April/May 2013 Inhouse

APR/MAY 2013

NEW ZEALAND’S MOST QUALIFIED BUILDERS

InHouse THE OFFICIAL MAGAZINE OF CERTIFIED BUILDERS ASSOCIATION OF NEW ZEALAND

FEATURE: INSIDE THE BARKERS {DISTILLERY} SHOP FITOUT PAGE 20

The Best Tools to Build Your Business 2 Full Days – International Guest Speaker – Don’t Miss Out!

CERTIFIED BUILDERS CONFERENCE AGE AGEE 6 PPA

CONTENTS

MESSAGE FROM THE CHAIR

IN THIS ISSUE

At the risk of appearing negative I’m going to start off by having a bit of a grizzle about the lack of members turning up to some of our current Toolbox sessions.

Message from the Chair

1

From the Operations Desk

2

Association News

3

From Around the Regions

10

Feature: Hardware Store of the Year

15

Feature: Legal Risk Management

16

Feature: Licensed Building Practitioners Update

19

Feature: Centrespread – Senior Construction

20

Feature: Beacon Pathway

24

Q&A: The Law at Work

27

ITAB Sunny Skies

32

Builders Crack-up

38

Membership Benefits

39

Message from the Chief

41

Contact Farming House 102 - 104 Spring Street PO Box 13405, Tauranga Central, Tauranga 3141 Phone: 07 927 7720 | Freephone: 0800 CERTIFIED Fax: 07 927 7721 | Email: editor@certified.co.nz www.certified.co.nz

A lot of time and money goes into organising these and it is disappointing that so many of you are missing out on important and extremely useful information. These are designed to give you different tools and resources to improve your businesses in this often competitive environment. It’s not enough just to have the CB decal on your vehicle. To gain the maximum benefit from belonging to CBANZ and to strive to become the best builder possible it is essential that you attend these seminars and regularly access all the other sources of information that we provide.

The number of complaints we are receiving at National Support Office is growing and it is obvious that many of our members are not using contracts. While not mandatory at present, it is prudent to have one of our contracts in place before the job is started. This can save a lot of anguish and money if things go pear-shaped later. The old adage “if it wasn’t written down then it didn’t happen” is all too true. The same applies to Guarantees. It is imperative that the paperwork is completed before you commence otherwise there could be subsequent issues.

Some people have the misconception that if they employ a Certified Builder then there is automatically a guarantee in place. This is definitely not the case.

I must congratulate Warwick Leigh-James and his fellow Waikato boys for organising a fantastic fishing trip. Planning is already underway for next year’s event. Also Howard Harnett and his Whangarei team for a very successful stand at the Dargaville Field Days.

Finally, Conference 2013 is fast approaching so make those bookings.

Cheers

Dave Brown Chairman

INHOUSE | APR/MAY 2013

1

FROM THE OPERATIONS DESK Jason McClintock - Operations Manager

Top of the run: New Zealand’s Most Qualified Builders; this position statement draws a pretty sharp line in the sand, members hold their heads high in the comfort they are sitting at the top of the run and amongst the elite builders in this country. This was evident by the high number of members who felt they were worthy of a site license, despite the devaluing of these site licenses. Our members were going for gold.

It’s about the passion and the community of craftsmen; sure we will always have the stickermen who only join for the right to slap a slightly off skew sticker on the ute, that mentality is unavoidable and perhaps it’s better to have them close to the hip with support from the Association just in case.

The reality is, not all of the industry share the passion that fuels our Association. It is disturbing to read recently in the Fielding Herald where anecdotal evidence implies builders are doing work without consents to be competitive. Both licensed and unlicensed builders are taking part in this very risky business, why would anyone put their livelihood on the line like that? This kind of behaviour just takes us to new lows, the maximum fine under the Building Act is $100,000 and $10,000 for each day the work continues. Under cutting or ‘buying work” has always been present and as risky as it is, will continue while margins are tight and the lowest denominators continue to set the height of the bar.

What is just as concerning is the lack of skill and ability seen with pricing and tendering, with a lowest price wins mentality there are going to

2

INHOUSE | APR/MAY 2013

be tears or worse liquidations. The independent Kiwi spirit to be your own boss is all good and fine however this evolution is often happening much sooner than it used to, contracting and the flexibility the IRD expects from this fosters this natural progression which is now compounded with young apprentices contracting through their training period. The skills needed to advance business smarts do not form part of the onsite training and so are often discovered by the school of hard knocks. In the mean time there is a trail of destruction through media, disgruntled homeowners, poor performing buildings and again liquidations. Once again the good performers are disadvantaged.

A conscious effort to up skill If the issues of business failure is often associated with the newbie’s then why are we also seeing it amongst those who consider themselves experienced practitioners. My take on this is because we have never seen so much reform in our industry like we have seen in the last 5 years, new factors which are indirectly affecting

margins and business performance.

So both new and experienced now have a reason to continue with building education elevating outputs to meet the expectations of the end users of our products i.e. our community.

There is plenty of information circulating in the industry parading as essential to practitioners; in fact it is marketing material to get you in the door. This is why your Association works hard to address the issues that face members on site, breaking the jargon down into builder speak. This refined information is then delivered through the Toolbox Seminar Series, website, Inhouse and regional meetings. It is written within the code of ethics and rules of the Association that members must continue to up skill and what better way than that delivered through Certified Builders, all of which can contribute towards LBP skills maintenance points.

I encourage you all to attend your regional meetings, Toolbox Seminar Series [consider inviting your community of craftsman] and visit the website to keep you at the top of the run.

ASSOCIATION NEWS

B2 Durability Clause B2.3.2 requires that all hidden elements have at least the same durability as that of the element that covers it (i.e. must have the same expected life) which may be more than the requirement in clause B2.3.1. For example, the reason that a brick tie has a requirement of not less than 50 years, instead of the 15 year requirement for cladding, is that the brick veneer that hides it has an expected durability of 50 years or more.

LBP Renewal

Check your LBP license car d for your renewal date, plan your poi nts then using the easy online registr ation diary enter points and update LBP details https://lbp.dbh.govt.nz/ OnlineAccount/Login.aspx

G IN L L A F M O R F Y T E F4 SAF UCTION BARRIER CONnShoTusRehold units of multi-unit dwellings:

and withi Detached dwellings 90 0mm 00mm and their landings = • Stairs and ramps mezzanine floors = 10 s of internal floors or ge ed d an s, ck de d s: • Balconies an of multi-unit dwelling s and common areas ing ild bu er oth All • 90 0mm • Stairs or ramps = seating = 80 0mm of the front of fixed mm 0 53 hin wit rs • Barrie s = 110 0mm • All other location

Check out your clients: Consider doing background checks on your clients, here are a couple of easy sources...

• Personal Insolvency - http://www.insolvency .govt. nz/oasis3-web/oasis3/page/-oasis/domain/ communications/SearchInsolvenc yRegister.w dk • Companies office [search by surname] http://www.business.govt.nz/companies • Google - By name and any company involv ement

SUPPORT OFFICE NE WS Subscrip

tion In Certified Bu voices and Statemen ts for ilders Associ sent via em ail as a PDF ation of NZ will be sh open a PDF ortly. In ord p e (free downlo lease install Adobe Re r to ader ad available Renewal no tices will no from the internet). tb Members w ishing to up e posted out. date their d go online o eta r ca Support Off ll Ruth or Linda at Nat ils please ional ice 07 927 77 20 for assistan If you curre ce. ntly do not hav listed with N ational Sup e an email address p notify the o ffice as soo ort Office please n as possib le.

INHOUSE | APR/MAY 2013

3

ASSOCIATION NEWS

CBA

INSURANCES Can I Get Insurance For Health & Safety Bre aches?

With the curre

nt focus on “fall from heights” risk and greater enforcement of health & safet y regulation nationwide, we’ve been asked whether members can take out insurance to protect themselves from the costs of breaching health and safet y law.

According to the Health & Safet y in Employment Act it is an offence for employer s: • to fail to do something that they’re requ ired to do under the health and safety laws, or • to do something that they’re not allowed to do under the health and safety laws, if they know that this is likely to cause their employees serious harm.

The penalties are high. Employers can be: • imprisoned for up to two years, or • fined up to $500,000, or both.

In other cases the penalty for failing to comply with the health and safet y laws or regulations is a fine of up to $250,000.

No insurance can cover these penalties, in fact it is illegal to do so. However, a Statutory Liability policy will cover the legal costs of defending yourself if a case is taken to cour t.

Statutory Liability Insurance

Covers: • fines payable if convicted for an offence under statute (except Excluded Acts) • defence costs Includes: Building Act, Resource Management Act, Consumer Guarantees Act, Fair Trading Act. Examples: building without a consent, breaching resource consent conditions, misrepresenta tion of your business to the public.

You will not be covered if you act, or fail to act, knowingly or intentionally, so be careful!

Chee heerrs, s, Jim.

Jim is Managing Direc tor of CBA Insurances and has been an insurance professional for more than 40 years. He has been involved in the provision of insurance for the constructio n industry for 10 years. Contact Jim on 0800 237 843 or email: jim@certified.co.nz.

DO YOU HAVE THE RIGHT COVER IN PLACE? Ring CBA Insurances for a quote for our Esse ntial Builders Pack:

LIABILITY

PUBLIC LIABILITY + LBP + faulty workm anship + advice STATUTORY LIABILITY ERRORS & OMISSIONS (E&O) INDEMNITY

COMMERCIAL

VEHICLES CONTRACT WORKS INSURANCE (proje ct or annual) TOOLS & EQUIPMENT

Other cover is available, including all comm ercial and private/domestic policies

Call Gwenda on: 0800 237 843 e: insuranc es@cbainsurances.co.nz

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INHOUSE | APR/MAY 2013

Graeme White Membership Development Manager South Island I now have been the Membership Development Manager South Island for nearly 4 months and am about to finish my second round of Tool Box Seminars. The first was on working at heights and the second on Contracts and Home Plan +.

I would like to thank the South Island presidents for their awesome support. In some areas these seminars have been well attended, in other areas there is room for improvement.

I have been in contact with a lot of merchants around the South Island who now have pledged their support and will help promote these seminars. Having neutral venues and a national sponsor stops any conflict between merchants and seems to be working well. Although some of the attendances have been light the percentage of members signing up for the proposed Home Plan+ initiative has been very high.

Full marks to the Canterbury committee on their golf day, it was well organised and fun. They had over 100 participants

Certified Builders Association of New Zealand Incorporated

NOTICE OF ANNUAL GENERAL MEETING Notice is hereby given that the Annual General Meeting of Certified Builders Association of New Zealand Incorporated will be held on Saturday 18th May 2013 commencing at 2.20pm in the Grand Hall, Marlborough Conference Centre, 42A Alfred Street, Blenheim

AGENDA 1 Welcome and Apologies

and it was appreciated by all involved.

The ITAB team at Christchurch Membership Development Polytechnic Institute of Manager South Island Technology (CPIT) had four worthy contestants for the apprentice challenge. John McLardy (CPIT), Richard Poff local Certified Builders Association committee member and myself were the judges. My thanks to John and Richard for giving up a full Saturday. I also would like to thank Roger Bleyendaal for his support. It is awesome to see the Nelson and Southland ITABs team putting up an apprentice challenge and I look forward to being involved and seeing the finalists at the Conference in May.

Graeme White

Willy from Wellingto n is the WINNER!

Congratulations to Wi lly Williamson from We llington for winning the Samsung Galaxy Note Tablet kin dly supplied

by DigitalMobile Voda fone. And many thanks to all of our diligent members who hopped onto the members sec tion of the website and updated their info.

Now that Willy has his Samsung Galaxy Note, he can be more productive onsite , check his emails durin g his lunch break and free up time at home...

Be sure to hop onto the members sec tion of the Certified Builders website where you will find many use ful tools to build your business.

2 Minutes from last Annual General Meeting 19th May 2012 3 Chairman’s Report 4 Chief Executive’s Report 5 Presentation of the Annual Financial Report for the year 2012 6 Announcement of Directors of Board 7 Special Business (if any) 8 General Business Buster Coughtrey Cer tified Builders Memb ership Development Manager NI and Alex Marshall Vodafone dra w the lucky winner.

INHOUSE | APR/MAY 2013

5

ASSOCIATION NEWS

Certified Builders Conference 2013 “The Best Tools to Build Your Business” CONFERENCE AGENDA

Thursday 16th May 1:00pm

Registration Desk Opens – Marlborough Convention Centre Foyer

Friday 17th May Registration Desk Opens Welcome to the 15th Annual Certified Builders Conference by 9:00 - 9:10am Dave Brown (Chairman) answer Official Conference Opening including a 10 minute question and 9:10 - 9:50am tion Construc and Building for Minister on, Williams session. Hon Maurice GIB. 9:50 - 10:20am Morning Tea kindly sponsored by New Consumer 10:20 - 11:20am Geoff Hardy presents the Business Session; Your Act. Building the under ons Obligati n Protectio

7:00am

11:20 - 12:20pm Health & Safety Session Guest Speaker. TBA exciting changes to the 12:20 - 12:30pm Jim Rickard, Builtin New Zealand Ltd announces Homefirst Guarantee scheme.

12:30 - 1:30pm

Lunch

1:30 - 2:00pm

CB Home Plans presented by Grant Florence (Chief Executive)

2:00 - 3:00pm

Guest Speaker - TBA

3:00 - 3:30pm

Afternoon Tea kindly sponsored by BRANZ presents: Scott Sedam (President) TrueNorth Development Inc, Michigan, USA kindly Eliminate waste and achieve breakthrough profits. Keynote Speaker sponsored by Mitre10 Trade.

Tools-Down Happy Hour kindly sponsored by PlaceMakers.

Partners who have attended the partners tour are welcome to come along to the Tools-Down Happy Hour.

3:30 - 4:30pm

4:30 - 5:30pm

7:00pm

Friday Night ITM Mingler held at Wither Hills Winery.

Saturday 18th May 8:30 - 9:25am

Registration Desk Opens Educational Workshop Streams - round 1

9:30 - 10:25am

Educational Workshop Streams - round 2

7:00am

6

Grand Hall Expo Area Grand Hall Grand Hall Grand Hall Expo Area Grand Hall Grand Hall Expo Area Grand Hall

Expo Area

Wither Hills

Workshop rooms 1, 2 or 3 Expo Area Workshop rooms 1, 2 or 3 Workshop rooms 1, 2 or 3 Expo Area

1:00 - 2:00pm

Lunch

2:00 - 2:15pm 2:15 - 2:30pm

Apprentice Challenge Winner Announced. TBA Official Closing of the 15th Annual Conference. TBA

2:30 - 3:00pm

Certified Builders Annual General Meeting

3:00 - 3:30pm

Afternoon Tea

3:30 - 4:30pm

AGM continues

4:30 - 5:30pm

Tools-Down Happy Hour kindly sponsored by Carters.

Partners who have attended the partners tour are welcome our. to come along to the Tools-Down Happyy Hour.

7:00 - 7:30pm

Gala Dinner pre-dinner drinks

7:30 - 12:00am

Gala Dinner

INHOUSE | APR/MAY 2013

Grand Hall

Marlborough Convention Centre Foyer Workshop rooms 1, 2 or 3

10:30 - 11:00am Morning Tea 11:00 - 11:55am Educational Workshop Streams - round 3 12:00 - 12:55pm Educational Workshop Streams - round 4

Please note this agenda is correct at the time of printing, but may

Marlborough Convention Centre Foyer

Grand Hall Grand Hall Grand Hall Expo Area Grand Hall

be subject to change.

Expo Area

ion Centre Foyer Marlborough Conventio ion Centre gh Conventio ugh arlborou M Marlboro

ASSOCIATION NEWS

“The Best Tools to Build Your Business” at Certified Builders Conference Do you have a burning question you would like to put to Building and Construction Minister Hon Maurice Williamson? Interested in hearing about LeanBuilding™ practices to improve product, process and profit?

Then sign up www.certified.co.nz/ conference/register/ for the Certified Builders Association of New Zealand “The Best Tools to Build Your Business” conference in Blenheim on 17 and 18 May 2013.

The conference guarantees two days of learning, networking, trade stands and fun! Hon Maurice Williamson will officially open the conference and will host a question and answer session.

Among the quality line up of conference speakers will be international building consultant Scott Sedam, the President

of TrueNorth Development Inc in the United States of America.

During the recent industry downturn, TrueNorth’s LeanBuilding™ processes saved clients more than US$200 million, demonstrating clearly how to improve product, process and profit without compromising builder, supplier and trade relationships.

Scott was also among the first to recognise the substantial additional benefit that “building lean also means building green”.

Scott is the contributing editor for Best Building Magazine and writes a weekly LeanBuilding™ blog on www.HousingZone.com.

Scott and his family live in a converted barn in Novi, Michigan, built in 1828 by

a veteran of the War of 1812 and signer of the first Michigan State Constitution.

Scott regretfully reports that all calls to the builder for warranty service have gone unanswered!

Certified Builders Chief Executive Grant Florence says this year’s conference will provide two full days of motivational and educational plenary sessions, educational workshops, trade demonstrations and networking opportunities. And of course the ever popular Gala Dinner on Saturday 18 May. Certified Builders will also hold its AGM during the conference.

This year’s conference is worth 8 hours of learning and attendance certificates will be awarded. The conference is filling up quickly - don’t miss out, register www.certified.co.nz/ conference/register/ today!

INHOUSE | APR/MAY 2013

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ASSOCIATION NEWS

HOMEFIRST BUILDERS GUARANTEE What’s NOT Covered By The Guarantee (Part Two) In this series of articles we explain in plain language the exclusions in the Homefirst Builders Guarantee. Part two covers exclusions (e) to (i).

Whether it’s a workplace injury, disease, fire, theft or car accident, most people think “it’ll never happen to me”. Despite that, most people will have insurance against one or all of these things, just in case.

The purpose of the Homefirst 10 Year Guarantee is the same. It protects homeowners from being out of pocket in the event that their builder is unable to finish their build. It will also pay to rectify defects, if they arise, and their original builder is no longer around to do it themselves.

Like any insurance policy, there are exclusions Lik to m make clear some of the things that are not intended to be covered by the Guarantee. inten

SECTION D: EXCLUSIONS SECTIO CBL (the underwriter of the Guarantee) shall not be liable for any Claim for loss or damage:

using untreated timber is one of them. We will not issue a guarantee where we know that the framing is not adequately treated. Framing timber must be treated to at least H1 Plus for a guarantee to apply.

16 (g) where a water drying or drainage system is not in place where face-fixed and sealed wall claddings are used; Explanation: Building without a cavity is another high risk practice that is not covered by the Guarantee.

Dwellings must have a water drying or drainage system (i.e. a cavity) in place to qualify for cover.

16 (h) arising from any seepage, pollution, mould, contamination, war (whether declared or not), invasion, rebellion, nuclear radiation, or expropriation, confiscation or nationalisation by or under order of any Government, Public, or Local authority; Explanation: Loss or damage caused by any of these events is not intended to be covered by the Guarantee and this exclusion makes this clear.

16 (e) from an event which is normally covered by a policy of general insurance;

16 (i) arising from exposure of natural timbers, or the normal drying out, or any other fair wear and tear of the Works;

Explanation: The Guarantee is not intended to Explanation cover things like li fire, theft or accidental damage and should not be looked on as an alternative to contract work works or house insurance.

Explanation: The Guarantee is not intended to cover wear and tear or the weathering of exposed timber, including things like resin bleed.

16 (f) where the W Works are carried out using framing timber fo for exterior walls that is not treated against dec decay to a standard of at least H1 Plus, unless the cladding c is brick veneer with a ventilated drained cavity c of at least 40mm; Explanation: There are some practices that we know have a higher risk of causing problems,

Next issue: Exclusions (j) to (m).

This article provides some clarification of the exclusions contained within the Homefirst Guarantee policy. It should not be relied upon as legal opinion. Interpretation of the policy is a right reserved by CBL and will depend on the specific circumstances of each individual claim.

The Homefirst Builders Gu Guarantee is independently administered by Builtin New Zealand Limited and underwritten by CBL IInsurance Limited. For more information or to apply for a guarantee online visit: www.bui www.builtin.co.nz. Contact the team on 0800 237 843 or e: guarantee@builtin.co.nz.

watertightwarranty.co.nz To become a WaterTight Accredited Builder contact Ben on: 07 579 6259, e: ben@builtin.co.nz

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INHOUSE | APR/MAY 2013

7 THINGS TO CONSIDER WHEN INSTALLING GIB EZYBRACE® SYSTEMS.

ARD O B TER S A ® PL B I G

MS E T SYS

These recommendations are not a substitute for the full information contained in relevant GIB® technical literature. Please familiarise yourself with the literature before proceeding with any project.

DESIGN 1. Check that full length wall panels have been designated as bracing elements. Using part walls is inefficient and can cause finishing issues due to different lining requirements and unnecessary fastener lines.

2. Check that GS1-N and GS2-N bracing elements have been used where available and that high performance bracing elements have been specified efficiently and only where needed (e.g. building corners, narrow panels supporting lintels over window or openings).

3. Discuss the bracing layout with your designer or call the GIB® Helpline for assistance.

75mm

12mm from paper bound edge

50mm

75mm

1(: $GGLWLRQDO IDVWHQHU UHTXLUHG PLGZD\ LQ ILUVW PP JDS

50mm

GIB EzyBrace® 2009 pattern 18mm from cut sheet edge

50mm

S T N ME E R UI Q E R 2 No. CING BRA

4. Fasten the perimeter of GIB® plasterboard in bracing elements with nominated fasteners at 150 mm centres using the bracing corner fastener pattern as illustrated.

150mm crs

INSTALLATION

150mm crs 50mm

50mm

50mm

75mm

75mm

5. The nomination of GIB® bracing elements is simple.

GIB E EzyBrace B S Systems comply l with h the h ®

requirements of NZS 3604:2011. When designed and installed in accordance with GIB EzyBrace® Systems 2011 and the GIB® Site Guide 2010, they provide resistance to wind and earthquake forces.

For your FREE copy, call the GIB® Helpline on 0800 100 442 or view it online at gib.co.nz/ezybrace.

The website has further bracing information including the ‘Efficient Bracing Design’ Bulletin.

The most common elements are: GS1-N: inside of external walls (GIB® Standard one side and no special hold-down brackets) GS2-N: commonly for internal walls (GIB® Standard both sides and no specific hold-down brackets) High performance elements include: GSP-H: GIB® Standard one side and plywood the other BL1-H: GIB Braceline® one side BLP-H: GIB Braceline® one side and plywood the other BLG-H: GIB Braceline® one side and GIB® Standard the other 6. The ‘H’ indicates that all these have special hold-down brackets at the ends of the element.

Winstone Wallboards recommends using the GIB Handibrac®. The BOWMAC screw bolt has a minimum characteristic uplift strength of 15Kn.

To book free on-site training, go to gib.co.nz/skills-maintenance-request-form or call the GIB Helpline. ®

®

GIB® is a registered trademark.

7. GIB® Grabber® screws (with the ‘G’ on the head) have been tested for use in GIB® Bracing systems.

FROM AROUND THE REGIONS

Local Members Out in Our Communities

a

g n a r Tau

Bowling in Matua Certified Builders National Support Office recently had a couple of hours outdoor bowling. Thanks to Certified Builders member Colin Meads and Matua Bowling Club for organising the afternoon and cooking the BBQ for the staff. It was a lot of fun with some good competitive bowling and some going in the wrong direction (silly bowls, they do have a mind of their own it seemed).

The team.

Whatsup with our CE?

Decision time.

Z mem CBAN

10 INHOUSE | APR/MAY 2013

ber Co

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FROM AROUND THE REGIONS

Canterbury terbury n a C Golf Day The local committee did a wonderful derr fu f l job of organizing the Certified Bu Builders Buil ilide ders rs Canterbury Golf day! They had d 120 120 shirts made to give to all participants ipa ant ns and they ran out! A great example of how successful the day was. A huge thank you to Hamptons ITM for their sponsorship for these. Also a huge thanks to all the Sponsors who supplied many prizes. It all mounted d up to a fantastic day out!

Some took the day seri

ously!

“p We had some...

Ramset “Reps” hard at

work...

Ramset hotdog stand on the 15th was greatly appreciated!!

The 19th was well atte

the prize- giving.

Mike Tyree, MC for

osers”...

Dick van Hilten (HomeTech Solatube South Island Manager) presenting attic ladder prize.

We would love to hear your stories from around your community.

nded.

sponsor) Don Blair (Hampton’s ITM - major with captain of winning team.

Send your Stories to: CBANZ, PO Box 13405, Tauranga Central, Tauranga 3141 EMAIL: millie@certified.co.nz

INHOUSE | APR/MAY 2013 11

FROM AROUND THE REGIONS

Builders Day Out

Auckland

By Stavros Evangelidakis – Director – Licenced Building Practitioner

The 22nd of March 2013 saw after many hours of very hard work in organising it - the Auckland Builders Day Out - organised specifically by three members of the Auckland Committee and predominately put together to raise funds for the Apprenticeship Scholarship Trust but also for builders and apprentices to speak to the building related companies present who had sponsored the day, participate in the team activities, bid on the absolutely fantastic products that were donated for the auction (two that spring to mind – a dune buggy and ute storage drawer) and to simply network with others in the beautiful grounds of Unitec in Auckland.

We had perfect weather and excellent support from the industry – Pryda’s Walk the Plank activity was a real winner along with Gib Build a Tower, James Hardie’s Four Faces of Success, Dayle Timber ITM Egg Catapult, ITM and Mitre 10 both had hyper car simulators that proved very popular, Hilti had a 22 volt Cordless Challenge, Nalco the Human Bug – (very interesting) and Paslode a nail gun throw and Warm up Chippies Chipping. Rylock, Selleys, Ramset, Rockcote, ITW Proline, Righthouse, Shadow Hidden Deck Fasteners, Hua Tools, Makita, Laminex Group, Marshall Waterproofing, Taurus Leather Products, ITABS and Hazardco

12 INHOUSE | APR/MAY 2013

all had a presence there and were eager to educate on their products and services. Other ‘interest’ sponsors present included Tool Mag, Nav Man, St Johns, Dirty Man Skincare, Schofield Holden, Mag & Turbo, Fergs Kayaks, Rolarworx (fantastic for work vehicle fit out solutions) and Freeman X Supercars, plus special thanks to Resene, Redbull, Harvey Norman Commercial, Milwaukee Powertools, Tasman Insulation, Mitek, Hunting and Fishing at Westgate, Lifebuilt Construction Limited, Carters, Dysart Glen Innes and a very special mention for the team at Jackson Electrical Industries in Onehunga who sponsored the distribution boards,

power boxes and leads. A huge thanks go to all of our sponsors!

The only disappointing factor we had out of the whole of our Auckland membership – 83 builders pre-register for the day – of those only 59 turned up, thankfully an additional 40 builders arrived and some 102 building students from Unitec and their tutors. For effort that was put in by the Auckland committee it was very disappointing.

We had fantastic sponsors and without them this would not have happened – the thought that they put into their activities was superb. For the builders that didn’t turn up, you missed out on a terrific day.

FROM AROUND THE REGIONS

Waika to

Waikato Fishing Day

ille

v Darga

Dargaville Field Days

INHOUSE | APR/MAY 2013 13

Great Idea...

Here’s a great idea...

One of my apprentices employed by Dusty Builders wears these ear muffs with the volume control and surround sound control.

His employer is upstairs doing ceiling battens or up on a scaffold fitting Linea for example.

The employer can via his own radio contact the apprentice with instructions or measurements.

No need to yell at the boy or compete with the radio as the mic in the ear muffs over rides the radio if it’s in use.

Apprentice is contactable anywhere on the site even if he is using loud machinery.

Great Idea!

Give-A-Way Richard was very chuffed to receive his drill, seen here working on a project in Bethlehem Tauranga, cheers ITM.

Thank you all who text the correct answer to the question from the last Inhouse issue, what was the collective fall system mentioned in the Falls From Heights article.

The answer was in fact Humpty’s Fall Breaker. Check this innovative product out in the Health and Safety tab within the knowledge section of the Certified Builders web site.

Chairman David Brown pulled the winner out of the hat, with the ITM drill going to Richard Thompson of Artisan Construction.

14 INHOUSE | APR/MAY 2013

FEATURE: Hardware Store of the Year

ITM No.1 For Customer Satisfaction

Paul Taylor, ITM Suppor t Office General Man ager: Marke ting and Operations receives the award from Pip Ellio tt, General M anager for Roy Mor gan Research NZ.

ITM took out top spot for 2012 in the hardware category at the annual Roy Morgan national customer satisfaction awards, outperforming their closest rival by a significant margin.

Over 12,000 New Zealanders were surveyed month by month and ITM scored highest on eight of those months last year.

Debnath Guharoy, Asia-Pacific regional director for Roy Morgan, announced the awards at a presentation dinner in Auckland on March 1.

“ITM is focused on satisfying the needs of trade customers through a strong service ethic,” ITM chief executive

Gordon Buswell confirmed that it’s a key objective for the ITM group.

“Our storeowners have been with ITM for a long time, this means their team is stable and the retention of knowledge within the group is what makes us different. We see this as a real advantage. Because we are here to serve the tradespeople first and foremost we make sure our stores have people who are thoroughly familiar with the building industry.

“Everyone in our network is delighted with the result because it justifies all the hard work our people have put in to customer service.”

During the presentation, Mr Guharoy stressed the importance of customer service in the current environment.

“Never before has customer satisfaction been so critical. Social media such as Facebook and Twitter have given customers a megaphone to broadcast their praise or disapproval,” he said.

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INHOUSE | APR/MAY 2013 15

ARTICLE 5:

Legal Risk Management The main risk you face in undertaking leaky home repairs is that if further leaks develop later on down the track, the home owner will file a claim against you. This fifth article in the series based on the workshop run by the Ministry of Business, Innovation and Employment – Building and Housing group that has been running at centres around NZ will focus on how you can effectively manage this risk.

Please note that the views and opinions expressed in this article are those of Madison Hardy and do not necessarily reflect the opinion or position of the Ministry of Business, Innovation and Employment – Building and Housing group.

Leaky home projects where the owner wants a cheap patch-up job done without a building consent are high risk and you should stay well clear of them. You want to undertake low risk projects where a reputable building surveyor has done a thorough investigation and

good sense to protect yourself. There are five main ways of doing that.

Your first protection are limitation periods; the law imposes time limits within which people must commence legal proceedings. For claims based on something that happened on or before 31 December 2010, if a claimant is going to bring a claim based on an alleged breach of contract, he has 6 years from the date when he says the relevant term of the contract was breached. For claims based on negligence (i.e carelessness which caused someone loss that was

Leaky home projects where the owner wants a cheap patch-up job done without a building consent are high risk and you should stay well clear of them.

prepared a report on the causes of the leaks, an architect has prepared plans and specifications for the repair work and a building consent has been obtained. Although the risk of future leaks is much lower in these projects, there will inevitably be occasions where even a consented repair job won’t turn out to be watertight in the long run. It therefore only makes

16 INHOUSE | APR/MAY 2013

reasonably foreseeable), the claimant has 6 years from the date on which the loss or defect became reasonably discoverable. For claims that are based on acts or omissions after 31 December 2010, where the claimant is seeking a payment of money, the limitation period is 6 years from the relevant act or omission. But even after the 6 years have expired, if the claimant discovers (or should have

discovered) that he has a claim, he has a further 3 years from then to file his claim. However, where the claim relates to building work, no claim can be brought more than 10 years after the act or omission upon which the claim is based.

Secondly, you can protect yourself against liability to the current owners by inserting special clauses in your building contract, which clearly define your scope of work. The special clauses should provide that you are only hired to do the work shown in the plans and specifications, not to comment on them, nor to point out any potential defects either in the repair work or in the rest of the house that is not affected by the repairs.

The third way of protecting yourself is to have an insurance policy that covers you against the risk and consequences of your own errors and omissions (mistakes). The first relevant insurance policy is known as a guarantee (or surety) that is offered for example by members of the Certified Builders Association and Registered Master Builders Federation. These products protect the owner rather than the builder and most do not cover weathertightness work; a ‘WaterTight Warranty’ is however now available.

The second relevant insurance policy is known as Errors & Omissions (“E&O”) cover or “professional indemnity”.

Unlike the surety products, this

protects the builder rather than the owner. It covers you where you or your employees, contractors, subcontractors or suppliers have made a mistake, or put faulty components or materials into the building.

The fourth way of protecting yourself is by way of limited liability companies and trusts. The whole idea of a limited liability company is to protect your personal assets from business risks. However you cannot abuse the privilege of limited liability; you cannot for example keep liquidating your company and replacing it with a new one for each leaky home job you undertake. Secondly, a limited liability company offers no protection against claims brought against you personally if you had “hands on” involvement in the remediation work (i.e you worked on-site or issued instructions about how to do the remedial work). The necessary safeguard in such a situation (which is typical in small owneroperator businesses) can be provided by a trust. When you put an asset (such as your house) into trust and you

become a trustee, you hold that particular asset as a custodian or guardian for the people who really own it, namely the beneficiaries. For that reason, your own creditors can’t touch that asset, unless they can prove your trust is a sham, or you put your assets into trust for the purpose of defeating your creditors. So your trust has to be genuine and it obviously pays to create your trust when everything is rosy, rather than when the creditors are breathing down your neck.

The fifth and possibly the cheapest and most effective way to avoid future liability for leaks, is to be thorough in your work rather than economical.

These are the types of projects where overkill is more appropriate than economising. Hopefully you will be able to factor that degree of thoroughness into your pricing.

Wrap up: Article six in this series will discuss health and safety in the context of remediation projects.

Geoff Hardy This article was provided by Geoff Hardy and Gagan Tangri of Madison Hardy, a commercial law firm specialising in construction law. It is not intended as legal advice.

For further information please phone (09) 970 9569 or e-mail info@madisonhardy.com.

Suggested follow up areas for more information • Building & Housing website: www.dbh.govt.nz/ws-infofor-building-professionals • The B & H publications - Guide to Remediation Design - Guide to the Diagnosis of Leaky Buildings - Dealing with Timber in Leaky Buildings

To become a WaterTight Approved Builder contact Ben on: 07 579 6259 email: ben@builtin.co.nz

Underwritten by CBL Insurance Limited

www.watertightwarranty.co.nz

INHOUSE | APR/MAY 2013 17

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18 INHOUSE | APR/MAY 2013

FEATURE: Licensed Building Practitioners Update

INFLUX OF LICENCE APPLICATIONS

By Melanie McIver – Project Manager LBP

Since the introduction of Restricted Building Work (RBW) one year ago there has been an influx of licence applications for the Licensed Building Practitioners (LBP) scheme, peaking at over 3800 applications in one month.

So far 27,118 licences have been issued shifting the focus from implementation to the day-to-day running of the scheme. Main priorities at the moment include fine-tuning the Skills Maintenance system and to get LBP licences about to expire relicensed.

day-to-day working environment while not being unnecessarily laborious.

Skills Maintenance

The role of an auditor

As you may know the Skills Maintenance system is put in place to ensure that LBPs:

Currently LBPs are required to submit their record of skills maintenance activities to the Registrar every two years in order to get relicensed.

Frequent auditing ensures that registered licence holders are skilled and able to do their job, and continue to do so through skills maintenance and learning.

• keep current with government building regulations and possible changes, • learn and apply technical skills • continuously improve their trade skills to build it right the first time.

The scheme is based on a point scoring system, (one point = one hour of learning) where learning activities enhance trade knowledge in the area that is specific to the licence class.

An ongoing challenge for the Skills Maintenance review team is to develop the system in a way that adds value to the building sector as a whole. All learning requirements must prove beneficial to the LBPs

To maintain the creditability of the scheme, from an industry and homeowner’s perspective, the activities must be seen to improve competency and maintain quality skills.

While the word ‘audit’ might sound daunting it is only intended to ensure that skills maintenance records are genuine. It confirms that the activities add value and that the LBP is on the right track. The role of an LBP auditor is to also confirm that the activities are relevant to the licence class and that they have been done by a practicing LBP. All LBPs who are licensed for longer than two years are welcome to contact the Ministry to be audited via LBPaudit@dbh.govt.nz

Reminders Ministerial reminders of licences due for renewal are sent out around six weeks prior to the expiry date.

Another reminder is sent out four weeks later. The Registrar is required by law to suspend LBPs who do not meet their relicensing obligations.

Remain current and up to date A number of LBPs are getting unnecessary suspension notices by not managing their licence renewals. This is of particular concern to the Ministry of Business, Innovation and Employment.

The LBP public register keeps record of the licensing history, including Registrar suspensions, for a period of three years. The expiry date is clearly marked on the licence card. Note the date and ensure that you relicence on time.

Not only do these suspension notices remain in the public register, the LBP in question also runs the risk of carrying out unsupervised Restricted Building Work without a current licence.

Watch this space for more updates on the LBP scheme.

INHOUSE | APR/MAY 2013 19

FEATURE - Centrespread

Senior Construction Barkers {Distillery} Boyd Senior CBANZ, LBP Director – Senior Construction – seniorconstruction.co.nz

20 INHOUSE | APR/MAY 2013

INHOUSE | APR/MAY 2013 21

FEATURE - Centrespread

Senior Construction is an established Auckland company specialising in bespoke residential construction, light commercial construction and shop fitting.

We are a six man strong team consisting of Boyd Senior, Managing Director, Dan Brooker, Ian Burt, Dave Keys all qualified carpenters, Ben Hargreaves and Daniel Stoddart third and second year apprentices. Additionally, Brian Harris Quality Woodwork supplies all the joinery for Barkers, and has done for 20 odd years!

22 INHOUSE | APR/MAY 2013

We work closely with some of Aucklands most respected Architects and Designers to achieve great results for our clients in the residential and commercial sectors as well as travelling the country to complete shop fit-outs to a very high standard.

Barkers have been worki a number of years now. ng with Senior Construction for In more recent times, nior Co nstruction has rolled out our new store concept Se across the country.

Having worked with Bo and his team both locally and further afield, the level ofydser vic e been nothing short of fantastic. and quality of works has For our latest project, Ba rs {D istillery}, the level of craftsmanship called for, rke we nt up but praise for the way the projec a level and I have nothing course the end result. Boyd ’s ab t was managed and of ensures all issues are dealt with ility to think laterally in a timely fashion with minimal disruption.

Whilst working out of town there is always a fear as a client of the standards and timelin e slip pin Construction’s stringent selection g, but Senior and of course their own site ma process of sub-contractors the project met all deadlines an nagement team, ensured remained at the highest quality.d the workmanship Boyd and his team are extremely approachable, with a high level of communication ma intained throughout all pro jects.

Glenn Cracknell - Operations Manager - Barkers • Materials used The floor is an engineered oak laid on the diagonal, walls are grooved, white-washed plywood. The shopfront “cage” is constructed of clear powder coated steel constructed off-site and assembled on-site after hours due to the noise (malls don’t like noise!) We sourced local, recycled Rimu for the sloping ceiling in the shopfront, sliding timber front door and fitting room doors. We used the un-finished side of the Rimu on the doors for contrast lacquered with clear, satin varnish to bring out the colour and give the doors some character.

• Deadlines Deadlines are always set before we commence construction and they do not move! Barkers typically open with some fanfare accompanied by advertising in print and social media so the dates do not change. We are typically given 4 weeks to complete from start to handover date. The project is delivered to Barkers staff commercially cleaned and ready to be merchandised.

• Working conditions Working in malls is tough, all materials are delivered outside of mall hours, noisy and smelly work must be done after hours and we constantly battle noise and other

complaints from other stores.

Shop fitting requires strict programming and co-operative subs as we will typically have 4-8 men trying to get their work done in a small, dusty space... usually for long hours at a stretch. Coupled with staying in hotels and eating “mall” food constantly the team get over it pretty quickly! (Typically solved with a few cold beers).

• Interesting features of the build/project Barkers and the designer (AND Ltd) come up with some impressive ideas and we convert these into something that will actually work!

It’s always a challenge we meet head on and enjoy. The barrel wall at the Riccarton store was one of them, sourcing barrels and the recycled timber beams to make it look authentic. We also had to construct what looked like a pipe and valve system (think distillery) using old, recycled fittings found in the US, a chandelier made of cut and polished liquor bottles with specific bulbs also imported from the US. The sliding front door was custom made from steel, a timber frame inserted inside it so we could clad with Rimu all whilst keeping the weight of it to a minimum so the staff could actually open it.

INHOUSE | APR/MAY 2013 23

FEATURE: Beacon Pathway

Curbing Construction Waste

By Lois Easton, Beacon Pathway

The recently built Havelock North Best Home™ not only produced relatively little construction waste, it sent staggeringly little waste to landfill.

According to REBRI, up to 50% of landfill comes from construction and demolition waste. Given that New Zealand has a significant recycling and commercial composting industry, construction and demolition wastes should be viewed as a resource that needs careful management.

The Havelock North Best Home™, built by Horvath Homes for Hastings District Council, provides an inspirational example of how to reduce construction waste to a minimum.

How did they do it?

Horvath Homes focused on both reducing the amount of waste produced and diverting as much waste as possible from landfill. They had economics in mind; the cost of skip hire and landfill disposal of construction waste is substantial.

The construction manager, Hugh Campbell, was in charge of minimising waste. He prepared a short waste management plan (less than 1 page) before construction commenced.

This identified the major sources of construction waste and where they could be recycled. He also briefed all subcontractors on the waste management requirements.

A key difference in the management of construction waste for the Best Home building site was the absence of a skip for wastes to landfill. In fact the only bin on site was for timber; all other wastes were piled up and removed quickly when produced. This meant

24 INHOUSE | APR/MAY 2013

that the site remained tidy, and the temptation to stick recyclables in the bin destined for landfill was eliminated.

Off-cuts and other construction waste were sorted and weighed on site.

Where possible, materials were re-used or recycled, and only the remaining materials were sent to the landfill.

PlaceMakers Timber Bin – for most of the build the only waste receptacle on site.

Many materials suppliers took responsibility for the wastes generated by their materials. For example: • Timber off-cuts were taken back by PlaceMakers, used for noggins, jack studs and blocking, and any remaining timber waste was used as fuel in the nearby Whirinaki Power Station.

• Paint containers were taken back by the supplier for recycling, and waste water from paintbrushes was cleaned in a paint cleaning system.

Paint cans collected on site awaiting collection.

• Plumbing and drainage offcuts were taken by the supplier.

• Polystyrene offcuts from the cladding were taken back by the supplier who returned them to the manufacturer for recycling.

Local recycling companies recycled cardboard, concrete, Linea weatherboards, plasterboard offcuts and plastics, ensuring maximum diversion of wastes .

In addition Horvath Homes reused some offcuts (e.g building wrap, polythene sheeting) on other houses under construction.

Steel reinforcing, wooden boxing and topsoil floor slab construction separated on site.

The results The Havelock North Best Home™ has a total floor area of 186.68m2. In total, 15.15kg/m2 of floor area (2829.15kg) of waste was generated from the house’s construction. Of this, 95% (2696.15kg) of waste materials was diverted from landfill.

It is interesting to compare this to standard build houses, in this case a study by Christchurch City Council of the construction waste produced in “normal” homes being built around the city (pre-earthquakes).

How did Horvath Homes get such a good result?

A critical factor in Horvath Home’s success was the strong commitment of the construction manager – and all the tradespeople working on the site – to sorting waste as it was generated, and making use of every possible recycling option. Clear briefings on the waste management objectives, the frequent on-site presence of the site manager, and good project management (in which waste reduction and recycling was an integral part of the project) explain why the waste management practices were so good.

Equally important was the absence of a general waste bin on the site.

Waste to be sent to landfill had to be consciously sorted into a pile.

This is a totally different approach to the normal waste management on a construction site where the large landfill skip is provided, making it easy – and tempting – to dispose of waste to landfill.

The availability of recycling options for plasterboard, concrete waste and timber were critical to achieving such a good result – these three wastes represented nearly 79% of the total waste generation. Also impressive was the product stewardship approach of material suppliers which made a big contribution in terms of weight of waste recycled.

Builder

Waste by floor area (kg/m2)

Waste Waste (kg/m2) to diverted from landfill landfill

GJ Gardner

17

70%

5

All waste in skips (2.5 x 7.5m3 skips used)

Jennian

18

75.5%

5

All waste in skips (4 x 7.5m3 skips used)

Mike Greer Homes

22

54%

10

All waste in skips (4.5 x 7.5m3 skips used)

Orange Homes 23

60%

9

All waste in skips (3 x 7.5m3 skips used)

Stonewood Homes

21

80%

4

All waste in skips (3 x 9m3 skips used)

David Reid Homes

19

84%

3

All waste in skips (4 x 7m3 skips used)

Benchmark Homes

25

82%

4

All waste in skips (43 x 7.5m3 skips & 2 x 3m3 skips used)

Golden Homes 12 (Steel framed)

76%

3

All waste in skips (2 x 7m3 skips used)

Horvath Homes 15 Best Home

95%

0.7

Sorted on site with bin only for timber

When the types of waste are analysed, two further points stand out. One is the absence of hazardous waste in the Havelock North Best Home™, a positive result of careful selection of low VOC and non-toxic materials and products.

The second is that errors and rework generate substantial extra waste, even in this well-project managed house.

Over 58% of the waste produced was concrete/masonry. This was reflected an error in the installation of a concrete thermal wall in the house, which then had to be completely reworked – creating an extra 900kg waste (31.8% of total waste generated).

Horvath Homes achieved excellent results with their approach to construction waste management in the Havelock North Best Home™.

Clearly a combination of good waste reduction practices combined with

Waste management method

sorting and diversion from landfill can result not only in less waste to landfill but also in construction savings.

For general information: http://www.branz.co.nz/REBRI If you are interested in the waste management approach used

by Horvath Homes, contact Scott McCarthy (06) 844 4638

About Beacon Pathway Beacon Pathway is an Incorporated Society committed to transforming New Zealand’s homes and neighbourhoods through research and demonstration projects that show how to make homes more resource efficient, healthier to live in, adaptable, resilient and affordable.

For further information about Beacon Pathway visit www.beaconpathway.co.nz

INHOUSE | APR/MAY 2013 25

THE LBP SCHEME IS A BIG CHANGE. PLACEMAKERS HELPS ME EARN THE POINTS I NEED. If you’re wondering where you’re going to get the time to keep up your LBP Skills Maintenance Points you can relax, because at PlaceMakers we’ve got you sorted. Attending PlaceMakers Skills Maintenance Seminars and reading Under Construction are all worth points, and they’ll help you a long way towards the total you need for the year.

The LBP Skills Maintenance scheme is a big change for our industry. Visit PlaceMakers.co.nz or head in-store to see how we can help you keep focused on the job at hand.

BRANCH

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DATE

TIME

Thursday, 9 May 2013 Tuesday, 21 May 2013 Tuesday, 21 May 2013 Wednesday, 22 May 2013 Wednesday, 22 May 2013 Thursday, 23 May 2013

5:00pm - 7:00pm 7:00am - 9:00am 5:00pm - 7:00pm 7:00am - 9:00am 5:00pm - 7:00pm 7:00am - 9:00am

Thursday, 4 April 2013 Thursday, 4 April 2013 Tuesday, 9 April 2013 Tuesday, 9 April 2013 Wednesday, 10 April 2013 Wednesday, 10 April 2013 Thursday, 11 April 2013 Tuesday, 16 April 2013 Tuesday, 16 April 2013 Wednesday, 17 April 2013 Wednesday, 17 April 2013 Thursday, 18 April 2013 Monday, 22 April 2013 Tuesday, 23 April 2013 Tuesday, 23 April 2013 Wednesday, 24 April 2013 Tuesday, 23 April 2013 Tuesday, 23 April 2013 Wednesday, 24 April 2013 Tuesday, 30 April 2013 Tuesday, 30 April 2013 Wednesday, 1 May 2013 Wednesday, 1 May 2013 Thursday, 2 May 2013 Tuesday, 7 May 2013 Tuesday, 7 May 2013 Wednesday, 8 May 2013 Thursday, 9 May 2013

7:00am - 9:00am 5:00pm - 7:00pm 7:00am - 9:00am 5:00pm - 7:00pm 7:00am - 9:00am 5:00pm - 7:00pm 7:00am - 9:00am 7:00am - 9:00am 5:00pm - 7:00pm 7:00am - 9:00am 5:00pm - 7:00pm 7:00am - 9:00am 5:00pm - 7:00pm 7:00am - 9:00am 5:00pm - 7:00pm 7:00am - 9:00am 7:00am - 9:00am 5:00pm - 7:00pm 7:00am - 9:00am 7:00am - 9:00am 5:00pm - 7:00pm 7:00am - 9:00am 5:00pm - 7:00pm 7:00am - 9:00am 7:00am - 9:00am 5:00pm - 7:00pm 5:00pm - 7:00pm 7:00am - 9:00am

Dates and times may change. Contact your local store for more information and to confirm session times.

TOGETHER, WE’RE BUILDING NEW ZEALAND

FEATURE: Employment & Environmental Law

Q&A -

THE LAW AT WORK The following questions have arisen in cases in which e2Law has recently been involved:

Unauthorised Leave Without Pay

Q:

We are currently having a problem with staff taking days off work without any prior authorisation. They seem to think they can take a day off here and there as of right when it suits, and that this is OK as long as it is treated as leave without pay. This really impacts on our business as even though we save on the wage bill, overall we lose productivity when we have employees unexpectedly away.

Do employees have the right to take leave without pay?

A:

No, they do not. Other than the taking of annual leave, sick leave or bereavement leave (all of which must be taken in accordance with the Holidays Act 2003), there is no automatic entitlement for an employee to take any time off work of his or her own accord, even if he or she is not expecting to be paid. It is at the employer’s discretion whether leave without pay is permitted. Often an employer will only give permission in more special or exceptional

cases providing the absence is not going to unduly disrupt the business operation. The only exception to this is that in certain cases of genuine sickness supported by medical certificate, a period of leave without pay is also likely to be acceptable (if an employee’s sick leave has run out).

(The above is by its nature general, and is not intended to be a substitute for legal advice).

INHOUSE | APR/MAY 2013 27

FEATURE: Employment & Environmental Law

Employee Taking Information From Employer

Q:

A:

One of our senior building staff recently resigned and we have found out that he is planning to work for a competitor. We believe that he has taken a copy of our confidential client database from our computer system because he used his security card to come in to our business premises on the weekend. He does not usually work weekends and another employee, who was at work at the same time, has reported that he saw him downloading information from a computer to what looked like his personal USB device.

The other employee then saw our customer database open on the computer. The employee who resigned is currently working through a one month notice period. He has had a lot to do with our customers so we are really concerned about the potential for damage to our business.

What can we do about this?

In this type of situation, there are a number of immediate considerations. First, you need to decide whether you have enough evidence or whether you need to obtain definitive proof as to what was removed from the computer.

If you do need more evidence and you cannot obtain this internally, you may decide that

the potential damage to your business warrants the assistance of a forensic or expert computer technician to examine your computer system. Secondly, you need to decide whether to suspend your employee while you carry out your further investigation, or whether, at least initially, it is better to keep your further enquiries from him. (In very serious cases, an employer may decide to seek a search order from the Court without notice to the employee. However the requirements for obtaining such an order and carrying it out are very onerous. As a result, these are costly and not commonly sought).

The next stage is to decide whether to commence a disciplinary process to deal with the employee’s potential serious misconduct. As part of the process you would seek the return of the information you believe was taken and put him on notice as to you making a claim or potential claim against him for losses/damages arising from his actions. You would also consider whether to terminate employment early or continue suspension until the end of the notice period.

You may also wish to consider whether you have grounds

(The above is by its nature general, and is not intended to be a substitute for legal advice).

28 INHOUSE | APR/MAY 2013

Trudy Marshall and Danny Jacobson Partners at e2Law - Employment & Environment Law phone: 07 928 0529 Trudy and Danny operate our Employment Helpline for CBANZ members.

They have also previously produced a Guide for Employers in the Construction Industry which CBANZ can send out to any members on request.

to make a complaint to the Police. The taking, obtaining or copying of “trade secrets” is a crime under s230 of the Crimes Act. The term “trade secrets” is defined and in certain cases the definition would cover confidential client databases. Any complaint to the Police would be made and dealt with quite separately to the employment processes and may involve search warrants and the like.

These situations are usually complicated and regardless of your concerns for your business, you still have your overriding obligations as an employer to act in good faith and to comply with all other employment requirements.

You should therefore obtain advice from a specialist employment lawyer at the earliest opportunity.

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INHOUSE | APR/MAY 2013 29

ADVERTORIAL: NASH

Steel Framing Performs in Fire In recent months Rohit Pantham from the University of Auckland’s Department of Civil and Environmental Engineering has conducted New Zealand’s first scientific investigation into the performance of light steel framed housing in the event of a fully developed fire. This was performed under the supervision of Dr. Charles Clifton – Associate Professor of Civil Engineering.

Basing the investigation on a fully developed fire that occurred in an Auckland residence, a model was established that took into account all the relevant conditions that existed

O R T IN

IN C U D

G

within the fire. Through comparing the predicted failure times of the wall and ceiling linings and taking into account the combustible material in the room and the boundary conditions (e.g the material/surface of the walls) the model was able to calculate that the fire exceed 900°C in the enclosure of origin and over 600°C in the roof space.

The conclusion of the investigation was that the house performed exceptionally well. Despite being exposed to a fully developed fire, the AXXIS® steel for framing did not collapse in either the walls or ceiling.

This not only prevented the house from collapsing but meant that most of it remained weather tight after the event and restricted the fully developed fire to the enclosure of origin. Even more telling around the performance of this steel framing was the fact that a significant portion could have been cleaned and reused.

This investigation demonstrates that light steel framing will perform in the event of a fire. To read a full copy of this report please visit: http://www.nashnz.org.nz/ publications/Fire_Engineering_ Investigation_2.pdf.pdf

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COMING UP THROUGH THE RANKS

G ra

SUNNY SKIES

Natio eme Wh – Soutnal ITAB Coi te ordinat h Islan or d Email: g r a Phone: eme@ce r tified.c 08 00 o.nz (0800 CERT IFIE D 237 8 4 3 )

Buster Coughtrey Nat ional ITAB Coordinator – Nor th Island Email: buster@certified.co.nz Phone: 0800 CERTIFIED (0800 237 843)

Well, where has the time gone? More to the point where has the rain gone? I’m sure we all would like to see a bit of the wet stuff. With luck by the time you read this hopefully we would have had some rain.

Anyway let’s give you an update on what’s been going on and what’s coming up.

The Business Toolbox Seminars have been going well, with Graeme and myself getting some great feedback up and down the country. The last Business Seminar is being held on the 9th April for the North and South Island. This will give Graeme and myself just enough time to get ready for the Certified Builders Conference in Blenheim on the 17th and 18th May. The next Toolbox Seminars will kick off in June and run right through to the end of July, so keep an eye out for the dates and times. Remember these are put on for you our members, so you can keep up to date with what’s happening in our industry. So by not turning up you are missing out big time and possibly being left behind. So make the effort to come to these Toolbox Seminars.

They are well worth it and are designed to keep you at the forefront of the building industry.

We launch a new service to our members in the current Toolbox Seminar which is generating huge feedback. This service is based on developing, promoting and making available a range of new home plans to our Business members. Many of our members don’t have on hand or access to a range of house plans to offer potential clients. This new tool will help you attract new customers.

In fact I had one member come up to me and tell me that he saw this as

32 INHOUSE | APR/MAY 2013

a life line for his business and signed up on the spot. Another told me that he was looking for something but didn’t know what it was until he saw this presentation. Now he has a new direction which, after the doom and gloom of the recession, has rekindled the spark and a way forward for his business. To find out more about this service go to page 36.

Regional Winners so far – Whangarei, Bay of Plenty and Christchurch

Dargaville Field Days

Bay of Plenty

I attended the Dargaville Field Days to support the President of Certified Builders Whangarei, Howard Harnett and Howard’s committee. This was a great event which raised the profile of Certified Builders in this region.

There was something for everyone - the kids got balloons and sweets, there were free drink bottles, caps, tee shirts, sunblinds for the car and heaps of prizes for all the competitions that were on the go over the three days. All in all, the massive effort paid off as we won the best new exhibitor 2013 and a free site for next year’s field days. Well done lads.

The Bay of Plenty Polytech was the first to hold the first challenge in the country on the 9th March, which saw Ash Olsen as the winner for this region. Ash goes through to the finals in Blenheim on the 17th and 18th May. Well done Ash. A BIG THANK YOU to all who took part and to all the sponsors: DeWalt, ITM, GIB, Marshall Waterproofing and Fetcher Aluminium I would also like to thank Mike Way, President for Western Bay of Plenty Certified Builders and his committee for their time and effort.

Thanks also goes to Brian Dillon and his staff from Bay Of Plenty Polytechnic for holding and helping to run the day. To the judges for giving up their time, many thanks to you all.

Without you we would not be able to hold such an event. I say, bring on the next challenge! So if you’re about and you see the challenge being advertised, get down there and support the lads. Who knows, you might even learn something yourself.

The Apprentice Challenge is under way and I would like to thank Lisa, ITAB’s Administrator in Certified Builders National Support Office, for putting up with me and doing an amazing job of coordinating this year’s Apprentice Challenge.

Without Lisa I would be lost. The work that goes on behind the scenes is massive and I take my hat off to her.

Whangarei The Whangarei Apprentice Challenge was held on Saturday 23rd March with the winner being Brendon Williams.

Congratulations to Brendon who will also be travelling to Blenheim for the finals at Conference.

AST Trust

The AST trust was setup to give assistance to our apprentices who are the future of our industry; the Trust has some hardship grants which are available. If you know of someone who is struggling to pay polytechnic fees or having to travel to polytechnic and having trouble getting there, they can apply for these grants.

At the end of last year the trust had grants for excellence available for the polytechs to give to the top apprentices within their polytechs.

We have the same this year so get your apprentices to have a look at tech or to ask their tutor.

The trust relies on money being raised to keep it going. This is where the regions come into picture and help us to raise funds to keep this great Trust which supports our apprentices now and in the future.

I would like to take this opportunity to thank our supporters and for their commitment in the past and look forward to it continuing.

ncan Roger DuAST Trust Chairman of

To apply for any of the grants please contact Certified Builders Association head office to get the information to do so. Remember that we also have the apprentice challenge going on as well, with the winners from each region coming to conference for the final.

Christchurch Congratulations to Jesse Dhue who won the Christchurch regional Apprentice of the Year and will now go to Bleheim for the finals at Conference. The judging panel of Richard Poff, John McLardie and Graeme White were all impressed with the high calibre of workmanship from all contestants and they would all employ any one of the contestants themselves. It was a long day and a very close competition but Jesse came out the winner. Thank you to CPIT for providing their premises and also thank you to their technician who worked for 2 days setting up and dismantling the venue.

Auckland Unitec held their apprentice challenge on 6 April which was put together by Jo Hede UNITEC Trust with support from the Auckland region of Certified Builders. As always a massive effort goes into putting on these days and I take my hat off to Jo for his passion, enthusiasm and dedication.

There were 8 apprentices that entered into the challenge and I must say what a great bunch of lad’s they were, showing off some of their great skills that they have and all with a smile on their faces. The standard was high across the board and the judges had their work cut out and some tough

For mor photos from thee da see page 13 y CBANZ, Mark Pearson Northtec, Dargaville Field Days left to right: Buster Coughtrey Builtin NZ Ltd, Hayden Taylor CBANZ Mark Dobbs board member Northern Region, Ben Rickard Storey CBANZ member & Northtec. member, Richard Hilton-Jones CBANZ member, Robin

decisions had to be made throughout the day. At the end there were just 2 ½ points between the top three apprentices and just 40 points between first and last; just goes to show how close it was. Well done lad’s you deserve it.

A big thank you to Jo Hede, Dave Whitehead [Board Member Certified Builders and Judge], Grant Boylan [President Certified Builders Auckland] and to the Judges, may I say it was a pleasure to attend.

We also had a visit from David Shearer leader of the Labour Party who spent some time talking with the Apprentices, members of Certified Builders, Judges and myself.

The remaining challenges are: Napier 13 April Nelson 12 April Invercargill 13 April

The winner by 1 ½ points was Vine Collett so we look forward to seeing Vine at the national competition. At the end of the day I had four lads come up to me and told me how much they had enjoyed the day and can they enter next years apprentice challenge. When you have young lads coming up to you saying this you know you have got it right.

Looking forward, the Taupo Home Show is coming up on the 19th, 20th & 21st of April. If you’re around come and say hello to Ian Chamberlain, President of Certified Builders Taupo, his committee and myself. We would love to see and catch up with you.

So from Graeme and myself be good, if you can’t be good be good at it till next time.

Buster Cough

trey

INHOUSE | APR/MAY 2013 33

COMING UP THROUGH THE RANKS

APPRENTICESHIP CHALLENGE Western BOP apprenticeship challenge was held on the 9th March out at the Bay of Plenty Polytechnic.

The three contestants Ash Olsen, Jacob Heath and Kalem Uttinger were given a set of plans and set about building from the plans. It was a technical challenge with many different components to it. They had to build a couple of frames, plumb and straighten them, wrap the frames with building wraps, window wraps, fit a window and flashings, internal flashings, cavity battens, then partially clad the walls and fit scribers to the window. This was a big ask for the seven working hours they had to complete the challenge.

These guys all did incredibly well; we all know it’s not pleasant when someone is watching you work - imagine what it is like when you have three judges watching every move, armed with tape measures, levels, and a critical eye!

Competition was tight and each competitor had different strengths, which made for some tough decision making for the three judges. All these guys are winners, and I’m positive they will have learned some valuable lessons, decision making for themselves, when there is no boss or foreman there to ask the questions and point them in the right direction.

However, the regional winner was Ash Olsen who will be going to the

34 INHOUSE | APR/MAY 2013

Certified Builders Association conference in Blenheim, where he will be challenged against the other regional winners. Congratulations Ash, we wish you well for the finals.

onsite use now needs to be considered. There are other solutions to overcome this as recently delivered

by Certified Builders in our last Tool Box Seminar Series.

A big thank you needs to go to ITABs, the Bay of Plenty Polytechnic, Winstone Wallboards, ITM and DeWalt.

Thank you to Buster and Jason from National Support Office, the staff from the polytechnic and the Judges, Paul and Brian, co judges from the Polytechnic Simon Robinson and Mike Way from the Western Bay Of Plenty Certified Builders Association committee - without their support events like this wouldn’t happen.

As inquisitive as builders are, the question of just what is the loading capacity of a saw stool was often bounced around.

When is a saw stool not a saw stool: The recent Fall from Heights campaign and subsequent inconsistency of regional inspectors raised an interesting debate on the use of saw stools. What is their intended design use as opposed to what they are in fact used for on site?

The message coming from the top was “they are not suitable as a working platform or to support a working platform”.

As an integral part of the builders’ tool kit, a new line of thought with their

Winner – Ash Olsen

Western Bay of Plenty Certified Builders turned to our partners at the Bay of Plenty Polytechnic for some testing. Greg Langford and Paul King from the carpentry team took two standard “off the shelf” saw stools as built by students, these then went to Intalok and the Titanium Research Centre on campus to go under the press. After loading the ram to stop it lifting off the floor the stools resisted a staggering three ton of pressure before showing signs of failure.

This saw stool (pictured below) split in half while the other failed when the screws started to rip through the ply end bracing with secondary failure of the housing of legs into the top 140x45.

Mike Way President Western Bay Of Plenty Certified Builders Association

Williams wins Northland Regional ITAB Challenge Brendon Williams is the Northland Regional NorthTecITAB (Industr y Training Association Building) winner after the eight-hour Carpentry Apprentice Challenge held on Saturday (March 23) at NorthTec’s Future Trades School on Dyer Street, Whangarei.

“Entrants were tested in a variety of fields – forward planning, time management, practical skills, safety procedures, structural compliance with the building code, weather proofing methods and aesthetic sensibilities,” NorthTec Carpentry tutor Mark Pearson said.

“It was a very close competition with high skill levels displayed by the entrants who were under tight time pressures. It was a really tough choice but in the end Brendon was a touch ahead of the others. The whole exercise was also a good chance to network with builders and other apprentices as well as tests their skill levels against those of their peers.”

ITAB development manager Buster Coughtrey, who travelled up from Tauranga to help judge the Challenge said he was impressed with what he saw through the day.

“If it wasn’t the nature of it being a Challenge and being judged in a competition they probably would have been

a lot more advanced in the requirements for the challenge, but no doubt about it, they were all very competent in the work they completed,” Mr Coughtrey said.

The Challenge required building three walls, cladding them with weatherboard and correctly fitting and weather proofing a window.

As the winner, Williams earns an all-expenses paid trip to the Certified Builders conference in Blenheim in May to compete with other regional finalists for the title of National Apprentice of the Year.

All participating contestants, Williams, Mark Gray (Pete Brown Builders); Scott Irving (Pete Brown Builders); and Mike Ferris (Dave Millar Builders) all received generous prize packs from the sponsors, including power tools.

Sponsors for the Challenge were: Subway, PlaceMakers, ITM, DeWalt, and Fletcher Aluminium.

NorthTec is the Tai Tokerau (Northland) region’s es largest provider of tertiary education, with campus and learning centres in Whangarei, Kerikeri, Rawene, Kaikohe and Kaitaia. NorthTec also has over 60 community-based delivery points from Coatesville in rural Rodney to Ngataki in the Far North.

ITAB would like to co congratulate all apprentices on their completion of Apprenticeship Carp Carpentry.

Apprenticeship Carp Carpentry is proudly supported by the Apprentices’ employ employers, Polytechnics and Tut Tutors and ITAB.

ICAT COMPLETION CERTIF

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te of Tech ly technic Institu Hansen, Tony Christchurch Po am Li iel Burton, an D , on rs ilkinson de An k Mar n Booma, Zac W va e ec Re e, or M Kundycki, Kiau IT) of Technology (E Eastern Institute ristopher Sanson Ch Ashley Lambert, gy (NMIT) itute of Technolo st In gh ou or lb “ e Gillespie, Nelson Mar el Cochrane, Bruc ha ic M , ge rid sb Tobie Bu Joe Stef fert Carey McArthur, re Trades Northtec - Futu ece Munro Nathaniel Blair, Re aland (FTB) UNITEC New Ze aun Pearce Jamie Naylor, Sh p, m ka om Bl on m Si L) of Learning (UCO Universal College ua Rielly sh Shane Hulena, Jo

First Name Last Name DOB: Student ID: Course Start: Course End: SC#:

29.06.81 02145 01.12.2012 01.12.2013 254789563

ITAB Student Card N available to all Now ITAB Apprentices a no cost. at

Mak you activeatsue re your st uden there art ecasordm-e great benefit s to be had.

INHOUSE | APR/MAY 2013 35 INHOU

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3. General Business Accounting or Tax STEVE BROCKLEBANK For general business, accounting or tax issues you can contact Steve Brocklebank of PricewaterhouseCoopers. You must identify yourself as a CBANZ member and any information you disclose will be treated with confidence. Call Steve Ph: 03 470 3615

4. Insurance JIM RICKARD Insurance issues?

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INHOUSE | APR/MAY 2013 37

BUILDERS CRACK-UP BU

BUILDERS CRACK-UP pt ieotni t ion!

Cam co p caption to

Email yourbe in to win...

Millie and fied.co.nz millie@certi

Welcome to the Builders Crack-up. For future issues we want to include content from our members. Content such as, shot of the week, caption competition, weird or crazy industry related images from around the web or from your shed - anything for a bit of humour. So get snapping and get published in our next issue. Please send your content to millie@certified.co.nz

38 INHOUSE | APR/MAY 2013

Chairman Dave

Brown and Warw

ick Leigh-Jame

s

MEMBERSHIP

MEMBERSHIP BENEFITS As a member of Certified Builders you are entitled to a number of great benefits.

The Caltex StarCard® is an excellent way to efficiently manage your fuel expenses and reduce your running around costs. t: 0800 733 835 For all the info you need and a fantastic online shop check out the members section of the Certified Builders website. Simply login with your details and start exploring everything Certified Builders can offer you and your business. www.certified.co.nz

Special members price for AA membership. AA Business Care – Passenger Standard $43.00 per vehicle per year.

Normally costs $67.00.

Vodafone Contact Alex Marshall on 0800 422 202 for some great business smart plans with up to one month free on signup!

Noel Leeming discounted member prices exclusive to Certified Builders.

Get 10% discount on all products at Beaurepairs & Goodyear Auto Service Centres.

Need some of the world’s most durable outdoor clothing for doing the stuff you enjoy? Hunting, fishing, building or sports? Grab your Swazi gears at trade price! Join Clan Swazi as a CBANZ member today and you will be able to purchase Swazi Clothing at special CBANZ prices! www.swazi.co.nz/Prodeal/CBANZ/

Harvey Norman Commercial discounted member prices exclusive to Certified Builders.

Get great rates on Avis Rental Cars, book online under the members section.

We have partnered with Fisher & Paykel to bring you discounted prices exclusive and confidential to members. Take advantage of these special prices and pass on the discounts to your clients to sweeten the deal.

Check out the Certified Builders website for the latest monthly price list.

Secure information from your mobile direct to your online diary with LocknLoad. Onsite job management tool, proof of work completed, photo diary notes, create job files.

Want to become a CB member?

Check out our website for all the details www.certified.co.nz

INHOUSE | APR/MAY 2013 39

MEMBERSHIP

CBA Insurances Limited & Homefirst 10 Year Builders Guarantee. Access to the resources of CBA Insurances Limited your Insurance Brokers, and to the Homefirst 10 Year Builders Guarantee.

TOOL SEMINAR BOX SERIES Regional Trade Training and Toolbox Seminars Regular Trade Training and Toolbox Seminars in your region which are provided to both up skill your knowledge as well as teach good business practice. LBP Skills Maintenance Points are awarded for attendance.

INHOUSE Magazine The official Magazine of Certified Builders - comes to your letterbox bi-monthly bringing you up to date with issues that affect members and happenings within the Association and the Industry.

Licensed Building Practitioner We help you get licensed! We have created a streamlined process for our members to make it quicker and easier for you. We also have LBP stickers available for purchase.

There is a selection of vehicle size and stationary stamp size decals.

Certified Builders liaise with Council and DBH giving guidance on compliance. We have also created a great tool for builder’s onsite – a detailed Licensing Handbook which is a paint by numbers approach with all things licensing on site, so you can get on with the next job and not waste time chasing compliance documents.

Clothing As a member you can purchase a range of clothing which comes with the Certified Builders logo embroidered or screenprinted. T-Shirts, polo shirts, vests, jackets, overalls, hoodies, beanies, and sun hats all available for purchase! Why not get your company logo on your clothing too!? Millie T can organise this all for you! View our online shop under the members section of the website.

NZS3604:2011 Get the members rate for the new version of the NZS3604:2011, E2 Moisture Manual 2011, NZS Onsite Handbook or any other Acceptable Solution.

40 INHOUSE | APR/MAY 2013

Stationery A range of stationery available including: Presentation folders, letterhead, self-adhesive logo stickers, electronic Certified Builders logo’s, invoice books, variation books, subcontractor forms, site signage and much more.

View our online shop under the members section of the website.

Websites & Online Advertising It is VITAL to have an online presence in this day and age and CBANZ offers our members 2 different website solutions. The first option is an enhancement of your information that sits on the Certified Builders website (under Locate a Builder) which we call a Display Page (setup for $390 + GST). We list ALL of our members details to be found by consumers looking for builders (over 3,000 people per month) – here you can enhance the information by including your logo, images of past projects and even yourself and your team as well as text to build trust and interest with the consumer.

You can also link directly from your Display Page to your Website (if you have one?) and if you don’t have one CBANZ can build you a 4 page website for just $695 + GST.

MESSAGE FROM THE CHIEF

LEGISLATION CHANGES AFOOT

Grant Florence - Chief Executive

I have highlighted in past editions of InHouse of the impending changes to the Building Amendment Bill #4. This new legislation continues to work its way through Parliament. When passed this will have a significant impact on how we go about our business. This will include the need for us to make certain disclosures about our business to home owners, the mandatory requirement of using a contract – over a certain dollar figure and a standard warranty period for all work – currently set at 12 months in the Bill.

I urge you to keep your eye out for these changes. We will be providing regular updates to members of progress and also will be looking to provide some information and tools that will help in meeting these new legal requirements.

The majority of Insurance Companies in New Zealand are looking to change the way that insurance cover for homes is specified in policies. This is a shift away from the traditional method of using the ‘unspecified replacement cost’ to being insured for a ‘maximum specified amount’. This will require all home owners to specify the amount they wish to insure their home for.

Insurance companies are providing on line calculators to assist homeowners in arriving at this amount, but they are also suggesting that homeowners work with Builders, Valuers or other

parties to help them arrive at a realistic insured amount.

This is where this affects our members.

No doubt we will get approached from homeowners asking for help in determining the realistic value of their home either by completing an informal or formal report.

A word of warning!

There may be potential liability to you the builder in providing this information. In the situation where a homeowner may rely on your advice then subsequently finds that the advice you have given is wrong leaving them out of pocket if they make a claim. The homeowner may well seek redress from you.

In addition our advice to date has been that your Public Liability and/or Errors and Omission Insurance policy

may well not cover you for this risk.

I firmly suggest that you seek advice from your insurer on this before entering into this type of work or providing this advice.

I am delighted to see the first of our Centrespread sections in this edition.

Many thanks to Boyd Senior and the team at Senior Construction for submitting the information on the work they do for the Barkers Stores.

I look forward to receiving more material for this section and don’t forget this is not necessarily about the most expensive property but it could include a job that includes such things as - a difficult site, very complicated design or unique use of materials etc.

See you at our Conference in Blenheim in May. Registrations are now open.

We have an outstanding line up of activities and educational workshops.

INHOUSE | APR/MAY 2013 41

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