September 2018 Newsletter Print

Golf Tournament

Thank you to everyone who participated in the Golf Tournament!
Sponsors, Golfers, and the many that donated raffle prizes & swag bag items!
We couldn't have done it without you!


Thank you ACE Sponsor!

Thank you PAR Sponsors


Thank you TEE Sponsors

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You Are Invited to.....

TASTE - EAT - TALK -
sfba nari eVENT
Beer tasting! Catered Food! Networking! 
This is a multi-organizational networking event.  

When: October 10, 2018
Time: 5:00 PM - 8:00 PM

Where: Gilman Brewing Company 
               912 Gilman St 
               Berkeley, CA 94710

For more information & to register CLICK HERE

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News

NARI member ApexChat is a sponsor of  the Sales and Marketing Executive Symposium in Baltimore and as a sponsor has access to a limited amount of free tickets!  Act fast! Please contact Jon Scott at ApexChat at: 925.384.0429 or by email jonathan.scott@apexchat.com.

Dave Yoho & Associates is holding their Sales and Marketing Executive Symposium in Baltimore in October and ApexChat has access to free tickets. If you're wanting to improve your business and/or improve your profitability, this conference will provide you with loads of information on how to do so. 

About: Dave Yoho founded a company at age 28, which eventually operated with 22 branches in 13 states and in the early ‘70s had a volume of $60 million. His ideas and counseling have brought success to thousands. Dave Yoho’s experience representing Fortune 500 companies as well as entrepreneurs gives him a rich history of profit improvements, turn-arounds and in-depth problem solving. He is the President of the oldest, largest and most successful consulting company representing small businesses. He has appeared in over 100 training videos. He is the author of the best-selling book: Have a Great Year Every Year (Oakhill Press). His company developed the sales methods which are used by the most successful people in the home improvement industry.

Please visit www.hipsummit.com for more information. 

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Legal News

Contributed by Bryant Byrnes of The Law Office of Bryant Byrnes and Brian Trowbridge of Trowbridge Law Office.

Standard of Care vs Good Ethics

We recently advised a contractor client to take his remiss and naughty client to small claims court for collection.  In our opinion, the contractor had the high legal ground in the dispute and would most likely prevail on the merits.

Our client declined.  She said she had been to small claims court several times before with good cases and always lost.  She attributed these losses to the fact that the public - including small claims judges - dislikes and mistrusts contractors. 

The point is well taken.  We hear this frequently.  Contractors as a group are not often held in high repute by the public.  (Based on our years of experience, we think this is unfair.  And in all fairness, lawyers are probably cheek to jowl with contractors in the low end of public trust.) 

The question thus becomes - how do you improve this low standing in public opinion?  In a business sense it would certainly be advantageous.  And also personally; imagine yourself being treated as politely as members of the medical profession usually are.

As we know in these curious political times, public perception is malleable.  It would seem you are often perceived to be what you say you are.  So, the first part of this public relations battle is to state that you are an ethical professional.

Standard of Care.  It is a legal requirement: a construction professional must in his/her performance meet the standard of care.  “Standard of Care” is defined as the legal duty of a professional to exercise the level of care, diligence, and skill as other professionals of similar skill and experience would exercise in the same or similar circumstances. 

Ethics.   We submit standard of care and ethics (good ethics) are different.  If one, however, is going to claim the high moral ground of being ethical beyond the standard of care, one needs to have a notion of what ethical conduct is.  One definition is the adherence to basic concepts and fundamentals of good conduct.  Or perhaps stated another way: that in addition to legal requirements, one’s moral principles control a person’s conduct/activity. 

A number of construction professional groups have written codes of professional ethics.  Of the many we reviewed, there are two that we particularly liked.  The first is the CMAA: the Construction Management Association of America.  This elaborates its members’ ethical obligations to their client, their obligations to the public, their obligations to the profession, and their obligations to the environment.  This last obligation particularly resonates with us.

The second code we liked is that of our very own NARI.  Its Code can be found on the website.  It has the stated goals of raising the perception of remodelers and ensuring integrity and credibility. 

 While we invite the reader to review the NARI Code of Ethics online, several of its goals are especially relevant to the point of this article.

First, it is a goal of NARI’s Code of Ethics that products and services be functionally and economically sound and consistent with objective standards of health and safety.  Another important goal is to promptly acknowledge and take appropriate responses on all customer complaints.  These would be good places to start. 

The Point.  So.  You pass the litmus test - you are ethical.  Now what?

A discussion of what your company does beyond the standard of care can and should be included in sales meetings and promotional material.  And then walk the walk.

Also be sure your employees know this is part of the company’s culture, and it doesn’t work unless they actually and intentionally adhere to these high standards.


Bryant H. Byrnes, Esq. practices construction law in the San Francisco Bay Area and is counsel to the San Francisco NARI Board of Directors.  Brian J. Trowbridge, Esq. of Trowbridge Law Office practices construction law, business law, succession and estate planning, and employment law in the San Francisco Bay Area. 

Questions? Feel free to contact Bryant by email at Bryant@bryantbyrnes.com.  Brian’s website is www.trowbridgelawoffice.com and you can email him at btrowbridge@trowbridgelawoffice.com.

For Bryant and Brian’s previous articles, please visit SFBA NARI’s website and click on the link “In the News/Newsletter” under “For the Trade.” They are also available on his website under “Articles,” and on Brian’s website under “Publications.”  As always, these articles are summary discussions only - to simply give you a heads up on various construction topics.  The information contained herein is not legal advice.

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Education

Universal Design Certified Professional (UDCP)
 Starts October 30, 2018

The Universal Design Certified Professional (UDCP) Online Course will develop your knowledge in the fundamentals of Universal Design

  • Conducting client needs assessments
  • Universal design applications used in residential remodeling
  • Construction techniques used to implement universal design to a remodeling project
  • Plumbing and electrical systems unique to universal design
  • Differences between model building codes and ones described in the Americans with Disabilities Act (ADA)

The UDCP course serves as a preparatory course for UDCP Certification.

REGISTER HERE 
for information on more classes click here

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Savings for Members

HOME DEPOT REBATE PROGRAM

NARI Members enrolled in The Home Depot PRO Rewards program earn an average of $1,973 every year in rebates.

It’s a program that covers the cost of your NARI membership and then some! 

With The Home Depot PRO Rewards program, you’ll receive all the great benefits of The Home Depot PRO program, plus an extra 2% back on all purchases. It’s literally free money on purchases you’re already making. Watch the video to learn more about the benefits of this program.

We know you buy a lot of materials. To earn your 2%, you need to spend a minimum of $12,500 during 6-months (Jan-June and July-Dec). Once you pass the spending threshold, you automatically receive a check for 2% of all tracked purchases.

Already a NARI Member? Get started earning rebates today!

You will need to log in to access the NARI agreement code and link for The Home Depot Program. Sign Up

For more ways to save money as members click here

Not a NARI Member? Join today and start accessing this exclusive program.  

Once your membership application has been approved. Don't forget to log in to sign up for this great NARI member benefit. Join Today

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Newsletter Publishing Information

NARI of Diablo Valley
Newsletter Publishing Information
 
The NARI of Diablo Valley Newsletter is published monthly by the Diablo Valley Chapter of NARI, Inc.   Copyright 2018.  All rights reserved.  Statements of fact and opinion contained herein are the responsibility of the authors and do not necessarily of the options or agreement of the Editor, Board of Directors, staff or membership of NARI of Diablo Valley.
responsibility of the authors and do not necessarily of the options or agreement of the Editor, Board of Directors, staff or membership of NARI of Diablo Valley.
 Comments/Questions: Please send an email to: chapterexec@naridiablovalley.org.  Thank you for your continued support.
 
Sincerely,
Christine Cummings-Walters
Executive Director
NARI of Diablo Valley

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