Thinking big Under two roofs Hill site

Transcription

Thinking big Under two roofs Hill site
Covering the Industry’s News
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CONSTRUCTION
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Happy Birthday
America
The Industry’s Newspaper
July 4 , 2015
www.constructionnews.net
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(210) 308-5800
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Volume 13
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Number 7
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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
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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
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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
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Dallas/Fort. Worth
H Location
Austin
H Location
Houston
H Location San Antonio
South Texas
H Location
Publishing the Industry’s News . . .
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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