January - February 2024 Newsletter

Bill Number: HB24-1083

Title: Construction Professional Insurance Coverage Transparency

Sponsors: J. Willford (D) | K. Brown (D) / L. Cutter (D)

Status: NOT ON CALENDAR; Referred Amended to Appropriations

CRA Position: Oppose

Summary:

HB24-1083 seeks to enhance transparency regarding construction liability insurance for construction professionals in Colorado.

Overall, HB24-1083 aims to increase transparency in construction liability insurance, but has quite a lot of uncertainty in how new provisions would be enforced. It is the CCC position that this legislation would negatively impact the construction industry by allowing burdensome regulatory investigations and mandatory disclosures. 

Bill Number: HB24-1085

Title: Limitation on Actions against Appraisers

Sponsors: L. Frizell (R) | J. Amabile (D) / B. Gardner (R) | J. Ginal (D)

Status: NOT ON CALENDAR; Introduced In Senate - Assigned to Judiciary

CRA Position: Support(PA and Appraiser members)

Overall, HB24-1085 seeks to provide clarity and establish a specific timeline for bringing actions against real estate appraisers, potentially offering protection to appraisers from prolonged legal exposure. This could be beneficial for our insurance appraiser members and others in the real estate industry by establishing clear boundaries for legal actions related to their appraisals.

Sponsors: K. Brown (D) | B. Titone (D) / L. Cutter (D) | S. Jaquez Lewis (D)

Status: NOT ON CALENDAR; Senate Third Reading Passed - No Amendments

CRA Position: None taken at this point

HB24-1091 addresses the use of fire-hardened building materials in residential real property, including common interest communities. Here's how it potentially impacts the roofing industry:

The bill may promote the use of fire-resistant roofing materials in residential properties, enhancing fire safety and reducing the risk of property damage and loss in the event of wildfires or other fire incidents.

Roofing contractors may see an increased demand for fire-resistant roofing materials as property owners seek to comply with the new regulations and improve the fire resilience of their homes.

However, the bill's allowance for common interest communities to establish standards for fire-hardened building materials could introduce some variability in the requirements for roofing materials within different communities, potentially affecting material selection and installation practices for roofing contractors operating in these areas.

Overall, HB24-1091 aims to enhance fire safety in residential properties by promoting the use of fire-hardened building materials, potentially impacting material choices and installation practices within the roofing industry, particularly in common interest communities.

Bill Number: HB24-1220

Title: Workers' Compensation Disability Benefits

Sponsors: L. Daugherty (D) / J. Marchman (D)

Status: NOT ON CALENDAR; House Committee on Business Affairs & Labor Refer Amended to Appropriations

CRA Position: Oppose

The bill requires workers' compensation insurers to pay benefits to claimants by direct deposit upon request. This provision aims to streamline the payment process and improve access to benefits for injured workers, including those in the roofing industry.

Overall, B24-1220 proposes changes to workers' compensation benefits that could impact roofing contractors and workers by providing additional protections, expanding benefits, and improving access to financial support for work-related injuries. This bill is incredibly vague and could pose additional costs for our members.

Bill Number: SB24-106

Title: Right to Remedy Construction Defects

Sponsors: R. Zenzinger (D) | J. Coleman (D) / S. Bird (D)

Status: In Senate Calendar; Scheduled for Senate Local Government & Housing Committee on March 5, 2024, at 2:00 PM in SCR 352

CRA Position: Support

SB24-106, known as the "Right to Remedy Construction Defects" bill, introduces several provisions impacting construction defect lawsuits, which could have implications for the roofing industry

Overall, SB24-106 introduces measures aimed at clarifying procedures and rights related to construction defect claims, potentially impacting how roofing contractors, property owners, and unit owners' associations navigate disputes and legal actions involving roofing defects within common interest communities and residential properties.

Bill Number: SB24-112

Title: Construction Defect Action Procedures

Sponsor: P. Lundeen (R)

Status: In Senate Calendar; Scheduled for Senate Local Government & Housing Committee upon adjournment in SCR 352

CRA Position: Support

Overall, SB24-112 introduces procedural changes and clarifications to construction defect action procedures, potentially impacting roofing contractors involved in construction projects within common interest communities and residential properties.

Congratulations to the 2023 CRA Job of the Year Award Winners 

Lauren Morley (left) and Arik Koch (right).

---

CRA presented its 23^rd annual Job of the Year Awards on February 22^nd at its annual Awards Dinner held at Social Capitol in Arvada, CO.  Job of the Year Awards are given to CRA members in recognition of their outstanding work in four categories based on the size of the job.

The CRA 2023 Job of the Year Awards winners were (click to see the video highlight of each project):

Division I: Under $150,000

• 1st Place - Kudu Roofing LLC | The Gold/Wolf Residence 

• 2nd Place - Advanced Exteriors, Inc. | The Bobbit Residence  

 

Division II: $150,001 to $450,000

• 1st Place - Academy Roofing | Regis University Main Hall    

• 2nd Place/1^st Timer Entry - R3NG, LLC | Embassy House Condominiums   

 

Division III: $450,000 to $850,000

• 1st Place - Kudu Roofing LLC | The Simmons Residence 

 

Division IV: Over $850,001

• 1st Place - B&M Roofing of Colorado| Aurora Municipal Center  

• 2^nd Place - Formula Roofing & Remodeling | Province Town Landing II 

 

For more information about the Job of the Year Awards, contact Debbie Hathorne, CRA Executive Director, at (303) 484-0549 or by e-mail.

---

Colorado's roofing industry bestows its highest honor on Kelly Woods.

Kelly Woods (left) and Curt Boyd (right).

CHECK OUT KELLY'S LIFETIME VIDEO HERE.

---

CRA has named Kelly Woods, Regional Vice President of Elite Roofing Supply, as the 23rd recipient of its Lifetime Achievement Award on February 22nd at their annual Awards Dinner held at Social Capitol in Arvada, CO. The Lifetime Achievement Award is given to an individual in the roofing industry whose contributions have impacted our industry here in Colorado and beyond in a positive way.

Kelly was born in 1967 in Bessemer, Alabama, but was raised in Huntsville, a city in northern Alabama. Before Kelly's senior year of high school, the family relocated to Albuquerque, which Kelly describes as unlike any other place he had ever visited. But he eventually adjusted, graduated from high school, and got a job at a lumberyard, where he was introduced to the world of roofing material sales.

Read more.

Stephen Phillips Receives the CRA Legacy Award

Conrad Kawulok (right) presents the Legacy Award to Stephen Phillips (left).

 (View Stephen Phillips video here.)

---

The Colorado Roofing Association presented Stephen Phillips with its Legacy Award on February 22nd at their twenty-third annual Awards Dinner held at the Social Capitol Events Center in Arvada, CO.  The Legacy Award is given in special recognition of an individual’s significant, invaluable, and long-lasting legacy of service, leadership, and dedication to the roofing industry. This marks the second time this honor has been awarded since the Awards Dinner's inception.

Stephen Phillips, Partner at Hendrick Phillips Salzman & Siegel, Atlanta, GA, was honored for his long standing impact on the national industry and for his support of us here locally in Colorado.  

Read more.

WELCOME to 13 New Members …

Meet our newest members!

			Bone Dry Roofing Colorado, Inc. 1301 East Mulberry Street | Fort Collins, CO 80524-3515 | 970.364.7996 Roofing Contractor - Res/Comm
			Bulldog Roofing 1002 17th Avenue | Longmont, CO 80501 | 303.827.3726 Roofing Contractor - Res/Comm
			Custom Exteriors LLC 18674 County Road 3 | Berthoud, CO 80513-8048 | 970.460.8714 Roofing Contractor - Res/Comm
			Electric Heat Service & Supply 6225 West 48th Avenue #105 | Wheat Ridge, CO 80033 | 303.582.0135 Material Supplier /  Manufacturer Rep
			Frontier Controls Corporation 7388 South Revere Parkway Suite 707 | Centennial, CO 80112-3942 | 303.745.5065 Manufacturer Rep / Equipment Supplier
			Get Your Rocks Off, LLC 200 South Wilcox Street #235 | Castle Rock, CO 80104-1913 | 303.520.1300 Trade Service - Rock Removal
			Huddle Strategic Services LLC 6289 Riviera Court | Parker, CO 80134-5537 | 720.309.7191 Architect / Consultant / Engineer
			McIntire Roofing Inc 7270 Gilpin Way Unit 160 | Denver, CO 80229-6563 | 303.923.0336 Roofing Contractor - Res/Comm
Metal Products			Metal Products LLC 2717 Willamette Place | Colorado Springs, CO 80909-5134 | 719.635.7867 Material Supplier
			North West Roofing 2755 South Locust Street Ste 200 | Denver, CO 80222-7126 | 303.804.0303 Roofing Contractor - Res/Comm
			Peak One Law, LLC 6145 Broadway Ste 34 | Denver, CO 80216-1030 | 720.704.8260 Trade Service - Legal
			Progressive Roofing 5485 Harlan Street | Arvada, CO 80002 | 303.912.6555 Roofing Contractor - Res/Comm
			Scope Technologies 370 17th St. 50th Floor | Denver, CO 80202 | 303.579.9061 Trade Service - Technology

3 reasons why contractors need craft training to stay competitive

Despite being particularly adept at overcoming daily challenges, contractors often find attracting skilled craft professionals to be a daunting task. Navigating material delays, budget limitations, and rapid project deadlines is familiar territory, but recruiting and retention isn’t always a top priority.

The following are just a few of the reasons why 41% of firms are boosting their spending on training and professional development programs.

Read More

Source: Construction Dive, Feb 12, 2024.

---

Craft training is a key part of the construction industry, providing workers with specialized skills and knowledge. Craft workers are skilled manual workers with a high level of skill and a thorough understanding of their work's processes. They usually receive extensive training and exercise considerable independent judgment.

DOL Publishes Final Rule on Misclassification Issue

Source: HPSS Construction Law Update, Feb 6, 2024.

Way back during October, 2022, we informed you that the Department of Labor (DOL) published its Notice of Proposed Rulemaking, stating its objective was, “to help employers and workers determine whether a worker is an employee or an independent contractor under the Fair Labor Standards Act.” This issue is commonly referred to in the construction industry as the misclassification issue.
 
On January 9, the DOL, released its final rule on the misclassification issue. The final rule significantly changes the rule that existed under the Trump administration. Under the Trump administration, the DOL’s rule on the misclassification issue focused on two core factors of control over the work and opportunity for profit or loss carried greater weight among other factors. By focusing on these two core factors, the DOL lowered the bar on properly classifying a worker as an independent contractor rather than an employee. Under the Biden DOL’s final rule, the bar has risen dramatically, making it more difficult for employers to argue that workers have been properly classified as independent contractors rather than employees.
 
The DOL’s final rule takes the focus away from the two core factors previously considered and instead provides for a totality of the circumstances analysis, with the analysis focusing on the following six factors:
 
·      The worker’s opportunity for profit or loss;
·      Investments by the worker and potential employer;
·      The degree of permanence of the relationship;
·      The nature and degree of the potential employer’s control over the work;
·      The extent to which the work is “integral” to the potential employer’s business; and
·      The worker’s skill or initiative.
 
Notably, while the final rule does consider whether the work is integral to the potential employer’s business, the final rule does not adopt what is commonly referred to as the ABC Test. While the ABC Test provides definitively that a worker will be an employee under the law if the worker is engaged in the same trade or business as the employer, the fact that the worker may be engaged in the same business as the employer is only one factor considered in the analysis, under the final rule.
 
As it concerns the nature and degree of the potential employer’s control over the work, the final rule does make one significant change from what was originally proposed during October, 2022. Under the final rule, if the employer is exercising control to comply with the law or applicable regulations, that control will not be used against the employer in the analysis.
 
With regard to the investments factor, the final rule notes the relative investments of the employer and the worker to determine whether the worker is making “similar types of investments” that “suggest the worker is operating independently.”
 
The DOL’s final rule becomes effective on March 11, 2024, barring any litigation that seeks to halt or postpone its implantation. In anticipation of the new rule, now is a good time to conduct a “relationship audit” with your workers to determine whether they are properly classified. Both Philip Siegel and Scott Calhoun can assist your company with its relationship audit. You can reach Philip directly at (404) 469-9197, or you can e-mail him by clicking here. You can reach Scott directly at (404) 469-9195, or you can e-mail him by clicking here.

Marketing Tip: Social Media Engagement Tips for Roofing Contractors

In this video, Katelyn, a marketing strategist at OTM, shares valuable insights on enhancing engagement across your organic social media profiles. Discover effective strategies to reach your audience, build trust, and get leads. Learn about identifying the right platforms, creating compelling content, maintaining a consistent posting schedule, and actively engaging with your audience. Whether you're targeting homeowners or commercial clients, these tips can elevate your roofing business's online presence.

Click HERE to watch the video!

Pinnacol has published their March - MayTraining Calendar.  If you are a policyholder, we highly recommend you to view the list for the year and take advantage of these training opportunities:

• March 13-14 | Spanish OSHA 10 Hour Construction 
• March 13 | FREE Webinar: Introduction to HOP 
• April 2-3 | OSHA 10 Hour Construction
• April 10 | FREE Webinar: Preventing material handling injuries, it shouldn’t be a heavy lift. 
• May 2 | Lockout Tagout Essentials
• May 15-16 | 16-Hour Fall Protection Competent Person 

For the details, go to https://www.pinnacol.com/safety-and-training/training/policyholders

ADVISORY NOTICE: Roofing Contractors Must Not Act as Public Adjusters – Check Your Contract Language

The CRA Board of Directors has issued an advisory with additional information and details about these public adjuster clauses we have seen being used in Colorado that basically state that the roofing contractor may negotiate or act as a public adjuster on behalf of the owner. This is against Colorado’s Residential Roofing Law (SB38) and it is required that you must be a licensed public adjuster before you take on this role. Click here to view the advisory.

Concerning Ladder Liability. Help us in educating consumers and concerned citizens about the liability and risks involved with unattended ladders set for inspectors.

CRA Safety Group Workers’ Comp Program. Receive a 4%-upfront discount, group or individual loss history dividend calculation and much, much more. Members of the program automatically belong to the CRA Safety Group whose focus is on continuing safety education and training and improving safety in the roofing community. In partnership with Moody Insurance Agency and Pinnacol Assurance. Call Kim Burkhardt. at 303-824-6600 to receive additional information regarding this program.

RoofersCoffeeShop Free Classified Ad.  RoofersCoffeeShop is the premier networking site in the roofing industry, helping contractors find information, materials, services, tools, labor and training in one place. Share ideas and stories in our RCS Forum, and visit their classified ads section to sell and find items and get help. Use promo code CRA for your FREE classified ad.

OSHAlogs.com - new in 2023. More info coming soon!!

Colorado Contractors Legislative Advocacy Coalition - CRA partners with several other construction associations to make our voices heard as joint members of the Colorado Contractors Coalition. Together we have successfully passed legislation including payment reform (public and private to 5%), bonding requirements, pro-rata liability and construction defect reform policies.  Check out the CCC website for more information and to keep up with our CURRENT advocacy efforts