices. Our forest harvesting philosophy is based on extensive scientific research. We have undertaken exhaustive planning to guar-antee that we meet or exceed the environmental protection standards of the Sustainable Forestry Initiative® (SFI) and forestry regulations in California and Washington - the highest standards in the world.

From our Forest To your Home

SIERRA PACIFIC WINDOWSHIGH QUALITY WOODEN WINDOWS

SUSTAINABLY GROWN, FAMILY OWNED & PROUDLY MADE IN CALIFORNIA

PLEASE VISIT OUR SANTA BARBARA SHOWROOM LOCATED AT:

516 EAST GUTIERREZ STREET, SUITE EPH: 805.963.6528

www.sierrapacificwindows.com

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

This year, as The Blue Book Building and Construction Network celebrates its 100th Anniversary, we feel privilegedto have played a part in the industry's growth over the last ten decades. We are indebted to the millions of industryprofessionals who put us to work and continue to rely on our products to help build the relationships needed fortheir projects...from design through post-construction.

From our earliest print directory to the digital solutions found at thebluebook.com, the tools we have developedare designed to enhance your workflow – not change it. Our deployment of technology has remained careful andfocused. Whether it's increasing productivity for our users or providing exposure and project opportunities forour customers, The Blue Book Network's mission has remained constant:

Bring the construction industry together through information.

Our sincere thanks for making The Blue Book Network part of your team.We look forward to providing you with the information solutions youneed for the next 100 years!

For information on The Blue Book Network's workflow solutions, visit thebluebook.com or call us at 855-805-2560 and let's talk about how our team can best support yours today.

Thank You for Making Us Part of Your Team for Over a Century.

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

Law Offices of Barton C. Merrill Trial Attorney and Counselor at Law

_______________________________________________________________

Specializing in Construction Law __________________________________________

Construction Litigation, including Mechanic’s Liens & Stop Notices Administrative Hearings before CalOSHA and the CSLB

Corporation & Partnership Agreements Contract Drafting & Review

_______________________________________________________________

Since 1989 Barton Merrill has represented contractors & design professionals in the Tri-Counties with all phases of construction.

_______________________________________________________________

225 E. Carrillo St., Suite 305 Santa Barbara, CA, 93101

(805) 750-0910 – Tel. (805) 564-8281 – FAX

[email protected]

FREE INITIAL CONSULTATION FOR SBCA MEMBERS

PRICE, POSTEL & PARMA LLP Counselors at Law

A Tradition of Service and Excellence Since 1852

_____________________________________________________________

Santa Barbara's Full Service Law Firm Specializing in All Aspects of

Construction and Surety Law, Public and Private Work, Contract and Project Planning,

Pre-Litigation Planning and Resolution of Construction Disputes, Mechanic Liens, Stop Notices and Bond Claims, Labor and Employment Law, Incorporations and Partnerships,

Business and Tax Law, Real Estate, Land Use and Environmental, Insurance Disputes

SPECIAL RATES FOR SBCA MEMBERS

_________________________________________

J. Terry Schwartz, Esq. ([email protected]); Christopher E. Haskell, Esq. ([email protected]) 200 East Carrillo Street, Suite 400, Santa Barbara, CA 93101; (805) 962-0011; Fax (805) 965-3978 www.ppplaw.com

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

GOT BUILDING

PLANS.NEED BIDS?

NEW CONSTRUCTION REMODEL ADDITIONRESIDENTIAL COMMERCIAL

Learn how to use the SBCA Online Planroom for your construction project. Submit digital plans at NO COST TO YOU. Get access to contractors, and receive bids on your plans. Call SBCA staff for sup-port 884-1100 or email [email protected]. [email protected]

Established 1948

914 A Santa Barbara Street

805.884.1100

www.sbcontractors.org

Santa Barbara, CA

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

Expanding Our Office On the Central CoastPhilip E. Vega, President of Contractors & Developers Bonding is proud to announce the appointment of Myrna Smith, as Associate Vice President. She will be joining Jadon Smith, Vice President, and Manager of the new office in Pismo Beach.Contractors & Developers Bonding specializes in providing surety bonds to contractors and other surety clients. The largest independently owned, surety only broker in the western states, C&D bonding has over 80 years combined surety experience.

Let us know how we can assist with your surety bond needs

575 Price Street, #207 Pismo Beach, CA 93449 805-343-7434 www.cndbonding.com

Here to Assist with Your Surety Bond Needs

Myrna Smith, Associate Vice PresidentJadon Smith, Vice President

Now in Pismo Beach!

CONSTRUCTIONLAWSPECIALISTS

H&C HARDIN & COFFIN, LLP

Lawsuits, Arbitrations, Mediation Construction Defect Claims Contract, Business, and Nonpayment Disputes Construction Contract Consultation Mechanic’s Liens, Stop Notices, Attachment Payment & Performance Bonds Jobsite Accidents / Personal Injury Claims Insurance Coverage Analysis

For an appointment, please contact us at:

805-963-3301No charge for initial consultation to SBCA members

HARDIN & COFFIN, LLP

ATTORNEYS AT LAW

www.hardincoffin.com FAX: 805-963-7372

EMAIL: [email protected] 1531 Chapala, Suite 1

Santa Barbara, CA 93101 PLEASE CONTACT: Rick Hardin or Mark Coffin

CONSTRUCTIONLAWSPECIALISTS

H&C HARDIN & COFFIN, LLP

Lawsuits, Arbitrations, Mediation Construction Defect Claims Contract, Business, and Nonpayment Disputes Construction Contract Consultation Mechanic’s Liens, Stop Notices, Attachment Payment & Performance Bonds Jobsite Accidents / Personal Injury Claims Insurance Coverage Analysis

For an appointment, please contact us at:

805-963-3301No charge for initial consultation to SBCA members

HARDIN & COFFIN, LLP

ATTORNEYS AT LAW

www.hardincoffin.com FAX: 805-963-7372

EMAIL: [email protected] 1531 Chapala, Suite 1

Santa Barbara, CA 93101 PLEASE CONTACT: Rick Hardin or Mark Coffin

CONSTRUCTIONLAWSPECIALISTS

H&C HARDIN & COFFIN, LLP

Lawsuits, Arbitrations, Mediation Construction Defect Claims Contract, Business, and Nonpayment Disputes Construction Contract Consultation Mechanic’s Liens, Stop Notices, Attachment Payment & Performance Bonds Jobsite Accidents / Personal Injury Claims Insurance Coverage Analysis

For an appointment, please contact us at:

805-963-3301No charge for initial consultation to SBCA members

HARDIN & COFFIN, LLP

ATTORNEYS AT LAW

www.hardincoffin.com FAX: 805-963-7372

EMAIL: [email protected] 1531 Chapala, Suite 1

Santa Barbara, CA 93101 PLEASE CONTACT: Rick Hardin or Mark Coffin

CONSTRUCTION LAW SPECIALISTSCONSTRUCTIONLAWSPECIALISTS

H&C HARDIN & COFFIN, LLP

Lawsuits, Arbitrations, Mediation Construction Defect Claims Contract, Business, and Nonpayment Disputes Construction Contract Consultation Mechanic’s Liens, Stop Notices, Attachment Payment & Performance Bonds Jobsite Accidents / Personal Injury Claims Insurance Coverage Analysis

For an appointment, please contact us at:

805-963-3301No charge for initial consultation to SBCA members

HARDIN & COFFIN, LLP

ATTORNEYS AT LAW

www.hardincoffin.com FAX: 805-963-7372

EMAIL: [email protected] 1531 Chapala, Suite 1

Santa Barbara, CA 93101 PLEASE CONTACT: Rick Hardin or Mark Coffin

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

C A N YO U R P ROJ EC T B EB U I L T G R E E N ?

Built Green Santa Barbara is an environmental building program that distinguishes and promotes resource efficient design and construction. Enroll your construction project today!

www.builtgreensb.org

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

Capitol Connection Q & A for ContractorsBy Shauna Krause, President, Capitol Services, Inc.

Becoming a Qualifier has certain ‘qualifica-tions’ in whatever form is chosen. Under-standing the differences between RME/RMO may take an expert and an example of what can go wrong. A licensed corporate construction company can be ‘removed’ to create a new firm, but they will discover some thing’s can’t be ‘transferred’…

Q: My Company’s Responsible Managing Employee (RME) has resigned and I have been asked to be the Responsible Manag-ing Officer (RMO) for the corporation’s li-cense. However, I have my own personal license that I need to keep active for small jobs that I do on the side.

I understand that I need to have at least 20% ownership in the company in order to keep both licenses active, which isn’t a problem. My concern is that if something goes wrong on a job that my company contracts for and there is a complaint filed, is that going to affect my Sole Owner license? And will I be held responsible for judgments/claims against the other license?

A: While it depends on the circumstance, as the Responsible Managing Officer you do hold some liability for claims, judgments, and complaints against the license. If the company license has an unsatisfied judg-ment that results in the suspension of the license while you are the RMO, it is likely

that the CSLB will also suspend your Sole Owner license until the judgment has been satisfied.

In fact, to give you an example of a case where problems with a company license trickled down to an individual license, in a recent case the CEO of a corporation en-tered in to a contract with a homeowner, took a down payment, and then never did any of the work. This of course resulted in the homeowner filing a complaint. The RMO of the company claimed to know nothing about the project and further claimed that he wasn’t involved in the business opera-tions. The company was cited with several violations that resulted in the license being revoked. A separate order was signed which provided for the revocation to be stayed on the RMO’s individual license provided that he comply with all terms and conditions including a 2-year probation, $15,000 dis-ciplinary bond, and restitution to be paid within 90 days in the amount of the down payment that the homeowner paid.

As always, we recommend that you contact a construction attorney to discuss the legal liabilities associated with acting as a Re-sponsible Managing Officer.

Q: We are going to close our current corpo-ration down and start a new one. Since the

current corporation will no longer need the contractor’s license number, is it possible to transfer the number to the new corpora-tion?

A: License numbers cannot be transferred from one corporation to another. When a new entity is formed you are required to obtain a new contractors license number for that entity.

Q: We currently have a General “A” license and we have an employee with an inactive “B” license. Can we add that employee as the “B” Qualifier on our license, or do we need to use the same Qualifier that current-ly holds the “A”?

A: You can add your employee as the “B” qualifier on your license and you are not re-quired to use the same Qualifying individu-al who currently holds the “A” classification. You can have a different Qualifier for each separate classification on your license.

While knowledge is power, knowing where to go for the answers is half the battle. Get expert assistance immediately when you call 866-443-0657, email [email protected], or write us at Capitol Services, Inc., 1225 8th St. Ste. 580, Sacramento, CA 95814. Research past columns at www.cutredtape.com.

CAN YOUR PROJECT BE

B U I LT G R E E N ?Built Green Santa Barbara is an environmental building pro-gram that distinguishes and promotes resource efficient design and construction. Enroll your construction project today!

www.builtgreensb.org

Wednesday June 26, 2013

SEMINAR12:00pm to 2:00pm

Building for the FutureKeynote SpeakerMark LaLiberte

TACO PARTY4:30pm to 6:00pm

Join us for networking withspecial guest Mark LaLiberte

Cost $15Must RSVP in advance

www.sbcontractors.org

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

EXPOSANTA BARBARA CONSTRUCTION EXPO 2013

FRIDAY OCTOBER 4, 2013GUEST SPEAKER, JUSTIN WILSON

7AM - 3PM

SEMINARS • WORKSHOPS • EXHIBITS • DEMOS& SPECIAL “MEET THE GENERALS” BREAKFAST

FESS PARKER DOUBLETREE RESORT633 EAST CABRILLO BOULEVARD

SANTA BARBARA, CA 93103

Tickets $15CONTRACTORS, BUILDERS, ARCHITECTS, ENGINEERS, DESIGNERS, BUILDING OFFICIALS, DEVELOPERS, REAL ESTATE AGENTS AND

INDUSTRY PROFESSIONALS MAY PURCHASE TICKETS FOR THIS EVENT!

805-884-1100www.sbcontractors.org

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

Interested in a career in the building trades? There is a critical shortage of construction workers. Over 1 million new jobs will be created nationally in the next seven years, with 2,500 of them in Santa Barbara and Ventura in the next three years. California construction workers earn an average of $24 an hour and journey-level workers earn $70,000-plus a year!

Summer 2013

CT 119 Construction Remodel M/W: 5-9:45 pm (8 wks) Wake Center (Beg. 6/17/13)

Beginning Construction Lab Sat: 8:00-12:00/1-6pm (8 wks) Wake Center

CT 125 Intro to Photovoltaic (PV) Systems T: 5-9:30pm (8 wks) Wake Ct. (Beg. 6/18/13)

S: 12-6:30pm (8 wks) Wake Center

CT 132 Lighting Systems M: 5-9 pm (13wks) Rod Bond Trn.Cen, Buelton

(5/27/13 – 8/19/13)

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

AND RAIN GUTTERS

“We think of Quality and Service first.”Owned and Operated for 25 Years by Jack Martin

FREE ESTIMATE AND EVALUATION

Expert in Leak RepairsReroof Specialists

Tile / SlateComposition Shingles

Single Ply (PVC)Full Maintenance Department

Aluminum / Copper Gutters 5“ Ogee Seamless and

6” Half Round Seamless

LIABILITY INSUREDLic. 674-048

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

[email protected]

(805) 683-1848Fax: 805.964.6653

Lic. #559076

GEOTECHNICAL SERVICESSoils Engineering Reports, Slope Stability

Foundation Forensics, Liquefaction AnalysisENVIRONMENTAL SERVICES

Percolation Testing, Septic FieldsEnvironmental Site Assessment

GEOLOGIC SERVICESEngineering Geology Reports

Fault and Landslide Investigation, Bluff SetbackSPECIAL INSPECTION

Welding, High Strength Bolt, FireproofingEpoxy, Concrete, Masonry, URM Retrofit

CONSTRUCTION INSPECTIONGrading and Testing Observation, CalTrans Certified

Footing and Foundation ObservationLABORATORY AND DRILLING SERVICES

In-House Laboratory Testing, andTract-Mounted CME Drill Rig

Federal and California Certified Small Business

Katz

Moses

Calles Construction&

Lic. # 955924

Foreman - $63.96/hr*• Finish Carpenter - $55.77/hr*• Journeyman Carpenter - $46.80/hr*• Level 2 Apprentice Carpenter - $39.77/hr*•

Level 1 Apprentice Carpenter - $37.29/hr*• Level 2 Laborer - $33.53/hr*• Level 1 Laborer - $27.80/hr*•

*Includes wage, tax, insurance, and overhead and profit mark up.

Skilled Tradesmen for Hire - Labor Rates:

Hard BidTrue cost plus 16%

Labor BudgetBuy your own lumber and save

Labor SupportBeef up your crew and deliver quality, on time

[email protected] www.constructionsb.com

framing finish carpentry demo concrete

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

Online Plan Service is now available as a mobile application, compatible with all Mobile devices such as Android, iOS, blackberry, and tablet platforms. Quickly access the Online Planroom, review project information and documents ON THE GO!

Access OPS Mobile on your mobile device by going to http://onlineplanservice.com/mobile/OPS Mobile is an abridged version of the OPR. It includes:

My Desk New Projects

Bidding Projects Bid Results

All Project Documents; Plans, Specs, and Addenda

Filters for project name and location are also available.

All Project Documents, Addenda, Plans, Specs etc., can be viewed using QuickEye Mobile. As this is a web-based viewer, no installation is necessary!

OPS Mobile loads to My Desk. Navigate to New Projects, Bidding Project, and Bid results using the bottom links.

Project Details include basic project information; addenda, project contacts, and bidders.

QuickEye Mobile Viewer quickly displays project Plans, Specs, and Addenda.

Online Plan Service – ON THE GO!

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V I S I T

The Built Green Resource Center offers information, programs and classes on green building practices and materials. It showcases energy independence, water savings, and other sustainable building practices. The Resource Center is open to the public by appointment only. Please call 805-884-1100 to schedule your visit.

www.builtgreensb.org805.884.1100

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

REDUCE YOUR WORKERS’ COMP INSURANCE COSTS

The SBCA and 25 Builder’s Exchanges in California have joined to form the Golden State Builders Exchange (GSBE). Participation in this group insurance program may significantly reduce the cost of your workers’ compensation premiums over a State Compensation Insurance Fund individual policy. Qualifying SBCA members are eligible for a 6% discount. Ask to be placed into the SBCA Group 821. Please call the SBCA office for more information and conversion form. If you are already with State Fund, please call us or your broker to see if you qualify for this group program.

www.statefundca.com

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

License No. 788005

SBCA Best Hardscape & LandscapeInternational Landscape Designer of the Year - 2009

Phone (805) 687-3569 gracedesignassociates.com

License No. 788005

SBCA Best Hardscape & LandscapeInternational Landscape Designer of the Year - 2009

Phone (805) 687-3569 | gracedesignassociates.com

General Contractor CM-at-Risk

Construction Management

Frank Schipper Construction Co.

SERVING THE TRI-COUNTY AREA

FOR 30 YEARS 610 E COTA STREET, SANTA BARBARA, CA 93103

T (805) 963-4359 • F (805) 963-1270 Lic# 436175

EMAIL: [email protected] www.schipperconstruction.com

SBInsulate

805.845.3999

130 N. Calle Cesar Chavez, Suite [email protected] www.InsulateSB.com

Insulation Services:Icynene Spray Foam

Cellulose, Blown-in BlanketFiberglass Batts

Rigid BoardRemovals

Retail Sales

Santa Barbara’s premier insulation contractor with over 30 years of experience

ID #510XXXID #51202175

Lic. 963692

We have moved!

We appreciate your business!

License 761090

Please save our new shop address, mailing address and telephone numbers for your records:

Delta Welding and Fabrication, Inc.Shop: 36 Aero Camino - Goleta, CA 93117Mailing: PO Box 92025 - Santa Barbara, CA 93190Phone: 805-685-8008Fax: 805-685-3223Website: www.delta-fabrication.com Emails: [email protected] [email protected]

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

REGISTRATION Company

Attendee Name(s)

$15 SBCA Member in State Fund Group

$75 SBCA Member

$150 Non-Member

PAYMENT Enclosed is my check for $ (payable to SBCA)

Visa/MasterCard/AmEx $

Name on Card Card Number Exp Date Sec Code Email Phone Card Holders Signature

REMITTANCE OR QUESTIONS - Payment must accompany form -

Santa Barbara Contractors AssociationP.O. Box 23409, Santa Barbara, CA 93121

805.884.1100 phone 805.884.1108 faxwww.sbcontractors.org [email protected]

First Aid CPR Training & CertificationInstructor Justin Haagen, Safety Matters Certified Training

This course will cover adult, child and infant basic CPR and First Aid training for the home, workplace and the general community. 2 year Certification, Digital Student Guide & Free SmartPhone App.

Date:June 20, 2013

Time: 8:00am to 2:00pm30 Min. Lunch Break (Lunch not provided)

Location:SBCA Classroom 914 A Santa Barbara StreetSanta Barbara

Cost:$15 SBCA Member in State Fund Group$75 SBCA Member$150 Non-Member

Minimum 10 attendees per classMaximum 20 attendees per class

Emergency Action Steps• CPR Skills Adult/Child/Infant• AED Training• Sudden Cardiac Arrest• Adult/Child/Infant Choking• Heart Attack• Recovery Positions•

Bleeding Control• Diabetic Emergencies• Stroke• Deformed Limb• Managing Shock• Seizure & More•

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

If you are an employer who wishes to obtain assistance from Cal/OSHA Consulta-tion, or want to learn more about what services are

available, you can do so by calling the toll-free assis-

tance number.

1(800) 963-9424

If you want to arrange an on-site visit or obtain tech-nical information, you can

contact the Cal/OSHA Con-sultation area office nearest your workplace or you can email us at InfoCons@dir.

ca.gov.

MAKE SURE YOU AREIN COMPLIANCE

www.dir.ca.gov

!

!

We moved! !

!!

Delta Welding and Fabrication, Inc.

36 Aero Camino Goleta, CA 93117

!Phone: 685-8008

Fax: 685-3223 License: 761090

!

P.O. Box 517Santa Barbara, CA 93102

Email [email protected]

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

Ask the Experts! Health Care Reform for Employers

www.beneflexsb.com

PHONE (805) 965-1926 FAX (805) 963-6071

OSWALD J. DA ROS, INC. • MASONRY CONTRACTORS •

Lic# 216916 MARBLE • GRANITE • STONES

976 Carrillo Road PETER A DA ROS Santa Barbara, CA 93103 M E M B E R B E N E F I T S

Referrals•Online Planroom•Safety Program•Networking Events•Weekly Newsletter•Government Affairs•Get Industry Updates•Educational Seminars•Annual Golf Tournament•Built Green Santa Barbara•Online Membership Listing•Annual Membership Directory•Advertise Directly to Construction •Industry in Weekly NewsletterNew Member Bio - Introduce •Your Business in the NewsletterGroup Insurance Programs •for Workers Comp, Auto, and Employee Benefits

[email protected]

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

(805) 965-7377 (805) 965-3308 fax

RESIDENTIAL • COMMERCIALNEW CONSTRUCTION • REMODEL

RADIANT HEATING • SERVICE

www.construction-plumbing.com

Donate used build materials to the Habitat ReStore All proceeds go directly back to Habitat for Humanity

Goleta ReStore 6725 Hollister Avenue, Goleta

(between Los Carneros & Storke)

Appliances │ Doors │ Windows │ Lighting │ Tile │ Cabinets│ Hardware

Tues. - Fri.: 12 pm - 5 pm Saturday: 9 am - 5 pm Phone: (805) 692-2226

www.sbhabitat.org

Serving Southern Santa Barbara County

Lic. # B-926982

1500 Holiday Hill Road, Goleta, Ca. 93117P h o n e : 805-452-9205E-mail: [email protected]

EcclesElectric

Lic. # 968646

James EcclesR B

R

FABRICATIONP.O. Box 5301 Ventura, CA 93005-0301

B&

Brian De Fisher805-207-1975

Roy De Fisher805-207-2193

1456 Fleet Ave. Ventura, CA 93003

Email: [email protected] 805-477-0338

Fax 805-477-1323

CENTRAL COASTLEAD TESTING

855 Lead FYI855 532 3394

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

EXPOSANTA BARBARA CONSTRUCTION EXPO 2013

Friday October 4, 2013Fess Parker Doubletree Resort

633 East Cabrillo BoulevardSanta Barbara, CA 93103

www.sbcontractors.org

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

Santa Barbara Construction Expo 2013 www.sbcontractors.org Friday October 4, 2013

Contractors • Builders • Architects • Engineers Designers • Building Officials • Developers

Real Estate • Construction Professionals

This year we celebrate the 65 year anniversary of the Santa Barbara Contractors Association (SBCA). The SBCA strives to continually lead the way in innovation, strategic solutions, business opportunities and peer-to-peer networking, and this Fall we are excited to present the premier construction industry event in Santa Barbara. Daytime event 2013 Construction EXPO and evening event the SBCA 65 year anniversary celebration & casino night.

The SBCA is pleased to offer a highly informative day at the Construction EXPO. Hear industry experts with high-powered seminars that address situations you face on the job daily. Choose from engaging and informational seminars. You will come away with knowledge to enhance your skills, and help you gain the tools you need to be a success. We are pleased to present the Construction EXPO open exclusively to Contractors, Builders, Architects, Engineers, Designers, Building Officials, Developers, Real Estate and Construction Industry Professionals. The Construction EXPO 2013 is presented by the Santa Barbara Contractors Association, a California Nonprofit Organization.

About the

EXPOFriday October 4, 2013

innovation

connections

strategic solutions

business opportunities

peer-to-peer networking

Santa Barbara Construction Expo 2013 www.sbcontractors.org Friday October 4, 2013

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

educationHear industry exper ts with high powered seminars that • address situations you face on the jobCome away with knowledge to enhance your skills and • help you gain the tools you need to be successfulEducational sessions eligible for continuing education • credits

speakersEducational sessions, speakers and special seminars• Choose from engaging and informational seminars • with nationally acclaimed speakers

workshopsHands on workshops taught by skilled and experienced • practitionersLearn new strategies, techniques, and best practices• Check out new developments in the industry•

demosTry out new products and compare features• Product demos from industry leaders• Learn the latest innovations and cutting edge technology• Meet face to face with company representatives•

exhibits75 exhibit spaces• Over 11,000 square feet of exhibit space• Designated zones for products and services• Live product demonstrations•

educational sessionsConnecting with Home Owners & Connecting Leads into • Cash - Would you like to collect more qualified leads and turn those leads into dollars?Value vs. Price - • Understand why customers object to price. Learn how to better position your proposal against the competi-tion and sell its’ value so that price becomes a “non-issue.”Building Science• Moisture Management• Marketing & Selling High Performance Homes•

Seminars, Workshops & Exhibits

Santa Barbara Construction Expo 2013 www.sbcontractors.org Friday October 4, 2013

About the

EXPOFriday October 4, 2013

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SANTA BARBARA CONTRACTORS ASSOCIATIONWEEKLY NEWSLETTER June 19, 2013

educationHear industry exper ts with high powered seminars that • address situations you face on the jobCome away with knowledge to enhance your skills and • help you gain the tools you need to be successfulEducational sessions eligible for continuing education • credits

speakersEducational sessions, speakers and special seminars• Choose from engaging and informational seminars • with nationally acclaimed speakers

workshopsHands on workshops taught by skilled and experienced • practitionersLearn new strategies, techniques, and best practices• Check out new developments in the industry•

demosTry out new products and compare features• Product demos from industry leaders• Learn the latest innovations and cutting edge technology• Meet face to face with company representatives•

exhibits75 exhibit spaces• Over 11,000 square feet of exhibit space• Designated zones for products and services• Live product demonstrations•

educational sessionsConnecting with Home Owners & Connecting Leads into • Cash - Would you like to collect more qualified leads and turn those leads into dollars?Value vs. Price - • Understand why customers object to price. Learn how to better position your proposal against the competi-tion and sell its’ value so that price becomes a “non-issue.”Building Science• Moisture Management• Marketing & Selling High Performance Homes•

Seminars, Workshops & Exhibits

Santa Barbara Construction Expo 2013 www.sbcontractors.org Friday October 4, 2013

About the

EXPOFriday October 4, 2013

The “Meet the Generals” breakfast is a great business development opportunity designed exclusively for the Construction EXPO 2013 attendees. Representatives from industry leading agencies and contractor firms will be available to discuss upcoming projects, qualifications to bid, and their business philosophies and practices. Each agency/general contractor representative will be at a table, so bring plenty of business cards.

This event allows you to meet face-to-face with leading agencies and general contractors.

Reserve your spot today for one of the best business development events of the year! Reservations are on a first-come, first-served basis and attendance is limited to one representative from each company.

HOW IT WORKSRepresentatives from each agency and general contrac-tor are stationed at tables. Subcontractors move around the room from table to table to network with the agency and general contractors.

“Meet the Generals” BreakfastA Business Development Opportunity

Santa Barbara Construction Expo 2013 www.sbcontractors.org Friday October 4, 2013

About the

EXPOFriday October 4, 2013

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Board of Directors 2013

John HolehousePresident

Jack Martin1st Vice President

Paulo Sitolini2nd Vice President

Dan GeorgeTreasurer

Peter NovakParliamentarian

Patrick Foster

David James

Jon Kenney

Brian Larkowski

William Mace

Mark Magid

Robert Mislang

Rodney Utt

Executive DirectorKarin [email protected]

Administrative AssistantApril [email protected]

Santa Barbara Contractors Association914 A Santa Barbara StreetP. O. Box 23409Santa Barbara, CA 93121805.884.1100 Phone805.884.1108 Faxinfo@sbcontractors.orgwww.sbcontractors.orgwww.builtgreensb.org

The Santa Barbara Contractors Association Newsletter is published weekly by the Santa Barbara Contractors Association, Inc. Edito-rial and advertising offices are located at 914 A Santa Barbara Street, P.O. Box 23409, Santa Barbara, CA 93121. Office 805-884-1100, Fax 805-884-1108, Email [email protected]. A subscription is included in the annual membership dues. The newsletter is distrib-uted to more than 600 local businesses and agencies. Articles appearing in this news-letter are presented as a public service and may not reflect the opinion of the publisher, its board of directors or its members. Please send comments regarding the newsletter to [email protected].