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JUNE 2014

PRESIDENT’S COLUMN The next 120 seconds will improve your life...if you DO something.

Excuses Not to Network This month I was thinking a lot about all of the events that NARI provides to its’ members and how valuable not only the information is, but how valuable the opportunity to network is in our profession. I ran across this article that probably conveys this thought much better that I can. Thanks to Guy Gage, from Partners Coach (www.PartnersCoach.com) for his thoughts this month. One of the courses I’m preparing to teach in the next round of the Partner Pipeline is the art of networking. It is an important skill to develop to be an effective partner. But if you’re like many, you have a skewed idea of what it is and how to do it, which is why you so easily discount it or avoid it. Networking done well is a very effective way to grow your business.In spite of its importance, you give excuses not to. Which one(s) do you use the most? “I’ll let my expertise and experience do the selling.” And how’s that working for you? If that’s your strategy to grow your business, I’ll bet your phone doesn’t ring very much. That’s because your expertise Quote of the Week and experience aren’t enough to consistently “The richest people prompt prospects to call. When you get in the world look an occasional inquiry, you feel justified in for and build the method, totally networks, everyone unaware of all the calls that didn’t come in. else looks for work.” “People should want to engage us because we’re

the best.” That’s YOUR logic, not that of your prospects. They want more than the best; they want human beings they can relate to. You’re living in la-la land if you think being the best is enough. It’s important; just not sufficient. “I’m not an extravert, so networking doesn’t work for me.” Some of the best networkers are “interested introverts,” not interesting extraverts. In fact, once you know how to network, you will discover that introversion is actually an asset. You just haven’t learned how to use your style to your advantage. “I don’t have the time to network.” Unless you want to be left behind, you have to network. You just have to do so in smart ways that take minimal time for maximum gain.You already have a full time job, so networking should be integrated into your work, not an add-on when you have time (which is never). Your networking efforts will position you with the right people in the right places to grow your business. Don’t be left behind. Sincerely, John A. Puslat Window & Door Designs and Total Remodeling President, Miami Valley NARI June 2014 | www.naridayton.org – 1


Current Remodeling Conditions Fell in March Survey NARI reports harsh winter may have played a role The National Association of the Remodeling Industry’s (NARI) first-quarter 2014 Remodeling Business Pulse (RBP) data of current and future remodeling business conditions show current condition ratings fell significantly in March. Business conditions during the first three months of 2014 dropped to 6.07, down from 6.41 in December. There was a decline in all but one of the sub-components that drive the overall current rating. Conversion of bids and sales value of jobs had the largest dip. However, strength of sales in this three month period increased to 6.51, from the 6.41 reported during the fourth quarter of 2013. “The harsh winter seemed to have played a role in the decline of our numbers this quarter,” says Tom O’Grady, CR, CKBR, chairman of NARI’s Strategic Planning Committee.” However, despite the low ratings for current business conditions, remodelers are more optimistic about the future, heading into their busy season. The outlook for business three months out reached a new all-time high of 6.51, from 6.41 in December 2013. Growth indicators in the first quarter of 2014 are as follows (rating is from 1 to 9, where 1 is much worse than a year ago and 9 is much better; 5 is about the same as last year): • Current business conditions fell to 6.07 (from 6.51 last quarter) • Number of inquiries remained flat at 6.24. • Requests for bids had a slight drop to 6.16 (down from 6.22 last quarter)

move ahead with higher-priced projects, which is still the biggest barrier to growth.” When asked about what is driving growth, remodelers had responses similar to those seen in the last few quarters. Activity is being driven by several factors: • Postponed projects continue to be the No. 1 factor in remodeling business growth, at 81 percent, up from 75 percent in December. • Improving home prices was at 59 percent, down from 61 percent in December. • More certainty about the future moved into the No. 3 spot, at 39 percent. “From the comments on the Remodeling Business Pulse survey, remodelers still feel this will be end up a strong year for business,” O’Grady says. To review the research in its entirety, please send your request to marketing@nari.org.

June 18th

Happy Hour from 4:30 to 6:30 PM at Franco’s Ristorante Italiano at 824 E Fifth Street. Sponsored by Carr Insurance Agency.

July 22nd

• Conversion of bids fell significantly from 6.03 to 5.71.

Membership Meeting – CPR Recertification Training at Walnut Grove Country Club, 5050 Linden Ave., Dayton, 45432.

• Sales value of jobs sold declined to 5.84 (down from 6.27 from last quarter).

September 22nd “Save It”

“Postponed home maintenance issues continue to be a large driver for projects,” O’Grady says. “However, homeowners remain slow to make the decision to 2 – June 2014 | www.naridayton.org

Golf Outing and Dinner at Walnut Grove Country Club on September 22, 2014 with golf at 10:00 AM and dinner at 6:00 PM.


Surviving an OSHA Inspection Continued from last month

Contributed by Bob Dunlevey – Dunlevey, Mahan & Furry, www.dmfdayton.com Before OSHA appears, you should establish a protocol for an inspection and designate a team which will be the only individuals interfacing with OSHA. One individual should be designated to keep tight control over the entire process—preferably someone is who is not “overly talkative.” Stick with the following hints and avoid being overly cooperative or overly communicative (a high level of cooperation won’t do anything to mitigate your exposure to liability, contrary to what you have heard): • Designate one safety knowledgeable manager to interface with OSHA now and in anticipation of future visits. • Consider whether to immediately employ an experienced safety consultant or OSHA attorney to handle the initial inspection and the balance of the matter so as to keep you isolated from being exposed to the Compliance Office (C.O.) and saying and doing the wrong things. OSHA will wait until your representative arrives, so don’t be in a hurry! • Review C.O.’s credentials and obtain full name and office address. • Determine if the inspection is caused by complaint, is random or post-accident. • Inquire as to the scope of the inspection (specific piece of equipment, area or wall-to-wall) and get a copy of the complaint at the outset and confine the inspection to the items in the complaint. • If wall-to-wall inspection, consider requiring a search warrant. • If narrow inspection, reach agreement as to approach for inspection and confine the scope of inspection. • Walk with C.O. (elbow to elbow) through entire inspection. • Try to postpone employee interview until you have a thorough appreciation of what occurred, who

was involved, what OSHA Standards are applicable and whether your company was in compliance at the time of the accident.Your representative is entitled to brief employees in anticipation of their interviews and this is well worth the time and effort. • If the C.O. asks what happened—don’t guess—even if you think you know. • Take pictures of anything OSHA takes pictures of from the same angle at the same time. • Provide no unsolicited information and permit no one else to do so. • Don’t provide documentation to OSHA until you and your safety experts have thoroughly reviewed the documentation—consider whether the information can be provided in a form that states the company’s position in the most positive light. • Take minutes/notes regarding everything C.O. does and says, including those to whom he speaks (he has the right to interview employees outside of your presence but you may be present when supervisors are interviewed). Be careful what you write. It is discoverable. • If C.O. has a video recorder, be cautious that, while it may be pointed to the ground, it is recording audio (a favorite trick). • Don’t take pictures or write emails during or after the inspection that could be used against you—they are discoverable. • Refrain from having employees write witness statements of events which caused the inspection— these statements are admissible at time of trial and are seldom beneficial. • A company representative can be present when the C.O. interviews a supervisor and a knowledgeable representative should always be present and ask for a copy of any written statement taken immediately upon conclusion of the interview – don’t let the supervisor sign the statement until you are sure it properly states the testimony of the supervisor. June 2014 | www.naridayton.org – 3


• Limit a C.O.’s conversation with employees at their work stations and don’t permit the employees to group themselves around the C.O. to engage in group discussions. • Avoid reenactment of accidents and merely permit the C.O. to review the normal operations. • Take thorough notes at the “closing conference” when the C.O. reviews this findings – an experienced attorney skilled in OSHA defense should be present if it is a significant matter such as a fatality. • Determine whether to contest any citation based upon the costs involved, the penalty amount, the severity of citation, the precedent set, the ability to abate the alleged violation (time and method), likelihood of future violations and the impact on other possible collateral litigation. An informal settlement conference is available at OSHA’s offices but is seldom beneficial. Remember that almost always a company can receive a substantial reduction in the monetary penalty imposed, but the real consideration is whether by

settling the case you are agreeing to change your methods of operation in some fashion which will, at least, be expensive or, at most, be totally impractical and substantially impede effective and economic production. Don’t measure the success of the outcome of the investigation by the number of dollars that the penalty has been reduced, but instead by hoe the agreed to abatement efforts do not impede your normal operations. Also, other types of civil court actions and administrative proceedings may arise out of the accident and OSHA’s documentation will be discoverable. OSHA’s enforcement activities have changed dramatically in the recent years and your approach to dealing with the agency needs to be reconsidered, if you are to survive an inspection. Few attorneys and consultants are adequately equipped to deal with safety issues, especially when there are serious accidents. Take the time now to consider how you will approach an inspection before your day comes. For further information, contact Bob Dunlevey, Dunlevey, Mahan & Furry at (937) 223-6003. www. dmfdayton.com

Thank You Sponsors and Supporters

In what turned out to be a beautiful evening in the “Grove” at Walnut Grove Country Club, more than 200 Miami Valley NARI members, family and friends got together for a great time remembering Gary Porter (19522013) and his contributions to NARI over the years. As the first president and founder of the local chapter of NARI, Gary was a role model and mentor to many others, both professionally and personally. Gary was a strong advocate of education in the industry and taught many certification classes in his 30 years with NARI. It is with that spirit that the Gary Porter Memorial Scholarship Fund has been established, to support ongoing educational programs for local youth who want to pursue a career in the trades. The evening featured a great fish fry and beverages, a variety of music from piano to acoustical to a local rock band, featuring Miami Valley NARI Director, Jason Mowery. Jason and members of the Outreach Committee were instrumental in making this event a success in its first year. We will build on the successes of this year to begin planning for another fundraiser in 2015.

4 – June 2014 | www.naridayton.org


Featured Supplier – Insurance Works Insurance Works LLC specializes in providing insurance services to the remodeling industry. Bill Montgomery, CIC, OPHP, has been a NARI member since 1992. The company is a full service agency offering business liability, property, auto, bonding, life, health and disability insurance. Insurance programs are designed to fit the specific needs of the remodeling industry, and offers coverage for trade or artisan contractors such as carpenters, plumbers, electricians, HVAC contractors, landscaper/lawncare services, fire sprinkler/fire suppression / extinguisher contractors, and computer services, just to name a few. Insurance Works offers a NARI discount program. Certified Remodeler coverage is also available. Call (937) 424-5633 or visit them online at www.inswrks.com.

NARI Names New Chief Executive Officer The Executive Search Committee is proud to share that the National Association of the Remodeling Industry (NARI) has named a successor to outgoing Executive Vice President, Mary Harris. Following an exhaustive national search which commenced in January, our Executive Search Committee engaged in a very thorough and methodical process to review scores of resumes and interview many highly qualified candidates for the position. Fred Ulreich, former NARI National Director of Business Development and National Membership since September 2013, has been named the new CEO and has begun transitioning into this position. Fred’s work experience and background are uniquely suited to the criteria sought for the position. With executive experience at the United States Chamber of Commerce, Wells Fargo and Affinity Center International, Fred is a strong team leader bringing a strategic perspective and collaborative work approach to the diversity of stakeholders within NARI. Fred is the right person at the right time to partner with elected

leaders and staff leading NARI toward NARI 2020 and its next phase of development. Sincerely,

The

Miami Valley

Remodeler

The Miami Valley Remodeler is published monthly by Miami Valley NARI. Miami Valley NARI 136 South Keowee Street Dayton, Ohio 45402 (937) 222-NARI (6274) Fax (937) 222-5794 EXECUTIVE DIRECTOR Kimberly A. Fantaci

ASSOCIATION EXECUTIVE Ric Kirchner

THE REMODELER EDITOR Michelle Crawley

Art Donnelly, MCR, CKBR Chairman of Search Committee The Executive Search Committee: • Past President Dean Herriges, MCR, CKBR • President Kevin Anundson, MCR, CKBR • President-Elect Judy Mozen, CR, GCP • Treasurer H. Dale Contant, MCR, UDCP • Secretary Robert Didier • Past President Michael S. Hydeck, MCR, CKBR • Bylaws Ethics Committee Chairman Don Van Cura, Sr., MCR, CKBR, GCP,UDCP, CLC • National Member Representative Amy Mosley • General Counsel Paula Goedert (in advisory capacity)

2014 MIAMI VALLEY BOARD OF DIRECTORS PRESIDENT John Puslat Window and Door Designs CHAIRMAN OF THE BOARD Peter Price, MCR, CKBR Stillwater Builders Company VICE PRESIDENT Michelle Bilbrey, UDCP W E Bilbrey General Contractor, LLC SECRETARY Billy Brinck Ferguson Enterprises, Inc. TREASURER Scott Bruns Rebuilding Together Dayton DIRECTORS Matt Jones Greater Dayton Building & Remodeling Lori Ring Hamilton Parker Company John Harkleroad CR, UDCP Brentwood Builders Inc. Gary Lytle Sibco Building Products Jason Mowery Mowery Construction Inc. Jay Hurst, CR Hurst Total Home, Inc. Randy Light CR Possert Construction Company

June 2014 | www.naridayton.org – 5

Miami Valley NARI Remodeler June 2014  
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