Building in Maryland and Washington DC by Kelly Grudziecki

EXCLUSIVE MAGAZINE OF THE MARYLAND-NATIONAL CAPITAL BUILDING INDUSTRY ASSOCIATION

SEPTEMBER/OCTOBER 2009

BUILDING IN MARYLAND AND WASHINGTON, DC

The

True Cost of Housing ALSO IN THIS ISSUE:

PROs Awards

Golf Tournament

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BUILDING IN MARYLAND AND WASHINGTON, DC

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Maryland-National Capital Building Industry Association 1738 Elton Road, Suite 200 Silver Spring, MD 20903 Phone (301) 445-5400 Fax (301) 445-5499 E-mail: communications@mncbia.org Website: www.mncbia.org Executive Committee THOMAS M. FARASY President JAMES KETTLER Vice President/ Calvert Co. DOUG MEEKER Vice President/ Charles Co. FRANK BOSSONG, IV, P.E. Vice President/ Montgomery Co. MARTY MITCHELL Vice President/ Prince George’s Co. EDWARD “GUY” CURLEY Vice President/ St. Mary’s Co.

BRIAN “A.J.” JACKSON Vice President/ Washington DC ROBERT A. JACOBS Associate Vice President STEVE NARDELLA Treasurer CHAS STUART JR. Secretary WILLIAM M. SHIPP Life Director RICHARD A. SULLIVAN JR. Immediate Past President STEPHEN P. ELMENDORF Legal Counsel DIANE K. SWENSON, CAE Executive Vice President

SEPTEMBER/OCTOBER 2009

BUILDING IN MARYLAND AND WASHINGTON, DC Representing Calvert, Charles, Montgomery, Prince George’s and St Mary’s counties in Maryland and Washington, DC

FEATURES

Board of Directors Bill Bilo Hillary Colt Cahan Mike Conley Tony Crane Timothy Dugan Robert Harris Howard Katz Gary Kret Andrea Leahy-Fucheck David Lunden Steve Nardella David O’Bryan Stephen Paul

Nanci Porten Steve Proctor Marc Rose Andy Rosenthal Gary Rubino Ted Smart Ray Sobrino Stephen Spano Clark Wagner Peggy White Bryan Whittington Carter Willson

Published by:

Naylor, LLC 5950 N.W. 1st Place Gainesville, FL 32607 800 369-6220 352 332-1252 Fax: 352 332-3331 Website: www.naylor.com

PROs Awards It Takes a Village to Build a House

Annual Golf Tournament BIA Members Swing into Summer

Ready, Set, Peel….and Talk! County Commissioners Attend Shrimp Feast

7 15 16

MNCBIA Staff

Publisher: Christopher Hodges Editor: Catherine Jones Project Manager: Jason Dolder Publication Director: Jason Ruppert Advertising Sales: Denise Creegan Marketing: Heather Zimmerman Layout and Design: Deb Churchill Basso Advertising Art: Gregg Paris

The True Cost of Housing What Homebuilders Really Spend

DEPARTMENTS

Executive Vice President - Diane K. Swenson, CAE Communications Manager - Kelly H. Grudziecki Financial Services Manager - Linda Groft Director of Government Affairs - F. Hamer Campbell, Jr. Associate Director/Legislative Affairs Raquel Montenegro Associate Director/Regulatory Affairs Annette T. Rosenblum Membership Coordinator - Debi Turpin Member Services Coordinator - Samantha Ager Program Manager - Builders Development Guaranty Group Debi Turpin Program Manager - Home Builders Care Foundation Patricia B. Kane

Published for: Maryland-National Capital Building Industry Association 1738 Elton Road, Suite 200 Silver Spring, Maryland 20903 301 445-5400 Fax: 301 445-5499 E-mail: building@mncbia.org Website: www.mncbia.org

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A Message from the President of MNCBIA The Legal Pad The Engineer’s Angle MNCBIA Membership News 16 New Members 17 Members in the News 18 BIA’s “Most Wanted” List 18 Stars Club Index of Advertisers Advertiser.com

PUBLISHED August 2009 /MNC-S0509/8885

BUILDING IN MARYLAND AND WASHINGTON, DC

SEPTEMBER/OCTOBER 2009

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FROM THE PRESIDENT

What’s the Issue? Name It, We’ve Got It

Thomas M. Farasy

reetings to all! We are deep into advocacy battles and leaping over the many hurdles thrown in our way. It is difficult to select the most important issue. They all are important especially if, a) you have to write a check, b) you have to adjust your budget and as a result do not make a profit or your loss is bigger, or c) your project is delayed. One issue that is looming large is the recently adopted State MDE Stormwater Regulations. Maryland included a very limited grandfathering provision, and further, compounded these unprecedented regulations without including any helpful guidance to the counties on the adoption provisions. The counties and other jurisdictions are now charged with developing their implementation regulations, and most counties are going further by limiting the grandfathering even more! The bottom line is that these regulations will impact your project costs and will affect your already approved density. MNCBIA is pushing at the state and local levels to maintain the grandfathering included in the state law, and we are urging our county governments not to limit the grandfathering further and knock out more projects that are in the approval pipeline requiring them to be revised under the new, more costly regulations. Adding to our difficulties, Montgomery County initiated a seven percent increase in impact taxes effective July 1. The percentage amount was based on Engineering News Record for Baltimore. This tax hike contradicts the County Executive’s statement at MNCBIA’s Montgomery County Liaison Breakfast that there should be no fee increases for the next 24 months. The use of this particular index is suspect, since the cost of building homes in Baltimore has many core differences with the cost of homebuilding in Montgomery County. There is a cost issue in the County and the County has an affordability issue. This tax increase adds to these issues. What we need is a message top/ down from the Montgomery County Leadership that the county is about jobs, about stimulus, and about making Montgomery County competitive with the other jurisdictions! We need a commitment to change – both in the development of short term and long term policies. The County has yet to make the adjustment(s) necessary for our new and different economy.

A distressing issue in Prince George’s County is that it continues to lead the metro area in the number of months-supply of homes inventory. Until this and the foreclosure/short sale inventory are drastically reduced, price stability and new home sales will suffer. The County has recently implemented a down payment assistance program, which should help re-sales, but more needs to be done! The MNCBIA has been lobbying at the state level with the Department of Housing and Community Development to enhance its program for down payment assistance and direct it toward communities like Prince George’s County that have excessive months-supply homes inventory levels. While there are signs of recovery—and most leaders that I encounter want to embrace the thinking that we are in recovery—the rest of us know this is not the case. We are not selling homes for a proﬁt yet, the values of our lots and holdings are under water, banks are not lending to us, we are not re-hiring staff, and the sting of this sluggish economy will continue to burn throughout this year and into the next. With that in mind we continue the good ﬁght. For example: • The state of Maryland needs to supplement the Federal Tax Credit to stimulate new home sales. The number of states adopting a policy that supplements the federal tax credit is growing; Virginia recently joined up. Results are coming in from the states that have enacted such assistance and are showing that their housing markets are rebounding. California recently found that in return for the $10,000 per unit they invested they received $19,000 in return! What if homebuilding businesses throughout our jurisdictions could do this well in our investments? We will continue to press Maryland to step up and join other states in putting programs in place that recognize that Maryland’s economy will not recover without the recovery of the housing market. • We need to establish dialogue forums in the counties in which we do business. We need constituents from the political, social and home building sectors, private employers, commercial developers, realtors, lenders, construction companies, etc. to come

BUILDING IN MARYLAND AND WASHINGTON, DC

SEPTEMBER/OCTOBER 2009

WE LOOK BEFORE YOU LEAP

together to discuss the state of affairs in each jurisdiction, current experiences, issues facing the whole community and what should be done to make things better. We need to look at what will make our jurisdictions more competitive. It is a time for dialogue, communication and understanding. Advocacy is our core mission. MNCBIAâ&#x20AC;&#x2122;s hard working staff and army of member volunteers bring their expertise and business acumen to bear on the obstacles that have been laid in our path. Hard work, creative thinking and always pushing forward underscore the character of our industry. We want to hear what you think should be included on our agenda. With the support from our members we can change things and accomplish much. Thank you for all that you do.

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BUILDING IN MARYLAND AND WASHINGTON, DCAM 3/16/09 11:32:54

The MNCBIA lost a leader and friend on July 28, when Bob Larkin (51) passed away suddenly from a head injury due to a fall. This was a double loss for the BIA, as Bob was not only a board member and our treasurer, but was also the loving husband of staff member, Raquel Montenegro. Their son Ian is 14. Bob was an active and well-liked member of the BIA. During his eight years on the board, Bob served as co-chair of the Membership Committee and of the PROS Awards, and vice president for DC and had just earned life director status. However, it was as treasurer where he earned the Presidentâ&#x20AC;&#x2122;s Award for outstanding service. He will be deeply missed. A scholarship has been established for his son, Ian. Those interested in contributing can email Diane Swenson at dswenson@mncbia.org.

The True Cost of

Building Homes By Michael Fickes

ational homebuilder KB Home, reported a $78.4 million loss for the second quarter, much improved from its $255.9 million loss in the second quarter of 2008, but still a heavy loss. Other builders, including MarylandNational Capital region homebuilders, are seeing similar results. “In most cases today, there are no profits,” says Marty Mitchell, vice CEO of Mitchell and Best Homebuilders, a single-family homebuilder based in Rockville. “Companies are trying to pay overhead, keep people employed and survive, while finding and acquiring properties at a lower basis on which they can rebuild their businesses.” “Profit? What’s that,” chuckles Stephen Paul, executive vice president with Rockvillebased Mid-Atlantic Builders, Inc. “Builders were making good profits between 2003 and 2006. In 2007, profits began to erode, and by 2008, most homebuilders were probably losing money.” Recently Liberty Home Builder in Great Mills has been selling homes for about the cost of development, construction, sales commission, closing and interest costs. “This seems

like the early 1990s when we built a lot of houses for practice,” says Liberty President Guy Curley. It does seem a lot like the 1990s, with deep residential and commercial real estate recessions. But this is different. Across the country, credit remains exceptionally tight. That’s unusual deep into a recession. In dense east and west coast areas like the MarylandNational Capital region, building costs are not declining as expected in a recession. Instead they are rising. The upshot is that builders are facing the possibility of a cost model, under which houses will cost more to build than homebuyers are willing to pay. All of this is driving the residential real estate and home building industry to change direction and boost urban redevelopment housing, transit oriented housing and smaller empty nester and starter homes.

What Happened To Proﬁts? Recessions reduce pricing power throughout the economy, sales gross domestic product

falls, companies lay people off, consumer spending declines and families can no longer afford to buy houses. As the general economy descends to the bottom, product inventories as well as housing inventories tailor themselves to existing spending power and people begin to buy again. Housing sales, which typically decline, eventually heat up again. Prices, however, remain pretty much what they were. A recovery ensues and housing proﬁts, which had declined, move back up. Today feels different. Housing prices have plummeted by 10 percent to 30 percent or more depending upon the market. “No one foresaw the depth of this downturn,” Mitchell says. “In 2005 and 2006, U.S. homebuilders were doing 2.2 million new homes per year. We all knew that was unsustainable, but we thought we would be okay when the cycle changed if the market didn’t drop below 1.5 million units. “In the early 1990s, we went down close to 1 million units, and that was painful. Today, we’re well below that. Detached single-family homes are down to 400,000 units. Add in multifamily, and we might get to 600,000 units.”

BUILDING IN MARYLAND AND WASHINGTON, DC

SEPTEMBER/OCTOBER 2009

Tight credit has characterized this recession. As in most downturns, the Federal Reserve Bank slashed interest rates in an attempt to stimulate lending, driving bank borrowing costs effectively down to zero. Persistent Tight Credit Tight credit has characterized this recession. As in most downturns, the Federal Reserve Bank slashed interest rates in an attempt to stimulate lending, driving bank borrowing costs effectively down to zero. But credit remains unusually tight for two reasons. First, banks made so many bad investments that they depleted their capital reserves and haven’t been able to lend, despite their Fed-generated low-interest borrowing costs. Second, institutional lending through devices such as commercial mortgage backed securities has dried up. Few lenders are in the market. “The health of our company and all homebuilding companies is directly related to extending and expanding existing ADC (acquisition, development and construction) loans,” says Curley. “There are few or no ADC loans to be found in Southern Maryland, today.” An area bank reports receiving a succession of calls from six Maryland-National Capital region builders, each asking to reﬁnance existing loans from other banks — the other banks had called the loans. In two cases, the bank negotiated a discounted price for the original note. But in the weeks leading up to closing, the value of both builders’ properties declined below the prices on the notes, squelching the deals. Reports of all kinds of ﬁnancing problems are ricocheting across the Maryland-National Capital region.

Meanwhile Costs Continue To Rise In a conventional recession, declining business activity creates incentives for suppliers to reduce prices to levels that will re-ignite demand. “Today, it’s different,” says Mid-Atlantic’s Paul. “China’s economy is still growing at 6 percent to 8 percent and demanding sheet metal, steel, drywall, copper, concrete and other building materials. And the cost of building materials has continued to rise throughout the recession. This has never happened before.”

SEPTEMBER/OCTOBER 2009

Other material prices are rising because of their components. Asphalt, for instance, costs more because crude oil, a key component, costs more. New costs are appearing. “Last year, our county [St. Mary’s] enacted rules requiring sprinkler systems for new single family homes,” Curley says. “That’s probably $2 to $3 per sq. ft, in new costs — about $7,000 for a 3,300 sq. ft. house.” These and other costs are changing homebuilding economics.

Home Builders (NAHB) in a 2007 study of average development and home construction costs in the United States. That survey listed infrastructure impact costs as averaging $3,175 per unit. According to Paul, some suppliers have begun negotiating lower prices. Granite countertops, for instance, have come down. Other builders, continues Paul, have cut their speciﬁcations by cutting prices for faucets, cabinets and other materials. But that isn’t the rule. Overall, the cost of building houses in the region is rising.

Government Imposed Costs In some parts of the country, state and local governments are helping homebuilders weather the downturn. On the east and west coasts, however, environmental concerns, suburban sprawl and transportation congestion have motivated governments to respond differently. Take storm water management. The state of Maryland now requires builders to follow low impact development (LID) and environmental site design (ESD) principles. That means maintaining steep slopes, leaving trees alone, minimizing grading and reducing structural storm water management ponds. “These principles don’t work everywhere — especially in storm water management,” Mitchell says. “Sometimes the soil won’t allow infiltration or if the water tables are too high, but the state requires pursuing storm water management practices to the maximum extent practical.” The state used to require builders to go to the maximum extent feasible, which enabled builders to go no further than a reasonable cost-benefit analysis would allow. “Now there is no cost benefit analysis,” Mitchell says. “Whatever the costs are, you pay them.” Then there are impact fees for schools, roads and infrastructure. “In Montgomery County, impact fees could be as high as $50,000 per house,” Paul says. “In Prince George’s County, the school impact fee was $14,019 per house at the end of June 2009.” That contrasts with the average impact fees found by the National Association of

BUILDING IN MARYLAND AND WASHINGTON, DC

Turning Upside Down The great fear in the Maryland-National Capital home building market is that builders may begin turning upside down — ﬁnding that the cost to develop raw land is more than a buyer will pay for the raw land component of a new home. For builders like Liberty’s Curley, that terrifying problem isn’t far away. “We’re selling houses for about what it costs to build them right now,” he says. “The real problem is the dramatic hike in development costs during the last ﬁve to 10 years,” Mitchell says. “As these costs continue to rise, they are squeezing out the raw lot cost. Suppose development costs go to $115,000, compared to the $65,969 listed in the NAHB 2007 survey?” Should the cost of development turn upside down, and many builders recognize this as a risk they are facing, the region’s homebuilding model will stop working. In fact, rising homebuilding costs may soon begin to drive the region’s homebuilding industry in different directions. For years, the industry has by and large focused on developing new houses in outer rings. But impact fees and other government imposed costs combined with rising material costs could eventually reduce the emphasis on the outer ring and move builders into transit oriented projects, multifamily condominiums, smaller neo-traditional housing and generally closer-in urban redevelopment.

In fact, it is already working that way. While new home sales are actually moving in a good direction — nationally, new home sales rose 11 percent in May — prices have come down so far in the outer ring that builders are looking for alternatives.

According to Paul, Mid-Atlantic is building close-in villas for empty nesters and is looking into close-in neo-traditional townhouses. Curley moved Liberty Home Builder into multifamily condominium developments 10 years ago.

“We have always done a lot of townhouses, and we’re going to expand that business,” Mitchell says. “We’ve been doing more neotraditional developments too. And we’re going to get into multifamily. We have to. It’s going to be a new era for homebuilders.”

MNCBIA Membership What Has MNCBIA Done Lately? • MNCBIA’s Codes and Standards Committee worked with the Green Building Committee to prepare testimony on the city of Rockville code update and green building regulations and gave testimony at the July public hearing. • MNCBIA’s Multifamily Housing Council sponsored a site visit of Donatelli Development’s Highland Park at Columbia Heights Metro in Washington, DC. • MNCBIA’s Education Committee held a seminar on the NAHB Green Building Standard, giving members the tools they need to build green.

• MNCBIA brought together BIA members and County Commissioners for an evening of networking and information sharing at the annual Crab Feast in Leonardtown, MD. • The Home Builders Care Foundation earned the industry an esteemed honor and public recognition of its community service efforts when the Montgomery County Men’s Emergency Shelter was ofﬁcially renamed the Home Builders Care Assessment Center. MNCBIA representatives helped celebrate the grand opening with the Montgomery County Executive and other government ofﬁcials in June.

2009 Multifamily Trends Conference sponsored by MNCBIA & NVBIA

Wednesday, November 18, 2009 8:30am-Noon (7:30am Registration, Continental Breakfast & Networking)

Crowne Plaza Hotel, 1960 Chain Bridge Rd. Tysons Corner, Virginia Economic Trends Anirban Basu, Chairman/CEO, Sage Policy Group Apartment Market Trends Julie Smith, President, Bozzuto Management Co. Condo Market Trends Pam Meding, President, SalesMark

CEO Roundtable Moderator, Chuck Covell, Covell Communities Jon Cox Sr. Vice President of Development, Avalon Bay Chris Donatelli President, Donatelli Development Mary Ann Henderson Dir., Baltimore Multifamily Hub, HUD Jeff Hettleman Exec. Vice President, Shelter Development Bob Kettler Founder, Chairman & CEO, Kettler Inc.

To register go to www.mncbia.org > Calendar > November 18. Questions? Call Diane Swenson at 301-445-5401 or email dswenson@mncbia.org

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The PROs Awards It Takes a Village to Build a House A

crowd of nearly 300 builders, developers, trade contractors and ﬁeld/service employees gathered at Smokey Glen Farm in Gaithersburg, MD, on June 2 for the 9th annual PROS Awards to honor those men and women who excel at their craft and set the standard for excellence in the building/remodeling industry. This year’s theme was “Back to Basics” and guests were quick to get into the spirit by trying their hand at “classic” games like horseshoes, miniature golf, volleyball and basketball. Besides fun and games, the PROs Awards offered a perfect chance to mix, mingle and network with colleagues and friends as well as enjoy some of the best BBQ chicken, ribs and chili in town. The awards are sponsored by the MarylandNational Capital Building Industry Association and the Northern Virginia Building Industry

Association, who, for the past nine years have recognized and honored the best “workers in the ﬁeld” who develop the land, construct the houses and work with the customer to produce awardwinning homes. Nominees for the 9th annual PROS Awards were submitted by their employers and interviewed by teams of judges, including Mike Anderson, Miller and Smith Homes, Lisa Conyer, Winchester Homes, Howard Katz, Michael Harris Homes, Sal Miglioire, Augustine Homes, Brian Phebus, Winchester Homes, and Mike Schueler, Winchester Homes, who contributed many, many hours to the adjudicating process. Special thanks to the PROS Committee, Co-Chair, Mike Schueler, Winchester Homes and Co-Chair, Mike Anderson, Miller and Smith Homes, along with Michael Bell, the bell company, Lisa Conyer, Winchester Homes,

Howard Katz, Michael Harris Homes, Sal Miglioire, Augustine Homes, David O’Bryan, Charles P. Johnson & Associates, Brian Phebus, Winchester Homes Inc., Mark Sucher, Lyons & Sucher Advertising. And of course this event would not have been possible without the generous contributions of our sponsors and donors, of which a complete list can be found at www.mncbia.org > “Industry Awards” > “The PROs Awards.” A special thank you to Lyons & Sucher Advertising for all of their in-kind services, including the print materials and Website design, and to Don Thurman, Michael Flowers and Lisa Conyer from Winchester Homes for designing and constructing the fabulous PROS set. Be sure to check out all the photos from the PROs Awards at our photographer’s Website, www.amberleafarm.com.

Congratulations to the following individuals who achieved the PROs Award for 2009. CATEGORY: BEST PURCHASING AGENT/ MANAGER

CATEGORY: BEST PRODUCTION MANAGER Production Manager 61 – 120 Units/Single Family Homes Winner Marco Scarzella, Centex Homes Production Manager 61 – 120 Units/ Townhomes Winner Bill Alderson, Bozzuto Homes, Inc. Production Manager 61 – 120 Units/ Multifamily Winner John Heagy, Bozzuto Construction Company Production Manager 121+ Units/Single Family Homes Winner Rick Pollick, Centex Homes Production Manager 121+ Units/ Multifamily Winner Mark Weisner, Bozzuto Construction Company

SEPTEMBER/OCTOBER 2009

Purchasing 21 – 100 Units Winner Scott Kerns, Augustine Homes Purchasing 101 – 300 Units Winner Doug Grifﬁth, Winchester Homes Purchasing 101 – 300 Units Award of Merit Herbert Facchina, Centex Homes Purchasing Over 300 Units Winner Jim Melsop, Centex Homes Purchasing Over 300 Units Award of Merit Amirali Nasserian, Trammell Crow Residential

CATEGORY: BEST LAND DEVELOPMENT SUPERINTENDENT Land Development Superintendent 1 – 20 Units Winner Stanley Walker, Augustine Homes Land Development Superintendent 101 – 300 Units Winner Andy Swinsky, Winchester Homes

CATEGORY: BEST CUSTOMER SERVICE REPRESENTATIVE/OFFICE Customer Service Ofﬁce 121+ Units Winner Karen Disbrow, Centex Homes

BUILDING IN MARYLAND AND WASHINGTON, DC

CATEGORY: BEST PROJECT MANAGER/ SUPERINTENDENT Project Manager/Superintendent 1 – 5 Units/ Single Family Homes Winner Don Thurman, Winchester Homes Project Manager/Superintendent 1 – 5 Units/ Single Family Homes Award of Merit Daniel Hoke, Bowa Builders, Inc. Project Manager/Superintendent 6-20 Units/ Single Family Homes Winner Ari Fingeroth, Federalist Builders, LLC Project Manager/Superintendent 6-20 Units/ Single Family Homes Award of Merit Mark Woods-Hulse, Winchester Homes Project Manager/Superintendent 6-20 Units/ Townhomes Winner Bill Kvetkas, Winchester Homes Project Manager/Superintendent 21-40 Units/ Single Family Homes Winner Miguel Solares, Winchester Homes

Project Manager/Superintendent 21-40 Units/ Single Family Homes Award of Merit Brock Hermenson, Centex Homes Project Manager/Superintendent 21-40 Units/ Townhomes Winner Brandon Curtis, Winchester Homes Project Manager/Superintendent 21-40 Units/ Townhomes Award of Merit Greg Somerville, Bozzuto Homes, Inc. Project Manager/Superintendent 21-40 Units/ Multifamily Winner Bobby George, Miller and Smith Homes Project Manager/Superintendent 41-60 Units/ Single Family Homes Winner Jerry Cramer, Centex Homes Project Manager/Superintendent 41-60 Units/ Single Family Homes Award of Merit Andrew Kelly, Centex Homes Project Manager/Superintendent 41-60 Units/ Townhomes Winner Bernie Williams, Miller and Smith Homes

Project Manager/Superintendent 41-60 Units/ Multifamily Winner Matt Axline, Centex Homes Project Manager/Superintendent 61-120 Units/ Multifamily Winner Blake Hilton, Centex Homes Project Manager/Superintendent 61-120 Units/ Multifamily Award of Merit Scott Steben, Centex Homes Project Manager/Superintendent 121 + Units/ Multifamily Winner Steve Kelban, Bozzuto Construction Company Project Manager/Superintendent 121 + Units/ Multifamily Award of Merit James Bonebrake, Centex Homes

CATEGORY: BEST OFFICE PROFESSIONAL

CATEGORY: BEST FIELD TECHNICIAN/ CUSTOMER SERVICE OR CONSTRUCTION

Accounts Payable Winner Jill Orendorff, Bozzuto Construction Company

Field Technician Construction 1 – 5 Units/ Single Family Homes Winner Abidan Munoz, Bowa Builders, Inc

Human Resources Winner Jennifer Taylor, Trammell Crow Residential

Field Technician Construction 21 – 40 Units/ Single Family Homes Winner Mike Flowers, Winchester Homes

Permits Coordinator Winner Laura Thomasson, Miller and Smith Homes

Field Technician Customer Service 121+ Units/Single Family Homes Winner Rodrigo Cruz, Winchester Homes

Settlement Coordinator Winner Deborah Mott, Winchester Homes Settlement Coordinator Award of Merit Marsha Miller, Centex Homes

Field Technician Customer Service 121+ Units/Multifamily Winner Philip Launay, Bozzuto Homes

Administrative Assistant Winner Margo Boone, Winchester Homes Administrative Assistant Award of Merit Keisha Brown, Bozzuto Homes, Inc.

CATEGORY: BEST CUSTOMER SERVICE MANAGER/FIELD Customer Service Field 6-20 Units/Single Family Homes Winner Charles “CJ” Seiznik, Bowa Builders, Inc. Customer Service Field 41-60 Units/Single Family Homes Winner Kevin Baer, Centex Homes Customer Service Field 61-120 Units/Single Family Homes Winner Greg Schutrum, Centex Homes Customer Service Field 61-120 Units/Multifamily Winner Liisa Hitchcock, Centex Homes

Customer Service Field 121 + Units/Single Family Homes Winner Dwayne Waters, Centex Homes Customer Service Field 121 + Units/Townhomes Winner Gary Phelps, Winchester Homes Customer Service Field 121 + Units/Multifamily Winner Ian Payne, Bozzuto Homes

BUILDING IN MARYLAND AND WASHINGTON, DC

SEPTEMBER/OCTOBER 2009

Swinging into Summer M

NCBIA took over Manor Country Club in Rockville on June 15 as golfers came out to show off their swing on the 18-hole championship golf course. A slightly smaller crowd and earlier start time this year got golfers off the course by 2:00 for a summer BBQ and open bar on the club’s patio. Prizes were awarded to the top scoring teams and players with the best shots. Taking ﬁrst place in the tournament, with a score of 58, was the foursome of Steve Lagara and Tim Whittier of National City Mortgage with Ryan Angier and Dave Latimer of Wells Fargo Home Mortgage. Coming in a close second, with a score of 59, was the team of Mike Steverson of Falcon HVAC and Jay DeVan, Bruce Menditeh and Bruce Walter of DeVan & Lowrey, PA. Closest to the pin contest winners were, Mike Steverson, Falcon HVAC at hole #3 (3'4"), Bill Wilkinson at hole #5 (7'1"), Bruce Walter at hole #8 (4'8") and Noble Atkins at hole #17 (2'4"). A big thank you to the Golf Committee for organizing such a great event. The committee includes, Chairman, Dana Heidemann, GE Appliances, Brooke Burns, Hanley Wood Market Intelligence, John

Nunes, Fireside Hearth & Home, Mike Petrillo, GE Appliances, Brian Phebus, Winchester Homes Inc., Mike Rawlett, Fireside Hearth & Home, Todd Schermerhorn, Winchester Homes Inc., John Washington, Sears Commercial Sales, Melvin Willis, Burgess & Niple, Inc. The event would not be successful without our loyal sponsors. Your continued support makes this a truly great affair. MNCBIA gives its sincere thanks to the following sponsors: Golf Holes & Tee sponsors were Ballard Spahr Andrews & Ingersoll LLP, Charles P. Johnson Associates, DGG-MC, Hanley Wood Market Intelligence, Linowes & Blocher LLP, PEPCO, Pleasants Development, Duron Paints, GE Appliances, BB&T, Fire Tech Fire Sprinkler Systems, Georgetown Insurance, Gutschick Little and Weber, PC, Mitchell & Best Homebuilders, Model Home Interiors, Rodgers Consulting, The Pettit Companies, Macris Hendricks & Glascock and Washington Gas. The Gift Bag Giveaways were sponsored by Model Home Interiors and Village Settlements. Passing out cigars was again Davidus Cigars. And sponsoring the delicious 19th Hole BBQ Buffet was Acacia Federal Savings Bank.

Summer Shrimp Feast M

embers of the Maryland-National Capital Building Industry Association made their way to Middleton Hall in Waldorf, MD, on June 25 for the annual shrimp feast. This dinner offers a unique opportunity for BIA members to interact with county ofﬁcials from BIA’s Southern Maryland jurisdictions in a casual atmosphere, while discussing issues that affect the region, including green building, workforce housing, the need for a mass transit system and growth. In attendance were county commissioners Gary Hodge and Edith Patterson pictured here with Paul Facchina, Jr. (left) and Charles McPherson of the Facchina Group of Companies, LLC.

SEPTEMBER/OCTOBER 2009

BUILDING IN MARYLAND AND WASHINGTON, DC

The Legal Pad Getting The Right Angle On Copyright In Architectural Works By Steven C. DeSmet, Leahy & DeSmet, LLC

hen people think about copyrights and what they protect, they normally think of books, pictures, or music. What most people do not realize is that copyright protection is equally applicable to the set of blueprints you reviewed this morning, and to a slightly lesser extent to the ofﬁce building you are sitting in right now. Understanding copyright law is as important to the builder and architect as it is to the author, artist and musician.

The Basics Architectural works gained their current level of protection under U.S. Copyright law in 1990 with the passage of the Architectural Works Copyright Protection Act. An architectural work under the Act is deﬁned as the design of a building as embodied in any tangible medium of expression, including the building itself, architectural plans, or drawings. The protected work includes the overall form of the structure as well as the arrangement and composition of spaces and elements in the design. Protection is not, however, extended to standard or functional features of a building, such as common windows, doors, and other standard building components. Additionally, protection only applies to habitable structures including homes, apartment/ofﬁce buildings, churches, etc. Non-habitable structures such as highways, bridges, and walkways are excluded from protection. Copyrights in architectural works carry with them essentially the same rights as other copyrights. Given their unique nature, however, two distinct exceptions are carved out of the protected rights once an architectural work is constructed. First, there is no right to prevent the making, distribution, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building is located in or is otherwise ordinarily visible from a public place. Second, the owner(s) of the building that embodies the architectural work may make or authorize the making of alterations to the building, and may destroy or authorize the destruction of the building without the consent of the author or copyright owner of the architectural work.

$750 to $30,000 for each act of infringement and up to $150,000 if the infringement is found to be willful. As an alternative, the copyright owner may seek to recover his/her actual damages plus the infringer’s profits attributable to the infringement. Some examples of infringement of copyrights in architectural works include the unauthorized copying of original building plans, duplicating an existing building either from that buildings original plans or from the building itself. Because actual direct copying is often difficult if not impossible to prove, the federal courts may infer copying when it can be demonstrated that the accused infringer had access to the copyrighted work and the new work is substantially similar to the copyrighted work. While not a prerequisite to copyright protection, registration provides many benefits: registration is required prior to filing an action for copyright infringement in federal court; registration provides the ability to recover statutory damages and attorneys’ fees in the event of infringement; the registration creates a public record of your work which can serve as an excellent piece of evidence that the copyrighted content is owned by you.

An architectural work under the Act is defined as the design of a building as embodied in any tangible medium of expression, including the building itself, architectural plans, or drawings.

Understanding Infringement & Protecting Your Architectural Works

Owners of copyrights in architectural works should take appropriate measures to protect their rights. For instance, if you utilize a Website to promote your business, it is advisable to incorporate a disclaimer into the Website that informs visitors of your rights in your copyrighted works. The language of such a disclaimer should include a statement that any designs displayed on this Website are the copyrighted works of the builder and are provided for advertising and educational purposes only and may not be copied without the express written permission of the builder.

Copyright infringement is the violation of any of the copyright owner’s exclusive rights, which include the rights of reproduction, preparation of derivative works, distribution, display, and performance. Infringement does not require any wrongful intent on the part of the copier, it only requires unauthorized copying. The penalties for infringement can include statutory damages ranging from

Steven C. DeSmet is a member of the Maryland law ﬁrm of Leahy & DeSmet, LLC. For questions or comments regarding this article, Steven may be reached at (301) 572-6872 or steve@leahylegal.com. This article is not intended to and does not constitute legal advice, it is intended for general informational purposes only.

BUILDING IN MARYLAND AND WASHINGTON, DC

SEPTEMBER/OCTOBER 2009

The Engineer’s Angle Wetlands Regulatory News By Francesco S. Gentile, Geo-Technology Associates, Inc.

n December 9, 2008 the United States Army Corps of Engineers (USACE) released Special Public Notice #08-77 announcing the publication and one-year trial implementation period of the Atlantic and Gulf Coastal Plain Interim Regional Supplement to the 1987 Wetland Delineation Manual. The supplement is the ﬁrst of 10 proposed supplements covering different regions of the United States and its territories. Locally, the supplement affects parts of New Jersey, Delaware, Pennsylvania, Maryland, Washington DC, and Virginia. Areas outside the Coastal Plain within these states may still use the 1987 Manual for delineations. The supplement is intended for use in conjunction with the 1987 Manual. Field data collected for wetland delineations using the 1987 Manual prior to January 8, 2009, but not yet submitted to the USACE for review and approval, will be grandfathered. The 176-page supplement presents a technically complex revision to the existing and established methodology. The basics of wetland delineation normally require the presence of three parameters (hydrophytic vegetation, hydric soils, and wetland hydrology) for an area to be considered a wetland. The Coastal Plain Regional Supplement introduces changes to the assessment of all three of these parameters that appear to favor the delineation of more wetlands. For example, when assessing the presence of hydrophytic vegetation, more plant species are now counted as hydrophytes (plants that normally grow in wetlands). Where the 1987 manual described only 10 indicators of wetland hydrology, the new supplement provides 27. The list of hydric soil indicators has also expanded from 10 to 47, some of which might require considerable technical expertise in the ﬁeld of soil science to assess. During the trial implementation period, beginning January 8, 2009, the supplement’s data forms must be used for performing wetland delineations within the Coastal Plain Region. Overall, the supplement is heavily weighted with

MNCBIA Membership New Members (as of July 1, 2009)

Montgomery Housing Partnership Building Single Family Robert Goldman Ph: 301-622-2400 rgoldman@mhpartners.org Sponsor: Charles Bay

BUILDERS Innovative Homes Building Single Family Homes Perry Clauser III Ph: 301-802-8730 pc3limited@verizaon.net Sponsor: Rob Jacobs Kettler, Inc. Building Multi-family Homes Robert Kettler Ph: 703-641-9000 bkettler@kettler.com Sponsor: Tom Farasy

SEPTEMBER/OCTOBER 2009

ASSOCIATES Blazeguard Fire Protection Fire Sprinkler Contractor Peter Keller Ph: 240-372-1878 petekeller@pga.com Sponsor: Carter Wilson

soil science and requires more data gathering and multiple tiers of evaluation for processing that data. The Maryland-National Capital Building Industry Association’s (MNCBIA) Environmental Committee formally commented on the supplement regarding its increased technical complexity and the inherent problem of selecting an appropriate methodology for transition zones between regions. The Committee questioned the need for a revision to the 1987 Manual and requested more time for public comment and further field testing, pointing out that suppressed market conditions have resulted in a reduction of projects, and therefore, fewer testing opportunities. The Regional Supplement for the Eastern Mountains and Piedmont Region is currently being drafted. Locally, this supplement affects parts of New Jersey, Pennsylvania, Maryland, and Virginia. The USACE has assembled a peer review committee to evaluate the reliability and scientific validity of the supplement. The committee’s final report will be made available to the public online. Following the peer review, this supplement will also be published for a public comment and trial implementation period. The Eastern Mountains and Piedmont Regional Supplement is scheduled to be published in November 2010. The introduction of these new supplements into the highly regulated field of wetland delineation and permitting will provide a challenge for landowners, consultants and regulators alike, as new methods are implemented, reviewed and assimilated. Francesco S. Gentile is a senior wetland scientist, at Geo-Technology Associates, Inc., (www.mragta.com) a geotechnical engineering and environmental consulting firm with offices in Maryland, Delaware, Pennsylvania, New Jersey, Virginia, and North Carolina, providing support to residential and commercial builders and developers. Mr. Gentile is a Landscape Architect with 15 years of combined experience in the design and environmental planning fields.

Charles Luck Stone Center Landscape-Architects Michael Brown Ph: 703-675-5267 mbrown@charlesluck.com Sponsor: Josh Rosenthal Evergro Landscaping Landscape Consultants Bill Quinn Ph: 301-464-5005 billq@evergrolandscaping.com Sponsor: Marc Rose Mudd Engineering, LLC Engineers Pat Mudd Ph: 301-994-0101 muddeng@md.metrocast.net Sponsor: Guy Curley

BUILDING IN MARYLAND AND WASHINGTON, DC

Payce Payroll Service Payroll Services Brian Pfeifer Ph: 443-279-9000 bpfeifer@paycepayroll.com Sponsor: Tom Farasy Susan J. Matlick Consulting Ph: 240-997-1626 smatlick@verizon.net Sponsor: Robert Mitchell Vanover’s Hardwood Floorworks Co. Floor Covering Hardwood Dwight Vanover Ph: 703-490-0802 ﬂrwks@aol.com Sponsor: Carter Wilson

MNCBIA Membership Members in the News Axiom Engineering Design, LLC, announced the opening of its Columbia, MD office. Axiom is a full service engineering, surveying and planning/LA company. The office is lead by Peggy White, P.E., Principal, A. Vincent Burke, Prof. L. S., Director of Surveys, Jeffrey Strulic, P.E., Director of Engineering, Adam Morman, RLA, Landscape Architect, and Scott Landis, LSIT, CST3, Survey Coordinator. Mr. Strulic is a LEED AP and Ms. White is a LEED AP and an NAHB CGP. Visit their Website at www.axiom-ed.com. Dico Inc. was re-certified for outstanding quality assurance and customer satisfaction as part of NAHB’s National Trade Contractors Certification program. In 2003 Dico became the first poured-wall trade contractor in the country to acquire the Certified Trade Contractor designation, as part of the NHQ Program’s pilot Certified Trade Contractor initiative. Consecutive years of re-certification from 2003 to 2009 continue

to follow a rigorous NAHB Research Center audit of the implementation of Dico’s quality assurance systems. Participation in the NHQ Certified Trade Contractors program is designed to increase efficiency and consistency in building practices. EYA’s Arts District Hyattsville was selected by Gov. Martin O’Malley for designation as a “Smart Site,” encouraging investment and revitalization for development plans that are “Smart, Green, and Growing.” Smart Sites are projects that follow green building standards and are the product of public and private investments. Arts District Hyattsville incorporates new homes, historic preservation, a walkable lifestyle close to neighborhood retail services, community amenities and fitness, and proximity to employment centers of Washington, D.C. Almost 90 of the 130 completed townhouses on the West side of Route 1 are occupied; construction will soon begin on the opposite side of Route 1.

Events Calendar SEPTEMBER 2 Environmental Committee meeting Calvert County Liaison Committee meeting Development Review Process Subcommittee meeting (DRPS)

3 DC Liaison Committee meeting

4 Prince George’s County Liaison Committee meeting

8 Codes & Standards Committee meeting Custom & Small Builders Council meeting

9 Commercial Builders Council Green Building Committee meeting

10 WSSC Liaison Committee meeting

11 DC Liaison Committee meeting

OCTOBER 16 Montgomery County Liaison Committee meeting St. Mary’s County Liaison Committee meeting Charles County Liaison Committee meeting Chamber PGM Committee meeting

Commercial Builders Council Green Building Committee meeting

NAHB Fall Board of Directors meeting

NAHB Fall Board of Directors meeting Prince George’s County Liaison Committee meeting

Home Builders Care Foundation Board meeting

Builder Banker Breakfast

NAHB Fall Board of Directors meeting

Home Builders Care Foundation board meeting Executive Committee Meeting

Fall Golf Outing

NAHB Fall Board of Directors meeting

MWBC Dinner Meeting Dry Utilities Committee meeting

24 Board of Directors meeting Builder Connections - The Ultimate in Associate Networking

29 The Great American Living Awards (GALA 2009) Record Plat Committee meeting

Custom & Small Builders Council meeting

7 Environmental Committee meeting Development Review Process Subcommittee meeting (DRPS)

Board of Directors meeting General Membership Dinner featuring the Environmental Awards

WSSC Liaison Committee meeting DC Liaison Committee meeting Executive Committee meeting

9 15 Real Estate Finance Committee meeting

Record Plat Committee meeting

DC Liaison Committee meeting

NAHB Fall Board of Directors meeting Prince George’s County Development Process Subcommittee P&P Ad Hoc Committee meeting

Dry Utilities Committee meeting P&P Ad Hoc Committee meeting

Codes & Standards Committee meeting

BUILDING IN MARYLAND AND WASHINGTON, DC

St. Mary’s County Liaison Committee meeting Charles County Liaison Committee meeting Montgomery County Liaison Committee meeting

SEPTEMBER/OCTOBER 2009

MNCBIA Membership STARS Club GOLD Ballard Spahr Andrews & Ingersoll LLP BB&T DGG-MC Linowes & Blocher, LLP PEPCO Pleasants Development Rodgers Consulting

SILVER Acacia Federal Savings Bank Georgetown Insurance Service, Inc. Greenhorne & O’Mara Inc. K. Hovnanian Homes Loiederman Soltesz Associates, Inc. McMillan Metro P.C. Miles & Stockbridge P.C.

Bank of America Elm Street Development Gutschick Little & Weber, P.A. Holland & Knight Lerch, Early & Brewer, Chtd. O’Malley Miles Nylen & Gilmore Provident Bank Reznick Group P.C. Sandy Spring Bank Winchester Homes

FRIEND Beers + Cutler Bowman Consulting Bozzuto Group Burgess & Niple, Inc. Charles P. Johnson & Associates christopher consultants ltd.

MNCBIA’s Most Wanted List Listed here are ﬁrms whose membership in MNCBIA has lapsed. WE WANT THEM BACK! Please encourage these companies to reinstate their membership. Accurate Insulation, LLC, Advanced Civil Design, Advanced Contractors Supply, All Temp Heating & A/C Inc, Amicus Green Building Center, Arbor Landscapers Inc, C.O. Carpentry, Inc., Cabinet Discounters/dba Creative in Counters, Caldeira Quality, Carl E. Zentz, P.A., Chambers & Chambers, Chevy Chase Bank, Chopp & Company, Clark’s Glass & Shade Shop, Inc., Custom Concrete Foundations, Inc., Delucchi Plus LLC, Designs Of The Times, Drywall Systems, Inc., Erickson Retirement Communities, First Home Mortgage, General Shale Brick Company, Home Construction Services, Inc., Insurance Associates, Inc., International Tile & Marble, J E Rice Insurance Agency Inc, Kishimoto.Gordon.Dalaya PC, Lewis Scully Gionet Inc., Long & Foster/New Homecondo., Mailbox Man of MD, Inc., Marjam Supply, Marriott International, Maryland Foundations, Inc., Maryland Sign Design, Inc., My Pest Control Company, Inc., Norris & Dudderar, P.C., Orion Systems Group, Our Gift Biz, Inc., Parrott Security, Patriot Electric, Premier Lifts, Inc., Quiza Management, LLC, R & F Metals Inc, Ram Jack of Virginia, Inc., RDA Engineering Co., Reico Distributors, Rockville Fuel & Feed Co Inc, Sack Harris & Martin, P.C., SAFE Basements, Sage Title Group, LLC, Sea Gull Lighting, Shepherd & Sons, Inc., Southern Maryland Electric Co-op, Sport Systems, Inc, Standard Supplies Inc, Steel Framing Alliance, Inc., Stock Building Supply, Streett’s Waterprooﬁng, Susquehanna Bank, The Ottery Group, The Tech Group, Through The Garden, Inc., TLC Custom Lawn Sprinklers, Inc., United Bank, USI DC Metro, W T Sandy Contracting Inc., Washington Times, WDG Architecture, PLLC, Williamsburg Environmental Group, Inc., Bethesda Builders, Ltd., Building Innovations, LLC, Carl Freeman Assoc Inc, Charleston Homes, Chesapeake & Potomac Homes, LLC, Chevy Chase Customs, LLC, Craft Remodeling Company, Inc., Curtis Development Corp., E & E Carpenters, Inc., EquityRG-The Residence Company, Essex South Builders, Inc., Faller Management Company, Fisher Suburban Construction, Freedom First Homes, LLC, J. Kirby Development, LLC, K2 Development Corp., Kaine Homes, Lennar, Living Solutions, LLC, Mediterranean Homes Corp., Miller Living Environments, LLC, Natural Wonders Custom Homes, LLC, Orchard Development Corp., Patrick K. Keating Company, Inc., Peterson Cos. Of Md, Rainbow Construction Company, Ribera Development, LLC, Richmond American Homes, SageCraft Homes, LLC, Sanford Capital, LLC, Smith Design/Construction, Inc., SunCal Companies, Trim Plus Custom Homes, WES Construction, Inc.

SEPTEMBER/OCTOBER 2009

The Columbia Bank Craftmark Homes Dewberry Ben Dyer Associates, Inc. Fraser Forbes Company, LLC Furey, Doolan & Abell, LLP GE Appliances IDI-MD, Inc. Kim Engineering Macris, Hendricks & Glascock, P.A. Mid-Atlantic Builders, Inc. Military Veterans Miller and Smith Homes Porten Homes Shulman, Rogers, Gandal, Pordy & Ecker, P.A. Slenker Communities Terra Verde Communities LLC The Magruder Companies Ward & Klein Washington Gas

BRONZE

ADVERTISER.COM Appliance Distributors Unlimited ................................ www.adu.com ............................................. 4 Ballard Spahr Andrews & Ingersoll, LLP............... www.ballardspahr.com............. Inside Back Cover Bowman Consulting Group, Ltd ...................www.bowmanconsulting.com ................................. 8 CV Security Inc. ................... www.cvsecurity.com ........................................ 4 GE Appliances ............................ www.ge.com...................Outside Back Cover Linowes and Blocher LLP .....................www.linowes-law.com ............. Inside Back Cover Long Fence Company Inc. .................... www.longfence.com............... Inside Back Cover M&T Bank ..................................www.mtb.com ............................................. 6 Macris Hendricks and Glascock, PA ........................www.mhgpa.com ........................................... 8 Pepco Services Inc..........www.pepco-services.com ..........Inside Front Cover Shulman, Rogers, Gandal, Pordy & Ecker, P.A. ....... www.shulmanrogers.com .......... Inside Back Cover Vintage Security .............. www.vintagesecurity.com .................................... 3

INDEX OF ADVERTISERS APPLIANCES Appliance Distributors Unlimited........................................................................ 4 GE Appliances .......................................................................Outside Back Cover ATTORNEYS Ballard Spahr Andrews & Ingersoll, LLP .................................. Inside Back Cover Linowes and Blocher LLP ........................................................ Inside Back Cover Shulman, Rogers, Gandal, Pordy & Ecker, P.A......................... Inside Back Cover AUDIO/VIDEO CV Security Inc. ................................................................................................. 4 ENGINEERING Macris Hendricks and Glascock, PA .................................................................. 8 FENCING Long Fence Company Inc. ....................................................... Inside Back Cover FINANCIAL INSTITUTIONS M&T Bank ......................................................................................................... 6 SECURITY SYSTEMS Vintage Security ................................................................................................ 3 SURVEYORS Bowman Consulting Group, Ltd ......................................................................... 8 UTILITIES Pepco Services Inc. .................................................................Inside Front Cover

BUILDING IN MARYLAND AND WASHINGTON, DC

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SHULMAN ROGERS GANDAL PORDY & ECKER, P.A. Law Firm

11921 Rockville Pike Rockville, MD 20852 301.230.5200 Tysons Corner, VA Washington, DC Greenbelt, MD

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captivating Only GE Monogram offers the breadth and depth of design options to enhance any home. To learn more, visit monogram.com.

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