I can't hear you with your mask on

JENNIFER STINSON, Au.D., DOCTOR OF AUDIOLOGY STINSON AUDIOLOGY SERVICES

By now, we have all seen the memes/jokes on the internet about wearing masks. You probably have seen it yourself; some people don't wear them correctly. Some remove them before talking, and then some carry them around and never seem to put them on. You may have also noticed a challenge with other people being able to hear well when you are wearing a mask and trying to social distance. Or maybe you never thought you had a problem hearing, but now you are experiencing trouble hearing in the checkout line at the grocery store or ordering food. You just can't seem to make out what the person is saying. You might think to yourself, if they could just take their mask off, I could hear them! Well, as the kids say these days, "the struggle is REAL." As an Audiologist, my first instinct is that I wish we could all have clear masks so that everyone can read lips or get some visual cues. While that is a very valid suggestion, we don't all have access to those masks, nor do they provide the appropriate amount of protection in some situations.

An article recently published in The Hearing Review identifies exactly how degraded the speech signal can get with different styles of masks. As you can imagine, the N95 masks attenuate the most, but even a simple surgical mask degrades high frequencies, which are most important for speech understanding.

I have outlined some helpful tips to use during interactions with your clients, patients, or even friends while wearing masks. (Similar tips are given in The Hearing Review article referenced)

1. For those of you in the medical field and have a patient struggling to hear you, ask if they have hearing aids or if you can refer them for a hearing test. You can even invest in a small amplifier to use with your patients.

2. Be sure to have the other person's attention when you speak.

3. Don't shout

4. Reduce other noise in the room when possible

5. Speak slower and rephrase instead of repeating the same thing

6. If you are with a co-worker or staff member, ask them to repeat the instructions or questions to the client or patient.

1.

Unfortunately, most people don't want to admit to having trouble hearing. Regardless if you already have glasses, hearing loss is still hard to deal with. There is often a stigma associated with wearing hearing aids, but we must recognize how important it is to hear and for others to hear us. When you don't hear, you are missing or losing part of a conversation, which can lead to frustration, social isolation, and even depression. The takehome point here is that masks are not easy for any of us, but it's especially important to ensure you or those you interact with are hearing the conversation!

Residential Construction Contracts: Taking It Down to the Studs

ABIGAIL M. MARTIN, ESQ., FITZPATRICK LENTZ & BUBBA, P.C.

As large numbers of Americans work from home during the pandemic, many homeowners are looking for ways to improve their current living situations through renovations and remodeling. For those considering construction projects, as well as the contractors completing them, the construction agreement provides the contractual backbone for the conduct of the parties. It should be thoughtfully drafted and carefully reviewed. While the content and complexity of a residential construction contract vary widely, some critical terms should be present in any construction contract, including scope of work, pricing, schedule, changes in work and dispute resolution.

Scope of Work

The scope of work should be clearly described in the agreement, or in an exhibit or appendix to the agreement. This will reduce ambiguity throughout all phases of a project. Because the general public may not be wellversed in certain construction terminology, the contractor should use layman's terms when describing the scope of the project, and the homeowner should be sure to ask that any and all unknown terms be defined or explained in the agreement. If the project includes detailed plans or drawings and specifications, those should be attached to and incorporated in the agreement. And, to the extent that the type, brand, and/or quality of certain materials are important to the homeowner or necessary to the contractor, this should be specified in the agreement.

Pricing

How and when the contractor will be paid can be hotly debated and should be documented in sufficient detail to avoid any disputes. Often, contractors will require a deposit at the time of execution of the agreement, with periodic payments to be made throughout the term of the project and one final payment due upon substantial completion. Applications for periodic payments will be submitted by the contractor and should be based on the amount of work completed since the prior payment. If final payment is based on substantial completion of the project, the parties should make sure that "substantial completion" is clearly and unambiguously defined in the agreement. The parties should also familiarize themselves with the applicable mechanic's lien laws or engage the services of an attorney to advise them of their rights and obligations under such laws. In any event, with each periodic payment and the final payment, the contractor should obtain and deliver to the homeowner lien waivers for itself and its subcontractors and suppliers.

Schedule

The agreement should, at a minimum, provide the project start date and completion date. Depending on the complexity of the project, the parties may also want to include a schedule of milestones to be met throughout the term of the project and a procedure for evaluating and approving extensions of time due to delays outside of

the parties' control. Particularly during the pandemic, supply and labor shortages have resulted in significant, uncontrollable delays in construction projects, reiterating the importance of documenting how such delays will affect a construction project.

Changes in Work

Often, the parties need or want to modify the scope of a project after construction has begun. In order to account for such modification, the agreement should specify that certain changes to the scope of the project be documented through change orders signed by the parties. In order to control costs and the schedule of the work, the parties should define certain parameters where change orders are necessary, for example, modifications that would add more than $250 to the overall cost of the project or that will extend the completion date by more than one to two weeks.

Dispute Resolution

While the parties are not anticipating future disputes at the time of execution of the construction agreement, it is in the parties' best interest to include a method for resolving any disputes that may arise under the agreement. Oftentimes, construction agreements may contain a requirement to mediate disputes between the parties prior to escalating the disputes to binding arbitration or litigation. However, the contract addresses dispute resolution, the parties should be aware of the pros and cons of each method prior to execution and start of the project. While home renovation projects can be both exciting and stressful for everyone involved, a carefully drafted and reviewed construction agreement can alleviate much of the stress and pave the way for a successful relationship and beautiful renovation.

Abigail M. Martin is an attorney in Fitzpatrick Lentz & Bubba's Commercial Real Estate, Corporate, Business & Banking, and Mergers & Acquisitions groups. Abby primarily practices transactional law, including the drafting and review of construction contracts. Abby can be reached at amartin@flblaw.com.

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Economists Forecast Rebound for 2021; Lehigh Valley Housing Market Surge Expected to Continue

JUSTIN R. POREMBO, CHIEF EXECUTIVE OFFICER GREATER LEHIGH VALLEY REALTORS®

Expect the post-pandemic economic rebound, improving job conditions and stable interest rates to continue in 2021, according to a survey of more than 20 top U.S. economic and housing experts. Lawrence Yun, the chief economist and senior vice president of research for the National Association of REALTORS®, unveiled the consensus forecast in early December during the association’s second annual Real Estate Forecast Summit.

The group of experts predicted:

• Gross Domestic Product growth of 3.5% in 2021 and 3.0% in 2022;

• An annual unemployment rate of 6.2% next year with a decline to 5.0% in 2022;

• Average annual 30-year fixed mortgage rates of 3.0% and 3.25% for 2021 and 2022, respectively;

• Annual median home prices to increase by 8.0% in 2021 and by 5.5% in 2022;

• Housing starts of 1.50 million next year and 1.59 million in 2022;

• The share of the U.S. workforce working from home to be 18% in 2021 – down from 21% in 2020 – and 12% in 2022; and • Small declines in office and hotel vacancy rates in 2021, with a slight increase in retail vacancies next year.

When asked if the Federal Open Market Committee will change the federal funds rate in 2021, 90% of the experts surveyed said they expect no change in the current rate of 0%. For 2022, the experts predict a rate increase of 0.25%.

"It is an understatement to say the year 2020 has been filled with challenges and full of surprises," said Yun. "Yet, one astonishing development has been the hot housing market as consumers eyed record-low mortgage rates and reconsidered what a home should be in a new economy with flexible work-from-home schedules."

Where the Lehigh Valley Stands

According to Yun, some markets have been performing exceptionally well throughout the pandemic and they'll likely carry that momentum well into 2021 and beyond.

“[This is] because of strong in-migration of new residents, faster local job market recoveries and environments conducive to work-from-home arrangements and other factors,” Yun said.

The Lehigh Valley is one of those markets performing exceptionally well, particularly because of its proximity to major cities that are experiencing an exodus of individuals looking to leave behind high-occupancy locations and buildings.

According to data derived from the Greater Lehigh Valley Multiple Listing Service, which covers Lehigh, Northampton and Carbon counties, the 2020 market has been hot, tempered only by real estate in Pennsylvania having been completely shut down for three months and by the ongoing lack of inventory.

October data – the most recent data available at the time of this writing – showed that the local housing market continued to be busier than the calendar normally suggests, with new residents looking to move into the Lehigh Valley and with the backlog of buyers and sellers from the shutdown still working their way to the closing table or still trying to find that perfect piece of property.

Multiple offers remain a common occurrence, pushing the median sales price in October to $240,000, and homes are almost literally flying off the market with the average Days on Market in October coming in at just 20 days. The mix of surging buyer demand and low inventory has put our industry in uncharted territory, and the continued rise in home prices is threatening to ‘chock off’ first-time buyers. That said, mortgage rates remain at record lows and the unemployment rate is slowly rebounding from the early days of COVID-19. We are seeing buyers out in full force, showing amazing spirit and perseverance in working toward their dreams of homeownership.

Real Estate is Safe

Real estate is safe in the age of COVID-19. All area REALTORS® have access to suggested best practices that outline how to keep everyone involved in a real estate transaction safe. Should any consumer – whether they be a home buyer or seller – be interested in learning how they and their REALTOR® can work together to create a safe environment for a real estate transaction, additional information is available at parealtors.org/ coronavirus/best-practices.