Poggenpohl's New Fronts

A new front given to all Poggenpohl kitchens, include the Porsche Design kitchen P´7340. With its engineered look, this has been seen as modern kitchen for a primarily male audience. Poggenpohl uses carbon for styling the front door. Familiar from motor racing, the ultra-light yet extremely strong and temperature-resistant carbon fibre composite is widely used today in aerospace but also increasingly in automotive engineering. Produced in a complex process, carbon is an exceptionally high-quality material. For the carbon front of its Porsche Design kitchen, the material is laminated and applied to a glass front. This additionally underscores the carbon’s three-dimensional appearance. Its handleless design and combination of aluminium and glass as materials with an industrial feel now cut an even more exclusive figure through the addition of carbon.

Poggenpohl +ARTESIO Available Worldwide in 2011

“The concept of the kitchen as a room totally separate to the living spaces within the home, a room created solely to prepare meals, has become increasingly obsolete. The status of the kitchen has risen in our minds and in our actions,” said Arturo Manso, managing director, TEKA Küchentechnik.

This evolution is reflected in the design of high-end kitchens, noted Kathryn Pratley, business development manager of kitchens & beyond and Poggenpohl UAE. “Our latest concept, +ARTESIO, will be available worldwide in 2011. It was developed jointly by architect Hadi Teherani and Poggenpohl. Architectural design elements demonstrate the fusion between the kitchen and living environment.”

The kitchen’s increasingly multi-faceted role is being conveyed in the emergence of separate work zones and integrated appliances. “There is a trend towards integrating built-in appliances as a functional element of the kitchen design. The built-in appliance also offers a combination of performance and convenience, providing more space to cook and move around,” said Vinoth Krishna, sales director, Gaggenau.

Mirroring the sustainability drive in all other areas of the design industry, kitchen design is also becoming increasingly eco-conscious. This, in turn, is leading to the use of more natural materials, said Patricia Boettcher, founder of B5 The Art of Living, a supplier of Eggersmann kitchens.

“We are noticing a trend towards the use of natural raw materials such as stone, wood and glass, in the design of customised kitchens. Rustic stone is giving a vintage, ‘used’ look, and being mixed with natural oak in a very contemporary way.  “Raw oak alone may have a traditional feel about it but when mixed with stone and even appearing in high-gloss black and white, it can look incredibly futuristic. This juxtaposition of two different looks – the stone, oak and glossy finishes, is a strong future trend in kitchens,” she predicted.

Nordstjernan increases its holding in Nobia

On January 17, 2011, Nordstjernan AB (“Nordstjernan”) increased its holding in Nobia AB (“Nobia”) to the extent that it now exceeds 10 percent. Following the acquisition, Nordstjernan’s total shareholding in Nobia amounts to 17,559,573 shares, corresponding to 10.0 percent of the shares and voting rights in Nobia.

Nobia is one of the largest kitchen companies in Europe. The company develops and sells kitchen products through about 20 brands, such as HTH in the Nordic region, Magnet in the United Kingdom, Hygena in France and Poggenpohl globally. For more information, visit http://www.nobia.com/.

“Nordstjernan has monitored Nobia’s development for several years. We recognize the company’s strong market position as one of the two largest players in the European kitchen products industry, with a number of excellent brands. At the same time, we are of the opinion that Nobia has considerable improvement potential and we have great confidence in its new management’s plans to realize it,” says Tomas Billing, President and Chief Executive Officer of Nordstjernan.

Meyda Introduces Fused Glass Bowl Vessels for Kitchens and Baths

Driving innovation for kitchen and bath products today, Meyda Custom Lighting introduces Custom Fused Glass Bowl Vessels, for residential, retail, hospitality and commercial environments. Meyda Tiffany is America's leading manufacturer and designer of custom lighting solutions and decorative accessories.

Meyda Fused Glass Vanity Bowl Vessels feature a broad range of colors and designs. Contemporary, fun, transitional, elegant and creative, Meyda showcases a stunning, innovative art piece featuring "Tropical" (113016) kiln-fired, fused glass in colors of Blue, Yellow, Green and Red swirl and stripe motifs.

Invitation to Nobia's presentation of the interim report for Q4 2010

Stockholm, Sweden, Jan 28, 2011 (Thomson Reuters ONE via COMTEX) -- Nobia will publish its fourth

quarter and full-year results for 2010 at 8:00 CET on Friday, 11 February.

At 10:00 on the same day, CEO Morten Falkenberg will present the report live from Nobia's kitchen. View the presentation (in English) on the Internet.

Prior to the webcast, the slides will be made available on www.nobia.com.

Link to webcast:http://storm.zoomvisionmamato.com/player/nobia/objects/cqr5b61w Dial-in numbers for telephone conference: UK: +44 (0) 203043 2436 US: +1866458 4087 Sweden: +46 (0)8505598 53 For further information, contact: Ingrid Yllmark Telephone +46 8 440 16 00 Nobia AB 28 January 2011 Nobia develops and sells kitchens through some 20 strong brands in Europe, including Magnet in the UK, Hygena in France, HTH, Norema, Sigdal, Invita, Marbodal and Myresjokok in the Nordic countries, Petra, Parma and A la Carte in Finland, ewe and FM in Austria, Optifit in Germany and Poggenpohl globally. Nobia generates profitability by combining economies of scale with attractive kitchen offerings. The Group has approximately 8,000 employees and net sales of around SEK 15 billion. The Nobia share is listed on the NASDAQ OMX Nordic Exchange in Stockholm under the short name NOBI. Website: http://www.nobia.com/.

Source: Nobia via Thomson Reuters ONE HUG#1483116

Herzog Kitchen & Bath sues competitor

A kitchen and bath company claims customers under contract for an installation job were convinced to void their contract by another supplier and buy directly from him. Herzog Kitchen & Bath, Inc. of Glen Carbon, Il.,  filed a lawsuit on Jan. 14 in Madison County Circuit Court  against Pat Corsi.

Herzog Kitchen & Bath says they entered into a valid contract with Dave and Julie Arvola on April 22, 2008, for the installation of kitchen and bath products. While the couple was viewing products at the Corsi Group, the suit claims Pat Corsi induced the Aryolas to purchase the products directly from him and breach their contract with Herzog Kitchen & Bath.

The plaintiffs say Corsi was aware that the Aryolas had a valid contract with their company and that the company had asked Corsi if the couple could look at some of the products they had bought from Herzog Kitchen &Bath.

Herzog Kitchen &Bath says Corsi's actions were unjustified and resulted in lost profits to the company.

In its complaint, Herzog Kitchen & Baths seeks damages of $50,000 plus punitive damages on each of two counts.

Does Your Business Need to Hire an Attorney (and if so, when?)

By: Peter J. Lamont, Esq.

For most business owners they would rather go to the dentist than hire an attorney. Attorneys have the dubious reputation as being "blood suckers", deal breakers and opportunists. Additionally, many business owners would rather use the "do it yourself" method when it comes to legal issues in order to cut costs on what they view as non-essential expenses. Unfortunately, many "do it yourselfers" ultimately end up having to hire a lawyer to deal with a lawsuit concerning one of their homemade contracts or other "legal documents" which they created with the help of legal software or the Internet. Typically, businesses wait to retain an attorney until they are in trouble end up paying through the nose for legal services. Additionally, because of time constraints they do not research the attorney but rather rely upon the recommendation of their know-it-all brother-in-law, their favorite bank teller, their priest or landscaper. So, what is a cost conscience business owner to do? Does a business need an attorney and if so, when?

First, we need to determine whether you need an attorney. The short answer is "yes." There are two professionals every business will need early on: an accountant and a lawyer. The reasons for hiring an accountant are obvious. However, the reason for hiring a qualified business attorney may not be so apparent. A good business attorney will provide vital assistance in almost every aspect of your business, from contract creation, review and negotiation, back office support, and litigation prevention to employment issues, licensing compliance, copyright and trademark issues and lawsuits and liability. 

There is no substitute for a good lawyer. No computer software or Internet site can provide you with the knowledge, skill and experience that can be provided by a qualified attorney. After all, you would not want a nurse performing major surgery on you, would you? 

The time to hire a lawyer is when you do not necessarily need one. If you wait until you need one, then something went wrong that a qualified lawyer might have been able to insulate you from. Now you have to deal with litigation expenses which could range from $15,000 to above $50,000. Clearly, when it comes to your business the old adage, an ounce of prevention is worth a pound of cure, is highly applicable. 

When you decide to hire an attorney, make sure that he or she has experience in the design/construction industry. It is critical that you find an attorney who is well versed in your industry. It does no good to hire an attorney for your design business who specializes in insurance law only. A qualified business attorney should be able to provide you with counsel on every aspect of your business. Shop around until you find the right match. It is important to note that many attorneys who specialize in the design/construction industry are with small to mid-size law firms. Their rates will be significantly lower than mega firms. 

Ok, so you decided to hire an attorney - but what do you need him for? It is not necessary for an attorney to be involved with every aspect of your business. In fact, there are a good amount of things that you can do on your own. For example, if you are willing to put in the time, you can register and set up your business with your state without an attorney. Most state website provide you with step-by-step directions concerning starting a business and obtaining a tax identification number. 

You can create store policies, selling guidelines, sales training programs, forms for your employees, office procedures, as well as negotiate with new vendors, suppliers, and partners. However, you should use an attorney to create, review and/or handle the following: your contracts and purchase orders; employee manuals, collection letters and guidelines, leases; subcontracts, state licensing, contractor registration and licensing, litigation prevention plans and procedures, trademark and copyright registration, insurance issues, sexual harassment policies and employee training. This is certainly not an exhaustive list, but it should give you a good idea of what aspects of your business should be handled by an attorney. Of course, all liens, arbitrations, mediations and lawsuits should be handled exclusively by an attorney. 

For example, a qualified attorney can create a set of form contracts and documents for you which could help eliminate contract litigation. You could pay an attorney a reasonable fee to create your contracts and be insulated from lawsuits or you could draft the contract yourself and end up litigating, at high cost both in time and money to you, with numerous customers over unclear, unenforceable, and/or ambiguous contract terms.

Retaining the right attorney for the right tasks can end up saving you thousands in litigation costs.

Are You are "LEEDer"?

How familiar are you with LEED?  LEED is an acronym for Leadership in Energy & Environmental Design.  If you have any questions about LEED, please do not hesitate to contact us.

Also, be on the lookout for our free LEED Basics Webinar which will take place in early February.

2011 Business Goals

Goal Setting - I know, we are all fired up at the beginning of January to take steps to achieve all of our goals for the year. Unfortunately, by the middle of the month most people still have not written their goals down.  Don't let January get away from you.  Write down your business goals for 2011 right now! 

If you have any questions about commercial goal setting or any business or legal matter, please do not hesitate to contact us to speak with one of our attorneys or business professionals at no charge. 

DESIGNING AN EFFECTIVE INTERIOR DESIGN CONTRACT

For many interior designers the contract with their clients are rarely given much thought. That is, until an issue arises with a client over payment terms or scope of responsibility. In order to maximize profits interior designers need to get a little more creative with their own design contracts. With the new year approaching there is no better time to review your old contracts, reflect on any negative customer issues that you may have encountered during the year and craft a new comprehensive contract that fully address your needs and will remedy past negative issues. While there is no magic formula for a good contract, there are a number issues that designers should include in their agreements. Below are some of the critical issues that should be included.

SCOPE OF WORK

It is critical that design contracts clearly spell out the limitations of the designers scope of work. Often designers find themselves practically replacing the general contractor on certain types of jobs. For example, if your scope of work is not clearly stated in your contract, a difficult homeowner may blame you for the failures of an electrical contractor or other trade even though that trade should have been monitored by the general contractor. 

In order to avoid this, a good design contract should state exactly what the designer is responsible for. It should not contain generalities such as "designer will design and oversee the overall transformation of Mr. Smith's home located at . . ." This language was actually contained in a designer's contract. Unfortunately, her client was savvy and litigious and ended up negotiating a much lower final payment than he was originally obligated to pay because he threatened her with a lawsuit over drywall, insulation and lighting issues. 

The designer could have avoided this situation if she had listed those items she was responsible for and included a disclaimer concerning the tasks that were not her responsibility. A general disclaimer could state, "Designer has been retained to provide interior design services only. Designer is not a general contractor and will not act in such capacity. Any issues concerning construction elements must be discussed between owner and his/her contractor."

CONFIDENTIALITY & PROPRIETARY PROPERTY 

One of the designers important tools is their subcontractor contact list. The list contains the names and telephone numbers of the designer's go to painters, electricians, etc. For most designers a good list takes years to develop. The last thing that a designer wants is to have to give up their list to a client and have the client start making direct calls to his or her subcontractors. 

In another real world example, a designer on an large project was challenged by the homeowner concerning delays and the work of her subcontractors. He demanded her contact list. Unfortunately, her contract was poorly worded and the homeowner was able to force her into giving up her list. The homeowner then used it to make side deals with her own subcontractors.

Separately, some designers want their drawing and sketches to remain their proprietary property. The same designer discussed above was also forced to provide the homeowner with all of her drawings and sketches.

In order to protect your contact list and drawings your contract should include confidentiality and proprietary information clauses. The clauses should clearly state that the designer owns all of the drawings and sketches, as well as any other documents or information that the designer wishes to maintain control over. It should also forbid a client from directly contacting the subcontractors without the designers consent. 

PAYMENT TERMS

This is one of the most important clauses in the contract yet is often the most neglected. Most contracts simply state the hourly rate , design fees and commission percentages. In order to fully protect your profit, your contract should be broken down into separate sections for design fees, commissions and hourly rates. Each section should specifically state when payment is due and the manner of payment accepted. It should also specify how often your will bill the client and how your bill will be broken down. The more detailed the payment terms the better. 

REMEDIES FOR BREACH

Finally, a solid design contract should specifically state what happens if the client does not pay the designer in accordance with the payment terms. For example, "an interest charge of x% will be applied to all past due balances." It should also state that "failure to submit payment in accordance with the payment terms will constitute a material breach of the agreement."

SUMMARY

The key to writing a good design contract is to spell out all of the terms and conditions that are important to you in plain language. You would not take shortcuts with your designs and you should not take them with your contracts. It is a good idea to have all of your contacts looked at by an attorney who is familiar with the design industry.

—Peter J. Lamont, Esq., is a commercial litigation attorney with offices in Hawthorne, NJ, as well as Massapequa, NY. His practice focuses on the representation of small- to large-size companies in the building and design industry, as well as individual designers and architects. To contact him with questions and suggestions on topics for future articles, please email him at plamont@peterlamontesq.com or call him at (973) 949-3770.