CHRISTMAS COMES EARLY

I.  Introduction:

Things are changing in the building industry, and some things are definitely changing for the better.  First, let me start with an introduction.  I am a proud member and President of the Home Builders Association – Grand Traverse Area representing over 400 builders and associate members here in the Northwestern Michigan area.  Our organization has placed tremendous emphasis on education and specialized training for our members.  Toward that end, we have received special accreditation from the National Association of Home Builders to give and/or teach courses relevant to the building trades.  We are dedicated to making our members the best educated and most professional in the entire building industry.

II.  The Problem:

The problem that has arisen in the construction field, since the advent of building itself, is unqualified and/or unlicensed builders.  For most people their home is their single largest investment and asset and, indeed, the place where they spend most of their living years.  To have a home built by a competent builder, well educated and with integrity, is a true joy.  Unfortunately, the converse is true.  Too many homeowners turn the experience into a nightmare by hiring unlicensed contractors, or contractors who are not qualified to build the home that they desire.  As a lawyer and a licensed contractor, you can imagine the number of calls I get in regards to complaints by homeowners who unwittingly hired unlicensed or ill-qualified contractors.  By the time they become aware these problems exist, it is usually far too late for anything other than a near-catastrophic fix to the problem.  Perhaps some help has arrived.

III.  The Solution – Christmas a few days early:

The State of Michigan Legislature reports that the governor signed a packet of bills ( HB 450-453) on December 20, 2007, the main goal of which were to greatly enhance the education and training of builders, and to penalize unlicensed builders from engaging in building activity.  Most importantly for HBA-GTA is that now all builders will be required to receive training on a regular basis.

MCL 339.2404(b) provides that applicants for an initial licensure must complete a pre-license or course of study.  Among the topics that must be covered for the new licensee are the following:

(a)                Business management, estimating, and job costing

(b)               Design and building science

(c)                Contracts, liability, and risk management

(d)               Marketing and sales

(e)                Project management and scheduling

(f)                The current Michigan Residential Code

(g)               The Construction Standards

The legislation does not just stop there, but it goes even further to encourage education.  Specifically, those individuals already licensed will be required to take continuing education courses.

The Legislature has given itself six (6) months to figure out some of the nuts and bolts of how all of this will work, including determining what courses will meet the criteria for developing and maintaining continuing competency – whether there are going to be some alternative forms of continuing competency (including, for example, testing, participation, and code hearings, et cetera), and other nuances to these new requirements.

At this time the Home Builders Association – Grand Traverse Area is looking forward to becoming the educational center of this area.  As a general proposition, the courses that can and will be offered will be extremely varied.  They are required to center around the Residential Construction Code, safety, and legal issues.  Among other courses that are likely to be offered would include courses such as:

Building Safety Program

Construction Contracts and Law

Designing for the Active Adult

Fair Housing for Property Owners and Managers

Green Building for Building Professionals

Home Modification

Smart Planning for Active Adult Communities

Our members will have the opportunity to gain greater education, updated technology and legal advice, and greater professionalism as we advance further on this continuing education path.  We welcome these new changes helping us to further define and raise the bar for our members who are dedicated to building value-rich, quality residences in a professional manner.

Besides being a licensed contractor, Robert Whims is an attorney at Smith & Johnson, Attorneys, P.C. located at 603 Bay Street, Traverse City, MI  49684.  Telephone:  231-946-0700; Facsimile:  231-946-1735; E-mail:  rwhims@smith-johnson.com