M et rohbajackson.businesscatalyst.com/2016/MHB-2016-Issue-2... · M et ro. HOME BUILDERS. a...

M et ro HOME BUILDERSa publication of the home builders association of jackson | Vol. 12 /no. 2

BEST IN SHOW156 BRIDGEWATER BLVD. | BRIDGEWATER JonMark Jordan, CPB, Portico Homes

Andy Barksdale

Robert Blackmon

Jim Carney

Trey Copeland

Christian Cowan

Stephanie Cummins

Eddie Duran

Wilson Eatherly

Jay Fowler

Marvin Freeman

Mike Gray

Jim Harris

Rita Jensen

Kim Jent

JonMark Jordan

Kevin Kinkade

Loretta Martello

Shane McLendon

Albert Moore

Mildred Nelson

Kelli Nicholson

Uriel Pineda

Tim Prevost

Wade Quin

John Michael Rainey

Billy Ray

Bobby Rayburn

Terry Reeves

Joe Robertson

Jeff Salmons

Carl Sandberg

Todd Seymour

Joe Shanahan

Scott Shoemaker

David Smith

Steven Smith

James Swanner

Jeff Terry

John Travis

Susan Upton

DeFord Walker

HBAJ STAFFExecutive Vice President Vicky Bratton

Director of Marketing l Finance l Events Brandy Martin

Director of Communications l Education Spence Tribble

Director of Membership Amy King

The Home Builders Association of Jackson is located at

195 Charmant Drive, Ridgeland, MS 39157

601.362.6501 l hbajackson.com

CONTENTS

HBAJ BOARD OF DIRECTORS 2016HBAJ OFFICERS 2016President Todd Seymour

Vice President Carl Sandberg

Secretary/Treasurer Shane McLendon

Builder Vice President DeFord Walker

Associate Vice President Billy Ray

Immediate Past President Steven G. Smith

METRO HOME BUILDERS MAGAZINE 1

Volume 12 Issue 22 EO Message 3 President’s Message 4 MemberShip Cruise Results

5 Market Update

7-8 Best in Show: 156 Bridgewater Blvd.

11-12 Spring Parade of Homes Winners

13 Moen Feature

14 Summer Party & After Hours

15 Events @ State Convention: Let’s Flamingle

16 Homes For Our Troops

17 “Veil Piercing” By: Trey Copeland, Esq.

18 Spring Golf Outing @ Deerfield

19 Magnolia Lighting Ridgeland Grand Opening

19 Carr Plumbing Madison County Grand Opening

20 Crawfish Boil & Reeves/Thomas Draw Down

21 Richard J. Thomas Special Recognition

HBAJ STRENGTH. It’s amazing to watch our members work toward a common goal. It’s apparent in every event that we hold but especially pronounced in our most recent MemberShip Drive. Planning for the membership drive, John Michael Rainey and Loretta Martello were concerned about this year’s drive because they knew that we would have to surpass our last year’s hearty goal of 62, just to net that growth. We discussed many realistic numbers but they decided on 80 new members from May through August. It was a hefty goal but they had the confidence in our Board members and Membership Committee that they would do everything in their power to make that goal.

Watching the dynamics of the drive, I am speechless at the amount of work and friendly competition that was brought forth. John Michael led his group by showing them that he would lead by example and was in first place every month with the most members. And then there are the others that in year’s past, did not feel comfortable in talking to people about joining HBAJ. They just didn’t feel like they had a sales approach in which they were confident. Man, have things changed!

Under Jeff Salmons’ and Steven Smith’s tenures as President, the Impact 100 was created. And that was the beginning to take on new, higher goals for membership. With that planned and specific ways to get to the goal of membership, it created the map for any future drive. Our full Board of Directors have been supportive by helping bring in new members all year long.

If you do the math, 100 members x $450 (average dues rate) = $45,000. Now granted, some of those members could have come into the Association on their own – or, would they? And then, the cruises cost about $7,000. If that’s not a successful drive, what is? One thing not to miss is that when members think about HBAJ collecting dues money, sometimes they forget to think about that a large portion of that goes to NAHB and a smaller amount goes to HBAM. But, all in all, the benefits are there for membership. And HBAJ is stronger by 100. Now, on to retention!!!

Executive Officer, Vicky Bratton Home Builders Association of Jackson

EO Message

2 METRO HOME BUILDERS MAGAZINE

84 Lumber

AmFed

Assurance Financial

Atmos Energy

BancorpSouth

BankFirst

BankPlus

Builders Marble

Builder’s Specialties

Capitol Building Products

Climate Masters

Constress, Inc.

Cowboy Maloney’s Electric City

Elcon Electrical Contractors

Ferguson Bath Kitchen & Lighting

Gallery

Frierson-Bailey Lumber & Supply

H.D. Lang & Associates

Jackson Ready Mix Concrete

Lakeside Moulding

McGraw Rental & Supply

MMC Materials

Mississippi Roofing Supply

MSI

Old South Brick & Supply

Paul Davis Restoration of Central MS

Prassel Lumber Co.

ProSource Wholesale Floors

The Lee Garland & Rita Jensen Team of RE/MAX Alliance

Sherwin Williams

Sutherland Electric

The Clarion-Ledger

The Nowell Agency

Trustmark National Bank

Wellington Associates

Gold Key Club Members

LAST YEAR, ABOUT THIS TIME, WE HELD A PLANNING MEETING AND SET GOALS TO ACHIEVE FOR 2016.

Looking back on those written goals, I can tell you that only nine months into the year, we have achieved those goals. Our goals were to: increase membership, improve or combine existing events/publications, and work on a community project as a group.

First off, increasing membership could not have happened without a strong membership committee and a supportive Board of Directors. The committee planned from January through March for the drive that lasted from May to August. The results ( just completed August 31) were tremendous – exceeding the goal of 80 and hitting a 100 new member result! I am proud to have this membership drive in my year as President but need to thank all of our members that brought in a new member in that time period. The second goal of improving events and publications can be measured by attendance in events that we’ve had this year. I know it has been a busy year for our HBAJ staff, but the addition of 2 other hunting/shooting events has brought more members than we’ve seen before. Also, inviting new members to our Board of Directors meetings – and creating a New Member orientation at the beginning of the September Board meeting is just one example of combining events to have more than one goal in mind.


President’s Message

2016 HBAJ President, Todd Seymour Berkshire Homes & Timbercrest Homes

Last, the third goal of working on a community project as a group has been achieved actually already twice this year! One, tying The Home Show Designer Challenge in by asking designers to donate at least one item from their room to be given to a local woman’s shelter. This not only helped a local non-profit organization, but also opened the donations up to any member that wanted to give. The items were delivered to the shelter two weeks after The Home Show commenced. HBAJ also connected the popular Reeves’ Thomas Draw Down and Crawfish Boil to providing a check of $1000 to a local Jackson public school, Brown Elementary, which they used for offering two students a paid scholarship to attend their summer day camp. My son, William, and the school he attends, First Presbyterian Day School, adopted Brown Elementary to support this year. William was able to attend a check presentation to Brown Elementary. I am proud that HBAJ was able to use the funds to give to a worthwhile project. It’s amazing what HBAJ can accomplish. It doesn’t just happen. Your membership and your involvement in any or all of our activities is the reason that we can accomplish so much. I am looking forward to supporting Carl Sandberg (2017 President). I can’t wait to see what you accomplish in 2017!

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WITH A GOAL OF 80 NEW MEMBERS...

Home Builders Association of Jackson completed the 2016 MemberShip Cruise Drive with a final number of 100 NEW MEMBERS!

From May 1st through August 31, HBAJ members came together to strengthen the Association with new members. There is strength in numbers. With a total of 670 HBAJ members, we are excited for our new and current members!

The TOP RECRUITERS to win the 2016 MemberShip Cruise are:

John Michael Rainey - 12Marvin Freeman - 9Steven Smith - 9Megan Barnes - 8Jeff Salmons - 7Billy Ray - 6James Swanner - 6

Congratulations and THANK YOU for all of your hard work!

MemberShipCruise Results

(L to R) MEGAN BARNES, JEFF SALMONS, STEVEN SMITH, JOHN MICHAEL RAINEY, BILLY RAY, MARVIN FREEMAN & KENNY MARTIN

HOURS:MON-THURS: 8 AM - 4:30 PMFRI: 8 AM - 4 PMSAT: 10 AM - 3 PM

KEN F. FOSTER115 BRIARWOOD DRIVE JACKSON, MS 39206(ON CORNER @ NORTH STATE ST.)

“ I’ve been doing business with Ken Foster, Fosters Flooring & Interiors, for over 4 years. Ken not only has a GREAT selection of carpet, wood ooring and tile, but is a WEALTH of KNOWLEDGE on all of his products and inventory. He has always been avialable to answer my many questions, expediting materials, and assisting my customers with their multiple needs. His honesty, ethics and morals are beyond reproach. It has been a breath of fresh air to have found a man of his

caliber to work with in business.” Gerry Clark, Clark’s Construction, LLC

FOSTERSFLOORING.NET | 601.366.7637

CELEBRATING OUR 1 YEAR ANNIVERSARY THIS MONTH AT OUR NEW LOCATION!

Market Update


BASED ON A ONE-ON-ONE INTERVIEW WITH NAHB’S CHIEF ECONOMIST, DR. ROBERT DIETZ, THE OVERALL MESSAGE FOR METRO JACKSON, MISSISSIPPI WAS ENCOURAGING. From May 2015 to May 2016, the metropolitan Jackson area earned a positive 12% growth in single family building permits. The state as a whole earned a 19% growth in permits with Hattiesburg soaring with a 78% growth from ’15 to ‘16.

In fact, the South is rising again by leading the country in new homes sold. NAHB’s figures detail the south region as having 341.76 million permits pulled with single family and multifamily included. And, that works as being more than half of the entire country (figures based through July

31, 2016). The number of permits pulled increases the builder confidence level and encourages more starts. We know that in this area, our lot inventory is a major concern.

Dr. Dietz advised of a recession to come immediately after the 2016 Presidential election that will hinder home buying for the next 2-3 years, but felt that every market would experience that recession in different levels. Specifically advising for Mississippi, he said that we would again not experience the highs and lows of the result of the recession.

Other encouraging signs, the metropolitan area added 2,100 jobs over the past year. House prices grew by 1.5% over the first quarter of 2016 and over the past year house prices in the metro area rose by 2.3%.

ON YOUR

BEST IN SHOW AWARD156 BRIDGEWATER BLVD BRIDGEWATER

Vicky Bratton with NAHB Chief Economist, Dr. Robert Dietz at the ALI Conference in San Antonio

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TRULY A WORK OF ART.

JonMark Jordan of Portico Homes does it again! Winning back to back Best in Show Spring Parade of Homes awards for Spring 2015 (179 Greenglades) and Spring 2016 (156 Bridgewater), JonMark knows what it takes to win.

Overall, of course, the quality of this Modern French, 5 bedroom, 5.5 bath square foot home is impeccable. JonMark uses a monochromatic theme throughout this sprawling 5,190 square foot home and uses graceful touches of gray amongst the character of wide planked heart pine flooring. The mood is fresh, light, natural and even modernistic with added warmth to every room in the home.

Let’s start at the stately entrance. Circular drive brings guests to the front entrance of this grand home in Bridgewater and the exterior is as simple and elegant as the interior. Cool, fresh, natural tones are used as the color palette for the exterior and it blends in perfectly with this homes surroundings. A comprehensive security system is provided by The Alarm Company and the system also provides surround sound for an audio video package.

Walk through the custom 10 foot glass paneled double front door into the foyer and the hand selected hardwood floors contrast with the elegant interior color scheme. Following into the family room, you’ll find a unique pre cast concrete fireplace surround adjacent to shelves and cabinets for a library collection. Another contrasting feature of this home is the antiqued specialty wood doors and custom trim provided by Lakeside Moulding. Around the corner is a room that would serve as an office or trophy room, complete with a secret (literally undetected by site) storm shelter and/or gun safe. It was the first time for the Parade judges to see a unique feature like this.

Stepping into the kitchen, you’ll find unsanded heart pine beams with original paint that extend from kitchen to keeping room. Extra-large windows open the home up and virtually bring the outdoor scenery inside. Beautiful white Carrara marble countertops are housed over a collection of light gray shaker door kitchen cabinets, stainless Wolf range, wet bar – cooler combination, ice maker, farmhouse sink, all accented with nickel finishes.

BEST IN SHOW156 BRIDGEWATER BLVD. | BRIDGEWATER JonMark Jordan, CPB, Portico Homes

The enormous 5 bedrooms and 5 and ½ baths provide enough room for a large immediate family with plenty of space to roam and provide more than enough storage space for all. The master bedroom extends to a poised sitting area nook with antique beams and a picturesque window. The George master bath dons a huge custom walk-in shower with rain shower heads, bench and Carrarra marble slab counters with inset shaker door cabinetry, artistic form provided by Lakeside Moulding throughout. Subway tile soaker tub surround rectangular marble tile floors to enhance this graceful effect. Polished nickel hardware finishing touches add to the elegance. The closet is a complete dream with tons of built-in storage for everything imaginable. A unique and transitional iron staircase banister with bead board walls heading downstairs ensure confident, graceful positioning. It is special to note that the upstairs bedrooms have custom desks and a window seat with a cozy nook which allows the occupant to overlook the stunning backyard view.

Now to the outside kitchen. Exposed old brick is used for entire cov-ered area and the focus point is the grand fireplace adjacent to the peacock paver flooring accentuated with a limestone-look. Large gatherings are easy to manage with every full kitchen convenience and plenty of room to enjoy a meal as well as socialize. The backyard overlooks zoysia turf and the breathtaking, undeveloped hard wood area that is also enjoyed by just about every room in this home.

It is no surprise that this larger than life home won the Spring Parade of Homes Best in Show award.


Our Lowest Price GuaranteeConvenient, In Stock SelectionsNew and Stylish Interior Options

Designers on Staff24/7 Access to the Showroom

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CONGRATS TO JONMARK JORDAN, PORTICO HOMES, ON YOUR BEST IN SHOW AWARD!


Up to $230,000

1997 East Ridge Cir. | ProvidencePyron Builders | David Pyron

116 Kaden Ln. | White OakThomas Builders, Inc. | Nick Thomas & Chris Thomas

1st 2nd 3r d

703 Adair St. | Scottish HillsMiss Lou Homes, LLC | Kelli Foster

$231,000 - $275,000

117 Sweetbriar Dr. | Sweetbriar Plantation Boteler Real Estate | Ben Boteler

159 Buckhead Dr. | Timber RidgeThomas Builders, Inc. | Nick Thomas & Chris Thomas

1st 2nd 3r d

400 Araglen Dr. | GlenwildBreland Diversified | Darryl Breland

$276,000 - $325,000

202 Cowan Creek Dr. | Cowan CreekChristian Cowan Builder, LLC | Christian Cowan, CPB, CBP

80 Brisco St. | Hatheway LakeChris Cook Construction, LLC | Chris Cook

1st 2nd 3r d

206 Copper Creek Dr. | Copper CreekHughes Builders, Inc. | Terry Hughes, CPB

Winners

The 2016 Spring Parade took place May 14-15 and continued May 21-22. This Parade featured 62 homes throughout the Metro Jackson Area. The award for Best in Show went to JonMark Jordan with Portico Homes, for his home located at 156 Bridgewater Blvd. in Bridgewater. JonMark, and all the Parade award winners, were presented their awards at the Parade of Homes Awards Luncheon held at the HBAJ Building on Thursday, May 12.


A photo of the Best in Show home, and Andy Barksdale, with BancorpSouth, presenting JonMark Jordan the Best in Show award at the Awards Luncheon.

$326,000 - $400,000

205 Stone Creek Dr. | Stone CreekBuckhorn Properties, LLC | Alex F. Ross

112 Esther Cv. | Hatheway LakeFolwer Construction, Inc. | Jay Fowler

1st 2nd 3r d

805 Onyx Pl. | Latter RayneDeep South Custom Homes, LLC | Brian Burkley

$401,000 - $500,000

134 Latter Rayne Dr. | Latter RayneIKON Homes | Jim Harris CPB, AJ Harris & Diane Harris

103 Ridgetop Cir. | Audubon WoodsMiss Lou Homes, LLC | Kelli Foster

1st 2nd 3r d

804 Onyx Pl. | Latter RayneIKON Homes | Jim Harris CPB, AJ Harris & Diane Harris

$501,000 - $600,000

112 Harper St. | The Township at Colony ParkCrosstown Builders | Todd Sandridge, CPB & Trey Pace, CPB

104 Heron’s Landing | Heron’s Landing of BridgewaterCedarstone Construction, Inc. | Todd Carter, CPB

1st 2nd 3r d

503 Sioux Cv. | Indian CreekLe Jardin Custom Homes | J.W. Todd

Over $600,000

156 Bridgewater Blvd. | BridgewaterPortico Homes, LLC | JonMark Jordan, CPB

237 Hidden Oaks | BridgewaterCedarstone Construction, Inc. | Todd Carter, CPB

1st 2nd 3r d

109 St. Regis Dr. | St. RegisTrisler Custom Homes | Cade Trisler

Best In Show


OCTOBER 15,16 & 22,23HOMES OPEN: 1-5 PM

VIEW ALL HOMES @paradeofhomesjackson.com


WHAT BRAND OF PLUMBING FIXTURES ARE YOU USING IN YOUR HOMES TODAY?

Would you like to receive rebates for purchasing your fixtures? Even if you don’t want to earn money back on the products you use in each home, you should consider Moen as an option. Moen has a long history of beautiful plumbing fixtures that are guaranteed to last a lifetime. In addition to offering aesthetically pleasing and high quality fixture options, Moen offers many more kitchen and bath accessories. Moen’s product line includes everything from fixtures to garbage disposals to bathroom safety accessories. They offer fixtures in all of the popular finishes and in modern, transitional and traditional styles. You can renovate an entire bathroom straight from Moen including showerheads, faucets, lighting and safety grab bars. The list of awards that Moen has received for the innovation and design they display in their products is far too long to list. If you’re interested in learning more about Moen, we highly encourage you to get in touch with Don Edstrom. Many of you may know him from his many years at Ridgeland Specialty Hardware, but he has been hard at work for his customers as the Territory Sales Manager for Moen in Mississippi for over a year. Don lives locally, and is easy for you to reach whenever you need assistance. If you’d like to contact Don, you can reach him at (601) 331-6501 or [email protected].

To find our more about Moen products contact Don Edstrom at (601) 331-6501 or [email protected].

You can find Moen products at Southern Bath & Kitchen located in LeFleur’s Gallery - 4800 I-55 North, Ste. 16A Jackson, MS 39211. Call (601) 982-7176 for more info.


SUMMER PARTY & AFTER HOURS @ PELICAN COVE GRILL IN RIDGELAND

SPONSORED BY:

On the evening of June 21st, over 80 HBAJ members gathered by land and by lake at Pelican Cove to kick off the summer. The HBAJ Summer Party brought together many new and familiar faces of the association. HBAJ members told stories of the past while looking forward to the future. During the Summer Party, business was conducted, laughter was contagious, and connections were sealed with a hand shake. The new members were able to meet the familiar faces of the Association and learn the importance of Doing Business With A Member. It’s fellowship between each other that makes HBAJ a stronger association. Thanks to Atmos and Community Bank for sponsoring the event which we were able to provide delicious hors d’oeuvres for the crowd!

JOHN MICHAEL RAINEY & MARVIN FREEMAN

HBAJ MEMBERS ENJOYED FELLOWSHIP AND A SUNSET RIDE ON THE REZ


HBAJ EVENTS @ STATE CONVENTION

This year’s State Convention was held June 22-25 at the Beau Rivage in Biloxi, MS. Over 200 attended the Convention, including 109 from Jackson! New for this year, HBAJ hosted a hospitality suite at the Beau Rivage where attendees could retreat to in-between Convention events and meetings to have drinks, appetizers and visit with other members. The theme for the HBAJ hospitality suite was “Let’s Flamingle” and was a big hit to all who were able to stop by and visit. Special thanks to all of our sponsors: Atmos Energy, BancorpSouth, BankPlus, Hartwig Moss Insurance Agency, Climate Masters, Inc., MMC Materials, Trustmark, AmFed and Peoples Bank. Thanks for your support, and helping make this year’s convention great! Also, a big congratulations to the HBAJ Volleyball team for winning the championship at the State Convention Volleyball Tournament!

SHANNON COKER, GOVERNOR PHIL BRYANT, JOHN TRAVIS & SHANE MCLENDON

GREG PARSONS WITH THE VOLLEYBALL TROPHY HBAJ WINNING VOLLEYBALL TEAM & CHEERLEADERS

TERRY REEVES BEING INDUCTED INTO THE HBAM HALL OF FAME FUN IN THE HOSPITALITY SUITE... LET’S FLAMINGLE!

ROB STEVENS & CARL SANDBERG


MISSISSIPPI VETERAN RECEIVES KEYS TO MORTGAGE-FREE HOMES

Army Sergeant John Vail and his family received the keys to their brand new home during a ceremony in Mississippi on Saturday, July 16th. The Key Ceremony presented the family with a mortgage-free home through a partnership between a national nonprofit organization and a local home builder company.

Sergeant Vail was deployed with the 113th Military Police Company of the Mississippi Army National Guard in October 2011. In spring 2012, while on a routine patrol in Kuwait, the vehicle he was riding in rolled over, ejected him and then landed on top of him. The incident resulted in a spinal cord injury and paralysis from the waist down.

As a part of the Homes for Our Troops initiative, the constructed home’s floor plan has been adapted to assist Sergeant Vail in his daily living. Homes for Our Troops (HFOT) is a nonprofit organization that builds mortgage-free homes for severely injured Post-9/11 veterans. These homes are specifically altered to increase and enable independence. The organization aims for these homes to serve as an opportunity for veterans to begin rebuilding their lives.

Local homebuilding company, HouseWorks LLC, partnered with HFOT to construct the Vail home in the Lake Caroline Neighborhood of Madison, Mississippi. HouseWorks is primarily a home improvement company which focuses on revitalizing living spaces while adding value to their client’s home. The Mississippi based company also aids aging clients and those with disabilities by providing American Disability Association approved products.

“We, like everyone else, have families and loved ones that we care deeply for,” said Jeff Salmons, President of HouseWorks.

Their emphasis on care is what works seamlessly with the HFOT initiative’s goals.

Although the Vail home was just recently completed, HouseWorks and HFOT are already breaking ground on a second project. The organizations look for continued partnerships moving forward.

To learn more about HFOT, their mission and Sergeant Vail, visit www.hfotusa.org/vail. For more information about HouseWorks, visit www.houseworksco.com.

Homes For Our Troops

ARMY SERGEAN JOHN VAIL WITH JEFF SALMONS

JOE SHANAHAN, QUINTIN HARTT, STEVE BOYER & JEFF SALMONS


1. There must be a frustration of the contractual expectations regarding the party to whom the claimants looked for performance (in other words, in the case of a builder, the owner can honestly say he did not know who he was doing business with);

2. There has been a flagrant disregard of corporate formalities by the defendant corporation and its principals; and

3. The shareholder or LLC member has committed fraud or other equivalent misfeasance.

What does all of this look like? Well, it looks like this: A Builder (1) who has an LLC or a corporation, but who does not have his license in the name of his LLC, but keeps it in his own personal name, his business card just has his name with the word “builder” or “contractor,” and a phone number; his invoices and contracts do not necessarily spell out his corporation as being the one that the owner is doing business with; (2) who is lazy, and does not kept up with his annual filings with the Secretary of State, does not do the internal paperwork like separation of bank accounts or pays for his dry cleaning out of his corporate account, and titles equipment in his personal name and not his corporate name; and (3) who hops in and out of LLC’s for the sole and only purpose of frustrating legitimate claims by owners for defects and defective workmanship; is in great risk of having his corporate or LLC “veil” pierced and a claimant being allowed to go directly against the Builder, individually.

Therefore, for the Builder, the exceptions to the “agent for disclosed principal” rule are as follows:

1. The Builder does not act on behalf of his entity, does not disclose his principal (his business) or acts in such a way that the owner truly does not know who he is doing business with;

2. The Builder acts on behalf of his disclosed principal (his business), but commits fraud on the owner; or

3. The Builder acts in such a manner as to entitle the owner to “pierce the veil.”

As you can see, all three of these exceptions are similar and overlap the other. The take way, then, is the same as discussed in the last article: the Builder must properly form his entity, the Builder must properly maintain his entity, the Builder must stay disciplined in maintaining complete separation from his personal life and his business life, and the Builder must maintain his license in his entity and make it abundantly clear to “all the world” he is doing business through his entity.

Of course, none of this helps if the Builder is intent on using his entity to commit fraud on his customers. What does all of this look like? It looks like the Builder who builds 10 houses, each one under a separate LLC, with no liability insurance, and who dissolves each one of the LLCs as soon as the house is sold or a certificate of occupancy obtained. A Builder who uses his entities in such a manner, no matter how perfectly he has formed his LLCs, maintained them and held them out to the public, could still risk personal liability under the law.

“Veil Piercing” AND THE EXCEPTION TO THE “AGENT FOR DISCLOSED PRINCIPAL” DEFENSE

In the last article, I discussed the concept of the “agent for disclosed principal” defense. Of course, with every defense, there is an exception. This article will discuss that exception, and then discuss the concept of “veil piercing.” Both of these concepts go hand-in-hand.

The first of these exceptions is where a corporate officer directly participates or authorizes the commission of a tort, even if he is acting on behalf of the corporation, he may be held personally liable. See Turner v. Wilson, 620 So2d 545, 548 (Miss. 1993). This goes hand-in-hand with the principle that where a corporate officer or representative is acting on his own personal behalf and not solely on the half of the entity, that officer representative can be subject to individual liability. This is why it is so important to make it abundantly clear that, if you are acting on behalf of your corporate entity, you make it known at every stop. The courts have clarified these two principles into the general rule that an agent for a disclosed principal bears no personal liability on the principal’s contracts, absent fraud. Gray v. Edgewater Landing Inc., 541 So. 2d 1044, 1047 (Miss. 1989).

In addition to this general rule, with its exceptions, the courts have also held that while a corporation is a legal entity, separate and distinct from its shareholders, the corporate entity should be disregarded, where the separate distinctions between the corporation and the shareholder no longer exist, and where the adherence to the fiction of a separate corporate existence would, under the circumstances, sanction a fraud or promote injustice. A & L, Inc. v. Grantham, 747 So.2d 832, 843 (Miss. 1999). In English, this means that in addition to the exception to the general rule, discussed above, there is another exception, commonly called “veil piercing.” In order for this to occur, three events must happen:

Clyde “Trey” Copeland, III, ESQ.,with Jernigan Copeland & Anderson, PLLC, is Chair of the 2016 HBAJ Education Committee.


On April 7, HBAJ held their Spring Golf Outing at Deerfield Golf Club in Madison County. Over ?? golfers spent the day out of the office and on the course! Special thanks to all of our sponsors... 84 Lumber, Acme, Assurance Financial, Atmos Energy, BancorpSouth, BancorpSouth Insurance Services, BankPlus, Builders Mutual Insurance Company, CenterPoint Energy, Community Bank, Constress, Inc., Craft Croswell, IKO Roofing, Lakeside Moulding, MMC Materials, NetLink, Prime Lending, ProSource Wholesale Floorcoverings, R.E. Parsons, P.A. and Trustmark.

HBAJ SPRING GOLF OUTING@ DEERFIELD GOLF CLUB


Magnolia LightingHOLDS GRAND OPENING IN RIDGELAND

On Tuesday, July 19, Magnolia Lighting opened their doors for a Grand Opening and invited HBAJ members as well as the community to visit their new location in Ridgeland. Gene McGee, Mayor of Ridgeland, kicked off the welcoming presentation. Many HBAJ members were onsite to support Magnolia Lighting and to view their finished displays and to shop. We welcome our new member and encourage HBAJ members to visit their showroom – located at 314 New Pointe Drive, Ridgeland.

Carr Kitchen & Bath Design CenterHOLDS GRAND OPENING IN MADISON COUNTY

May, 2016 - HBAJ members were invited to attend a grand opening for Carr Plumbing’s newest location off Yandell Road in Madison County. All of the Carr’s and staff were present along with manufacturer’s reps on-site to answer questions about new products. The favorite items of the crowd were the copper and stainless stand-alone tub and the Altmas faucet fixture line made of crystals, among others. Carr’s showroom has been professionally designed and features individual vignettes of bathrooms with various furniture vanities, uniquely sized and shaped tubs and seamless showers with multiple heads, just to name a few areas within their showroom. The office portion of the showroom was also obviously professionally designed with state of the art finishes, including white leather office chairs, grey stained wood finishes, and a friendly staff excited about their new office and new customers.

Oh, and by the way, Carr also displayed every faucet in every type of finish imaginable. Thanks to Carr for the invitation to share their new location news!

Ryan Carr, Bob Carr and Robbie Carr at the grand opening of their Madison County location at 149 Yandell Rd, Madison, MS 39110.

Magnolia Lighting with the City of Ridgeland Mayor, Gene McGee, at the ribbon cutting for their new Ridgeland location located at 314 New Pointe Drive.


HOME BUILDERS ASSOCIATION OF JACKSON’S

CRAWFISH BOIL &REEVES/THOMAS DRAW DOWN

SPONSORED BY:

On April 21, HBAJ held their annual Crawfish Boil & Reeves/Thomas Draw Down. One of the most well attended events of the year, members enjoyed all the crawfish they could eat along with beverages, fun, excitement and door prizes as the Draw Down portion of the night began! The winner of this year’s Draw Down was ??????. HBAJ was able to raise $1000 from the event to go toward Brown Elementary’s Summer Camp program!


WITH GREAT RESPECT, WE GIVE SPECIAL RECOGNITION TO RICHARD THOMAS, LONG TIME MEMBER OF HOME BUILDERS ASSOCIATION OF JACKSON.

Richard was involved in HBAJ since the 1950’s and served on the Board throughout all of those years. He was an MSU Superfan. He never met a stranger. He and his wife, Faye, raised 5 sons – including fellow members, Chris Thomas and Nick Thomas (HBAJ Past President) of Thomas Builders, Inc.

Richard was the owner of Richard J. Thomas Builders and was a licensed building and roofing contractor for over 50 years. Nick would tell you that he learned his work ethic from his father.

Richard developed many close business relationships with HBAJ members over the years. Special to note is that Richard was most active in the HBAJ Draw Down event, along with Terry Reeves (Climate Masters). A couple of years ago, the event name was changed to reflect the many years of work these two gentleman put into the “Reeves/Thomas Draw Down”.

You rarely would see Richard without his wife Faye. Even this year, Richard and Faye joined the HBAJ group at After Hours, pleasing many attendees.

The Association extends to Richard’s family heart-felt loss and sorrow, and we also feel the loss of our long-time member as well.

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