<img src="/included/images/balogo393x78.gif" alt="Builder/Architect Bay Area" width="393" height="78" />

The Dynamic Balance of Yin and Yang

By Kay Wilthew

The natural world can be explained through Yin and Yang, the interaction of opposing forces that complement each other to create harmony. Marsha and Eric Golangco embrace this ancient Chinese philosophy. Strong technical expertise is complemented by vision and creativity. They draw on past wisdom and integrate innovation to build a transformational future, and they are community leaders with global connections. With their company, Golangco Global, they unite contrasting talents to form a sustainable building design consulting company grounded by solid construction experience.

Both Golangcos proudly continue the legacies of their fathers. "My late father was a well-known feng shui builder in Hong Kong. What inspires me is the way in which he conducted his business, always thriving for excellence and always paying attention to the highest quality of the work," says Marsha Cheung Golangco. "My own business has evolved from a traditional into a global empowerment kind of business."

As the site development manager, Eric was accountable for the grading and street systems of this suburban subdivision in Contra Costa County, CA.

Second-generation builder Eric Golangco grew up in Manila, Philippines. "My father was a successful general contractor, constructing commercial buildings, residential high rises, infrastructure and roads." Eric has divided his time between the Philippines and the United States, working with his father and with primary residential developers in the Bay Area. "I've been in the construction industry for some time, and in California, specifically in residential suburban development. Eventually, I decided that I wanted my own brand of construction and consulting, so Marsha and I formed our company, Golangco Global."

Eric was a key member of the project team for this mid-rise condominium project in the South Beach area of San Francisco.

The company's expertise is sustainable building design integrated with feng shui principles. It provides strategic planning and project management services for master-planned communities, site development, landscape, architectural and interior environmental quality design. "We feel strongly about making a difference to our environment and setting an example for our children and others around us to work together for the common good," says Eric. "Our work is akin to social entrepreneurship that does good to the society while creating wealth, and we both learned that from our fathers."

Evaluating a hilltop site for optimum building orientation and sustainable green features of a proposed custom home in Southern California.

Marsha's education includes a B.S. in Biology from Santa Clara University, an M.A. in Economics from San Francisco State University and a doctoral academic program in environmental science from the University of the Philippines. Her talent in applying the Chinese cultural system of feng shui to sustainable green-building projects has earned her the respect of home builders. "They engage me throughout different stages of the development process. I find they consider me their 'secret of success,' because whatever I contribute they find economically useful, which translates to easier sales, higher customer satisfaction and larger profits." As a complement to Marsha's academic achievements, Eric completed a B.S. in Civil Engineering from Santa Clara University, an M.S. in Civil Engineering in Construction Management from Stanford University and an M.B.A. from St. Mary's College in Moraga.

Feng shui in action at Vantage, Palo Alto, CA, a Silicon Valley infill project that balances energy efficiency and energy flow with greeneries and curved walkways.

The Golangcos are committed to sustainable building educational efforts, local to global, presenting multiple fronts in both the Philippines and the United States. Eric appears on the speaking circuit, redirecting crucial industry focus by staging sustainable design seminars for builders, architects and local construction groups. "Education is the very first part of improving and changing our worldview and way of thinking." Marsha is the author of two feng shui books, with a third book nearing completion. She is a past chairperson of the Contra Costa's Human Relations Commission and is a recipient of the Martin Luther King Jr. Honorable Mention Humanitarian of the Year Award in Contra Costa County. Eric is the President of the Chinese American Political Association and both are active members of the local Home Builders Association, the California Building Industry Association, Build It Green, the U.S. Green Building Council and the National Association of Home Builders.

Joint efforts by Marsha with Tad Holland of SummerHill Homes to quality-check the project before the grand opening. To attract sales, it is critical to give the best impression.

"We definitely feel our involvement in business and our diverse community shifts traditional paradigms and helps others and us see possibilities in many dimensions," says Marsha. "Many of our environmental issues are related to the depletion of natural resources due to over consumption. That's actually where sustainable green building and practices apply, because it's not just one set of fixed rules, but rather adaptations to different environments and different cultures. That is why we call ourselves Golangco Global. We adapt to global environments, go to different countries and be of service to that culture."

Lane Woods by SummerHill Homes at Menlo Park, CA. Sustainable designs include a vibrant greenbelt in the center of the project with a flowing water fountain and verdant landscaping.

Eric believes the clients with whom he has the greatest impact are property owners, builders and developers. "With any project, whether they are residential or commercial buildings, homes, high rises, schools or hospitals, we can always apply sustainable building designs and practices to enhance and improve them," says Eric. "The ideal client is one that believes in the concept of sustainable living, economically feasible development with social benefits."

Marsha holding the ancient Chinese compass used to check out all the natural elements at SummerHill Homes’ Redwood Gates in Palo Alto, CA.

And applying the concept of yin and yang, Eric explains, "Even from a basic nature where yin is soft and yang is the technical side, Marsha and I blend and work very well together. We are in harmonious action without contradicting each other."

Recommending to Deborah Garlick of Warmington Homes various sustainable green feng shui designs that include additional lighting and revised kitchen layouts to enhance energy flow.

Marsha believes people are inspired by their holistic outlook to sustainable building. "While Eric, as an engineer, is more of the pragmatic technical person, I add the softer side, being visionary and global. I am passionate about creating diverse, educational programs for different cultures. We take a systematic approach, partnering with diverse professionals and forming alliances to create unlimited possibilities. As we integrate the traditional with the modern, we find ourselves building bridges all over the world.

Reviewing the layout of roads, utilities and other infrastructure elements at a master-planned community in the Philippines.

"In this time when our economy looks gloomy, we have the opportunity to reinvent ourselves," she adds. "We are part of a sustainable green movement all over the world. We may be suffering the consequences of the past, but the future is bright and open." As with yin and yang, where there is darkness, there is also light.

Visit Golangco Global at:
www.golangcoglobal.com

Contact Eric at:
eric@golangcoglobal.com
925-407-7433

Contact Marsha at:
marsha@golangcoglobal.com
925-946-1006

May 2009 Builder Architect Edition Issue

Meeting California's Green Building and Structural Challenges

By James Hodgson, Premier Building Systems

With the growing push toward more environmentally responsible buildings, contractors and design professionals are re-evaluating all aspects of construction. The building envelope is a key area for improvement since stick-built framing in homes and light commercial buildings is susceptible to gaps that lead to heat gain and loss. Stick framing also generates large volumes of wasted materials. At the same time, the need for sturdy structural components remains acute, especially given California's seismic risks.

To help meet these needs, building professionals should consider advanced building techniques such as structural insulated panels (SIPs) for single-family homes, apartments, offices, schools, churches and other commercial structures.

SIPs are typically made of two sheets of oriented strand board (OSB) that are structurally laminated and pressure-cured to a rigid core of expanded polystyrene (EPS) foam insulation. They integrate load bearing capability and insulation in one component and take the place of wall studs, joists and fiberglass or blown-in insulation. Manufacturers or dealers deliver the panels to the jobsite ready to install, complete with pre-cut window and door openings.

Of importance in California, SIPs can also be used for shear walls. Check with the manufacturer for panels that are code-recognized in the appropriate seismic zones, including zones D, E and F.

Green Building Benefits

SIPs offer an energy-efficient framing method that can earn up to 36 or more points under the Leadership in Energy and Environmental Design (LEED(R)) Green Building Rating System(TM). The panels' green building benefits include superior insulating properties and reducing jobsite waste by up to two-thirds.

High insulation values
The panels consistently outperform other methods of construction in both whole-wall R-values and energy efficiency. The foam core provides an insulating layer, and the large one-piece panels leave fewer gaps to be filled and sealed than traditional framing. Studies of homes in hot and cold climates show that homeowners can save between 40% and 60% on their heating and cooling costs with a SIP-framed home.

Reduced jobsite waste
Because they are made in a factory setting, SIPs make better use of materials than is possible on a jobsite. Builders do not need to cut, trim and frame lumber or other materials, which dramatically reduces waste going to landfills. SIPs are also 100% recyclable and in some panels, the foam contains a specified level of recycled content.

While many building professionals are unfamiliar with SIPs design and construction, getting started is not hard. Contact a manufacturer or dealer, or the Structural Insulated Panel Association (SIPA) for more information.

James Hodgson is the General Manager for Premier Building Systems. Premier, North America's largest SIPs manufacturer, is a leader in the research, development and manufacturing of high-performance, energy-efficient structural insulated panels and innovative construction framing materials. (800) 275-7086, www.pbssips.com

May 2009 Builder Architect Edition Issue

The Art Of Disclosure: To Tell Or Not To Tell

http://events.zweigwhite.com/marketing/

After receiving a flyer regarding neighborhood defect claims, the Johnsons decided to join a lawsuit against their builder and those involved in the construction of their 6 year old home claiming it suffered from pervasive defects including roof leaks, stucco cracks, window failures, and water intrusion. Papers filed with the court covered everything but the kitchen sink which apparently continues to function defect-free. During the suit, the Johnsons' lawyers prepared a detailed defect list and sought over $100,000 to "fix" the home. After a visual inspection without and destructive testing, the Johnsons settled for $10,000, one-tenth of claimed repair costs. Why this radically discounted settlement? Perhaps in reality, there was little wrong with the home.

As is customary, in exchange for payment, the settlement agreement released all known and unknown construction claims, past, present and future. The agreement purported to bind future purchasers, but will it? Builders, design professionals, and subcontractors are not protected from future third party defect claims until the 10 year statute of repose runs. A future buyer can make claims unless provided with notice that prior defect claims were forever settled with the property sold subject to this information.

A year later the Johnson's, having made no repairs, but sporting an awesome new sports car equipped to tow the new boat (they also inherited some extra cash), decide to sell their home. Must they tell the prospective buyer of the settled defect lawsuit? After all, the defects were minor. A scratch here; a nick there. Nothing worth impacting the sales price of a perfectly well built home.

In California, a seller has both a common law and statutory duty to disclose all material facts affecting the value or desirability of real property. Civil Code sections 1102 et seq. and 2079 govern the breadth of disclosure and even provide forms to assist the seller in the art of thorough disclosure. The "are you aware of" boxes prompt the seller to advise of whether the home was built without permits, violates the uniform building code or has ever suffered from settling, flooding, drainage, grading and/or other select problems. There is also a box that asks if the seller is aware of "any lawsuits by or against the seller threatening to or affecting the real property, including any lawsuits alleging a defect or deficiency. ..." Against this backdrop, surely a future buyer would know of both pending and settled suits.

However, Calemine v. Samuelson (Feb., 2009) 171 Cal. App 4th 153, 164 - 66, highlights the problems of leaving the disclosure of resolved defect litigation to sellers. Examining the very language quoted above, the Calemines argued they were only required to disclose currently pending or highly probable future litigation. The court of appeal disagreed noting that (1) the form language does not limit disclosure to pending or future litigation, and (2) the common law duty to disclose facts affecting the value or desirability of property would impose a duty to disclose a prior suit regarding defects.

Good attorneys will incorporate specific settlement provisions to protect their clients from future construction defect suits and bypass reliance on sellers to disclose settled lawsuits. Nonetheless, revision of the civil code and associated forms to ensure full disclosure of any "past, present or future" construction defect suits will squelch the temptation to opt for a more creative disclosure approach. Better yet, why not statutorily require a "Notice of Settlement" to be recorded against involved property upon settlement. Recordation would provide notice to prospective purchasers and provide necessary protection to both sellers and the building industry.

It makes sense. When you get in an accident causing damage in excess of $750 you must report the accident to the DMV so that subsequent buyers know the car was involved in a crash. Shouldn't a home, which is far more costly, be subject to the same rules? Maybe then the number of questionable suits filed for profit would decrease, and the building industry would be protected from future defect litigation involving the same home.

Jan A. Gruen is the Managing Partner of the Walnut Creek Office of Newmeyer & Dillion LLP, a statewide business and real estate law firm. Ms. Gruen has more than 19 years of litigation experience in day-to-day risk management, construction defect claims, real estate, business, and insurance matters. Ms. Gruen can be reached via e-mail at jan.gruen@ndlf.com.

May 2009 Builder Architect Edition Issue

Structural Engineering Firm CEO on Marketing Panel at San Francisco Conference

WAYLAND, MASSACHUSETTS- Allison S. Tabor, CEO of San Ramon structural engineering firm TEAC, will participate in a panel of architecture, engineering, and environmental consulting firm presidents and CEOs at ZweigWhite's 2009 A/E Marketing Now Summit, taking place May 21-22 at the Omni Hotel in San Francisco. The CEOs on this panel will address the value and importance of marketing from the mile-high point-of-view, including: what they feel their own marketing roles are; how they interact with the marketers on their staff; what results they expect from marketing initiatives; and whether they are planning to spend more on marketing now or less, and why.

According to an article by James Surowiecki in the April 20, 2009 issue of The New Yorker, "numerous studies have shown that companies that keep spending on acquisition, advertising, and R. & D. during recessions do significantly better than those which make big cuts...but, when hard times hit, most companies...hunker down, cut spending, and wait for good times to return." Have the marketing budgets at architecture, engineering, and environmental consulting firms been scaled back? The design and construction industries have certainly not escaped the impact of the economic downturn. How the specific firms represented on this panel are responding will be the focal point of this session, and a highlight of the conference.

About TEAC: TEAC Structural Engineering provides value-added structural engineering services for commercial and residential projects ranging from single and multifamily units to mixed-use, retail, office and hotels. As a SBE, WBE/DBE certified firm, with LEED AP Leadership, TEAC specializes in the design of new buildings as well as in the seismic evaluation and rehabilitation of existing structures. The firm is headquartered in San Ramon, CA.

http://www.teacengineers.com/index.html

About ZweigWhite: ZweigWhite is the nation's leading source of business management services for architecture, engineering, and environmental consulting firms. The ZweigWhite team consists of experts in strategic business planning, business valuation, ownership transition, human resources management, finance and administration, mergers and acquisitions, market research, marketing, project management and project delivery methods who collectively produce a comprehensive suite of products and services, including newsletters, industry reports, executive training, business conferences, and advisory services covering virtually every aspect of firm management. The firm is headquartered in San Ramon, CA with additional offices in Fresno, CA and Sacramento, CA.

http://www.zweigwhite.com/

Contact: Claire Keerl ckeerl@zweigwhite.com or 800.466.6275

May 2009 Builder Architect Edition Issue

Warmboard Radiant Subfloor Now Offers Panels With Fsc-Certified Plywood

(APTOS, CA) April 2009 - A new product is now offered by Warmboard Radiant Subfloor, adding value and sustainability to Warmboard radiant floor panels. Buyers may now choose to have their Warmboard panels made with Forest Stewardship Council (FSC) certified plywood.

The Forest Stewardship Council formed in 1993 by a group of loggers, foresters, environmentalists, and sociologists who sought to change the dialogue surrounding the practice of sustainable forests. FSC sets forth the principles and standards for forest management, and has created the world's strongest system for guiding forest management. Fifty-seven countries now apply these standards around the world.

Warmboard, already providing energy efficiencies with its low-mass, aluminum, and the ability to operate at the lowest water temperatures, is excited about the new offering. "The industry is moving toward more sustainable business practices and Warmboard is pleased to participate," says Tony Gasparich, President of Warmboard, "lessening our influence on the environment at large allows Warmboard owners to share Warmboard benefits with the global community."

Invented by Terry Alsberg in the early 90s, Warmboard is a patented technology that combines 1 1/8" thick plywood, or 1 1/8" FSC-certified plywood, with a full aluminum surface adhered to the top of the plywood, even within the tubing grooves and along the loop turns. It is a radiant panel and subfloor combo that is easy to install, reduces labor and material needs, and quickly provides comfortable heat using little energy.

Many contractors and architects take interest in Warmboard because of these benefits. Many homeowners also request Warmboard for their home heat because they know it will give them comfort and save on their energy bills. Now, each has another reason to choose Warmboard; FSC-certified Warmboard.

Coupled with its sustainable attributes, FSC-certified Warmboard panels will allow as many as 11 Leadership in Energy and Environment (LEED) points within U.S. Green Building Council's LEED certification process, as part of the FSC- certified framing package. As a separate component, these FSC panels will earn half of one LEED point. Warmboard with FSC-certified plywood is now available on demand.

For more information, please contact:
Meg Novack
Marketing Director
Warmboard Radiant Subfloor
831-685-6066 ext. 112
mnovack@warmboard.com

May 2009 Builder Architect Edition Issue

Container Gardening For Patios and Balconies

By Barbara J. Smith

With townhouses, condominiums, and apartments becoming more common, people who like to garden can find themselves without a patch of soil, even in the suburbs. We take it for granted that when you live in the suburbs, you have a single family home with a yard. Many of us know that's not true anymore, no matter where you live. High density and infill housing is becoming more common, and for us gardeners, it brings with it a dilemma. How do you indulge yourself in gardening with no ground to plant?

The best way for yard-challenged people to garden is with containers - window boxes, planters, flower pots, hanging baskets - the list goes on and on. We are no longer confined to house plants. You can have a garden whether you have a patio, deck, balcony, windowsill, or an eave. Indeed, plant nurseries are increasingly recognizing the needs of container gardeners, stocking plants, pottery, tools, even books, for our use.

Experienced gardeners can adapt to containers and still plant many of the flowers and shrubs they enjoy, from ground cover to dwarf trees. Even if you are a beginner, you can have a successful garden from the start. Start with hardy plants with a lot of color, like geraniums, and then branch out gradually to see what works for you.

The West coast climate allows for nearly every type of plant. Many annuals can weather the mild California winters, so you may not need to restock your container garden in the spring. However, you need to take into account seasonal temperatures and the amount of shade and sunshine in your gardening area. If you have direct sun most of the day and a hot summer, use plants that require full sun and tolerate heat. If you live in a cooler area, plants that like shade, wet weather, and lower temperatures will thrive year-round. The ecology-conscious can also use native plants, many of which require little water. There is the added satisfaction of knowing you have planted a garden that is perfectly adapted to the environment.

Two things of note for a container garden: potting soils tend to dry out quickly and they also have few nutrients. You can use a slow-release plant food that only needs to be applied a few times a year for convenience. There are also watering systems for container gardens if you want to avoid lugging a watering can or don't have a garden hose hookup. A moisture meter may also come in handy if your plants use water at different rates.

Gardening is no longer limited by whether you have a yard. You can garden anywhere with the right tools, plants, and attitude.

Barbara J. Smith is a free-lance writer whose hobbies include container gardening.

April 2009 Builder Architect Edition Issue

Metal Bar Grating Makes Triple Play In Greening of Margarido House

Industrial product has residential appeal

By Mary Estes

When it comes to building "green," a simple metal product by McNICHOLS made a triple play at a California home that's being celebrated for its environmental integrity and trendy design. The product, often associated with industrial use, is sustainable, functional, and now has aesthetics as an attribute.

Perched in the Oakland Hills on a 13,000 square-foot multi-layer lot overlooking San Francisco Bay, The Margarido House (named for the street where it resides) is identified by this metal architectural feature that has a wing-like prominence and proclaims the home's green virtues.

The basic, yet diverse McNICHOLS(R) Aluminum Bar Grating wraps around the southern and western exposure of the house announcing its purpose. However, many associate it with manufacturing plants or wineries where it is used as platforms to maneuver around commercial equipment.

Wanting to shade the sun from the home, which was designed to need no air conditioning, the builder/developer and resident, Mike McDonald of McDonald Construction and Development Company, Inc., discovered the material is multi-faceted for a home.

It helps cool the first floor and doubles as a deck on the west side with the addition of a handrail. On the south side, the bar grating is a catwalk for window maintenance. Its permeability and non-corrosive qualities make it integral to the home's rain water recycling system.

Extending eight feet beyond the house, it is strong enough to walk on; wide enough to shade the sun's intensity into the living room, kitchen and entryway; durable enough to withstand fire and wind, and permeable enough to aid water recycling. Green in its own right, its presence helped the house exceed environmental standards.

McNICHOLS supplied the bar grating in three- and two-foot panels of 20-foot lengths of roughly 200 pounds each. Specified and installed by Chris French Metal Inc. of Oakland, the metal was bolted to the cantilevered steel beams of the 4,635 square-foot house.

Atop the home is a 600-square-foot planted roof that drains, with other water run off, into an underground storage tank. The "green" roof is accessed by an outside stair way that features bar grating stair treads. Like the sunshade, the treads are self cleaning and allow rain to penetrate to the ground and flow to the reservoir tank beneath the driveway.

Roof soil and plantings help insulate the home, increase the roof's lifespan, slow storm water run-off and provide green space for viewing the San Francisco skyline. The roof also houses photovoltaic panels to generate electricity, while solar water collectors preheat water for the radiant-floor heating system and domestic hot water.

McNICHOLS bar grating is also incorporated into the driveway where it covers the mechanical equipment that serves the 4,000-gallon underground concrete reservoir. The strength of the grating allows the driveway to be used for parking.

According to McDonald, The Margarido House is slated to be the first LEED-H Platinum Custom Home in Northern California and the first home in the country to be both LEED-H Certified and Greenpoint rated.

McNichols Company has 18 branches worldwide. The San Francisco branch is at 19226 Cabot Blvd. Hayward, CA. Call (510) 887-7778 or visit www.mcnichols.com for more information. See the Margarido House at www.margaridohouse.com

April 2009 Builder Architect Edition Issue

Greenhouse Gas Issue Heating Up

Jason M. Brandman

The following is a draft of a letter the state is sending to President Obama's administration with guidance on greenhouse gas policies and regulations. I thought you should know what your state is recommending on this issue, since the eventual outcome will likely affect everyone in California and the nation:

"California has a long history of environmental leadership, developing innovative policies that save money, add jobs and expand our economy. California's landmark energy efficiency standards have saved consumers more than $56 billion over the last 30 years, and are expected to save another $23 billion over the next five years. California's first-in-the-nation policies are cited for attracting 57 percent of the nation's clean-tech venture capital - $3.3 billion dollars in 2008. The following recommendations are based on California's experience combating climate change using market-based measures and direct regulations, and by encouraging voluntary action at the local, state and regional level.

Effective and Enforceable Targets: The federal program must include mandatory approaches to achieve the greenhouse gas (GHG) emission reductions needed to prevent dangerous interference with the climate system. Regular reviews of progress and mechanisms to adjust the emission reduction targets are essential to ensure our nation is making a substantial contribution to the global efforts to combat climate change. The Fourth Assessment of the Intergovernmental Panel on Climate Change (IPCC) states that in order to avoid the worst consequences of climate change, the world will have to reduce GHG emissions from 2000 levels by between 50%-85% by 2050. The California Global Warming Solutions Act established a comprehensive program to reduce California's GHG emissions to 1990 levels by 2020. Consistent with the IPPC science-based recommendation to stabilize atmospheric GHG concentrations at a level that prevents catastrophic consequences, Governor Schwarzenegger set a goal of achieving an 80% reduction of GHGs below 1990 levels by 2050.

Mandatory Reporting: The federal mandatory reporting program should employ The Climate Registry as the central repository or clearinghouse for reporting and tracking of GHG emissions. California has joined 39 other states, 12 Canadian provinces and territories, six states in Mexico and four Native Sovereign Nations to form the largest North American GHG registry. The Climate Registry establishes consistent, transparent standards throughout North America for businesses and governments to calculate, verify and publicly report their GHG emissions. The registry utilizes best practices in GHG emissions reporting, establishes a common data infrastructure for voluntary and mandatory reporting and emission reduction programs, and minimizes the burden on both the government members of the registry and the reporters to the registry.

Preserve State Authority: The federal program should recognize the benefits of state programs and expressly preserve the authority of states and localities to implement measures that reduce GHG emissions. Given the nature of the threat posed by climate change, a collaborative effort involving all levels of government is necessary. The United States is governed through the shared and differentiated responsibility among local, state and federal governments. States have demonstrated the ability to respond more quickly than the federal government to new scientific and technological developments and to address issues in ways that respond to local needs. Consequently, states have long provided innovative public health and environmental protection policy models for the federal government. Given the diversity among states in resources and capability to respond to the many challenges of combating climate change, allowing for state action beyond federal action can provide greater environmental and other co-benefits, accelerate clean-tech development and deployment, and lower the overall costs at both the state and federal level.

A Mix of Measures: The federal program should consist of both a cap-and-trade program and complementary measures to stimulate the economy and promote efficient use of energy. States have implemented complementary measures to address climate change, many of which will provide additional environmental and economic benefits if adopted at the national level. Complementary measures implemented by states thus far include policies that promote renewable power generation and recycling, increase energy efficiency and reduce GHG emissions from cars, fuels, buildings, and appliances. Complementary measures at the federal level should serve as the minimum requirements for the nation as a whole and allow states to pursue more stringent requirements within their jurisdiction.

Cap-and-Trade Program: The federal cap-and-trade program should provide a clear path for states that choose to transition into the federal cap-and-trade program. California supports a strong federal cap-and-trade program. Such a program is essential to ensuring that GHG emissions are reduced nationwide, while allowing industries flexibility to discover innovative and cost-effective means to reduce emissions. Many states have already joined together in regional partnerships to create cap-and-trade programs. These programs are being designed with the input of stakeholders and experts from around the world, and are a model for a federal cap-and-trade program. California believes that the federal program must provide for an exchange of previously purchased state allowances and offset credits, the use of the federal allowance currency for purposes of state programs, preservation of funded state programs, and a mechanism which would allow for state retirement of federal allowances. To ensure a long-lasting strong federal program, states must retain their authority to operate cap-and-trade programs.

Cost Containment: The federal cap-and-trade program should contain costs through a liquid market, banking, and linkage to other carbon markets and carbon offsets. The integrity of offsets and linked programs must be ensured through rigorous standards. The primary mechanism for cost containment in an emissions trading program is a large, open and efficient trading system. Other mechanisms to contain costs including unlimited banking of allowances, a rigorous standards-based offset program, and linkage to other well-managed carbon markets. Cost containment mechanisms such as safety valves that delay real emission reductions jeopardize the long term integrity of the cap and threaten linkage with other programs.

Strategic Allocations: The federal program should ensure that the majority of allowances are auctioned. Free distribution based solely on historical emissions only serves to reward the biggest polluters at the expense of consumers and penalize early leadership. Implementation of a cap-and-trade program nationally with tradable allowances would create allowances worth between $50 Billion to $300 Billion annually. This allowance value ultimately belongs to society and the use of the allowance value should advance societal goals. As indicated by economic studies as well as the recent experience in the European Union's Emissions Trading System, freely allocating allowances can lead to large windfall profits by providing emitters with allowances whose value greatly exceeds their compliance costs.

Transportation Policies: The federal government should adopt a national Low Carbon Fuel Standard (LCFS) and a national GHG standard for vehicles, and should ensure that transportation policies promote efficient mobility. Any successful climate program must aggressively address the transportation sector which accounts for approximately 30% of emissions nationally. Addressing transportation emissions requires focusing on vehicles, fuels, and transportation demand. Governor Schwarzenegger's LCFS requires a reduction in the average GHG-intensity of transportation fuel. Adopting the LCFS nationally will create a market for the most advanced and efficient low-GHG fuels. Similarly, California's vehicle GHG standards, is a model for a national GHG standard that drives innovation toward cleaner cars that save consumers money. And finally, states and local governments should have incentives to make land use decisions which provide a balance between jobs and housing, increase public transit, and provide for more bikeable and walkable communities, and federal transportation funding should be at least partially tied to decreasing vehicle miles traveled."

If you have a question about the issues mentioned in this column - or any other environmental issue you would like to see discussed - please drop me a line at jbrandman@brandman.com.

March 2009 Builder Architect Edition Issue

Everything is Light

By: Maria Billingsley

In the beginning it was dark and cold. There was no sun, no light, no earth, and no solar system. There was nothing, just the empty void of space. Then slowly, our sun was formed from a swirling nebula. Without light, there would be no life.

Light is everywhere. The fascination to harness its beauty has motivated many artists and designers to create fixtures where color comes to life, where light will fall through and where it will be reflected or absorbed. Nothing has a greater impact on a home than lighting because illumination affects us on so many levels. Lighting influences the appearance tone and impression of every single object or space in a home.

Many new technologies have emerged during the past decade, making the fundamentals of lighting design more necessary than ever. Today, homeowners can choose from a tremendous variety of luminaries from type of light, to color, to location, lighting is essential to the success of any home.

When planning residential lighting, focus on layering various types of lighting to accommodate the three elements that need illumination: people, architecture and key objects. Here are some basics to consider when addressing the "function of Illumination."

Ambient lighting fills a room with a gentle, inviting overall glow that humanizes the space. To create good fill light, illumination bounces off walls and ceilings so the light is sensed only after being reflected.

Decorative luminaries that create sparkle are achieved by chandeliers, lanterns and sconces that add shimmering texture and give the illusion of providing the room's ambient illumination.

Accent lighting uses carefully focused on beams, artwork and architectural details highlight areas in the home that feature a unique quality. Accent lighting can be provided by recessed adjustable, track or portable luminaries.

Task lighting is the tightly focused, unobstructed, intense light needed where people do work or other activities requiring close scrutiny. Task lighting generally is provided by such luminaries as lamps, under-cabinet strip lighting or vertical strip lighting in bath areas.

A successful lighting design takes into account all of these needs and styles of living. The art of lighting is as creative as painting on a canvas, in other words, treat light as you would any object of appreciation.

Article submitted by J Hettinger Interiors, located at 200 Hartz Avenue in Danville, CA. We welcome any questions or comments at designers@jhettinger.com or (925) 820-9336.

March 2009 Builder Architect Edition Issue

Creating Stronger, Straighter Tall Walls

Engineered Wood and Framing Design Software Solutions

By Chris Degnan

Today's residential single-family and multi-family home designs often include walls that are taller than 10 feet. Such walls are located in great rooms, entry foyers, and multi-story structures that incorporate many windows. These "tall walls" create unique challenges for builders and architects. Some of these challenges include walls that are not stiff or strong enough for the application. In addition, tall walls exceed code provisions for conventional construction, so prescriptive solutions do not exist. Engineered lumber framing members, manufacturers' tall wall design guides, and tall wall design software provide solutions to tall wall construction and design needs.

Before the introduction of engineered lumber, tall wall designs usually incorporated platform framing practices to achieve the required wall heights. Framing tall walls with this technique creates a hinge point. These hinge points produce weaknesses in a wall that makes it susceptible to drywall cracks and leaks around windows.

Engineered lumber provides builders a better framing solution. Laminated strand lumber (LSL), manufactured using wood strands that are laminated together under high pressure and steam, is available in long lengths - up to 36 feet. Using LSL studs, designers can incorporate single-length framing members in walls 30 feet tall or greater. Continuous wall studs and columns give builders and designers a readily available solution to avoid the hinge point. Also, engineered lumber studs are straight, which allows for smooth, clean wall lines. Engineered wood studs, columns and headers also resist bowing, twisting and shrinking.

Engineered wood is also an environmentally responsible choice since it can utilize fibers from plentiful, fast-growing trees and the manufacturing process uses virtually every portion of every log.

In addition to engineered wood solutions, software is now available that helps builders and architects meet code requirements for tall walls, optimize wall designs, and enable efficient product specification to meet load carrying requirements.

The software provides individual member sizing and connection designs for each wall framing member. Builders and architects can print out and present framing member details and calculations to local building inspectors for a clear demonstration of code compliance. Such tools also provide specification information on engineered wood products for straight and true tall walls.

Tall wall design software helps builders design walls that are stiff and strong, with consistent and predictable performance. The result is reduced call-backs for problems such as grout and sheetrock cracks, water penetration, and popped seals on windows. Designing walls with tall wall software can also help ensure compliance with window manufacturers' warranties.

In a tough market, builders and architects are looking for more efficient construction practices. Engineered wood products and specialized framing design software can help by making tall wall design faster and simpler.

Chris Degnan is the marketing director, strand technologies, for iLevel by Weyerhaeuser. iLevel offers solutions to a wide range of structural framing challenges, including TimberStrand® LSL studs for tall walls and iLevel® Tall Wall Calculator software. www.iLevel.com, 888-453-8358

March 2009 Builder Architect Edition Issue

Does liability ever end? The ten-year statute that isn't

by Jan A. Gruen

Most members of the building profession assume that a homeowner's claims for construction defects and deficiencies, whether known or unknown, are barred after 10 years. In reality, the cut off for liability is not quite that clear; indeed, the 10 year statute of repose is arguably misnamed and oft times misunderstood. Does it provide limitations?

Code of Civil Procedure section 337.15 provides that an action for damages may not be brought against anyone who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or construction of an improvement more than 10 years after the substantial completion of the improvement. This section applies to damages caused by defects and deficiencies that are "latent" (not readily visible).

The code provides that the 10-year period commences upon "substantial completion of the improvement", but not later than the actual date of one of the following, whichever first occurs:

Final inspection by the applicable public agency;
Recordation of a valid notice of completion;
The date of use or occupation of the improvement; or
One year after termination or cessation of work possibly to be evaluated separately as to the work of each trade or profession rendering services.

Sounds simple, but beware. There are carve-outs that lengthen 10 year protections. For example, the 10 year cannot be asserted as a defense, and is in fact tolled, as to any builder that remains in actual possession or control, i.e. continues to own the property, when a defect or deficiency is said to have existed and caused damage. The result is particularly troublesome in a down market where product is not selling as it should: the builder who is forced to retain ownership may face exposure to a claim for a far longer period of time than the design professional and subcontractors who performed work on the project.

The latest and greatest case on this issue is Gundogdu v. King Mai. Here the court held that even if a developer owns property for a year or two after completion, that fact alone is not enough to toll and extend the 10 year during ownership. Rather, to toll and extend the 10 year statute, there must be allegations of damage to a claimant arising from a developer's conduct during the period the developer held the property after completion.

Remember also that the 10 year does not apply to all types of lawsuits. Visualize a wild party on a deck built 20 years prior. The deck collapses. Although many are spared due to their inebriated state, two persons are killed. Evaluation confirms the deck was dryrotted due to improper design and construction. Given the time that has passed, are the builder, architect and trades protected from a lawsuit? No. A person who sustains physical injury can file a claim within 2 years of injury or within two years of the date a causal connection is drawn between exposure and injury. Thus, a personal injury claim can be brought against builders, design professionals and trades long after 10 years have come and gone. Code of Civil Procedure section 335.1.

Pursuant to statute and the recent case of Pine Terrace Apartments v. Winscape, the 10 year will also not apply to fraud or willful misconduct. This creates a whole new reason to act honestly and with integrity. (Can you believe a lawyer said this?)

As if the above was not confusing enough, remember that while the 10 year protections still apply in Pre-SB 800 construction cases, pursuant to SB 800 (Civil Code section 895 et. seq), the 10 year statute of repose has been replaced by specific statutory deadlines for making claims on an issue by issue basis.

Navigating claims with the use of a calendar is not always the solution. As I always say: when confused, call a good lawyer.

March 2009 Builder Architect Edition Issue

As Our (Fiscal) World Turns

by Jason M. Brandman

When the Governor announced his economic stimulus Plan in December, he counted on CEQA exemptions for $800 million worth of highway projects as an indispensable feature of the plan. The administration argued that the CEQA exemptions were "needed" because of the economic crisis we're in. In the economic stimulus plan passed by the Legislature, the Governor's CEQA exemption provisions were replaced by a CEQA-like streamlined environmental review process. The Governor vetoed the legislative plan because of its failure to accord a full CEQA exemption to the highway projects he proposed. Many environmental groups are arguing that such a proposal ends up reinforcing a bad policy: when there's a crisis, suspend CEQA. Similarly, the Governor's insisted on CEQA exemptions for certain designated projects during the 2006 infrastructure crisis.

No one can quarrel with the existence of our economic crisis. The economic benefit of these CEQA exemptions in stemming the downward spiral of the state's economy is, however, not as clear cut. The January 21 letter noted that the economic benefits of the $37+ billion bond package of 2006 are just now catching their stride, contributing in their own way to stimulating the economy. According to the Treasurer's Office, there are $18 billion in capital outlay projects at a standstill for lack of the state's cash flow, which is caused by the state's budget crisis - fix the budget crisis and $18 billion in projects in the pipeline become "shovel ready." Moreover, the Governor recently reported to President Obama the existence of $44 billion in projects, many of which are not subject to CEQA, that are ready to start construction or place orders as soon as the President's national economic recovery package is enacted by the Congress. Finally, it should be noted that CEQA is the only process at this time for determining appropriate measures to mitigate the impact of these transportation projects on climate change and global warming.

While much hope is being placed on the various economic stimulus plans, the state's cash flow is like a "canary in the coal mine" relative to the state's budget. In December, the State Treasurer, the State Controller, and the Governor's Director of Finance were all in agreement: the state's cash flow is upside-down. Unable to pay the bills, the Treasurer, Controller and Director of Finance, acting as the Pooled Money Investment Board (PMIB), voted to suspend all disbursements for bond-funded projects until the state's cash flow shows signs of recovery. The Director of Finance, in turn, directed all state agencies responsible for bond-funded projects to issue stop-work orders to their contractors and vendors. Sometimes referred to as the "AB 55 Freeze," these stop-work orders have crippled projects throughout the state, including the work of environmental professionals particularly on habitat and ecological restoration projects.

As a bit of history, AB 55 created a financial mechanism employed by the state for borrowing money from the state's pool of revenue sources in order to pay for state bond-funded projects prior to the sale of such bonds. The state's current cash flow is insufficient to meet essential state financial obligations of its various revenue sources and also make loans to pay for bond-funded projects. At the same time, the state's deteriorating credit rating creates unfavorable market conditions for the issuance of state bonds to repay the AB 55 loans in a timely manner. In the meantime, environmentalists are concerned that the curtailment of such projects may lead to irreversible biological and ecological damage.

Unfortunately, this sad saga is far from over, despite rumblings in Sacramento and Washington about imminent bail-out monies. You will have to stay tuned for more updates as our fiscal world continues to churn like an all-too-real soap opera. If you have a question about the issues mentioned in this column - or any other environmental issue you would like to see discussed - please drop me a line at jbrandman@brandman.com.

March 2009 Builder Architect Edition Issue

Mind Your Zones

Balance "Beauty" and "The Beast" to Woo Buyers
By Debra L. Bernard, President
The Bernard Partnership

In the past, a floor plan's beauty was often the measure of its success. But this beast of a market has forced the entire development team to increase practicality and efficiency to attract a nervous buyer. Make it easy for that consumer, exhausted from losing bids on one foreclosed home after another, to come to new home builders on the basis of price. Here are a few ideas for creating single-family, detached homes that get noticed for the right reasons.

Know Your Zones

Up front, save time and headaches by starting with the right architect. One silver lining of this market is that the top industry talents may now have more time to spare. Once your surefire design team is in place, take time up front to get the right ingredients in place.

Throughout the home, be less fussy about expensive details, and come up with one memorable attribute per plan. An efficient plan with one or two surprise design features may win the day.

Next, systematically examine each floor plan's zones - the five critical areas that ensure flawless execution.

Zone 1: Entry Impact Areas

Typically, the living and dining rooms are the home's most traditional areas, so make them stand out from the thousands of foreclosures, resales and other new home competition.

Maximum impact
Use good design, not expensive features, to create drama in this prime area, where guests are entertained and family events staged. Do the fireplace, light fixtures, windows, and volume ceilings coordinate for maximum effect? Does the dining room have space for all that's needed?

Zone 2: Don't Flub the Hub!

Once a place for cooking and watching TV, the open kitchen/family area is now a communications command center. Are your designs up for the challenge?

Tech hub
Include space for a big-screen TV, several computers, and a "tech caddy" area to recharge devices like the Blackberry, a few iPODS, a cell phone, and your son's latest PSP. How about a homework nook, an array of kitchen appliances, and a few comfortable sofas?

Zone 3: The Master Bedroom

Don't be asleep at the wheel here.

Make the master retreat sizzle
Be clear about what each market segment wants, and focus your plans accordingly. First time buyers probably won't require extra space, sitting areas and high-end bathrooms, so keep prices lower with budget-friendly designs. For move-up buyers, the luxurious retreat is still desired. No matter the budget, this area should be a refuge, with adequate closet space adjusted proportionally to the size of the home.

Focus the secondary bedrooms
Your product research will show how the secondary bedrooms will be used - whether for extended family, children, additional work areas, TV, or a mix. Bedrooms that can accommodate the largest number of family uses may be a good strategy for this market dynamic.

Zone 4: Garage Orientation

Make this behind-the-scenes workhorse work for your buyers.

Check garage placement
Different garage orientations, such as swing, split, alley-loaded or courtyard, make for an interesting street scene. Garages positioned at the back of the house or lot can also add curb appeal.

Zone 5: The Crossover Zone

As the glue that holds the house together, crossover areas also deserve attention.

Find the balance
Hallways, entries, foyers, upstairs alcoves and cubbies - these "in between" spaces set the interior tone. Do they have balance and flow, and feel as useful and gracious as the rest of the house?

When you're hoping to create a beauty in a beast of a market, taking the time to ensure your plans are the best they can be is an exercise worth doing. When you're struggling with bankers and financials, don't forget that good design still makes all the difference, especially for the long haul.

About The Bernard Partnership
For more than 25 years, Debra Bernard has maintained an impressive track record of leadership in residential home building. The Bernard Partnership offers a full spectrum of expertise to home builders and related industries www.bernardpartnership.com

February 2009 Builder Architect Edition Issue

Hunt Hale Jones

By Kathy Hrastar
Dynamic times demand dynamic teams. As the economy fluctuates, the building market softens, and consumers embrace sustainability, businesses must respond. The team at Hunt Hale Jones is prepared.

The three principals, Richard Hunt, Dan Hale and Ron Jones, bring more than 60 years combined experience as architects to the table. Drawing on the past successes of 15 years in business in the Bay Area and abroad, the trio looks ahead.

Summerfield in Turlock is an example of the future of single-family developments. Hunt Hale Jones believes innovative pedestrian-oriented and sustainable land plans, which create a sense of place and integrate a mix of housing types at a smaller size and price point, will appeal to future home buyers.

"We do feel pretty strongly about this notion that this is a very dynamic time," says Hunt. "I think it's a cliché to say that opportunity comes from challenges, but I think it's going to be a very, very different landscape five years from now in how housing is provided. I hope the experiences we've had have put us in a position to be ahead of the game in that regard."

Those experiences are diverse. Hunt Hale Jones has garnered awards for its single-family home design, loft projects and community site plans. They transformed an industrial area in Richmond into a live-work community.

Ross Valley Estates is an example of the opportunities to take existing sites and redevelop them into infill housing. A former hospital site, these authentically detailed shingle style homes are consistent with the beautiful and relaxed setting of the community.

This 40-unit condominium, urban infill, transit-oriented development in San Mateo boasts a net density of 40 units per acre. Inspired by the historic Bungalow and Craftsman architecture in the area, Stonegate fits in perfectly with the surrounding neighborhood. Compared to conventional wood-framed construction, the innovative ConXtech structural framing system used in the construction of Stonegate saved time and construction costs.

The company designs in Russia, created a retirement community in Louisiana, and with new opportunities and multiple projects, opened an office in China. "International work has proven very important in our growth right now," says Hunt. "It came back and informed our work here. It did change how we look at design in many ways, cultural things we do to respond. If I'm serving a particular market on the peninsula or the East Bay, are there things I would apply that I learned in China that are culturally appropriate for that market? Not just learning about feng shui, thinking about any market in that manner."

With a net density of 55 units to the acre, this urban infill mixed-use project encompasses an entire city block and includes three distinct courtyard buildings. Alabama Street Lofts in San Francisco delivers a sustainable approach to urban housing with 62 live/work lofts and street-level retail spaces. The project location provides easy access to various transportation options and employment opportunities.

Private Reserve in Livermore combines the finest in family living and sustainable design. These green-rated homes are in the classic Craftsman architecture style with large front porches, portecochere and detached garages. All of the plans have an emphasis on energy efficiency, indoor air quality, natural resources and water conservation.

Addressing the shifting market requires a flexible perspective. It also requires diverse expertise. "We complement each other," says Hale. "We have our own strengths and weaknesses, so we cover each other's bases."

Hale loves to draw. He designs not in an esoteric sense, but in understanding what the clients want and need. "I enjoy the client relationships. As I get to know them - we consider ourselves good listeners - I automatically know what they're looking for, and start to tailor whatever I'm doing to them, versus my own personal perspective."

What Hale designs, his partner Jones executes. "Ron has stepped in to make sure the quality of our work, as it is implemented from our drawings, is second to none. It's really true. We've paid the price for that, in many ways. An awful lot of time and energy goes into the quality of our work, but I think our clients understand that," explains Hunt. For his part, Jones says, "I take pride, probably to a fault, in detailing. My proudest deliverable is to know that we can basically execute everything we design. It's a buildable product."

Completing the triangle, Hunt manages the business side and financials, and leads the firm in land, community and neighborhood planning. "His forward thinking in land planning has been absolutely great for the growth of our firm," Hale says.

Oak Walk is registered as a LEED-eligible urban infill, transit-oriented development located in the heart of Emeryville. With a net density of 33 units per acre, this mixed-use development consists of 53 condominium homes and 5,500 square feet of retail space. Five rehabilitated historic homes that were originally located on the property will be dedicated to low-income housing. This complex development reinforces Hunt Hale Jones' expertise in delivering mixed-use infill projects that benefit the community.

Caffery Cove in Lafayette, LA, will consist of a 23-acre campus-style complex with 200 luxury apartments ranging in size from 900 to 2,200 square feet. The villas and courtyard homes will be scattered around water features that include a fishing and boating area. Other recreational amenities will include a golf putting green and walking trails. The clubhouse itself will be a full-service complex hosting restaurants, banking facilities, convenience store, hair salon, spa, indoor pool and fitness center, locker rooms, business center, library reading room and conference rooms.

That forward thinking extends to sustainability. The company commits to leaving each project more sustainable than it would have been had it not come through the doors. Besides urging clients to lean green, Hunt Hale Jones advocates internally. The staff is encouraged to seek accreditation, and a green team analyzes each project at the conceptual stage, looking for ways to increase sustainability. Plus, Hunt notes, "Working in land plans, you get a whole new pass at it - you can start much earlier."

For the architects, envisioning started early. As a boy, Hunt wandered the construction sites of neighborhood homes, imagining the finished rooms as he stood upon foundations. Hale toured model homes with his parents as they shopped for housing, then drew floor plans based on the brochures. Jones says, "I was a Brady Bunch kid." He emulated the TV architect Michael Brady, and admits he could draw every room in the Brady's house.

Located in prestigious Old Palo Alto, where unique architectural homes abound, this 4,900 square-foot estate home fits seamlessly into the existing neighborhood.

Now, they take pride in the reputation they've earned. Proud not only of the work, but of relationships as well. "I think all of our relationships are symbolic of a greater success," says Hunt. Proud not only of the external, structural communities, but of the internal community as well. "People enjoy working here," says Hale.

At Hunt Hale Jones, community counts. "To go out, five years after something is built, to walk through it, see how it's weathered, see that it still looks good," says Hale. "You see people, see kids playing, see how communities mature, how the landscape has grown. You see that it's a nice place to live. You've given something back. And that is really satisfying."

January 2009 Builder Architect Edition Issue

Do the Bells of BIM Toll for Thee?

With the advent of the abacus, man has created tools to assist with performing advanced functions, a physical instrument to support his multidimensional mind.

Today, we have computers with thirdparty CAD structural design programs, accounting programs with timesheet modules and telephones that include a camera, scheduler/calendar, e-mail, text messaging, MP3 players, walkie-talkies and video streaming. We are an advanced society with many tools (and toys).

Over the years, I have managed construction documents produced by ink on Mylar, pencil on vellum, in CAD and soon under building information modeling (BIM).

A couple of decades ago, we used light tables and pin bars to coordinate multidiscipline plans, overlaying each discipline's plans and identifying the regions of potential conflicts, meeting regularly to discuss the project nuances. Now we upload DWFs and PDFs to FTP sites for final oversight/coordination prior to plan approval.

Even today, the best means to identify construction document conflicts (in my opinion) is to overlay the plans - get all the disciplines (including the trades) into one room and overlay the plans and discuss the possible options/solutions. Communication is the key to project success, and physically comparing notes, exchanging ideas and face-to-face collaboration is best - it has worked well for the past several millennia.

What is BIM? As the acronym suggests, BIM is a tool for communicating information; another physical instrument to ensure we communicate with our fellow design team members in a new dialect within CAD.

Is it another substantial investment of resources (6k per seat and one year's training before producing definitive results) and another layer of isolation between the disciplines/trades?

Is BIM an exceptional resource that transforms complex projects and integrates them into a digestible project through multilevel/dimensional communication?

Do the bells of BIM toll for thee? They toll for the transition of the design industry - now contemplate that!

January 2009 Builder Architect Edition Issue

AB 2738: New Indemnity and Wrap Insurance Legislation

Rampant construction defect litigation in California, combined with the downturn in housing and increasingly difficult insurance market for trades, has stressed relationships between builders and their valued trade contractors. Trade contractorsponsored legislation, known as AB 2738, is the newest twist on legislative attempts to limit contractual provisions between these parties. AB 2738 sets new limitations on indemnity provisions and formulates new, optional "control" provisions for subcontractors in construction defect cases. In addition, it sets limitations on certain aspects of wrap insurance policies, and mandates disclosures of key information on wraps by builders.

Indemnity Limitations

Typical subcontract provisions require trade contractors to defend and indemnify the builder from claims arising out of their work. Prior to AB 758 (enacted several years ago), California law permitted "Type 1" indemnity provisions in residential construction, which required trades to indemnify builders for an entire claim arising out of their work, even if the trade was only partially at fault. AB 758 eliminated Type 1 indemnity, but builders still had the right to indemnity and to recover defense costs from subcontractors whose work was involved in the claim presented.

Under the new provisions of AB 2738, builders may not recover those defense costs, or any indemnity, from trades unless they first tender the claim to the subcontractor. Upon tender, the trade will now have the statutory choice of either (a) defending the claim, or (b) paying a fair share of the builder's defense costs on an ongoing basis during the litigation.

If a trade opts to defend, it has the right to control the defense and use its own counsel, though the statute is unclear how this is to be accomplished or what happens in the event of conflicts between parties. In exchange for the right of control, the trade becomes directly liable to the claimant for damages arising out of the trade's work. If the trade contractor fails to adequately defend the claim, the builder has the right to attorneys' fees and other damages.

If a trade opts to pay a share of builder defense costs, it must pay in a timely manner on an ongoing basis during the litigation. The trade may be billed only a fair share, with the builder absorbing a share of the defense as well as the shares of relevant trades not participating. If the trades do not pay in a timely manner, the builder will have the right to attorneys' fees, interest and other damages based on the contract documents.

At the end of a case, upon written request a builder must reallocate fees paid based on a reasonable allocation among the participating subcontractors. If it fails to do so, or if subcontractors failed to elect, to properly defend or to pay in a timely manner, the parties may submit the matter to the court for a determination of who owes what to whom.

Wrap Disclosures and Limitations

Wrap-up, or OCIP, insurance policies provide coverage to the builder and all enrolled trade contractors. Typical contract provisions require the trade contractors to pay (or offset from their contract payments) a share of the wrap premium, and to pay a self-insured retention (SIR) or deductible for claims involving the trade's work.

Existing law provides wide latitude for these emerging contract and insurance relationships. Trade perceptions of abuses led to the recent legislation, which provides limits on both the premium and SIR aspects. AB 2738 bans contractual indemnification for claims covered by the wrap, and limits SIRs to a "reasonable" amount, which the statute unfortunately does not define. The new statute also requires the amount and method of collection of SIRs to be expressly stated in the contract, and the amount and method of calculation of bid premium payments to be expressly stated in the contract. Finally, the statute mandates disclosure of the nature and types of coverage under the wrap policies, the number of units for which the policies were written, and known information about any prior depletion of the wrap aggregated by other claims.

Comment: These new provisions will require careful reworking of insurance and indemnity provisions in builder-trade contractor contract documents. The indemnity portions of the statute are effective for all contracts entered into as of January 1, 2009. The wrap disclosure provisions are effective for all projects commenced as of January 1, 2009, meaning that the disclosure provisions may be effective for projects already in contract. Because these provisions impact indemnity and insurance requirements, we strongly recommend that you consult with knowledgeable counsel to ensure that your contract documents are adequately updated to address these new limitations.

January 2009 Builder Architect Edition Issue

Turning Point

This past summer, I slid into a crisis of meaning. At the empty core of it all was architecture. An editor at a flashy European magazine kept asking me to write about the world's most attention-getting buildings, and I obliged, partly because I like to oblige and partly because he paid pretty well. But I felt increasingly sickened by the slickness of the facades and of the architects I interviewed. In writing about those buildings, I felt as if I were doing the devil's work.

It seemed clear that I'd strayed far from the purpose I had once established for myself-shining a spotlight on people who strive to make the world a better place. I had aimed to be a conduit for their passions, spreading their fire to readers. In Builder/Architect, I profiled several architects working with integrity and determination. Although that felt meaningful for quite some time, in July I fell into a dark psychic hole and didn't know how to get out. A gray dreariness settled over me, a fog that wouldn't lift. I couldn't find the fun in anything or the point of it all.

Then, writing three Builder/Architect columns about the late Iranian architect Nader Khalili gave me the positive jolt I needed. How lucky that, in the midst of despair, I could "spend time" with a man who made it seem essential that we each define quests for ourselves. As I watched him speak about quests in a videotaped lecture, tears streamed down my cheeks. He made me ache for the sense of purposefulness I'd once had but had somehow lost. Where had it gone? How could I find it again?

The answer, Khalili said, was most likely right in front of me, in a place so obvious that I'd been overlooking it. I considered that. Perhaps a sense of quest had been with me all along but had gotten buried under daily deadline concerns. If I stopped working so hard, could I still recognize it? It dawned on me that it wasn't enough to define a quest and then stow it in a closet; I needed to keep reexamining my quest and to nourish it, as one nourishes a plant, or else it would wither. In truth, I'd stopped feeling that it was even important for me to have a quest. But Khalili conveyed a sense of urgency about the matter, and that lifted my spirits immensely.

In September I vacationed in Los Angeles, and although I enjoyed myself, the sterility of the climate-controlled architecture oppressed me. Visiting friends, I spent hours in air-conditioned houses. As I left those hermetically sealed, look-alike structures, I longed for something real.

What a relief to tour Khalili's desert compound, two hours northeast of Los Angeles. With earth-filled bags, he and his students built structure after structure, proving his idea about sheltering the poor by using the earth under one's feet. When I gazed at the collection of buildings, I had ample visual evidence of what it means to pursue a quest for decades. I felt I had finally made contact with something that mattered. The dusty desert and the hand-built, irregular structures were as real as it gets.

I took dozens of pictures and disseminated them to several people in my life, many of whom don't care much about architecture. Such enthusiastic responses came my way! Khalili's architecture-and all the possibilities it represented-clearly touched something deep in them, as well.

If slick, soulless architecture had taken me to a low place, rugged architecture had brought me back to where I wanted to be. Writing about architecture has exposed me to two extremes. On the one hand, this profession has an astounding capacity for artifice, doublespeak and selfishness. On the other hand, consider the architects I profiled in the outsiders series. Malcolm Wells explored ways in which earth-sheltered buildings heal the environment. Kathryn McCamant and Charles Durrett showed that people in cohousing communities can create vital social networks while sharing resources, thereby living more lightly on the planet. Kelly Lerner took it upon herself to provide well-insulated straw-bale buildings for poor and homeless populations in Mongolia and China. And then there's Khalili.

These architects carved out space and time to think about what people really need and what the planet requires. These visionaries also held true to an inner fire that never flamed out, as mine did last summer. Sure, they faced plenty of frustrations and discouragement, and occasionally they questioned the sanity of their quests. But they always returned to their core purpose, relying on the following engines:

outrage at all that's wrong with the way we build
a sense of responsibility for people and the environment
confidence that their creative solutions could work
commitment so strong that they threw themselves into the effort, sacrificing quite a bit and holding nothing back

These architects have shown me what it's like to live one's beliefs and to pursue goals doggedly, without regard for convention. As truly original thinkers, they've also demonstrated that being true to oneself means tapping into personal potential-one of the world's most powerful forces. These people have served as my touchstone, helping me to shape the life I want to live.

This is my last Builder/Architect column. It's been a terrific two years, and I'm grateful to everyone at the magazine, as well as my readers. Here's hoping you find a bounty of creative freedom.

For past columns, go to www.evekushner.com and click "On Building."

December 2008 Builder Architect Edition Issue

IBIS: Sustaining Incomparable Green Practices

Steven Sheldon-architect, designer and developer-was knowledgeable in the ways of building green before the phrase was even coined. Exploring the relationship between the built environment and the natural world was an essential part of the curriculum when he was studying architecture at the University of Southern California in the late '60s. "Of course, the terms 'green building' and 'sustainability' didn't exist back then; the word used in those days was 'ecological'," he recalls.

A partner in IBIS, a green develop/design/build firm located in Sebastopol, Sheldon graduated with his architecture degree in 1970 and went right into designing and building. "I always liked to make things with my hands and I enjoyed the relationship of working with tools. I found early on that there's a relationship between how something is built and how it's designed in that the aesthetic really grows out of the tools that are used and how they are used."

Renowned for their innovation, practicality and sustainable beliefs, IBIS (an acronym for Intelligent Building = Integrated + Sustainable) specializes in mixed use office/retail/residential space development and construction.

Combining his love for the hands-on with the lithe skills of a designer over the 30 years he's been working in the industry, Sheldon is an expert on green and sustainable design and construction, including the use of solar power, radiant heating and cooling, graywater recycling and bio-remediation. The company's stated philosophy is to "build environmentally friendly and sustainable live/work developments that integrate a sense of community and respect for renewable resources. We believe in our responsibility to develop building projects that conserve and create energy, maximize the use of renewable resources and minimize the need for maintenance over the life of the project."

The "integration" in the firm's name arises from the practice of bringing together all parties involved in the development-from investors, neighbors and architects to contractors, engineers and city officials-at the start of each project to ensure open communication and capitalize on opportunities.

Some of the recognizable sustainable building concepts incorporated into IBIS jobs include using sustainable materials, an advanced graywater system to recirculate water, radiant heating in floors and passive cooling systems, highly energy efficient appliances, and bio-remediation techniques to treat pollutants in storm water runoff. In fact, all IBIS builds are LEED-certified.

The majority of the company's handiwork lies in Sebastopol and within the Sonoma County area. "We look at projects in the immediate area because I'm very familiar with it. I understand how complicated and how sensitive the economics can be in the area," Sheldon says.

While developing land and building schools for a nonprofit group, he learned an essential truth. "It became clear to me through that process that there's a three-part relationship with anything that gets built: the design part, the construction part and the financial part. Finance people have said to me, 'Oh, you're the architect and that's the creative part.' But what I've found is that the creative ideas have to happen in all three areas, and you really have to nurse all of them along at the same time. Those things have equal value to me in terms of creativity."

For the team at IBIS, the full scope of develop-design-build includes overlap in each discipline and their continued involvement in each phase. Site identification and analysis kicks off the process, determining the potential for a piece of property, dependent upon its relationship to the environment, the political climate of the community and other factors. From there, the project design coordinates closely with the economics portion. Then construction commences. A primary reason they stay involved in the construction is their ability to identify and adjust or outright change issues that were undetected in the design phase but that ultimately improve the final product.

"Wearing my developer hat, what I do is look for opportunities and look for a specific parcel-either one that's vacant or one with something on it-to transform it and take it to its highest and best use. A contribution to the community," Sheldon says. "I've worked on institutional, educational and other types of projects. So it's not really the type of the project as much as it is the process and the goals of the development process that get me excited." That same drive and enthusiasm permeate all the work that IBIS does.

IBIS is located at 781 Dufranc Ave. in Sebastopol, CA 95472. Call (707) 823-6331 or visit www.ibisbuilds.com for more information.

December 2008 Builder Architect Edition Issue

Topos Architects

Designs With a Sense of Place

By Kay Wilthew

Great designs are an orchestration of architectural character and the surrounding environment. Every structure Peter Baltay and his team designs blends talent with technology to capture the personality of the people who will live and work there. Architecture is more than wood and stone, and Northern California's Topos Architects create more than just beautiful buildings - they create a sense of place.

The staff of Topos Architects (Photo by Bruce Schneider)

"More and more, I feel that our buildings are rooted in their place," says principal architect Baltay. "Nothing we've done could be transplanted someplace else, either physically or even for different people." Each structure retains individual and unique characteristics that fit its environment and the people for whom it was built. "It's so important to a functioning, healthy society to have a sense of place."

The company's unusual name derives from the Greek word meaning "place," which when compared to "space," has much deeper meaning, just as "home" signifies something more than "house." "Topos represents to me the quality of where you are, where you come from, where you're going and what your hopes are. We strive to understand the essence of where it is."

Heavy timber posts and beams frame sublime views of the San Francisco Bay while showcasing their mortise and tenon joinery. (Photo courtesy of Topos Architects)

Topos Architects' services include thorough, high-quality, custom-only design processes to guide the client through all phases of a project. Design services are supported with exceptional construction management, monitoring and

budget tracking. "We have very good relationships with the suppliers and the men and women actually doing the work, so we can assure our clients they're getting good quality."

The heart of the house, the cleanly detailed anegre and granite kitchen, is visible from throughout the home. (Photo courtesy of Topos Architects)

Floating cabinets, cantilevered stair treads and lots of natural light keep this home spacious and alive.(Photo by Bruce Schneider)

Baltay launched his career by opening a deck-building business with some friends, and together they worked their way through graduate school. "We weren't necessarily being profitable, but we always had a lot of fun." But Baltay took seriously the need to understand structural elements and construction, and earned a master's degree in structural engineering. "In the end, I wound up in graduate school in Seattle, worked for an architect for a time, and then a client in Northern California called asking me to build a house. That was the beginning of the company I have today."

His first house project engrained in Baltay a sense of responsibility to the project and the workers associated with it. "Building wasn't just putting people on the project; it was to lead and conduct, compose the music and get good people around you to play it. It's been a work in progress determining the right amount of build in the design-build mix. We want to be responsible for producing great designs. Every step, every detail is important and we need good people to help us execute these designs."

A secluded tower studio is nestled under the oaks while looking out over a roof deck and Tomales Bay. (Photo courtesy of Topos Architects)

Baltay greatly respects the specialization required of their structural engineering partners, and draws on his engineering background to comprehend the concepts. "Engineers love it when they can interact with us. It makes for a positive working relationship. We may ask them to make a thinner floor structure, for instance, even if that means looking at some different kinds of material. So, the structural engineering background helps, but it may be more the mental rigor of learning how to think like an engineer. It's a valuable component in my life and in running my business."

Topos Architects has also been a driving force behind the creation of the Agile Waves Resource Monitor (agilewaves.com), which measures building energy consumption, providing real-time feedback to occupants and owners. "If we truly want to be more environmentally conscious," says Baltay, "we need to reduce our energy consumption. It's that simple. Being green is really about using less and being more efficient."

Glass floors, walls and ceilings allow daylight to flood the interior. (Photo by Bruce Schneider)

Topos Architects' clientele fluctuates between commercial and residential clients, all of whom share a common desire for well-executed, high-quality design. "Something about projects we've done resonates when there is some quality to the spaces or finishes that fits. The ideal client wants to interact with us as we go through our interactive design process, is willing to engage at that level, and be open to new ideas. We're bursting at the seams with creativity. The ideal client can appreciate this and wants to explore with us."

The five-person design team is encouraged to gain experience in every facet of the project. "Every aspect of professional work is put on any given person's plate. In the space of a week, a designer may do schematic designs, construction site visits or contract negotiations. It takes a certain kind of person who can swim in that environment." The reward is a harmonious, flexible working environment.

Fir balusters extend through stair treads. The beautiful masonry and precise carpentry express the best of each craft graciously. (Photo courtesy of Topos Architects)

Baltay's own reward is the relationships he's cultivated through many years of shared experiences. Topos Architects' central Palo Alto location makes the office a natural gathering place, and it's not uncommon to find subcontractors, suppliers and clients stopping by to interact in the casual atmosphere. "All of a sudden, you see the creative process taking place in a different way. The client recognizes that the subcontractor is working hard because he believes in the project; the subcontractor realizes his client is a real person. We begin to understand everybody's views. This is part of what we do; we bring together all the forces to make really great buildings."

Topos Architects is located at 450 Kipling St. in Palo Alto, CA 94301. Call (650) 327-7573 or visit toposarchitects.com for more information.

November 2008 Builder Architect Edition Issue

Spreading the Fire

Last Part in the Outsiders Series

Two months ago, we saw how deeply the late architect Nader Khalili (1936-2008) revered clay. He aimed to rebuild parts of the world out of clay, firing it like pottery for greater stability. That way, he could provide safe, low-cost shelter for the poor.

His second memoir, Sidewalks on the Moon, expresses his feelings about clay: "This simplest of materials could mold any dream into any form and structure. It could become a water jug by one mind and a palace or even a whole city by others. The material is always the same. It is the way of molding that is different. Ultimately, it is the molder that makes the difference."

One senses that he's talking not only about clay or about his own visions. Rather, he's talking about all of us - the potential in every person to shape and follow lifelong dreams.

Indeed, it wasn't enough for Khalili to embrace and adhere to his own quest. He sought to send everyone down that road. Quoting the 13th-century Persian poet Rumi, Khalili would say that if you wake up without a quest, it's a waste of a day. Just as Khalili wanted to provide for the economically impoverished, he wanted to help the spiritually impoverished - anyone lacking a sense of deep, driving purpose.

To think that everyone can have a quest, not just the special few with social or architectural visions, is democratic to say the least. It's also highly unusual for a visionary to think in such an egalitarian way.

People flocked to Cal-Earth, Khalili's compound in the Southern California desert town of Hesperia, to learn about earth architecture. According to his widow, Iliona Outram, his main goal at Cal-Earth was to "create an ambience of inspiration." And it worked, she said, marveling at all the visitors who found him inspiring, encouraging and compassionate. She notes that in earlier days, it wasn't architects but rather ceramicists, writers and even homemakers who traveled to hear him speak. Clearly, his message transcended the limitations of any one profession. Outram told me, "What Nader started is an energy in this world."

Khalili, who wrote and lectured prolifically, often spoke of what a quest is and how to pursue one. The necessary precondition is thirst of a metaphorical sort. Quoting Rumi, Khalili would say that parched lips will drive you until you find a fountain.

But it's not enough to thirst for just anything, said Khalili, noting that daydreams about becoming rich, famous or sexy are only wishful thinking. A quest is different, he said. A quest is what moves you. A quest is a sense of purpose. "No one can prove there is any meaning to our existence," he wrote. Nevertheless, he felt that a quest can make life more meaningful.

A quest should concern something beyond the self, Khalili believed. "My quests became more meaningful when my goals met with others' needs and goals," he wrote in Racing Alone, his first memoir.

Extending this notion of relating to others in a cooperative, productive way, he eschewed competition. He was fond of asking, "Why do we need to race each other constantly?" At 38, after achieving considerable success by designing skyscrapers, he dropped out of the rat race. He noted that as he followed his dreams in the latter half of life, "The joy of discovering and the ecstasy of creating brought with them a greater sense of achievement than any success I had gained before by racing and competing." By ceasing to focus on racing and competing, everyone can access an "endless reserve of strength," he said. Moreover, if you compete only with yourself (that is, race alone), you always come in first.

As he sought to inspire others with a sense of quest, he set the bar low and offered frequent reassurance. Khalili said not to worry if you haven't figured out what your quest is: "A lot of times, the treasure is right in front of us," only we're in too much of a hurry to recognize it. Be around those who have the right energy and the right spirit - that is, people doing purposeful things. Get involved in something. Eventually, you'll find your quest "Having a quest is the key to all your desires," he said. "It doesn't mean the quest will come true. Just having it is important."

November 2008 Builder Architect Edition Issue

Money in the Bank

By Bob Massaro

What if every time you opened a bank account there was already money there waiting for you, ready for you to use? Such is the case for those who choose to renovate, restore or adapt and reuse structures of historical significance. Those with initiative and vision who practice historic preservation sustainably are able to capture and "reuse" the embodied energy of these structures, in effect to collect this "money in the bank."

Embodied energy is the energy required to harvest, manufacture, transport, fabricate and install the materials of construction. Twenty percent of the energy that buildings consume in their lifetime is the energy associated with the original construction of the building. Those of us who practice sustainable design and construction work hard to choose materials and methods of construction that have low embodied energy. If the building is already built, its embodied energy already exists, and thus would not have to be "consumed" again.

For many years I was enamored with classic yachts and boats (actually, I still am). Their gleaming mahogany or teak brite work, plumb bows, round bottoms and bronze hardware are movable works of historic art. But they lack many of the technological features of modern yachts and boats. The classic yachting aficionado gives up modern comforts for classic beauty.

The classic beauty of historic buildings present similar rewards and challenges. Some, though not all, were poorly insulated, drafty and leaky. Their old wood structure and trim features were prone to dry rot. Windows were often single glazed and poorly waterproofed. Fireplaces would suck combustion air from distant rooms, making them colder. Lighting, heating and cooling could be of poor quality or inefficient.

However, the preservation world now realizes that there are sustainable solutions to all of these issues. Classic homes and historic buildings can be beautifully restored in a sustainable manner. Spray foam insulation (e.g., Demilac or Icynene), new dual-glazed window packages installed in classic window sash, fireplace inserts with outside combustible air intakes, epoxied and other composite repair of rotted wood, sistered repairs of shagging floors and ceiling joists, zero-VOC paints and stains and more are all among some of the solutions that reduce energy consumption and improve the overall sustainability of historic structures. Lastly, beyond the physical sustainability of reusing older buildings, those who choose to take on such a project, and to do it sustainably, are contributing to the continuity and quality of life in their community.

I must confess that I did not always appreciate the opportunities presented by capitalizing on the embodied energy of historic structures. It was only through the efforts of three women in my community, three historic preservationists, who made the effort to educate me, and sometimes hit me upside the head, that I came to acknowledge and appreciate the benefits of historic preservation.

But once I opened my eyes and ears, I realized that true environmentalists look at every opportunity to fire their passion, even if this opportunity has been waiting for decades.

For additional information about sustainable historic preservation, please visit californiapreservation.org.

November 2008 Builder Architect Edition Issue

Need to Defer Fees? Check Out AB 2604!

Finally, some good news for residential developers! Just before the budget-driven moratorium on bills in August, the governor signed AB 2604, which allows local agencies to defer the collection of development impact fees to the close of escrow. Since most developer fees are collected when building permits are pulled, this bill will give home builders at least temporary relief from new construction fees.

California Government Code § 66007 prohibits local agencies from collecting developer fees until final inspection or upon issuance of a certificate of occupancy. However, do note that fees may be collected before building permits are issued if the agency determines they are for improvements for which an account has already been established, funds appropriated and when a proposed construction schedule has been adopted - these requirements can be met by adoption of a capital facilities plan. Historically, the majority of jurisdictions routinely make the statutory determination necessary to collect fees when building permits are pulled. However, dozens of cities and counties have postponed collection of developer fees until the final inspection or certificate of occupancy to help home builders with cash flow problems. The Building Industry Association has been a particularly visible and outspoken advocate of this concept.

AB 2604 amends Government Code § 66007 as of January 1, 2009, to "allow" local agencies to collect impact fees at the close of escrow. The law allows the local agency to require the builder to execute a contract to pay the fee, recorded against the property and enforceable against successors. One additional caveat is that this new trigger point does not apply to school impact fees.

The ability to defer fees from certificate of occupancy to close of escrow would ordinarily not make much of a difference to builders because an escrow generally closes immediately after the issuance of an occupancy certificate. However, current cancellation rates are running as high as 60% in some markets, leaving builders with huge unsold inventories and carrying costs that include impact fees of $100,000 or more in some jurisdictions.

Despite all the bad economic news, AB 2604 at least gives builders some limited relief from fee payments. I believe that it is in your best interest to check this option with your jurisdictions if you are facing upcoming fee payments.

November 2008 Builder Architect Edition Issue

The Five Most Overlooked Mistakes in Marketing

The marketing and promotion of any product or service in the building industry can be challenging. The objective should be to have your marketing budget generate the greatest possible return on your investment. Sounds simple enough. So, then why do many marketing plans fail to achieve this critical objective?

To help guide you down the right path, we have compiled a list of the top five less obvious marketing mistakes we see companies make most often.

NO. 1: 'WHO CARES' COPY

Take a look at all of your marketing materials - brochures, direct mail, website, print advertising, collateral materials. How many times do they say "our," "us" or "we"?

The problem with most copy is that it is "who cares" copy. In other words, if the copy is riddled with "our," "us" and "we," then it's all about you. Switch the focus of your copy to the reader by changing the copy into "you," "your" or "yours" copy. This simple adjustment has a much better chance of pulling your reader in.

Too many companies focus on themselves rather than the needs and wants of their prospective customers. Features are about you; benefits are about your prospective customer. Benefits are the compelling advantages your product or service provides. So, when creating advertising campaigns and collateral materials, always lead with your most compelling benefits and then support those benefits with the features. Features don't sell, benefits directed to your reader do.

NO. 2: YOUR VISUALS ARE OBVIOUS AND NOT COMPELLING

We see it all the time - the predictable stock photo or, worse, the even more predictable (and often cheesy) clip art. These visuals are so obvious that no one pays attention. And very often, they reflect a poor image of your company or product.

Visuals are very critical components of your marketing messages. This is not the place to get cheap or lazy. This is the place to be creative and shine.

NO. 3: NOT ENOUGH DIRECT-RESPONSE ADVERTISING

Brand advertising tells your target audience about your company, products and services. Direct-response advertising provokes a response. Successful advertising does both. Always include a strong call to action. Typically, prospects will respond if there is a compelling reason to do so. Get creative, and be sure to create a sense of urgency - you want to hear from your target immediately.

NO. 4: TYPE THAT'S TOO HARD TO READ

You can write the most compelling copy possible, but if your final type is too hard to read, it will simply die on the page. Take a look at all of your marketing materials. Are you breaking any of the following rules?

- type smaller than 10-point
- more than two lines of centered type
- type that's justified on both sides
- more than three lines of reverse type
- sentences longer than 15 words
- paragraph blocks that are more than six lines long

If you answered yes to any of the above, chances are you are losing readers. We do recognize that there are exceptions to the above rules, but for the most part, if you want people to read your text, make it clear.

NO. 5: BUYING THE CHEAPEST MEDIA, NOT THE BEST MEDIA

Do you base your media decisions on the lowest-priced media available? If you were to do a detailed analysis, you'd probably discover that you're not saving money at all. You're probably losing opportunities to effectively market your company. And, you may be hurting your overall brand image.

Cheap media is cheap for a reason. You should buy media that best delivers your target audience, offers the right association for your brand and is respected within your market niche. Then, to be sure, you should test everything you do, so that you know what works and what doesn't.

Watch out for these less obvious but very common marketing mistakes. Take a close look at your marketing programs and see how many you are making. If you correct them, we guarantee you will see a difference in your marketing results.

November 2008 Builder Architect Edition Issue

Covarelli Custom Builders

Covarelli Custom Builders Leverages a Tradition of Expertise

By Russ J. Stacey

You could say that Anthony Covarelli possesses a construction industry pedigree. A third-generation general contractor, he got his start working as a union apprentice in a custom cabinet shop that produced both residential and commercial cabinets. After several years of building for clients such as Safeway and Whole Foods, he took advantage of a project management position building mission-critical clean rooms and network operation centers. "You could say I have a very diverse background in carpentry," he says.

Anthony Covarelli, Owner of Covarelli Custom Builders (Photo by Bruce Schneider)

Starting a firm with his brother, they did kitchens, additions, remodels and light commercial construction. "It had the same company name that my father used: Covarelli Construction. And that was great for the three years we did it, but we went our separate ways with my brother accepting another offer. However, it gave me an opportunity to look at what I really wanted to do. So, I started my own firm." Covarelli Custom Builders was founded two-and-a-half years ago to help clients realize their custom-home vision.

They handle every component of residential - "building from the ground up" - as well as doing light commercial, including mixed-use projects. Covarelli points out that they often tackle varying, overlapping jobs: a full custom home here, a major remodel there. His goal is to build the company to a level where they can handle 10 or more homes at a time with multiple job sites and multiple homes in different areas.

Every detail in design and implementation is carried out with the highest standard of craftsmanship. (Photo by Bruce Schneider)

"We specialize in higher-end work because it gives us an opportunity to showcase our impeccable craftsman ship. We refuse to compromise quality, and quality takes time," he explains. "I don't compromise with my subs either to save money. I feel I've got the best sub base in the Bay Area because I only hire the best. We understand how to dig the ditch and build the piano that goes in the building once we're done. And we take pride in every aspect of the trade layout, pouring the concrete, framing, everything. By taking full responsibility of production procedures and managing projects from start to finish, we eliminate costly errors."

This kitchen was designed by Covarelli Custom Builders to house every element of a true gourmet kitchen. Traditional beauty and space utilization was the main focus; the island alone is home to a prep sink with a disposal, cook top with a down-draft hood, a warming drawer and a microwave. (Photo by Bruce Schneider)

Partnering with clients to tailor the most aesthetic and functional designs, Covarelli Custom Builders' services include preconstruction, design and construction. The in-house design team, which occasionally works with outside designers, offers the best in everything from contemporary to traditional styles. And true to his desire to remain diverse, Covarelli doesn't hesitate to undertake such customization as age-in-place construction, building several homes sans barriers for retired couples: one floor, wheelchair accessibility, wider hallways, shower curves and easier access to bathrooms.

Working closely with engineers to design a solution, Covarelli Custom Builders were able to remove a sheer wall to display the beautiful view from the kitchen. The custom cabinetry was designed with a contemporary European look and built with traditional face-frame construction. (Photo by Bruce Schneider)

Oakland Hills, Lafayette and the Diablo Valley have been the main service areas for Covarelli Custom Builders, but they are starting to make inroads into places like Los Altos and Mountain View. "I'd eventually like to do more work in this area because of its custom home density and our clients' need for only the highest-qual ity construction methods. I've always wanted to be very flexible with the projects we take on, and if that means traveling to new areas and experiencing new things, we would definitely travel out of region or out of state."

This design features double Kohler wall-mounted faucets and a ceiling-mounted tub filler. (Photo by Bruce Schneider)

Covarelli credits his apprenticeship with helping to provide him the necessary solid footing to own and operate his high-caliber company. There, he was the beneficiary of hands-on training from instructors well versed in carpentry, framing, cabinetry and other aspects of the trade. He considers his extensive finish background a powerful advantage over other builders. "We have the knowledge to see what's possible at the preconstruction stages. We have the foresight to work with engineers and architects on details that might not necessarily show up on the prints. And what we can do with trim work is amazing. Being able to stay open and creative and really listening to a client's needs is essential."

The natural cherry panels are sequenced to match the kitchen and installed with a stainless steel inlay to maintain the modern look of the custom granite mantel. (Photo by Bruce Schneider)

Reflecting on the position he's attained, the custom home builder knows where he comes from and knows what makes him successful. "I feel like it's just been a great ride. I've had the great pleasure of working side by side with the best craftsmen in the industry, including my brother, who is the greatest man I know. My father was a general contractor, and even though I was only 7 when he died, I saw the impact he made on others and the buildings that he built. Just about every customer that we've done projects for, they're like family to us. For me to look at where I am right now is definitely a proud moment with these relationships that I've built and what we've built as a team."

Covarelli Custom Builders is located at 1950 Olivera Road, Suite B, in Concord, CA 94520. Call (925) 420-6119 or visit covarellicustombuilders.com for more information.

October 2008 Builder Architect Edition Issue

Burning With a Visionary Fire

Part Nine in the Outsiders Series

Visions came with astounding forcefulness to Nader Khalili (1936-2008), the Iranian architect I introduced last month. After leaving a successful conventional practice at 38, he devoted his life to a core vision - building clay houses for the world's poor and firing those houses for stability, as one fires pottery.

A passage from his second memoir conveys the power and passion of his imaginings: "In my daydreams ... I can sculpt the interior of a room in a house, or even the entire house, paint the surfaces with decorative figures and calligraphy of Persian poetry, then fire the spaces ... It will be an integration of the arts of landscaping, sculpting, graphics and 6,000 years of ceramics and earth-architecture into one single house."

Khalili had no shortage of ideas. He planned to stabilize eroding Los Angeles cliffs by firing them until they turned into rock. He developed superadobe - structures made from earth-filled bags. He spoke to NASA about lunar architecture and tried to convince Los Alamos scientists to provide technology that would start fires on that airless surface. In Los Alamos, he fretted about the city planning and made a speech there to rectify the situation. He planned to broadcast information into disaster zones so people could immediately learn how to create emergency shelters.

Other visionaries we've met seem to have blazed a straighter path than Khalili, who followed his passions wherever they led. A prolific public speaker, he lectured without notes, frequently quoting the 13th-century Persian poet Rumi and jumping from one Rumi story to another. Khalili's memoirs were similarly nonlinear. He once wrote that the idea of documenting his long quest for earthen architecture seemed "horrendous ... since I have always run away from detailed and chronological work, avoiding anything that takes away the luxury of leaping from thought to thought and dream to dream." The applications of his idea kept changing, but his core vision of low-cost, earthen houses for the poor remained steadfast. According to his widow, Iliona Outram, he was forever committed to their needs. Because of that, she says, "He really could never lose his way."

A heart attack at 48 brought home just how much he valued his central idea. Living under new health restrictions, he contemplated postponing his work and wrote, "God, to abandon all that is to abandon life itself. I feel I am letting down the whole poor population of the world, as well … If I can get the scientists to cooperate with me to fire and melt the earth into forms and spaces, then I could build and build and thus end the problem of homelessness for millions."

His quest gave him the tenacity to overcome obstacles. With a quest, one becomes fearless, he said. It helped that he had a fighter's instinct, born from a childhood in a tough Tehran neighborhood. To prove the validity of his earth architecture concept, he established his compound, Cal-Earth, in the Southern California town of Hesperia so he could build near the San Andreas fault and meet some of the world's toughest codes. He explained, "If what you want is in the lion's mouth, then you have to go into the lion's mouth to get it." He did feel dejected after frustrations but never lost faith, says Outram.

And he partly realized his vision. In 1998, his houses passed the California codes. After the massive 2003 earthquake in Iran, two student associates built prototypes of his architecture there. Even posthumously, he's getting results. Outram, who now runs Cal-Earth, says people continue to express interest in his ideas. She feels that the world is still listening to his message.

Khalili had written, "If I can prove that to build with soil or rock is valid on the moon, it will become valid on the Earth." Similarly, if he could sell his idea in the West, third worlders could gain new respect for their own building traditions. He noted, "This route may seem to be a very long and twisted road, but I feel confident it will get there."

He wrote, "The search itself has become more important than the answer." That must be why his life path looked less like a straight road and more like a firecracker, with heat and light shooting out in all directions. Nevertheless, one flame always burned at the core.

(To be continued ... )

October 2008 Builder Architect Edition Issue

It's All About How You Say It

Developing the proper marketing mix is critical to the success of any advertising program. Newspaper and magazine, television, radio, Internet, direct mail and outdoor advertising can all be effective media for delivering your message to your target audience. But if your message doesn't move your prospects, your advertising is destined for failure. When crafted right, your creative message can deliver incredible results, no matter which vehicles you use.

So, what does "crafted right" mean? Let's outline the critical elements of successful messaging and what you can do to dramatically increase your advertising response.

ATTRACT ATTENTION

If you can't attract the attention of your prospects, it really doesn't matter what you have to tell them in your advertising because they'll never get far enough in to read or hear it. Make sure you know what your customers want. Just think about the most important benefit you have to offer, as it pertains to your prospects, and focus on that. And remember, this benefit must be something your prospects really want, not what you think your prospects might want. Do your homework, because if you get this one wrong, chances are, your advertising won't work.

In print, most attention is generated in the headline. Words alone can attract the prospect's attention. But, when you combine a powerful headline with an eye-popping visual, your ad has the makings of success.

Be careful not to get too clever. Get right to the point and try to make your headline no longer than seven words.

PROVOKE INTEREST

Now that you've captured the prospect's interest, you must now hold that interest with important information.

The use of simple images and/or photos that support your message is very critical. It helps you get your message across faster. When using photos, try to include captions whenever possible. Captions tend to get read more often, so, make sure the captions are equally relevant and powerful.

Short, simple sentences hold interest best, as does copy that's believable and presented in everyday language. Prospects tend to tune out clichés such as, "We are committed to providing the ultimate in service and quality." Instead, you can make this same point by saying, "We have hundreds of satisfied customers, and we stand behind each one of them with the best warranty in the industry."

CREATE DESIRE

Excite prospects by helping them imagine what it would be like if they owned your product.

Create the visual benefits and build their desire to live in one of your beautifully crafted homes. Paint a picture of what it would be like for them and their family - sitting in front of the beautiful stone fireplace, taking long walks in the nearby park, relaxing in the Jacuzzi tub after a long day. Build desire by focusing on benefits, not features. A feature tells the prospects what the product has. Benefits, on the other hand, tell your prospects how that feature improves their lives.

INDUCE ACTION

Now that you've got your prospect's attention and interest, the final phase may be the most important. Be sure to say what you want them to do and when you want them to do it. But it's not good enough to say, "buy now" or "come by and see us today." You must give them a compelling reason to do so.

An effective call to action must be clear and direct. In addition, make sure that it's relevant to the needs of your prospects, consistent with your product and/or brand, and most importantly, make sure it provides a sense of urgency for the prospects to respond now.

Now that you have an understanding of the basic elements of effective advertising, you'll be able to craft a message that not only grabs your target audience's attention, but also compels them to do business with you. Good luck!

October 2008 Builder Architect Edition Issue

SB 375: How Your Legislators Are Spending Their Summer Vacation

July is usually a quiet month in the State Capitol, and this past July was no exception, despite the fact that the state faces another dramatic budget deficit - $16 billion against a general fund budget of $101 billion. State paycheck cuts to minimum wage and layoffs are threatened, public safety nets are unraveling and vendors to state agencies aren't getting paid. Is it only a coincidence that most of the state was also on fire in July?

The Legislative summer recess, especially in the second year of the two-year session, is when a lot of important work behind the scenes produces some important legislation, the most important of which, this year, appears to be SB 375, a bill that could change land-use patterns throughout the state by requiring mitigation of global warming impacts through CEQA.

SB 375 has been characterized by some as the most important land-use bill since the Coastal Act of 1976. The author, Senator Steinberg, has boasted that it is a comprehensive measure intended to be the land-use platform for AB 32 global warming planning at the regional level. Although the recently negotiated agreement on SB 375 is not in print yet, the major themes include:

- Establishing regional greenhouse gas (GHG) targets through the regional transportation planning process (the bill applies only to the 17 largest metropolitan planning agency jurisdictions);

- Guiding local land use decisions through a "sustainable communities strategy" (SCS);

- Amendments to CEQA to encourage infill development and projects consistent with the SCS;

- Transportation funding preferences for projects consistent with the SCS; and

- Realigning the Regional Housing Needs Assessment process with the Regional Transportation Planning process.

The bill includes various "benefits" that are intended to encourage or entice development projects that have a beneficial effect on global warming. Among other things, the CEQA benefits are expected to:

- Eliminate the need for GHG emissions analysis and growth-inducing or cumulative impacts for cars and light trucks associated with a residential or mixed-use residential project that is consistent with a CARB-certified SCS;

- Alleviate the need for environmental documents to analyze reduced density as an alternative to address the effects of cars and light-duty trucks generated by the project on global warming or the regional transportation network or to address growth-inducing impacts; and

- Entitle qualified "transit priority projects" (as defined) to either a CEQA exemption or streamlined analysis.

Clearly, this is an important bill that real estate professionals, developers, planners, architects and builders need to be watching as it continues its march through Sacramento and (quite possibly) into your region soon.

October 2008 Builder Architect Edition Issue

Boomer Exodus and Generation Next Shock Wave

Starting in 2008, hundreds of thousands of baby boomers (76 million born 1946-1964) will begin to retire, starting the largest exodus out of the workforce by a single generation. As Generation X/Y professionals enter the business world while the boomers leave, the impact is a mega trend for business success or failure.

INDUSTRIAL BOOMERS AND DIGITAL GENERATIONS X/Y

We can identify better ways to work together by examining brain-style differences. Use this comparison of industrial and digital brainwork styles to explain experiences you have had with employees, as well as to identify your own work patterns.

BOOMERS: THE INDUSTRIAL BRAINWORK STYLE

Most industrial thinkers grew up and learned how to work before the computer revolution. Their preadult life had little or no computer applications. They are more people oriented and less technologically savvy.

They find it difficult to learn new technologies and stay with still-functioning computer equipment until they must change. They fall into two camps: those who dislike computers and those who use them as a work/life tool.

They often do not "play" on computers. They edit better on paper than on screen. They plan and sequence work for best results. Their memories are created and accessed in a regularly patterned fashion. They retain more information on paper than digitally.

CORPORATE AMNESIA

Lynne Lancaster, co-author of When Generations Collide, says too many companies are ignoring the critical loss of wisdom as boomers depart. "Knowledge can be explicit, such as how you repair a piece of machinery, or implicit, such as how you maneuver a new project through the 'system' to get approval," she explains. Lancaster cautions, "Companies need to start now to find out what they know, what is documented (or not), and how the boomers can best pass it on to the next generation."

GENERATIONS X/Y: THE DIGITAL BRAINWORK STYLE

Digital thinkers grew up and learned how to work along with or after computers. Their lifestyle is integrated with computers from working to socializing.

They are technologically savvy and less oriented to direct contact with people. Digital brainwork people value diversity and informality at work.

They are focused on learning new technology and acquiring computer and digital media advances as soon as possible. Many have a "significant other" relationship with their computers or wireless phone/camera/e-mail/text messaging devices, including sleeping with it.

Digital people play with computers and socialize through Web chatrooms and "texting." They edit well on screen and have no use for paper. In digital brains, memories are created and accessed in a multiple matrix pattern. Information input, storage and usage is always in digital format. Otherwise, they don't want to use it.

GENERATIONS IN DISCONNECT

Experts offering solutions to the boomer-Generation X/Y transition include Elizabeth Kearney of The Expert's Alliance, who relates an incident that illustrates the disconnection potential between boomer and digital co-workers.

A VERY UNMERRY BIRTHDAY

A national architectural firm with a majority of X- and Y-generation employees celebrates employee birthdays with a cake. A boomer contract employee hired for a super-sized project suggested that some changes were needed in one of her digital partner's approach to an assignment. The suggestion triggered negative reactions to this perceived challenge to the digital employee's expertise.

At the boomer's birthday party, no digital generation employee would touch the cake and commented on how awful it was. Digital workers see themselves as a team in all aspects: What happens to one is reacted to by all. The digital viewpoint is "One for all, all for one, and together we stand against all odds." In this case, even if the person the team is standing against had constructive project ideas.

If these differences can sabotage a company birthday party, just imagine the project disruptions that will occur as the two generations meet (or not) in your workplace over the next five years. If U.S. builders and architects fail to capture the wisdom of the exiting boomers and to learn how to work with the incoming digitals, the results will be a business shock wave.

INDUSTRIAL BRAIN STYLE

- Believe rational evidence (not magical insight)

- Follow the rules

- Uncomfortable in chaos

- Want education and training

- Driven at work (high expectations of others)

- Team oriented

October 2008 Builder Architect Edition Issue

Build It Green and Home Builders Association of Northern California

Leaders on the Path to Green-Building Solutions

By Kay Wilthew

California's Greater Bay Area is experiencing an unparalleled green-building phenomenon. The high-profile cities of San Francisco, Oakland and San Jose have embraced green-building guidelines and practices. The movement is rolling through small towns in the Central Valley, out into the desert and into Southern California. And green building's pervasiveness is a direct result of the extensive leadership efforts by Build It Green and the Home Builders Association of Northern California (HBANC), who are revolutionizing the home building industry, transforming green-building practices into mainstream concepts.

HBANC, a Bay Area nonprofit membership association, provides solutions to building issues for its 1,000 industry home building professional members. HBANC's commitment to quality and their advocacy for affordable housing have earned the recognition and respect of local urban planning organizations.

Left to right: Joseph Perkins, HBANC; Brian Gitt, Build It Green; Cheryl O'Connor, SummerHill Homes (Photo by Bruce Schneider)

Build It Green is a nonprofit membership organization whose green-building programs and services are instrumental in broadcasting today's green message. The organization's "GreenPoint Rated" program is a quantification tool enabling the industry to measure the success of green-building projects, consistently assess results and utilize a credible consumer label to differentiate themselves in the market.

Build It Green's service extends far beyond its highly regarded GreenPoint Rated program, according to CEO/Executive Director Brian Gitt. "Build It Green existed years before our GreenPoint rating program launched. We focus on providing training, tools and resources for builders, architects, local governments, suppliers and real estate professionals - all the key stakeholders in the building industry. We're not just setting forth a set of guidelines, a consumer brand and a rating program. We're providing the essential training for building professionals to gain the knowledge, tools and expertise to design and build green."

Education and training comprise the organization's core competency. "We've now certified over 2,000 building professionals in the region that have participated in our certification course. I want people to know there are a lot of resources to help them on this journey. We're here to support and help them along the way."

This support network drives Build It Green's industry acceptance and prevalence, and is why HBANC and award-winning builders like SummerHill Homes have partnered with Build It Green. Cheryl O'Connor, SummerHill's VP of Sales and HBANC Chairwoman, explains how the home building industry relies on the Build It Green advantage. "I think the main point of discussion is that the Home Builders Association of Northern California and Build It Green have partnered to take the lead in the Bay Area. At the center of this effort is innovation and sensitivity to environmental causes." HBANC recognized the Build It Green program's significance and has firmly committed to promoting sustainable development and green development goals.

While Build It Green focuses on a voluntary, market-based program, many local governments had embarked on a mandatory policy approach. Some city policies were slated for implementation without addressing the need for regional consistency that allows builders to cross-city boundaries without barriers and challenges, an essential element for market transformation. Build It Green stepped in to fill that void, taking a proactive leadership role to guide local governments in creating consistent and flexible policies.

Build It Green's program was designed to balance credibility and accessibility, explains Gitt. "We didn't want something that was onerous or difficult, or would force a builder to be constrained; our points-based system is designed with flexibility in mind. We offer an entire list of potential selections that a builder or architect can incorporate into the project. Builders choose the options they feel comfortable with, are cost effective and provide value to their potential buyers. Looking at the process through that lens illustrates its flexibility and choice, while ensuring an inherent credibility based on minimum point thresholds in each major resource category."

O'Connor believes Build It Green's message clarifies some misconceptions of the green-building industry. "We found last year when HBANC was doing research on different green programs that there is a lot of brand confusion about green building. We found it would be most advantageous for us to embrace Build It Green's GreenPoint Rated program because it was the fairest and most consistent of the available programs."

While some believe green building is more costly, higher performance and quality translates to higher sales numbers and a distinct marketing edge, according to O'Connor. "I think that in a time of market downturn, GreenPoint Rated gives buyers another reason to want to purchase your home."

Gitt adds that the rating is a tool by which home builders can evaluate the quality of their output. "GreenPoint Rated provides a measuring stick for how far above the building code they're actually achieving. Builders want to produce a quality product because they have fewer callbacks, higher customer satisfaction and better 'word of mouth.' It's impossible to separate out the green aspects from overall quality. So when we're asked if green costs more, I'd respond, 'It depends on where the builder is starting out. Some builders are barely building to code while others are already incorporating many green-building practices due to consumer preferences and the need to build a quality product and reduce liability. Builders taking a comprehensive green approach including design, construction, marketing and sales should be getting a better financial return on their investment on green projects.'"

Build It Green's rise to dominance is attributed to how the program was designed from inception. "We had all of the stakeholders at the table since day one developing this program," says Gitt. "When builders and architects, local governments, industry experts and state agencies all literally sit at the same table, it's possible to harness that power and achieve consensus on the definition of residential green building. Our goal is to have a credible and accessible entry point, and over time lead builders on that journey to higher levels of performance."

Many different forces aligned to ignite the green-building movement. When stakeholders work toward a common purpose, the possibilities are endless. And Gitt believes that if the power of the private sector can also be leveraged to propel this concept, it will be unstoppable. "I think that we are experiencing an unprecedented convergence of market drivers spurring green building forward. Having the Home Builders Association of Northern California take the leadership role, as the first trade association in the entire country to endorse a credible third-party program and promote mandatory adoption by local governments to create consistency, is really quite unique. We applaud their leadership. An example of the power of this collaboration is felt by the city of San Jose as they develop a mandatory green-building policy and hear a unified voice from the Home Builders Association, Build It Green, the U.S. Green Building Council, the Silicon Valley Leadership Group and the Sierra Club. It's that level of collaboration in which we're proud to play a part."

Complacency toward environmental responsibility is no longer an option. Gitt recognizes that leadership demands the vision to see beyond today's green-building product imperfections and focus on burgeoning technology as it develops. "Green building is about where we're headed in the future. And if we're not on the path to solutions, then we're not on the path at all." Thanks to Build It Green, the path has never been clearer.

Build It Green is located at 1434 University Avenue in Berkeley. Call (510) 845-0472 or visit builditgreen.org for more information.

The Home Builders Association of Northern California is located at 200 Porter St., #200, in San Ramon. Call (925) 820-7626 or visit hbanc.org for more information.

Categories and Advantages

A GreenPoint Rated home is graded on five categories: energy efficiency, resource conservation, indoor air quality, water conservation and community. If the home meets minimum point requirements in each category and scores more than 50 total points, then it earns the right to bear the GreenPoint Rated label. Because GreenPoint Rated homes are evaluated by independent, certified raters, building professionals and homeowners can be assured the rating has integrity and value.

Advantages for using GreenPoint Rated include:

- Builders, contractors and architects/designers: GreenPoint Rated provides validation from a trusted, independent source to support your marketing efforts as a green-building professional. Participating in GreenPoint Rated will help you meet growing consumer demand for green homes and outpace your competition.

- Other building professionals: Real estate agents, financing specialists, appraisers and others who work in fields related to new-home construction and sales can rely on GreenPoint Rated to help their clients identify homes that are healthier, more environmentally friendly and exceed California's building and energy codes.

- Local governments: GreenPoint Rated fosters sustainability in your community by spurring the development of healthier, more environmentally responsible homes. GreenPoint Rated also provides a means of tracking the number of green homes built in your community and better understanding the resource and health benefits those homes deliver.

Areas of Collaboration

GreenPoint Rated is a California-grown and community-based program that rates homes performing above standard practices in the state. It is managed by Build It Green, a nonprofit organization dedicated to promoting residential green building in California.

LEED for Homes is a national program targeted to the top 25% of green-home builders. It was developed by the U.S. Green Building Council as a national consensus standard. The LEED for Homes provider in California is Davis Energy Group, a for-profit consulting firm that works with builders in California to enhance the sustainability and efficiency of their housing products.

Together, these two programs strengthen one another by encouraging increasing levels of builder participation and greater adoption of green-building practices. They provide a local support infrastructure, combined with national recognition. There are three areas of collaboration between the two programs:

a) Cross-training. Build It Green and Davis Energy Group are developing cross-training opportunities for building professionals to ensure that those working in either program are familiar with both. LEED for Homes raters and representatives are encouraged to obtain GreenPoint Rater credentials and vice versa.

b) Equivalency tools. A screening tool will be used to evaluate a project's qualification for dual branding. Protocols are being developed to enable a home undergoing a LEED for Homes rating to simultaneously obtain a score for the GreenPoint Rated program.

c) Cross-referrals. Davis Energy Group will encourage projects that are not LEED certifiable to participate in GreenPoint Rated. Build It Green will encourage builders with projects that can be LEED certified to seek dual branding.

17.3% of home buyers strongly agree and 46.2% somewhat agree that it is very important that their home is compatible with the environment.

Approximately 28% of home buyers wanted more environmental features in their existing home.
43.5% of home buyers strongly agree that they would be more likely to purchase a home if it offered an energy-saving guarantee.

Build It Green existed years before our GreenPoint rating program launched. We focus on providing training, tools and resources for builders, architects, local governments, suppliers and real estate professionals - all the key stakeholders in the building industry. We're not just setting forth a set of guidelines, a consumer brand and a rating program. We're providing the essential training for building professionals to gain the knowledge, tools and expertise to design and build green.

September 2008 Builder Architect Edition Issue

Are You Giving up Too Quickly on Your Advertising?

There you are, sitting at your desk, trying to decide the best advertising strategy to use to promote your next project. You do your utmost to properly identify the target audience. You do your homework to analyze the competition. You painstakingly develop a strategic advertising plan that includes all of the tactical elements you feel will best reach the target. And finally, you develop a message strategy and creative look that you are confident will make prospective customers walk through the doors in droves.

So, with all this planning and enthusiasm (and money), you launch your advertising campaign that includes a good mix of print advertising, direct mail and radio. Then you sit back and wait for the results. After a couple of days, nothing happens. You wait another day or so, but only a trickle of activity. Now you start to get nervous. A week has now passed, and you're still not getting the results you were hoping to get. Now you start to panic and begin to pull the plug, and it all comes to a complete stop. It goes down in the books as a failed advertising campaign.

This entire process has not only cost you lots of money, but a lot of time and possibly a small dent in your marketing confidence. But maybe this advertising program that you worked so hard to develop and execute just wasn't out there long enough. What if you would have let it run its course just a bit longer? Would it have worked then?

So, how long should an advertising campaign be out there before you start to see results? How many direct mailers does your prospect have to see before you can make the sale? How many print ads? How many radio or TV spots?

When it comes to generating awareness and sales, understanding the optimum level of frequency of exposure that each advertising campaign needs to have to be successful is just as important as the ad development itself.

A recent study sheds some very valuable light on this fact. This study confirms that most marketers give up too early and don't let their advertising campaigns run their course to success. The study revealed that, on average, 80% of sales leads are generated after a minimum of six to 10 direct contacts with the prospect; yet less than 10% of advertising campaigns ever go beyond three contacts with the target customer.

This particular study followed the campaigns of numerous advertising programs across many industries and tracked their results over a set period of time. The typical advertising campaign within the study included print, direct mail, outdoor or other signage, Web and broadcast (radio or TV) vehicles or a combination thereof.

The findings of this study should be eye opening for any marketing professional that has ever lived through the scenario described at the beginning of this article. It confirms the value of frequency and consistency when it comes to breaking through the clutter and successfully convincing your prospect to buy.

When planning your next marketing campaign, be sure to remember that frequency is a very critical component to your success. As with any successful marketing program, your message must generate attention, pique interest and create a desire to do business with you. Once you have attracted the attention of your target audience, you need to stay on their radar screen until they are ready to buy. This may take more time than you thought, so be sure to accommodate this need in your initial marketing plan and budget.

Remember that no single ad, direct mail piece, billboard or radio spot can be expected to generate immediate results. When you develop your promotional campaigns, think of your advertising program as a growing garden. First, you need to plant the seeds and continually tend to them. With your continued patience and nurturing, your garden will flourish and you will soon harvest the fruits of your labor.

September 2008 Builder Architect Edition Issue

Set Aside the Ego

By Bob Massaro

The green rating systems that are now available to all of us in this profession improve and proliferate continually. LEED, Built It Green's GreenPoint Rated, Green Globes and their many first and distant cousins bring value to the design and construction industry. Perhaps one of the most important, if sometimes overlooked, feature of the rating systems is the emphasis on the interdisciplinary nature of the design process.

For the rating systems to function as designed, all the members of the design and engineering team must implement them in a collaborative manner. It is such an important success factor for any project that when we at Healthy Buildings manage a project, we make it a contract requirement that all consultants attend a monthly project meeting (either in person or via teleconference) starting from early on in schematic design.

New consultants sometimes ask why such meetings are important. Bringing them into the interdisciplinary fold forces them out of their "single point of view" comfort zone. The hardest part of building an interdisciplinary approach is getting team members to listen to others, step back from "their way of doing it" and begin the process of incorporating unfamiliar ideas. It typically takes about three meetings for a group of diverse experts to become a real team, expanding individual knowledge and creating a superior end product. When consultants are encouraged to think outside the box, a "sustainability event" occurs. This event can equate to achieving multiple rating points for one design feature as well as ultimately elevating the work product of all consultants participating on the design team.

A project we are currently working on will generate significant demolition waste that we want to divert from landfills. Standing seam metal roofing and steel support members can be readily recycled, but the challenge put to all on the team was to reuse these deconstructed materials on site and thus eliminate transportation entirely. The team's novel solution took about 20 minutes to emerge and owed its life to the collective brainstorming of the architect, landscape architect, structural engineer, contractor and owner's representative. The idea was to deconstruct the members and reconstruct them as signage, an entry element and as a public art element. In doing so, the cost of transportation will be avoided, new component costs will be reduced, recycled credits are anticipated and a public art fund fee will be avoided - all of this positive impact resulting from five people from five different disciplines spending 20 minutes kicking around an idea. It was fun and beneficial for the environment, team morale and the creative flow of all involved.

So, the next time you are part of a collaborative design/build team, remember the teachings of the immortal martial artist, Bruce Lee, who taught: "One can only learn when he comes with an empty cup and leaves his ego behind."

September 2008 Builder Architect Edition Issue

Water Water (News) Everywhere!

You probably need a break from all the news on greenhouse gas emissions and global climate change, so this month, let's talk about water.

You've likely heard the discussions about the high percentage of residential water use generally assigned to outdoor watering. Happily, as with recycling and energy reductions, most California residents have successfully done their part thus far to conserve to the degree possible without the need for legal mandates. Developers have followed suit with the institution of drought-tolerant landscaping (discussed in this column several months back). Still, much of the state is primarily desert, so regardless of the level of various forms of participation, water will always be an issue.

As you may suspect, the current water supply information is not promising in the short term. Gov. Schwarzenegger has been working on a comprehensive water supply program supported by water bonds from Propositions 1E and 84, passed by the voters in 2006.

In the meantime, he has issued an executive order requiring a 20% reduction in per capita consumption by 2020. His order, dated June 12, declared localized states of emergency for nine Central California counties. It also directed the state's Department of Water Resources to expedite water transfers, work with local water districts, coordinate with other state and federal agencies, and expedite existing grant programs to help local water district and agencies conserve water.

There is one bit of good news regarding water quality and stormwater runoff. On July 2, in The City of Arcadia v. State Water Resources Control Board, the Superior Court determined that the Los Angeles Regional Water Quality Control Board had to consider balancing a variety of factors, including economic impacts and the need for housing, when implementing the Basin Plan and issuing new rules for the L.A. Basin. The Superior Court also noted that local factors, such as the extreme variability in pollutant types and levels, must be considered when the board issues new rules or implements existing regulations.

The Superior Court invalidated the most recent (2004) approval of the L.A. Basin Plan and its long list of beneficial uses for each river and tributary in the basin. Instead, they directed the Los Angeles Regional Water Quality Control Board to consider economic factors when deciding how to reason- ably achieve water quality objectives and standards.

While this ruling may have repercussions throughout the state (i.e., other boards "should" consider the court's ruling), the jury is still out (only a small pun intended) as to what degree other water boards will actually follow the ruling.

September 2008 Builder Architect Edition Issue

Nader Khalili: The Quintessential Outsider Architect

Part Eight in the Outsiders Series

In recent columns, I've explored what it's like to ditch a mainstream architectural practice for an idiosyncratic, heartfelt vision. Turns out, the late architect Nader Khalili scooped me 18 years ago!

In his bestselling memoir, Racing Alone (1990), he asked, "Is it really sane to follow one's ideals and dreams and race alone in today's world? Is it really reasonable to insist on holding to one's visions against all odds and after many trying years?" He answered with an emphatic "yes."

Khalili (1936-2008), who died of congestive heart failure in Los Angeles at 72, was the quintessential outsider architect. He abandoned a lucrative, unfulfilling career. Then, for more than three decades, he dedicated himself to a quest: creating earthquake-resistant housing for the poor. His solution lay in making domed, vaulted buildings out of the earth under people's feet. At the Cal-Earth Institute, which he established in 1991 in the Southern California desert town of Hesperia, he built buildings to prove his point and shared his vision in workshops with thousands of visitors.

Reared in Tehran, Iran, as one of nine children in an impoverished family, Khalili studied Persian literature and poetry in Iran, then engineering and architecture in Turkey. He studied further in the United States. Khalili built booming practices in Los Angeles and Tehran. Specializing in skyscrapers, he earned millions of dollars by designing high-rise apartment buildings and parking garages. He traveled the world to lecture about skyscrapers. He also entered competitions to build bigger and bigger buildings.

Pushing 40, he abruptly abandoned his practice, heading into the Iranian desert on a motorcycle to find answers. People around him thought he'd lost his mind. They said, "Look, you've got to pull yourself together." But he was resolute about his quest. He was equally determined to reject the status quo. His second memoir, Sidewalks on the Moon (1994), referred to his "pervasive skepticism of accepted values." Noting that he had broken away from many required behaviors and from superstitions imprinted upon him in childhood, he added, "I am burning inside to break away from everything, even myself, the way I have known myself."

He rejected mechanical, industrialized ways of building, including the concrete and steel his Western teachers embraced. He also disliked the lack of human scale in many modern structures; the one-story houses he advocated put people directly in touch with the earth.

"We have to listen to nature," he said in lectures. "We don't have to be interesting or different. Architects often feel they have to do something different. That's just coming from the ego."

He counseled a return to the basics that humans knew for years before losing that knowledge in the modern hustle bustle and in a rush to acquire more than the Joneses.

To Khalili, many answers lay in working with the four elements: earth, fire, air and water. He spent years figuring out ways to build clay structures and light them on fire, as one would fire pottery in a kiln. He reasoned that this would produce a fireproof building.

"Clay holds so much untouched magic," said Khalili, noting that Persians used to build beautiful structures out of clay. Nowadays, he wrote, "We can think of clay only in the scale of our hands." That is, we associate clay with vases that we can hold, not with creations the size of a house.

"We ought to break the ties and free our minds of our conception of clay. We ought to start all over again," wrote Khalili. He knew that the place to start making change was by breaking through mental limitations.

He emphasized the environmental benefits of dome-shaped earthen houses. Requiring no wood framing, the structures can be tree free. They need no cement, a product that uses tremendous energy during manufacturing. To build houses like the ones at his Hesperia compound, one simply fills bags with earth, arranges them like blocks of ice in an igloo and reinforces them with barbed wire. One needn't waste energy by trucking in heavy construction materials.

"A lot of times, the treasure is right in front of us," Khalili would say. He was referring partly to the earth that's readily available as a building material and partly to the passionate quest on which any one of us can embark, if we're brave enough to try.

To be continued ...

For pictures and previous columns, go to evekushner.com and choose "on building."

September 2008 Builder Architect Edition Issue

Rebuilding in the Aftermath of the Fires: Tips to Avoid Getting Burned

By Jan A. Gruen and Joshua B. Bevitz

The recent fires have devastated hundreds of thousands of acres of land and homes in Northern California. Given the decline in real estate values, builders are faced with a unique opportunity to acquire land, help rebuild communities and make a profit. Such opportunities come with unique challenges; for the unprepared or unwary builder, those challenges can prove insurmountable and costly. A feasibility study and risk analysis must be undertaken before - and not after - a builder decides to buy lots for residential development.

It is invaluable for a builder hoping to develop lots in a common interest development to have an understanding of a community's most powerful weapon: the applicable covenants, conditions and restrictions (commonly known as CC&Rs). These CC&Rs may be inactive, but given the right circumstances, they can be resurrected to thwart efforts to build.

A word to the wise: Never buy lots in a common interest development without first reading and fully understanding the applicable CC&Rs. CC&Rs often limit a landowner's ability to develop property or impact on the magnitude of a project. They can limit the square footage of units, the type of buildings that can be built and the number of buildings that can be built on a given lot. CC&Rs may provide that no two-story structure can be built. Depending upon the particular CC&Rs, a favorable vote may be required of the members or of a design review committee before a project can move forward. If such a vote is required, the developer should canvas the community to promote the project's collective benefits and gauge the likelihood that the required number of members would be in favor of it. If member reception is lukewarm, the developer should consider whether the lots are worth purchasing or whether thetype of project contemplated needs to be reconsidered and redefined. More often than not, neighbors stick together. An almost unanimous vote against a project can spell its doom.

The Davis-Stirling Act governs most aspects of a homeowners' association, including enforcement of the CC&Rs. This act requires CC&Rs to be reasonable. Courts have held that CC&Rs are presumed to be reasonable. To be invalidated, courts have held that they must be (1) arbitrary, (2) substantially more burdensome than beneficial to the affected properties or (3) in violation of public policy. This legal hurdle can be difficult for a builder to overcome. Similarly, to attack the action of a homeowner's association, the builder must show that the homeowner's association exercised its discretion capriciously and arbitrarily.

In addition to familiarity with the Davis-Stirling Act and any applicable CC&Rs, other evaluations must be performed before acquiring land for residential construction. Examples include:

(1) Are the lots or surrounding areas environmentally sensitive or subject to aggressive restrictions to protect plants or animal life?

(2) Geotechnically, are the lots buildable without unique costs?

(3) Have appropriate investigations and analysis been undertaken with respect to population density, overcrowded schools and traffic impact, which might affect the feasibility or approval of the proposed project?

(4) Is there adequate infrastructure already in place?

(5) Does the city generally favor growth?

(6) Will the city's permit and approval process lengthen the construction timeline past the point of profitability?

(7) Will the community oppose the project?

(8) Do the applicable CC&Rs contain restrictions or adverse provisions that could be used to block or significantly alter a proposed project?

(9) Have lawsuits been filed in the county in an attempt to restrict or defend similar projects within the same community in the past?

While this list is by no means exhaustive, it illustrates a few key points. The recent fires will undoubtedly present an opportunity for builders to acquire lots, but at what cost? While purchasing and developing lots within a common interest development can be profitable, there are many potential pitfalls. Doing your homework can keep you from getting burned.

September 2008 Builder Architect Edition Issue

Fautt Homes

Building Communities Through a Commitment to Quality

By Julia Gleason

If there is one thing that President and founder Jefferey Fautt of Fautt Homes can't convey enough, it is that he is inordinately passionate about his profession, team and the homes they build. To Fautt Homes, the combination of experience, relationships and enthusiasm towards their product makes their talented company a distinct custom-home builder. Fautt and his tight-knit team are clear and cohesive in their vision for creating homes of exceptional quality and detail. The resulting product would inspire even the most critical of consumers to find a lifelong home in one of their timeless and classic communities.

Fautt Homes specializes in building exemplary single-story custom homes on large lots that aim to provide outstanding quality and value. The company is clear in its distinctive phrase, "Live the life … What many see as an option, we view as a standard." Currently, Fautt Homes is building in the Bay Area; however, Fautt assures that they aren't limiting themselves to Northern California and they are exploring possibilities of developing in places such as Santa Barbara and Hawaii. Everything must be coordinated and well thought through before they start a project. Above all, the idea most important to Fautt and his team is being able to deliver an exceptional product to the market.

Left to right; Monica Benyo, Director of Project Coordination's; John Benyo, General Superintendent of Construction; Jeff Fautt, President; Shelby Fautt, Director of Design and Marketing; Jon Silva, Assistant Superintendent of Construction; Stephanie MacLean, Vice President of Finance (Photo by Susan Vogel Photography)

Fautt largely attributes the success of the company to the combined expertise, collaboration and fantastic personalities of his small but detailed team, which consists of six other key players: Joseph Gregorich, Vice President of Land Development and Purchasing; Shelby Fautt, Director of Design and Marketing; Stephanie MacLean, Vice President of Finance; Monica K. Benyo, Director of Project Coordination; John Benyo, General Superintendent of Construction; and Jon Silva, Assistant Superintendent of Construction. "We enjoy being around each other," Fautt declares affectionately. Each of his unique and seasoned co-workers brings a vast amount of knowledge to the table that is the driving force behind the success of their meticulous common goals. He notes, "Everyone here is an over achiever." Fautt himself, having graduated with a degree in economics from San Jose State University, carries over 20 years of experience in the home building industry, with more then a decade being spent with a large national home builder - the last three years as its President.

Residence 1 in Alamo, the Tuscan farmhouse includes an elegant powder bathroom with three-tiered cabinet with an onyx slab accented by a mosaic radius backsplash. The wall-mounted faucet and vessel basin make this powder bath a showpiece. (Photo by Susan Vogel Photography)

Fautt also places great importance on the longstanding working relationships that he and his team have established over the years with subcontractors. "The majority of our subcontractors are those who have been working with us for 10 to 15 years … the level of precision that we expect and the familiarity of the relationship cannot be replaced." It is clear that these associations are what make Fautt Homes so effective and rare in what they deliver to their homeowners.

Expansive great rooms with 12-foot ceilings, Old-World gas fireplaces, wood beam ceilings and hand-scraped hardwood flooring is a standard for Fautt Homes. (Photo by Susan Vogel Photography)

Gourmet kitchen with custom glazed two-toned cabinetry; professional Viking appliances and apron front sink; secondary prep kitchen with additional range and dishwasher with access to rear yard. (Photo by Susan Vogel Photography)

The company's latest project, Muir Lane Estates in Alamo, is demonstrative of their commitment to quality and the creativity of the team. Muir Lane Estates was inspired by Old-World European styles with charming attached and detached casitas. One might imagine there is something that stands out above the rest of his work in this particular development considering that Fautt and his family reside in Alamo. However, he easily assures us that he holds the same high level of standards for every custom home they build. There is, however, he mentions, a certain level of enjoyment and accomplishment about "being able to drive down the street and see something that we've created as a team … there is a lot of satisfaction in it." The journey the team embarks upon for each community and every custom home is distinct, thorough and aimed at excellence.

Homes include expansive covered loggias with remote-controlled gas fireplace for relaxing and entertaining. (Photo by Susan Vogel Photography)

Grand entry with 19-foot ceiling with rustic doors and hammered ornamental iron; handcrafted chandelier surrounded by triple crown molding creates an open and inviting floor plan. (Photo by Susan Vogel Photography)

Other estates that Fautt and his team are currently building include Cheyenne Estates in Vacaville and Montecito Estates in Alamo. "A tremendous amount of thought goes into every aspect of the home, such as window placement, cabinet location, every door swing and anything which impacts the flow of the home. These details, coupled with the high quality of materials we use, make everything come together. People, at the end of the day, are very aware that we put a lot of thought and time into our work," Fautt states proudly. Each community offers custom luxury homes specifically positioned on the home site so that every owner can enjoy their surrounding space and environment to its fullest extent.

Impressive 10-foot master bathroom vanity with detailed framed mirrors accented by lighting and mini chandelier. (Photo by Susan Vogel Photography)

Authentic knotty alder cabinets embellished with oversized forged iron hardware and accented with créme marfil marble countertop. (Photo by Susan Vogel Photography)

Fautt Homes' primary focus is on building timeless and impressive homes abounding with amenities, homes that offer families generations of memories. "I'm passionate about what we build and the experience we create with our finished product," he says warmly. He feels fortunate enough to be the leader, but appreciates that the company's natural evolution has been the culmination of hard work, by not only himself, but by his amazingly talented and innovative team.

Custom handcrafted molding and trim wraps each doorway and window. Triple crown molding surrounds the entryway along with trim buildups on doorways pertaining to the style of the home. (Photo by Susan Vogel Photography)

(Photo by Susan Vogel Photography)

(Photo by Susan Vogel Photography)

Fautt Homes is located at 3201 Danville Blvd., Suite 270, in Alamo, CA 94507. They can be reached at (925) 362-8940 or visit fautthomes.com for more information.

August 2008 Builder Architect Edition Issue

Kelly Lerner: Happily on the Fringes

Part Seven in the Outsiders Series

Worldwide, the race is on for architects to design flashy structures that have everything to do with fame and ego. How refreshing, then, that architect Kelly Lerner of Spokane, WA, doesn't care about glitz, glamour or being different for the sake of being different, though she has designed hundreds of structures internationally.

She feels that she's completely on the fringes of her profession, not because her buildings look unusual, but, rather, because she has such deep environmental beliefs that she can't relate to most architects. Natural Home magazine named her one of the top 10 eco-architects in the United States.

But Lerner, 43, stands out in her field for reasons beyond her ecological commitment. For starters, she has held her own in the male-dominated world of building, where people tend to dismiss women, she says.

What's more, she's responsible for constructing more straw bale buildings than probably anyone in the world. She has done so largely in Mongolia and China.

Mongolia and China! That's quite a departure for an Indiana native. Happily aware that this work makes her an oddity, Lerner laughs and says, "I enjoy being the person who has run all over Mongolia doing weird stuff. That has really made my career."

After allowing herself that split second of reveling, she quickly shifts back to grounded, practical details about the advantages of straw bale, particularly in Mongolia.

Wintertime temperatures there often plunge to -40°, says Lerner. Would that be Fahrenheit or Centigrade? She laughs: "Actually, that's where they meet!"

Nevertheless, Mongolian buildings had no insulation because Soviet builders didn't insulate, she says. The Soviets controlled the region until Mongolians staged a peaceful revolution in 1990.

Before the insurrection, most energy in Mongolia had come from the Soviets. Afterward, schools and social service agencies began spending three-quarters of their budgets just on heating. Social services went undelivered, and Mongolia fell into complete disarray.

The Adventist Development and Relief Agency (ADRA), a nongovernmental organization, headed to Mongolia to provide relief assistance. ADRA Country Director Scott Christiansen soon realized that straw bale construction could be a great solution. He contacted Lerner, then working with Daniel Smith and Associates Architects in Berkeley, and she got right on board with Christiansen's vision.

As Lerner explains, straw bale meets many needs in a place like Mongolia. This natural waste product is fire resistant and highly insulative, but relatively cheap. By providing insulation, one can improve people's quality of life. Moreover, insulation reduces the amount of heating needed. In Mongolia, heating comes from burning coal, which releases vast amounts of carbon dioxide, hastening climate change.

From 1997 through 2000, Lerner worked in Mongolia for months at a time, teaching local engineers, architects and builders about straw bale construction, and providing rural and urban buildings.

She then shifted operations to China. Earthquakes in 1999 and 2000 had affected millions in that country, creating an urgent need for construction. Lerner and others rebuilt a school: China's first straw bale building. She then guided people to build more than 700 passive-solar-heated straw bale houses in that country.

Overall, Lerner says, her efforts succeeded far more in China than in Mongolia. That's because China has a long tradition of building, whereas Mongolians were nomadic until about a century ago.

The work continues in China without Lerner, who trained people to take her place. She disliked that her travel to and from Asia left a large carbon footprint. Plus, any solution from the outside (especially from an American) can come across as imperialistic and ethnocentric, she says: "It's important that whatever you introduce becomes Chinese. If there's not a Chinese version of it, it's not going to stick."

Co-author with architect Carol Venolia of Natural Remodeling for the Not So Green House, Lerner now focuses on problems in her own country. She says, "I think the way the rest of the world develops is incredibly important. But, man, we have so much work to do here in the United States to clean up our own house. Jesus said something about taking the log out of your own eye before you worry about the splinter in somebody else's. And that's the way I feel about what we need to do in the United States. We need to figure out how to stop using so much energy. We need to shrink our ecological footprint, and we need to do it fast."

For pictures and previous columns, go to evekushner.com and choose "on building."

August 2008 Builder Architect Edition Issue

CEQA Update

By Jason M. Brandman

Even during "down" building times, it is still important to keep abreast of the various changes to the California Environmental Quality Act (CEQA). Here are some recent appeals, court rulings and other actions that may be of interest to you, especially if you plan on developing property in the near future.

First, the Legislature has rejected SB 1165, which, among other things, would have placed a five-year shelf life on Environmental Impact Reports (EIRs). This would have meant an EIR prepared for a property that sat partially developed for five years would require an entirely new document - particularly difficult for those with a programmatic EIR in place, as these are intended to last for the lifetime of a project, providing tiered analysis for various phases of development.

AB 32, the "Global Warming Solutions Act of 2006," has brought greenhouse gas emissions and global climate change center stage in the debate on land use and environmental policy in California. While you may still debate the phenomenon, environmental documents will now have to examine these issues to withstand legal scrutiny. The extent of the analysis, however, varies. Most agencies are finding a general approach sufficient if it thoroughly examines the issue as it relates to the proposed development.

Two water bills, SB 221 and SB 610, require a 20-year guaranteed water supply for projects with 500 or more units (or for nonresidential projects equivalent to that amount). Such projects will require the preparation of a complete water supply assessment (WSA). The courts have determined that a WSA cannot be challenged independently; however, their conclusions can still be challenged when they are included as part of an EIR or mitigated negative declaration. This determination is especially important because so many urban water management plans depend upon water from the California Delta, and curtailment of that supply by a federal judge has called into question a heretofore guaranteed long-term source of statewide water.

A recent Southern California court case that dealt with cultural resources issues should also be noted. The development, located in the city of Hollywood, did not obtain adequate documentation support. The court, in its decision, emphasized that a lead agency must have adequate support for its decisions, even when those decisions seem minor, especially when the project involves an historical building (Committee to Save Hollywoodland Specific Plan v. City of Los Angeles).

Finally, there is some good CEQA news for beleaguered developers. The court recently determined that project entitlements and approvals that lapse when a project is put on hold will not automatically require full CEQA review when the project is renewed at a later date, as long as there is no significant new information or new impacts that were not evaluated at the time of approval. For those developers waiting for a perk in the market to begin building again, this will be a real time and money saver.

August 2008 Builder Architect Edition Issue

Does Your Company Dress for Success?

When it comes to the successful marketing of an organization, sometimes it's the little details that can make a huge difference. For example, the next time you walk into a new home showroom, retail store or any other place of business for that matter, take a look around at what the employees are wearing. Think about the feeling you get from those businesses where no one seems to care about what they're wearing. Now, compare that to the feeling you get when you walk into a business where each employee is wearing a company uniform or identifiable clothing.

A recent study provided some very interesting insight into what consumers expect and their level of comfort when it comes to consistent dress and uniforms. This study found that customers spent an average of 27% more when they purchased from uniformed employees versus companies whose representatives were not wearing uniforms. In addition, the branding and perception value toward the uniformed businesses was also significantly larger than that of the nonuniformed businesses.

This particular study involved both mid- and large-sized organizations that had various retail-type operations, and it included some home builders. Fifty percent of the companies agreed to use uniformed sales staff, while the other 50% did not.

Another similar uniform study was recently conducted by a large national bank. Everyone in the organization, from tellers to the bank management, started wearing company logo shirts. Through this simple change in dress policy, they found that customers' positive attitudes toward the bank, and bank sales, increased during the test period. They also found that customer loyalty and brand recognition increased.

Large retailers like Target, Kmart and Sears have also taken notice of these studies and have mandated logo'd golf shirts as a uniform for all their employees.

SO HOW DO YOU DEFINE UNIFORM?

Many people have a preconceived image of what a uniform means. Company uniforms do not have to look like employees are ready to pump gas. They can simply be shirts of the same color, embroidered with your corporate logo. However you define "uniform," a corporate uniform is simply a way to make your company look professional, brand consistent and identifiable to the customer.

Obviously, uniforms are not practical for every company. But take a moment to look deeper into what these findings are saying. Customers see this as a real effort to make them feel appreciated. Also, this is a great way to reinforce your brand at point of sale.

The obvious items that come to mind should include logo'd shirts, hats, jackets and other similar apparel. But what about logo'd coffee mugs on everyone's desk in the sales office and in the conference room for clients to use? Or a logo'd carpet when clients arrive in your sales office or lobby? How about logo'd note pads for your clients to use and take with them?

Try to brainstorm on how your company could reinforce your brand image by having your employees and/or sales teams wear or use something that further builds your brand.

Be creative. Uniforms don't always have to be worn, but they can be a part of your clients' daily exposure to your organization and its brand. Branding is a process that includes multiple touch points with your prospects and clients. And, sometimes, it's the attention to the smaller branding details that is just as important as your mainstream advertising and branding efforts.

August 2008 Builder Architect Edition Issue

It's All in the Presentation

Over the past years, we have encountered several religious denominations engaged in rehabilitation of their structures. Many denominations, under the direction of influential leaders, outgrow their sanctuaries and need to either enlarge or raze the existing buildings, or relocate to accommodate their growth and their expanding community outreach services. When it becomes evident that one of these changes must take place, a select architectural group (those who are able to maneuver about the church building committees) presents the church building committees' dreams to the congregation. The congregation approaches the proposal with zest and a true belief that the dream will manifest itself as they imagine.

My thoughts were immediately directed towards building rehabilitation, which we have encountered with several religious structures over the past years.

Enter stage left the engineering consultant, who immediately bursts the bubbles of the entire well-meaning choir group, not to mention the Sunday school teachers, deacons and assistant pastor, by pronouncing the project economically infeasible. What do you expect? Engineers have been trained (most likely from childhood) to be pessimistic about everything. They are paid to identify any pitfalls that can make the project unsuccessful (and you wondered why all the girls in college flocked to the business and architectural majors rather than the engineers; being a pessimist really didn't help the social life!).

However, engineers are also problem solvers. That is the other side of the coin; we have a solution for everything, even if you don't want it.

So, before the architect can start packing his bag, expecting to be fired at any minute, the engineer with a serious brow says, "However, we could do this and this … but, it is your decision! Let's take a look at this and this … I will get back to you in a couple days." Eventually, the client makes the decision to go for rehabilitation or even razing the building to manifest the church building committees' dreams, and everyone's hope is restored.

So, did you ever wonder why the engineers always get the prom queen eventually? It's how you present the options; it's all about the presentation … it's all about the presentation.

August 2008 Builder Architect Edition Issue

Lessons from the Lunar Surface

By Bob Massaro

Over 20 years ago, I was attending a party in Los Angeles - one of those parties where everyone tries to impress everyone else, or at least hold their own. At that time, I had been building for about five years, and, in the naiveté of my early years, was most impressed with how well our projects had turned out. I commented to all those nearby that one of the things I was most proud of was the fact that my projects "would last for at least 50 years, if not more." A grayhaired fellow within earshot, perhaps 25 years my senior, commented that he also was most proud of how long the things he had built would last. Thinking he, too, was a builder, I asked him what his last project was. His response forever taught me two lessons when he answered: "The Lunar Landing Modules. I work for NASA."

Lesson No. 1: As good as you think you design, engineer or build, you can always do better. One way to become better is to be open to ideas coming from unexpected places.

Throughout the years, all of our buildings have improved as we continue to absorb important ideas from other disciplines. We changed to panelized, cold-formed steel fram- ing with a high recycled content after viewing fabrication facilities in Idaho. We brought Pex plumbing into our projects after investigating its success in heavy industry. Now, we are incorporating indoor air quality monitoring and control systems to regulate energy use and further improve energy efficiency. Every building industry professional can and must constantly strive to make each building better than their last.

Lesson No. 2: When you design, engineer or build, think about it as a 100-year opportunity. The expectation used to be that buildings would last for at least 100 years. As construction professionals, we are confronted with the fact that a building's current average lifespan is now approximately half that be- fore it is demolished or undergoes a major renovation. The consequences of this ever-shortening building lifespan are significant - for the owner's or investor's bottom line, for the occupant's well being and for the environment.

If your practice is focused on sustainability, you have the opportunity to push this statistical average higher. The 100-year building would be constructed of materials that age with time and interact with the environment instead of confronting it. It would be designed such that it is considered beautiful when completed, and will be perceived as beautiful by future generations. Add to that buildings that are carbon neutral, consume zero net energy, are built using sustainable materials and methods of construction and are happy, healthy places to live, work or learn. The result: a better designed, engineered and built 100-year building.

Be it 100 years or more, when the time has come for the building's life to end, it is best that you have designed, engineered or built it so that it is not destroyed, but rather deconstructed, and all of its body parts redirected to find new life in a new building.

By then, all of our successors - the architects, designers, engineers, contractors and builders two generations hence - will have elevated the bar. Perhaps the 200-year building will then be the norm. Yet, still, the new paradigm may be the five-year building when structures become so fluid that they can morph as needed, and in doing so, never die.

No matter, as long as the end products are environmentally, economically and socially sustainable buildings, we shall all win, and our planet will thrive.

So, the next time you look up at the moon, think about all of the lunar landers still there; then, consider the 100-year opportunity that you will be given with your next project. Embrace it. Maximize it. Enjoy it.

August 2008 Builder Architect Edition Issue

Levy Design Partners, Inc.

Redefining Urban Spaces

By Russ J. Stacey

Toby Levy, president and founder of Levy Design Partners, Inc., a full-service architectural firm based in San Francisco, sums up her design philosophy simply: "The urban environment is not just about buildings; it's about people and neighborhood." Initially concentrating on single-family homes, the firm now favors working in cities and doing multi unit buildings - "but, to take what we know about putting together a mid- and high-rise building and twisting it a bit, reinterpreting it."

Toby S. Levy, FAIA, president of Levy Design Partners, Inc. (Photo by Bruce Schnieder)

Growing the business to where it can now offer comprehensive services provided many challenges for Levy - from conceptual design, programming and renovation to schematic and design development, permitting and bidding. After earning her graduate degree from UC Berkeley, Levy quickly learned the harsh corporate realities of the early 1970s. "The biggest difference between then and now was the amount of outright sexism that existed in the profession. In many offices that I worked in I was the first woman in their drafting room, and they didn't know what to do with me. They just weren't really willing to train women. And that shaped how I became an architect. Basically I learned a lot on my own," Levy explains. Part of her self-education included doing work for one of her professors and building a spec house with a friend.

"We built our housing practice basically from remodeling kitchens and bathrooms on up." As they became more successful, doing houses became less satisfying. The decision was made to focus their skills on making livable spaces in multiunit residential housing. "Our largest project to date is a 245-unit affordable housing project in San Jose named Cinnabar Commons." The three- and four-story buildings are wood-frame construction over a concrete podium containing parking. The complex's lower units have direct street access, a favorite feature of Levy's urban-design vision that they have incorporated into other works.

Levy Design Partners preserved the historical integrity of a former tobacco warehouse and sewing sweatshop in San Francisco while converting it to 35 residential units. (Photo courtesy of Levy Design Partners, Inc.)

"Our Los Altos project, 5100 El Camino Real, has many first-floor units with garden entries directly off the street. And having a more intimate relationship with the street is almost unheard of in suburban multi unit buildings. People don't mind someone walking right up to their front door in a single-family house, but their psyche is different in a building like this. As a result, the first-floor units were actually the hardest to sell."

Preserving the historical integrity of a former tobacco warehouse and sewing sweatshop in San Francisco, while converting it to 35 residential units tested the firm's mettle. One solution achieved with One South Park - which also includes commercial space - was enclosing an existing railroad spur with modern fenestration. Removing two sections of floor to create two courtyards provides light and air to the units. The nearby 86-96 South Park is a mixed-use site built in the SOMA area of the city. The structure is framed entirely in lightweight steel, and all construction materials are nontoxic, renewable or recycled materials (e.g., recycled rubber floors and insulation made from recycled jeans).

Levy Design Partners' largest project to date is Cinnabar Commons, a 245-unit affordable housing project in San Jose, CA. (Photo courtesy of Levy Design Partners, Inc.)

Cinnabar Commons is made up of fi ve three- and four-story buildings designed with a small budget and short construction time, which integrates into an older neighborhood, with smaller craftsman cottages and very large warehouse buildings. (Photo courtesy of Levy Design Partners, Inc.)

While traveling from Northern California to as far south as Santa Cruz, the firm prefers working in the Greater Bay Area. "We do everything from market rate - 12 to 120- plus units - to affordable housing. We work in wood, concrete and steel, and with a variety of developers," Levy says. Partners include vice president Pamela Collier, who has served in technical and production capacities, and senior associate Serina Calhoun, who is viewed as the company's next generation.

Another area of expertise is working with communities and addressing people's concerns. "We realized that when we come into a neighborhood with a project, everybody has anxieties about it, founded or not," Levy says. "It's a process where you have to listen and filter their fears from their real concerns. Then we can make appropriate design decisions separate from those NIMBY (not in my backyard) issues that will never make anyone happy. I like the public outreach. Everybody sees their neighborhoods as being different, and that's what we always strive to respect."

5100 El Camino (Photo courtesy of Levy Design Partners, Inc.)

86-96 South Park is a mixed-use site built in the SOMA area of the city, containing four residential units atop two commercial spaces. (Photo courtesy of Levy Design Partners, Inc.)

As a board member of the San Francisco Chapter of American Institute of Architects, Levy has always had a deep interest in building with sustainable, renewable resources. Levy Design Partners currently has two LEED-ac- credited professionals on staff. "What's interesting about our firm is our foresight. We did 86-96 South Park 10 years ago; yet, it was built with sustainable, nontoxic materials - before there even was a LEED.

"We're not interested in being stylistically inventive; in other words, being 'look at me' architects or having our work stick out. We do want to turn your head with what we do, to notice the design's inventive subtleties."

Levy Design Partners Inc. is located at 90 South Park in San Francisco. They can be reached at (415) 777-0561 or visit levydesignpartners.com for more information.

July 2008 Builder Architect Edition Issue

Waiting for the World to Wake Up

Part Six in the Outsider Series

If you pour your heart into advocating a vision that the world hasn't accepted, how do you stick with it for 40 years? How do you keep believing that your efforts will come to something? The story of architect Malcolm Wells yields insights into these issues.

Born in 1926, he ceased to be an architect-for-hire in the 1980s, instead taking a higher-level approach to his profession. Rather than doing detailed designs and construction documents for clients, he focused on creating conceptual drawings. Thanks to his 1964 epiphany (discussed in Part 3), these almost exclusively featured underground buildings. As we saw (Part 5), he built several examples of underground architecture in the 1970s and 1980s, demonstrating that such buildings can be light, airy and a joy to inhabit. He has also written prolifically, producing 15 message-driven books (many chock-full of underground designs), plus dozens of articles.

These efforts have gone to advance one idea - that underground architecture enables us to build in a way that doesn't kill land, something on which our planetary survival depends.

Despite all his achievements, one can't help noticing that underground architecture hasn't taken off in this country, or any other. An unavoidable question arises: How effective has Wells been?

He has long enjoyed a solid reputation in his niche. He has lectured at most major American architecture schools, and people as far away as Ecuador, Japan, Scotland, the Czech Republic and Australia have solicited his underground designs. He notes, "Almost everyone in the English-speaking world who has built or planned to build an underground house has heard of me."

San Francisco architect Henrik Bull sees a wider effect: "All responsible architects have heard of Wells' work," he says, attributing the spread of green roofs and porous paving to Wells's efforts.

And Wells wouldn't have gotten this far if he weren't a master of rhetoric and persuasion. Eschewing the vinegar that often laces environmentalists' entreaties to sacrifice and conserve, he uses honey. Cartoons and jokey asides fill his books, though he doesn't shy away from a grave tone when alerting us to the plight we'll face if we don't mend our ways.

With a fl air for writing inspirationally, he infuses people with the desire not only to do the right thing but also to do so for the right reasons. "Be sure of your motives when you build," he wrote in Designing Your Natural House. He told me, "Almost all who design underground buildings do it primarily for energy-saving reasons (meaning, money-saving reasons). A few do it to show off (novelty)."

Despite his higher purposes, he remains keenly attuned to aesthetics. He said to me, "If the proper motive is not there, then I think the architecture will not be as good. It will look forced or out of place."

It seems that society still isn't ready for the vision of a man who's clearly ahead of his time. This doesn't discourage Wells in the least. In Gentle Architecture (1981), he wrote, "Gentle architecture is so close to becoming an accepted part of the mainstream it won't be 'exceptional' much longer." Some 25 years later, I asked how he currently views that statement. To my surprise, he called himself "very optimistic," explaining, "We're not going as fast as I'd hoped. But people like to brag about having added solar panels - little environmental things that make them feel they are environmentalists. And that's good, I believe."

He says he likes to plant seeds and sow dreams, letting the future take care of itself. His optimistic vision of that future gives him persistence.

When something doesn't pan out in his quest, he simply "moves onto the next." He believes he's always had a "rubber-ball" capacity to bounce back. Wells bolsters himself with daily book orders from colleges and individuals, plus an ongoing fl ow of mail. His voice swelling with enthusiasm, he told me, "Boy, I get great letters! Some people really catch fire! About once a week, there's a hot letter that comes in. Phew! It's all worthwhile then."

Like a prophet, he waits patiently. "All I have to do now is watch the world wake up and discover the gentle idea," he told me. "There's no way to tell how long it takes things to germinate."

July 2008 Builder Architect Edition Issue

Green Is a Great Business Color

After reading the green issue featuring builders and architects who are making a difference in our communities, I was inspired to share green-business tips to help us all save money and be more successful, too.

Ever wonder if one person can make a difference? The answer is a resounding "Yes!" if you (1) reuse paper printed on one side for drafts and graphics, (2) use shredded paper for packing, (3) turn in printer ink cartridges to Staples for $3.00 coupons usable for purchases and (4) use chips from removing trees and brush for mulching instead of expensive redwood bark bits.

VALUE OF GREENING YOUR BUSINESS

Even before the worldwide success of Al Gore's An Inconvenient Truth, an international study about green or "cause-related marketing" (CRM) reported:
- 81% of consumers agree that they are more likely to buy a product or service that is associated with a cause they care about.
- 77% of consumers said cause-related marketing positively changed both their behavior to and perception of a company (this could be you).
- 67% of consumers think that more companies should be involved in CRM.

GREEN BUSINESS RESOURCE

Oakland-based Give Something Back sells business products for less and donates the profits back to the community. Fifteen years and more than $3 million in donations later, over 13,000 customers have chosen Give Something Back, leading to their nationwide expansion. Inc. magazine has named them as one of the fastest-growing, privately held companies in America.

Their corporate headquarters is outfitted with a solar roof and stocked with biodegradable cleaning products. Green also means solar panels, high-efficiency lighting and low-fl ow toilets - plus recycling paper, batteries, toner cartridges, aluminum cans and cardboard. Already one of the largest environmentally responsible companies in the Bay Area, Give Something Back is certified by the Alameda County Green Business Program.

Getting certified may be a good move for your company, too. Check it out at greenbiz.ca.gov/AboutUsAC.html.

GREEN OFFICE PRODUCTS

Give Something Back features recycled products, including folders, calendars, pens and recycled papers that match or beat the quality of virgin-fiber papers. They encourage their customers to continue the green cycle by participating in their toner cartridge recycling program and by choosing products that are recyclable or biodegradable.

GREEN IS THE COLOR OF MONEY

In fact, CEOs in businesses both large and small are realizing that greening their business affects the bottom line in a big way. Oracle Corporation invested $10,000 in restroom lighting and sensor upgrades, and as a result, is saving $100,000 each year at one site.

TURN ELECTRONIC WASTE INTO GREEN

BuyMyTronics.com started with an idea to keep broken and used iPods out of landfills. When founder Brett Mosley's iPod broke, it dawned on him that there weren't many ecofriendly or economically rewarding ways to deal with it.

The company currently accepts iPods, cell phones/PDAs, iPhones, Zunes and game consoles with a quick, easy online system that delivers your payment by check to you or by PayPal. Soon, they will pay you for laptops, digital cameras, GPS devices and camcorders with the same focus of keeping used and broken electronics out of our communities' landfill waste.

BOTTOM LINE GREEN BENEFITS

- Gain market share by outreach to specific markets through nonprofits: Avon sponsors breast cancer fundraisers.
- Enhance distinctive brand image and increasing credibility: Newman's Own donates over $100 million in profits to charity.
- Customers contribute to their community with purchases, while increasing your sales: Give Something Back succeeds with green philanthropy.
- Retain and motivate employees: Environmental concerns are a priority at work and home for upcoming generations. Although Kermit the Frog and Ray

Charles once sang, "It ain't easy being green," there are more environmentally friendly large and small options available than ever before. Do it for you, your family, community and your business.

July 2008 Builder Architect Edition Issue

Addressing California's Water Crisis With Sustainable Development

By Jason M. Brandman

Last month, we talked about greenhouse gas emissions and how focusing on sustainability is both an effective and efficient approach to local development. This month, I'd like to return to the sustainability concept and focus on water and its use in development.

California's water supply is finite, but its population is growing. Forecasters believe that the state, which has 38 million residents today, will have 48 million by 2030. Combine this with increased demand for water from growing states such as Nevada and Arizona, and the situation appears grim at best.

To help alleviate some of the pressure, last August Gov. Schwarzenegger called for a statewide 20% "across-the-board" water-conservation effort. Further, under terms of a federal court decision, the Department of Water Resources is cutting its initial allocation for water deliveries in 2008. The initial allocation was already expected to be lower because of dry conditions in the Sacramento and San Joaquin regions where the rivers feed water from the Sierra Mountain Range to the Sacramento-San Joaquin Bay-Delta and to state water project pumps. The question is, will there be enough?

In a recent letter to the governor, the Southern California Leadership Council (which includes former Governors Deukmejian, Wilson and Davis) identified "the combinations of the extended drought in the Colorado River Basin, the failure to implement timely and effective improvements in California's water-supply infrastructure and the recent court interference in the Bay-Delta operations" as the primary reasons for the current water crisis. However, the letter indicated, "Environmentally benign infrastructure improvements" can help improve the storage, capture and conveyance of water and further emphasized that "California business leaders are united in their shared perspective that this may be a once-in-a-generation opportunity to resolve differences among stakeholders in the best solution to the Bay-Delta."

This is certainly something to think about for those of us involved in Northern California development. No one really knows how much water exists to support development. While the state's Department of Water Resources reliability report - which gives cities an idea of how much water they can expect to receive through the State Water Project in wet, dry and "average" years - is helpful, there are no uniform standards in place for estimating water supplies.

Thirty-nine percent of residential water use in California occurs outdoors, mainly when homeowners water their lawns. Recognizing that, many developers secure "additional" water for growth by cutting yard sizes, landscaping with drought-tolerant plants and installing parallel pipe systems to deliver recycled water for outdoor use. It is increasingly clear that conservation and reuse initiatives should be strongly emphasized in development.

July 2008 Builder Architect Edition Issue

Dear Home

By Maurice Levitch, AIA

July 8, 2015

Dear Home,

It's been a while since I've written, but I've been really busy at work and it seemed like everything has been going fine with you. However, I got an e-mail message from the home-integration provider yesterday that the front lawn wasn't looking so good. After reviewing the video footage and maintenance communication history, I now realize that the smart irrigation controller automatically modified its settings after receiving the mass e-mail message a couple weeks ago from the water district regarding water rationing. Unfortunately, however, the controller was unable to establish contact with the landscape service to change out the lawn to native plants per the new default setting, which follows the newer landscaping requirements just approved by the Homeowners' Association based on the (now mandatory) Green Building and Landscaping Guidelines. I have forwarded the trouble message directly to the landscape service myself; so, things should be back on track soon. In the meantime, I am bypassing the irrigation settings and going back to the standard settings. I put a reminder on the system to monitor the problem on a weekly basis.

As I was checking the maintenance log, I also noticed a few other problems that I thought I should address. I think that because of this year's earlier-than-normal change to daylight savings time and the failure of the photocell, the lights and shades lost synchronization. Thinking that if there really were a problem I would have received an e-mail, I checked my spam folder, and sure enough, I found several messages from the neighbors asking us to be more respectful of their privacy. I have ordered the maintenance company to replace the photocell immediately and have initiated an auto-reset to take place as soon as the photocell is working. Also in my spam folder were alerts from interior moisture sensors after the heavy rains last winter. After reviewing the skylight operation log, I found again that there had been a malfunction. This explains why the pest control service was sending me text messages about squirrels in the house - I thought it was a joke. I'll have the skylights repaired when they come to replace the photocell.

I also noticed that the kids ran out of milk last week. I assume that milk was automatically removed from the grocery list due to the recall. I thought I had checked off soy milk as an auto replacement in the event of a milk recall. I'll confirm my profile on GroceryNow's website and get that squared away. In any case, the kids look fine and their report cards came last week. It looks like the homework assist plug-in was really worth the investment.

Given the recent issues, I think that it is time to upgrade the system again as last year's upgrades are already obsolete. In fact, I've changed my plans and have decided to go manual. I'll be home for dinner tonight. Let the kids know I'll stop by the farmers' market and pick up fresh milk on the way home.

Sincerely,
Your Owner

July 2008 Builder Architect Edition Issue

Library of Details - A Powerful Tool

As a result of the accumulated technical knowledge and experience that an architectural or engineering or company attains over the years, a Library of Details is no doubt a key technical resource that has to be created. Obvious questions that may cross your mind would include: What exactly is a Library of Details? How do I, as the client, benefit if the technical resources (i.e., architects and engineers) I hire have a Library of Details?

A Library of Details is a technical resource that the architect/engineer can use to extract the most common and typical details applicable in repetitive and common conditions. These details are a useful resource when establishing a package of typical details mostly known as standard details. The standard details package becomes essential in the preliminary phase of the project planning process. It acts as a starting point in the design process.

Having a Library of Details considerably improves efficiency by cutting the time spent to recreate the same repetitive details, and it promotes high quality control through constant review and refinement of details, both of which help to yield the best design solution.

In order for the Library of Details to be an efficient and reliable resource, it is vital for the library to be organized in a way that is easy to use according to specific needs and technical requirements of the project. The Library of Details catalogued by product type, assembly location or materials used ensures quick search results and an efficient way to save the details based on the specific types and conditions that are being used in the design process.

Time saved to produce details al- ready created for another project, which may have similar conditions means there is less possibility for errors to occur as the details are constantly updated. Thus, less management time is needed as the detail sheets are assembled according to the type of construction and any other technical criteria.

It is very important to understand that creating a Library of Details is a consistent process of developing, revising and updating these details to depict current code information, most efficient building-assembly solutions and the most current building products available. The revising and updating process enriches the entire Library of Details system, providing an opportunity to incorporate new systems and procedures applicable to specific design criteria. When the detail is revised, it allows for better construction solutions, which can save the client potential construction labor and material costs.

Within an organization, the Library of Details can also work as a potential resource for training of new design staff. A Library of Details allows the design professional the ability to utilize concepts and design solutions already implemented on previous successful projects that have already proven to be the most effective. The engineer would be able to save much design time by extracting from the core of the detail the basic concept/idea and using that as a starting point to assemble the required and desired detail applicable for a specific project.

As part of the project planning process, the standard Library of Details is a rich and useful resource, which can instantly guide the first steps of the preliminary design. It is also a reliable tool in providing virtual feedback to assure that the proposed system in place is feasible and economically viable.

In terms of sustainability and a green solution, all efforts in planning ahead, standardizing to avoid conflicts in the execution of the design process and using the appropriate materials in an appropriate manner are a crucial contribution that the use of standard procedures such as standard details can bring to a project.

Creating a Library of Details is just the beginning. The key distinction for having a successful Library of Details is for it to be regularly updated. Frankly, we view our library as on ongoing work in progress. As long as our industry has code changes, products are developed, efficiencies are created and so on, the library needs to evolve with those changes.

Creating and maintaining a useful Library of Details requires an investment of time. However, the benefits of having such an important tool are far reaching for the design professionals, the construction team, the client and the environment.

July 2008 Builder Architect Edition Issue

How to Design Your Marketing Materials for Maximum Results

All marketing materials utilize some form of graphic design. Graphic design is a critical aspect of the overall perception and image of your company, and it plays a key role in the success of the specific promotional materials.

The design of your promotional materials has two primary objectives. First, it must generate attention in what is typically a very cluttered environment. Second, it must help the target audience quickly and easily absorb the information presented and why it will benefit them directly.

But what makes graphic design effective? Here are six very important features that all effective promotional material should incorporate to maximize response and overall penetration.

1. Have One Dominant Feature

An effectively designed promotional piece has one dominant feature. This feature is typically an image or a headline. It is designed to catch the eye and draw the reader into the body copy or other sales messaging. Typically, you only have about two to four seconds to grab the attention of your targeted reader. A good rule to remember is to keep it simple - when you try to emphasize too much, you end up emphasizing nothing.

2. Minimize Typeface Variety

Use one, maybe two, typefaces - total. Using too many typefaces upsets the flow and makes your piece harder to read. Remember, not only is the typeface contributing to a compelling story, it must effortlessly guide your reader to where you want them directed.

3. Text Must Be Easy to Read

The text of any promotional piece is where most of the selling occurs. Type style is a very critical element that could dramatically increase the readability of your piece. Before you embark on writing your copy, have a good understanding of whom you are addressing, what style they would be most comfortable with and what would most likely get them to respond. Type should not be too small or condensed. Narrow columns always read better than wider columns. Paragraphs should be short and to the point. Long-winded sentences and paragraphs typically scare readers away, especially those who have little time to devote to your sales message. Try using bullet points and subheads to break up text and help guide the reader through your message. The more inviting you make your copy, the greater the chance it will be read.

4. White Space Is Good

Don't be afraid of white space. You don't have to fill every inch of your promotional piece with copy and pictures. White space makes everything within it jump out and get noticed. Sometimes, saying less makes a bigger impact.

5. Use Relevant Images

It's true what they say about a picture being worth a thousand words. Images in promotional pieces must help support your message, not confuse the target audience. One main image typically works better than multiple supporting images. Try to use an image that grabs the attention of the reader and draws them into your sales copy. But be careful not to use an attention-grabbing image that could portray the wrong image of your company.

6. Tell Them What to Do

You've managed to get your target audience's attention. You've aroused their interest and desire. You've guided them through your clear and concise text. Don't leave them now. Most companies forget to include this very critical final step: Tell them to do something.

Make sure that all of your promotional pieces have a strong call-to-action built into the design. If a prospect reads to this point, you have someone who is very interested in what you have to say or sell. Tell them to buy. Tell them to call. Send them to your website to enter a contest. Just tell them to do something and watch them do it!

Creating effective promotional materials is not an easy process. It is both an art and a science. Many companies do not take these materials as seriously as they should, and as a result, they never get the response rates or return-on-investment they are capable of achieving. So, whether you create your own materials or you have a professional firm create them for you, make sure you apply these simple, proven rules.

July 2008 Builder Architect Edition Issue

Healthy Buildings USA

Embracing the Opportunities of Green Building

By Kay Wilthew

Industry pioneer Healthy Buildings USA was developed through personal circumstances that confronted the company founder and CEO Bob Massaro. Twelve years ago when his child was stricken with asthma, Massaro combined his public health and biology education with his building and design expertise to create a healthy indoor environment for his family. Massaro's response helped his child and put him on the path to creating healthy environments for his entire community.

In the 1980s before "going green" was a mainstream concept, Massaro and his brother, architect Jon Massaro, operated their design/build firm to create "healthy" buildings that were good for occupants, easier on the environment and made sound economic sense. In the late '90s, following the incident with his son, Massaro redirected his efforts to focus exclusively on green and healthy buildings and launched Healthy Buildings USA, a company whose leadership and educational efforts have helped to guide the building industry to an environmental perspective.

Clockwise from left: Bob Massaro (sitting), CEO; Elizabeth Olcott, managing principal; Christopher Gustin, manager, government relations; Jon Massaro, principal architect; Summer Seret, marketing coordinator; Sara Rosenthal, development principal (Photo courtesy of Seymour & McIntosh)

Company principal Sara Rosenthal believes the health benefits of green building are often overlooked. "Most people learning about green are totally focused on the environment, and the health aspect is a fairly new dimension." Like Massaro, Rosenthal has her undergraduate degree in biology. She later added her MBA from Stanford.

Long a proponent of green building, Massaro recognized its significant health benefits. "Because I was initially educated in biology, I understand the impact the environment can have on the human body. I decided if I'm going to build the environment in which people live, work and learn, let me make it such that it doesn't do them any harm."

Napa Townhomes - kitchen and living area. Designed with a special focus on energy efﬁciency and environmental sustainability. Stained concrete and laminate ﬂooring, tankless hot water heaters, wheat-board cabinets, dual-ﬂush toilets, zero-VOC ﬁnishes (Photo courtesy of Healthy Buildings USA)

Evidence proves green building's substantial economic, environmental and health value. Says Massaro, "The data now overwhelmingly demonstrates that healthy buildings result in less absenteeism and higher productivity. The connection between healthy and green buildings and economic benefits has been firmly established. The rating systems such as LEED and GreenPoint Rated recognize this. People who live in healthy buildings are benefiting themselves, and benefiting the planet."

The principals of Healthy Buildings believe that architects and builders have a moral obligation and social responsibility to create sustainable environments. Says Massaro, "This business is much more than just building build- ings and making money, it is also about opportunity. Architects have the opportunity to design beautiful buildings that function properly and last a long time. Smart builders have the opportunity to build good buildings that have a positive effect on their bottom line, and on the life of our planet."

Sonoma custom home - built green and healthy; solar net zero energy (Photo courtesy of Healthy Buildings USA)

Regional church HQ - commercial application of green and healthy (Photo courtesy of Healthy Buildings USA)

Healthy Buildings has combined their "hands on" green design and building expertise with an outreach agenda. The company's LEED certification consulting and educational services are available throughout California. Explains Massaro, "We decided if we're going to be truly sustainable we must bring sustainability to others; to educate, to inspire and to motivate. We're qualified to advise our clients on attaining LEED certification and to achieve Build It Greens' GreenPoint rating."

The scope of the company's involvement in a project varies, explains Elizabeth Olcott, managing principal. "On some of our projects we're the project manager or consultant, on others the general contractor. So not only are we providing consulting and project management services, we can also build out the projects."

Light-gauge steel framing of townhome project, Napa (Photo courtesy of Healthy Buildings USA)

View of Valley Oak Villas townhome community, Napa. Recognized as one of the Top 15 Green Communities in the Bay Area by Solano magazine (Photo courtesy of Healthy Buildings USA)

Christopher Gustin, manager, government relations, with 30+ years working in public agencies is uniquely qualified to assist municipalities in drafting their green-building ordinances. "My role is to help the local governmental agencies put the rules in place to encourage a higher level of construction standards - to go beyond the minimum standards and make them healthy, high-performing buildings."

Massaro believes their message must emphasize high-performance building. "There are those that equate environmentally sustainable buildings with the 'tree huggers' of the '70s and '80s. To me this is all about performance. High- performance buildings consume less energy, emit less greenhouse gasses, cost less money to operate, require less maintenance and are healthier, happier places. And yes, they also save trees."

1986 hillside home; among Los Angeles' ﬁrst healthy homes (Photo courtesy of Healthy Buildings USA)

Adjacent to the Hollywood sign, late 1980s, early green and healthy features (Photo courtesy of Healthy Buildings USA)

Healthy Buildings USA also develops select high-visibility projects promoting innovative green technologies. Says Massaro, "We now look at the projects we develop as R&D opportunities. The technologies of today considered 'cutting edge' or 'pushing the envelope' will be commonplace in three to five years. We consider part of our job to implement these technologies now, so that we can help them become commonplace sooner.

"Ultimately, the more we humans damage our environ- ment the more we're going to harm ourselves. We in the building profession have the knowledge and skills - let's use them. Information is there for the taking."

Massaro conveys a sense of urgency. "This is the turning point in the building industry. The way we design and build buildings is going to change radically. They will be built so they don't consume energy or they'll generate their own energy. Different materials will be in place, designs will change and the way buildings integrate with the environment will change. Technology will push us to living differently. With sustainable building practices, we can actually have a better quality of life - healthier environments, lower costs and put less stress on the planet. We just have to embrace the opportunities, which includes change, and the rest will follow."

Healthy Buildings USA is located at 100A Coombs Street, Napa, CA 94559. Call (707) 265-0265 or visit healthybuildingsusa.com for more information.

More Than Noteworthy

March 26, 2008, the State Assistance Fund for Enterprise, Business and Industrial Development (SAFE-BIDCO) presented the 6th annual Green Entrepreneur Award recognizing excellence in sustainable business practices throughout Northern California to Robert D. Massaro and Healthy Buildings USA.

Areas of Expertise

- Project management and technical consultation from schematic design through entitlements, and through the entire construction process.
- Guidance of staff and local stakeholder groups to facilitate the development of green-building ordinances.
- LEED and Build It Green Project Ratings. Coordination of the project team's effort to achieve USGBC's LEED or Built It Green's GreenPoint-rated verifications.
- Cost/benefit analysis for design elements under consideration, and constructability review from a green- building technology perspective.

Expanding the Team

In early 2007, Massaro realized his ability to foster sustainability was limited by the number of projects his company could complete in any one year. He really wanted Healthy Buildings work product to be sustainability, and not just designing or building structures like homes, offices and schools. Once he realized he wanted to sow the seeds of sustainability, Healthy Buildings' new business model became clear, and so did its need for experienced and knowledgeable talent. Thus the addition, in mid-2007, of Elizabeth Olcott as managing principal, and in early 2008 of Sara Rosenthal and Chris Gustin as principals. Each brought with them considerable knowledge, experience, academic credentials and green-building certifications (including LEED AP, AICP, Green Point Rater and Certified Green Building Professional designations). More importantly, they brought the same vision as Massaro's, namely that of designing and building in the most sustainable manner possible.

2008 Projects

- New commercial office building, 6,500 square feet, in a high-visibility location and a 31-unit residential building for the Gasser Foundation in Napa. Both targeted to be LEED Gold, they will have a significant impact on both residential and commercial development in the entire city of Napa.
- A new dormitory for 61 students of the Culinary Institute of America at Greystone in St. Helena, a nationally respected institution. Targeted to be LEED Gold, this project elevates educational housing to a higher level of sustainability.
- 16 one- and two-story new custom homes in Yountville, Napa Valley. Zero energy, sustainable homes; targeted to be LEED Gold and GreenPoint rated, these homes will include several features new to sustainable design.

June 2008 Builder Architect Edition Issue

Appreciation in Numbers

By Maurice Levitch, AIA

I'm thinking again about how projects come together, about how an idea becomes a reality from the perspective of all involved. We are so engrossed in the process on a day-to-day basis that we may lose sight of the awesome orchestra of talent that we lead as designers and builders.

From the client or end user to the craftspeople involved, there are so many ideas, materials and people moving around that it is a wonder anything gets done at all. There will certainly be mistakes and misunder- standings along the way.

With a moving target of real estate values, financing issues, new materials and methods, and rising fuel costs, we are challenged even more than before with turning out successful projects.

Just to get it out on the table, here are all the players in the band that I can think of right now: property owner (along with family and friends), neighbors, realtor, appraiser, lender, architect and associates, engineer and associates, planning and building department (along with outside plan-checking service and field inspectors), interior designer, builder and associates, subcontractors and material suppliers.

For a recent small bathroom remodel, I counted up to 53 individuals involved in creating the project! Just think of how many folks are concerned with a larger project. At a recent SF Giants baseball game, as I was talking to my cousin who runs the "Guzzler" slide, I heard one of his adult clients proudly say he had helped build the thing. We must acknowledge and share the pride in creating a project with all those involved, because, for most people, a project is more than a paycheck.

In my Spanish class, El professor brought in students from the ESL class so we could practice English and Spanish together. A majority of the ESL students were in the construction trades and had left their families back in their country. One of them said that El Jefe (the boss) required that he enroll in the class. This man, with great feeling, said his boss was a "buena persona," telling us how his boss had come to the job and asked him to stop working so they could go to lunch together. The humanity in this was so clear that it made me look for ways to express my appreciation for my own crew better and more often. Being so busy with getting the project done can blind us to the importance of making sure to share our gratitude for those who give so much for us every day.

Whether you take a worker out to lunch, buy him or her a tool, offer to loan out the company truck for the weekend, teach your employees about a new building system or simply acknowledge the nice work they just completed, you will be a better person and have a better staff to show for it. The same goes for the many others involved in the project. It is even OK to let your client know that the idea he or she had for the handrail detail was a winner!

June 2008 Builder Architect Edition Issue

Buyer's Remorse in a Down Economy

By Jan Gruen

It's no secret that the building industry has been hard hit by a declining real estate market. With markedly slow sales, there is an abundance of available product, and the value of California homes has decreased. Inarguably, those who bought homes before the downturn now own homes worth considerably less. The result? Home builder attorneys are seeing an increase in defect claims coupled with demands that builders "buy back" their homes. Are these the symptoms of buyer's remorse and a desire to offset economy driven losses?

In times when home values are consistently increasing, buyers with defect claims typically seek monetary compensation to fix their homes. In the absence of serious conditions, owners do not tend to consider selling their increasingly valuable asset back to the builder. In a strong real estate market, the voluntary buy-back concept emerges only where there are severe defects, when a defective home can be repaired and resold without much delay or loss, or in other extreme situations. Under such circumstances, a buy-back may sometimes be preferable to the outcome of litigation. Voluntary buy-backs are accomplished by repurchasing a home at the current market value or at some other fixed point in time, plus any additional reimbursement of reasonable out-of-pocket expenses incurred.

In today's economy, buy-backs are even less attractive to builders who are loath to add more product to their inventory in a very slow moving market. Faced with strong resistance to the voluntary buy-back concept, especially for weak or garden-variety defect claims, some owner-claimants are filing suits and demanding the rescission of their purchase contracts in lieu of more traditional monetary compensation. Armed with laundry lists of claimed defects, some real and some not, the goal is to force builders into a buy-back. These claims are often made years after purchase of the home.

Under the law of rescission, a party to a purchase and sale contract can rescind the contract and return the property where there is proof of fraud or mistake. Given the onerous nature of the remedy, proving the elements necessary to successfully rescind a contract are challenging. Rescission requires the complaining party to prove the intentional withholding of material information that, if known, would have affected their decision to purchase the home (fraud) or the existence of severe defects sufficient to establish that the home was, unbeknownst to the buyer, materially different than that bargained for (mistake).

Strong defenses to rescission exist and make the likelihood of victory even more questionable. Rescission is improper where a buyer: (1) fails to file a timely suit: an aggrieved party has three years from the time they discover, or reasonably should have discovered, the facts constituting the fraud or mistake; (2) waives the right to rescind, having accepted benefits under the agreement with full knowledge of facts warranting rescission; e.g., disclosure; (3) fails to perform obligation(s) under the contract; (4) unreasonably delays in asserting a claim to the prejudice of the seller, e.g., the long-term owner; or (5) seeks unreasonable or non-compensable damages. Other defenses may also apply.

While an aggrieved and victorious party is entitled to recover bona fide non-duplicative losses incurred, not all claimed losses are recoverable. The rescission of a housing contract allows the purchaser to collect only "reasonable" out-of- pocket expenses incurred in the course of the transaction. Such expenses include costs of repairs and improvements, taxes, interest paid to the seller, escrow and closing costs, operating losses during the buyer's maintenance of the property and payments made to reduce existing encumbrances on the property. A credit is then given for the reasonable rental value of the property during occupancy. If the elements of fraud or mistake are met, the battle will necessarily focus on recoverable damages.

Until the real estate market strengthens, I am certain we will continue to see questionable rescission claims brought against builders, as attorneys employ creative remedies to address adverse market conditions. Less certain is the relative success of rescission as a method offsetting decreased property values.

June 2008 Builder Architect Edition Issue

The Vision Becomes a Reality

Part 5 in the Outsiders Series

If you had the world's greatest idea, but it remained unrealized, what would you have truly proven? It's a key question for visionaries.

As we saw in this column two months ago, New Jersey architect Malcolm Wells had an epiphany in 1964 about how building underground would benefit the planet. Last month we saw how the vision took over his mind and his life.

In 1970, he had another epiphany; he couldn't merely revel in his idea. Rather, he needed to prove that it could work.

Determined to show that underground buildings could be beautiful and serene, the cash-strapped Wells spent $6,000 on a small lot in Cherry Hill and set out to create an office for his firm. Passionate about his experiment, he laid the bricks himself.

Wedged between busy Route 70 and Dale Avenue, the site wasn't appealing, but Wells blunted the highway noise by building the structure one story below ground level. A sunny pebbled courtyard around much of the perimeter enabled daylight to slant down through windows, creating a cheerful environment.

People took notice, including The New York Times, in both 1973 and 1976. One Times photograph captured Wells in the office, with arms outstretched under a skylight bubble. He looked like a man receiving life's bounty.

Clients expressed great interest in his way of building. Members of a cooperative Ohio community had him design a complex of solar underground houses. Before decade's end, clients in several mid-Atlantic states built Wells' earth-sheltered designs for houses, arboretum facilities and warehouses. (I said "earth-sheltered," not "underground," because some buildings were bermed but bore conventional roofs.)

Even as the word spread, he refused to wait around for others to discover his ideas. Instead, he published reams of articles, such as "Why I Went Underground" and "An Ecologically Sound Architecture Is Possible." In a weekly environmental column for the Philadelphia Bulletin, he lambasted polluters, irresponsible developers and politicians.

And, in 1977, he self-published Underground Designs. This handwritten, stapled book of plans sold more than 100,000 copies, partly because the energy crisis sparked interest in super-efficient homes. The profitability of this book enabled Wells to change his life yet again.

He and his wife fled the increasingly horrid New Jersey suburbs for Cape Cod, where Wells built a bermed house on a large, woodsy property. Completed in 1980, the house received ample television, magazine and newspaper coverage, also appearing in many books by Wells and others. Photographs showed greenery climbing from the ground onto the roof, enticingly hiding the building. A skylight ran the length of the house, bringing in bountiful light. Windows at ceiling height made the place even sunnier. And rustic trusses lent rooms a charming earthiness.

Three years after moving in, the couple parted ways. A builder-developer "Cape- Coddified" the house (in Wells' words) by tearing out the central skylight and shingling over that part of the roof.

When Wells remarried in 1984, he and his bride bought a sizable lot with a small aboveground house. He hoped to burrow underground again immediately. Lacking funds to build another house (because the divorce had wiped him out), he decided on an underground art gallery for his landscape painter wife, Karen North Wells, with an office for himself at one end. (He hoped to add a residential wing, but the money has never become available.)

Construction began in 1987. On the fairly level site, he excavated a large central area. Instead of carting away the soil, he mounded it to the side. In these ways, he made a small hill where there hadn't been one before. The dug-out space became a graveled parking lot. The rectilinear gallery sits under the new hill, with a wall of windows facing the parking lot to the south. Sun streams in through those windows, making the gallery bright and cheery. Ten knotted pine trunks from the site now serve as interior columns, adding further appeal.

Atop the roof lies a thick field of trees and grasses. Some of the plants drape down over the structure, as if providing a bit of modesty.

Beyond proving that underground buildings can be warm and inviting, the gallery realizes Wells' inside-out vision of how architecture should be. That is, the exterior makes a humble statement, rather than dominating the Earth, while the impressive architecture lies indoors.

June 2008 Builder Architect Edition Issue

Solar Panels /Tiles

Innovation and Structural Considerations

With the increasing implementation of green-building practices, concepts from the past have been resurrected and are being presented as advancements within the residential construction industry.

ADVANCE FRAMING/ OPTIMUM VALUE ENGINEERING

In our recent column, we discussed "Advanced Framing/Optimum Value Engineering," and presented an overview of advanced framing, which was developed in the 1970s by NAHB and HUD and referred to a variety of techniques designed to reduce the amount of lumber used (reducing structural redundancies) and waste generated in the construction of wood-framed houses. In addition, it also improved energy efficiency and acoustical performance.

SOLAR PANELS

In addition to the above efficiencies achieved through advanced framing for residential construction, the evolution of solar panels has progressed immensely since the 1970s with the implementation of a combination of revolutionary materials to drive efficiencies from below 10% to the high teens. For example, an individual 32"x62" SunPower 215 solar panel produces 215 watts at 17.3% efficiency. SunPower gains greater efficiencies from their panels partially because the electrical contacts are placed on the back of the solar cells, which also results in a better-looking panel compared to the conventional silvery-blue solar panels with which most of us are familiar.

Current solar panel systems have been refined to "stand off" current roofing material with sufficient attachment to withstand wind uplift loads, as well as to provide adequate ventilation below the panel for maintenance purposes.

Since solar panels are typically installed postconstruction, the additional 2.4 lbs./ square foot beyond the existing roofing material weight may warrant evaluation of the current roof structure (stick framed or trusses) for its ability to vertically support the added assembly. Also, the added panel weight may increase the seismic lateral loads at the roof level sufficiently enough to exceed the existing shearwall panel capacities and/or wind loads (solar panels will act as hydrofoils upon pitch roofs), creating uplift connection and framing concerns. Thus, within high wind or seismic regions, having a structural review and implementing recommendations by an engineer may be prudent.

SOLAR TILES

Recent advancements in technology over the past decade have brought about the introduction/improvement of solar roof tiles, which have been integrated into new residential home construction utilizing flat or S-Tile concrete roofing material.

Solar tiles have been recently accepted by home buyers without reservations and have even provided bragging rights for homeowners to their friends and colleagues. But who wouldn't be bragging about being ecologically friendly as their SunTile roof converts up to 22% of available sunlight into electricity!

Since the solar tile material (5 lbs./ square foot) is installed during new construction, the originally prescribed concrete tile roofing material (7.5 to 9 lbs./square foot) is substituted with the solar tile (SunPower SunTile) without any structural ramifications.

COMMERCIAL APPLICATIONS

Solar panels are rapidly appearing within new retail construction as well as existing retail buildings, which are being structurally evaluated/rehabilitated to accept rooftop-mounted solar panel arrays and associated equipment, such as control panels/converters.

The electricity produced utilizing the rooftop-mounted solar arrays are easily powering the interior store lights for thousands of Big Box stores (like Macys, Lowe's, Target, Wal-Mart). Can you imagine the number of solar panels you can get on a 50,000-square-foot box store?

SUMMARY

Solar energy is present every day (OK, unless you are in Alaska … which experiences variances of almost 24-hour daylight to 24-hour night).

We have millions (more like hundreds of millions) of square feet of retail rooftops and billions of square feet of residential rooftops in the U.S., which all see the light of the sun. Our task is to effectively capture this energy resource consistently with solar tiles and rooftop-mounted solar panels while folding it into current designs (architectural and structural) that enables the installation of "optional (solar) equipment."

June 2008 Builder Architect Edition Issue

Supporting Environmental Stewardship Through Regionally Based Development Planning

By Jason M. Brandman

Over the past century, development activities have dramatically altered the natural landscape of California. As our population has grown, the state has realized shrinkage and isolation of natural habitats, altered flows in streams and rivers, and introduced non-native plants and animals and pollution of the air, land and water. While California has enacted more environmental protection laws and regulations than many states, we also have more growth planned.

The California Council on Science and Technology recently predicted that a storm surge off the Northern California coast combined with heavy rainfall could swamp the aging levee system in the Sacramento Delta, directly affecting the 6 million Californians who live nearby and threatening the water supply for much of Southern California. This type of concern has led to such responses as Gov. Schwarzenegger's actions on greenhouse gases. However, as most developers and the consultants that assist them have experienced firsthand, a lack of data makes it difficult to plan appropriate responses. Some scientists believe that in this century, California winters will become warmer and wetter. Because most of California's rain occurs in winter, predicted changes to weather patterns will eventually lead to less snow and more rain, increasing winter runoff and decreasing summer stream flow, thus intensifying the level of statewide water demand. This will clearly affect all types of development from infrastructure to new residential building.

The weather we experience here in the northern part of the state is vastly different from what our neighbors to the south encounter; therefore, a one-size-fits-all goal makes little sense. In his presentation, "A Regional Climate Change Concept," former director of the Scripps Institute of Oceanography Charles Kennel stated that regional climate studies focusing on small-scale, localized networks, coupled with economic and social information such as infrastructure costs and risks, are the most reasonable solution to addressing regional need.

Indeed, we see the success of this approach in local development when it is approached in a manner cognizant and respectful of natural resources. The city of San Ramon's City Center project is an excellent example of combining development needs with respect for the environment. The 2.1-million-square-foot mixed-use infill project aims to capitalize on its adjacency to regional transportation facilities, major employment centers, commercial retail centers, a central park and a community center to reduce vehicle miles traveled and to promote public transit and bicycle and pedestrian modes of transportation. In concert with the city's 2020 general plan, City Center is projected to result in approximately 11,100 new residents; however, the design allowed that at least 50% of the total project landscaping would consist of drought-tolerant trees with low ozone-forming potential, thus significantly reducing its potential carbon footprint. The project is local in design, but the concept is highly generalizable … as good planning - and good environmental stewardship - often is.

June 2008 Builder Architect Edition Issue

Integrate Your Marketing Programs and Get a Bigger Bang

Integrating online media into your current conventional marketing strategy can significantly enhance your return on marketing investment. Adding online components gives your customers and prospects the benefit of immediate gratification by allowing them to access important information on a 24/7 basis. And it puts them in charge of how much and when they want to "drill down" for additional information. These elements are designed to get your prospects more deeply involved with your marketing programs.

Here are some specific examples that we have found to work well within the building industry.

DRIVE TRAFFIC TO YOUR SITE WITH AN OFFER

One of the first imperatives of marketing is to establish and develop a one-on-one relationship with your prospects. The idea is that the more you know about them, and the more familiar they are with you, the closer you are to a sale.

One thing online media can do very inexpensively is capture information. Offer your prospects an incentive to come to your website to sign up for a special offer. This offer needs to correspond with your messaging or theme and should provide enough incentive for your prospect to sign up. For example, if you are promoting a new-home community using an Italian theme, try offering an "enter to win" promotion where they could win a free dinner at a local Italian restaurant, an Italian cooking class or something else along these lines. You can really get creative here.

Once at your site, you can capture some key information about them. Most people are willing to give up a limited amount of information in order to qualify for something they deem valuable.

Not only will you be establishing a relationship with your prospects and providing value, you will be building a database that can be built into all your future marketing efforts.

USE A MICRO-SITE TO CUSTOMIZE EACH CAMPAIGN

You don't want to completely overhaul your website every time you launch a new campaign, but you do want to have some consistency between the look of your campaign materials and the look you have online. How can you have both? With a micro-site.

A micro-site is a mini website that typically has a short life span (several weeks to several months) and a limited number of pages. Think of a micro-site as an interim landing pad that provides the connection between the current campaign and the corporate website. Once at the microsite, visitors can get the information they need on that specific project without having to surf through the corporate website. They could then choose from several options to get more information by clicking on links that would take them into the corporate website.

Another benefit to micro-sites is that you can precisely measure the response to each individual marketing campaign by tracking who hits the micro-site, where they've come from and how many of them visit the corporate site for more details. It's a great way to test the response rates and effectiveness of different campaigns.

PERSONALIZED PASSWORD- ONLY ENTRY BOOSTS RESPONSE

It has been proven that the more you can personalize your marketing activity, the better your response. If you can offer a personalized Web experience, you can dramatically improve the effectiveness of your marketing efforts. For example, if you use direct mail, offer a personalized password or code on each direct-mail piece. The password can be used online to enter a contest, complete a survey or qualify for other premium offers. Most people can't resist checking to see what their very own personal code will get them. One builder saw response rates go from 3% using traditional direct-mail response mechanisms to 20% using a personalized password response mechanism. That's a 666% increase in response rate!

In today's competitive world of marketing, you have to test any strategy that could make a difference to your bottom line. If you are already integrating your online and conventional marketing activity, you already understand the benefits and rewards. If you're not, put some of these suggestions into your marketing arsenal. The results will impress you.

June 2008 Builder Architect Edition Issue

Jensen/Ptaszynski Architects

Creating Architecture Through Collaboration

By Kay Wilthew

To Jensen/Ptaszynski Architects, the personal relationships established between clients, architects and contractors are of equal importance as their imaginative, well-detailed building projects. Principal and owner Andre Ptaszynski embraces a collaborative operating style based on mutual respect for each person's opinions, experience and talent. The resulting studio environment inspires creativity through a cohesive team committed to producing exemplary architectural projects with high customer satisfaction.

Jensen/Ptaszynski Architects specializes in residential and commercial work, including luxury homes and professional buildings. Of special interest is the company's contribution to the historically significant Sea Ranch housing development along the North Sonoma coast. Initiated in the 1960s, Sea Ranch claims the distinction of being the country's first ecologically sensitive development project. Ptaszynski believes this project has proven a tremendous asset to Jensen/ Ptaszynski's portfolio. "It's incredibly dramatic country, and it really was the very first project to consider the environment. In the manner that Earth Day was established back in the '60s, Sea Ranch is of that vintage. It stretches back to that first consciousness of ecology."

The Jensen/Ptaszynski Architects team, at the James house, a major remodel in Danville. (Photo by Bruce Schneider)

The development was so innovative that Ptaszynski recalls studying the project in architectural school. "Our work at Sea Ranch is not only reward-Jensen/Ptaszynski Architects ing by virtue of its history, but also personally rewarding because I was a student when Sea Ranch was first being introduced as an architectural concept." Jensen/Ptaszynski Architecture built 10 of the houses in that development. "It's a body of work of which I'm very proud, both in its formal qualities and because our clients really love their homes. It is also fascinating to be working with the latest concepts of sustainable and green architecture in the place where it all started."

After graduating from Yale, Ptaszynski traveled extensively, working in Africa, London, Alaska, San Francisco and then settling in Vermont. But Ptaszynski was drawn to the West Coast's urban spaces and returned to the Bay Area, working with Jensen/Ptaszynski Architects' founder Harley Jensen. Upon Jensen's retirement, Ptaszynski purchased the company and applied his own business philosophy. "I've always enjoyed a sense of collaboration - that sense of dialogue, that we enrich each other, and together, something happens that is beyond each of us."

The Perez residence living room at the Sea Ranch, Sonoma County (Photo courtesy of Andre Ptaszynski)

The firm's open-forum approach encourages an environment of participation. "We all have a voice, we can all express our opinions and say what we think," adds designer Patrick Gaughan. "That's a wonderful direction."

Architect Jim Brencic appreciates Jensen/Ptaszynski's respect for individual abilities. "We work together as a team, and we are very collaborative. We work like a studio in that we make use of each other's strengths. We look to and lean on each other in finding solutions."

The Concord-Diablo Federal Credit Union, Concord (Photo courtesy of Frank Domin Photography)

Ptaszynski reiterates the benefits of a studio atmosphere. "We associate the word 'studio' with architecture school - essentially a place where one is provided with the opportunity not just to learn from your professors, but also to learn from each other. That is actually where most of the learning happens, and so there is always dialog over projects, their sustainability, functionality or aesthetics."

Creativity thrives when a true collaboration exists between the client, architect and contractor. Gaughan notes that Jensen/Ptaszynski often receives referrals, and their clients remain in contact. "I think that's really important. It's very rewarding maintaining a relationship with the client. It's a human connection, its not just business."

Coastal fog over the first Jensen/Ptaszynski house at the Sea Ranch, Sonoma County (Photo courtesy of Harley Jensen)

The new cabana and pool at an old Victorian house in Alamo (Photo courtesy of Harley Jensen)

Brencic attributes Jensen/Ptaszynski's success and reputation to their attention to detail, from project concept through completion. "We manage the project as a whole, from the planning stage to the point when the key is put in the door. We're strong all the way through, from be- ginning to end."

Jensen/Ptaszynski specializes in custom architecture. "Our job is to solve unique problems," explains Ptaszynski. "Every problem is different, and we bring the understanding that each needs an exclusive solution." The team applies no pre-existing formula or templates. "Each client, site and context is unique; where we excel is coming to grips with what a particular project essentially entails and addressing that specific situation."

Andre Ptaszynski with team members Patrick Gaughan and Jim Brencic at the James house in Danville. (Photo by Bruce Schneider)

New medical offices for Dr. Adam Wallach, Danville (Photo courtesy of Frank Domin Photography)

The firm strives to bring the inherent intimacy of residential projects to commercial projects as well. Brencic considers the client experience as essential to the success of any project, whether commercial or residential. "Many of our clients come to us with their most precious possession: their home. It's a very tenuous and nerve wracking position. We definitely want to make it comfortable, pleasant - and even fun - because it should be an enjoyable experience."

The new entry porch at the Schwartz house, Moraga (Photo courtesy of Frank Domin Photography)

It's the end result, the client's enthusiasm that the Jensen/Ptaszynski team finds most rewarding. "I definitely want to see beautiful buildings as a result of our efforts, but without the client satisfaction it's a hollow victory," says Ptaszynski. "The client satisfaction is that dimension which truly makes it all worthwhile."

Jensen/Ptaszynski Architects is located at 3449 Mt. Diablo Blvd. #A, in Lafayette, CA 94549. Call (925) 284-4398 or visit jandparchitects.com for more information.

May 2008 Builder Architect Edition Issue

Show Me Some L OVE Advanced Framing/Optimum Value Engineering (OVE)

Paris A. Tabor P.E.

The topic of green building is everywhere. Mostly, architects have led the discussion with some inviting the project team to collaborate with them.

Structural engineers can also lead the green conversation, contributing significantly to their projects. This month's article introduces advanced framing, a method to promote green building.

Advanced framing (developed in the 1970s by NAHB and HUD), sometimes called optimum value framing (OVE), refers to a variety of techniques designed to cut back on the amount of lumber used by reducing structural redundancies and waste generated in the construction of a wood-framed house as well as improving energy efficiency and acoustical performance.

Combining the following principles into the building design would be a big step towards achieving an efficient assembly and ultimately achieving OVE:
- 24'' o/c framing: Beginning with the principle of "direct alignment" or "in-line framing," the roof trusses (including girder trusses) will have to align with the second floor wall studs, which will align with the first floor wall studs.
- Exterior walls: 2x4 versus 2x6: Using 2x6 in lieu of 2x4 assembly will permit higher R-value insulation to be installed within the wall cavity.
- Modular layout: Architectural design (i.e., face of sheathing dimensions) as well as establishing roof overhang depth along the roof pitch/plane based upon a 24'' module.
- Window/door header jack studs/trimmers/cripples eliminated: Use fasteners (nails or hangers) in lieu of door/window trimmer at openings. In addition, eliminate cripple stud trimmers at windowsill.
- Window/door openings layout: Position window/door openings to align with 24'' modules, i.e., door/window king stud align with 24'' stud layout. In addition, utilize window manufacturers that have 22.5'', 46.5'', 70.5'', etc., rough-opening requirements.
- Single wall top plate - exterior and bearing walls: Based upon the "direct alignment" principle, top plates will not experience mid-span loading, thereby reducing assembly requirements (all top chord breaks will require metal strap installation).
- Single wall top plate - interior nonbearing walls: Any nonbearing partitions can be built with a single top plate.
- Correct-size headers: Sizing all roof load-bearing headers for actual anticipated load and eliminate all headers at interior nonbearing walls and use 2x stick-framed headers.
- Floor rim joist header: In lieu of door/window header installation to support the assembly above, utilize the continuous floor rim joist capacity. At higher loading conditions, it will require double rim joist - floor joist hangers may be required over "header" length.
- Framing practices: Use ladder blocking or 2x6 backing nailer in lieu of "Ts," "open corner" framing, drywall clips at interior corners and top plate (eliminating backing). Utilize "blueboard" at the exterior nonshear wall lengths rather than OSB/plywood sheathing when doing "full-building wraps."

With the above practices in place, you should achieve many advantages, including:

Energy Efficiency

With the wider stud spacing, heat loss (conductivity or thermal bridging) through the studs is reduced, and a greater percentage of insulation can be installed within the wall cavity.

With floor rim headers, wall insulation may be placed directly over door/window headers thereby increasing the overall wall assembly R-value.

Potential annual heating and cooling cost savings of up to 5%.

2x4 versus 2x6

Using 2x6 in lieu of 2x4 wall assembly will permit higher R-value insulation to be installed within the wall cavity.

2x6 and 24'' o/c versus 2x4 and 16'' will equate to similar lumber unit project requirements.

Lumber Material and Waste Reduction

Average material cost savings of $1,000 for a 2,400-square-foot house.

Labor Cost Savings

Fewer studs to carry, fewer to install, fewer to cut, fewer to nail and less waste to manage/haul away.

Anticipated labor cost savings of between 3% to 5%.

Optimum value framing (OVE) requires advanced planning and detailing to anticipate all aspects of the construction assembly; consequently, framers unfamiliar with the techniques may need additional training or consultation to become accustomed to a different way to lay out and construct advance framing projects.

Some industry professionals have adopted OVE in a piecemeal manner rather than incorporating all of it at once, as they were more comfortable doing so. Some builders have implemented this piece by piece over many homes, with plans to incorporate more, rather than piling on all the changes in at one time.

Whether you decide to implement part or all of it at once, it is a step forward in the right ... green ... direction.

May 2008 Builder Architect Edition Issue

Going to Extremes:

Part 4 in the Outsiders Series

Passion and balance seldom go hand in hand. And on the path to realizing an extraordinary vision, an architect can easily go to extremes. Frank Lloyd Wright was hardly balanced, and neither was Malcolm Wells in 1964. As we saw last month, that's when this highly successful architect (then 36) realized that above-ground buildings kill all the land under their foundations.

Horrified to think that he had paved over 50 acres, Wells decided to dedicate himself to underground architecture. The gamble eventually paid off; in ensuing decades, he became known as a pioneer in that field. He has spoken at nearly every architecture school in the nation and has published 15 books on environmental problems and solutions. But early on, his about-face may not have seemed sane.

Soon after his awakening, he informed his sizable staff that they'd be designing only earth-covered buildings. And he urged his main client, RCA, to put their factories underground. His contacts there laughed, knowing they couldn't sell their bosses on the idea. Although RCA tossed him a few above ground bones (which he took), the work dried up, and the relationship ended. Wells had made his first strides toward freedom.

As he began forging a vision of how humans should build, the ideas came in a feverish rush. He would later write about this heightened state: "Within days I had designed underground cities, underground highways, underground shopping centers."

He imagined "a world made green again not in spite of the built environment, but because of it." In this fantasy, buildings would fit their leafy contexts so well that one wouldn't know "where the land ends and the buildings begin." Such structures would encourage reverence for the Earth, not a sense of domination.

He could see his vision from every angle - from the high-up philosophical plane down to the subterranean space where engineering and waterproofing would be critical. He figured, "All I needed to do was let the world know about it and a new architecture would be born."

Endowed with the "truth," he says he spoke out "with complete authority on all my new discoveries. Little escaped my wrath ... I had found the way." In 1965, Progressive Architecture printed Wells' "polemic against everything that had ever been built on the surface of the Earth."

Determined to put ideas into action, he formed the group Rebels in Search of Beauty, crusading against billboards, litter and overhead wires. But as he soon realized, "None of that stuff meant anything environmentally. It was just a froth of an expression of the real problems."

On a personal level, too, he cleaned house. He stopped smoking. Instead of driving, he started walking 4 miles to the office where he padded around barefoot. He grew a beard and minimized personal hygiene. He recalls, "I had a lot of nutty theories about never washing my hair because the natural oils would wash it, the way they do with animal fur." Laughing hard, he says, "Pretty soon I had a big stinky mess of dandruff and horrible oil in my hair."

After converting to vegetarianism, Wells took his three kids to a slaughterhouse to witness the killing, skinning and processing of cattle.

He nixed Thanksgiving celebrations in the household, as well as Christmas trees and Christmas lights. Furthermore, he decided to compost the town's used Christmas trees and had them delivered to his yard. They sat in a pile as large as a house, barely decomposing.

His kids enjoyed playing in the aromatic pile but were less pleased when Wells swam nude in their presence. He'd been reading A.S. Neill's Summerhill, a nonfiction account of an English boarding school that gave children complete freedom. Inspired to dispense with inhibitions, Wells took his kids to a swimming hole and peeled off his clothes. The kids yelled, "Oh, Dad, no!"

Laughing at the memory, Wells says, "You just can't change too much, too quickly."

His relatives, friends and clients certainly believed that, telling him to slow down. His wife particularly encouraged him not to push underground architecture so hard.

But he disagreed. To her horror, the aptly named Wells dug a hole in the backyard to create his first underground space. He recalls, "I was just so fired up!"

To be continued!

Quotations come from interviews, personal correspondence and Wells's books: Underground Designs, The Earth-Sheltered House, Gentle Architecture and Infra Structures. For pictures and previous columns, go to evekushner.com and choose "on building."

May 2008 Builder Architect Edition Issue

Getting the Most From Your Signage and Billboards

Just about every company in this industry invests in some form of outdoor advertising. This includes billboards, banners, building signage, on- and off-site signage, bootlegs and other similar signage designed to get a message out.

We have found that most outdoor advertising does not produce the expected results. It's not that the signage was poorly designed or produced. In fact, most of what we see is very expensive to produce. The problem lies in understanding the dos and don'ts of outdoor advertising and what this potentially powerful medium should deliver.

EFFECTIVE SIGNAGE

Let's take a closer look at some of the creative and graphic design elements that are essential to effective billboard and signage development.

The design of your outdoor advertising has two primary objectives. First, it must generate attention. Second, it must help the target audience quickly and easily absorb the information presented. The average outdoor advertising unit has about three to four seconds to attract the eye of the target and get them to absorb your message. So, billboards need to be treated differently than conventional collateral materials.

But what makes outdoor graphic design effective? Here are the components we consider most critical when producing billboards and signage.

1. Have One Dominant Feature: An effectively designed unit has one dominant feature, typically an image or a headline, which catches your eye and draws you in. Keep it simple; when you try to emphasize too much, you end up emphasizing nothing. A good rule to remember is to keep the verbiage to no more than seven words. This allows your message to be read quickly, and your benefit is remembered.

2. Minimize Typeface Variety: Use one, maybe two, typefaces - total. Type style is very important to the overall readability and effectiveness of your outdoor advertising. For example, you can use typeface in bold for the headline and nonbold for other text to create visual appeal without it becoming too busy or hard to read.

3. White Space Is Good: Don't be afraid of white space. You don't have to fill every inch with copy and pictures. Sometimes, saying less makes a bigger impact than saying more.

4. Keep Your Concept Simple: All signs must be simple to understand and easy to read. This may be one of the most critical aspects of your strategy; so don't take this area lightly. Don't use typefaces that are "too fancy" or may cause confusion. Don't use visuals that are hard to see or understand quickly. Remember that you only have about three to four seconds for your message to be absorbed.

5. Use Relevant Images: Images in outdoor advertising and signage must help support your message, not confuse the target audience.

One main image typically works better than multiple supporting images. Remember that your target audience is usually on the move when they see your outdoor advertising. So, make your image relevant and obvious so you can drive home your sales message quickly.

6. Make It Readable: We have found that a largely overlooked problem lies in the sign's inability to be read at a distance. Before you begin the design of any outdoor advertising, make sure you know where it will be posted and what the approximate viewing distance will be.

To help you maximize your signage and its viewing effectiveness, try using this handy viewing distance chart that we've developed to help our clients get the most from their signage. Optimum audience viewing distance is listed below, followed by the minimum recommended letter height for maximum readability.
100 feet = 4 inches
250 feet = 10 inches
360 feet = 16 inches
500 feet = 22 inches
1,000 feet = 43 inches
1,320 feet = 57 inches

Remember that these numbers represent the minimum recommended height. Factors that may require you to bump up the size include color scheme, font selection and sign placement.

Outdoor advertising can be a very powerful tool when used properly. Don't let your out-of-home promotional message get lost simply because you didn't know these proven dos and don'ts. Follow these layout tips and size recommendations, and your signage will deliver maximum results.

May 2008 Builder Architect Edition Issue

It's A Wrap......Or Is It?

The roof leaks. The windows leak. The stucco is cracking. The house is not performing well. As between the builder and the subcontractor, who should bear responsibility for the cost of defending these claims and repairing the defects and damage? Historically, contracts for work on residential projects have required the subcontractor to assume responsibility if his/her workmanship is involved. The subcontractor was to defend the builder and hold him/her harmless from all claims arising out of, related to or deriving from the subcontractor's work, including labor and materials. Critics of these "indemnity provisions" claimed they unfairly imposed liability on subcontractors, regardless of whether their work was only partially to blame.

Builder/subcontractor contracts also required subcontractors to obtain insurance coverage during the course of construction and after, with the builder to be named as an additional insured under the subcontractor's insurance policy. Thus, builders who hired others to perform work on a project were protected from defect claims by way of indemnity provisions and subcontractor insurance. Not actually having performed the work, this seemed only fair, since the builder was exposed to potential liability for the negligence of the subcontractors who actually performed the work.

Over the course of time, two seemingly unrelated issues arose that would forever alter the builder/subcontractor relationship. First, subcontractors began to resist the imposition of broad-based indemnity clauses, claiming such clauses were costly and unfair. The result?

Civil Code section 2782 was amended to limit the permissible scope of indemnity by making it against public policy to contractually impose liability on a subcontractor for (1) damage or expenses arising out of the sole negligence or willful misconduct of the builder (not new), and (2) claims that arise out of, pertain to or relate to the negligence of individuals other than the subcontractor and to the extent the claims do not pertain to the scope of work in the written agreement between the developer and the subcontractor.

In roughly this same time frame, insurance companies stopped offering coverage after the past completion of work at a project, and the cost of insurance skyrocketed, making it impossible for subcontractors to buy coverage. The goal of making adequate coverage available for all while presenting a united defense to construction defect claims seemed laudable and appropriate. The result?

The concept of builder-purchased insurance policies that "wrapped" builders and their subcontractors together into one single policy of insurance for residential construction projects was born.

Although the builder pays for the majority or all of the costs of wrap insurance, the number of developer-versus-subcontractor lawsuits has been reduced where wrap insurance applies, and one policy providing coverage for all has reduced finger-pointing and made for prompter resolution at significantly less legal expense. It appears that certain subcontractors object to paying any share of the wrap deductible and have, in certain instances, become unhappy with the scope of wrap insurance coverage. They claim that holes, or exclusions, in coverage are triggering individual subcontractor liability and that the scope of contractual indemnity obligations has done little to lessen their responsibility for defects and deficiencies unrelated to their work. The result?

A new proposed piece of legislation, AB 2738, introduced by Assemblyman Dave Jones, has made its debut and again highlights the divergent positions of builders and subcontractors on indemnity and insurance issues. AB 2738 seeks to further narrow the scope of indemnity owed by subcontractors to builders, further reduces defense obligations and contributions owed by subcontractors contractually and pursuant to wrap insurance, and shifts the risks of liability to the developer instead of the subcontractors who perform the work, while providing subcontractors with the exclusive ability to control the defense of the claim against them. The result?

One thing is for sure, a sequel will follow.

May 2008 Builder Architect Edition Issue

Green Complexes

Much has been written recently about the incorporation of green-building standards into new development and the potential for "green" laws and ordinances that affect everything from the use of internal climate controls to the types of plants used for landscaping. Although Forbes ranks California only 14th in it's Greenest States in the nation's rankings, locally, San Francisco, Oakland and Berkeley made the top 10 of a national survey by Popular Science magazine rating the country's 50 most environmentally friendly cities. Unofficially named "Green City" by the San Francisco Guardian, San Francisco's goal is to reduce their CO 2 footprint by over 50%, and as eco-friendly as that clearly may be, I have recently spoken to a number of developers who, particularly in the current economic climate, are wondering how they will be able to meet payroll while becoming green.

Let's review both the bad and good news surrounding this issue. The bad news is that environmental laws are getting more stringent and, therefore, more difficult for developers to meet while still maintaining a desirable price point. The good news is that just considering the following simple design steps will help you go a long ways towards integrating green concepts into your land- planning decisions.

The first option is through preservation of the native-plant communities on a proposed project site, wherever possible. This is most easily done by working with an arborist or biologist who can identify those natural environmental features that can be incorporated into your development footprint. These features should be chosen to enhance the visual appearance of your site and perhaps provide some amenities for the end user. Whereas the traditional approach is to design to develop or clear the entire proposed project site, then bring in ornamental vegetation and artificial water features, considering what is already in place can save developers considerable money and create an ecologically friendly, aesthetically pleasing and, yes, appropriately green-developed site.

Next, within the actual construction phase, substantial savings may be realized through the reuse of demolition materials for things such as the base of parking lots, using permeable paving materials to lessen water run-off, promoting the use of soil for natural filtration and eliminating paints, stains and finishes that contain "volatile organic compounds" that excrete the gases that create smog and pollute indoor air. Numerous products are available on the market. The addition of indigenous trees to absorb CO2 and produce oxygen and the incorporation of a "gray water" irrigation system design will also help. And, taking a tip from early California planning design, encouraging your architect to design building placement that minimizes the impact of the sun will further lessen the need for artificial air-conditioning systems.

All in all, incorporating principles of sustainability and environmental stewardship into your next project will result in a green project that you - and your accountant - can be proud of.

May 2008 Builder Architect Edition Issue

Michelle Kaufmann Designs

Marries Innovation with Accessibility

By Russ Stacey

Many potential hurdles await new couples soon after saying "I do" - from decisions about kids to financial matters. But it was their fruitless efforts trying to find a suitable, reasonably priced, eco-friendly home soon after their nuptials that eventually led architect Michelle Kaufmann and her cabinetmaker husband, Kevin Cullen, to spearhead a new movement in green building. The result was the founding in 2002 of Michelle Kaufmann Designs (MKD), a full-service architectural firm dedicated to making sustainable, high- quality design accessible to more people by employing off-site manufacturing techniques.

Michelle Kaufmann of Michelle Kaufmann Designs (Photo by Bruce Schneider)

"Looking for a place to live," Michelle says, "we couldn't find anything we liked that we could afford, and nothing that was green." Taking matters into their own hands, she designed and he built a "small green home" that so impressed friends and colleagues that they asked her to do the same for them.

"I thought, that's a good question. Could we make this house in mass production?" Michelle says. "That's when I discovered this whole amazing world of off-site technology and realized, yes, we could."

Michelle capitalized on a chasm in the marketplace when launching MKD: Available models were either exquisite custom homes or something plunked down in a thoughtless subdivision - with precious little in between.

(Rendering courtesy of Michelle Kaufmann Designs)

"What we do is modular," Michelle explains. "Modular is volumetric - built in a factory as a series of modules with all the interior and exterior finishes, plumbing and fixtures in place that are erected on site. But the big difference between this and manufactured is that modular is built to site-built code, so in Northern California it's built to the UBC. When shipped to the site and attached to a standard foundation, it's considered real estate."

Desiring more control over the costs and timeframes associated with the manufacturing of their homes, MKD realized the need to have their own factory. mkConstructs is the first factory in the U.S. to blend prefabricated systems and renewable resources. Though still working with some additional factory partners across the country, mkConstructs manufactures all MKD homes throughout California, Washington, Oregon and Hawaii.

(Photo courtesy of Michelle Kaufmann Designs)

"We have to change the way we build. We've been using technology and automation in almost every other industry to help bring good design to the masses. But we're still building the same way we did hundreds of years ago. There are so many inefficiencies. Modular outside technology, with the precision cutting and controlled environment, allows us to achieve 50-75% less waste," Michelle says.

Revamping an industry isn't without its challenges. "We're finding that there's definitely a market for green. But it's still not easy to design or build green because it's confusing and it takes time. What are the really green products? What are the green systems? It takes time to do the research and decipher it all."

(Photo courtesy of John Swain Photography)

(Photo courtesy of John Swain Photography)

Michelle is confident in the future of MKD and modular technology. "I think we'll see more of it as people become more savvy. I've heard this analogy before and I think it's a really good one: The idea that a high-quality home has to be site-built is sort of like asking for your car to be built in your driveway. It just doesn't make sense."

Not content just to provide affordable, sustainable homes, Michelle also wants to enlighten. The whole MKD team is excited about the two-story mkSolaire, one of the firm's home designs, being built at Chicago's Museum of Science and Industry. Part of the upcoming exhibit on green building, Smart Home: Green + Wired, the mkSolaire opens its doors May 8 and runs through January 4, 2009. "It's so cool because this is not only for adults, but also for kids. This house will be educational and will have the kids thinking and imagining and rethinking how we design and build."

(Photo by Bruce Schneider)

Often referred to as the "Henry Ford of housing," Michelle has received press in Sunset magazine, Dwell, Fast Company, the Chicago Sun-Times, Treehugger and has been included in CNN's and Business
2.0's Top 50 People Who Matter lists.

To date, MKD has completed 26 homes, but expects to have 50 within the next couple of months due to explosive growth.

(Photo courtesy of John Swain Photography)

(Photo courtesy of John Swain Photography)

"Sometimes people mistakenly think that living green just means using the latest products, when, in fact, so much can be achieved through good design and build practices: designing windows so they wash surfaces with light, higher ceilings for hot air to escape, things like that. I think that the best solutions for sustainability are the blending of some of those old, historic principles with the new products and systems. And that's really the winning combination."

Michelle Kaufmann Designs is located at 580 Second Street, Suite 245, in Oakland, CA 94607. Call (510) 271- 8015 or visit mkd-arc.com for more information. You can also read more green living tips from Michelle on her blog at blog.michellekaufmann.com

April 2008 Builder Architect Edition Issue

Burke Painting

Color Offers a Fresh Perspective

By Kay Wilthew

John Burke believes that an entrepreneur's most valued asset is his/her reputation, and that this reputation is reassessed on every project. After 25 years in the commercial and residential painting business, Burke relishes the opportunity to create a positive customer experience and to deliver an outstanding product.

Strand Builders, Walnut Creek, (925) 935-7968 (Photo Bob Morris Photography)

"I came to the United States in 1984 from Ireland and started painting right away. I didn't realize at that time that I would do this for the rest of my life." From San Francisco to Maui to the East Bay, Burke worked his way up from apprentice to project manager, and ultimately launched Burke Painting in 2000.

Since 2005, Burke Painting has been awarded by American Ratings Corporation their much-coveted Diamond Certification, the result of a rigorous customer survey process performed by the independent company (Diamondcertified.org). "This award was big kudos. I was very proud to be Diamond Certified," states Burke. To earn this level of distinction, 90% of past customers contacted must signify they would retain the company's services again. "I received a score of 98%, and I'm extremely happy with that." Burke was not entirely surprised with the results. "I knew I was doing well because my customers were very satisfied with my product."

Strand Builders, Walnut Creek, (925) 935-7968 (Photo Bob Morris Photography)

Burke Painting was honored to have been nationally featured several times on Home and Garden Television's (HGTV) Curb Appeal show as well as having been featured locally on KPIX Evening Magazine. Video of these shows can be viewed at burkepainting.net. American Discovery Publishing (MyPrimeBuyersGuide.com), which is an independent research and information publishing company, currently rates Burke Painting as the No. 1 painting company in Contra Costa County.

Burke derives the most satisfaction from their current Bay Area residential and commercial customer base. "What I'm doing these days is higher-end custom work where people expect attention to detail, fine spray and faux finishes. These projects cost a bit more and take more time. But in the end there's a sense of pride you need to have about the work you do."

Strand Builders, Walnut Creek, (925) 935-7968 (Photo Bob Morris Photography)

Burke's company is his legacy. "My name stands behind my work." Burke Painting's loyal and talented professional staff shares his deep sense of commitment. "I've instilled that in my employees as well, and I trained each of them." Safety is a critical quality component, and employees are well educated in protective equipment use and safe work practices. "I've been working with them for a long time. They know what I expect, and we know what our customers expect. They want quality."

Burke holds a Supervisor Lead Stabilization/Abatement license certified by the state of California. Burke has trained his employees to treat every home as if it potentially had lead in the paint. "Lead paint can be found in any residence built before 1978, so I want to make sure that my employees, my clients and their neighbors are protected from lead exposure during the project. We don't do our prep work with a power washer like some 'blow and go' painters do. We make sure that any loose chips of paint or dust is contained within our work area and collected according to the DHS lead safe practices."

(Photo Bob Morris Photography)

Burke Painting only uses the best grade of paints, guaranteed to last for up to five years. Burke also offers and encourages the choice of the latest government-approved human and environmentally friendly durable paint products known as low- or no-VOC paints and finishes. "Kelly-Moore Paints [kellymoore.com] has started to carry a great new line from YOLO Colorhouse. Benjamin Moore carries their Aura line, which is also great but a lot more expensive."

The key to a quality project is candid communication, and Burke's openness comes naturally. "All people really want is to be kept in the loop. If the work is going to take a little more time, then just say it will take more time." Customers also benefit from Burke's quiet confidence and experience with color combinations. "If I don't think the color the client picked is right, then I'll have no problem letting them know. Then they can make their own choice. What it all comes down to is it is their home. However, some clients don't really have a grasp of which colors flow well together and need some guidance. I've been working with color long enough to know what works and what doesn't."

(Photo courtesy of Burke Painting)

Every aspect of Burke Painting is geared toward respect. "It's all about the client, the quality of paint you use and the recommendations that you provide. It's also about our employees' respect for the clients' property. They treat every project as if it were their own home." This sense of pride is the foundation on which Burke Painting stakes its reputation. "I'm proud of the business I have built; I'm proud of my employees and very pleased with the relationships I have formed with my clients."

For the future, Burke is committed to expanding his business while maintaining the high standards that have made Burke Painting the well-regarded professional painting company it has become.

Visit Burke Painting at burkepainting.net for more information or call (925) 288-9993.

April 2008 Builder Architect Edition Issue

Rapanos Update

What This Supreme Court Ruling Means to Your Development

Will your project require wetlands permits? If so, you may already have heard about Rapanos v. United States, but do you know exactly what it means for your ability to complete your project on time? This Supreme Court decision was created to narrow federal jurisdiction by clarifying what authority the federal government has regarding waters and wetlands of the U.S.

The Army Corps of Engineers (Corps) declared how they plan to interpret the Rapanos ruling in a joint guidance document they issued a short time ago. Basically, the Corps will continue to maintain jurisdiction over traditional navigable waters of the United States and wetlands adjacent to those waters. The Corps also identified some situations in which federal jurisdiction will not be asserted unless a "significant-nexus" to downstream navigable waters can be established. These situations can be grouped into three categories: (1) non- navigable tributaries that are "not relatively permanent," including ephemeral drainages and those intermittent streams that lack continuous flow (less than three months of the year); (2) wetlands adjacent to tributaries that are "not relatively permanent"; and (3) wetlands that are adjacent to but "do not directly abut a relatively permanent" non- navigable waterway.

WHAT DOES THIS ALL REALLY MEAN?

- Features that were traditionally considered jurisdictional are still jurisdictional.
- Features that have water in them at least three months of the year and connect to a jurisdictional feature are also considered jurisdictional.
- Other features won't be jurisdictional unless a "significant nexus" can be established to traditional jurisdictional waters.

OK, SO WHAT IS A SIGNIFICANT NEXUS?

A significant nexus looks at the following parameters of a feature to determine if a body of water is jurisdictional, and if these parameters are present, a significant nexus exists:
- Average rainfall, flow characteristics and watershed size;
- Distance of the tributary to the traditionally navigable water;
- Channel slope and dimensions; and
- Capacity or potential of a channel to carry pollutants, nutrients, organic carbon and sediment.

Does the significant nexus rule reduce or increase the Corps' jurisdiction?

While it is not yet known how broad the Corp's discretion is in ruling on significant nexus determinations, it appears that most ephemeral drainages will remain jurisdictional. However, "swales or erosional features" (such as gullies or small washes) or roadside ditches that lack permanent flow will no longer be jurisdictional.

SIGNIFICANT NEXUS FORM

Before submitting jurisdictional delineations, a seven-page "Jurisdictional Determination Form" developed by the Corps must be filled out to document that a feature is or is not jurisdictional. The EPA then will oversee the Corps Jurisdictional Determinations with the intent of providing consistency.

Until the Corps finalizes and releases some of its reviews, it is difficult to know with certainty if the Rapanos decision has served to effectively narrow federal jurisdiction - its original intent. I will be keeping an eye on it and suggest you do as well.

April 2008 Builder Architect Edition Issue

Seven Ways to Get Greater Results from Your Direct Response Program

More results. Better-qualified leads. Greater return on investment. Anyone who has ever developed direct response marketing, in any form, has undoubtedly heard one or more of these requests before. So, what's a marketer to do?

In an effort to help you not only answer these requests, but deliver upon them, we have put together what we feel are seven surefire strategies that you need to consider when creating your next direct response marketing program:

1. Always Remember the Basics: a. Make sure your offer is made at the beginning b. Clearly tell targets what they will get and how they will benefit c. Tell them what action they must do d. Set a deadline e. Give as many ways as possible to respond

2. Make Your Offer as Strong as Possible - Most direct response programs must have an offer to be successful. Commonsense tells us the more compelling the offer, the better the results. Yes, offering a larger discount will get more response than a smaller discount. But before you start giving away too much of your margin, get creative. Find out what your target wants. For example, look into win-win partnerships with other companies, such as "Buy a driver from us and get a free putter from them"; "Order new doors from us and get a free hardware upgrade from them." Get the picture?

3. Why Won't People Buy? - You need to do your research and find out. Call them and ask them why they didn't respond. Get the specifics. Imagine what you could do armed with this information.

4. Tell the World Why Others Buy - Testimonials from satisfied customers can be powerful. Consider using real customers to tell their stories. Done right, they can be just the nudge it takes to get others to buy.

5. Test - Test lists, headlines, copy and offers

6. Adjust Your Website - We are talking about more than just good optimization here. Make sure your website works closely with your direct response program. Or, better yet, consider a special landing page designed specifically for each direct response program.

7. Don't Forget Your Brand - Don't get caught up in the tactics of your offer. Remember to be true to your overall brand and what it stands for.

And just one final thought: It's not how much you spend, but how much you will earn that counts. As you put your budget together, consider the lifetime value of a customer versus the one-time cost of the direct response program. This may help you justify the investment it will take to be successful.

There are many more elements to successful direct response advertising, but if you include what we outlined above, you will be well on your way to greater results.

April 2008 Builder Architect Edition Issue

No Hybrids Allowed

By Maurice Levitch, AIA

With greater acceptance today that we can do something about global warming and create healthier lifestyles at the same time, we may be ready to eliminate the quotation marks around the "green" in green building. Along with this awakening, however, come those who jump on the bandwagon for all the wrong reasons: To try to capitalize on a good thing without providing the benefits intended by the movement toward building healthier and more comfortable buildings.

The good stuff is that "green" is in the mainstream now, as evidenced by an explosion of new and improved products, older green products becoming standard in construction, more trained professionals and a huge amount of media attention. The bad stuff is that you need to be aware of "greenwashing," looking even further into products that appear to be green.

Whether your "Super Bowl" is the Academy Awards or the Super Bowl itself, you were exposed to the green media blitz this year. The Academy Awards event was promoted as green, and the emcee referred to green a few times, including a reference to a hybrid Boeing jet that was parked out front with its lights on. I was surprised that the audience did not applaud after the emcee announced this and then stated that, as a result, the winners would be walking up to the microphone this year (did I miss a previous year when a winner drove up to the mic?). Well, at least they put it out there.

The first half of the Super Bowl pregame show was promoted as being powered with energy from batteries charged by people riding stationary bicycles - for four days. As I looked into this event further, I found that the sponsor was "Amp," one of those highly caffeinated energy drinks that comes in what looks like a beer can. Here, "Amp" tried to combine energy savings with energy drinks, which I found not to be a good association. Even their labeling is "green" (using the quotation marks purposely this time), or red if you get the flavor with red dye #40 and cherry flavoring.

Along with new green materials and building procedures, some of the earlier ones are no longer considered revolutionary or even voluntary; in many cases they are now required minimums. For example, many green-building professionals regard simply meeting Title 24 energy requirements, once considered cutting edge, as equating with "D-" building practices.

Many manufacturers of older products are retooling. With recent innovations in particleboard production and adhesive selection, we can now specify plastic laminate as a green product. Now, my client from many years ago who was afraid of what their friends would think about their installing "Formica" instead of granite in a high-end kitchen remodel has a comeback other than the one I came up with at the time: "Don't take it for granite - it's fauxmica."

What is new today may be the norm or below the norm tomorrow. Where once Berkeley's Permit Service Center had a parking space in front reserved for hybrid vehicles, the sign now reads "Electric Vehicles Only - No Hybrids."

April 2008 Builder Architect Edition Issue

California Historical Building Code

Title 24 Part 8

By Perry A. Tabor, P.E.

The California Historical Building Code (CHBC) provides specific regulations (alternative building codes) for the preservation, restoration, rehabilitation, relocation or reconstruction of qualified historic buildings or properties so as to preserve their original or restored architectural elements and features. At the same time, it provides for the safety of occupants and for the reasonable accommodation of people with disabilities.

While these alternative solutions are intended to protect historic buildings from the adverse impact of certain requirements of the regular building code, they also translate into cost-effective incentives as described by the California Office of Historic Preservation.

A "qualified historical building" is defined as any building, group of buildings, district, site or object, which is listed by any level of government as having historic importance. This also includes those resources listed in the State of California's evaluated inventory, and given any level of significance other than "not eligible." Also included are ships and railroad rolling stock of historical significance.

The CHBC recognizes and endorses the need - on a case-by-case basis - to find and adopt reasonable alternative situations where strict compliance with established statutes or regulations would jeopardize the historic building's appearance or rehabilitation economic viability (i.e., full upgrade of building).

The "triggers" for full upgrading to current standards, with respect to length of vacancy, change of occupancy, or percentage of value of the work proposed, and which exist in other codes, are not recognized by the CHBC, which concentrates instead on the preservation-sensitive resolution of genuine safety considerations.

Structural/seismic upgrading issues are governed by the CHBC, permitting design based on real values (performance) of archaic materials and solutions based on engineering principles and professional judgment (providing a framework within which unique solutions may be custom tailored to the specific problems related to each unique historic resource), rather than solutions limited to code-based (pre- scriptive) formulas. This flexibility usually translates into a higher degree of retention of the historic fabric.

You may very well benefit if your building qualifies as a "historical building."

Here are some places to research whether your property "qualifies":

- The Office of Historic Preservation: computer lists of the National Register and California Register
- Local planning office: usually the best place to find local lists
- Local heritage or history commissions
- Local neighborhood or preservation organizations: these groups may have access to official lists but can't create official lists
- Local, state and federal agencies that promulgate projects: CalTrans, Department of Water Resources, Department of General Services/ Real Estate Services Division, local water agencies and local public works departments

April 2008 Builder Architect Edition Issue

Feng Shui as a Powerful Sustainable Green Living System

The essence of feng shui is about living a life of balance and harmony with nature. In practice, feng shui is a total living system of thinking green and living green with our own environment.

Our physical environment fuels our well- being, pushing all the necessary elements to sustain our lives - things as simple as water to drink, air to breathe, food to eat and materials to use. A favorable environment promotes vibrant development leading to a healthy and productive life; an unfavorable environment diminishes our potential for proper growth and development.

Conservation of natural resources, including clean air and clean water, ensure the continuity of life for future generations. When we disrespect our environment by wasting or using up natural resources indiscriminately, these destructive practices threaten the sustainability of our environment. Using natural resources wisely will help to sustain our planet Earth, preserving it for future use.

Decades of uncontrollable waste have created critical global situations, such as air and water pollution and critical accumulation of a variety of material wastes. According to a 2007 World Health Organization, urban pollution directly and indirectly kills about 800,000 people worldwide every year. Deforestation continues to cause landslides worldwide, causing misery and suffering. Greenhouse effects caused by burning fossil fuel-emitting carbon dioxide cause major environmental issues with rising temperatures. There is increasing concern around the globe with the apparent climate changes and global warming caused by all these.

There is compatibility between modern green living and the ancient wisdom of feng shui. The fundamental wisdom calls for honoring our living environment with respect to our environment, natural or man made. With the growing popularity of both sustainable green building and feng shui, it would be a powerful alliance to fulfill the intention of preserving a healthy and vibrant planet Earth for future generations.

April 2008 Builder Architect Edition Issue

The Great Shakeup

Part 3 in the Outsiders Series

In his mid-30s, the highly successful architect Malcolm Wells overhauled his professional and personal life. He intentionally became an outsider in his field - an advocate of underground architecture. Even the idea of such a change must have shocked others, because Wells appeared to have everything.

In 1948, at age 22, he had built a house in New Jersey for himself and his bride. This striking modern structure landed on the cover of House Beautiful - twice!

After a six-year architectural apprenticeship, Wells started his own firm. His first job, a church, won an AIA award. With RCA as his major client, he soon earned enough to construct an office for his sizable staff. Wells was just 29. Some architects never achieve these milestones in a lifetime.

At 36, Wells reached even greater heights with an invitation to design the RCA Pavilion for the 1964 New York World's Fair. For two years he poured his talents into this project. As he would write in his book, Gentle Architecture, when opening day came, he felt sure that he'd "given the world something as near architectural perfection as man could devise ... great cantilevered roofs, reflecting pools, Wrightian ramps, a single repeating geometric theme and lovely gardens with big trees."

But Wells had changed since he began working on the building, partly because 1963 had brought a cluster of deaths. His father, John Wells, had died suddenly. Two weeks later, so did John F. Kennedy. Soon afterward, Pope John XXIII (who had seemed poised to unite people of all religions) died of natural causes. The deaths of the three Johns shook Wells' equilibrium.

Coincidentally, on the day his died, Wells met Laurie Virr, then an architecture student and now a top architect in Australia. Wells hired him. Eight years younger, Virr nevertheless reshaped his boss' thinking. Wells recalls, "I might say something about taking the kids to the zoo. And he would say, 'Oh, it's animal slavery! You don't want to do that. It's horrible!' And I'd never, never thought about that before - how it might be from animals' point of view." Because of Virr, Wells rejected religion and began reading Thoreau and other writers.

In 1963, Wells also developed appendicitis and spent days in the hospital. "The world looked different to me after staring at those green, painted walls," he says. "Out there was a whole new world that I'd never seen before. I guess that's when I started to think about underground architecture."

Earlier influences had already planted the seeds of that idea. On a 1959 visit to Taliesin West (Frank Lloyd Wright's Arizona compound), Wells had stepped into an underground theater and realized that buildings nestled into the earth could provide respite from scorching heat. As he came to understand, this doesn't mean that underground buildings are cold. Instead, because of the earth's relatively constant underground temperature, subterranean buildings barely reflect extreme outside temperatures.

A few years later, when Time magazine published drawings of free-form, earthy, underground houses by French architect Jacques Couelle, Wells was so impressed that he arranged for their publication in Progressive Architecture. He then designed an underground house that sprouted from the earth like an onion. In 1965, Progressive Architecture published this design - Wells' first underground house to appear in print.

The budding environmental consciousness of the 1960s also seeped into his mind. As he worked on his World's Fair contribution, he felt mounting shame that after the fair, the building would be demolished, sending $2 or $3 million worth of copper, steel and other materials to the dump. All the magnificent structures built for the occasion would meet the same fate. Dismayed by the "acres of phony, throwaway architecture," as he wrote in Gentle Architecture, Wells wondered at what cost those buildings existed.

Furthermore, he considered how their very existence damaged the environment: "Every one of them ... shed torrents of precious rainwater. For the first time in my life I asked, and was told, where all the sewage was going. It was bad news, all of it ... wasted materials, wasted energy, wasted years, wasted land!"

He then cast a critical eye on the factories, offices and churches that had brought him fame and fortune. As he concluded, "I'd already paved to death over 50 acres of the American land. Those 50 acres had been wiped out in order to provide a single species with shelter."

(To be continued!)

For pictures, visit evekushner.com and choose "on building."

April 2008 Builder Architect Edition Issue

KTGY Group, Inc.

KTGY Group, Inc., Architecture and Planning received seven Silver Awards and a Regional Award in the 2008 Nationals Awards competition. KTGY is also a finalist for three prestigious Best In American Living Awards (BALA).

The Nationals (SM) Silver Award winners are the top vote recipients in each category and are the finalists for the highly coveted Gold Award. The final Best In American Living Awards were announced and presented February 12, 2008. The Nationals Gold Awards were announced and presented February 13th, during the International Builders' Show in Orlando, FL.

(Photo courtesy of Steve Hinds, Inc.)

Arroyo Crossing in Livermore won three Silver Awards in the categories of Best Single Family Detached Home Priced $650,000 to $1 Million, Best Single Family Detached Home Priced $1 Million to $2 Million for its (Plan 1), and Detached Community of the Year Over $750,000. O'Brien Homes is the project's builder.

Vantage of Palo Alto (Plan2) won a Silver Award for Best Attached Home Plan Priced Under $500,000. Warmington Homes is the project's builder.

(Photo courtesy of Christopher Mayer Photography)

ARROYO CROSSING - LIVERMORE

Arroyo Crossing targets move-up families and empty-nesters as well as affluent, established family households. The Classics provides approximately 1,858 to 3,020 square feet of living space with as many as five bedrooms. The Estates series features generous home designs, measuring approximately 3,074 to 4,425 square feet with up to five bedrooms, formal dining rooms, gourmet kitchens with oversized islands, expansive living areas and many more thoughtful design touches. Gable forms, rafter tails and porch posts reiterate elements from the area's older homes and blend with this design line's other traditional styles. Ample lot sizes spanning approximately 15,000 square feet give residents plenty of room and privacy. Some of the challenges resolved were soil issues and stringent city requirements, which boosted costs, mandating optimal yield within upscale objectives. The developer is O'Brien Homes of Foster City. KTGY Group, Inc. is the architect for Arroyo Crossing.

(Photo courtesy of Christopher Mayer Photography)

(Photo courtesy of Christopher Mayer Photography)

COLLEGE VISTA - SAN MATEO

"The goal with College Vista was to create quality, affordable housing in a cost-prohibitive market for San Mateo's community college faculty," said KTGY Group's Stan Braden, AIA.

"It was a joint public/private partnership that encompassed the college district, apartment developer, KTGY, financial consultant and city, redevelopment and utilities officials," Braden said. "Affordable rents and incentives for eventual home purchase encourage teachers to stay. Decks, patios, garages and spacious layouts of up to three bedrooms deliver upscale quality. The contextual architecture, innovative finance/build plan and lifestyle quality encourage the concept's replication in virtually any market." The developer of the 44-unit apartment community is Thompson Dorfman Partners of Mill Valley. The builder is Devcon Construction, Inc. of Milpitas. KTGY Group, Inc. is the project's architect.

(Photo courtesy of Christopher Mayer Photography)

KTGY is also a finalist for three BALAs. The projects that have been recognized are College Vista in San Mateo in the category of Best Rental Development Up To and Including Four Stories, developed by Thompson Dorfman Partners of Sausalito; Nuevo Amanecer in Pajaro, recognized in the category of Best Rental Development Up To and Including Four Stories, developed by South County Housing Corporation of Gilroy; and Falcon Crest in Palm Desert in the category of HUD Secretary's Award for Excellence, developed by Community Dynamics of Santa Monica.

KTGY Group, Inc., Architecture and Planning was created in 1991, with project viability and client satisfaction as abiding priorities, while providing complete planning and architectural design services for residential communities, retail developments and related specialty projects. In a complex and changing world, the firm consistently delivers innovative solutions that reflect clear understanding of development, marketing and financial performance. KTGY takes particular pride in its highly motivated and principal-led studio teams, who deliver superior services, thus strengthening clients' long-term growth and earnings objectives. Serving clients throughout the United States, the firm has locations in Irvine, Santa Monica, Oakland and Denver.

For more information, contact Sayeh Rad at (949) 851-2133 or visit ktgy.com

March 2008 Builder Architect Edition Issue

2008 Simplify Your Life Checklist

U.S. business loses millions of dollars annually because of employees who must correct identity theft (U.S. Dept. of Labor). One of my clients was arrested at work and jailed over a weekend while her children were taken to a juvenile facility because of identity theft crimes. It took three years and $50,000 in legal fees to correct the problems. And then it happened again!

An East Bay business owner had credit card offers picked off by an employee who sorted the mail. By using the convenient "new address" box, the thief collected credit cards and racked up $85,000 in credit fraud in under a month. Make sure you do the "opt out" of prescreened offers check box right away. Whether or not you have elders, high school and college kids to protect, this will improve your credit rating as well!

Have you seen a recent TV ad about a brand new "identity restoration" insurance policy? One ironic aspect of this new profitable insurance product is that the insurance industry is noted for frequently selling individuals' information on a scale too large for mere mortals like me to even comprehend.

Business losses are steadily rising due to fraudulent transactions of supplies and services, for which the selling company often never sees a dime. You can do something now to prevent the same companies who generate productivity problems from profiting off of you and your business!

HOW VULNERABLE ARE YOU?

You can take a quick test at the Identity Theft Resource Center that lets you know your identity quotient, or just how badly you are at risk for ID theft. Now that is motivation! idtheftcenter.org

I guarantee if you and your employees take advantage of my "2008 Simplify Your Life Checklist" that not only will you be more productive, your family will enjoy an improved quality of life as well.

Make 2008 the year you free yourself, your family and your enterprise from wasted time and privacy piracy. Do one checklist item a day, or one each time you pay bills, or one each Wednesday at noon until you have acted to limit risk to your good name. Just do it!

THE 2008 'SIMPLIFY YOUR LIFE' CHECKLIST

- Junk Mail: To opt out of several mailing lists at once, contact the Direct Marketing Association's Mail Preference Service at P.O. Box 643, Carmel, NY 10512, or fill out their on-line form: dmaconsumers. org/consumerassistance.html
- "Do Not Call" Listing: Register online at donotcall.gov or call 1-888-382-1222. You can register your cell phone numbers, too! Don't pay for sales calls.
- Social Security: Review your earnings and benefits statement carefully for errors once a year. Order a free copy by calling 1-800-772-1213. You will also spot if someone else is using your SS number - a common step by criminals and undocumented foreign nationals.
- Credit Ratings and Credit Fraud: Reduce the number of preapproved offers you get by requesting these credit bureaus remove your name from their lists: Experian 1-800-353-0809, Equifax 1-800-219-1251, TransUnion 1-800-241-2858. Every quarter, carefully check your free credit report from one of the three credit bureaus by contacting the only authorized source at www.annualcreditreport. com or by calling 1-877-322-8228.
- Opt Out of "Prescreened" Credit Cards: Go to optoutprescreen.com or call 1-888-567-8688 to protect yourself, elderly family members, college-aged kids and employees from solicitations of creditors. This improves your credit rating, too!
- Government Agencies - Birth, Marriage, Home Purchase and Death: Public records of all our major life events are sold to advertisers. Call the largest dealer, Acxiom, at their Consumer Advocate Hotline 1-877-774-2094 or go to acxiom.com and use the "Contact Us" link to request an opt-out form.
- Terminate Unwanted Catalogs: Contact Abacus at optout@abacus-direct. com or write Abacus, P.O. Box 1478, Broomfield, CO 80093. Supply your address and the full names of everyone in your household and/or at your company address.
- Protect Your Internet Browsing Data: Register at networkadvertising.org to opt out of advertisers selling your browsing "cookies."
- (No check box here. I hope you never have to use these resources. But, you never know ...) Reporting ID Theft or Credit Fraud:
- Equifax 1-800-525-6285
- Experian (formerly TRW) 1-800-301-7195
- Trans Union 1-800-680-728
- Social Security Administration fraud line 1-800-269-0271
- Federal Trade Commission ID Theft Hotline 1-877-438-4338
- The FTC now has an ID Theft website that provides guidelines for victims of identity theft: ftc.gov/bcp/edu/microsites/idtheft/

March 2008 Builder Architect Edition Issue

Feng Shui Aspects of Doors and Windows for Buildings

There are infinite possibilities available through the wisdom of feng shui to enhance the quality and sustainability of our living environment and to enjoy greater fulfillment in our lives. This issue will focus on the roles and impact of doors and windows from the feng shui perspective.

IMPORTANT ROLES OF DOORS AND WINDOWS

The feng shui system treats doors and windows with high regard, as they are the openings that connect the inside of a structure to the outside world. Their basic functions are to admit light or to prevent the loss of light from the living environment. They also help to frame the beauty of the surroundings to create a greater appreciation of them, as a beautiful view is worth a premium for many of today's homeowners.

Windows and doors also play important roles in bringing the desirable chi, the universal life force, into the indoor living space. Without these openings, a place would be dark and stagnant or dead, just as a tomb is - devoid of life, light and vibrancy. A powerful analogy of window and door openings is their comparison to our human eyes, nose, ears, mouth and pores of the skin. These organs all play an important function to ensure the effectiveness of a person. Without their functions, one cannot see, hear, smell, taste or feel. From the feng shui perspective, windows and doors play these same integral, crucial roles in providing the "aliveness" for a structure. Thus, their placement within the structure and their orientation to the outside environment - as well as their shapes, forms and designs - all have an enormous impact on the quality and flow of the chi, which influences the quality of the lives of its inhabitants.

A structure's exterior entry doors are the most important of all of its openings. On one hand, they represent the homeowners to the outside world, giving a certain perception of the family. On the other hand, the front door provides protection and privacy. Feng shui symbolizes the front door as the mouth on a person's face. It should be placed in the front center of the house and should be proportional to the size of the front area of the house for a balanced look. A balanced house gives a strong foundation for the stability and harmony of the household.

In addition to the balance principle of feng shui, it is more desirable to have a wide entrance than a narrow one. This is based on the principle of chi circulation. A wide front door helps to improve the circulation of the flow of chi by creating more space for the chi movement. Therefore, it is more favorable to have a double front door than a single one.

A bigger opening also helps to bring in more natural light, making the front entrance brighter. A bright entrance is favorable to attract the positive flow of chi into the house, whereas a dark entrance will attract the negative chi. In addition, a small front door creates a "bottleneck" situation, which affects the quality of the chi. The quality of the chi is rendered to be less beneficial in a narrow, cold and/or dark entrance.

March 2008 Builder Architect Edition Issue

Save Your Skin - Systems Design for Your Building's Exterior

By Maurice Levitch, AIA

A successful exterior finish system will look good, keep the weather out and last a long time. Choosing the right system, however, is not as simple as deciding between stucco and T-111 wood siding. When designing a new building, there are many exterior finish material choices. The options narrow when looking at the design style, and then again when considering the construction budget. The most important factors, though, may be the least considered.

With a systems approach to selection, design and construction of a successful exterior finish system, you will need to consider all of the following elements together: climate, type of construction (wood, masonry, steel, etc.) and the many architectural elements, which include overhangs, building orientation, door and window selection and detailing, roof design and material, gutters and downspouts, flashing details, building/house wrap, lifecycle cost, maintenance requirements and, last but not least, aesthetics. As with many other parts of a building, the use of any exterior finish material should be considered as a system, both in itself and as part of the entire structure.

Like your skin, the skin, or envelope, of a building should allow your building to breathe while protecting you from the elements. Although skin is your body's true siding, most of us wear clothing as an additional layer for modesty and protection. If you consider your clothing as siding, you can easily see that after getting wet, you and your clothing dry out much faster and with more comfort if you can take your clothes off to dry; and no matter what type of rain gear you're wearing, you almost always get wet.

A "plastic wrap" policy - plugging every hole, caulking every joint - is ineffective. Wood shrinks and expands, caulked joints fail and natural forces like gravity, capillary action and wind-driven rain will cause water to go where it's not wanted. Water will enter the outer envelope - it's one of the things it does best!

The key is in the envelope design. If there is a drainage plane behind the siding - with a gap that allows infiltrating water to run down and out - water won't sit behind the siding and turn to vapor. Here's the theory: let it in, get it down and get it out. Or, more simply put, "drain the rain."

Rain-screen siding systems allow for water to run behind the siding material and to travel out and away from the building at the bottom of the wall. By adding furring strips over the vapor barrier and behind wood siding, or using "wrinkled" house wrap behind stucco, you can increase the life of the siding and improve the performance of the exterior finish system. While a rain-screen system requires technical expertise and research on specific materials, as well as careful construction, it will pay off in the end.

You may have heard of the problems with the Frank O. Gehry's Stata Center project at MIT, where the owner has filed a lawsuit against the architect and contractor for "design and construction failures" related to leaks caused in part by problems with the exterior envelope. The construction firm claims they warned the architect of flaws in the detailing and the architect refused to make changes to improve the design.

While you can certainly make it harder on yourself with a complex building design, chances are you are not a star architect earning a $15 million commission. Even if you are, it is better to design and build a great envelope rather than rely on your professional liability insurance. Whatever skin you use, make sure yours is protected!

March 2008 Builder Architect Edition Issue

Turning Green

(Greenhouse Gases)

The California Environmental Quality Act (CEQA) requires that lead agencies present the public with information regarding potential environmental impacts of a proposed project and feasible ways to avoid or reduce resulting environmental damage. The State Legislature enacted Assembly Bill (AB) 32, the Global Warming Solutions Act, in 2006 to require the reduction of greenhouse gas emissions to 1990 levels by the year 2020. Your project's environmental documents, therefore, must now address these issues; however, many developers don't yet understand how they will impact future development.

Let's start with the basics. Global warming (also known as climate change) is an alteration in the average weather of Earth measurable by wind patterns, storms, precipitation and temperature. Greenhouse gases that trap heat in the atmosphere include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. The California Attorney General's Office (Jerry Brown) and most environmental watchdog groups are demanding that all projects analyze climate change as part of the CEQA process. However, due to SB 97, these specific CEQA guidelines for determining the effects of greenhouse gas emissions will not be required or officially adopted by the State Office of Planning and Research until January 2010. Until then, there will be no published thresholds or approved methods for determining whether a project's greenhouse gas emissions are significant under CEQA; so, without the benefit of a knowledgeable CEQA consultant, you may find yourself caught between a rock and a hard place.

The simplest course of action is to hire a good environmental consultant who will include an analysis of greenhouse gases in your environmental document. Now, to understand what they will be doing on your behalf, read on.

There are various options for a CEQA threshold of significance, including a "net- zero threshold" or a "nonzero threshold." Each is discussed below.

Under a net-zero threshold, all projects subject to CEQA would have to quantify and mitigate their greenhouse gas emissions to zero, regardless of the project's size or the availability of measures to reduce emissions. Projects unable to reduce emissions to zero would require an Environmental Impact Report disclosing significant impacts and developing justification for a statement of overriding considerations to be adopted by the lead agency.

A nonzero threshold is derived from one of many options, including compliance with state or local strategies to reduce greenhouse gas emissions, the creation and use of a "green list" to promote the construction of projects that have desirable greenhouse gas emission characteristics and/or use of tiered methodology to estimate emissions and mitigate. Desirable greenhouse gas emissions can be achieved through smart land use concepts (high-density/retail mixed use, infill and transit-oriented design) and Leadership in Energy and Environmental Design.

The concept of addressing greenhouse gases is a new CEQA requirement; yet, it is somewhat obscure and, currently, poorly defined. Fortunately, there are firms that understand the process and can get your project successfully cleared under CEQA.

March 2008 Builder Architect Edition Issue

Have You Discovered Your Real Brand of Distinction?

Every company has a unique brand of distinction. It lives deep down in the soul of your organization. Largely put, it is the collective sum of all the history, emotions, thoughts and stereotypes that exist about your company. For marketing purposes, it is simply that core value, promise or position that makes your company different in the eyes of the customer. It is the true meaning of why you are unique.

But, sadly enough, most companies never take the time to discover what is truly theirs. While most executives may have an understanding of why their company is unique, the stumbling point comes when they try to verbalize this story to their customers, prospects and even their own employees.

Some companies fail by using common or bland language and making vague promises that do not set them apart. They become lost in the crowd. For example, what do the following taglines say about these company brands?
- Our quality is second to none
- The difference is our people
- Your success is our success
- Customer service is our pleasure
- Great value for your dollar

The answer is, nothing. In fact, these are very common branding taglines used by many companies today. In the end, these are simply promises every business should be making to its customers, regardless of its brand. These generic phrases certainly don't describe a brand of distinction because there is nothing unique about them.

So, what's a marketer to do? Start by taking a close, hard look at your existing brand essence and be brutally honest with yourself. What about your company is truly unique among your main competitors? Is it a position that you truly own? Is it one that you can easily defend against your competitors?

A powerful brand essence is the foundation upon which all successful marketing is built. Discover a unique brand of distinction and watch your company grow.

March 2008 Builder Architect Edition Issue

Applying Feng Shui Techniques in Staging Homes for Sale

All real estate marketing professionals want to sell their listings quickly and effectively. The ancient wisdom of feng shui is a system that can be applied easily in modern marketing efforts. The end results will enhance the general attractiveness of the physical settings of the environment and the buildings.

In general, feng shui works well together with the real estate principles of "staging" the home for sale. It is a useful tool to "quality check" the house, both the interior and exterior settings. Feng shui helps to prepare the house to become more vibrant and beautiful, creating affinity to the prospective home buyers.

FOUR BASIC STEPS TO ENHANCE ATTRACTIVENESS IN A SPACE

1. Clean up and get rid of any "dirty" elements. A clean space speaks of a clean life. Get rid of dust, dirt and toxins that pollute the space. This will give the area a feeling of freshness and cleanliness.

2. Remove the clutter. This is to clear out and get rid of useless or unwanted things. It helps to create additional space to an area, plus a sense of openness and freedom.

3. Organize the space. Organization is a process of creating order and harmony. The act of organizing a given space will harmonize that space while it helps to organize a person's thoughts or emotions.

4. Proper placement of objects, such as furniture, fixtures and home accessories, will give a sense of order and harmony in the house. Ideally, objects should be placed away from the entrance of a room as they create obstacles or blockage at the point of entry to the space.

These are basic and simple feng shui steps to follow that can be achieved with very little effort. The end results will give a sense of cleanliness, openness, harmony and freedom. In addition, it will also create good feelings for buyers when they walk through the house.

Simple tasks, such as painting the exterior and interior of the house, removing dead plants and planting fresh ones, and removing unnecessary furniture and other items, will all help to simplify the home environment, making it more inviting and welcoming to prospective home buyers.

February 2008 Builder Architect Edition Issue

Fringe Benefits

Part 2 in the Outsiders Series

In 1980, two young architecture students (a married couple) sought an alternative to the isolating way Americans live. As the couple later wrote in books, we Americans tend to live so far from friends that we must arrange casual get-togethers weeks in advance. We go almost everywhere by car. Furthermore, many of us live in single-family, detached houses - structures that once made sense for families with stay-at-home moms. Nowadays, most adults work, and at the end of the day, we come home exhausted and hungry, peering with dismay into empty refrigerators. Our housing arrangements no longer support our needs.

Seeking a solution, Kathryn McCamant and Charles Durrett explored Danish communities in which people have clustered smaller -than-average (but self-sufficient) houses, leaving abundant green space around the buildings. The residents spend time in common areas and cook communal dinners in a large kitchen. They share playground equipment, books and tools, help each other with childcare and generally look out for one another.

Environmentally, economically and emotionally, this set-up struck McCamant and Durrett as ideal. Tremendously inspired, they brought the idea back to California, forming the CoHousing Company, also called McCamant & Durrett. With offices in Berkeley and Nevada City, CA, the firm has now designed more than 40 American cohousing communities. The founding partners lived in one for 13 years and recently moved to a second. The communities have long waiting lists; residents love these living arrangements, as do McCamant and Durrett.

But what has cohousing meant for the couple professionally? In building communities where residents sacrifice personal space for the common good, McCamant and Durrett run smack up against typical American expectations. To many Americans, bigger is better, especially when it comes to personal space. According to architect Brad Gunkel, who heads the firm's Berkeley office, "Americans have bought into a dream where their house is their kingdom." Fearful of the unknown and of strangers, Americans are determined to create an isolated existence for their families and to protect their relative anonymity, he says.

Is it crazy, then, to promote cohousing in this country? The architecture in McCamant and Durrett's communities looks completely traditional, but confronting American norms certainly puts these architects on the fringe.

Specializing in cohousing may also seem masochistic; the architects must sit through years of meetings with residents who make decisions by consensus while custom-designing communities. "You really have to believe in the process to have patience for that," says Gunkel.

Idealism can easily create rigidity. Those in "activist architecture" (to quote Gunkel) may define their niche within tight lines that they never cross. Accepting less idealistic projects might strike such architects as a morally objectionable compromise.

But the architects at McCamant & Durrett have a different take. "By doing cohousing, we're not preventing ourselves from doing other work," says Gunkel. "If we were doing adobe communes," he adds, laughing, "yeah, we would be out there, and we wouldn't be able to get the kind of work we do get."

McCamant & Durrett accepts projects that they deem socially responsible. In addition to cohousing, the firm does affordable housing, urban planning and child development centers. The architects also consult with those who want their projects to invite more community interaction. Gunkel says, "I don't think anybody in our office feels bad about doing any of that work. It's not against anybody's principles."

In fact, the firm benefits from this expanded focus, he says: "If we only did cohousing, we might be more isolated in our vision, and we might not be as responsible to the community as a whole. I think our work in urban planning definitely helps us be responsible to the larger neighborhood and community."

Being an outsider architect often means being poorer than one would otherwise be. The poverty may actually appeal to some idealists, as it conveys a Gandhi-like moral cleanliness.

But McCamant & Durrett employees needn't starve. Gunkel says that because his firm does cohousing, "We get opportunities that might not exist otherwise. We do pretty substantial projects for a firm our size." He adds, "It's not something that's necessarily going to be a financial windfall. But it is steady work for us. And that's because we've become specialists in a niche where most architects lack experience, knowledge and patience. In that regard, being outsiders has proven to be a benefit."

For pictures of cohousing projects in Denmark and by McCamant & Durrett in the United States, visit evekushner.com and choose "on building."

February 2008 Builder Architect Edition Issue

E-Mail Marketing or Spam?

You can learn a lot from spam. We all get those e-mails selling us everything from investment opportunities in Nigeria to enhancements of every kind. One thing is for sure: They wouldn't keep sending them if they didn't work.

As annoying as these e-mails are, their success indicates they have some elements of effectiveness that we marketers may be able to learn from. So, how can these tactics make your opt-in e-mail programs even stronger?

Here are a few ideas:

1. Your subject line is vital. If it isn't compelling, you'll get no further. Tell them why they can't afford to stop reading.

2. Brevity works. You don't need to pack every fact into each e-mail. One key message per e-mail should be your rule of thumb.

3. The proper frequency is critical. Sending just one piece usually doesn't work. But sending too often can backfire. A campaign that has a consistent, branded theme is always a great way to keep your message flowing.

4. Know your audience. Before you start, create a fictional profile of your typical buyer and try to speak directly to that person.

5. It's not about you, so cut straight to the benefits. No one cares about your history or how beautiful your offices are. They just want to know what you can do for them.

Naturally, we are not endorsing that you start sending spam. But there's no reason why you can't borrow some proven e-marketing techniques to shore up your e-mail marketing program. Just remember, use your new knowledge for good, not evil!

February 2008 Builder Architect Edition Issue

Are You at Risk When the Next Earthquake Hits?

The New Building Code May Affect Your Answer!

By Perry A. Tabor, P.E.

In California, a building's structural ability to resist seismic activity is a key factor in its continued viability. Assuming that we have another seismic event similar to Loma Prieta - which many experts predict is inevitable - all buildings that suffer "earthquake" damage starting January 1, 2008, would require full engineering studies, including repair documentation in order to comply with the 2007 California Building Code (CBC).

The California Building Standards Commission has adopted the 2007 CBC (Title 24, Part 2), effective January 2008, which includes Chapter 34: Existing Structures, as well as the California Historic Building Code (Title 24, Part 8) and the Existing Building Code (Title 24, Part 10).

Under Chapter 34, all building structural repairs/additions (including seismic damage repairs) will require a complete structural engineering feasibility study of the entire building, both damaged and non-damaged. In addition to the required full documenta- tion and construction design documents, it is also required that the building be structurally upgraded to the 2007 CBC [qualified historic buildings are mandated to meet 75% times the seismic forces prescribed by the 1995 edition of the CBC].

Imagine the bureaucratic aftermath that may result from a 15-second seismic event? It may very well translate to a multitude of commercial/residential building owners awaiting engineering reconnaissance, analysis, design and governing agencies plan approval prior to making the necessary repairs. Meanwhile, businesses will be adversely impacted daily while remaining inoperable, and primary residences will remain uninhabitable with yellow or red tags hanging from their doors. There simply are not enough qualified engineers to meet this spontaneous need that a single seismic event can suddenly impose upon building owners.

Of course, building owners can take the chance that their buildings would not be impacted by a seismic event during their ownership and that they won't be subject to such challenging conditions. Alternatively, there are some reasonable steps that can be taken before the next seismic event occurs. Proactive measures to help mitigate the risk include:

Structural Risk Assessment: Structural site reconnaissance and report identifying the building assembly's structural "weakest links": whether deficient members, incomplete lateral system, insufficient foundation and/or inadequate connections.

Benefit Cost Analysis: Based upon the structural risk assessment, establish probable cost for repairs, economic construction repairs resulting impact upon the current operation, current building value, maintenance cost/extending building cycle, etc. versus probable seismic event occurrence and associated inoperation/repairs during the building's life cycle.

Thus, determine whether to proceed with structural rehabilitation as part of building retention or relinquish the building to reduce liability.

Buildings that were constructed or rehabilitated (entire building) more than 10 years ago will most likely benefit from having a structural risk assessment/benefit cost analysis. Establishing a current building assessment will certainly assist building owners to make the most informed, timely and intelligent decision whether to retain and repair their properties or to relinquish and reinvest.

When (not if) the next Loma Prieta occurs, will you be standing in line with the rest of the masses to hire an engineer to begin the process or have you been proactive by taking appropriate steps to reduce your liability under the current 2007 CBC?

January 2008 Builder Architect Edition Issue

Let's Start with the Basics

As marketing professionals, we're always looking for the best ways to brand our companies, to reach our customers cost effectively and to develop powerful media plans.

But as we begin this new year, we thought it's a great time to reflect on the most basic marketing strategy of all ... how we interact with our customers.

In truth, great customer relationships are the essence of building a strong business. During a tough market, it's especially important to build great bonds with those who care enough to give us their business.

We hope the following words of wisdom will be of value, as we renew our focus on customer relations in the new year.

Our customers ...
- are the most important people ever in the office, either in person or otherwise.
- are not dependent on us; we are dependent on them.
- are not an interruption of our work - they are the purpose of it. We are not doing customers a favor by serving them; they are doing us a favor by giving us an opportunity to do so.
- are not outsiders to our business; they are part of it.
- are not cold statistics - names on a file card or a ledger sheet. Each is a flesh and blood human being with families, feelings and emotions like our own.
- are not people to argue with. Nobody ever wins an argument with a customer.
- are people who bring us their "wants." It is our job to fulfill them profitably - for them and for ourselves.
- are to be treated like gold, regardless of whether the actual income we receive from them is on the lower or higher range of our offerings.

As we enter a new year, let's not forget the basics. And, from all of us at Gumas Advertising, here's wishing you a very healthy, happy and prosperous new year.

January 2008 Builder Architect Edition Issue

Powerful Feng Shui Principles for Modern Architectural Designs

Part 2 of 2

The system of feng shui provides simple and easy approaches to modern-day builders in designs and construction. Although ancient and Eastern, feng shui has an unchangeable intention of creating favorable environments so that all living beings may live in harmony with nature. Integrated wisely in modern design and construction, feng shui is the highest level of sustainable, green building.

II. OPENNESS

Another basic principle that builders can adhere to is openness. Openness in feng shui is important as it creates a space to receive the chi as it arrives. Openness is applied to both the exterior and interior of a building. An ideal feng shui site is on a hill rather than on flat land, as higher ground has an easier access to the universal life force. Houses built at mid-hill with a rolling hill at the back as a support and an unobstructed view from the front of the house are considered the best.

Also, a significant symbolic meaning of buildings with obstructions relates to a life full of obstacles for the people who live there. Accordingly, a house built on the downward slope of a street facing an uphill is considered less favorable than one built on an upward slope, as the hill in front of the house is considered an obstacle. Likewise, other taller buildings or trees in front of the house are considered as obstructions. Builders should be careful not to place tall trees or streetlights in front of the front door of a house as it creates a situation of obstruction.

This principle of openness can also be applied to the interior of a house. As we enter the front entrance of a building, it is important to have open space without facing an obstruction such as a wall, as it interferes with the flow of the chi. Moreover, obstruction at the entrance usually creates darkness. And a dark entrance portends disaster from a feng shui point of view because it creates a situation where a sudden change of lighting could disrupt the flow of chi. Builders should be careful in applying this principle. Too much openness results in too much exposure, which leaves the homeowner vulnerable in life. One example of such vulnerability is the house built on a hilltop where there is too much exposure to the sun, wind and rain. Remedies are then needed to provide protection when there is excessive openness.

III. CONNECTEDNESS AND FLOW OF CHI

"Everything in a space should be connected without disconnection or interruption to ensure a continuous flow of life."

This ancient wisdom refers to the flow of chi, the universal life force that is vital to a person's well-being. It was observed and believed since ancient times that positive chi flows gently on a curved surface and gives beneficial effects, while negative chi travels viciously on a straight line and gives harmful effects. Without the flow of chi, a space becomes dead or stagnant, lacking in vitality. An example would be a dead-end street location or a storage room. It is always crucial to connect a space to another space with a channel that enhances the flow of positive chi.

A valuable application of this concept in subdivision development is to create flowing streetscapes. A positive feng shui site would be one with maximum connection of streets and minimum dead-ends. It is more desirable to have curved, meandering streets rather than long, straight, narrow streets. A straight dead-end street is considered as unfavorable, but a horseshoe cul-de-sac that allows for in- and-out circulation of chi is favorable.

To direct a better flow of chi, there should be a walkway that is leading from the street to the front door. A curved pathway is preferred to lead the beneficial chi into the house. Front doors are considered as "mouths," and they should be facing the street with no obstacles in front. Builders should avoid planting trees in front of the entry doors, as they are perceived as obstacles in life. Other unfavorable obstacles in front of the house include utility poles, streetlights and sharp rooflines of neighboring homes. Windows are considered as "eyes" of the house. They should be opened to the best views. Sharp corners are considered as arrowheads and dangerous to one's health and well-being. They should be avoided by the windows, especially the bedroom windows.

January 2008 Builder Architect Edition Issue

Michael Brandman Associates

Making an Impact with Clients without Impacting the Land

By Russ J. Stacey

Sure, adopting green building practices, drafting environmental impact reports (EIRs) and complying with the California Environmental Quality Act (CEQA) are all nearly standard business concepts today. But there was a time - and not that long ago - when such eco-friendly ways weren't so familiar. The founder of Michael Brandman Associates (MBA), an environmental consulting and planning company headquartered in Irvine, CA, knows this all too well. Although now in its 25th year, MBA received its share of head scratching in the beginning.

Dr. Michael Brandman, President of MBA; Jason Brandman, Northern California Vice President of MBA; Tula Economou, San Ramon Regional Manager; Robert Francisco, Sacramento and Fresno Regional Manager Dr. Michael Brandman, President of MBA; Jason Brandman, Northern California Vice President of MBA; Tula Economou, San Ramon Regional Manager; Robert Francisco, Sacramento and Fresno Regional Manager (Photo by Bob Morris Photography)

"Initially, when I founded the firm, a lot of our clientele, particularly home builders, thought we were environmentalists or 'tree huggers,' people who might be more opposed to their project," says CEO/ President Michael Brandman, Ph.D. "We're not environmentalists in that way, but we have environmental ethics."

Long before the phrase "green building" became vogue, MBA was grappling with the same kinds of issues that are common today. The services that the firm has continued to deliver to builders, architects and developers include regulatory compliance, natural and cultural resources management, air quality analysis and water resources management. The one constant throughout the company's history has been its ability to remain "flexible and nimble enough to work through different cycles," Michael says.

Dr. Michael Brandman, President of MBA; Jason Brandman, Northern California Vice President of MBA (Photo by Bob Morris Photography)

"What we bring to the table is environmental balance between land development and infrastructure development with what's going on in that environment. Our mission is to provide the best ideas, solutions and direction to our clients in creating a residential or mixed-use neighborhood that is as environmentally balanced as possible." That goal is reached in part by specializing in EIRs, negative declarations and other products related to complying with CEQA.

In the past decade, mitigated negative declarations have taken on a bigger role. "And it's the mitigation part that provides the solutions to get the land development or infrastructure ultimately to where it needs to be - get it built, but at the same time, mitigate the environmental effects or provide some other level of public benefit that will lessen some of the potential impacts the project might have." In other words, make it a better place to live - for people and for the environment.

Dr. Michael Brandman, President of MBA (Photo by Bob Morris Photography)

Above and beyond the EIRs, other important commodities that MBA supplies are regulatory services and permitting. Particularly in Northern California, often a watershed, streams or watercourses will enter the picture. Both the federal and state Clean Water Acts require permits for projects that impact or fill water bodies, and permits require mitigation plans, which often go hand in hand with other broader environmental compliance issues. "So we take our clients through all those processes, assist them or get them those particular permits relating to water and water quality."

Jason Brandman, Northern California Vice President of MBA; Robert Francisco, Sacramento and Fresno Regional Manager; Tula Economou, San Ramon Regional Manager (Photo by Bob Morris Photography)

Michael and his son, Jason Brandman, Northern California Vice President, have positioned the firm as experts and partners for its clients, who are located throughout California. "Clients save money when they get us involved early on and make that initial investment," Jason says, reflecting the firm's belief in due diligence right up front. "And I think that leads to some of our other core services. That's where we can make some of our biggest impacts: the biological resources assessments, dealing with issues of cultural resources and historic resources, and other key areas of expertise that we offer."

According to Jason, that due diligence is what really sets MBA apart. "For instance, we were at the forefront of dealing with the whole issue of greenhouse gas emissions and AB 32 (Global Warming Solutions Act) as passed by the governor. And with our specific CEQA documents, we've done a number of things in that area to address the current concerns of our clients." Michael calls it another example of them acting early. Right after AB 32 was approved, he says the firm was all over this issue as it related to EIRs.

Detailed reporting and presentation expertise. (Photo by Bob Morris Photography)

(Photo by Bob Morris Photography)

In the last quarter century, MBA has seen "any and all aspects of what our clients deal with and the implications of the type of work we do on their success," Jason says. MBA was recently honored with inclusion on ZweigWhite's Hot Firm 200 List, which recognizes the fastest growing A/E/P and environmental consulting firms. ZweigWhite, a leading management consulting, information and education firm, cited MBA's 121% growth from 2003 to 2006.

As they encourage staff to do, Michael and Jason have been involved with professional builders' associations for a number of years. Michael was elected to the board of directors of BIA's Orange County chapter and is currently on the board of directors of BIA of Southern California. "I think it's important to get to know the builders at a professional level and that you really understand what their needs are. It's sort of like walking in their moccasins."

The Northern California office of MBA is located at Bishop Ranch 3, 2633 Camino Ramon, Suite 460, in San Ramon, CA 94583. Call (925) 830-2733 or visit brandman.com for more information or to learn about their other locations.

Testimonials

"As we continue to go through the ADEIR, I wanted you to know that we were impressed by how well written and well organized it is. We cannot say that for many ADEIRs." - David A. Gold, Morrison & Foerster LLP (City Center EIR Project in San Ramon) "The board of supervisors unanimously certified the referenced EIR yesterday and we filed the Notice of Determination with the board clerk this morning. The fish and game check and the NOD will be overnighted to the state OPR, so we can reduce the duration of the appeal period. Word may have already reached you of this milestone, but I wanted to take a moment to thank you [for] all your involvement and support through this process. A special thanks to Grant, who did the majority of the 'heavy lifting' to craft the document and produce the quality end product that was presented to the board. I wish you all great success as you pursue other endeavors and we switch gears to incorporate the appropriate mitigation measures into the design and front-end documents. Thanks again to each of you."

- Kanon R. Artiche, AIA, Solano County Architect, Division of Architectural Services

January 2008 Builder Architect Edition Issue

Leigh Designs

Virtual Designs Blend Nature and Technology

By Kay Wilthew

Designing a beautiful garden or commercial landscape is an art form, and, like any artist, landscape designers need the proper tools to practice their craft. Leigh Gronet possesses not only artistic ability and a talent for graphic manipulation, she's introduced a new standard in digital landscape design. By constructing an entire natural-looking digital library featuring plants that thrive in the Bay Area, Gronet developed a system for creating vibrant, highly realistic landscape design presentations. Her company, Leigh Designs, digitally enhances project site photographs or CAD drawings to produce realistic compositions, enabling clients to plan and visualize a completed design before a single shovelful of earth is turned.

(Photo by Bruce Scheider)

Gronet found that most landscape design programs lacked sophistication and available images were of poor quality. A graphic arts background provided Gronet the perfect foundation for building her own digital presentation process. She determined the best approach was to compile a library of natural-looking digital plant photographs. "I went to nurseries and wholesalers, put up a white backdrop, put a plant in front of it and began shooting photographs. With my garden maintenance experience I knew what was successful in many Bay Area gardens and the level of maintenance each plant required."

A wide variety of foliage, trees and flowers are represented based on client tastes, budget and maintenance criteria. Building her library was a painstaking, time-consuming but worthwhile process. "It took me about three years, and I still shoot here and there for specific projects," states Gronet. "But I now have thousands and thousands of plants in my image library."

The client requested a deck, water feature and privacy. Architectural features, such as lighting and French doors, can also be added. (Photo courtesy of Leigh Designs)

The open deck allows the small space to feel more expansive, while the alternating Thuja and Pittosporum provide a playful privacy screen. This digital presentation represents the landscape at two to three years of growth. (Photo courtesy of Leigh Designs)

The production process generally takes from three to seven days, depending on project complexity and dimensions. For residential projects, Gronet interviews the client and photographs the project site. Commercial clients provide an architectural drawing or CAD rendering. "Each client tells me the locations, the land usage and any parameters I have to work with. Then I determine the materials, plants, structure and flow that best enhance the space." Gronet appreciates a well-designed landscape and employs a variety of materials and concepts in her designs. "I recognize the value when different disciplines interact well together."

Gronet's effort results in a concise image of the completed project. "With digital concepts, contractors are impressed and excited to have such an accurate vision to build to. It's very clear what style we're looking for, the kind of stonework we're looking for and any color combinations." Detailed site plans prevent ambiguity, eliminate wasted time and materials, and establish reasonable expectations. Notes Gronet, "Even for the person who's going to install the materials, this is a great tool."

By displaying tiered ground-layer presentations, Gronet offers customers a dimensional perspective. "I show layers so the client can really see everything. For example, a client may not realize what the hardscape looks like behind the plants. There's such beauty in just seeing the hardscape alone." Gronet explains that this also helps clients who, due to the high costs of installation, need to plan construction in phases. "These different views are helpful for the contractor as well. With each perspective, I work with the contractor on how best to break out the stages of installation and provide a cost for each one so we can present a realistic implementation plan for the client."

A more natural-looking, low-maintenance landscape was requested by these clients. (Photo courtesy of Leigh Designs)

The final effect: a beautiful structure that supports year-round, colorful foliage and easy care flowering shrubs. (Photo courtesy of Leigh Designs)

Showing the hardscape alone allows the clients and contractor to clearly see the shapes and textures, as well as plan construction phases. (Photo courtesy of Leigh Designs)

Commercial clients and public space projects are those Gronet finds most inspiring. "There's something exciting about doing public work. I love to satisfy the little backyard garden fantasy; I love to help people escape that way. But there's a different kind of exposure with public work that's thrilling." Gronet's greatest satisfaction comes from the knowledge that people use and enjoy her natural spaces. "Creating a peaceful place for employees to have lunch where they are surrounded by an oasis to escape from a stressful job - it's a real privilege to be able to create that possibility for someone."

Gronet's determination to create a visual design process hasn't come without a cost. She willingly sacrificed profitability to build her image library, gradually accumulating referrals and new clients. But Gronet's efforts are paying off, and she has an unwavering confidence in herself and her company. "Not only do I have the vision, but I have a very unique way of presenting it, and it has crystallized. Whether my client is a homeowner or a builder, they are able to see what is really possible, and when they see that possibility, they are just 'wowed.'" In Leigh Designs, Gronet has cultivated a lucrative business venture fueled by art, passion and true entrepreneurial spirit.

Leigh Designs is located at 163 Lakeshore Court in Richmond, CA 94804. Call (510) 559-6969 or visit leighdesigns.biz for more information.

January 2008 Builder Architect Edition Issue

William Hezmalhalch Architects

Crafting Communities with a Soul

By Kay Wilthew

Every home tells a story. William Hezmalhalch Architects (WHA) invests the time to develop that story and reveal the personality behind every project. They believe the surrounding environment is as important to the equation as the quality of the home. Blending site planning, neighborhood crafting and home design, WHA presents a comprehensive solution with a unique character inspired by the historic, old neighborhoods of San Francisco, Sacramento and San Jose.

Dublin Towers, Jennifer Lin Development (Photo courtesy of William Hezmalhalch Architects)

WHA brings together different disciplines, services and design talent to offer homebuilders a single-source resource from entitlement to home design to construction. "Our goal is to provide our clients with integrated, full-service solutions in design, site planning, architecture and sustainable design," explains WHA founder William Hezmalhalch. Services are adapted to the different markets, demographics and customer needs defined by the varied locations they serve, including Sacramento, the Bay Area, Central Valley and Central Coast. WHA has grown organically, through the expansion of their clients. "Our company was built upon service, innovation, builder-friendly design and developing relationships. That has been our steadfast philosophy. As our clients opened multiple divisions, we grew as well to support those divisions with a seamless service."

Sebastopol mixed-use district, Aldridge Management, Inc. The Sebastopol mixed-use district is poised to become the city's gateway from the south, welcoming visitors from the Bay Area. The revitalization of this location will provide the community with the mixed use and density required to revitalize their downtown. (Photo courtesy of William Hezmalhalch Architects)

El Pintado, Kiper Development, Danville, CA. Situated on a sloping site in Danville, CA, with panoramic views of rural valleys and Mount Diablo, this custom estate's Spanish Colonial architecture reflects the area's heritage and climate. (Photo courtesy of William Hezmalhalch Architects)

WHA's business development model differs slightly from the norm. "Instead of constantly trying to get jobs for our clients, our approach was different," states Hezmalhalch. "Our approach was to develop resources for our clients. Our business development is truly about developing their business; our business is a by-product of their success." The company is exploring new concepts, systems and prototypes to reduce costs and project turnaround time. "We've organized our company so our clients can come to us for services from project feasibility to master planning to branding and theming. The project begins to develop a heartbeat and soul. We capture that in collateral marketing materials and graphics, creating the selling tools that our clients can use." Handcrafted renderings help deliver an individual and "personal story" for each project.

A key component to WHA's success is site planning. Performing the site plan and the architectural design simultaneously adds value by tailoring the designs to the builder's capabilities. "It's important to have a keen sense of what a builder can implement. Ultimately, our plan is to make our client successful." Hezmalhalch appreciates the importance of maintaining a sense of balance. "We want to do everything possible to enhance our clients' opportunities and lead them a step or two beyond their comfort level, without over designing and leaving too much on the table from a cost standpoint."

Dos Palmas del Penon, Florsheim Homes, Santa Teresa, Costa Rica. Ten degrees north of the equator, the mighty Pacific Ocean merges with one of Costa Rica's greatest beaches in Santa Teresa, where surf, white sand beaches and jungles blend. This property features a main clubhouse and several "casitas" scattered around the property. (Photo courtesy of William Hezmalhalch Architects)

Harbor Walk, The Olson Company, Benecia, CA. Attentive care to melding the community's needs and its historical reference defined the mixed-use solution for Harbor Walk, located in the downtown Historic District of coastal Benicia. (Photo courtesy of William Hezmalhalch Architects)

Serving Northern California's Central Valley region since the early '90s, the company initially worked with small builders, learning to interpret buyer needs, demographics, environmental requirements and design. The business evolved, building relationships with larger builders to produce higher-profile urban, mixed-use and high-end housing projects for public, private, international and academic clients, including Stanford University.

WHA participates in the changing environment of Northern California and reshaping Dublin with mixed-use and high-rise uses. Progressive transit-oriented, high-density uses as well as workforce housing and faculty housing are just some of WHA's Bay Area concentration. Current development includes large-scale master-planning projects reaching new emerging markets and changing buyer profiles and economic conditions.

The Cove at Bayport, Warmington Homes, Alameda, CA. Sited on 87 acres of a former naval base housing facility, The Cove at Bayport is one of four neighborhoods that pay architectural tribute to the city of Alameda's reputation as a resort destination with classic neighborhoods and small-town atmosphere. (Photo courtesy of William Hezmalhalch Architects)

Rose Walk, Florsheim Homes, Turlock, CA. William Hezmalhalch Architects, Inc. has been actively working with its clients in the Central Valley since the early 1990s to develop new homes that address the market and its needs. (Photo courtesy of William Hezmalhalch Architects)

WHA expanded across the state and the country, ultimately partnering on several international projects. Hezmalhalch believes international development offers some distinct and exciting opportunities. "The international markets are starving for Western-based master planning and architecture, so that's a great audience for us. It's challenging to expand into those areas and provide solutions that will work in their marketplace."

WHA's international portfolio includes developments in Dubai, Fiji, Costa Rica, Mexico, Brazil, China, India and even Russia. "These international projects are fun because they involve master planning, site-specific planning and architecture," says Hezmalhalch. WHA offers experience in residential, mid-rise, high-rise, commercial, retail and specialty buildings. "All those types of developments are necessary to those new towns and new areas that these countries are developing."

The Villages of Patterson, ELI Development, Patterson, CA. The Villages of Patterson is a proposed master-planned community of 3,150 dwelling units on 693 acres in the city of Patterson in Stanislaus County, CA, that introduces a variety of new housing types to the Central Valley. (Photo courtesy of William Hezmalhalch Architects)

Whether a buyer is international or local, cost is a primary consideration. When California's home prices skyrocketed, WHA's home-builder clients and buyers were priced out of the marketplace. But the face of the housing market is changing, and WHA has repositioned itself as a leader in designing innovative, attainable housing products. Hezmalhalch notes, "Affordability is the key. The industry is shifting and builders are trying to respond to this new pricing structure and find traction in this new marketplace."

Hezmalhalch believes a diversification strategy holds particularly true in the community development industry. "A development environment involves not just residential, but a whole host of other product types. It could include churches, schools, town centers, commercial retail and institutional buildings. There may be all types of buildings and planning concepts that make up a community."

Birds Land, Dubai, United Arab Emirates. William Hezmalhalch Architects, Inc. has been involved in numerous developments throughout the Middle East, including this luxury villa, located in Dubai, UAE. (Photo courtesy of William Hezmalhalch Architects)

California's Central Valley presents a unique set of development challenges deserving recognition, with opportunities to help meet large-scale, long-range housing needs. Issues of evolving demographics and political base, water supply, agriculture/ food supply, transportation and employment indicate the Central Valley remains a big key to California's future. As buyer profiles shift from traditional, single-household families to multiple household, home sharing and other nontraditional housing solutions will become more prevalent.

WHA's ability to offer quality, afford- able housing options is a source of pride for Hezmalhalch. "I'm proud of our people, our clients and our industry because we provide opportunities for families and households to have a nice place to live. I think what's so powerful is that we're able to provide a kind of safe haven for people in a home with a well-conceived design." Hezmalhalch stresses the importance of this element of assurance. "A quality home is something people can feel proud of driving home [to] every night. And that sense of security and accomplishment can have a positive impact on families and the people living in the home."

Alcala at Escena, Standard Pacific Homes, Palm Springs, CA. Alcala at Escena Palm Springs is an active-adult community offering a new, gated golf course setting situated alongside the fairways of Escena's Nicklaus design par-72 golf course. Alcala's two-story designs feature approximately 3,578 to 3,824 square feet. (Photo courtesy of William Hezmalhalch Architects)

The country's aging population has a different perspective of security. WHA's "Active Adult" product takes a fresh look at this housing need. Traditional solutions tended to segregate older people, and while this model has proven successful, Hezmalhalch believes there is a much better alternative. "Our approach is to have a newer model that integrates different age brackets. As the population ages, most of us, especially the 'baby boomers,' expect to be kids their whole life. They have a different mindset, so solutions are going to have to reflect that."

From senior housing and affordable family homes, to entire communities and domestic and international vacation developments, WHA's experience encompasses a wide array of project types and services. Hezmalhalch expects that WHA's range of solutions may come as a surprise to many of their clients. "They usually picture us as the humble residential firm. But we have so many exciting, innovative projects that it's going to be quite eye opening for some to learn of the vast experience and different types of projects we've implemented." WHA is a company winning wide acclaim while remaining true to its customer service foundation. "Our Northern California office was created with the intention to be there for our clients. Our clients needed our help, so we set up an office right there in their backyard, right alongside them." William Hezmalhalch Architects has a story of its own worth telling.

William Hezmalhalch Architects Inc.'s Northern California office is located at 6111 Bollinger Canyon Road, Suite 495 in San Ramon, CA 94583. Call (925) 463-1700 or visit wharchitects.com for more information or to view their other California locations.

January 2008 Builder Architect Edition Issue

Indoor Air Quality - You Are What You Breathe

By Maurice Levitch, AIA

Living and working in existing buildings, we inherit all the beautiful spaces along with the air our builder intended us to breathe. There is evidence that even in the most industrialized cities, the air within our homes and businesses can be more polluted than outdoor air. Since most people spend about 90% of their time indoors, it is obvious that we should pay attention to indoor air quality. Many indoor air pollutants have been shown to have negative effects on our health, especially for children, the elderly and those with respiratory problems.

We face a variety of health risks as we go about our daily activities. Some are unavoidable given the way we choose to lead our lives, and some we might forgo if we had the right information. When remodeling or constructing a new building, we can make decisions that significantly improve and maintain better air quality, which translates into better health.

With homes more tightly sealed for better energy efficiency, it is even more important to choose materials and products that do not offgas harmful chemicals into our buildings. While older homes may have potentially harmful materials, some chemicals, such as formaldehyde (a common binder in insulation and pressed wood products), offgas over a long period of time and may therefore not be an issue today. Asbestos, a product with known health risks, is safe if it is encapsulated and not disturbed. Radon, a naturally occurring gas, could have harmful effects, but mitigation can be planned for during construction. (The EPA website, www.epa.gov, recommends testing homes for radon even in areas where it is present at low levels.) There are also biological pollutants such as mold and mildew.

There are three ways to improve indoor air quality (IAQ): source control, ventilation and filtration.

SOURCE CONTROL

Source control offers the best oppor- tunity for better IAQ. There is a wide range of commonly used construction products that do not offgas: formaldehyde-free insulation, low- or no-VOC paints, as well as a variety of flooring, window coverings and other finishes that are manufactured with environmentally friendly materials. Using nontoxic cleaning products in the completed building also contributes to better indoor air quality.

VENTILATION

There are many ways to ventilate a building (to bring in fresh air and exhaust stale air). While removing stale air is desirable, you may also exhaust conditioned air, thereby using more energy to heat or cool incoming air. An energy recovery ventilation system (ERV) or heat recovery system (HRV) uses a heat exchanger to eliminate or reduce heat loss with this operation. Quiet and energy-efficient point-of-use exhaust fans remove bathroom moisture, which with a timer switch make it more difficult for mold and mildew to grow in these wet areas. Quiet kitchen exhaust hoods (surprisingly not required by code) help remove excess moisture and odors from cooking (don't worry, you can still smell the freshly baked cookies). An exhaust fan in an attached garage is also a good way to keep chemical and exhaust fumes out of the living space.

FILTRATION

OK, so you still have some indoor pollutants, hopefully not from your own smoking. Now is the time to look into filtration. There are many types of filters, with the most effective passing a larger volume of air through them. Investing in a standalone system requires research into various filter media, air volumes and other choices. Don't be fooled into thinking that this is the best way to keep the air clean, as some filtration methods can be combined with a forced air system, eliminating the need for additional equipment.

In a nutshell, you are better off if you can first keep the bad stuff out of the building. The tightest buildings will always require mechanical ventilation, and if you're stuck with what you have, then use a combination of ventilation and filtration. At some point, it will make sense to consult with a mechanical engineer to make sure you are doing the right things to create a healthy, energy- efficient building.

December 2007 Builder Architect Edition Issue

Taylor Woodrow Homes Presents Modern Ice

The Coolest Address in the South Bay

By Kay Wilthew

Few home builders possess the ingenuity to transform the site of an old refrigeration and cold-storage plant into an innovative, urban-revitalizing venture. Taylor Woodrow Homes stakes claim to this distinction with a new residential community in North San Jose. Modern Ice utilizes a clever interlocking unit design that incorporates spatial concepts on a whole new level.

Taylor Woodrow Homes' Modern Ice: Silicon Valley's hot new startup. (Photo by Bruce Schneider)

For over 75 years, the development's namesake, Modern Ice and Cold Storage, occupied the site that still resonates with historical significance within the established San Jose neighborhood known as Luna Park. Taylor Woodrow management chose to adopt the original name, preserving a slice of local history while enhancing the community's economic future. Taylor Woodrow partnered with architectural firm KTGY to design a complex, four- story, multitiered housing structure. The design successfully met the city of San Jose's unit-density requirements while offering elegant livability at a very appealing price point.

Vickie Nyland, Taylor Woodrow's president of Bay Area operations, attributes the project's success to the level of collaboration between the company and city planners. "Together we determined how the Modern Ice project best fit the neighborhood, ensured an outcome satisfactory to neighborhood advocates, and still made certain from a sales and marketing perspective that the project made economic sense for us." A key component of the development is a central 1.3-acre public park, which symbolizes a renaissance for the area. Nyland believes the park will energize the Luna Park neighborhood, which has already begun attracting new businesses. "Modern Ice represents a mass of new higher-income-earning people who will come into this neighborhood and create economic redevelopment throughout the whole area. We think the park will help with areas outside the project to enhance the existing neighborhood."

Vickie Nyland, President of Taylor Woodrow Homes, Bay Area Division, attributes the success of Modern Ice to a strong collaborative effort between the home builder and the city of San Jose's planning department. (Photo by Bruce Schneider)

Showcasing the scope and scale of the new residential community, Taylor Woodrow's model homes at Modern Ice are ideally situated for maximum visibility from a heavily traveled nearby thoroughfare in North San Jose. (Photo by Bruce Schneider)

The sophisticated structure of Modern Ice presented Taylor Woodrow with some site and design challenges. Rick Tardif, Vice President of Construction, explains the interconnected floor and wall design. "The interlocking design stacks residences in a way that creates multilevel living spaces. Contrary to a traditional row design, units fit together by sharing walls, floors and ceilings of different living spaces. For example, the master bedroom of one unit may share the wall of the adjacent unit's kitchen, while the floor serves as the ceiling for the unit's lower bedrooms." While logistically intricate, the approach is quite effective and accommodates the 200 units sought by the city.

Modern Ice, a new multifamily residential community in North San Jose, was built on the site of a longtime San Jose commercial enterprise, Modern Ice and Cold Storage, which occupied the property for over 75 years. Taylor Woodrow is one of Silicon Valley's leaders in the development of urban infill, transit-oriented development. (Photo by Bruce Schneider)

Residences at Modern Ice feature an interlocking design concept that knits units together by sharing walls, floors and ceilings of different living spaces. The architectural firm KTGY partnered with Taylor Woodrow Homes in designing the intricate, four-story, multitiered housing structure in North San Jose. (Photo by Bruce Schneider)

Acoustics present a major concern for multiple-unit developments, and Taylor Woodrow took care to ensure this issue was more than adequately addressed. "We're very conscious of the acoustical challenges," remarks Nyland. "Our goals are to exceed the standard requirements, and we've found success with what we've completed to date."

Adds Tardif, "We've taken measures to go above and beyond what's required. We try as much as possible to keep the sounds contained within each unit, which is trickier to pull off with interlocking units. We've paid very close attention and worked effectively with our acoustical consultants, architects and contractors to put a model together that will do the best job at controlling the sound transfer between units."

Many of the spacious bedrooms and living areas at Modern Ice offer viewscapes of the downtown San Jose skyline or the east foothills above the Santa Clara Valley, or the community's new 1-acre park. Modern Ice is ideally located just minutes from the urban center of Silicon Valley, and just a short distance from many outdoor recreational opportunities. (Photo by Bruce Schneider)

Buyers have been quick to recognize that Modern Ice represents a high-quality investment at a fair price. Units are selling at a rate of 10 per month, with nearly half of Modern Ice's first 98 homes already sold. Nyland appreciates that in a cooled-down San Francisco Bay Area new-home market, Modern Ice represents one of the hottest-selling projects in the Silicon Valley. "We have one of the best and highest spec levels in the South Bay at this price point. Prices start in the high $400s for three-bedroom units. We offer granite slab countertops, stainless steel appliances, ceramic tile flooring in the kitchens and bathrooms; those are great features. For a buyer to get all of those features in one project as a standard is pretty tough. There is no better value, and I think a real testimony to our sales success and the entire package we've put together."

Dynamic colors, spacious layout and attention to detail throughout. (Photo by Bruce Schneider)

The open floor plans found at Taylor Woodrow Homes' Modern Ice in San Jose enable residents to comfortably move between living areas that offer a sense of space and openness. (Photo by Bruce Schneider)

While Modern Ice's imaginative design illuminates Taylor Woodrow as an industry leader, Nyland maintains that the company's growth is carefully controlled. "We're a group that is patient and determined; we don't just go out and make land grabs. We're growing in a steady fashion and are committed to providing housing opportunities with close access to employment centers." Tardif agrees, noting the company's overriding community goal. "We try to locate our projects in places that make things accessible and attainable to homeowners and improve the overall quality of our homeowners' lives." Based on community support, Modern Ice has secured its own slice of local history.

Taylor Woodrow Homes' community Modern Ice is located at 644 Boardwalk Way in San Jose, CA 95112. Call (408) 595-2149 or visit liveatmodernice.com for more information.

December 2007 Builder Architect Edition Issue

A Different Perspective

By Maurice Levitch, AIA

Most of what we know and see is formed by our immediate environment. When we venture beyond it, we may find different realities reshaping the way we think about design, about building and about life. While I have traveled to other states and countries in the past, it had been awhile since I had been able to spend a few weeks away from my reality - this time in Israel and Greece with my family this summer.

I was able to access the Internet at various hot spots and found some computer time at cafés along the way. As work was busy prior to my leaving and while I was away, this was a blessing and a curse. Mostly a blessing - sending work e-mail from an outdoor bar high above the Mediterranean on the island of Santorini while sipping a Mythos beer isn't all that bad, so I could relax and enjoy the trip knowing things could continue without my being on location.

The 10-hour time difference had an interesting effect on me. I could enjoy the days knowing that all were asleep at home and that I had all day to send an e-mail that would arrive by their morning. Being able to search the Internet wirelessly for a special door closer and send PDFs to the office while overlooking the Dead Sea was also quite an experience.

More important than benefiting from recent technological advances was being in places so full of history. Seeing the remains of monumental structures built with far few resources than we have today is mind blowing. The fortified city for 1,000 on top of Masada - complete with storage build- ings for food, water system and community swimming pool - high above the Negev is the epitome of people creating from adversity just what they need.

The sense of history is evident in architecture and attitudes. This may be a result of being on vacation, but away from here, it seems people are more themselves, not trying to behave a certain way. OK, they could seem rude or pushy at times, but I think they are just comfortable expressing themselves.

Having already been in a crowd of over 70,000 at a Cal football game after being back for a week, there was a sense of order and politeness that seems familiar here. I have a feeling if this were a real "football" crowd in another country (or maybe a home Raiders game), things would have been a bit more crazy.

In Greece and Israel I noticed a few things:

- An explosion of split system air conditioners, like a virus, on the face of most buildings. (One building in Israel has a safety screen just above street level to catch the occasional falling unit.)
- While many buildings are being constructed (north of Tel Aviv I saw at least 20 tower cranes without turning my head), most of the older ones are in great need of maintenance.
- We are better with litter and recycling (with the exception of the unmanned recycling and payback machine complete with music right in the middle of Syndagma Square in Athens).
- Mosaic floors were really popular and are sometimes the only part of a building re- maining after a few centuries.
- There are "Zara" clothing stores everywhere, sometimes around the corner from each other (I even learned when we returned that there is one in San Francisco).
- Unlike our marking edges and ramps for the blind, entire lengths of sidewalk have linear dimensional markings to help the visually impaired find their way between ramps.
- Dual flush toilets are everywhere.
- Solar thermal water heating systems are the norm in Israeli homes.
- Individual sheet toilet paper dispensers will soon be here.

Most importantly, I learned that when a waiter on the island of Rhodes generously brings you bread, salad and tsatsiki without being asked, it means that your bill can magically become 60 euros (about $82 U.S.) higher without you knowing it!

November 2007 Builder Architect Edition Issue

Are You Ready for the New Building Code?

California Makes Way for the International Building Code

By Perry A. Tabor, P.E.

As Builder/Architect's structural engineering expert columnist, we continue to feature our monthly "Structural Design Corner," bringing you interesting and useful information, including viable design innovations and alternatives.

This month we are discussing impending significant building code change. While there is a great deal of information on this topic to cover, our objective is to provide you with a general overview and encourage you to start now, if you haven't already, to familiarize yourself with the changes that will take effect on January 1, 2008.

The International Building Code (IBC)/California Building Code (CBC) will soon be upon us in all its glory. We escaped the 2003 decision by the California Building Standards Commission to adopt the National Fire Protection Association's model code NFPA 5000 when Gov. Schwarzenegger's administration rendered a decree that the adoption of the NFPA 5000 by Gov. Davis' administration was nonbinding. We are now being asked to come to the table on January 1, 2008, with the 2006 IBC and 2007 CBC under our arms.

Since we've had an eight-year hiatus from the three-year cycle of code updates, we as a building design community are having difficulty getting out of the big chair. We were quite comfortable in the big chair; the 1997 UBC fits like an old pair of slippers, and frankly, our bones are stiff from not moving around. Well, it is time to get up, down a cup of coffee, get outside (of your comfort zone) and exercise (work the mind).

Design professionals (yeah, you!), on January 1, the governing agency has an obligation to enforce the 2007 CBC, and if they don't, they face the potential of being liable for malice. So they will be coming to the table in a big way. Of course you can still submit your project under the 1997 UBC (if you didn't bother updating your design and specifications to the earlier enacted 2000 CBC), and in turn, get a laundry list of plan check comments, delay project approval, face losing a client and damaging your professional reputation. But I'd suggest avoiding that option.

Instead, if you haven't already, now is the time to begin implementing the code changes into your schematic designs (e.g., side yard setback) or start producing construction documents under the 2007 CBC.

Ensure that your library has the 2007 CBC and then invest the time to read the CBC at least a couple times. You will be amazed at code changes. This column is not big enough to list all of the changes in the code (both structural and non-structural) from the 1997 UBC. Just within the "Structural World," we are seeing changes in load combinations (the need to consider temperature and rain), seismic vertical effects, revamped wind design methodology, amplified collector loads, etc.

Because the 2007 CBC seismic criteria have moved from "Life Safety" to "Collapse Prevention" design criteria, we have, under the 2007 CBC, yielded a 10% to 40% reduction in seismic lateral loads depending upon the project location. However, one upside of the recent new design criteria is that the code updates and building rehabilitations are yielding substantial economiesfor "seismic prone" projects with the design-level criteria reduction.

Unfortunately, there is no simple way to become current with the 2007 CBC (there are differences between the IBC and CBC). Simply put your nose to the grindstone, study and put your knowledge to work. Also, you may benefit from taking an overview course, such as those provided by CALBO, SEAOC, AIA and ICC.

We hope that this article moves you into taking immediate action. We want to make sure that no one is asleep at the wheel and that our design industry is prepared for the unavoidable code transition.

November 2007 Builder Architect Edition Issue

Powerful Feng Shui Principles for Modern Architectural Designs

Part 1 of 2

By Marsha Golangco

There are numerous traditional and nontraditional feng shui designing principles in modern-day building industries. Building professionals need not be concerned about following principles to the extreme, as they can be interpreted in many ways. However, there are three basic principles that, when applied wisely, can greatly enhance the designs as well as the sales of new homes.

I. BALANCE

One of the basic principles is balance. According to feng shui, there is a direct relationship between balances in a physical setting to the balance in the lives of the people who live in that setting. Balance in a physical environment is the shape and the form - and also the dynamics in it. For example, a rectangular-shaped lot is considered balanced because there are no missing corners, whereas an L-shaped lot is unbalanced because one corner is missing. A building with uneven height is also unbalanced because of its irregularities. A big house built on a small lot is out of proportion and is therefore considered out of balance. The principle of balance also applies to lights and sounds. When a building has too many windows or doors on one side and none on the other, it creates imbalance because there is too much brightness and noise on one side and too much darkness and silence on the other side. All these create an imbalance in the lives of the people who live in the unbalanced space.

November 2007 Builder Architect Edition Issue

Rebels with a Cause: Part 1

Imagine that you had a thriving architectural practice, complete with committed employees, media attention and prestigious awards. Imagine that you then walked away from this life to pursue an architectural approach reflecting your deepest principles. You would never again have steady work, and your family would sometimes subsist on beans. But you would make a name for yourself in this niche and you would eventually inspire some people to build in another way. Most important, you would spend decades advocating a type of architecture you valued, rather than structures that filled you with guilt.

Now imagine that 20th-century architecture never appealed to you. Rather, from childhood onward, you felt a strong affinity for the Roman and Greek aesthetic. In architecture school, your designs referred back to those ancient times, prompting professors and classmates to sneer that only modernist, abstract architecture was acceptable. Nevertheless, you felt compelled to follow your own path. Although architects continued to deride your work, you found an appreciative lay audience.

Finally, imagine that when you attended architecture school in Denmark, you discovered wonderful communities that residents had built by consensus, matching the designs to their values. People in those intentional communities chose to share resources and live cooperatively (e.g., hosting joint dinners). After seeing how much the residents enjoyed such environments, you decided to introduce their lifestyle to the United States. You knew, though, that many Americans fear anything smacking of communalism. Careful not to threaten all norms at once, you designed communities with utterly conventional architecture.

Clearly, there are many ways of becom- ing an outsider in architecture, as well as abundant reasons for doing so. In some cases, architects move to the sidelines when profound beliefs compel them to change their ways. That was true for the architect in the first paragraph. He's a real person: Malcolm Wells, the Massachusetts-based pioneer of underground architecture. In other cases, outsider architects choose to march to the offbeat rhythms of their own aesthetic drummers. That's the case for Oakland architect Kirk Peterson, the historicist in the second scenario.

The third description referred to Kathryn McCamant and Charles Durrett, who established the CoHousing Company in Berkeley, bringing co-housing to this country.

In coming months, I'll focus on these and other outsider architects, exploring what a deliberate move to the fringes has meant for them and their practices. I hope to investigate the following issues:
- As an architect, what do you gain when you step to the margins? Buckminster Fuller said, "All true innovation takes place in the outlaw realm." Once you shrug off norms that feel constricting, will you find the freedom you crave?
- What might you lose by going your own way? Will you risk your financial well- being and your reputation?
- If you accepted mainstream work, would it violate your principles? How rigidly will you define your niche?
- If you blaze your own trail, how will you know where to go? Architects initially learn through apprenticeship. What happens when you run out of role models?
- If you've started down a conventional path, how quickly should you make the change from mainstream to maverick?
- When you remove yourself from the flow of conventional architectural life, do you gain a clearer perspective on the ills of society and possible solutions? Or do you merely lose touch?
- If you're angry at the establishment and take a devil-may-care attitude toward the world, will you be able to work in a client-centric way? Or when you hang out your shingle as someone with the answers, does client-centric behavior fall by the wayside?
- What if no one jumps on board with you? To what degree can you go it alone? According to one fortune cookie, "A man who wants to lead the orchestra must turn his back on the crowd." But without an orchestra in his midst, a conductor is just waving a baton pointlessly. If you move away from the mainstream, can you still orient yourself toward the general population enough to communicate your ideas and find clients?

Every outsider architect responds to these issues differently. (Otherwise, they wouldn't be rugged individualists!) But a wide variety of iconoclastic architects have felt a passion so strong that they've veered off the main road, regardless of the consequences. One last question: How have they avoided landing in a ditch? Answers coming up soon!

November 2007 Builder Architect Edition Issue

E-Mail Obedience Training

Recent research conducted for Hewlett-Packard warns that "info-mania" is costing professionals an average of
-10 IQ points! This "abuse of always-on technology" by people who are addicted to checking e-mail and text messages (24/7/365) consumes more than twice as many IQ points as smoking pot (which is just a -4).

"The boundaries between work and non-work are now constructed by people turning technology on and off," says Debra Meyerson, a professor at Stanford Graduate School of Business. "Being accessible at all times is a source of stress." The "stressed IQ" drops more in men than women, as constant calls and e-mail reduce everyone's mental sharpness.

A London study reported that 62% of adults are addicted to checking e-mail and text messages. Eighty-nine percent of those surveyed think colleagues who respond to e-mails or text messages in meetings are "extremely rude." Use these tips for your own e-mail tune-up and make it easier to work better.

The only part of an e-mail anyone sees first is the subject header: the most valuable 36-50 characters in business today. Use subject headers the way a good journalist uses titles: describe with detail. Vague headings like "Question" or "FYI" waste everyone's attention and time. Be specific, like "Project Name proposal done?" or "Thurs. Project name mtg resched: Mon 3 p.m. Conf Rm B."

Who, what, when, where, why and how are the basics everyone needs to know. Get who, what, when and where into your subject header to help people respond quickly. How and why are more complex and belong in your message text. To automatically identify important messages create labels in Outlook rules or Eudora filters, which display message headers in colors, i.e., blue client messages and purple vendor messages.

Signatures: Set up your own signature, which appears at the bottom of all new and reply messages. Put in all the contact information your respondent might need. Make your e-mail and website live links. This makes it easy to add your contact information into their database or to look it up later when they need to buy your services!

When someone sends you a message that can be briefly answered, send your whole reply in the subject header. This is the e-mail version of text messaging: Subject: "Project Name contract done? - YES!" Or subject: "Confirming: Fri 9 a.m. Project Name mtg. Eve."

SPAM makes up 80% of all e-mail in the U.S.! Outlook rules and Eudora filters help keep spam out of your inbox. Internet service providers (ISPs) tag suspected spam by inserting an identifying code. Contact your ISP provider and use their codes to set up filters so junk is automatically sorted into a spam folder. Register with a SPAM/virus protection service like MacAfee ($$) or SpamBayes (free).

Printing out all the messages you need to keep wastes paper and printer time, as well as adding to your paper blizzard. Instead, create folders to store and organize messages. Small business folders: clients, prospects, projects, programs, events, templates, internet, organizations, personal and family. Company categories include: division, department, teams, projects, customers, staff, job schedules and reports. Make folders for personal and business e-receipts.

Flag your priorities: Use the flag function for any time-sensitive in-box message, so it "returns" on the date you need to work on it. Use your color coded flagged messages to prioritize your follow-up and review daily. E-Ticklers: Create folders for each person/project that you delegate to (or receive tasks from) through e-mail. Set up filters to automatically sort your significant outgoing messages into their matching folders for quick, easy project documentation.

Out of the office or in meetings all day again? Set up an auto-respond message that includes alternate contacts, if appropriate. Include name, phone, intranet, website and e-mail. Even if you're only out for one day, this creates more realistic expectations.

I guarantee that you and your team can save time every day by fully employing these e-mail tips. The only question is, "How much is 10 IQ points plus an hour a day worth to you and your business?

November 2007 Builder Architect Edition Issue

Get the Most Out of Your Creative Work

It's the most exciting part of any project - and usually the toughest - providing constructive feedback on a print ad, Web design, logo concept, etc., that your creative team has presented. How do you judge if it's on target or not? And if not, how do you move the process forward in a constructive and cost-effective way? Here are some tactics to think about.

1. KNOW YOUR GOALS

Even if you share the same demographics and psychographics of your target customer, it's impossible for you to view your creative objectively, like a prospective customer would. You're too close to the inside process. Instead, research who your customer is and include that and all other specific targets for the ad in a creative brief. See that everyone involved in approvals agrees to the creative brief prior to developing the creative - to ensure a smoother process.

2. STRATEGY IS KING

Compare what the ad is saying/doing to what you agreed it needed to do in the creative brief. Is it aimed at the right audience? Does it use language and visuals they will respond to? Does it clearly say why you're different from your competitors? The creative brief sets a target so that you can hit a bull's-eye with your creative.

3. IT'S GOOD TO BE BOLD

Does the creative feel safe? Then it's probably not going to grab attention. Resist the urge to play it safe or to be predictable. You'll never rise above your competition with "safe." With literally thousands of messages bombarding your prospects every day, you can't afford NOT to stand out.

4. BE SPECIFIC ABOUT CHANGES

It's OK to make changes. We expect you to! Just be specific about what needs to be different. Give direction. At the very least, point your team toward something or away from something. The worst thing you can tell your creative team is, "I don't like it, but I don't know why," or, "I'll know what I'm looking for when I see it." Check against the brief and find where the creative work is not on strategy. Ask yourself if the change you want will impact the response rate, effectiveness or readability of the piece.

5. YOU HAVE THE POWER TO MAKE CREATIVE GREAT

Every piece of creative presented to you for review is like a baby to the team who created it. They've spent hours working on it, nurturing it, tweaking it. Even the simplest-looking design and copy has had hundreds of creative decisions made before being presented to you. Colors are chosen to work best with a certain photo. A font is chosen to match the mood of the message. The headline is rewritten and dozens of options are tried out. The point here is not to discourage you from making changes, but to offer a suggestion about what changes to make. Working with your creative team, ask, "Did you try ..." or, "What was your thought process in choosing that font or that photo?" The more you know about the strategy that went into developing the creative, the more constructive your input will be.

6. DON'T CATCH THE DREADED 'CHANGE-A- HOLISM' DISEASE

You'll know you've got it when you find yourself making changes to the changes you already made. This confusing and time-consuming situation mostly happens when new people are introduced into the review process at different times. To make the process efficient (and therefore as cost effective as possible for you), be sure everyone who has a say in approving the creative work - including legal - makes all their changes at the same time in the first round. When the process is running smoothly and professionally, you won't need more than two or three rounds before artwork is final.

Remember that great creative starts with you and how you work with your creative team. With these six steps you'll be able to get creative work that is on target, works better and that you really believe in!

November 2007 Builder Architect Edition Issue

Indymac Bank

Showcases Construction Lending Programs

When it comes to construction lending, Indymac Bank believes that the borrower, bank, builder and architect should literally be working on the same page. In our case, this same page consists of multiple line items that, when checked, submitted and verified by an independent inspector, make it possible to keep construction funds flowing smoothly and the project moving steadily toward completion. Average time of disbursement is an amazing 1.4 days.

Rich Hildebrand, Loan Officer at Indymac Bank (Photo by Bruce Schneider)

This streamlined process is Indymac's online disbursement system, a triumph of simplicity owing less to technology than to a commonsense approach to helping borrowers and builders get their projects completed on time and on budget. When the builder completes a project segment, he or she informs the borrower who enters the appropriate costs online and submits the updated line item cost breakdown for payment by Indymac. If required, an inspector, in turn, inspects the work and validates completion of the requested cost or line items. Requested funds are then wired to the appropriate account.

By releasing funds to the borrower, Indymac provides the borrower another important financial safeguard and one more control for overseeing each step of the construction process. Because the complete disbursement process is transparent to borrowers and builders alike, there should never be any question or dispute over the release of payment. In addition, because every step of the process can be tracked online, there's no need for follow-up phone calls, faxes, invoices and voicemails to slow down the process. Requests for payment can be processed and disbursed within 48 hours of request.

Paid contractors are also motivated contractors, who are more likely to keep their crews on the job and see the construction project through completion. Moreover, once they see how quickly they are paid through the Indymac online disbursement system, the issue of who actually pays them becomes moot.

For borrowers, however, they feel as if they are always at the center of their project instead of on its fringes. The online disbursement system gives borrowers an open window on all phases of their project. The bottom line: A more knowledgeable, informed and confident borrower makes for a better building partner. In an independent survey, 9 out of 10 customers said they would recommend Indymac Bank's Home Construction Lending programs to friends and family.*

That recommendation also was based on programs such as construction-to-permanent, bridge and lot/land loans, as well as loans for remodel and rehab. We also offer modular home financing, disbursing up to 75% of the initial package up front. That amount is significant because many banks only provide 10% to 20% - often an insufficient amount to start building a modular home in the factory. With modular financing, the funding moves more quickly, so more money is required at the onset to get the project out of the starting blocks.

"The importance of providing excellent loan programs to our home construction customers goes hand in hand with ensuring we deliver on our commitment to provide service and support that are an industry benchmark for excellence," said Steve Majerus, Regional President, Indymac Bank Retail Lending Group - West. "As a nationwide lender, Indymac is well known for providing streamlined origination, approval and servicing processes, along with a companywide commitment to deliver high-touch, personalized service. The company's innovative technologies were developed with a customer-centric focus, enabling Indymac to deliver unparalleled products and services that meet the exacting demands of today's and tomorrow's home construction marketplace."

For further information about our unique online disbursement system or any of our Indymac Home Construction Lending programs in the Bay Area, call Rich Hildebrand at (925) 918-0494 or contact him via e-mail at rich.hildebrand@imb.com

*Survey of Indymac Bank Home Construction Lending customers conducted by third-party vendor.

Our mission is to make thoughtful, sustainable buildings accessible to all, so we have developed pre-packaged solutions to make it easy for people to go green. We have found Indymac Bank to have the same philosophy, which makes them a valuable partner. - Michelle Kaufmann Designs

November 2007 Builder Architect Edition Issue

Pinn Brothers Fine Homes

Illuminates Home Building's Solar Potential

By Kay Wilthew

During summer vacation at Lake Tahoe in the early 1970s, brothers Alan and Dave Pinn, both Santa Clara Valley schoolteachers, built a small A-frame cabin to enjoy weekends with their families. Teacher incomes being what they were, the brothers reluctantly made the decision to sell the cabin eventually. To their surprise, they made a small profit. A year later, they got the bug again, and enlisting the services of brother-in-law Chuck Bommarito, built another home. That too sold for a profit. Energized, the newly formed team decided to try their luck back home in the San Jose area. Now, almost 35 years later, Pinn Brothers Fine Homes is scheduled to unveil 400 homes before the end of this year. Pinn Brothers specializes in high-end home building in coveted locations throughout the Bay Area.

Jeff Curran, Controller of Operations, Dale Garren, Vice President of Construction, East Bay division, Greg Pinn, Vice President of Pinn Bros, and Chuck Bommarito, Vice President of Construction, South Bay division. (Photo by Bruce Schneider)

Pinn Bros. has built virtually all types of residential construction, from hotels to condominiums, townhomes to courtyard homes and large custom residences. But to Pinn Bros., "custom" is a subjective term. The company builds homes that meet its own tough standards, with fixtures and amenities that exceed the expectations of home buyers.

"We're a custom builder that happens to build production homes," says Alan's son Greg Pinn, Vice President of Pinn Bros.

Growing up in the Pinn family, Greg says he learned early on from his father and uncle to choose a diverse range of projects to develop, a strategy that has allowed the company to remain nimble, even through slow times. For example, building condominiums, mixed-use infill projects, as well as single-family detached homes, offers more choices to customers.

Curved roof and ceiling lines are a distinctive architectural feature of townhomes and condominiums at Tralee Village in Dublin. Special design elements are a hallmark of Pinn Bros. Fine Homes. (Photo by Bruce Schneider)

Another winning trait Greg cites is his father Alan's ability to anticipate future trends. "He seems to know what's going to happen in the housing market before anyone else does." Alan purchased lots in Saratoga, CA, for $850,000 per acre lot in the early 1990s. Everyone thought it was a crazy move. The company built 5,000-square-foot houses, got them on the market right around the mid- to late-1990s, just in time for the high-tech boom. "We started selling the homes at $3.5 million, and when they hit $7 million we didn't even know how to price them."

These days, mixed-use infill developments are in high demand. By pairing retail spaces on the first floor with townhomes or condominiums above, builders are breathing new life into urban centers and other areas of cities once thought to be good only for strip malls. Residents also end up driving less and walking more. Tralee Village in Dublin (233 residences), Oak Park in Cupertino (50 residences) and Onyx in Campbell (100 residences) are mixed-use developments that will change for the better the look of their cities for decades to come. Shoppers and homeowners at both communities will be attracted by the close proximity to freeways, an important factor in the overall success formula at Pinn Bros.

Greg Pinn, Vice President of Pinn Bros. (Photo by Bruce Schneider)

Greg Pinn has a meticulous eye for detail and insists on thoroughly inspecting each unit for sale. After all, he is in charge of much of the design, and he wants to make sure his ideas come to fruition. "I'm very particular about showing the potential buyer what they're actually going to get," he says. "And the way we look at it, our standard features are upgrades to other home builders." This is the case with Pinn Bros. condominiums and townhomes, as well as its larger, executive single-family homes.

Another important feature Pinn Bros. is now proud to offer home buyers is solar power. Increasingly informed home buyers are demanding sustainable and energy-efficient methods in their homes. Recently, the company announced its homes at Palmilla in Brentwood, a community with 455 residence, would come standard with solar power built in, the largest in the nation. "We now have the largest solar home community in the nation. We're very proud of that," states Pinn. "We're designing solar energy into all of our homes going forward, and we're finding more ways to use sustainable building practices overall." One hundred homes in San Jose will also be put on the market with solar power this year, leading the charge in the city's quest to become the world center of clean technology."

Tralee Village in Dublin will be comprised of 18 buildings, which will include townhomes and condominiums, a pool and spa complex, and restaurants and retail shops. (Photo by Bruce Schneider)

Attractive architectural elements and rooflines at Tralee Village in Dublin. (Photo by Bruce Schneider)

Dale Garren, East Bay Division Vice President, says that partnering with city government was essential to starting the Palmilla community in Brentwood, and the same is true everywhere they are incorporating solar in new construction. "It meant everything," Garren says. "The city was behind us every step of the way, but we also had to educate them on how building with solar impacts construction, so that we could get the permits — that took trust."

Building with solar is gaining popularity as modern systems are enabling homeowners to cut down on their carbon footprint, as well as their utility bill. "The time has come because the technology has evolved so that it is now feasible to generate a significant amount of electricity for a home using solar power," he says. "It's just the right thing to do, and home buyers want it."

Tralee Village is conveniently located near BART, and features upscale townhomes and condominium homes, a pool and spa complex, and restaurants and retail shops right inside the community. A 2.5-acre underground garage will provide ample parking for approximately 278 cars. (Photo by Bruce Schneider)

A granite fountain will welcome residents and shoppers alike at Tralee Village. (Photo by Bruce Schneider)

Pinn homes will also exceed state energy-efficiency standards by 35% or more, thanks to tankless water heaters, high-efficiency heating and cooling systems, additional insulation and high-efficiency windows that block out 70% of UV rays. With the combination of both solar and energy efficiency, home buyers are expected to save 50% to 70% on their electricity bills.

Townhomes at Tralee Village offer plenty of space, ranging from approximately 1,380 to 1,923 square feet. Front decks feature glass walls to prevent drafts and cut down on noise. (Photo by Bruce Schneider)

Besides cutting-edge building practices and brilliant land acquisition, the success of Pinn Bros. comes from a strong mix of enterprising family and friends who take the business of providing home buyers with quality, distinctive architecture and value seriously. Employees and subcontractors are thought of as family and are encouraged to think independently and make their own decisions. "Everyone is given a lot of leeway, and are able to put their own stamp on things in the company," explains Greg. "It makes the work fun. When you've created a team like this one, it's easy to follow through on the company's motto: 'From our family to yours.'"

Tralee Village is located at 6617 Dublin Blvd. in Dublin, CA 94568. Onyx is located at 1815 S. Bascom Ave. in Campbell, CA 95008. Call (408) 252-9131 or visit pinnbros.com for more information on other communities being built by Pinn Bros. Fine Homes.

November 2007 Builder Architect Edition Issue

Six Tips to Make Your Messages Sticky

When it comes to advertising campaigns, some of you forget as soon as you see them and others you can never forget. The ideas that you never forget are sometimes referred to as "sticky ideas," simply because they stick with you over time.

There's a process that can be used to craft ideas that will "stick" with your intended audiences. Here are the key elements:
1. Keep it simple. It's hard to make ideas stick in our chaotic environment. Strip your idea down to its most critical essence.

2. Do the unexpected. Break an obvious pattern. Communicate your message in a way that breaks your audience's guessing tendencies.

3. Get to the point. Abstraction makes it harder to understand an idea and to remember it. Be specific and to the point.

4. Establish credibility. Earn trust by talking the talk. Show your expertise. Details matter.

5. Appeal to the emotions. Appeal to your audience's self-interest, but also appeal to their identities — not just who they are, but who they want to be.

6. Tell your story. Stories are the culmination of the other five criteria outlined above. Weave a simple and credible story. Use the juxtaposition of concrete facts plus the unexpected to trigger an emotional response.

The next time you need to make your advertising ideas stand out and become "sticky," try this system. It really works.

October 2007 Builder Architect Edition Issue

To Sue or Not to Sue- That Is the Question

Home builders typically retain the services of architects, geotechnical engineers and structural engineers to design residences for proper layout, structural safety and geotechnical conditions. Visualize a luxury home located in a canyon with views aplenty. The home is adorned with the nicest interior finishes imaginable. It is perfectly nestled into a hillside. The living room, dining room and family room include vast picture windows that capture the beauty of open space on all sides. It is the nicest home in the subdivision. Priced at a mere $5 million, the would-be home buyer loses all control and must buy. A year later, the home continues its steady movement downslope. Repair is no longer a solution. The dream home is no longer.

When evaluating the claims of homeowners or homeowners' associations, builder counsel must consider whether there are valid claims against the architect, structural engineer or geotechnical engineer who designed the project on behalf of the builder. The assessment can be complicated. Using the example above, the analysis goes something like this: Was the foundation improperly designed? Was it properly designed and improperly constructed? Were geotechnical conditions, including bad soils or water in the slope, to blame? Were corrective measures mandated by the geotechnical engineer and overlooked in the field?

The potential liability of design professionals must also be considered alongside California Code of Civil Procedure section
411.35, which requires that a Certificate of Merit be filed in any action or cross-action against a design professional for indemnity or negligence. This provision is unique to design professionals and is not required when filing suit against subcontractors or materials providers. The Certificate of Merit requires confirmation that the attorney has (1) reviewed the facts of the case, (2) consulted with at least one consultant practicing in the same field as the defendant or cross-defendant, and (3) concluded, based on the review and consultation, that "there is reasonable and meritorious cause for the filing of this action."

Simple enough, but by filing a Certificate of Merit, is the builder admitting that the home has design defects? The contents of a pleading, possibly including a Certificate of Merit, may constitute an admission by the party filing that pleading. (Evid. Code §1220; Brooks v. Brooks (1944) 63 Cal. App.2d 671; Dolinar v. Pedone (1944) 63 Cal. App.2d 169; see also 9 Wigmore Evidence (Chadbourne rev. 1981) §§2588, p. 821; 2590, pp. 822-23; 4 Witkin, Cal. Procedure (4th ed. 1997) Pleading, §413, pp. 510-
511.) While there is no court of appeal case directly on point, it seems fundamentally unfair to require a builder to comply with the Certificate of Merit requirement and thereby "fall on its sword" just to preserve its rights against a potentially liable design professional. Moreover, the statute makes the consultation with the independent design professional completely privileged, suggesting that the legislature intended no effect of admission.

Builders have several good arguments against the contention that filing a Certificate of Merit constitutes an admission of liability. However, caution should still be exercised before asserting that there is reasonable and meritorious cause for filing the action against the named design professional. This is particularly true where the design professional is no longer in business or has no available insurance. Typically, the builder will remain strictly liable for defects and design deficiencies in construction regardless of whether its design professional has the assets or insurance to cover the claim.

At times, filing suit against a design professional is not only appropriate, it is advisable. For more complicated or questionable situations, alternatives exist. It may simply make more sense for a builder to delay filing suit where it has strong contractual indemnity language in its favor along with a contractual attorneys' fees provision. In addition, where liability is uncertain, it may be advisable to enter into an agreement to delay filing liti- gation against the design professional while preserving all rights to do so later. As I always say, let competent counsel guide you.

October 2007 Builder Architect Edition Issue

Overcoming Information Overload

The New York Times reported that the average U.S. executive still wastes six working weeks a year shuffling paper piles and e-mail. That is 12% of that executive's paycheck! Even worse, that is 12% of their time traded for zero results.

For business owners intent on making their enterprise more profitable, this statistic rings alarm bells. By definition, executives can delegate tasks to someone else. Do you have people to delegate to? Whether you do or not, how much would your business improve with six more weeks each year invested in growing your business?

The frustration is clear in this comment from the vice president of an architectural firm: "I knew I was creating more work for myself than was necessary because of not having a systematic approach for dealing with the huge amount of time-critical information that arrives daily in the form of paper, files, reading materials and e-mail."

The volume of input can be overwhelming for experienced professionals in any industry. Here are the best-practice tips I shared with this vice president to help you overcome information overload.

The first information management lessons I learned as a kid came from the TV show M*A*S*H. The Mobile Army Surgical Hospital (MASH) teams had the best casualty save rates in history. Why? First, the MASH teams were only five miles from the frontlines. Second, all medical personnel used triage from injury site to recovery tent. The medical art of triage means asking the right questions at the right time, throughout any critical process.

In today's state of information pollution, triage is your key skill. One builder client (retired military) refers to his arriving e-mail and snail-mail as "INCOMING!" You must triage paper or computer files from arrival all the way to archives or backups.

If you feel like my clients and colleagues who say they are bleeding information at the seams, begin by putting a trashcan near your mail drop and junk everything you can first. You'll toss more if you stand up while recycling!

An interviewer once asked Albert Einstein why he didn't even know his home phone number. Einstein replied, "Because I do not use it." If you do not know how you will use the information piled in front of you, chances are good that by the time you do need it, that information will have changed.

Although most of us aren't geniuses, creating your own "Hot Questions to Melt Information Overload" is critical. Now, you can have "garbage in" and do better than "compost out" because you won't let it into your office systems.

HOT QUESTIONS TO MELT INFORMATION OVERLOAD
1. "Can I get this information elsewhere if I do need it?" If yes, recycle it or give it to a colleague or client, but let go of it.

2. "Can I use this directly in my current profession or business?" Most information is obsolete in six months — if not sooner.

3. "Now that I've read it and understand it, do I need to keep it?" Keep legally required records (contracts, personnel actions) and your tax/financial documents.

4. "Will I need to look at this paper/e-mail again because it's so complex (legal, statistical) that I will have to review it?" If not, TRASH.

5. "For whom am I taking this action?" Your boss or a colleague? Your $20,000- contract client OR a $1,000-contract client? Prioritize by WHO.

6. "When is this due?" When our brains prioritize, the due date is actually more important than the "what" that needs doing! Put "reminder information" by date into paper and e-mail Tickler systems.

Steelcase, Inc., experts have documented that 80% of the clutter in your work environment is disorganization; it's not lack of space. Do you know what put every piece of clutter in your office? It's a question, "What do I do with this?" that was never answered. All information clutter is a series of unmade decisions.

Enjoy being ruthless while applying my best-practice tips to overcoming information overload. No one asks better questions or makes better decisions than you. And no one deserves that six "extra" weeks a year more than you do!

Three Keys to Overcoming Information Overload

1. Turn off unused information channels. Get off e-mail lists. Take only the Sunday paper.

2. Triage all incoming information. Discard useless information immediately.

3. Get organized! If you like, sign up for my free productivity tips ezine at: abrainnewwaytowork.com/subscribe.html

October 2007 Builder Architect Edition Issue

A Dream World Made Real

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