Members News

NZCB members’ in the news – Business North, North Island

Great to see contributions from Macreadie Builders and Totalspan Northland in the press. Thank you for promoting the NZCB Brand! Scheduling key to Covid –

September 22, 2022

Changes for ITAB Apprenticeship Programme

It comes as no surprise that the changes introduced by the Review of Vocational Education (RoVE) would have an impact on the Industry Training Association

September 20, 2022

NZCB Board Report and Advocacy – September 2022

NZCB Board Report I have been on the New Zealand Certified Builders (NZCB) Board for just over a year and continue to be impressed with

September 20, 2022

Chief Executive Report – September 2022

In mid-August, I marked 100 days in the Chief Executive (CE) role with a New Zealand Certified Builders (NZCB) Board meeting, having completed an NZCB

September 20, 2022

A new code of ethics for Licensed Building Practitioners

In October 2021, the Government announced a new code of ethics for Licensed Building Practitioners (LBPs), with a twelve-month transition period before it becomes enforceable.

September 20, 2022

Submissions open for REVERE Volume 7

New Zealand Certified Builders (NZCB) are excited to announce that submissions for REVERE Volume Seven are now open! Designed and published by NZCB, Revere magazine

September 20, 2022

Construction Sector Accord launches $37 million transformation plan

The Minister for Building and Construction and the Minister of Housing, Dr Megan Woods, together with the Construction Sector Accord leadership, recently launched the Transformation

September 20, 2022

NZCB in the news – Driving his construction downtime

From construction to cars: Meet NZCB’s new chief executive. Malcolm Fleming is a self-confessed workaholic. But he knows how to control the urge to think

September 19, 2022

Older Posts...

NZCB in the news – Driving his construction downtime

September 19, 2022

From construction to cars: Meet NZCB’s new chief executive. Malcolm Fleming is a self-confessed workaholic. But he knows how to control the urge to think

Tax relief for August weather event

September 16, 2022

The heavy rainfall experienced from 17 to 21 August which caused significant damage and disruption, has been declared an emergency event. This allows Inland Revenue

Managing finances through tough times

September 13, 2022

The stars are aligning, and not in the way we want them to from a Trade business perspective. There are well documented economic and industry

Tight budget? Where to save and where to splurge when renovating.

September 1, 2022

We all know the cost of living in New Zealand has skyrocketed recently, so now is as good a time as any to watch your

Meet our 2022 NZCB Presidents

August 16, 2022

The New Zealand Certified Builders Association (NZCB) is divided into 22 regions throughout New Zealand. Each region is led by a President and supported by

Halo Guarantees Ltd appoints Chief Executive

August 16, 2022

The Halo Guarantees Limited Board, would like to introduce David Lee. Dave has been appointed as Chief Executive of Halo Guarantees Ltd, a role he

NZCB National Support Office report

August 16, 2022

Following this year’s Annual General Meeting and our Annual Membership Survey we will now bring you regular updates on what the team at the New

Everything you need to know about glass

August 1, 2022

Glass is a key part of all our homes – from toughened, ultra-clear glass for minimalist bathrooms to colourful laminated or printed decorative glass for

NZCB Board Advocacy

July 19, 2022

Here is an update on the advocacy work the New Zealand Certified Builders (NZCB) Board has been doing lately. Building for Climate Change Legislative Discussion

2022: A time of considerable activity and opportunity

July 19, 2022

At the time of writing, I have been in the Chief Executive (CE) role for just over a month and seen, heard, and learnt a

RoVE update #3

July 19, 2022

The Review of Vocational Education (RoVE) is due to wrap up on 31 December 2022. So, what does this mean for builders who employ and

Updated Product Substitution guidance – plasterboard

July 19, 2022

Earlier in June this year, the Building Performance team released product substitution guidance for plasterboard elements, in order to provide clarification to building consent authorities

Implementation date of H1 changes delayed by six months

July 19, 2022

Outcome of consultation Building Code update 2022 Dear Members,Last Friday afternoon, MBIE announced its decision to delay the implementation of the majority of scheduled H1

Maximising profit on charge-up jobs

July 7, 2022

By Darren Wallbank, Builda Price The current building market is plagued by high demand, labour shortage and rapid material price increases, because of this there

Top tips for small bathrooms

June 30, 2022

A bathroom renovation is a big task and there is much to consider; from cost and layout, to timeframes. Luckily for you, our New Zealand

NZCB advertising spend

June 14, 2022

Year ending 31st December 2021 The Advertising Levy is invoiced annually to all Business Members and is separated from the New Zealand Certified Builders (NZCB)

You should use determinations under the Building Act

June 7, 2022

by Geoff Hardy, partner in the Auckland law firm Martelli McKegg Lawyers, and construction law specialist Getting a ruling on a legal dispute is normally

Employee or contractor… are your working arrangements sound?

June 7, 2022

by Kate Ashcroft, Partner of Copeland Ashcroft Workplace Lawyers This question has been raised afresh following a recent Employment Court case, Barry v CI Builders

NZCB Annual General Meeting 2022 – Register For Online Zoom

June 3, 2022

REMINDER NOTICE OF ANNUAL GENERAL MEETING Notice is hereby given that the Annual General Meeting of New Zealand Certified Builders Association Incorporated will be held

New deck? Build your dream outdoor living, too

June 1, 2022

There is something quintessentially Kiwi about a great deck – whether you use it for your barbecue, sunbathing, entertaining, or for your morning cuppa, a

NZCB Board advocacy update

May 17, 2022

As representatives for our members, the NZCB Board Directors sit on several national boards, industry groups and attend functions, further promoting the Association and providing

How to determine charge-out rates and margins

May 10, 2022

by Shane Ririnui, NZCB Education & Technical Manager Charge-out rates “What should I be charging for labour?” “What’s the going rate in my region?” I

NZCB MEMBER VOTE – Your Board Member Voting Papers 2022

May 10, 2022

Dear Member, We have received 2 (two) nominations for the 1 (one) Member Director position available and now seek your vote on who you think

Top tips to reduce dampness in your home

May 1, 2022

If winter has your home feeling damp or worse, wet, firstly – don’t panic. Secondly, know you’re not alone. Sadly moisture is a common problem

H1 Changes

April 12, 2022

MBIE Article On 29 November 2021, The Ministry of Business, Innovation and Employment released the biggest energy efficiency changes to the Building Code acceptable solutions

Why you should use a Halo Guarantee

April 11, 2022

by Gabby Surtees, Administration & Customer Liaison Halo Guarantees Limited One of the best things about being part of New Zealand Certified Builders (NZCB) is

Easy ways to make your home winter efficient

March 25, 2022

Image: Clayton Tutty Construction Limited As the weather-bombs hit and the temperatures start to plummet, it’s the perfect time to think ahead and winter-proof your

Application process for Spec Builds and Multi Unit Applications

March 9, 2022

by Gabby Surtees, Administration & Customer Liaison Halo Guarantees Limited Whatever building projects you have lined up for 2022 and beyond, it’s important to understand

Want to add a room to your home? Start here

March 1, 2022

Image supplied by Mark Smith Builders 2010 Limited If you’ve been feeling a bit cooped up at home and you need some more space, you

Revere Volume 5

February 23, 2022

Revere is an NZCB publication designed to showcase the outstanding work of its members. Produced bi-annually, the Association believes some of New Zealand’s most inspiring

NZCB Covid-19 Update – 17th February – Close Contact Exemption + RATs Testing

February 17, 2022

Dear Member New Zealand has now moved onto Phase 2 of the Omicron plan which started at 11:59pm on Tuesday, 15 February. Summary of Phase

COVID-19 Supply Chain Issues – Announcement

February 12, 2022

Download Supply Chain Issues Letter for your clients Download John Tookey article Dear Karla The current chaos in the irregular or non-supply of building materials continues,

The hidden danger of project delays

February 8, 2022

by Andy Burrows, Director of The Trades Coach and NZCB National Partner The story on most builders’ lips at the moment is around material shortages

What is – and what isn’t – a variation?

February 8, 2022

by Geoff Hardy, Construction Law Specialist at Martelli McKegg Lawyers Variations to the scope and specifications of the building project as originally agreed, occur on

Renovation trends for 2022

February 1, 2022

We’ve all spent a lot of time at home in the past two years – so it’s no surprise many New Zealander‘s have grown

Congratulations on 10 years of service

January 26, 2022

A big thank you to New Zealand Certified Builders (NZCB) Chief Executive, Grant Florence, for 10 years of service at NZCB. You are a true

NZCB welcomes new employment law helpline

January 26, 2022

In late 2021, New Zealand Certified Builders (NZCB) preferred employment lawyers, Trudy Marshall and Danny Jacobson of Employment Lawyers Tauranga informed us they would be

H1 Building Code updates

January 25, 2022

With the recent H1 Building Code updates, windows have large impact on heat lose in homes, so have been a key focus. The changes are

What are the benefits of a Building Guarantee?

January 25, 2022

What does a 10-year building guarantee cover? A 10-year building guarantee provides cover to the Homeowner should a structural or weathertightness defect arise, and the

How is the NZCB advertising levy spent?

January 25, 2022

The results from the New Zealand Certified Builders (NZCB) membership survey in October 2021 showed us you would like to see more local advertising. So

NZCB Covid-19 Update – 24th January – Are you ready for Omicron?

January 25, 2022

Dear Member,With the news of Omicron fast approaching, the Prime Minister has announced that we would not enter another lockdown once it is detected in

Are you getting paid on time?

January 17, 2022

In the perfect world, you present a payment claim for the completed period or the stage of the works, and the client pays it

Buying land? Check these essentials first

January 1, 2022

With house prices still on the rise, and Councils across the country working to speedily consent new homes, you may be considering buying a piece

Tight summer ahead but the end is in sight

December 15, 2021

The August ‘Delta’ lockdowns stopped sawmill production right when mills traditionally start to build stock for the busy summer months and the Christmas maintenance shutdowns.

NZCB Important Announcement – Resignation of Chief Executive

December 14, 2021

Resignation of Chief Executive – 14th December 2021 Dear Member, Grant Florence has advised me of his intention to step down as Chief Executive of

Covid-19 update – 14th December – Webinar for Employment law changes

December 14, 2021

Dear Member,As we wind down into the Christmas and New Year period, deadlines are no doubt being examined as you try to sort out what can

Red QS’s top five tips on pricing a renovation

December 7, 2021

by Paul Watson, Red QS Sales and Operations Manager Pricing a renovation is HARD. It isn’t clean like pricing a new build. You must think

Tax on Christmas parties and presents

December 7, 2021

by Gavin Lord, NZCB Finance Manager Christmas is fast approaching. If you’re planning a staff Christmas party to boost morale and mark the end of

Builders’ tips if you’re planning a pool

December 1, 2021

Image : G Donaldson Builders As the weather warms up and we look forward to summer holidays, you may be looking around your property and

Covid-19 Update – 30th November New Construction Protocols, New Traffic Light System

November 30, 2021

New Construction Protocols The new Traffic Light protocols replace the current Residential, Vertical and Horizontal Protocols from December 3rd, 2021. These were the protocols that

12.1	Part G of the Schedule contemplates that the Parties will elect who is responsible for arranging the contract works insurance. If the Parties have not made that election or if their intention is unclear, then the Owner must arrange contract works insurance if the Building Work involves changes, alterations, renovations, restoration, repairs or maintenance to existing structures, and the Builder is responsible for arranging contract works insurance if the Building Work involves constructing an entirely new stand-alone structure. Irrespective of who arranges the contract works insurance, the excess on a contract works claim is payable by the Owner. Given that such insurance typically expires on Practical Completion, the Owner must ensure that the Building is insured from that point onwards.
12.2	The amount insured must be at least as much as the Original Contract Price, plus an allowance for Owner-supplied materials, expediting expenses, removal of debris, professional fees, increased costs during construction, increased costs during reconstruction, and materials in storage (off the Project site). Unless otherwise agreed, the allowances for these items shall be those shown in Part G of the Schedule, and if no allowance is made in that Part for any item then the allowance must be reasonable in the circumstances.
12.3	The Owner must arrange contract works insurance against loss or damage to the Owner’s existing structures made available by the Owner to enable the performance of the Building Work, or existing structures adjacent to the Building, and to the Owner’s contents. This insurance must be for the full replacement value, and for consequential loss arising from loss or damage to those structures and contents.
12.4	The Builder must arrange public liability insurance for loss or damage to any property, or illness, injury or death to any person, that arises from the performance of the Building Work.
12.5*	In the event of loss or damage to any part of the Building which is not caused by the Builder or any party for whom the Builder is responsible:
	a.	The Builder is not required to carry out any restoration work at the Builder’s own expense.
	b.	The Builder will restore all loss or damage to the Building and the restoration work will be treated as a Variation.
	c.	The restoration work will be paid for from the proceeds of the contract works insurance.
	d.	If the delay in confirming insurance cover after loss or damage to the Building has occurred is such that the Builder can no longer reasonably afford to maintain spare capacity to perform the Building Work when required, the Builder may suspend the Building Work as if clause 20.2 applied, and if the Builder has not cancelled the contract in the meantime, the Builder shall not be obliged to resume the Building Work until the Builder’s commitments reasonably allow for a resumption.
12.6	If this Contract is completed on-line, and either Party has selected the option to apply for a contract works policy marketed under the “REDi” brand, then an application for such a policy will be automatically generated from the information entered into the Schedule of this Contract.
12.7	The insurance broker responsible for arranging the REDi contract works policy and the underwriter(s) to whom the application is submitted together with their respective representatives or agents are authorised to obtain from, and disclose to, any other party any information they consider relevant to the assessment of the application for the policy.
12.8	For the purpose of section 12 of the Contract and Commercial Law Act 2017, the provisions in this Part 12 are intended to create obligations enforceable by the insurance broker and the underwriter(s) referred to in clause 12.7 and their respective representatives or agents, whether or not they are parties to this Building Contract.

4.1	This is a building contract in which the total price payable for the Building Work is not fixed, specified, or known at the time of entering into the Contract. Instead, the progress payments and the Final Contract Price are to be calculated by reference to the actual costs incurred by the Builder in carrying out the Building Work, plus a Margin for the Builder’s Off-site Overheads and profit. The Parties may have chosen to enter into this form of building contract for any number of reasons, including that it is too difficult for the Builder and/or the Owner to accurately predict the precise scope of the Building Work at the outset, or the Building Work involves innovative systems or materials the cost of which is largely unknown, or to avoid the administrative burden of having to recalculate a fixed contract price each time a component of the work changes, or simply because it is their preference to do so. While this inevitably involves some uncertainty as to what the Final Contract Price will eventually amount to, it has the advantage that at the conclusion of the Building Work the Owner will have become liable to pay no more and no less than the value of the Building Work and materials the Owner has actually received.
4.2	The progress payments and the Final Contract Price payable to the Builder shall therefore be calculated by reference to the hours of work expended by the Builder and the Builder’s employees and contractors in carrying out the Building Work, plus the materials and other direct costs incurred by the Builder in carrying out the Building Work, using the rates set out in Part F of the Schedule. Onto those amounts shall then be added the Margins for the Builder’s Off-site Overheads and profit, calculated by reference to the percentages shown in Part F of the Schedule.
4.3	The Builder shall be entitled to charge for and recover all costs that the Builder would not have incurred but for the Building Work, and that are reasonably necessary to carry out the Building Work to the standard required by this Contract, plus the relevant Builder’s Margins. Those costs include (without limitation):
	a.	The Builder’s own labour and labour performed by the Builder’s employees and contractors.
	b.	Products or services from subcontractors or specialist trades.
	c.	Professional advice such as architecture and engineering.
	d.	Building materials and consumables.
	e.	Hireage of tools, plant, equipment, appliances or vehicles.
4.4	The cost of labour shall be calculated using the labour rates set out in Part F of the Schedule, or where no rates have been specified in any particular case, at the prevailing market rates for the personnel in question. The labour rates set out in Part F of the Schedule apply to normal working hours and days, and in calculating working hours no deduction shall be made for work breaks that are reasonably necessary for the consumption of food or beverages or to ensure the continued health, safety, productivity and efficiency of the relevant personnel. Where in order to comply with the Builder’s obligations under this Contract it is reasonably necessary for the Builder and/or the Builder’s employees and subcontractors to carry out Building Work outside of normal working hours or on weekends or public holidays, and the Builder is required to pay penal or overtime rates as a result, those penal or overtime rates shall be included in the calculation of the cost of the Building Work.
4.5	All the costs of the Building Work apart from labour shall be calculated by reference to the invoice issued to the Builder for the relevant item, or if no invoice was issued, by reference to what the Builder actually paid. Where such costs cannot be separately identified or accurately ascertained through timesheets, invoices or otherwise, the cost of those items shall be calculated having regard to the prevailing market price for the relevant items.
4.6	The rates set out in Part F of the Schedule shall be adjusted for any increase in the rates charged by subcontractors that could not reasonably have been foreseen by the Builder at the time this Contract is signed by the Builder, and which would otherwise have the effect of eroding the Builder’s profit margin. The Builder must be able to substantiate the increase by reference to written evidence such as quotations, communications or invoices from the relevant subcontractor, clearly demonstrating the rates that were first advised to the Builder when Part F of the Schedule was completed, and the rates subsequently charged. The Builder shall whenever reasonably practicable, resist any rate increases and procure subcontracts on the basis of fixed rates that cannot be increased during the course of the Building Work.
4.7	If any of the subcontractor rates set out in Part F of the Schedule decrease for any reason (other than rebates or discounts provided to the Builder as a result of such factors as loyalty, volume of business, enticement to form a new or long term trading relationship, or membership of a trade association or cooperative company), the decreased rate(s) shall be used in the calculation of all progress payments and the Final Contract Price from the time that the decrease takes effect.
4.8	Either prior or subsequent to the Parties entering into this Contract, the Builder may have given or may give to the Owner or the Owner’s representative(s) an estimate, indication, projection, guess, intimation, prediction or similar communication (together referred to as an “estimate”) as to what the Final Contract Price or any component of it is likely to turn out to be. It is common for building owners to request an estimate and it is common for builders, in good faith and out of a desire to be helpful, to comply with that request, or indeed to offer an estimate unsolicited. The Parties acknowledge that even the most carefully calculated estimate can in hindsight prove to be grossly pessimistic or optimistic, and it is impossible for the Builder to accurately predict what the final outcome of the Project will be, given that so many factors are outside the Builder’s control.
4.9	The Parties have chosen this form of contract rather than a fixed price contract because they have agreed that the Final Contract Price will be determined by the hours of work and the materials and other direct costs that are ultimately involved, and the margin applied to those items. By definition, those hours and those costs cannot be known in advance. The Parties therefore expressly record that any such estimate that may have been or may be provided by the Builder – assuming the Builder used the term “estimate” or some reasonably equivalent expression – shall only represent the Builder’s best guess, based on the Builder’s experience and what the Builder knows about the Project itself to date. The Builder agrees to take reasonable care in calculating any estimate that may be given, and to keep the Owner regularly informed, by the provision of periodic invoices or otherwise, of the amount paid and payable to the Builder in respect of the Building Work at any given time.
4.10	A price estimate is fundamentally different from an undertaking, promise, commitment, statement, assurance, warranty or representation (together referred to as a “representation”) that the total contract price will amount to, or will not exceed, a stated or fixed sum. If the Builder has given such a representation, then that will bind the Builder in accordance with its terms. However the representation must be reasonably inferred from the wording used. For example if either of the Parties has, without full knowledge of the legal significance, mistakenly described an estimate as a “quote” or used some other wording that might suggest a representation that would be enforceable in law, then that will not constitute a representation if the Parties did not intend it to have that effect.

13.1	Part H of the Schedule contemplates that the Parties will elect who is responsible for arranging the contract works insurance. If the Parties have not made that election or if their intention is unclear, then the Owner must arrange contract works insurance if the Building Work involves changes, alterations, renovations, restoration, repairs or maintenance to existing structures, and the Builder is responsible for arranging contract works insurance if the Building Work involves constructing an entirely new stand-alone structure. Irrespective of who arranges the contract works insurance, the excess on a contract works claim is payable by the Owner. Given that such insurance typically expires on Practical Completion, the Owner must ensure that the Building is insured from that point onwards.
13.2	The amount insured must be at least as much as the Original Contract Price, plus an allowance for Owner-supplied materials, expediting expenses, removal of debris, professional fees, increased costs during construction, increased costs during reconstruction, and materials in storage (off the Project site). Unless otherwise agreed, the allowances for these items shall be those shown in Part H of the Schedule, and if no allowance is made in that Part for any item then the allowance must be reasonable in the circumstances.
13.3	The Owner must arrange contract works insurance against loss or damage to the Owner’s existing structures made available by the Owner to enable the performance of the Building Work, or existing structures adjacent to the Building, and to the Owner’s contents. This insurance must be for the full replacement value, and for consequential loss arising from loss or damage to those structures and contents.
13.4	The Builder must arrange public liability insurance for loss or damage to any property, or illness, injury or death to any person, that arises from the performance of the Building Work.
13.5	In the event of loss or damage to any part of the Building which is not caused by the Builder or any party for whom the Builder is responsible:
		a.	The Builder is not required to carry out any restoration work at the Builder’s own expense.
		b.	The Builder will restore all loss or damage to the Building and the restoration work will be treated as a Variation.
		c.	The restoration work will be paid for from the proceeds of the contract works insurance.
		d.	If the delay in confirming insurance cover after loss or damage to the Building has occurred is such that the Builder can no longer reasonably afford to maintain spare capacity to perform the Building Work when required, the Builder may suspend the Building Work as if clause 20.2 applied, and if the Builder has not cancelled the contract in the meantime, the Builder shall not be obliged to resume the Building Work until the Builder’s commitments reasonably allow for a resumption.
13.6	If this Contract is completed on-line, and either Party has selected the option to apply for a contract works policy marketed under the “REDi” brand, then an application for such a policy will be automatically generated from the information entered into the Schedule of this Contract.
13.7	The insurance broker responsible for arranging the REDi contract works policy and the underwriter(s) to whom the application is submitted together with their respective representatives or agents are authorised to obtain from, and disclose to, any other party any information they consider relevant to the assessment of the application for the policy.
13.8	For the purpose of section 12 of the Contract and Commercial Law Act 2017, the provisions in this Part 13 are intended to create obligations enforceable by the insurance broker and the underwriter(s) referred to in clause 13.7 and their respective representatives or agents, whether or not they are parties to this Building Contract.

9.1	The Builder shall commence the Building Work within a reasonable time after:
	a.	the Contract has been signed by both parties; and
	b.	any deposit payable in accordance with clause 7.2 has been paid; and
	c.	any necessary Building Consent or resource consent or other requisite consents or licences or consent amendments have been issued.
9.2	Unless otherwise agreed in writing between the Parties, the Owner shall obtain all project information memoranda, Building Consents, resource or other consents or licences, and consent amendments required for the Building Work.
9.3	The Owner shall promptly provide all information reasonably required by the Builder to enable the Builder to comply with the Builder’s obligations under this Contract, whether prior to the commencement of, during the performance of, or after the completion of the Building Work.
9.4	The expected completion date stated in Part B of the Schedule shall be automatically extended by a reasonable time where delays arise due to:
	a.	Variations;
	b.	Any strike, lockout, or other industrial action;
	c.	Loss or damage to the Building Work other than loss or damage caused by the Builder’s breach of its obligations under this Contract;
	d.	Flood, volcanic, or seismic events;
	e.	Inclement weather;
	f.	Failure to obtain consent or approval through no fault of the Builder;
	g.	Failure by the Owner to give timely directions;
	h.	Unforeseen physical conditions;
	i.	The Builder exercising its right to suspend the Building Work under this Contract;
	j.	Act, omission or default by the Owner or any person for whose acts or omissions the Owner is responsible;
	k.	A separate contractor’s act or omission;
	l.	Unavailability or shortage of materials;
	m.	Any other event which is beyond the reasonable control of the Builder and for which the Builder is not responsible.

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Construction Sector Accord launches $37 million transformation plan

NZCB in the news – Driving his construction downtime

Tax relief for August weather event

Managing finances through tough times

Meet our 2022 NZCB Presidents

Halo Guarantees Ltd appoints Chief Executive

NZCB National Support Office report

NZCB Board Advocacy

2022: A time of considerable activity and opportunity

RoVE update #3

Updated Product Substitution guidance – plasterboard

Implementation date of H1 changes delayed by six months

Maximising profit on charge-up jobs

NZCB advertising spend

You should use determinations under the Building Act

Employee or contractor… are your working arrangements sound?

NZCB Annual General Meeting 2022 – Register For Online Zoom

NZCB Board advocacy update

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How to choose the best timber cladding

Tight budget? Where to save and where to splurge when renovating.

Everything you need to know about glass

Top tips for small bathrooms

New deck? Build your dream outdoor living, too

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