SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
12b-25
NOTIFICATION
OF LATE FILING
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SEC
FILE NUMBER: 001-12822
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CUSIP
NUMBER:
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(Check
One):
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o Form
10-K
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o Form
20-F
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o Form
11-K
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x Form
10-Q
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o Form
10-D
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o Form
N-SAR
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o Form
N-CSR
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For
Period Ended: March 31,
2008
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[ ] Transition
Report on Form 10-K
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[ ] Transition
Report on Form 20-F
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[ ] Transition
Report on Form 11-K
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[ ] Transition
Report on Form 10-Q
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[ ] Transition
Report on Form N-SAR
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For the
Transition Period Ended: _________________________
Nothing
in this form shall be construed to imply that the Commission has verified any
information contained herein.
If the
notification relates to a portion of the filing checked above, identify the
Item(s) to which the notification relates: N/A
PART
I -- REGISTRANT INFORMATION
Beazer
Homes USA, Inc.
Full Name
of Registrant
N/A
Former
Name if Applicable
1000
Abernathy Road, Suite 1200
Address
of Principal Executive Office (Street and
Number)
Atlanta,
Georgia 30328
City,
State and Zip Code
PART
II -- RULES 12b-25(b) AND (c)
If the
subject report could not be filed without unreasonable effort or expense and the
registrant seeks relief pursuant to Rule 12b-25(b), the following should be
completed. (Check box if appropriate)
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x
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(a)
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The
reasons described in reasonable detail in Part III of this form could not
be eliminated without unreasonable effort or expense;
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(b)
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The
subject annual report, semi-annual report, transition report on Form 10-K,
Form 20-F, Form 11-K, Form N-SAR or Form N-CSR, or portion thereof, will
be filed on or before the fifteenth calendar day following the prescribed
due date; or the subject quarterly report or transition report on Form
10-Q or subject distribution report on Form 10-D, or portion thereof, will
be filed on or before the fifth calendar day following the prescribed due
date; and
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(c)
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The
accountant's statement or other exhibit required by Rule 12b-25(c) has
been attached if applicable.
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PART
III -- NARRATIVE
State
below in reasonable detail the reasons why Forms 10-K, 20-F, 11-K, 10-Q, 10-D,
N-SAR, N-CSR, or the transition report or portion thereof, could not be filed
within the prescribed time period.
As
previously disclosed in the Company’s Current Report on Form 8-K dated October
5, 2007 and filed with the SEC on October 11, 2007, the Audit Committee of
Beazer Homes USA, Inc. (the “Company”) determined that it will be necessary for
the Company to restate certain of its previously issued financial statements,
including those relating to fiscal years 2005 and 2006 and
the interim periods of fiscal 2006 and fiscal 2007. As a result, the
Company is delaying the filing of its Quarterly Report on Form 10-Q for the
fiscal quarter ended March 31, 2008 until it has completed the restatement
process. The Company today filed its Annual Report on Form 10-K for
the fiscal year ended September 30, 2007, its Quarterly Reports on Form 10-Q/A
for the quarters ended December 31, 2006 and March 31, 2007 and its Quarterly
Report on Form 10-Q for the quarter ended June 30, 2007. The Company has not yet
filed its Quarterly Report on Form 10-Q for the quarter ended December 31,
2007. The Company anticipates filing the Quarterly Reports on Form
10-Q for the quarters ended December 31, 2007 and March 31, 2008 on or before
May 15, 2008.
PART
IV -- OTHER INFORMATION
1. Name
and telephone number of person to contact in regard to this
notification
Allan P.
Merrill (770) 829-3700
(Name)
(Area Code) (Telephone Number)
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2.
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Have
all other periodic reports required under
Section 13 or 15(d) of the
Securities Exchange Act of 1934 or Section 30 of the Investment Company
Act of 1940 during the preceding 12 months or for such shorter period that
the registrant was required to file such report(s) been filed? If answer
is no, identify report(s). o
Yes x
No
Quarterly
Report on Form 10-Q for the quarter ended December 31,
2007
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3.
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Is
it anticipated that any significant change in results of operations from
the corresponding period for the last fiscal year will be reflected by the
earnings statements to be included in the subject report or portion
thereof?
x Yes o
No
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| If so, attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a reasonable estimate of the results cannot be made. | |
| Due to continuing weakness in the sale of new homes, characterized by slower sales absorption rates and increased price discounting, the Company’s operating results will be substantially lower than the comparable period of fiscal 2007. In particular, the Company expects to report inventory and joint venture impairments and lot option abandonment charges for the quarter ended March 31, 2008 which exceed the $108.3 million of such charges for the quarter ended March 31, 2007. |
Beazer Homes USA,
Inc.
(Name of
Registrant as Specified in Charter)
has
caused this notification to be signed on its behalf by the undersigned hereunto
duly authorized.
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Date
May 12, 2008
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By: | /s/ Allan P. Merrill | |
| Name: Allan P. Merrill | |||
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Title:
Executive Vice President and Chief Financial
Officer
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