Page 1

Executive Officer: Sue Hibbs BOARD OF DIRECTORS

Executive Committee Chad Griller, President Griller Construction Management, LLC New Castle to Silt Builder Member

David R. Fiore, Immediate Past President Western Peak, Inc. Basalt/Carbondale Developer Member

Peter Martin, Vice President Roaring Fork & Crystal River Valleys Peter Martin Insurance Associate Member

Tom Stevens, Vice President The Stevens Group I70 Colorado River Corridor Glenwood Springs Builder Member

Konnie Krahn-Prosence, Secretary-Treasurer Stewart Title Company Associate Member

Randell Johnson, President-Elect Neenan Archistruction Snowmass Builder Member

Directors of the Board John Baker, Director J.R. Baker Architects Rife to Mesa County Builder Member

Shawn Binion, L.S.I, Director BookCliff Services, Inc. Associate Member

Joe Carpenter, Director American National Bank Associate Member

Susan Horning, Director Wells Fargo Home Mortgage Associate Member

John Silich, Director Silich Construction, Inc. Aspen Builder Member Colorado Association of Home Builders – Chapter Delegates: David R. Fiore, Director | Konnie Krahn-Prosence, Director Randell Johnson, Director

National Association of Home Builders – Chapter Delegates: David R. Fiore, Director | Chad Griller, Alternate 2010 Outgoing Board Members: Paul Spencer, John Savage

Executive Officer: Sue Hibbs BOARD OF DIRECTORS

Executive Committee Kyle Hoiland, President Hearth and Home Outfitters / Home and the Range Bob Angel, Vice President Alpine Builders Hardware Jake Jacobson, Secretary/Treasurer The Gallegos Corporation

Directors of the Board Mike Bur k l Edwards Building Center Chris Davis l Alpine Insurance John Hill l BVD / Green Valley Homes Lori Mowder l CHC Mountain Structures Ken Pearson l Alpine Construction and Remodeling Jack Skjonsby l Bank of America Home Loans Trevor Theelke l Land Title Guarantee Company JR Whipple l RMJ Engineers Group

Colorado Association of Home Builders – Local Board Members Kyle Hoiland, Director | Ken Pearson, Director

Directory Alphabetical category listing of HBA members in Pitkin, Eagle and Garfield Counties



Alpine Appliance Center

Big John’s Building & Home Center, Inc.

Eric Boylan PO Box 5919 l Avon, CO 81620 (970) 949-1199

Lonnie Fisher PO Box 1119 | Glenwood Springs, CO 81601

Home and Hearth Outfitters/ Home and the Range


Brad Elliott 204 Park Ave. Unit 2F l Basalt, CO 81621

(970) 927-7620 K.H. Webb Architects, P.C. Samantha Bogash 710 W Lionshead Cir, Unit A l Vail, CO 81657

(970) 477-2990

J.R. Baker Architects John R. Baker PO Box 938 | Carbondale, CO 81623

(970) 963-2305 Scott S. Turnipseed AIA Architects Scott Turnipseed PO Box 3388 | Eagle, CO 81631

(970) 328-3900


years of excellence



BVD / Green Valley Homes John Hill PO Box 5127 | Gypsum, CO 81637

(970) 524-1566

PO Box 399 l Minturn, CO 81645

Tom Stevens 0155 Maroon Mesa Rd | Carbondale, CO 81623

(970) 827-5555


(970) 876-5662 Edwards Building Center

(970) 328-1734

Mike Burk PO Box 190 | Edwards, CO 81632

(970) 977-6679


Fowler and Peth, Inc.

David Zilar PO Box 3891 l Eagle, CO 81631 (970) 376-7635

Todd Harker 1000 South Frontage Rd W. Ste 301 l Vail, CO 81657 (970) 476-4171

The Stevens Group Raj Manickam


Todaysbldg, Inc.


Eide Bailly, LLP SteamMaster Restoration and Cleaning LLC, established in 1978 will be celebrating its 33rd anniversary in 2011. SteamMaster is a 24-hour Emergency Service Restoration and Specialty Cleaning company, serving the Central Colorado Rockies including the mountain communities of Vail, Breckenridge and Aspen.

Brent Gendreau 145 W Main St | Silt, CO 81652-9769

Jason Burkey PO Box 4870 | Eagle, CO 81631


(970) 569-3095

B & B Excavating

Kyle Hoiland PO Box 5058 | Edwards, CO 81632

(970) 569-3916 ARCHITECTS

Matt Bunn 201 Main St. #304 | Carbondale, CO 81623 (970) 963-2223

High Country Consulting

Kyle Hoiland PO Box 5058 l Edwards, CO 81632

Brad Elliott Architect, Inc.

Grabil West, LLC

Paul Osborne 28485 Highway 6 & 24 | Rifle, CO 81650

(970) 625-4760

Western Peak is a professional service, investment, and real estate development company. Contact David Fiore, President, to represent you with your needs in Aspen, Vail, or the Western Slope of Colorado on business or real estate matters. David R. Fiore 366 Horseshoe, Studio 1A | Basalt, CO 81621

(970) 927-0815







The Neenan Company

Paragon Technology Group

Boundaries Unlimited Inc.

Randell Johnson 2620 E Prospect Rd, Ste 100 l Fort Collins, CO 80525

Bruce Lewis 823 Blake Ave | Glenwood Springs, CO 81601

(970) 493-8747

Casey Wood 601 Rio Grande Place, Ste 101 Aspen, CO 81611

(970) 544-8444

(970) 945-5252 DRYWALL


Bacon Drywall, Inc.

Superior Alarm & Electronics

Melissa Lott 215 N 12th Street | Carbondale, CO 81623

(970) 963-9334

Michael Keyser PO Box 4910 l Edwards, CO 81632 (970) 328-2699

Superior Drywall, Inc.

Vail Electronics, Inc.

Mark Beagley PO Box 881 | Eagle, CO 81631

Don Anderson PO Box 3940 | Avon, CO 81620 (970) 827-9120

(970) 328-7125

Steve Pawlak 5020 County Road 154 l Glenwood Springs, CO 81601


Colorado Mountain College


Rick Johnson 0255 Sage Way | Aspen, CO 81611

Morning Star Elevator, LLC

(970) 925-7740

Sean Paxson 16165 Cliffrock Ct Colorado Springs, CO 80921

J.R. Baker Architects

(719) 635-7960

John R. Baker, NAHB Instructor PO Box 938 | Carbondale, CO 81623

(970) 963-2305 8

To get the right home, you’ll need the right home loan. At Bank of America, we are committed to finding mortgage solutions that work for our customers. Let me help you find the home loan that’s right for you. Jack Skjonsby 105 Edwards Village Blvd PO Box 5027 | Edwards, CO 81632 (970) 569-3561

American National Bank – Rifle

Alpine Mountain Builders, Inc.

Joe Carpenter 429 Railroad Ave | Rifle, CO 81650

Terry Scanlan PO Box 69 | Edwards, CO 81632

(970) 625-2895

(970) 926-8703

Bank of Colorado

Alpine Construction & Remodeling, Inc.

Clayton L Collier 901 Grand Avenue l Glenwood Springs, CO 81601

Ken Pearson PO Box 8337 | Avon, CO 81620


(970) 926-1019

Colorado Business Bank

Bear Creek Construction

Larry Cavanaugh PO Box 2826 | Edwards, CO 81632

Bruce Lipton PO Box 2324 l Basalt, CO 81621

(970) 926-6801

(970) 948-5716

Wells Fargo Business Banking

Beck Building Company, Inc.

Roaring Fork Valley 205 E Meadows Drive Glenwood Springs, CO 81601

Frank Payne PO Box 4030 | Vail, CO 81658

(970) 949-1800

(970) 384-4481

Wells Fargo Home Mortgage

Black Dragon Development, LLC

Susan Horning 931 Grand Ave. | Glenwood Springs, CO 81601


J. Crockett Farnell PO Box 579 l Crested Butte, CO 81224

(970) 945-7722

(954) 682-1000


Boles Construction

Brad Foster PO Box 426 | Edwards, CO 81632


(970) 926-3202

C & B Development LLC The Residential Fire Sprinkler Experts. See our ad on page 16.

Steve Allen

Jim Comerford PO Box 2342 | Edwards, CO 81632

(970) 926-8709

274 Center Drive l Glenwood Springs, CO 81601

C & H Construction LLC

(720) 219-0574

Richard Caples PO Box 341 | Avon, CO 8162

(970) 949-1502 FLOORING

Ruggs Benedict/Carpet One Roger Benedict PO Box 830 | Avon, CO 81620

(970) 949-5390

Campbell Construction Pat Campbell PO Box 8609 | Avon, CO 81620


Adam’s Rib Bruce Gray PO Box 659 | Eagle, CO 81631

(970) 328-2326

Alliance Restoration Services, Inc.

CHC approaches each custom home, addition or remodel as a series of carefully crafted steps towards an integrated whole. We take pride in turning your dreams into reality.

Rob Faddick PO Box 109 | Eagle, CO 81631

Kevin and Lori Mowder

(970) 328-4900

(970) 328-3040

PO Box 3026 | Eagle, CO 81631



Cliver Development

George Shaeffer Construction Company

Scott Cliver PO Box 333 l Edwards, CO 81632

Jon Stevenson PO Box 373 | Vail, CO 81658

(970) 390-6389

(970) 845-5656

Cohen Construction Inc

Geyer Construction LLC

Jeffrey Cohen PO Box 1889 | Edwards, CO 81632

(970) 926-3443 D.M. Neuman Construction Co. Jason Neuman PO Box 2317 l Glenwood Springs CO 81602 (970) 945-7502

David Lambert Construction, Inc. David Lambert PO Box 1727 | Basalt, CO 81621

(970) 927-5393

Christy Geyer 245 River Ranch Road | Edwards, CO 81632 (970) 926-1344

Ric Heid PO Box 4909 l Edwards, CO 81632

Hoeft Builders West Inc specializes in many aspects of the construction industry. With a specific understanding of the customer’s expectations and keeping up with the most recent building practices Hoeft Builders West stands behind a strong belief in the traditional general contracting method of construction. Custom Homes, General Contracting, Construction Management, Property Management and Design Build with a personal dedication to every customer that Hoeft Builders West conducts business with. See our ad on page 30

(970) 390-2674

Patrick Hoeft

Avon, CO 81620 (970) 904-1959

Griller Construction Management, LLC Chad Griller 369 Faas Ranch Rd | New Castle, CO 81647

(970) 366-1174 Heid Custom Builders, Inc.

Evans Chaffee Construction Gro

Heritage Builders

Katie Vernon PO Box 8266 | Avon, CO 81620

Passero, Chris 204 Park Ave., Unit 1H l Basalt, CO 81621

(970) 845-0466

(970) 927-4105

Evergreen Development Stephen King PO Box 1870 | Edwards, CO 81632

(970) 926-3035

We specialize in providing personalized service on every project. 404 Broadway, Unit A Eagle, Colorado 970-328-3040


Hill Construction Inc. Gary Hill PO Box 1735 | Edwards, CO 81632

(970) 328-2200

Holy Cross Building & Design, LLC Jim Jose PO Box 572 | Edwards, CO 81632

(970) 328-1632

HW Builders, LLC

Minick Construction

Silich Construction, Inc.

Reid Phillips PO Box 1823 l Vail, CO 81658

David Minick PO Box 4018 | Vail, CO 81658

(970) 390-6089

(970) 904-5066

John Silich 303 Aspen Airport Business Ctr, Ste J Aspen, CO 81611

Integrity Construction Mgt Group, LLC

Nedbo Construction, Inc

(970) 920-2299 Structural Associates Company

Jack Wheeler PO Box 3433 | Basalt, CO 81621

Roland Kjesbo PO Box 3419 | Vail, CO 81658


(970) 845-1001

Bruce Shugart 4185 County Road 154 | Glenwood Springs, CO 81601

(970) 945-0147

Iron Horse Mesa Homes, LLC Mark Rauch 5125 S. Kipling Parkway | Littleton, CO 80127

(303) 618-8694 Jack Wilkie Builder, Inc. Jack Wilkie 20 Sunset Drive #2 l Basalt, CO 81621

(970) 927-4226

Precision Construction West, Inc. Todd Morrison PO Box 3145 | Eagle, CO 81631

(970) 328-0403

Summit Habitats Sandy Treat PO Box 2755 l Avon, CO 81620

(303) 949-1743 R.A. Nelson Associates Sharon Jones PO Box 5400 | Avon, CO 81620

Sunder, Inc

(970) 949-5152

John Sunderland PO Box 1393 | Edwards, CO 81632

(970) 390-1885

Regan Construction Mark Regan 601 Rio Grande Pl, Ste 119B l Aspen, CO 81611

970-923-0010 As a custom fine home builder in the Vail Valley, we choose sustainable building practices as a matter of principle, bringing you and your guests peace of mind. Let Meadow Mountain Homes be a part of your team and we assure you a very sound and efficient home built with integrity. Visit

TWC, LLC Michael Scrivens PO Box 8812 l Avon, CO 81620

(970) 376-6543 The Reynolds Corporation Buz Reynolds PO Box 738 l Avon, CO 81620


Vail Valley Custom Builders, LLC Lynn Bartkoske PO Box 2809 | Edwards, CO 81632

(970) 926-8771 Romero’s Construction, LLC

Sean McGinley

Francisco Romero PO Box 2136 | Gypsum, CO 81637

Van Dieman, Inc.

PO Box 5527 | Eagle, CO 81631

(970) 471-0795

Peter Cope PO Box 1832 l Vail, CO 81658

Sage Concepts and Sage Green Framing/S.I.P.s

(970) 390-2106

(970) 328-2826

Janckila Construction Inc Ken Janckila 353 Goose Ln | Carbondale, CO 81623

(970) 963-7239 Jim Guida Construction, Inc. Jim Guida PO Box 760 | Vail, CO 81658

(970) 845-9100 Kalamunda Construction Mick Collins PO Box 2471 l Silverthorne, CO 80498

(970) 376-0360 McCord Construction, Inc. Tom McCord PO Box 4195 l Eagle, CO 81631

(970) 376-1075

Jeff Sage PO Box 1560 | Avon, CO 81621

(970) 748-6977

Venzor Construction, Inc. Patricio Venzor PO Box 73 | Eagle, CO 81631

(970) 926-7984

Samelson Development Corporation

Warner Developments, Inc

Les Samelson PO Box 418 | Vail, CO 81658

Bob Warner PO Box 958 | Avon, CO 81620

(970) 376-0076

(303) 949-4360

Sawatch Land Company

William H. Baker Construction

Steve Croke PO Box 5355 | Vail, CO 81658

Bill Baker 210AABC-Suite MM | Aspen, CO 81611

(970) 748-8738

(970) 925-2391

Savage Land Company Inc.

Wynton Companies, LLC

John Savage | PO Box 1926 Rifle, CO 81650

(970) 625-4401

John Purchase PO Box 3908 | Eagle, CO 81631

(970) 328-3792




Canada Mortgage and Housing Corp.

Alpine Insurance Agency of Edwards, Inc.

Christa Andraos Calgary, AB

Chris Davis 0225 Main St, Ste O-205 l Edwards, CO 81632



(970) 926-1717

Alpine Construction and Remodeling, Inc. Ken Pearson l (970) 926-1019

Glenwood Insurance Agency GRAPHIC DESIGN

Beck Building Company Forrest Watson l (970) 949-1800

(970) 945-9161

CHC Mountain Structures

Peter J. Martin Insurance

Lori Mowder l (970) 328-3040

Cohen Construction Inc Jeffrey Cohen l (970) 926-3443

Peter Martin 40 Sunset Dr, Ste 10 | Basalt, CO 81621 Serving the Vail Valley and beyond since 1996. Comprehensive creative design services covering print collateral, website, online ads, e-newsletters and email campaigns, display advertising, magazines and much more.

(970) 927-2391

George Shaeffer Construction Co. William O’Neill l (970) 845-5656

Sue Hibbs PO Box 4348 | Eagle, CO 81631

Colleen Hill 56 Edwards Village Blvd, Unit 114 l Edwards, CO 81632

Jim Guida Construction Jim Guida l (970) 845-9100

(970) 376-2033

(970) 766-7444


Slifer Designs, Inc.

D.M. Neuman Construction Co. Jason Neuman l (970) 945-7502

J.R. Baker Architects John Baker l (970) 963-2305 Silich Construction, Inc. Jason Walker l (970) 920-2299 12

Bryan Avery 1605 Grand Ave. Unit K l Glenwood Springs, CO 81601 INTERIOR DESIGN

Artisan Designs

American Furniture Warehouse

216 Main St, Suite C-100 | Edwards, CO 81632

Chuck Pratz 3200 S. Glenn Ave. l Glenwood Springs, CO 81601

(970) 928-9422

(970) 926-8200

Vogelman West Associates Inc


John Readle PO Box 921 | Avon, CO 81620

BarVista Building Systems

(970) 949-4138

(970) 532-4257


Alliance Moving Systems

390 Mountain View Rd | Berthoud, CO 80513 NON PROFIT ORGANIZATIONS

With over twenty years of design experience, consider Carol Moore Interior Design to be your “go to” resource for refreshing or remodeling your clients’ homes. As a full service interior design firm we can help your clients’ home keep up with their ever changing needs. Please contact us for a two hour complimentary consultation.

Andy Clark PO Box 5326 | Eagle, CO 81631

Carol Moore

Bishop Plumbing and Heating, Inc.

137 Main Street, Suite O-204 l Edwards, CO Look for us on Facebook & Twitter

Kristin Davis 201 14th St l Glenwood Springs, CO 81601

Heather Smith 101 Midland Avenue | PO Box 514 Basalt, CO 81621

(970) 925-8610

(970) 927-4031


United Site Services Mike Reid PO Box 219 l Commerce City, CO 80037


Better Business Bureau

(970) 945-2326

Citewaste, LLC

Rob Ashcraft PO Box 1402 | 2551 Delores Way Carbondale, CO 81623

Mark Thompson PO Box 588 | Breckenridge, CO 80424

(970) 453-2901 LUMBER

Alpine Lumber Company

Basalt Chamber of Commerce

Climate Control Company of Vail and Glenwood Springs



(970) 927-0235

(970) 928-7500

West Brown Huntly Thompson

Stacey Rinker 23400 Two Rivers Rd, #44 l Basalt, CO 81621

Mike Fergen PO Box 1042 | 1537 County Road 130 Glenwood Springs, CO 81602

(970) 963-8877

Aspen Board of Realtors

Oni Butterfly PO Box 447 | Carbondale, CO 81623

(970) 704-0842

Glenwood Springs Chamber Joni Bates 1102 Grand Avenue l Glenwood Springs, CO 81601

970.945.6589 “PEOPLE AND PRODUCTS YOU CAN COUNT ON” R&H Mechanical is one of the leading full service HVAC, RADIANT HEAT, and SNOWMELT specialists in Colorado. R&H Mechanical is committed to the involvement in the latest technology as it relates to both residential and commercial applications. R&H Mechanical is locally owned and operated with its headquarters in Eagle, Colorado.

Glenwood Springs Association of Realtors Cherly Burns 2520 S. Grand Avenue, Suite 108 Glenwood Springs, CO 81602

970-945-9762 Habitat for Humanity of Eagle & Lake Counties

Rob Scott 1120 W 122nd Ave, Ste 301 Westminster, CO 80234

David Young (970) 328-2699

Kalie Palmer PO Box 4149 | Avon, CO 81620

(303) 451-8001

(970) 748-6718

PO Box 810 l Eagle, CO 81631

Concept Mechanical Inc MASONRY

Breitzman Masonry

Tim Rosen PO Box 1165 | Avon, CO 81620

Mike Breitzman PO Box 6773 | Avon, CO 81620

(970) 949-0200

(970) 471-3383


Castleton Masonry Inc Chris Cook PO Box 915 | Eagle, CO 81631

(970) 328-8055

SHC Nursery & Landscape Co. Mike Stevens PO Box 2049 | Eagle, CO 81631


The Gallegos Corporation

ControlsPlus, LLC

Jake Jacobson PO Box 99 | Wolcott, CO 81655

Maryam S. E. Kling | LiteTouch, Inc. | Aspen, CO l (970) 405-7823

(970) 926-3737

Eagle Valley Alliance for Sustainability Matt Scherr PO Box 4923 | Vail, CO 81658

(970) 827-9999 PAINTING

Swanepoel Painting Inc Nick Swanepoel PO Box 1747 | Edwards, CO 81632

(970) 524-4500 POOLS & SPAS

Maximum Comfort Pool & Spa, Inc. Michael Charles PO Box 2670 | Vail, CO 81658

(970) 949-6339 13



S & H Roofing, Siding and Trim

InsulVail, LLC

Jeff Sokup PO Box 5653 | Eagle, CO 81631

Rick Rogers PO Box 2888 | Vail, CO 81658

(970) 524-6652

(970) 524-3000

(970) 328-1465

We love to share our passion for wood with everyone we meet! Our talented team of master craftsmen and designers specialize in producing fine and sometimes very complex woodwork elements, from dreams to reality. Please visit our shop and showroom to see our latest work in progress. See our ad on page 15.

Stewart Title

Heartwood Custom Woodworks, Inc.

Konnie Krahn-Prosence 1620 Grand Avenue l Glenwood Springs, CO 81601

Carl and Janet Jordan 725 Chambers Avenue, Eagle, CO

Paul Spencer 401 Tree Farm Dr | Carbondale, CO 81623

(970) 945-5434

970.328.WOOD (9663)

(970) 748-6309


Midnight Sun Customs


Scott Dillard 100 Glenwood Ave. | Carbondale, CO 81623

Bookcliff Survey Services, Inc

(970) 355-4080 REALTORS

ReMax Country


Don Markley, CRS, GRI, CDPE 631 Mel Ray Circle l Glenwood Springs, CO 81602

Land Title Guarantee Company

(970) 947-1234 SOLAR

Bonsai Communities LLC Clean Energy Collective

Michael Lanhorne 136 E 3rd St | Rifle, CO 81650

(970) 625-1330

Trevor Theelke PO Box 4420 | Eagle, CO 81631

Top Notch Logworks, Inc. David Sante P.O. Box 362 | Eagle, CO 81631

(970) 524-7323

Specialty Wood Products, Inc Josh Deguire 18400 E 22nd Ave | Aurora, CO 80011

(303) 288-8484



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Bob Peterson Named 2011 Chair of NAHB Remodeling Board of Trustees

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Bob D. Peterson CGR CAPS, CGP Associates in Building & Design, Ltd.

M2M HBA is pleased to announce that its good friend, Bob Peterson, was named Chair to the NAHB-Remodeling Council. Peterson has been active on this prestigious remodeling council for more than 12 years and a member of the Northern Colorado Home Builders Association and The Colorado Association of Home Builders (CAHB) for more than 18 years. As Chair, Peterson will lead more than 8,000 remodelers nationwide. The NAHB Remodeling Council will partake in a meeting in the fall of 2011 at Harvard Universityâ&#x20AC;&#x2122;s Joint Housing Center for Housing Studies and economic forecast. For further information about the remodeling council and membership with M2M HBA contact Sue Hibbs, Executive Officer at (970) 328-2205. See page 28 for further information about Bob Peterson.





A conference addressing sustainability trends in Colorado

For architects, builders, tradesmen, homeowners, local governments

Friday, December 2, 2011 Aspen Meadows Resort, Aspen, Colorado


Community-Based Solar: Finally, an Attractive Option for Homeowners, Businesses and Government In Aspen’s Roaring Fork Valley, the Clean Energy Collective could be leading the next solar revolution solar energy to the masses with a new community-based approach to commercial-scale solar farms. Based in Carbondale, Colo., the CEC claims to be the first communitybased solar integrating company in the country.

Mike Koshmrl


Writer for Solar Today

ost investors in solar energy own their own home first, then research, shop around and financially plan for a residential photovoltaic (PV) purchase. A solar array is a reasonable purchase only if you’re in a sound financial position and own a sunny roof or yard. It doesn’t make sense if you rent your home or live in the shadow of a magnificent spruce. So it’s not seen as something for everybody. But what if someone were to remove all the obstructions and open up the market? Paul Spencer, the owner and founder of the Clean Energy Collective (CEC), is giving it a shot. “Eliminate [those factors] and you essentially go from a market of environmentalist homeowners, which might be a million people in America, to everybody that has a utility bill, which is 146 million,” he said. Spencer is looking to bring


Conceptually, a community-based “buy-in” model of solar farm is very simple. The CEC’s role as solar integrator is to negotiate the land lease terms (or buy land outright), select the technology, arrange for the installation and see the entire construction process through from start to finish. Once the farm is up and producing, its panels are sold, individually or in sections, to ratepayers at Holy Cross Energy, the primary local utility near Aspen, Colorado. Each purchaser then owns his or her own investment, along with the rights to any energy it produces. Payback is accomplished with renewable energy credits directly subtracted from the purchaser’s electric bill. In concept, Spencer says, this is “virtual net metering,” which, for billing purposes, is just like having solar on a rooftop. And what happens if a customer moves or falls upon hard times? As with any other piece of real estate, the customer can then sell the investment — at a markup, if the market warrants it—to any other Holy Cross ratepayer. The CEC takes care of all maintenance and insures the investment for 50 years. Customers are even granted visitation rights, and if they’re so inclined, can treat their solar panels to a sponge bath. It works just like having solar on your rooftop, except that it’s down the road in a field.


The population of the Roaring Fork Valley, generally well-off, active and interested in renewable energy with Aspen just up the road, has paid attention to the CEC, which has been extensively covered by the local newspapers. “Right now people are coming to us,” Spencer said in a late-July visit to the inaugural CEC solar farm. “And the beauty of it is that the majority are exactly the segment of people we were hoping to hit.” Spencer said the CEC is attracting people who are more financially restricted than the typical solar consumer. The average solar array in the valley getting rebates through Holy Cross Energy is between 5 and 6 kilowatts (kW) in size, he said. But the CEC is selling blocks of panels averaging around 2.5 kW. And there are even customers opting for a single 230watt panel at $725, the minimum allowable purchase. “We’re clearly attracting a lot of people who don’t have 15 or 20 grand to put a system on their house,” Spencer said. “Which is great because that was part of our goal: to really open up the market.” The other type of customer Spencer said he [pull out only: [The CEC] is attracting people who just don’t want to deal with putting an installation [of solar] on their house. “For example, I had an 82-year-old guy call two weeks ago who wanted to completely power his house with solar,” he said. “He’d been thinking about it a long time, but he said it just seemed too overwhelming.”

[The CEC] is attracting people who just don’t want to deal with putting an installation [of solar] on their house.” Gerry Kaplan fits that description. Kaplan had looked into adding solar panels when he built his house three years ago, but after doing a little research, he saw it just didn’t make sense. It looked too expensive, plus the layout of the house wasn’t quite right, he said. But after reading about the CEC this spring in the Vail Daily, Kaplan said he was quick to sign on. “I think it’s positively brilliant,” he said. “Maury [his wife] and I are actually buying 24 panels. We will actually own 24 panels. In my mind it’s a great investment. It will cut my [annual] electric bill down from $2,000 to about $1,000.” Kaplan decided he could afford to offset about half his energy use, which the CEC determined he could do with a 5.52-kW system. At $3.15 per watt, this cost him about $17,400. A proposal he received shows that the CEC estimates a payback period of just under 13 years and nearly $175,000 in lifetime savings. Both figures assume a 5 percent annual increase in energy costs, which is less than the national average, the CEC said. The proposal also estimated that a conventional residential 5.52-kW array would take 23.5 years to pay itself off. UTILITY ENDORSED PROGRAM

Colorado Gov. Bill Ritter recently signed the solar gardens bill into law, allowing groups of 10 or more people to own a share in a solar array and reap the project’s incentives and electricity. But the new law actually has no bearing on the CEC because Holy Cross Energy is an exempted Touchstone Energy Cooperative utility. Holy Cross, which services most of the Roaring Fork Valley, supported the CEC’s vision at the urging of its members and board of directors, not because of a policy mandate. Chief Executive Del Worley explained that Holy Cross saw a CEC partnership as a no-brainer, in part because his company still has a ways to go to achieve its self-imposed renewable portfolio standard of 20 percent by 2015. “For a good number of our customers I think it’s a win, win, win,” Worley said. “It’s a good deal. When you consider all the factors, the economics are really no different than net metering residential installations, which we’re required to do by law.” Spencer made the remote metering process seamless for Holy Cross, he says. A former software developer, he devised a program he’s dubbed RemoteMeter to credit all of his investors’ bills from a single production meter. Applications are also available to tap into RemoteMeter from a home computer or smart phone. In Worley’s view, there are other benefits to the partnership as well. Holy Cross can now draw solar power from a central plant it knows is going to be maintained. And it also lands the utility a sizable number of renewable energy credits (RECs). If its rapid growth rate continues, the CEC could soon be satisfying a respectable percentage of Holy Cross En-

ergy’s total demand, which tops out at 250 megawatts (MW) in the wintertime, mostly due to ski resort load in Aspen and Vail. There are currently two CEC solar farms under construction, totaling about 1 MW, and another three in the works that will bring the total up to 5 MW. By mid-August, CEC had secured reservations totaling over 100 kW. The first 80-kW community solar site just went live on Aug. 18. NATIONAL MODEL POSSIBLE?

Spencer said that what the CEC is doing in the valley is important, but recognizes that, at this point, his business is still in the “proof of concept” stage. The big picture, in his mind: “How do you take 5 MW that you might do here and grow that to hundreds of megawatts nationally, and then gigawatts and terawatts? That’s really the vision.” There are really no other integrators in existence focusing on community-based solar, Spencer said. “We looked high and low because it’s easier to improve the wheel than to reinvent the wheel,” he said. “And we didn’t find anything.” But the time for community solar appears to have come. A number of states, including Vermont, Massachusetts, Maine and now Colorado, have extended net-metering laws to community-based solar farms. In addition, utilities in both Utah and California have initiated their own community-based programs. And soon there figures to be a number of other community-based solar integrators, besides the CEC. Spencer said that the CEC has bundled its financial model, tax model, legal model and software supporting model into one and is now licensing it out to other companies around the United States. “They’re coming in from Colorado, but we’ve also probably had eight or 10 groups from other states approach us about wanting to take this model to California, wanting to take this model to Florida, to Massachusetts, to Utah, etc.,” he said. “That was part of my initial goal and vision, to create a vehicle that would allow large-scale ownership in renewable energy. To make it make sense and make it easy for everybody to be part of the solution. And then be able to roll that solution out to the masses.”

EDITOR’S NOTE: This article was reprinted In whole or in part with permission of Solar Today, Copyright August 25, 2010, a publication of the Solar Energy Society. For further information about Solar Today contact its deputy editor, Seth Masia, at or visit The CEC also has planned installations in Eagle County, Colorado near Vail.


Water Efficiency rules changing for builders and homeowners

Bruce L. Likoff, Esq. Holme Roberts & Owen LLP Denver, Colorado


n January 1, 2011, a new Colorado law goes into effect that requires builders to offer home buyers water efficiency options. The law does not require builders to change the design or construction of their standard home products. This “mandatory offer” law is similar to the solar options law that went into effect in August 2009. This article discusses the requirements of the new law, as well as some of the risks for builders and, accordingly, some potential conflicts home buyers may face. The new law applies to builders of single-family detached residences who enter into contracts on or after January 1, 2011. Builders of attached products are not covered, nor are builders of multi-family projects. Homes that are unoccupied and being used as sales inventory or model homes are expressly excluded from coverage of the new law. Builders are required to offer home buyers the opportunity to select one or more of three specified water-smart home options: (1) water efficient bathroom fixtures (toilets, faucets and showerheads); (2) dishwashers and/or clothes washers, and; (3) landscaping.


Builders are only required to offer dishwashers, clothes washers and landscaping if those items are installed or financed by the builder or are sold by the builder as upgrades. Many builders typically don’t install or sell dishwashers and clothes washers, so the new law will not require those builders to make an offer of those appliances. Even for builders who do offer dishwashers and/or clothes washers, the law requires only that the builder offer a model that is qualified pursuant to the Federal Environmental Protection Agency’s Energy Star program.

smart options selected by the home buyer. Equally important, builders will be able to treat water-smart upgrades the same as other upgrades, including charges for the upgrades and application of the builder’s requirements for advance deposits and deadlines for selection of upgrades.

Many builders do, however, install landscaping (in order to ensure a more attractive community) and will be required to offer water efficient landscaping. The new law provides that the mandatory offer applies to landscaping that “will be maintained by the home owner,” which suggests that it does not apply to landscaping that will be maintained by a homeowner’s association.

On January 1, 2011, a new Colorado law goes into effect that requires builders to offer home buyers water efficiency options.”

The new law is very specific about technical details of the options to be offered. Toilets that are offered must use no more than 1.28 gallons per flush. Lavatory faucets may not use more than 1.5 gallons per minute and showerheads may not use more than 2 gallons per minute. The details for landscaping that is offered are extensive and require compliance with best management practices contained in the publication Green Industry Best Management Practices (BMP) for the Conservation and Protection of Water Resources in Colorado, 3rd Edition and appendix (or later edition). The law describes 10 specific best practices, but applies the listed practices only to front yard landscaping. It is unclear if the drafters of the law intended not to apply these best practices to rear yard landscaping or simply assumed that builders rarely provide rear yard landscaping. Builders will still be able to select the contractors (e.g., plumbing contractors) that install any water-

What should builders do to comply with the new law? While the law does not contain any record keeping requirements, builders are advised to make the

required offer to home buyers in writing, in a form that is signed by the home buyer acknowledging that he/ she has received the required offer. Some builders will choose to document the offer in a separate addendum to the builder’s standard sales contract, while others will incorporate the offer into the provisions of their standard contract. Either way, builders should retain these records. Builders will also have to determine when to

…a marketing brochure that claims ‘50% reduction in water bills’ is an open invitation to a lawsuit.” make the offer. The new law provides flexibility in that regard by allowing the builder to make the offer “in accordance with the builder’s construction schedule for the residence.” In order to avoid the risk of delays in construction that might be caused by an indecisive buyer, many builders will make the offer at the time the sales contract is presented to the buyer. The law does not require that builders give buyers a minimum time period to consider their decision. As part of their marketing efforts to buyers, builders will have to decide how much emphasis, if any, to place on the availability of water-smart options. Some builders, particularly custom builders, may see the new law as a positive marketing opportunity. The law does not require any reporting to the state, nor is any state agency given power to monitor compliance with the law. What are the potential pitfalls for builders? The new law does not contain any penalties for failure to make the required offer. However, it is possible that home buyers and their attorneys will bring lawsuits if builders fail to make the required offers. Buyers suffering from

buyer’s remorse are likely to claim that the failure of the builder to make the required offer entitles the buyer to rescind the sales contract. Buyers might also claim damages from the builder, perhaps asserting that the market value of home is lower or that the water bills are higher than would be the case if water-smart devices had been installed. What should a home buyer do? To avoid costly litigation, home buyers can make sure they are offered these options before signing a contract with their builder. Find out if your builder is a professional member of their local building organization and if they have been taking continuing education classes. Professional builders are more likely to be familiar with current laws. Builders may also get into trouble if they make representations about water efficiency devices installed in the home. For example, a marketing brochure that claims “50% reduction in water bills” is an open invitation to a lawsuit. Even more general representations, such as “water-smart home,” may be a problem. Builders should include specific disclaimers in

their sales contracts regarding any water-smart options selected by the buyer. A professional builder will point their potential clients to resources to familiarize themselves with various alternatives. Builders will want to be sure that their plumbing suppliers are ready to supply water-smart devices. The same holds true for appliance installers, if they are employed. For builders that install or offer landscaping, close coordination with the builder’s preferred landscape designers and installers will be essential. Builders will also need to work with their attorneys to revise their sales documents and make sure they have included appropriate disclaimers concerning water efficiency devices. As with solar options, builders will find themselves on the front lines of educating consumers about water efficiency devices. Editor’s Note: Contact the local Home Builder Association chapter in your area to locate builders who subscribe to the professional standards of the National Association of Home Builders.


Commercial/Construction Lending Is There Money Available?

Joe Carpenter American National Bank Special Assets Group


he short answer to the above question is â&#x20AC;&#x153;yes, â&#x20AC;&#x153; although the world of lending has changed. The primary source of funds in the past, portfolio lenders and the mortgage-backed securities market, has been rocked by the deterioration of credit quality and declines in collateral value, resulting in corresponding underwriting changes and a reduction in demand for these products. Banks are required to reserve capital for actual and potential loan losses, diverting funds that might otherwise be available for lending. Some regulators,

For well capitalized banks, the ability to lend on commercial transactions continues to exist and banks will be compelled to seek out lending opportunities in order to achieve desired earnings.â&#x20AC;? concerned with averting additional bank failures, have structured very aggressive guidance for the downgrade of loan risk ratings to banks within their jurisdiction. Though, clearly, not all regulatory agencies have been aligned with respect to the guidance provided, which has resulted in differences among banks in how maturing loans are restructured or if and/or how new loans are made.

In all cases, however, itâ&#x20AC;&#x2122;s reasonable to expect loan underwriting and credit terms to be more stringent for the foreseeable future than it has been in the past. Likely changes in future deals may include enhanced sponsorship with greater investment by the borrower (more â&#x20AC;&#x153;skinâ&#x20AC;? in the game); stronger, more sustainable cash flow from the subject credit or from an independent source (less speculation); higher levels of liquidity, broader banking relationships, and greater scrutiny of the collateral, to name a few. For well capitalized banks, the ability to lend on commercial transactions continues to exist and banks will be compelled to seek out lending opportunities in order to achieve desired earnings. Where these deals come from and how they are structured in the brave new world, however, is likely to be different going forward than what borrowerâ&#x20AC;&#x2122;s may have become accustomed to in the heydays of yesteryear. ABOUT THE AUTHOR: Joe Carpenter is a 30-year+ veteran of financial services marketing and management. Vice President with American National Bank in Rifle and Mountain to Mesa HBA board member, Joe specializes in commercial banking.






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Local HBAs Secure State And National Support For Job-Creating Energy Smart Loans compromised their Uniform Security Instrument. FHFA, in a July 6, 2010 statement, affirmed their concern putting the PACE programs in doubt, yet FHFA left the door open recognizing that PACE programs “represent serous efforts to reduce energy consumption.”

David Fiore President, Western Peak, Inc.


he National Association of Home Builders Association (NAHB) voted unanimously to support a resolution sponsored by the Colorado Association of Home Builders (CAHB) regarding the Property Assessed Clean Energy (PACE) programs. The vote, taken at its Board of Directors meeting in New York City in the fall of 2010, took root from meetings between local officials in Aspen and Vail, the leadership of Mountain to Mesa Home Builders Association (M2M) and State Senator Gail Schwartz after the Federal Housing Finance Agency (FHFA) issued a statement challenging the viability of the PACE programs. PACE programs are designed to bring financing tools to homeowners, encourage energy retrofits, and would create jobs for a largely displaced builder workforce. BACKGROUND

Earlier in 2010, Eagle County (home to Vail Ski Resort), Pitkin County (home to Aspen Skiing Company) and Gunnison County (Crested Butte Ski Area) joined together with the support of M2M and Eagle Valley Home Builders Association to establish Energy Smart Local Improvement Districts (LID) following Boulder County’s earlier lead. LIDs were established to provide a voluntary mechanism for residential property owners to obtain financing for energy efficiency and renewable energy improvements. Property owners receiving financing through the program were set to take responsibility to repay the loans via a special property tax assessment on the improved property. Garnering the support of M2M and CAHB, who generally are cautious about increased property taxes, is significant and was based on the fact that the program is voluntary with no financial impact on non-participants and is likely to create jobs for its members. PACE advocates, including M2M, were alarmed when Fannie Mae and Freddie Mac alerted their sellerservicers on May 5, 2010, raising concerns about the lien priority of PACE initiated loans which they argued


Later in July, 2010, the Board of Directors of M2M directed the organization’s representatives on the CAHB Board of Directors — including M2M President David Fiore, Konnie Krahn-Prosence, and John Savage — to seek the support of CAHB to take their concern beyond the state of Colorado. CAHB responded with a unanimous show of support at its 2010 summer Board meeting putting forth a request for its NAHB Board Director and Colorado Representative, Skip Howes, to pursue a resolution by the NAHB Board of Directors seeking policy on the matter to allow NAHB to lobby Washington officials in support of the PACE programs. Fiore and Howes walked a resolution in support of PACE through more than eight NAHB committees at the New York meeting and secured unanimous support at all levels, including the full NAHB Board of Directors. Fiore also serves on the NAHB Board. The resolution resolved that NAHB work with Congress, financial regulatory agencies, including FHFA, state and local governments to resolve the perceived impediments to implement PACE programs. “The NAHB resolution gets our industry to the table to resolve conflicts raised by Fannie Mae and Freddie Mac,” Fiore said. “The PACE program is a job creation bill and that is important to our members.” State Sen. Schwartz, one of the sponsors of the PACE bill in Colorado, issued a statement saying “I’m grateful the NAHB has shown such strong support of the PACE program. We have proven that Colorado is a national leader in clean energy. I am pleased to have had such strong partners in promoting innovative solutions for homeowners, which will also create jobs for Coloradans and bring down energy cost.” Tom Stevens, Chairman of the Governmental Affairs Committee for M2M stated that “Membership in local HBA is the grass roots step to making a difference in local, state, and federal matters confronting our industry in the ever-changing marketplace.” NAHB has been

serving its members in the housing industry and the public at large since 1942, and now has more than 235,000 member companies with 10 million employees. M2M continued the dialogue at the 2010 greenThink Symposium at the Aspen Institute’s Aspen Meadows Resort. The symposium brings local, state, and national industry experts and leaders together each year to tackle issues such as the PACE program. Randell Johnson, AIA, Chairman of greenThink and M2M PresidentElect stated, “Discussions at greenThink allows for a thoughtful shift in the business-government paradigm bringing forward innovative solutions for the future in building and development.” Johnson is Vice President of the Neenan Company headquartered in Fort Collins, Colo. HOW PACE CAN HELP YOU

This issue of Mountain Builder discusses the economic climate facing the building and housing industry. PACE is a mechanism that brings financing directly to property owners based on the strength of each local market rather than through traditional forms of financing. It is a welcome tool in light of the stressed financial market which has made it harder and harder for homeowners, builders and developers to tap credit markets. As reported in Mountain Builder 2010, Volume 1, Energy Efficiency (EE) upgrades such as replacement of inefficient windows, increased insulation, replacing heating and cooling systems, sealing air leaks, and other EE measures are all eligible for PACE funding. Renewable Energy (RE) improvements could include solar photovoltaic, solar thermal or other RE type improvements. As Dylan Hoffman (Pitkin County Energy Program

Colorado Representative Skip Howes, NAHB Chairman Bob Jones, and M2M HBA President, David Fiore at the NAHB Board of Directors meetings in New York City.

Senator Gail Schwartz looks on as Governor Ritter signs the PACE Bill. Manager), Yuri Kostic (Environmental Sustainability Coordinator for Eagle County), and Adam Palmer (an Environmental Policy Planner for Eagle County) all noted: Normally when you sell a property, the debt runs with ‘you’ and you have to pay off that debt at the time of sale. With PACE loans you need not pay off the obligation when the home is sold. The obligation can, but doesn’t have to be, assumed by the new owner. This type of flexibility allows for more costly RE improvements to be paid for over time reducing the annual cost and allowing homeowners to achieve an immediate savings to the home energy bills.

PACE programs were designed to bring financing tools to homeowners, encourage energy retrofits, and would create jobs for a largely displaced builder workforce.”

Take the two examples discussed at length in this issue of Mountain Builder: (1) Colorado’s new law mandating builders to offer Water Efficiency Options may have an alternative means of funding improvements such as water efficient bathroom fixtures, dishwashers and cloth dryers, and landscaping; and (2) homeowners who would like to take advantage of solar photovoltaic but may not be situated to take advantage of the sun or their HOA precludes such improvements can use PACE funds to join a community owned solar field as offered by Clean Energy Collective. The capital outlay that may otherwise discourage some buyers of EE/ RE improvements can be overcome with PACE program type funding. THE IMPERATIVE OF COOPERATION

The competing partisan interest of the Republicans and Democrats is sometimes daunting considering the financial pain many Americans are experiencing. It is refreshing to see bills like PACE merging environmental policy and our nation’s economic policy. Encourage your elected representatives’to reach across the aisle for this policy, it truly is an easy step and everyone wins!

ABOUT THE AUTHOR: David R. Fiore is the founder of Western Peak, Inc., an Aspen based professional service, investment, and real estate development company. David holds his JD from the University College of Law, BS from Southern IL University, Loyola University College of Law International Studies (Moscow, Russia; Budapest, Hungary). He is a former elected official in the Chicago Metropolitan area. David is a commercial pilot with instrument and multi-engine ratings and is a Certified Member of the American Association of Airport Executives. He is President of M2M HBA; Director, CAHB, and Director on the National Association Home Builders BOD.


The New World of Short Sales is a tremendous buyers-market!

Konnie Krahn-Prosence Business Development Officer Stewart Title – Glenwood Springs


wo of the buzz words sensationalized by the local and national media in the current economic climate are “foreclosure” and “short sales.” Unfortunately, it is a reality for many people nationwide. Although every market is unique, differing from state to state and county to county, nationally there have been more than 300,000 foreclosures filed per month over the past 12 months. If you fall into this category, continue reading, as there are a number of options available to you. On the flip side, it

For the purpose of this article, I will focus on preforeclosures or short sales. A short sale is when the proceeds from the sale of a property are not sufficient to pay the lien holder in full; i.e., the lien holder agrees to accept a payoff that is less than the amount owed for the loan. This difference (amount not paid to the lender) is called the deficiency. Colorado is a recourse state and the lender has the right to collect this deficiency even after a foreclosure.

offers a possible waiver of the deficiency; and the lender may pay most or all closing costs. The worst thing that a homeowner can do is nothing. From the Realtor’s perspective, short sales help to preserve home values for neighborhoods, assist sellers to move on with their lives, and assist buyers in finding a home for a favorable price. What are the potential concerns of a short sale? The

The Federal government has initiated numerous programs aimed at assisting the homeowner who is suffering a financial hardship.”

What are the advantages of short sales? From the lien holders perspective: It saves many costs associated with the foreclosure process; the property is taken off of their books sooner; the return on their investment is greater compared to the bank foreclosing on the property and marketing it for sale. From the seller’s perspective: A short sale helps them avoid foreclosure and potential bankruptcy; is a better alternative for future credit;

process can be lengthy and contain uncertainty that the amount offered to purchase the property will be approved by the lien holder. There are also potential tax consequences for a waiver of the deficiency, as the lender may file an IRS form 1099, and in turn, the seller must claim this on their taxes. The Federal Government has initiated numerous

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programs aimed at assisting the homeowner who is suffering a financial hardship. Two such programs include: Home Affordable Modification Program (HAMP) and Home Affordable Foreclosure Alternatives (HAFA), both of these programs are in effect until December 31, 2012. HAMP is designed to modify the terms of the loan so the homeowner can remain in the home and make their mortgage payments. The HAMP eligibility requirements include: • The homeowner occupies the home as their primary residence; • The first mortgage is in foreclosure; • Payments are delinquent or default on the loan is imminent; • The loan closed before January 1, 2009; • The loan amount is $729,750 or less (for single unit). It is important to note not all lenders participate with HAMP. HAFA was put in to place to streamline the short sale process, and is an option for homeowners who are

For the buyers, a short sale presents a significant buying opportunity for patient, flexible buyers that can navigate the uncertainties of the process.” eligible for HAMP but are unable to keep their homes. The HAFA program allows homeowners to receive a pre-approved sales price for the property; protects real estate commissions up to 6 percent, and requires the lender to release the homeowner from future liability of the debt. There is a cash incentives for the seller, who receives $3,000 for relocation assistance. The process can begin before loan payments are delinquent, and once enacted it automatically delays the foreclosure process for up to one year. Uniform reporting to credit agencies is a requirement. It is important to note not all lenders participate or loan types qualify for HAFA and that junior lien holders are not required to agree to the HAFA terms.

Sound complicated? It is a tedious process at best. The keys to a successful short sale: 1. Using a competent Realtor: A Realtor will guide you through the process of listing and selling your property. The Realtor’s commission is paid as an expense of sale by the lender. 2. Convincing the Lender of the fair market value of your property: The lender must be convinced that it will be receiving the current value of a property’s collateral without the additional time and expense of the foreclosure process. A Realtor is a good choice for establishing the fair market value. 3. Convincing the Lender of your financial hardship: The property owner must establish that he/she has little or no cash flow or assets and that a long term financial hardship exists. They must complete a financial statement supported by income tax returns, pay stubs and bank statements. 4. Negotiating with Junior Lien Holders: Junior lien holders must be convinced to voluntarily release all or most of their lien on the property to allow the short sale to be completed. 5. Convincing the Lender to approve the sale: The lender(s) must agree that the proceeds of the short sale are as much or more than will be realized through the foreclosure process. A Realtor will obtain the written approval from the lender, including any cancellation of debt. Note: cancelled debt may be taxable, however, taxes may be eliminated if you are insolvent or meet the requirements of the Mortgage Debt Cancellation Relief Act. It is highly recommended that homeowners consult experts knowledgeable in the field, for example: a real estate attorney to know the legal ramifications of the many options available the homeowner (do I proceed with a short sale, a foreclosure, deed-in-lieu of foreclosure, bankruptcy?); and an accountant to learn of the tax consequences; a Realtor to assist in selling your home. And know that Stewart Title has a team of Short Sale Specialists who work with your Realtor to gain approval from your lender. For the buyers, a short sale presents a significant buying opportunity for patient, flexible buyers that can navigate the uncertainties of the process. ABOUT THE AUTHOR: Konnie Krahn-Prosence graduated from the University of Oklahoma with a Bachelor of Science degree. She has resided in the Roaring Fork Valley for the past 24 years. She began working for Stewart Title in 2006; specializing for the past year in the distressed real estate market of short sales. Konnie is Secretary/Treasurer of the Board of Directors of Mountain to Mesa Home Builders Association and is a Director on the Colorado Association of Home Builders Board of Directors.

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A Remodeler Has Different Skills Than A Builder Choosing The Right One Is Key construction out-paced revenue produced via remodeling by a 2 to 1 margin. By 2005, that margin was closer to 60/40 percent. In 2010, the Joint Center for Housing Economics at Harvard University reports that “This year, remodeling will outspend new residential construction of all kinds by a 70/30 margin.”

Bob D. Peterson CGR CAPS, CGP Associates in Building & Design, Ltd.


here is a sleeping giant in the residential construction industry and that giant is a very old and traditional piece of the building trade. The giant is remodeling and renovation. Many may ask why I and others call it a giant. As long as homes have been built, remodeling has existed, but it has only existed as a true professional industry for the past 20 years or so. The trade of professional remodeling is growing rapidly. In 2000, revenue produced by new housing

Even if new construction makes dramatic comebacks in the next couple of years, residential construction revenue is expected to be split 50/50 between new construction versus home remodels. All this makes sense if you consider the difficulty and cost in developing new land, issues such as water, and fact that America’s housing stock—even out here in the newer west—is getting older every year. If you think about it, fixing up an existing home makes a lot of sense. If you are a remodeler, a builder who is performing remodels, or if you are a consumer thinking about remodeling your home, there are many things to consider before taking on a remodel. CONSIDER THE FOLLOWING:

If you are a contractor who performs remodeling or are thinking of becoming one, you need to understand that remodeling is very different than new construction

in many ways. The challenges of working in a customer’s home while they are living in it and adhering to a schedule is one of the most important pieces of a remodel. Homeowners want and need to know when you will be done. Surveys show that the biggest complaint about remodelers is not getting done and out of their lives when promised. There are many reasons for that, but most of the time it can be related to a lack of planning and lack of really knowing what it takes to tear something apart to the correct level, tie it back together efficiently and end up with a product that is as nice as anything new, or even better. You can’t price a remodel the same as new construction; the risk is different and the factors to consider are huge. If you are a homeowner thinking about making a change in your home, you need to consider some important things. Just because a contractor is great at building new homes does not mean they are automatically equipped to perform a successful remodel. You need to make sure they are experienced at working around people in their homes, and that they will treat your home like it is their own. They need to Continued on Page 30

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Just because a contractor is great at building new homes does not mean they are automatically equipped to perform a successful remodel.” plan and organize to ensure things stay on schedule and move smoothly from start to finish.

services to successfully transform a home into a customer’s dream.

Someone once told me that it was impossible to schedule a completion date because it was a remodel. My comment was, “Tell a home owner you don’t know when you’ll finish their kitchen, when they can use their bathroom or when you’ll dry in their roof and you have big problems.”

In Aspen and Vail respectively, Mountain to Mesa Home Builders Association and Eagle Valley HBA are both extended chapters of the Colorado Association of Home Builders and National Association of Home Builders (NAHB). Local, state and the national chapters all offer many opportunities for professional education, but one sure mark of excellence a homeowner can count on is by checking to see if your builder is a member of the NAHB Remodelers Council. A builder/remodeler can be a member at large if their local HBA does not have a Remodelers Council, or belong to a local council which is affiliated with the NAHB remodeler program (NAHBR). NAHBR offers training and education to attain the “Certified Graduate Remodeler” certification, a result of taking many courses teaching the needed tools not only to perform successful remodeling but also to provide cost effective remodeling for the client while making a reasonable and respectable profit. Other opportunities too numerous to list here exist as well.

So, how does a contractor desiring to be a “professional remodeler” get there or how does a homeowner know they are working with a professional remodeler? Homeowners should go to the professional trade association at a local, state or national level; and contractors should join your local Home Builders Association, if they are not already members. By working with members of a professional trade association, homeowners can seek professionals who take advantage of the many educational and training opportunities that teach state-of-the-art remodeling methods and nuances. Such training helps train builders to be responsive to the needs of the homeowner so that they are professionally equipped to offer the necessary

How does a Homeowner/Consumer know whether they are actually getting a “professional remodeler” to

alter their home without risking their investment to un-needed issues? Certainly, you need to make sure the contractor is licensed, carries insurance to protect you and your home and has sufficient experience and systems to perform the work. The easiest way is to contact your local Home Builders Association and Remodelers Council. Members pledge to understand the real profession, abide by standards and ethics to be in business for the long term, thus being able to not only get your project completed, but to provide the project after-service as well. NAHBR membership is a sign that a builder is committed to the housing industry for the long term and truly care about your home and community and are required to be licensed and insured. Remodeling is a rapidly growing industry. Manufacturers have taken note as more and more consumers decide it is better to stay in their homes, neighborhoods and schools rather than to uproot their families and move. Many who are moving due to job or life changes are purchasing an existing home and remodeling it to be “their home” choosing neighborhoods with character, stability, and other life style choices.

Pe r s o n a l S e r v i c e w i t h Professional Style 970-9 04-1959





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Construction Defects Lawsuits Are Avoidable Homeowners and Builders Can Take Mutual Steps to Avoid Costly Litigation want to stand behind their homes, and find themselves involved in litigation despite their best efforts to avoid it. THE SETUP

David M. McLain, Esq. Holme Roberts & Owen LLP By way of introduction, let me explain my background. I have spent the length of my legal carrier, spanning 12 years now, litigating construction defect claims, almost exclusively on behalf of developers, general contractors, and other construction professionals. During this time, I have seen a few “bad apples” among the building community, to deny that any exist would be incredulous. That said, most of the individuals and companies I have represented have tried to do the right thing,

may breach their fiduciary obligations to the HOA and, therefore, be individually liable for any and all repair costs.

Most of the construction defect litigation occurring in Colorado involves homeowners associations (HOA) as the claimants. Most of these cases begin in the following way: The individual homeowners express a concern to the HOA board regarding problems they are noticing in the community or there are discussions among the owners regarding what has happened in nearby communities or in other communities developed by the same builder.

The attorneys further explain that the board members can discharge their fiduciary obligations by hiring the firm, which will represent the association on a contingency fee basis, fronting all of the investigation costs. The contingency fee agreement is usually for 33.3 to 40 percent of the gross recovery, with the reimbursement of expenses coming out of the HOA’s take. While HOAs could previously take care of all needed repairs under this scenario, this may no longer be the case.

The property management company then calls the plaintiffs’ construction defect attorneys to visit the community, typically with their forensic experts. These experts investigate the community and develop a long list of “construction defects.”


Armed with this list, the plaintiffs’ attorneys explain to the board members that they have a fiduciary obligation to the HOA to investigate and repair any construction defects and that if they do not, the board members

Prior to 2003, a claimant in a construction defect suit that prevailed on its claim for breach of the Colorado Consumer Protection Act was entitled to treble damages, plus attorneys’ fees. Going back to the 1990’s and early 2000’s, HOA’s would cover the attorneys’ fees, expert fees, and litigation costs through an award of treble damages and prejudgment interest. In a hypothetical example, assume that a jury awarded an HOA Continued on Page 34











$1 million as the necessary cost of repairing construction defects in a community. In such a case, the judge would treble that award to $3 million and would also award attorneysâ&#x20AC;&#x2122; fees against the builder. Additionally, prior to 2008, homeowners and HOAs typically received an award for prejudgment interest in the amount of 8% per year, compounded annually on the cost of repair. This ran from the date of closing through the date the claimant filed its statutory notice of claim, which precedes the initiation of a lawsuit by 75 days. In light of these potential damage awards, homeowners associations were typically able to force very lucrative settlements without the need to go to trial. In the above hypothetical, the HOA would typically demand $1.5 million, plus litigation and expert costs, to settle the case. The builder, knowing that the ultimate award against it may be 2-3 times higher, most of which would not be covered by insurance (as CGL policies do not cover CCPA awards), would then settle the case. This settlement amount would be sufficient to cover the litigation costs and the contingency fee for the plaintiffsâ&#x20AC;&#x2122; attorneys, leaving the HOA with $1 million to fix the $1 million worth of defects. In 2003, the Colorado legislature capped damages under the CCPA to $250,000, inclusive of attorneysâ&#x20AC;&#x2122; fees. In 2008, the Colorado Supreme Court ruled that prejudgment interest was no longer recoverable in cases where the claimant is seeking the cost of future repairs. For builders now, there is very little incentive to settle cases for anything more than a reasonable cost of repair, plus some amount for the HOAs litigation costs. The problem with this in the typical scenario is that the HOA cannot afford to settle for this amount, and still have enough to pay of its attorneys, experts, litigation costs, and the actual repairs needed. If the same hypothetical case were today, the best the HOA could hope for would be the $1 million cost of repair, $250,000 under the CCPA, and litigation costs. After paying for the litigation costs, expertsâ&#x20AC;&#x2122; fees, and attorneysâ&#x20AC;&#x2122; fees, the HOA would be left with less than the $1 million necessary to fix the $1 million in defects. Clearly, this shortfall grows exponentially as the size of the repair cost increases. Assuming that the cost of repair is $10 million, the net take for the HOA would be approximately 55-60% of the amount needed to make repairs.


The problem for the HOA that does not have enough money to make repairs is that they must either perform a special assessment to make up the difference, or they must choose to not make certain repairs. If the decision is to not make certain repairs, the individual owners within the community will have to disclose that fact when they sell their homes, potentially decreasing the value of the home. OPTIONS UNDER TODAYâ&#x20AC;&#x2122;S LAW

Your Builder for Life 34

In short, litigation should be the absolute last resort. I strongly encourage homeowners and homeowners associations that believe their home or community suffers from construction defects to call their builders. Obviously, the HOA will have to engage in an extraordinary

amount of due diligence to work through this situation to ensure that a builder properly investigates and repairs and problems. This can be done without hiring a plaintiffsâ&#x20AC;&#x2122; construction defect attorney on a contingency fee. I have seen situations in which an HOA has called me or one of my clients and said: â&#x20AC;&#x153;If the builder hires a specific engineer to investigate, design, and oversee the repairs, we will not hire an attorney.â&#x20AC;? Builders, given this choice and assuming that the engineer selected is reputable, may very well go along with the proposal. The HOA would probably also want to engage an attorney familiar with Colorado law to ensure that it does not lose any rights to sue the builder, up to, and through the point when all needed repairs are properly completed. I have seen very few builders during my career that are unwilling to make it right. If you live in a home or in a community where the builder is not willing to make it right and refuses to stand behind its homes, there may be no choice but to engage a plaintiffsâ&#x20AC;&#x2122; construction de-

In short, litigation should be the absolute last resort. I strongly encourage homeowners and homeowners associations that believe their home or community suffers from construction defects to call their builders.â&#x20AC;? fect attorney to represent you. Given the difficulty of the situation presented above, however, this should absolutely be your last choice. If you do have to go down this road, I would take the time to have a candid conversation with the plaintiffsâ&#x20AC;&#x2122; attorney regarding his or her strategy for dealing with the problems set forth in this article. ABOUT THE AUTHOR: David M. McLain is a founding member of Higgins, Hopkins, McLain & Roswell, LLC, a firm which specializes in construction defect and general civil litigation throughout Colorado. Mr. McLain received his undergraduate degree from Colorado State University, graduating cum laude, and his law degree from the University of Denver, College of Law. Mr. McLain is an AVÂŽ Preeminentâ&#x201E;˘ Peer Review Rated attorney by MartindaleHubbell and is a regular speaker at seminars regarding construction defect litigation in Colorado. Mr. McLain can be reached by telephone at (303) 987-9813 or by e-mail at



June 17, 18, 19 2011 CALL 970-328-2205 OR SEE M2MHBA.ORG F O R D E TA I L S

Mountain Builders 2011  

Aspen And Vail Edition- Serving Pitkin, Eagle and Garfield Counties 2011 Directory Of High Altitude Building Professionals And Resources

Mountain Builders 2011  

Aspen And Vail Edition- Serving Pitkin, Eagle and Garfield Counties 2011 Directory Of High Altitude Building Professionals And Resources