The first vote on the new home buyer tax credit will be this week, possibly as early as tomorrow.
Do your part to help your industry by clicking here to send an e-mail to your two senators TODAY!
Check www.fixhousingfirst.com for the latest updates on the progress of the legislation. You can also follow the Fix Housing First coalition on Twitter @fixhousingfirst.
The Home Builders Association of Greenville are your neighbors and community leaders providing education and support for building industry professionals. We create jobs, encourage homeownership, and promote responsible growth throughout the upstate of South Carolina.
Monday, October 26, 2009
Thursday, October 22, 2009
HBA of Greenville Members Recognized by BBB
Five members of the HBA of Greenville were recognized this week by the Better Business Bureau of the Upstate with Business Integrity Awards. Awards were presented for Marketplace Ethics, Customer Service, and Community Service.
The following HBA members received Business Integrity Awards at a banquet held Thursday, October 22, in downtown Greenville:
Addison Homes, LLC
Hubbell Lighting, Inc. (2 awards)
J. Freeman and Associates
Palmetto Exterminators, Inc.
Prudential C. Dan Joyner Company, Realtors
The Board of Directors and staff of the HBA of Greenville congratulate these members on being honored for their outstanding business practices.
The following HBA members received Business Integrity Awards at a banquet held Thursday, October 22, in downtown Greenville:
Addison Homes, LLC
Hubbell Lighting, Inc. (2 awards)
J. Freeman and Associates
Palmetto Exterminators, Inc.
Prudential C. Dan Joyner Company, Realtors
The Board of Directors and staff of the HBA of Greenville congratulate these members on being honored for their outstanding business practices.
E-Verify Extended for Three Years
A system that lets employers check whether newly hired workers are in the country legally has won a three-year extension from Congress.
But the debate over the E-Verify program is far from over. In addition to renewsing the controversial voluntary program, Congress voted to approve $137 million for it over three years as part of a $43 billion spending bill for the Homeland Security Department. The bill now heads to the White House, where President Barack Obama is expected to sign it into law soon.
South Carolina is one of 12 states that have passed legislation in recfent years requiring employers to use the E-Verify program as a way to combat illegal immigration.
For more on this from The Greenville News, click here.
But the debate over the E-Verify program is far from over. In addition to renewsing the controversial voluntary program, Congress voted to approve $137 million for it over three years as part of a $43 billion spending bill for the Homeland Security Department. The bill now heads to the White House, where President Barack Obama is expected to sign it into law soon.
South Carolina is one of 12 states that have passed legislation in recfent years requiring employers to use the E-Verify program as a way to combat illegal immigration.
For more on this from The Greenville News, click here.
Seminar on Work Site Safety and Workers Compensation
Join us before the Fall Preview Luncheon as we hold a special seminar for members on work site safety, risk management and workers compensation law. The seminar will be held from 10:30 - 11:30 a.m. in Room 201 of the Carolina First Center.
Speakers include Danny Dilworth, ARM, Risk Control and Safety Manager with the SC Home Builders Self Insurers Fund, and Debbie Brown, Esq. and Cory Ezell, Esq., Workers Compensation Attorneys with Gallivan, White and Boyd, P.A.
The seminar is complimentary to members, with RSVP. Guests of members are $20.
To RSVP, contact the HBA Office at 864-254-0133. You can also register online by clicking here.
Speakers include Danny Dilworth, ARM, Risk Control and Safety Manager with the SC Home Builders Self Insurers Fund, and Debbie Brown, Esq. and Cory Ezell, Esq., Workers Compensation Attorneys with Gallivan, White and Boyd, P.A.
The seminar is complimentary to members, with RSVP. Guests of members are $20.
To RSVP, contact the HBA Office at 864-254-0133. You can also register online by clicking here.
Annual Meeting Slated for November 19
Make plans now to join us for the 2009 Annual Meeting and SPIKE Appreciation Luncheon, Thursday, November 19 at 11:30 a.m. at the Greenville Hilton.
Special guest speaker will be Barry Rutenberg, Third Vice Chair of the NAHB Board of Directors. Rutenberg will udpate our membership on the state of the home building industry nationwide, and will be honoring our SPIKES, those who help your association grow by recruiting new members. Rutenberg is a third-generation home builder from Gainesville, Florida, where his company Barry Rutenberg and Associates has built thousands of homes in more than a dozen communities.
The Annual Meeting is also a time for members to vote on changes to the association by-laws and the slate of officers for the 2010 Board of Directors. Please note that if you cannot attend the meeting, we have mailed proxy forms and information on changes to all members. Please mail these back to us as soon as possible if you are not able to attend and vote in person.
Click here to download the event form, or register online for this and other HBA events by visiting www.hbaofgreenville.com/eventregistration.jsp.
Special guest speaker will be Barry Rutenberg, Third Vice Chair of the NAHB Board of Directors. Rutenberg will udpate our membership on the state of the home building industry nationwide, and will be honoring our SPIKES, those who help your association grow by recruiting new members. Rutenberg is a third-generation home builder from Gainesville, Florida, where his company Barry Rutenberg and Associates has built thousands of homes in more than a dozen communities.
The Annual Meeting is also a time for members to vote on changes to the association by-laws and the slate of officers for the 2010 Board of Directors. Please note that if you cannot attend the meeting, we have mailed proxy forms and information on changes to all members. Please mail these back to us as soon as possible if you are not able to attend and vote in person.
Click here to download the event form, or register online for this and other HBA events by visiting www.hbaofgreenville.com/eventregistration.jsp.
Wednesday, October 21, 2009
HBASC Legislative Day and BBQ
On Wednesday, November 18, the Home Builders Association of South Carolina will hold its annual Legislative Day Conference in downtown Columbia at the Marriott. Some of the state's gubernatorial candidates will be present to speak, and the 2010 Legislative Agenda for HBASC will be set. A reception and BBQ will follow.
Invited panelists include:
Congressman Gresham Barrett
Lt. Governor Andre Bauer
Attorney General Henry McMaster
Senator Larry Grooms
Senator Vincent Sheheen
Representative Nikki Haley
Dwight Drake, Esq.
Jim Rex
Special guest will be Bob Jones, Vice Chairman of NAHB.
We encourage all of our members to attend this event. You can download a registration form by clicking here.
Invited panelists include:
Congressman Gresham Barrett
Lt. Governor Andre Bauer
Attorney General Henry McMaster
Senator Larry Grooms
Senator Vincent Sheheen
Representative Nikki Haley
Dwight Drake, Esq.
Jim Rex
Special guest will be Bob Jones, Vice Chairman of NAHB.
We encourage all of our members to attend this event. You can download a registration form by clicking here.
Tuesday, October 20, 2009
Update: Shifting Liability for Workers Compensation Benefits
Guest Author: Scott Bradley of Gallivan, White and Boyd, P.A.
General Counsel for the Home Builders Association of Greenville
On June 15, 2009, the South Carolina Supreme Court reaffirmed that general contractors must thoroughly validate the certificates of insurance of its subcontractors to be able to shift liability for workers' compensation benefits to the South Carolina Uninsured Employers Fund pursuant to S.C. Code Section 42-1-415. The underlying action involved a general contractor that hired a subcontractor to perform certain work on a project. The subcontractor provided the general contractor with a Certification of Insurance in connection with the project. The certificate showed that the policy was effective from January 1, 2003 through December 31, 2003 but the "Description of Operation" box was blank and no information was provided on coverage, deductible or the applicable project.
While working on this project, on February 19, 2004, an employee of the subcontractor was injured. As it turns out, the subcontractor did not have Workers' Compensation coverage. Under South Carolina law, since the general contractor was the highger tier contractor, it was the statutory emplyer of the injured worker. Therefore, as statutory employer, it was liable to pay benefits to the injured worker for his injuries. As a result, the general contractor then sought to transfer liability to the South Carolina Uninsured Employers Fund pursuant to S.C. Code Ann. Section 42-1-415.
This matter was heard by the Workers' Compenstaiton Commission, the South Carolina Circuit Court and then appealed to the Court of Appeals. The Court of Appeals reversed the circuit court, finding there was substantial evidence in the record that showed the general contractor did not comply with Section 42-1-415 and therefore, could not shift liability.
The case was appealed once again. The Supreme Court of South Carolina agreed with the Court of Appeals stating that in order to transfer liability, the general contractor must have properly documented the subcontractor's claim that it retained workers compensation insurance. The Court found that acceptance of an incomplete certificate did not constitute proper documentation as to comply with Section 42-1-415. Additionally, the Court noted that a general contractor may not rely upon an expired policy as evidence of workers compensation insurance; therefore, after December 31, 2003 the general contractor no longer had proper documentation that the subcontractor had workers compensation insurance.
This opinion reaffirms that general contractors must diligently verify the information on certificates of insurance and maintain a system to require subcontractors to update their certificates. Otherwise, they may find themselves liable to subcontractors employees for benefits.
Ref: Timothy Mark Hopper v. Terry Hunt Construction, South Carolina Uninsured Employers Fund, Kajima USA, Inc. and Zurich American Insurance Company, Opinion No. 26665, South Carolina Supreme Court (June 15, 2009).
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Thank you to Scott Bradley and Gallivan, White & Boyd, P.A. for submitting and allowing us to use this article.
General Counsel for the Home Builders Association of Greenville
On June 15, 2009, the South Carolina Supreme Court reaffirmed that general contractors must thoroughly validate the certificates of insurance of its subcontractors to be able to shift liability for workers' compensation benefits to the South Carolina Uninsured Employers Fund pursuant to S.C. Code Section 42-1-415. The underlying action involved a general contractor that hired a subcontractor to perform certain work on a project. The subcontractor provided the general contractor with a Certification of Insurance in connection with the project. The certificate showed that the policy was effective from January 1, 2003 through December 31, 2003 but the "Description of Operation" box was blank and no information was provided on coverage, deductible or the applicable project.
While working on this project, on February 19, 2004, an employee of the subcontractor was injured. As it turns out, the subcontractor did not have Workers' Compensation coverage. Under South Carolina law, since the general contractor was the highger tier contractor, it was the statutory emplyer of the injured worker. Therefore, as statutory employer, it was liable to pay benefits to the injured worker for his injuries. As a result, the general contractor then sought to transfer liability to the South Carolina Uninsured Employers Fund pursuant to S.C. Code Ann. Section 42-1-415.
This matter was heard by the Workers' Compenstaiton Commission, the South Carolina Circuit Court and then appealed to the Court of Appeals. The Court of Appeals reversed the circuit court, finding there was substantial evidence in the record that showed the general contractor did not comply with Section 42-1-415 and therefore, could not shift liability.
The case was appealed once again. The Supreme Court of South Carolina agreed with the Court of Appeals stating that in order to transfer liability, the general contractor must have properly documented the subcontractor's claim that it retained workers compensation insurance. The Court found that acceptance of an incomplete certificate did not constitute proper documentation as to comply with Section 42-1-415. Additionally, the Court noted that a general contractor may not rely upon an expired policy as evidence of workers compensation insurance; therefore, after December 31, 2003 the general contractor no longer had proper documentation that the subcontractor had workers compensation insurance.
This opinion reaffirms that general contractors must diligently verify the information on certificates of insurance and maintain a system to require subcontractors to update their certificates. Otherwise, they may find themselves liable to subcontractors employees for benefits.
Ref: Timothy Mark Hopper v. Terry Hunt Construction, South Carolina Uninsured Employers Fund, Kajima USA, Inc. and Zurich American Insurance Company, Opinion No. 26665, South Carolina Supreme Court (June 15, 2009).
--
Thank you to Scott Bradley and Gallivan, White & Boyd, P.A. for submitting and allowing us to use this article.
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