Thinking big Under two roofs Hill site
Transcription
Thinking big Under two roofs Hill site
Covering the Industry’s News Texas Style P.O. Box 791290 San Antonio, Texas 78279-1290 PRSRT. STD. U.S. POSTAGE PAID DALLAS, TX PERMIT #1451 Change Service Requested San Antonio Dallas/Fort Worth Austin Houston South Texas Dallas/Fort Worth CONSTRUCTION ™ Happy Birthday America The Industry’s Newspaper July 4 , 2015 www.constructionnews.net H (210) 308-5800 H Volume 13 H Number 7 H JULY 2015 Under two roofs Hill site L-R: Roofing’s a family affair for Grant, Kimberly and Andrew May. Bobcat’s new Cedar Hill location opens in July. W ith only a C-note in her account and the help of her sons, Kimberly May has built and brought WnR, a WBE roofing contractorrelated business servicing specialty niches within the roofing industry, to its 10-year mark. She remembers the founding of WnR in 2005 as a leap of faith. “I was working for my dad’s roofing company and just decided to go out on my own,” she says. “I had kids in college and $100 in my bank account. I didn’t have any money to start with, but I had contracts waiting on me.” She also had two people in her corner: Her sons, Grant May and Andrew May. “Grant started working with me from the very first brainstorming meeting and then Andrew started a couple of years later, handling my accounting, while he was 20 and still in college,” Kimberly says. “We did this for several years while both honed their respective skill sets.” In 2010, both sons were offered positions with Roofmart International (RMI), a roofing material manufacturer. Today, Grant is a vice president in charge of national field, training, technical and product development. Andrew is CFO and oversees RMI manufacturing process and facilities. While Kimberly continues to grow WnR, she has become a trusted advisor to RMI and other contractors with C ome July, you’ll be able to see much more than just fireworks from Highway 67. Berry Companies is opening its eighth Texas Bobcat location on 616 Jealouse Way in Cedar Hill. Construction equipment sales, parts, rental and service will be offered at the 12,500-sf full-service Bobcat dealership, which is the company’s fourth location in North Texas. “Almost four years ago, we moved our dealership from Irving to Lewisville, and we are planning to move our Fort Worth store up to the north side of Fort Worth,” Cole Young, president of Bobcat of Dallas, Fort Worth and Longview, explains. “Because of that, we needed to have a dealership on the south side of the continued on Page 18 Metroplex to better serve those customers. That was the motivation behind the Cedar Hill location.” The renovated dealership will offer the same services and products as its other locations, but in a sleek, tailormade setting. “We’ve totally remodeled it,” Young says of the building that houses the dealership. “We demo’d what was in there and put a storefront on the south side of the building, a new showroom, offices, a shop on the north side of the building and turned it into a full-service dealership.” The Cedar Hill location will begin with employing between eight to nine continued on Page 18 Thinking big D esigning and building the country’s largest freestanding Volkswagen dealership requires thinking on a large scale. Fortunately, Corbet Design + Build knows all about making big plans. The scope of Hendrick Volkswagen Frisco, located at 5010 SH 121, was extensive. The plans called for a two-story, 61,481-sf dealership to sit on a 14-acre site with 981 parking spaces. It also included a 26,118-sf service area with 31 service bays and a 29,418-sf customer/office area. To complete the project in 14 months, Corbet Design + Build CEO Bryan Garvey, project managers Clem Myers and Richard McCord, and project superintendent Curtis Gahagan kept consideration of the clients’ requirements a top priority. “Throughout the design and construction process, we kept coming back to “What best represents Volkswagen?” and “How do we build a dealership that encapsulates Volkswagen’s brand and values?” Volkswagen is known for design, efficiency and sustainability, so those were always at the forefront of our minds during the process,” Garvey explains. The team had to keep the City of Frisco’s permit and aesthetic requirements at the forefront, as well. “There were a few main challenges to this project,” says Garvey. “Primarily, it was on two sites with two separate entitlement packages, which required two different permits with two separate [special use permit] approvals. This also required two separate project schedules. Ultimately, it was permitted under SUP. “Another challenge was the fusion of criteria and concept. The development district has specific design criteria, which The largest Volkswagen dealership in the U.S. required big planning. continued on Page 18 Page 2 Dallas/Fort Worth Construction News • Jul 2015 Submitted to Construction News Officer of this dealer’s ship Having served as an executive vice president of RDO Equipment Co. since 2012, Chris Cooper was recently named COO of the company. Based at RDO’s Field Support Office in Fargo, ND, he will be responsible for daily operations across all regions and teams. He joined RDO in 2004 as general manager of the Irving, Fort Worth and Waco locations, becoming vice president of the Texas region in 2007 and vice president of southern construction in 2010. –mh Down south Corpus Christi architect Elizabeth Chu Richter, FAIA, presents Andrew Freear with the 2015 Whitney M. Young Jr. Award. (Image courtesy of carlbower.com) T he American Institute of Architects (AIA) Convention 2015 brought thousands of architects and design professionals to Atlanta – breaking a few records. Thursday’s keynote, with speaker President Bill Clinton, had the most attendees in AIA Convention history. So did The Party! at the College Football Hall of Fame. President Clinton kicked off AIA Convention 2015, telling a standing-room audience to tackle pressing global issues and “low-hanging fruit.” Jennifer Workman, AIA, from AIA Dallas/AIA Texas Society of Architects, was elected an atlarge director. She is an associate at Good Fulton & Farrell, a multidisciplinary design firm in Dallas. –mjm Jennifer Workman Dallas/Fort Worth Construction News • Jul 2015 Page 3 Submitted to Construction News Beachin’ it Beginning business T he Plumbing Heating Cooling Contractors Texas Chapter (PHCC) annual conference took place at the Moody Gardens Hotel Spa and Convention Center in Galveston Jul 11-12. Despite all the rain in the area, air conditioning and heating contractors from around the state gathered at the opening reception. The next day, 22 vendors showcased their products at a tradeshow. –ab Nancy Jones was honored at the event for all her hard work at PHCC Texas. On June 20, The Regional Hispanic Contractors Association (RHCA) held six workshops at six North Texas Lowe’s stores to teach 55 future entrepreneurs how to start their own construction companies. In the fall, RHCA will host another series of these workshops in Fort Worth. –mjm Rick Shelton, Shelton Plumbing (right) and friends Building better hearts T he construction industry raised a glass to heart health at Fort Worth Rahr and Sons Brewing Company May 19. Representatives from Thos. S. Byrne, AUI, Bennett Benner Partners, Beck Group, BOKA Powell, Fort Construction, Hahnfeld Hoffer Stanford, Huckabee & Associates, Multatech, Quorum, RPGA Architects Thos. S. Byrne’s John Avila, MEP Consulting’s Frances Notinger, and VLK Architects BNSF’s John Barnard and Multatech’s Jack Otteson formed the executive leadership team that hosted the “Building with Heart” event. can Heart Association’s annual Heart General contractors, engineers, develop- Walk in September and to hear a panel of ers, and other entities for which they speakers made up of leaders within the build attended to learn about the Ameri- building and construction industry. –mjm L-R: Rhonda Dowdy and Sam Dowdy, S & D Commercial Services (center) Milton Frank, Milton Frank Plumbing Co. Inc. PARTNERS IN CONSTRUCTION. BONDED BY TRUST. Building surety relationships for 30 years L-R: Ray Jones, Raven Mechanical LP and Carter Ramzel, Benchmark Plumbing Weldon Contractors’ Robert Shaw, AUI Contractors’ Doug Alumbaugh and Rinker Materials’ Justin Fraley Fort Construction’s Jayson Rodriguez Dallas Fort Worth CONSTRUCTION NEWS Melissa Jones-Meyer . . . . . Dallas/Fort Worth Editor [email protected] 817-731-4823 Publisher . . . . . . . . . . . . . . . . . Buddy Doebbler Editorial/Production . . . . . . Reesa Doebbler Managing Editor . . . . . . . . . . . . . . . Cyndi Wright Production Mgr . . . . . . . . . . . . . . Sue Johnson Sales Representative . . . . . . . . Kent Gerstner Construction News Ltd. Home Office P.O. Box 791290 • San Antonio, Tx 78279 210-308-5800 Fax 210-308-5960 www.ConstructionNews.net If you are a construction-related company in Dallas, Tarrant, Collin or Denton counties and are not receiving a free copy of the Dallas/Fort Worth Construction News, call for a Requester Form, or visit our website. ©2015 Construction News, Ltd. The Dallas Fort Worth Construction News (ISSN 1547-7657) is published monthly by Construction News Ltd., dba Dallas/Fort Worth Construction News, and distributed by mail to construction related companies in the Dallas/ Fort Worth metropolitan area. All submissions should be mailed to our editorial offices. We reserve the right to edit any materials submitted. No fees for materials, copy or photographs submitted will be due unless agreed upon in advance in writing. Submissions will be published at our discretion on a space-available basis. Construction News, Ltd., dba Dallas Fort Worth Construction News, will not be liable for errors in copy or in advertisements beyond the actual cost of space occupied by the error. Publisher reserves the right to reject any advertisement at any time. (972) 459-4749 www.pclbonds.com Page 4 Dallas/Fort Worth Construction News • Jul 2015 What was it like to work for Dad? Probably like it would be for any teenage boy – we butted heads! But now that I have a son of my own, I understand what was going on. Actually when I came to work with him as an adult, I loved it; I had a great time. The experience that he had and the things that he was able to show me were invaluable. Glen Pierce President Glenco Roofing, Fort Worth B aseball was his life; roofing was his dad’s. When Glenco Roofing president Glen Pierce decided to leave the family business and barrel up, it would be nearly two decades before he would decide to round the bases and slide into home for good. Glen, although the company has your name in it, it was actually started by your father. Tell me how your dad founded Glenco Roofing. My dad actually got his start after World War II with Owens Corning’s fiberglass plant in the St. Louis area. At some point, they had a roof installation segment in their business, and he worked with that, and then struck out on his own sometime in the ‘50s or ‘60s. He had that roofing contracting business, and by the late ‘60s or early 70s was working in insurance and restoration work and was traveling around the Southern Illinois/St. Louis area. The economic climate in Southern Illinois was not very good; it was primarily driven by the coal mining industry and the coal mines were being shut down, so we relocated to Irving in 1972. His business was called “Right Way Roofing,” and at that time, there was another business with the same name. So he decided to name it after me assuming I would come into the business with him at some point! He obviously was correct in his assumption! Well, it took about 20 years for it to come around. Since I had to [work for his roofing company] as a kid and that was my high school job, the last thing I wanted to do when I grew up was be a roofer and work for Dad. What did you learn? The most important thing that he taught me was that if you tell somebody that you are going to do something, you do it, always honor your word and do things the right way and you’ll have plenty of business. You mentioned that it took 20 years for you to come into the business, which meant you left it at some point. Why did you leave? I went to TCU from 1978 to 1982, and during my first two years of college, I worked for Glenco during the summer, and after that I played baseball over the summer. By 1980, I was no longer in the roofing business; I was doing my own thing. What plans were you making? I was an education major, dual subjects of business and kinesiology. I wanted to be a pro baseball player – I pitched at TCU – and if that didn’t work out, I wanted to coach. But also, with the family business, I figured business would also be good to have a background in, and with the education [major], I could also teach it. So I graduated in 1982 and went to graduate school at the University of Colorado in Boulder, and got my Masters degree in kinesiology. My first job out of grad school was as a teacher in New York City. My wife Zoe had moved to New York the year before we were married – she was a dancer – so when we married, I took a job at a private school in Manhattan and taught middle school science and health, high school health and physical ed. The first year, I coached the girls’ softball and basketball teams and the second year, I coached the boys’ baseball team. I really did enjoy it. It was a little different experience for me; growing up as a player we always had really nice facilities, first at Irving MacArthur and then at TCU. When I went to New York, we actually had to stake out a field in the middle of Central Park, and set up our bases and carry our pitching rubber and Bubba hubbub Glen Pierce played the game for himself before taking over the family business. home plate with us. It was a unique experience for me. How did you return to Texas? At the end of my second year in New York, the newly-named TCU baseball coach, Lance Brown, had been my high school coach at Irving MacArthur. He called me that spring and asked if I would be interested in moving back to Fort Worth and being one of his assistants. I said, “Thank you!” New York was nice for two years, but I was ready to get out. In 1988, we came back to Fort Worth and it was nice to come home. My wife started grad school at TCU and my first year was as a volunteer assistant at TCU and as a substitute teacher at Paschal High School. For the 1990-91 season, I was named the head assistant. I heard you coached Nolan Ryan’s kids during that time. That was the last two or three years; his oldest son, Reid, pitched for us. We actually had four or five players whose dads were professional baseball players while I was there. All the while, was your Dad trying to persuade you to return to the business? I was at TCU as a coach from ’90 to ’94, and I started realizing that if I wanted to really make a living in that business, I was probably going to have to become a head coach and move. At the same time, Dad had been talking about retiring and selling the business. I basically decided that I didn’t want to leave Fort Worth again. I had been to Colorado, Illinois and New York and I really enjoyed Fort Worth. My wife had just started her own business in 1991 and we decided we wanted to stay here. I resigned at the end of the ’94 season and came into the company fulltime in August of 1994. Finally, the company had its namesake back! Was that a hard decision for you to make? Yes, because I really did enjoy baseball. It was something that I had basically done every day of my life since I was five years old. For 30 years, seven days a week, I had been a baseball guy. It was a transition, and was kind of hard in the beginning. I had been able to stay [current on the industry’s advancements] because I always worked for my dad when TCU baseball camps were over in June. I would run materials, I would oversee jobs, work in the office – whatever they needed. B ob Moore Construction‘s team, “The Bob Moore Bubbas,” won the Chris Kyle Trophy for the third annual “Redneck Triathlon.” Twenty-four teams, each with a combat veteran, took on 12 shooting, fishing or golf challenges. Bob Moore Construction’s Ed McGuire and Kyle Whitesell, Osburn Contractors’ Victor Marshall, and Contractors’ Iron & Steel I LLC’s John McManus teamed up with Marine veteran Chris Gough from Trophy Club. The Jun. 6 event, held in Aledo, was sponsored by the Boot Campaign, a nonprofit that promotes patriotism and military issues and helps the military and their families. –mjm What was it like to run the company as opposed to just working there? Were there any surprises? It was interesting for me because I officially took over the company in January of ’95, my dad retired that March and on May 5, we had what at that time was the largest hailstorm in the history of the world; everybody refers to it as “The Mayfest Hail Storm!” It went from kind of a slow time of year –which is typical in the roofing industry anyway – to all of a sudden having more business than we could look at; we were scheduling inspections for two to three weeks later. It was learning under fire.Still, it was a lot of fun. And, like a prizefighter, my dad came out of retirement when the hailstorm hit; I always compared him to George Foreman, who would come out for one last prizefight! He intended to retire and that retirement lasted not quite two months. He worked for another year and retired again. Then, we had another large hailstorm in ’96 or ’97 and he came out of retirement once more! He finally retired for good in 2000. Do you think you’ll retire doing this, or do you think you’ll do something different? I intend to do this until I retire. That’s my intention, which probably will be in the next ten years or so. I really have no [post-retirement] plans. I have thought that at some point if I retire I might want to substitute at the middle school or high school level a few days a week just because I enjoy being around that age group. I coached Little League for nine or ten years so I still enjoy doing that. It keeps you young being around young people. I still enjoy watching baseball, particularly college baseball. I also spend a lot of time at the lake; we have a cabin on Lake Worth and we spend many of our weekends out there. I spend a lot of time in the yard, and do little remodeling projects at the cabin. My 16-year-old son Eliot and I like to jet ski. Ideally, what I would like to do is to retire and spend my twilight years at the lake. And Zoe has an exercise studio in Fort Worth called Z-Moves; it was one of the first Pilates studios in the Dallas/Fort Worth area. Does she keep you fit? No, but she would love to! There are constant reminders that I need to make some changes – which I resist – but my resistance is growing less and less as I grow older! Are you pleased with how everything turned out for you, with you taking over your dad’s business? I really am. My dad passed about two years after his final retirement. I wish he had been able to be around and see his grandson grow up and see what is going on here with the business. But for the most part, I’m really happy with the way things have turned out. Do you think Eliot will go into the business with you? At this point, he is like I was [at his age]; he wants something completely different. He tends to lean more towards the entertainment and artistic side so I think that he’ll at least give that a try for a while before he moves on to something else. That might be for the best; if he did join you, you might have to change the company name! How would that work? “Gleniot?” “Elienco?” I think it will probably stay the same! It’s nice to have that name association. I don’t think it would be a wise choice for us to make the switch. Glenco Roofing is a Fort Worth-based roofing contractor. –mjm Dallas/Fort Worth Construction News • Jul 2015 Page 5 A trade tradition T here were many chairs and many cheers at the Construction Education Foundation’s (CEF) graduation and awards ceremony on Jun. 15. Nearly 1,000 guests – one of the largest groups to ever attend the annual event – filled the ballroom at Irving’s Westin Hotel to clap for the 134 graduates who completed at least one of the foundation’s nine trade programs. To date, the program has trained nearly 63,000 people in various trades, and graduates qualified and technically trained individuals for work in the construction industry. –mjm Plumbing Accelerated Welding Supervisory training (STP) PHCC Sheet metal HVAC Electrical Submitted to Construction News (Net)work force Pipefitting Plumbing L-R: Gadberry Construction’s Tonya Watson, Lane Gorman Trubitt PLLC’s Donna Nuernberg, Hill & Wilkinson’s Kristen Marcis, Hicks Resource Consulting’s Ann Hicks, North Texas Ductworks’ Carmen Smith and Wealth Concepts Financial’s Claudia Ronzani (net)worked it at the Women Construction Owners & Executives (WCOE)’s first speed networking event held May 28 at Dallas’ Coal Vines Prestonwood. –mjm Page 6 Dallas/Fort Worth Construction News • Jul 2015 Are your construction contracts choking project cash flow? Michael Kuchar, CPA Doeren Mayhew Houston, TX W hen you think about what’s tying up your available dollars, a variety of culprits may come to mind. Perhaps you’re servicing a substantial amount of debt, waiting for past-due customer payments or dealing with elevated material costs. But one perpetrator of cash-flow crises that often goes overlooked is the piece of paper you sign in advance of every job — the contract. Construction contracts, or rather the language therein, can start choking your project cash flow before work even begins. So let’s look at some points to consider before signing on the next dotted line. Front-load, where possible Payment terms can also impact cash flow. A contract that calls for payment on completion of specified phases can create uncertainty, making project cashflow forecasting difficult. If a contract requires payment in equal installments over the course of a project, it provides predictability, but may not correspond to your expenditures on the job. Construction projects often involve significant upfront costs. If possible, negotiate a front-loaded billing schedule reflecting your greater cash needs in a project’s early stages. Also look at language regarding requisitions. It’s not unusual for a construction contract to disallow requisitions for materials until the materials have been installed. To avoid cash-flow disasters, try to negotiate requisition terms allowing you to request payment once materials have been delivered to the job site. Consider the method of payment, too. You might ask for accelerated methods, such as wire transfers or electronic checks. Review retainage A 5 percent or 10 percent retainage can easily defer your entire gross profit on a job until after construction is completed. To reduce the impact on your project cash flow, try to negotiate a lower percentage or ask for retainage to be phased out over the course of the project. For example, the construction contract might provide for 10 percent retainage, reduced to 5 percent when the job is 50 percent complete and eliminated when it’s 75 percent complete. Other options include limiting retainage to certain job costs, such as the labor component, or eliminating it altogether through the use of letters of credit, performance bonds or other security. Clarify your construction change orders As you know, construction change orders are inevitable in most construction jobs. It’s critical to establish clear terms and procedures for approving and paying them. If your contracts don’t have such terms, your payments may be delayed for additional work. Or, even worse, you might lose out on those payments altogether. Establish clear procedures for your personnel to identify changes in the scope of work and to promptly prepare and document change orders in accordance with contract terms. Moreover, before things get to the point of a construction change order, monitor work-in-process reports closely to ensure you can generate the proper paperwork should a change come up. Match outlays Remember cash flows in two directions, and outflow is as important as inflow. Scrutinize your contract terms with vendors, suppliers and subcontractors. You may be able to avoid cash-flow problems by negotiating payment terms that, to the extent possible, match your cash outlays with your receipts from the owner or general contractor. For example, include in your subcontracts retainage provisions that have terms similar to those in your contract with the owner. If you’re a subcontractor and your contract with the general contractor contains a “pay-whenpaid” or “pay-if-paid” clause, your contracts with subcontractors should contain parallel provisions. That way, you won’t be forced to pay subs until you collect from the general. Get to work Once a construction contract is signed and you get to work, there usually isn’t much you can do about the language or terms of the agreement. At that point, it’s critical to regularly prepare project cash-flow forecasts based on your workin-progress reports and make necessary adjustments during the course of the job. Michael Kuchar, CPA, is a shareholder and leader of Doeren Mayhew’s dedicated Construction Group in Houston. A top 100 U.S. firm, Doeren Mayhew’s CPAs and business advisors serve more than 500 suppliers and general and specialty contractors doing business domestically and abroad. For more information, visit www.doeren.com. Workers compensation EMR changes Mark Gaskamp, CSP, CRM, CIC, CPCU, ALCM Wortham LLC Austin, TX E ffective July 1, 2015, the world will change, at least in regards to workers compensation experience modifiers in the State of Texas. Last year, Texas began a transition to the National Council on Compensation Insurance (NCCI) for work comp rates and policy forms. The immediate impact is that rates will change for most classifications, some by as much as 15%. This could have a positive or negative impact on your premium and experience modifier calculation. The other impact related to the experience modification rate (EMR). The workers compensation experience modifier (AKA EMR or eMod) is an insurance rating component designed to integrate the individual risk characteristics of each organization based on prior claim experience into the workers comp premium calculations. NCCI compiles claim data from insurance carriers by classification, providing a database for comparison and the ability to produce the EMR for each individual policyholder. There are several changes that will occur as part of the transition. Two will have significant impact for most every policyholder. First, there are major changes in how medical only claims are utilized in the calculation. NCCI’s experience rating rules allow for an experience rating adjustment of 70% for medical-only claims. This means that only 30% of a medical-only claim is used in the experience rating calculation. This change will make it less advantageous to pay claims out of pocket rather than report them to the insurance company. For example: If you have a $1,000 medical only bill for a cut or eye injury, only $300 would apply to the EMR. This will create an extra emphasis on reducing lost time claims. Once one penny is paid in indemnity payments, 100% of the claim will be included in the EMR calculation. Second, “spilt points” are changing. The “split point,” which is used to determine the “primary expected losses,” will increase from $5,000 to $15,500. For those that are not aware, there are actually two calculations used to produce the EMR. One utilizes total expected losses (capped at the maximum, which will be increasing to $230,500 per claim). This calculation uses the actual losses relative to the expected losses multiplied by a normalizing factor based on the size of the operation. The smaller the organization, the more normalizing. This helps reduce the impact of one claim on a smaller organization’s EMR. The second calculation includes the actual “primary losses,” those that fall below the “split point” relative to the expected primary losses also capped at the “split point.” Note that there is no normalizing, this is dollar for a dollar ratio without taking into account the size of the organization. So, with the split point increasing from $5,000 to $15,500, if an organization has a higher than average number of claims above $5,000, their EMR will be adversely impacted. This could be a dramatic change. In all other states, NCCI phased this increase in over three years. Texas is doing it all at once. So over the next couple of years, you can expect some volatility in your EMR. It will be very important to work closely with insurance company underwriters to help ensure the overall rates and premiums are not adversely impacted by dramatic changes in the EMR. You may also want to revisit the current claim reporting process and determine if paying medical only claims remains a cost effective way to control the overall costs. Lastly, this affirms why the EMR is not an effective safety benchmark. Just because an EMR moves over 1.0 due to the new rating methodology does not make an employer “unsafe.” There are a multitude of reasons for a high experience modifier not related to a safe work place. Mark Gaskamp is a managing director for Wortham Insurance & Risk Management in Austin. He is a part of the Wortham Construction Industry Practice Group where his responsibilities include partnering with clients to manage safety and risk management exposures to reduce their cost of risk. He is actively involved in the ABC and AGC safety committees, and is a national faculty member of The National Alliance’s Certified Risk Manager’s (CRM) program. For more information, contact Mark at (512) 532-1536 or mark.gaskamp@ worthaminsurance.com or visit www. worthaminsurance.com Submitted to Construction News First, of course! L-R: Golf suits Willis of Texas’ Steve Foster and The Hartford’s Sean McCauley to a tee! The pair placed first at the Construction Financial Management Association (CFMA)’s Dallas/Fort Worth chapter’s annual golf tournament, held Jun. 8 at Southlake’s Timarron Country Club. –mjm Dallas/Fort Worth Construction News • Jul 2015 Page 7 Tree care safety No damages for delay clauses: Do they mean what they say? Joann Natarajan Compliance Assistance Specialist OSHA Austin, TX West W. Winter, Partner McNelis + Winter, PLLC San Antonio, TX A re contract clauses enforceable in Texas to limit or negate the very substantial damages that may be incurred due to project delays which occur through no fault of your own? In Zachry Construction Corp. v. Port of Houston Authority of Harris County, a significant construction law opinion which also discusses certain lien release and waiver of sovereign immunity issues, the Texas Supreme Court recently addressed the enforceability of nodamages-for-delay provisions. Zachry sued the Port of Houston Authority in 2006 claiming damages from delays allegedly caused by the Port when it switched course and ordered Zachry to complete the project “in the wet” and without the benefit of a previously utilized cutoff wall. The Port asserted that the no-damages-for-delay provision in the contract precluded Zachry’s delay damages. Pursuant to the contractual provision, the Port was not liable to Zachry “…for any damages arising out of or associated with any delay…to the Work, regardless of the source of the delay…and even if such delay…results from, arises out of or is due, in whole or in part, to the negligence, breach of contract or other fault of the Port Authority.” Zachry countered that this provision could not be enforced if the Port’s intentional misconduct caused the delay. After a three-month trial, the jury found, among other things, that the Port caused Zachry to incur more than $18 million in delay damages due to the Port’s “arbitrary and capricious conduct, active interference, bad faith, and/or fraud.” However, the court of appeals subsequently held that the no-damagesfor-delay provision barred Zachry’s recovery of delay damages. It then reversed the trial court’s judgment in favor of Zachry, and rendered judgment for the Port, awarding it $10 million in attorney’s fees. On appeal, the Texas Supreme Court recognized the general rule that a contractor may agree to assume the risk of construction delays and not seek damages. But, the Court also detailed four previously recognized exceptions to the enforcement of such agreements when the delay: (1) was not intended or contemplated by the parties to be within the purview of the provision; (2) resulted from fraud, misrepresentation, or other bad faith on the part of one seeking the benefit of the provision; (3) has extended for such an unreasonable length of time that the party delayed would have been justified in abandoning the contract; or (4) is not within the specifically enumerated delays to which the clause applies. The Court further recognized a fifth exception “based upon active interference” with the contractor or other wrongful conduct including “arbitrary and capricious acts,” “without due consideration” and in disregard of the other parties’ rights. Zachry argued that the no-damages-for-delay provision was invalid and based upon the jury’s findings, relied upon these second and fifth exceptions. The Texas Supreme Court agreed with Zachry and held, among other things, that the no-damages-for-delay provision was unenforceable and that the award of attorney fees to the Port should be reversed. As part of its rationale, the Court reasoned that while contractors can assess potential delaying events when estimating and bidding, they cannot properly assess potential delays that may arise due to an owner’s direct interference, willful acts, negligence, bad faith fraudulent acts, and/or omissions. Another stated purpose behind these exceptions is to preclude a party from insulating itself from liability for its own deliberate and wrongful conduct. As exemplified by the Zachry holding, no-damages-for-delay clauses can be enforced, but there are numerous viable exceptions. Such clauses certainly cannot be used to insulate oneself from liability for deliberate and wrongful conduct or allow one party to intentionally injure another. Contractors who have suffered delay damages should closely scrutinize the specific facts and circumstances involved as early as possible so they may be fully informed about the impact of any applicable nodamages-for-delay clauses and whether any of these recognized exceptions may apply. West W. Winter is a partner at McNelis + Winter, PLLC. A LEED Green Associate, West serves on the board of the Construction Law Section of the San Antonio Bar Association and has been listed as one of the Best Lawyers in San Antonio for Construction Litigation. West can be reached via email: west@mcneliswinter. com. Construction News ON LOCATION B efore beginning any tree care operation, employers need to: • Assess the work site for fall and falling object hazards. Assess the sloped ground where ladders or equipment will be used to prevent falls from equipment overturns and ladder slippage; nearby overhead objects or structures; and weather-related hazards. • Have a qualified arborist survey the worksite and identify the types of trees involved and possible hazards related to tree structure. The qualified arborist would identify fall hazards and falling object hazards due to tree condition. The American National Standard Institute’s (ANSI) Z133 consensus standard on tree care work defines “qualified arborist.” • Determine if rigging is necessary and, if so, that workers can use it safely. This determination helps prevent sections of the tree from falling while performing tree care work. • Determine if workers will need to climb or use aerial lifts. In making this determination, ensure that: Ladders are: - Well maintained and not defective, such as having missing or broken parts; - Kept at least 10 feet away from power lines and other electric equipment. For lines and equipment over 50 kV, the distance should be 10 feet plus 4 inches for every 10 kV over 50 kV. - Inspected before each use, and remove damaged or defective ladders; - Secured to avoid slippage; and - Used according to the manufacturer’s instructions. Aerial lifts are: - Maintained and properly set up for use; - Used according to the manufacturer’s instructions; - Not used as cranes to lift or hoist tree parts or material unless designed for that purpose; - Only used with fall protection equipment including tie-off; and - Kept at least 10 feet away from power lines and other electric equipment. For lines and equipment over 50 kV, the distance should be 10 feet plus 4 inches for every 10 kV over 50 kV. Workers who climb trees are trained on: -Climbing techniques; - Using climbing spurs with gaffs that are compatible with the tree they will climb; - Using a second means of fall protection such as a work-positioning lanyard or a second climbing line, in addition to using an arborist climbing line; - Lifting and lowering hand tools and equipment; and - Carrying only hand tools and equipment that are necessary for climbing. Identify and provide without cost properly fitting personal protective equipment to protect workers from falls and overhead falling object hazards, and ensure that the workers use the equipment and are trained in its proper use. [email protected] 512-374-0271 x232 BEST Construction Tool? ADVERTISING in Construction News 210-308-5800 www.ConstructionNews.net Submitted to Construction News Having a ball A dry wall, finally! Alfredo Morales, owner of Morales Framing in Fort Worth, is back at work framing, painting and drywalling after record rainfall in the Metroplex. –mjm BakerTriangle (pictured) scored a walk-off victory against Adolfson & Peterson in the TEXO Softball Tournament Championship. Held Jun. 6 at the Hurst Athletic Complex, the game ended 15-14. –mjm Page 8 Dallas/Fort Worth Construction News • Jul 2015 Dallas/Fort Worth Construction News • Jul 2015 Page 9 A lasting experience by Capt. Steve Schultz Sponsored by: Premier Yamaha Boating Center, Majek Boats, E-Z Bel Construction, Power Pole Shallow Water Anchor, Aggregate Haulers, ForEverlast Hunting and Fishing Products and Columbia Sportswear. Tony Rios and son, Trent Rios of San Antonio, recently caught these sow trout that will both be mounted. Tony’s trout went 8 lbs. and was 30 in. while Trent’s fish was 26 in., 6 lbs. Both trout were released after photos by Capt. Steve Schultz. L ast month I had an opportunity to be part of something special. One of my sponsors approached me to see if I would be interested in being a part of a TV show that helps fatherless kids in the outdoors. The organization is called Majesty Outdoors. They focus on taking fatherless teenagers on their maiden outdoor adventure. Whether it be in the field or on the water, the show focuses more on educating the teen in the outdoors more than harvesting a large trophy animal or fish for the TV show. In addition, every teen who appears on Majesty Outdoors television is eligible to receive financial support to further their education beyond high school. On this outing the sponsored teen, Stephen, was from the San Antonio area and he was joined by another gentleman Blodgett. On the first of two days Stephen set the pace fishing with Guide Preston Whitely by landing a 30-in. speckled trout. Both Stephen and Marty shared the camera time by catching speckled trout throughout the day. On day two, both anglers joined myself and Bill Blodgett for another day of trout and red fishing. The day started out fast and furious with both Stephen and Marty catching their limit of trout in less than an hour and continuing to catch keeper trout while looking for a trophy. Before long the trout bite turned off and we were in search of redfish. We transitioned over to the flats where we got out of the boat and commenced to wade a sandy flat for reds. Although red fishing was slow for the day, both gentlemen did manage to hook up on slot size reds and experience the pull of a true South Texas saltwater fish. What a great experience having these two young men on my boat for the day, along with two of the finest men in the industry, Bill Blodgett of Majesty Outdoors and Billy Gerke of ForEverlast Outdoor Products. If you are interested in helping out in any way, you can visit Majesty Outdoors website at majestyoutdoors.org. Also look up ForEverlast products at foreverlastonline.com for some of the finest hunting and fishing products in the industry. To schedule your next bay fishing trip give Capt. Steve Schultz a call at 361813-3716 or 361-334-3105 or e-mail him at SteveSchultzOutdoors @ gmail.com. Good luck and Good Fishing. STEVE SCHULTZ OUTDOORS, LLC BAFFIN BAY –– LAGUNA MADRE –– LAND CUT SPECKLED TROUT –– REDFISH –– FLOUNDER FISHING AND HUNTING TRIPS (361) 813-3716 (361) 334-3105 www.baffinbaycharters.com [email protected] U.S. Coast Guard & Texas Parks and Wildlife Licensed www.constructionnews.net Page 10 Dallas/Fort Worth Construction News • Jul 2015 Ken Milam’s Fishing Line Since 1981, Ken Milam has been guiding fishing trips for striped bass on Lake Buchanan in the Texas Hill Country,. You can hear Ken on radio on Saturday and Sunday mornings, 6-8 AM on AM 1300, The Zone – Austin, or http://www.am1300thezone.com Oh Deer! deer endure these seasonal stresses better by being sure they still have adequate sources of water and plenty to eat you will see better antler grown as they finish up and more fawns surviving. Think about it. Nature is concerned with keeping the animal alive first. Horns and babies are just the icing on the cake. If you make sure the basic needs of the animal are fully met, then you get big horns and lots of fawns. W hat a year for deer! For the first time in years we do not have to worry about our whitetail deer making it through a hot, dry summer! This year plenty of rain and milder temperatures have turned Texas into a paradise for our wildlife. It seems like we have had a good fawn crop because the does have had plenty of food and water while they carried fawns. But just as important, they still have plenty while they are nursing and tending their young. In past years we have seen so many deer lost to the highways as they searched for water and fawns lost to predators while the does went out to find scarce food in the pastures. Not this year! This is the time of the year to do some planning and preparation for your hunting grounds. If you need to move feeders and blinds around, this is the time to do it. That way you have several weeks for the deer to get used to any changes you make in the pasture. Watch out for snakes and wasps and take care not to get too hot. It can be hot sweaty work this time of year, but you will be glad you got it done when you are sitting in that blind in November and that big buck steps out! Builders Gypsum, Austin The rain has brought us back our rivers and lakes just in time for us to enjoy time on the water this summer. As the waters settle down fishing is going to go from good to better and draw our attention to fishing, but we need to take a little time to think ahead to hunting season too. Do you realize that by July a buck’s antlers are already about 50% formed? From now until the velvet comes off in the fall they will be putting the finishing touches on those antlers. Up to this point the mild, wet weather has benefitted antler growth too, but now we are coming into the part of summer that can be stressful for deer. Get that done and hook up the boat or call your favorite guide and head back to the water! Then you can enjoy your reunion with the lakes knowing what great hunting you’ll have in the fall! Wortham Summer heat can dry up smaller rain fed water sources. High temperatures are as hard on deer as anyone else and all they can do is endure them. Insect pests prey on them too. If you can help your Half or Full Day Fishing Trips All Bait, Tackle & Equipment Furnished Your catch Filleted and Bagged for You Ken Milam Guide Service (325) 379-2051 www.striperfever.com Furnish your TPWD Fishing License & Refreshments, and WE DO THE REST! Submitted to Construction News Riding into the sunset L-R: After 22 years of happy trails, ConScape’s Ryan, Charles and Lance Halfmann recently said a bittersweet goodbye to “Sticker,” their beloved American Quarter Horse. Although the breed can sometimes live up to age 35, Sticker passed early and unexpectedly, but not before leaving the family with years of happy memories, such as this moment at their Lipan, TX ranch. –mjm Dallas/Fort Worth Construction News • Jul 2015 “G Page 11 A “grand” ol’ time ood Will Hunting” takes on a special meaning for Dave Riddle these days. Now that his 13-year-old grandson Will Clark is the perfect age for hunting trips, the owner of Dave Riddle Electric Company in Farmers Branch now has a new hunting buddy. A favorite spot the two visit is Nail Ranch, north of Albany, TX, and the pair have wasted no time in bringing home the turkey bacon. On their first hunt, Riddle used a Blaser .338 Win Mag 225 Grain Barnes TSX to take down a nearly 250-lb. feral pig, while Clark nabbed a sow. Then, during the first weekend in April, outside of Alpine, Clark used a 12 gauge to shoot his first turkey, a Rio Grande Big Tom with a 10” beard and 1¼ specs. Riddle and his wife Gayle (who also came on the trip) couldn’t be prouder grandparents if they tried! –mjm L-R: Dave and Gayle Riddle and grandson Will Clark show off Clark’s first turkey. L-R: Grandfather and grandson pose with the prize: A nearly 250-lb. feral pig. Page 12 Dallas/Fort Worth Construction News • Jul 2015 Tur-duckin’ Two Pavecon, Ltd.-employed hunters got several birds in the hand recently, so to speak. Tim Wegienka Sr. shot a 20-lb. turkey at his lease in Haskell, TX. Joe Veach, not to be outdone, scored four drake mallards, four drake wood ducks and a greater Canadian goose on a hunt along a Nacona, TX creek. –mjm Tim Wegienka’s turkey Joe Veach plays duck, duck, goose. Good times P The PCL Contract Bonding Agency staff is enjoying their new Irving office. CL Contract Bonding Agency has recently been celebrating both new beginnings and beloved traditions. In April, the construction surety bond specialists moved out of their Dallas headquarters and into a sleek 2,300-sf office located at 8615 N. Freeport Parkway, Suite155 in Irving. “We shared a suite with Independent Insurance Group at the previous location,” PCL surety agent and partner Eric Lesch says. “We’re still good friends, but we moved our office so that we would be more centrally located and more accessible to our clients and employees. Being closer to the clients and the ease of access for them is important to us.” Business development and surety producer Melissa Lesch cites the convenience of a first floor office as another reason for the move. The staff is also celebrating its growth as well: With the addition of Tonie Petranek as bond account manager, the staff now numbers eight. “We hope to continue to grow as well as serve our existing clients,” Melissa says. In addition to new digs, PCL also celebrated its 30th annual Attitude Adjustment Party at Lesch Farm on Jun. 6. As it has in years past, the event treated friends of the firm and their families to golf, fishing, swimming, barbecue and a spectacular fireworks show to cap off three great decades. –mjm PCL celebrated its 30th Annual Attitude Adjustment Party in June. Dallas/Fort Worth Construction News • Jul 2015 Page 13 Award round up Y ee haw! Several North Texas specialty contractors, industry professionals and suppliers lassoed awards at the American Subcontractors Association (ASA)’s North Texas chapter’s 37th Annual Awards Night. The westernthemed “Stampede of Excellence,” hosted Jun. 11 at the Omni Dallas Hotel at Park West, recognized the cowboys and cowgirls who wrangled their 2014 projects with ace-high craftsmanship and professionalism. –mjm Beacon Award - Traci Strieker Striland Construction Outstanding Architect - HKS Outstanding Supplier (tie) Texas AirSystems Inc. Safety Award, Division I - GMI Safety Award, Division III Haley-Greer Inc. Outstanding Field Supervisor Barry Rosenberg, Andres Construction Services Outstanding Specialty Contractor Osburn Contractors Inc. Outstanding General Contractor (tie) Andres Construction Services Outstanding General Contractor (tie) Hill & Wilkinson Outstanding Industry Professionals PCL Contract Bonding Agency Outstanding Engineer Purdy McGuire Bringing it to a boil T he plates were heaped with the best kind of Cajun at the Schmooze and Mingle Networker and Crawfish Boil on May 21. Hosted by the American Subcontractors Association’s North Texas chapter (ASA) at Morrison Supply Company in Dallas, the event gave members a chance to talk shop and socialize over some spicy ‘dads. –mjm Outstanding Supplier (tie) EyeSite Surveillance L-R: Morrison Supply’s Scott Baxter and Randy Hazzard L-R: DDC Fuel Services’ Debbie Denman, ASA’s LaDell Tullos and Beverly Reynal and Johnston Products’ Lori Chung L-R: Trade Management’s David Meyer, Johnston Products’ Gene Johnston and Texas AirSystems’ Rusty Vaughn L-R: Striland Construction’s Gina Strieker, Walker Engineering’s Mike McAdams, Striland Construction’s Elmer Strieker, PCL Contract Bonding Agency’s Melissa and Eric Lesch and Brown & Tucker Agency’s Bennett Brown Outstanding MEP Walker Engineering Inc. Page 14 Dallas/Fort Worth Construction News • Jul 2015 What’s on your bucket list? Not in any particular order: I would like to play golf at St. Andrews in Scotland, the birthplace of golf, take a river cruise in Italy on a private yacht, fish for salmon in Alaska, drive a fast car on the Autobahn, learn to speak Spanish, take a trip by train in Europe, play golf at Pebble Beach, and play cards in the World Series of Poker game. Hopefully one day I can mark some of these off of the list. Bobby Grimes, A&G Piping, A&G Construction, A&G Mechanical I always enjoy traveling and seeing new places. A trip to Africa has always been on my bucket list. I would love to do a photo safari and just sit back and watch all of the wild animals. Andrea Pender, TEXO Well, I missed out on a chance at one of them this year and that was to attend all three of the Triple Crown races when we had a Triple Crown winner! I also plan at some point to spend a year as a mom in an orphanage in Guatemala through Ivan Tait Ministries. A third item on my bucket list has been to move and live in Greece for a couple of years, and take a refresher tour of all of the places I lived and visited in Germany while I’m there. Angela Ellis, Construction Industry Allies My bucket list items would be to visit the Canadian Pacific coast and also to travel to Scotland and Ireland. Glen Pierce, Glenco Roofing I rarely take a vacation because I am a workaholic. So, it is on my bucket list to spend a long vacation in Spain, France and Italy soaking up all the culture I can and eating the greatest food and drinking the best coffee and wine, relaxing by To ride my Harley in all 50 states! I had the good fortune of riding coast to coast some three times and am now down to just 10 states remaining (including Alaska and Hawaii). In doing so you get the opportunity to experience this great nation of ours from a whole different perspective. Rusty Vaughn, Texas AirSystems sitting in a European plaza letting time pass me by with the stresses of my law practice out of sight and out of mind. Christopher D. Montez, Thomas, Feldman & Wilshusen LLP I think I would just like to have a lawn chair, a chest of beer and sit at the sunny beach! That’s something I might really be able to accomplish! Lynda Dodson, JMEG LP Leaders of the pack I want to go to Paris, France. I have always wanted to go since I was a little girl. I was always interested in fashion; I used to sew a lot and it was my first love, but my life just took a turn! Kimberly May, WnR Inc. I want to see the northern lights while bow hunting for Alaskan brown bear. Joe Veach, Pavecon Ltd. E The TSPE officers ngineers from all areas of Texas gathered at the Texas Society of Professional Engineers (TSPE) Conference & 79th annual meeting at the Omni Houston Hotel in Houston Jun. 17-19. Julia M. Harrod, PE, F.NSPE, garnered the TSPE Engineer of the Year award and Ardita Dushi, PE, APMP, won the TSPE Young Engineer of the Year award. In addition, Nancy Blackwell, PE, AEI Engineering Inc., was installed as TSPE's new president. Seminar topics during the event addressed the professional, economic, social and political aspects of engineering in Texas. Exhibitors at the conference included ADS Pipe, Hobas Pipe, Horizon Environmental Services, Inc., JPH Land Surveying Inc., Lime Association of Texas, Locke Solutions, SAM Inc., Texas Concrete Pipe Association and Texas Hydrant Services. –ab TSPE Engineer of the Year, Julia M. Harrod, PE, F.NSPE, receives her recognition from Harold “JR” Reddish, PE. TSPE Young Engineer of the Year, Ardita Dushi, PE, APMP, (right) receives her award from Harold “JR” Reddish, PE. Submitted to Construction News Nancy Blackwell, PE, AEI Engineering Inc. Heritage of the future L-R: Gateway Planning president Scott Polikov, Plano Mayor Pro Tem The Hon. Lissa Smith, Rosewood Property Company president Bill Flaherty and Horsley Witten Group Inc.’s Jon Ford broke ground on Heritage Creekside .The 156-acre mixed-use development in Plano will offer nearly 2.3 million sf of office space, 50,000sf of retail and restaurants, a 15-story hotel and multifamily and single-family housing. Bury Inc is also involved with the project’s first phase, which will be completed in 2016. –mjm Dallas/Fort Worth Construction News • Jul 2015 Page 15 Electrical Industry Solar up, copper theft down Dave Riddle, Owner Dave Riddle Electric Company Farmers Branch, TX H ow would you describe the state of the construction industry in general terms? Have you heard of an increase or slowdown in business? Our goal for our team is to work together to provide a “job well done.” We are blessed to be where we are, when we are. Northeast Texas is such a healthy business environment that will continue to grow well into the future. Having more businesses come to the D/FW metroplex will increase the population coming into D/FW. The demand for work increases, and that is where the industry is at right now. It is a wonderful time to be in the area with the new companies springing up all over. What factors are driving this increase? This area is attractive to business because of the weather, resources and tax structure. Anytime an area is as healthy as D/FW, people are going to be drawn to it. What are the “hot button” issues in your industry? Safety training is a constant requirement. Weekly safety meetings at the job site with specific subjects relevant to the project will help increase awareness. Continuing education and code changes are most important. What is on the horizon for your industry? Solar power, energy saving lights and controls and continuing education are all-important. Riddle Electric is pursuing and completing projects outside of the D/FW area, but within the state. With the recent emphasis on green Growth strong, skilled labor weak Alexandria, VA ow would you describe the state of the construction industry in general terms? Have you heard of an increase or slowdown in business? Generally, the construction industry is strong in the vast majority of the country. It is still rebounding from the economic downturn, but the majority of business owners are cautiously optimistic about the future and that the increased business will continue. Most sectors (i.e. healthcare, education, manufacturing and commercial) are experiencing an incline in work and state and local government investment in infrastructure is also driving growth. What factors are driving this increase/ slowdown? A healthier economy is certainly a relationships with others in the industry, and the satisfaction of being a part of building our community. We have done many projects within the state of Texas and we are proud to have our name attached to them. We are constantly developing new relationships with contractors and businesses that help us grow as a community and as a business. What are the cost increases related to your industry? Healthcare, energy code requirements, and the fluctuating cost of raw materials are a few possible increases within the industry. What are the keys to being successful? Working a project from conceptual budgets all the way to completion. Estimating, bidding and working the job to completion with people that take pride in their job is our goal. Having a stable base of employees will greatly impact the relationships with the customer. They can depend on excellent quality because they have come to know and trust the employees on a regular basis. Has the theft of copper affected pricing of work? No, not yet. We have seen copper theft decline, since recycling companies started requiring driver’s licenses and a job name before accepting material. Keeping the job sites locked overnight will reduce the amount of theft if there is any. What are the rewards of the industry? There are many rewards that we have experienced. Watching our employees grow with their families, developing years then opened their business. Thayer Long, Executive Vice President/CEO Independent Electrical Contractors H building, what is the most environmentally friendly change relating to your industry? There are a few, actually: recycling, installation of solar panels, daylighting and lighting controls. Riddle Electric currently has solar panels installed on our building and have had them for a few years now. huge help to any recovery. This leads to more confident business owners and consumers. What are the “hot button” issues in your industry? The largest threat to the electrical industry is a shortage in skilled labor. Electrical contractors across the country are struggling to find individuals who want to join this rewarding and lucrative occupation. There are very unique opportunities available to electricians, including apprenticeship, that allows students to earn money and gain on-the-job skills to accompany their classroom learning. Additionally, electrician is a very entrepreneurial field. We have many people who have graduated from our apprentice program and worked for a contractor for What is on the horizon for your industry? Changes in technology; equipment; materials? Technology is changing in the industry. To combat the labor shortage, companies must be more efficient in handling and installing electrical material. Building Information Modeling (BIM) and other tools increase the need for digital availability. The adoption of smart devices has been prevalent on jobsites. The technological improvements are going to continue to positively impact the construction industry. With the recent emphasis on green building, what is the most environmentally friendly change relating to your industry? Lighting and lighting controls have been a recent revolution in electrical work. This includes using more energy efficient lighting fixtures, controlling and automating lighting for maximum efficiency, and energy use for heating and cooling system. According to the Energy Information Administration, 60% of an office building electricity is used in lighting, cooling and venting the space. With Dave Riddle Electric Company has been serving the commercial electric needs of the D/FW area for more than 28 years. Established in Houston in 1974 and relocated to Farmers Branch in 1984, the company serves the educational, religious, healthcare, facility, retail, corporate and restaurant markets. –mjm their impact on so many different systems, electrical contractors are leading the way on making substantive improvements to buildings’ energy-efficiency. What cost increases relate to your industry? Commodity and material costs are always fluctuating, driven by normal courses of supply/demand globally. Wages rates are starting to rise markedly, and will continue to do so with labor shortages and again, economics of supply and demand. What are the rewards of the industry? A career in electrical involves working in a challenging, sophisticated, and technologically evolving industry. It provides one with a lifetime skill and endless education due to the constant construction evolutions. Electricians will always be in high demand and continue to provide high wages. IEC is a trade association representing more than 3,000 members with 53 chapters nationwide. IEC is the nation’s premier trade association representing America’s independent electrical and systems contractors. –cw NEXT MONTH August 2015 Service Providers 2015 Schedule Jan: Construction Forecast Feb: Construction Safety Mar: Construction Education Support Your Industry’s Feature Issue Call for Ad Space Reservations Apr:Women in Construction May:Concrete Industry Jun: HVAC & Plumbing • • • • San Antonio Austin • Houston Dallas/Fort Worth South Texas July:Electrical Industry Aug:Service Providers Sep: Green Building Trends (210) 308-5800 Oct: Specialty Contractors Nov: Architecture & Engineering Dec: Construction Equipment Page 16 Dallas/Fort Worth Construction News • Jul 2015 Electrical Industry Wired for change Mark Coshal IEC San Antonio, Instructor IES Commercial, Superintendent San Antonio, TX T he National Electrical Code (NEC) is published every three years, and each new edition brings changes to the electrical industry. When the local building codes change, the impact is even more drastic and immediate, according to Mark Coshal, a third-year curriculum instructor for the Independent Electrical Contractors (IEC) San Antonio Chapter and a superintendent for IES Commercial. At 38, Coshal has been working in electrical for 15 years, 12 of which have been with IES. He has been an instructor at IEC for eight years, and in 2013, he earned national recognition as Instructor of the Year. He is also on IEC’s book review committee, which writes the curriculum and keeps it updated. His experience in the field and as an educator, who also spends time in the IEC classroom as a student to stay current, affords him a good opportunity to keep up with the amount of changes in the industry, which he feels is one of the most difficult things about being in electrical. “We get a new code every three years, and so we have to keep up with that,” says Coshal. “But then, technology changes, and every time they add a computer or add a different type of light fixture or even just changing out a regular incandescent lamp for one of those little compact fluorescents that everybody is going to now – it makes an impact on the way that things have to be wired in the [projects] from the ground up.” With these changes in technology, he observes that the code book is now covering areas that were not there in the past, including circuitry and electronics as well as solar power and green energy. With standards leaning toward the green, that adds to the complexity of those electrical jobs. “One of the issues with going greener is that you get a bunch of transient loads on your circuitry that causes an increase in ampacity on your neutral wires,” he explains. “The first thing that went away was what they call multi-wire branch circuits, which is sharing of neutral loads on different circuits. They’re requiring independent neutrals for everything, which adds wire to the job, adds circuit ampacity, which increases wire size, and in essence, it makes the job cost more money. “They’re going to save money in the long run by running a more efficient light bulb essentially, but in the initial cost, it’s pretty substantial. There’s quite a bit more wire to be pulled. There’s larger wire that has to be pulled. The transformers associated with all of those cir- cuits have to be increased in size to be able to handle the increase in capacitance on the wires. “It’s changed the way that everything is circuited. It’s changed the way that we route our conduits. It’s changed the way that we size all of our conduits and our wire and then, of course, the cost impact. So, we have more work going into a job.” Meanwhile, the industry is still suffering a labor shortage. More work going into a job means more labor to get the job done on accelerated schedules. With the field being drastically undermanned, Coshal comments that they need more people who know what they are doing and the IEC apprenticeship school helps to turn installers into electricians by preparing them for their journeyman test to get their license. He believes the key is to get the knowledge out there so the people in the field understand the changes that are happening – why they are upsizing neutrals and why transformers are getting bigger, for example. “In the field, we see it on a print and then we do it,” he says. “But in the class- room, you’re able to teach them why that’s happening. You can actually show them the physical difference that is being produced by the different types of greener things and it doesn’t just have to do with the green stuff. “Computers do the same thing. With everything becoming more and more computer-oriented, you have more and more circuitry in buildings for computers, and they do the same thing. They produce a capacitive load that increases neutral demand. A lot of it is taken care of with the code and we have to adapt the curriculum to meet that code and to teach what’s new going on in the field.” While many of his students are new hires, some are also people who have been in the industry for a while, because in the electrical industry, knowledge really is power. “A person that understands why he or she is running a wire from point A to point B is more valuable than a person that has to be told, ‘Okay, pull that wire from point A to point B.’ Contractors will hire new people and want to put them in school to get them to learn.” –mh Hooked on a reeling Into the great wide open L-R: JMEG’s Steve Young, EA Electric’s Rick Card and JMEG’s Chris Freeman T RDO Equipment Co. leadership and the McKinney Chamber of Commerce participated in a ribbon cutting. T he welcome wagon officially rolled out at RDO Equipment Co.’s new McKinney location. On May 21, the company celebrated its new 2902 N. Central Expressway store by inviting customers to tour the 38,000sf facility and stay for lunch, product displays, prizes and giveaways. Before the open house got underway, members of RDO Equipment Co.’s leadership and McKinney’s Chamber of Commerce made it official and participated in a ribbon cutting ceremony. The occasion also presented an opportunity to introduce general manager Jim Carell, who had previously been named sales manager for the store when it was under construction in April. The well-attended event gave North Texas customers a chance to see how the new store will be a nice complement to the company’s Fort Worth and Irving operations. RDO Equipment Co. offers sales, parts, service and rental of John Deere heavy construction equipment. –mjm he crew at electrical contractor JMEG LP in Farmers Branch enjoyed a reel-y fun guided fishing trip Jun. 2-4, thanks to two of the company’s vendors. The trip, which has always been a hit with the employees, has turned into an annual event. “We leave Dallas, fly to New Orleans, drive to Buras, LA and stay at Cajun Fishing Adventures,” the Farmers Branch office division manager, Chip Rawlinson, says. “Our guides have wonderful bay boats and always put us on the fish – redfish, trout, flounder and other species.” The good times don’t stop at the water’s edge, either. “Upon our return to New Orleans, we stay at the Ritz Carlton, eat at one of the local restaurants and tour Bourbon Street before our trip home,” Rawlinson says. “It’s a great team-building exercise, fun fishing, good food and fellowship!” –mjm JMEG’s Chip Rawlinson Dallas/Fort Worth Construction News • Jul 2015 Page 17 Association Calendar Flight crews Content submitted by Associations to Construction News AIA - Dallas American Institute of Architects Jul. 11: Unbuilt Design Awards Gallery Show Closing Reception, Life in Deep Ellum, 2803 Taylor Street, Dallas, 6pm. Jul. 21: NTX Sustainable Showcase 2015, Addison Conference Centre Jul. 23: AIA/TEXO Bark + Build Kick-Off Party, SPCA of Texas, 2400 Lone Star Dr., Dallas, 6pm. ASCE American Society of Civil Engineers Jul. 13: Dallas branch meeting Jul. 20: Dallas/Fort Worth joint branch meeting, Arlington Hilton Hotel, 2401 E. Lamar Blvd., Arlington, 9am ASA North Texas American Subcontractors Association NARI Nat’l Assn. of the Remodeling Industry Jul. 14: Monthly meeting, Walker Zanger, 11550 Newberry Street #300, Dallas, 6pm NAWIC - Dallas Nat’l Assn. of Women in Construction Jul. 20: Membership mixer, MCM Elegante Hotel, 2330 Northwest Hwy., Dallas, 5pm Jul. 16: Business meeting, Colonial Country Club Grounds, 3916 Mockingbird Ln., Fort Worth, 5:30pm NTRCA N. Tx Roofing Contractors Assn. CFMA Nat’l Untility Contractors Association Construction Financial Mgmt Assn. Jul. 16: Happy hour, The Ranch at Las Colinas, 857 West John Carpenter Freeway, Irving, 9:30 NUCA Project Management Institute Construction Specifications Institute Jul. 16: Dinner meeting, Crowne Plaza North Dallas/Addison, 14315 Midway Road, Addison, 6:30 pm DACA Jul. 15: Membership meeting IEC - Dallas Independent Electrical Contractors Team ABC Garland Jul. 23: AIA/TEXO Bark + Build Kick-Off Party, SPCA of Texas, 2400 Lone Star Dr., Dallas, 6pm USGBC IEC - Fort Worth U.S. Green Building Council Jul. 16: Night at the Races, Lone Star Park Supreme Roofing’s Craig Rainey TEXO The Construction Association Jul. 16: Night at the Races, Lone Star Park Independent Electrical Contractors Team Southern Shingles PMI - Dallas CSI – Dallas Drywall & Acoustical Contractors Assn. Morning tee time: 1st flight: Craig Rainey, Supreme Roofing 2nd flight: Team Southern Shingles – Jose Ondarza, Justin Sterna, Randy Warner and Cody Coble NAWIC - Fort Worth Jul 8: Lunch & Learn, International Bowling Museum, 621 Six Flags Dr., Arlington Jul. 21: NTX Sustainable Showcase 2015, Addison Conference Centre Afternoon tee time: 1st flight: Team ABC Dallas – Jerod Niles, Colson Rowley, Tres Yonkin and Eric Elliot 2nd flight: Team ABC Garland – Mark Boone, Randy Phillips, Todd Schmidt and David Wasserman Nat’l Assn. of Women in Construction Jul. 16: Split Happens Bowling tournament, AMF Euless Lanes, 5:30pm Jul. 23: Lunch meeting, Las Colinas Country Club Jul. 16: Membership meeting, Las Colinas Country Club, 4400 N O’Connor Rd., Irving, 11:30am F our teams proved their flightworthiness when the North Texas Roofing Contractors Association (NTRCA) held its annual golf tournament Jun. 2. The event, hosted at Grapevine’s Cowboys Golf Course, offered four flights of golfing goodness. –mjm Jul. 21: NTX Sustainable Showcase 2015, Addison Conference Centre MCA Mechanical Contractors Association Jul. 8-12: MCA Texas Conference and Products Show, Hyatt Regency Lost Pines Resort & Spa, Bastrop Team ABC Dallas Round-Up Plano-based NexRev Inc., manufacturer of energy efficiency upgrades for HVAC equipment, announces the appointment of two officers to vice president positions: Rodney D. Anthony, PE, director of engineering, has been named vice president of business development. Anthony brings more than 30 years of experience to his new role, in which he will oversee sales and marketing efforts and product development. John Riddle, director of operations, is now vice president of operations managing all aspects of manufacturing, application engineering, supply chain, training and support functions. Riddle has more than 20 years of experience and joined NexRev as a project manager in 1995. Dallas-based Ameripipe Supply announces the addition of Jack McKendrick to its corporate staff. McKendrick, who will serve as director of mechanical, industrial and oilfield services was previously vice president and director of the PVF Group for Morrison Supply and also was employed by Victaulic Company of America and Nibco Inc. Dallas structural and civil engineering firm JQ announces the following principal and associate promotions: Mark LeMay, AIA LEED AP, has been promoted to principal. LeMay has 38 years of experience and is recognized nationally for his ability to assess and restore historic landmarks as the leader of JQ’s Facility Performance Group. John Mischkot, P.E. LEED AP, has been named as an associate. Mischkot, a nine-year JQ veteran, brings engineering counsel experience within JQ’s Infrastructure Group to his new role. Tom Pickering leads JQ’s Civil Engineering Group as an associate. His 30year career spans civil engineering, management and consulting in both the public and private sectors. Page 18 Dallas/Fort Worth Construction News • Jul 2015 H Location Dallas/Fort. Worth H Location Austin H Location Houston H Location San Antonio South Texas H Location Publishing the Industry’s News . . . TEXAS Style Home Office (210) 308-5800 www.constructionnews.net continued from Page 1 — Under two roofs minority and WBE programs. Kimberly credits her sons with the company’s growth. “This is something I never could have done without them,” she insists. “We all had different skill sets and they brought so much to the table as they continue in their new positions to work with people all throughout the United States and Canada. “They brought their youth, intelligence, vision and energy to it,” she continues. “They have brought more to my business than I have as the years have gone by. Andrew was 24 when he started handling the delicate task of balancing financials during trying times and continues in his new position. Grant, for a young man, was blessed with an industry vision beyond his years. He has a knack for knowing everything from the equipment to the materials to working with the contractors. He has proven that as the face of RMI and is well respected within the entire industry.” T a k i n g their practical knowledge of how contracting really works and what contractors need, they helped revise RMI into a technical sales organization, which not only sells materials to customers but educates both contractors and specifiers. With WnR celebrating its 10-year anniversary, Kimberly continues to look ahead. “I’m excited,” she says. “The first couple of years were all about growth and changes – we were revamping everything. Now we have all of that done and we have some really good people that are working with us. The last few years have been phenomenal.” McKinney-based roofing contractor WnR Inc., a 100% woman-owned, minorityowned company, installs and repairs roofs. Roofmart International, also in McKinney, manufactures and sells roofing materials. –mjm continued from Page 1 — Hill site employees, including branch and service manager Jim Batten, sales representative Matt Cooper, parts manager Ryan Peterson and rental manager Landon Clifton. Young says that customers are excited about the new location, and that they aren’t the only ones. “Bobcat of Dallas is very excited to announce the opening of its fourth location in North Texas,” Young says. “We feel like it will help support our customer base better by adding an additional location on the south side of the Metroplex. We will also open with an experienced staff that is ready to meet customer needs on day one.” Bobcat Company provides compact equipment for global construction, rental, landscaping, agriculture, grounds maintenance, government, utility, industrial and mining markets. –mjm continued from Page 1 — Thinking big The 14-acre site boasts a two-story dealership and 981 parking spaces. did not match the Volkswagen concept,” Garvey continues. “To overcome this challenge, we blended the natural stone exterior required by the development district with the modern design of Volkswagen. We replaced the brand-specific white frame system with a stone panel system to appear like a white frame. This included using tile, stucco and stone.” The white stone found by the firm melded the two seamlessly, with linear stone/masonry block structure utilized on the exterior. In the interior, the firm used ceramic tile and wood laminate for the flooring and klinker tile for the service drive/bay. Corbet Design + Build’s ability to serve as the single point of contact for clients and act as coordinator for the project’s many moving pieces also saved time. “Through coordination, project design and management with our architect and engineer, we were able to manage the complexity of this project, including staggered timelines, and deliver the final project successfully,” Garvey says. “This demonstrates the benefits of using our design and build process.” The finished project made a huge impression on the client. “The client, Volkswagen, was very satisfied. The size of the facility allows for outstanding service to the client, which is a high priority for Volkswagen,” Garvey says. “It has been a pleasure working on this great project, and we are thrilled to unveil the finished Volkswagen dealership to the North Texas community. This is truly an amazing facility that was designed to meet Volkswagen’s high level of customer service and satisfaction.” Dallas-based Corbet Design + Build is a boutique design firm specializing in designing, strategic planning, building and construction. –mjm editions can be Did you Pastdownloaded at know? www.ConstructionNews.net Dallas/Fort Worth Construction News • Jul 2015 For the record The helicopter lifts the unit from the lot. T his might just be one for Guinness. A&G Piping Inc. told client Alcon Industries that using a helicopter to place 15 rooftop HVAC units would take almost two hours. However, thanks to careful planning (and a promise of taquitos to the crew upon completion), all units were in place in only 35 minutes – an average of one unit roughly every two minutes! Even company president Bobby Grimes was pleasantly surprised, despite the fact that this isn’t the first time they’ve used a chopper for a job. “We don’t do it often; a lot of times we use a conventional crane, but these units were in critical area and we only had a certain amount of time to get the units off, back on and running,” he says. “It went really well.” Because 5-State Helicopters Inc. requires that no one be underneath the flight patterns at the time of a job, Jun. 7 (a Sunday) was chosen as the big day. This allowed full use of Alcon’s parking lot for the helicopter and staging. “As far as coordination, we had to have all existing units disconnected and ready to pull off, which is quite a bit of pre-work. We did a lot of preplanning; the new units had to be staged in the parking lot. We also had flatbed trailers staged to set old units on; Alcon is donating them to Habitat for Humanity.” Even if they don’t get listed in Guinness World Records, they did get taquitos. “We bought [the crew] Whataburger,” Grimes says, laughing. “Once we got the units on, that’s when the work began. They worked until dark, almost, getting units hooked up. And, there’s nothing better than a sausage taquito in the morning!” Fort Worth-based A&G Piping is a fullservice HVAC, plumbing and piping contractor serving the D/FW metroplex for more than 30 years. –mjm The crew placed 15 units in 35 minutes. Page 19 Page 20 A Dallas/Fort Worth Construction News • Jul 2015 Summer fun in the sun rchitects, designers, engineers and contractors took their tools to East Beach in Galveston May 30 for the annual sandcastle competition. More than 60 teams had their eyes and shovels set on winning the Golden Bucket Award. Participants stretched along the beach, sculpted their sand piles and worked non-stop for five hours. The judging of the sandcastles was rated on originality of concept, artistic execution of the concept, technical difficulty, carving technique and utilization of the site. The Houston Chapter of the American Institute of Architects (AIA) hosted the event. –ab Congrats to the winners! Most Complex: PflugerFlintco - Positive/Negative Most Hilarious: Kirksey - Jurassic Seuss Most Lifelike: CDI: Medusa Best Traditional: Gensler - Drift Outside the Shell Best Architectural: cre8/Duratech/ Matrix - Michael's Grave Let the Games Begin: Walter P Moore/ Baker Concrete Operation Stars and Stripes: SWA Group - The Lone Star-fish The Sydney LeNoir Public Favorite Award: Freese and Nichols Inc. - Left Shark Best Team Sign: Ziegler Cooper Architects - 20,000 Leaks Under The Sea Best Team Costume: US "N" SAND - Lame Duck Season AIA College Challenge Award: The University of Houston Architecture Students and Alumni - Baymax: Your Personal Sandcastle Companion That’s Entertainment: Integrity Structural Corp. Power Up with Integrity Gold Bucket Winner: Kirksey - Jurassic Seuss Silver Shovel Winner: Gensler - Drift Outside the Shell Bronze Shovel Winner: The Dow Chemical Co. Beauty and the Beachslayer Honorable Mention (4th Place) Ziegler Cooper Architects 20,000 Leaks Under The Sea Honorable Mention (5th Place): Matrix Design Built By The Egyptians Honorable Mention (6th Place): HDR Inc. - Texas Pictionary