Fitness for guests Third time`s the charm Generation to generation

Transcription

Fitness for guests Third time`s the charm Generation to generation
Covering the Industry’s News
P.O. Box 791290
San Antonio, Texas 78279-1290
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CONSTRUCTION
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The Industry’s Newspaper
www.constructionnews.net
(210) 308-5800  P.O. Box 791290 San Antonio TX 78279  11931 Warfield San Antonio TX 78216  AUG 2010  Vol. 10  No. 8
Third time’s the charm
Generation to generation
L-R: Zeb Robinson, Lori Bagliore and Tony Bagliore
L-R: Colt McIntosh, Diana Ramos, William Biggs, Dan Seligman, Dave Phelps,
Nikki Guinn, Ben Schennel and Heather Bishop.
T
ony Bagliore and his wife Lori Bagliore started their business, Tony
Bagliore Concrete, in March. The
couple says the saying ‘the third time’s
the charm’ seems to ring true for them
despite the state of the economy. The
couple had tried their hand at entrepreneurship twice before and they feel like
this time it is right.
“It has been a great three months,”
Tony Bagliore said. “We have been
blessed.”
Bagliore has 20 years of experience
in Central Texas. He had his own company and then went to work for a general
contractor as the concrete division manager. He left the general contractor company three months ago and felt like start-
ing a concrete company was the natural
thing to do.
“Concrete is what I do,” Tony said.
“We’re just thrilled that one door after another is opening up.”
The company is located at Industrial
Park Circle in Georgetown, but they have
grown so much that the couple already is
making plans to move into a larger office.
The new company is not his only job
or mission. He is also an associate minister and the couple is very active in their
church. In his spare time, Tony also enjoys
aviation. Lori enjoys gardening.
“My hobbies are all on the ground
and his are anything off the ground,” Lori
continued on Page 17
W
illiam Biggs is the second generation to manage the family
business, Biggs Plumbing. His
parents, Neeva and Bill, are still part
owners. Neeva is the majority owner and
works primarily in the finance department; Bill is partially retired; and William
is also part owner and manages the dayto-day operations.
William has been involved in the
business since 1995. Though he earned
his bachelor’s and master’s degree in anthropology from the University of Texas,
he felt compelled to work for the family
business.
“I wanted to try out the plumbing
business and here I am 15 years later,”
Biggs said.
Bill Biggs started the company in
1972 and Neeva joined forces with him in
1981. The business has been at their current location on Dungan Lane since 1988.
William says he is glad he chose to
join the family company.
“The academic life is less rewarding
in some respects. I have more opportunity to deal with people and be creative
strategically,” he said.
When not working, William enjoys
spending time with his wife and two
young children, ages three and one.
Biggs has been married for six years. He
met his wife through mutual friends and
found they have a similar love for music,
continued on Page 17
Fitness for guests
N
delivered on time and within budget.
They worked alongside other key players
including Moman Architects, JM Structural Engineering and Hoteliers, Inc..
“The working relationship between
all parties involved went extremely well
and we all look forward to additional upcoming opportunities to team up,” St.
Martin said.
The project was built utilizing a CMU
shell, a light gauge steel truss system,
north and west facing storefronts and a
Berridge Copper-Cote standing seam
metal roof system to match the hotel.
The façade consists of a Leuder stone
wainscot, a three-coat elastomeric stucco
system, painted hardi-board soffits and
fascia and decorative copper gutters and
rain-chains. The interior of the building
was finished with a white, level five drywall finish walls and ceilings, an East fac-
ew Line Construction placed the
final touch on the remodel of the
local Wyndham Garden Hotel by
constructing a new fitness center for hotel guests.
The crew managed to complete the
project in a relatively short period of time
while being mindful of the needs of the
hotel staff and guests.
“This project was unique because it
was considered the last major phase of
construction that was to bring the remodeled hotel to the status of complete,”
said Brian Conant and Devon St. Martin, New Line Construction. “The new
building is more than 1,500sf and is located along the outside pool area.”
Conant and St. Martin, New Line’s
primary executives, personally handled
the daily operations of the project related to project management and superintending to ensure the final project was
The exterior of the new Wyndham Fitness Center
continued on Page 17
Page 2
Austin Construction News • Aug 2010
Family friendly
Construction News ON LOCATION
Fence supply smiles
L-R: Collin Lilley, Al Carter and Dan Woodworth, Jamieson Fence Supply,
start their day with a smile. –km
L-R: Assistant Manager Pat Messer and General Manager Todd White, Gajeske, Inc.
T
he father and son team, who started Gajeske, Inc. in 1986, Bob
Gajeske Sr. and Bob Gajeske Jr., is
keeping their legacy going in their locations of Manor, Houston, Grand Prairie, as
well as Oklahoma.
The general manager of the Manor
office, Todd White, lives in Liberty Hill
and has worked for the company since
the Austin area location opened in 1996.
He lived in the Dallas-Fort Worth area for
many years, starting out after high school
doing heavy equipment operating and
eventually working for a contractor. Once
he decided he wanted to move to the
Austin area, he discovered the opportunity with Gajeske. White worked his way
up the ladder with the company and says
it feels like home.
“We’re not just a number on the payroll. Everyone in the company knows the
owners individually,” White said. “We are
all like family.”
When not working, White raises and
breeds sport horses. He considers this to
be his side business that he manages
with his wife.
Assistant Manager Pat Messer enjoys riding his motorcycle and spending
time with his five children and one grandchild.
As far as the job goes, White says he
enjoys interacting with customers the
most. He added that even though they
have expanded and are incorporated, it
still has a family atmosphere.
“We still have the small company
mentality and communicate well with
each other,” White said.
Gajeske, Inc. specializes in polyethylene piping products, environmentally
friendly products. They are a full service
company, which sells equipment for both
gas and water use. –km
Creative with concrete
L-R: (front row) Michael Cox, Arturo Barriga, Dan Bishop, Stacy Bishop, Kelly Burns and
Jesse Hester and (back right) Steve Dolezalik, Benji Durkop, Rafael Israelov,
Carlos Rodriguez and Dustin Graham
D
an Bishop has been managing
ModernCrete for almost 10 years.
In the first seven years, he was the
sole employee behind the creation of the
concrete floors. To this day, he still can be
seen on a regular basis working out on a
job site.
“I still run a lot of the jobs myself and
I’m still out at jobsites all day. I like to
make sure our customers are happy at
the end of the day,” Bishop said.
Since 2007, the staff has grown to 11.
His wife, Stacy Bishop, is included
among the staff members. She handles
bookkeeping and office work.
Dan and Stacy actually met in the industry when they were both working for
a floor company. After they married, she
continued working as a secretary for oth-
er companies until Dan decided he wanted to include her in his new staff in 2007.
Dan’s background is floor maintenance work. Originally from Brownwood,
he moved to Austin in 2001. He started
his own floor maintenance business, and
soon after, decided he wanted to learn
the art of stained concrete. This work expanded to the MondernCrete business.
He also has a separate business called DiamonCrete, which focuses solely on polished concrete. He started it around the
same time he hired his staff.
When not working away, Dan and
Stacy enjoy fishing, hunting and spending time with their four dogs.
ModernCrete specializes in stained
concrete, concrete counter tops and polished concrete. –km
Austin Construction News • Aug 2010
Page 3
Food for thought
Four-year success
L-R: Brandon Foster, Kim Kudmore , Chris Dees, Brent Lewis and Carlos Juarez
L-R: Neal Hagood, Bob Miller, Donnie Steele, Aaron Laine and Nick Gamble,
G4 Spatial Technologies and Miller Blueprint
T
he north Austin branch of G4 Spatial Technologies sponsored an educational seminar, BBQ and customer appreciation day Jul. 1 to celebrate
two years since opening at their location
on Metric Boulevard, which they share
with Miller Blueprint. The focus of the
seminar was on new technology and networking. G4 also has a presence in San
Antonio. Donnie Steele and Bob Miller
are partners in ownership of G4 and Miller Blueprint. –km
L-R: Vice President Donnie Steele traveled
from San Antonio for the event and Austinbased survey sales representative, Aaron
Lane, assist with greeting customers.
S
tandard Supply, based in Dallas
Fort Worth, recently celebrated four
years since opening an Austin office. Owned by Bill Shaw and his son
Spencer Shaw, the family business has
been around since 1946.
“It is a very family-oriented company,” said Chris Dees, regional vice president for Austin. “We also consider people
at work like family.”
An Austin native, Dees is glad to be
back in his hometown. He worked at the
Dallas office from 1994 until opening the
Austin office four years ago. His parents
still own the same home where he grew
up, which he enjoys taking his two children to visit.
“I love it here. To be able to move
back here and earn a living here is a blessing,” he said.
Dees worked in various positions at
the Dallas office. He always had the desire to work back in Austin. He is now over
sales and operations for both Austin and
San Antonio.
“I have worked in multiple positions
with the company and this is the best by
far,” Dees said. “I get to interact with the
customers and still have a hand in operations.”
When not working, he enjoys water
sports and spending time with his wife
and two children.
Dees met his wife while attending
Texas Tech University. At the time, he
thought he wanted to enter the hotel or
restaurant management business. Instead, he found his niche at Standard
Supply.
Standard Supply specializes in both
commercial and residential air conditioning supply. –km
Construction News ON LOCATION
At your service
G4 customers enjoy an appetizing barbecue lunch. L-R: Paul Sauve and Pat Caughey, Austin
G4 Spatial Technologies; Victor Seguin, Tritech Surveying Co.; Jeff Curci, Jacobs Engineering
and Chris Albert, Hayni Construction.
Austin
CONSTRUCTION NEWS
Kristin McLaughlin, [email protected] — 512-868-9710
Construction News Ltd. Home Office
P.O. Box 791290 • San Antonio, Tx 78279
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Kamla Moulder stands in front of one of the wooden doors showcased
at Cowart Door Systems in Austin. –km
Page 4
Austin Construction News • Aug 2010
difference in our business. We are a service-oriented business and it’s all about
client satisfaction. Our success has been
repeat work with clients that are happy
with the work we’ve done in the past.
We have people who have been with
our company for 25-30 years. It’s all
about how you handle your business and
if people feel like they’re being supported.
Jeff Hagar
Rogers-O’Brien
Construction
J
eff Hagar, Vice President at RogersO’Brien, spearheaded the start of the
Austin office in 2004. He has been in
the construction industry for more than
21 years, and most of that time has been
spent managing construction companies. His major goal with Rogers O’Brien
has been and still is to establish and
maintain an excellent reputation in the
industry and maintain consistent growth
to create opportunities for their people.
Hagar discusses his history and what he
enjoys most about his job.
Where are you from?
I was born and raised in Missouri on a
farm. I was driving a tractor at 8-yearsold. It was a whole different environment.
We moved to Texas when I was about
10-years-old and lived in Irving. From
then on, I’ve been in Texas.
Did you always know you wanted to
do construction?
As a kid, I grew up doing a lot of different things: working on cars and working in construction with my dad.
When I went to A&M, I actually went
to the vet school. When I got over there,
I realized it wasn’t a good fit. When I
started looking for something else to
pursue, construction was the right answer.
What do you enjoy most about your
job?
My favorite part of my job is working
with our people. You have to make sure
you’re profitable, but people make the
How did you meet your wife?
My wife and I met in high school in
Irving. We’ve been together almost 30
years. She was my high school sweetheart.
We both went to A&M. We were
working during school, so it took us seven years to get two degrees from A&M.
We were at A&M from 1981-88.
I’m on the construction industry advisor council for A&M. We do a lot of recruiting from A&M, so I keep in touch
with the construction department.
Do you have children?
I have a daughter who is 20. She’s a
junior at St. Edwards. She’s graduating in
three years, which I’m very proud of. She’s also a musician. She plays piano and guitar and writes music.
My son is 16 and he’s a tennis player.
He plays at the national level and wants
to go to college and play tennis.
We’ve home schooled our kids their
whole lives.
Do you have any other hobbies outside of work?
I enjoy spending time with my family. I enjoy boating. I like to spend time at
Lake Travis. I like to fish.
We enjoy the theatre. We attend
shows often and do a lot of reading.
With work and kids, it doesn’t leave a
whole lot of extra time.
I like working on old cars and things
like that. It’s part of what I grew up with. You find as you grow older that you
change, but there are certain things you
enjoy doing that never go away.
Do you still have family in Irving?
My aunts and uncles are in the Irving
area. The rest of my family is kind of
spread out.
I have a sister in Missouri. She lives in
Jefferson City. We try to get up there every year.
I have a brother who has been in the
Army for almost 30 years.
Jeff Hagar says great people make his job easier.
Have there been any surprises with
your job along the way?
I’d say it’s probably what I expected.
In our business, there are always surprises.
The one thing I love about construction is that it’s something different every
day. It’s not like we’re out there making
widgets. Every building is unique and the
people you work with are always unique.
Every day brings a new set of challenges. In that respect, it’s what I expected.
How many people did you first employ?
I think probably 25 or so when we
first started. We actually had some work
right away. We’ve always had estimating
and marketing in our Austin office. Dallas
provides our accounting, human resources, and IT support. Everything else we do
in Austin. We’re a little bigger than when
we first started. We have about 38 salaried people now.
Have there been many challenges?
I think the biggest challenge is the
fact that when you grow, you bring in
new people. In a hot market, it’s really difficult to find good people.
We pretty much exclusively work our
network to find people who would be a
good fit.
The opposite side is when the market turns and you have to tighten your
belt or don’t have enough work for everybody. You have to make some tough
decisions. That’s one of the bigger chal-
lenges.
The market in construction is up and
down. Building a consistent, profitable
business is the real challenge. You want
to be profitable in as many markets as
you can, whether the market is hot or
cold. If you keep the overhead low, you
can survive almost any market.
Did you always know you would eventually be running a company?
I think so. I’ve always wanted to have
my own business.
Are there any other goals you have,
professionally or personally?
Professionally, my goal is to preserve
our reputation, help our people grow,
and build our business in a way that it becomes self-sustaining. I believe if you do
these things well, it will happen.
Personally, I want to spend more
time with my wife and family. We look
forward to traveling more one day.
Is there anything else we should know
about you?
We have great people and that
makes my job easy. I can’t say enough
about the people who have helped make
us successful along the way.
Rogers-O’Brien Construction is a general
contractor that specializes in both public
and private work. –km
FREE ….
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SAFETY TRAINING
ABC Central Texas received an OSHA Susan B. Harwood Grant for
Roller/Compactor Equipment Safety. This class will help prevention
of injuries and fatalities to equipment operators through classroom discussion. Working on slopes, use of vibratory compaction, ROPS,
seat belts and loading/ unloading and more will be discussed.
Contact Janie Good or David Ford at
512-719-5263 to schedule this seminar
at your site!!
Central Texas
Chapter
Class available in English and Spanish
Austin Construction News • Aug 2010
Page 5
Fire proof
Meet the GC
T
he Central Texas
chapter of Associated Builders and Contractors (ABC) hosted
Meet the General Contractor Day July 14. Subcontractors and general
contractors
mingled
speed-dating style as ABC
director David Ford called
it, alternating from table
to table. About 48 construction professionals attended the event. –km
L-R: John Wiley, Century Fire Protection; Roel Zambrand and
William Feller, Titus Industrial Group; Duane Sees, Harvey
Cleary; Mike Jaggers Jr., Century Fire Protection;
and Nancey Anderson-Luth, Sprint.
L-R: Robert Holcombe, Wes Smith, Marco Vargas, John Randolph, Robbie Ashworth,
Sommer Roach and Christy Randolph
C
entury Fire Protection is a new
name to the area – an office
opened in Austin and Temple
about a year ago. The Austin location
opened in January and the Temple location opened last August.
Executive Vice President John Randolph has worked in the fire protection
field for 41 years. His past experience includes 35 years employed by Simplex
Grinnell and five years working for Firetrol.
Randolph didn’t always know he was
destined to work in the construction industry. The Smithville native started out
attending college at Sam Houston State
University to pursue a degree in accounting. It was a car accident that slowed him
down. He had to leave school and be
confined to a body cast for four months.
Shortly after, he began doing fire protec-
tion work during the summer months. He
eventually realized this was the field for
him, especially after he found out a friend
in accounting was making the same
money as he was.
“It is fulfilling to watch a project go
from dirt to the inception,” Randolph
said. “This has been a good, challenging
field.”
Randolph lived in other cities for a
while, but he is now back in Smithville at
the ranch he bought from his family. One
of his favorite pastimes over the years has
been raising longhorns and showing
them with his granddaughter. He and his
wife Christy, who also works at Century,
have three children and seven grandchildren.
Century specializes in fire extinguishers, fire alarms and more for commercial
projects. –km
Water works
F
Owner and founder of Aqua Structures, Ebbn Milks
ounder of Aqua Structures, Ebbn
Milks, has found a way to combine
entrepreneurship, water and construction in one with his company.
The Austin native obtained a degree
in finance from Colorado State University
in Fort Collins and moved back to Texas.
He had worked for a pool company
during the summer since he was 18. He
also has a background in remodeling.
Milks decided to make both construction
and water design his career.
When he came back to the area, he
founded Liquid Assets Custom Pools
and Landscape, which is still around.
About two and a half years ago, he decided to partner with TechCrete Contracting, Inc. and Dingo Excavating &
Demolition while starting Aqua Structures. Some of their work has included
local water parks, water areas in zoos and
even a dance floor in Austin with an
aquarium below the glass floor.
“I enjoy being creative and doing
things I typically wouldn’t do on my
own,” Milks said.
Remodeling is a pastime for Milks
even when he isn’t working. He also enjoys outdoor activities such as hiking and
biking.
“I am very passionate about what I
do. I do a lot of construction and remodeling,” Milks said.
He said one aspect he enjoys about
his job is the scenery.
“It is so much fun being able to work
in an environment that usually has the
most breathtaking views. They are million dollar backdrops,” he said.
Aqua Structures specializes in water related construction for both commercial and
residential projects. –km
L-R: Matthew Knippa, Insurance Network of Texas; Jeff Hartnett, Fringe Benefit Group; Kyle
Sangisnet, Flooring Solutions; Mike Miller, Flooring Solutions; Jeff Hagar, Rogers-O’Brien
Construction; Chris Hill, Equipment Depot; Mike Clearley and Rick Slater, Slater Painting
Page 6
Austin Construction News • Aug 2010
Protect yourself from
identity theft
How the health care reform law
affects your company
Dustin K. Gersch, AAMS
Edward Jones
Austin, TX
George Stavinoha, CPA
Weaver
San Antonio, TX
F
irst, the bad news: There’s still plenty of identity
theft out there. And now, the good news: You can
do a lot to protect yourself from being victimized.
If you’re not familiar with the concept of
identity theft, it basically involves someone
getting some pieces of information about you - name, Social Security
number, credit card numbers, “pre-approved” credit card offers - and
using this data to make purchases or withdraw funds from your accounts.
Identity theft is one of the fastest
growing crimes in the U.S. Over 10 million
individuals become victims each year
with over $50 billion in losses per year - 90
percent loss to businesses and 10 percent
loss to individuals.
In 2009, some 11.1 million Americans
were hit by identity fraud - that’s a 12
percent increase over 2008 and a 37
percent rise since 2007, according to
a study conducted by Javelin Strategy
& Research. With the rapid increase in
identity theft, more people should act to
protect themselves. How can you reduce
the chances of being victimized by
identity theft? Here are some suggestions:
Shield your credit card from
prying eyes and ears. Thieves can now
use camera cell phones to take photos
of your credit cards while you’re making
purchases. Don’t pull your credit card
out from your wallet or purse until the
moment you’re going to use it, and put
it away after it’s used. If you’re making
a contribution over the phone to a
political or non-profit group, don’t give
out your credit card number unless
you’re sure the organization is legitimate.
Use secure sites when shopping
online. Before giving out your credit
card number to make a purchase on the
Internet, make sure you’re on a secure site
- one that begins with https://. (The “s”
stands for “secure.”) Also, the site should
display a small lock or other security seal.
Shred those documents. If
you are purging old investment
statements, tax returns and bank
documents, use a shredder. And while
you have the shredder out, use it
on pre-approved credit card offers.
Go “virtual.” Try to replace paper
statements from banks, financial services
providers and credit card issuers with
online versions. Many businesses will be
quite happy to save the cost and expense
of mailing account statements to you.
Check your bank statements.
Whether you get your bank statements
online or on paper, check them at least a
few times a month. If you find a transaction
that looks unfamiliar or questionable,
call your bank to find out more details.
Get your credit report annually. To
request a copy of your credit report, you
can call the three main credit bureaus:
Equifax (1-800-525-6285), Experian (1888-397-3742) and Trans Union (1-800680-7289). Check your report closely
for “surprises” or unaccounted activity.
Guard your personal information.
Don’t carry around your Social Security
card in your wallet. In fact, unless it’s
truly necessary, as when you’re filing
official papers, don’t give out your Social
Security number. Also, change the PIN
number on your cash card once in a while.
Identity
thieves
are
clever
– so do whatever it takes to
keep them out of your life.
Dustin Gersch is a financial advisor
with Edward Jones. He specializes in
individual and business retirement
plans within Austin and surrounding
areas. For more information, he
can be reached at dustin.gersch@
edwardjones.com or 512.249.0934. –dn
T
he health care reform law—all 2,300 pages of it— is sweeping in its scope, sometimes confusing and many of the regulations governing employers are still being
written.
Still, the legislation will obviously
bring considerable change to the way
both small and large companies provide
health care coverage to their employees.
Construction companies of all sizes need
to be aware of the broad contours of the
bill so that they don’t get whipsawed by
some of the penalties imbedded in the
legislation.
What follows is a brief synopsis of
some of the issues that companies need
to be aware of regarding health care coverage for their employees as well as some
tax benefits available to small businesses.
First, many business owners seem
unclear as to whether their companies
will even be required to provide health
care coverage for their workers. Broadly
speaking, the rule is this: Companies with
fewer than 50 employees will not be required to provide coverage. This exempts
these small businesses from the employer requirement.
However, companies with 50 or more
full-time employees are required to provide coverage by 2014 and will be subjected to a stiff penalty if they don’t. The
penalty is $166.67 per month multiplied
by the number of full-time employees
over a 30-employee threshold. (For example, a company with 100 employees
would be subject to penalties on 70 employees.) And just to add insult to injury,
the penalty is not tax deductible.
Secondly, companies need to be
aware that they might be affected by
some of the new provisions in the legislation that seemingly have nothing to do
with health care. For example, one provision imbedded deep in the legislation,
which has gotten little attention, might
cause a serious paperwork headache for
businesses.
Companies in 2012 will be required
to file 1099s with the IRS for payments
made to another person, including corporations, for all goods and services purchased in a calendar year above $600.
This means your suppliers, including office supply companies, may have to be
issued a 1099. This may be a good time to
get serious about streamlining and automating your bookkeeping processes.
The new law does provide some tax
credits for small companies with 25 or
fewer employees starting in 2010. To
qualify for the credit, the average annual
salary of the employees must be no more
than $50,000 and the company must offer all employees health insurance and
pay at least half of its costs.
For example, a company with 10 or
fewer employees and average salaries of
less than $25,000 will receive the full
credit of 35 percent of what they spend
on health care. Companies with 10 to 25
employees will get partial credit.
Three revenue-raising provisions of
the law (there are many more) include
the following:
• Higher taxes will be imposed on high
income individuals, many of whom are
small business owners. Beginning in
2013, the Medicare tax rate is increased
by 0.9 percent for an individual earning
more than $200,000 ($250,000 for couples). Also, there will be a 3.8 percent surtax on unearned income in excess of
$200,000 ($250,000 for couples).
• There is a penalty for larger companies
whose health plans are too expensive. If
100 employees opt out of a company
plan and purchased coverage cheaper
somewhere else, say, from an insurance
exchange, the company would be subjected to a penalty of $250 times 100 employees, or $25,000 a month.
• Beginning in 2013, the amount of contributions to health FSAs under cafeteria
plans will be limited to $2,500 per year.
While companies must navigate
through a myriad of new regulations, insurance providers and employers with
self-insured plans will be responsible for
a lot of the requirements.
There are many other changes that
will be affecting companies and their
employees in the coming years. Hopefully, this will give you a little heads up so
that you are prepared.
George Stavinoha, CPA, is a senior
manager in tax and strategic business for
Weaver, an independent regional accounting firm with offices in San Antonio, Dallas,
Fort Worth, Houston, Austin, Midland and
Odessa. He can be reached at
[email protected]
or
210.572.3719. www.weaverllp.com. –dn
Submitted to Construction News
ABC in Washington, D.C.
Representatives from the Austin and San Antonio chapters of Associated Builders
and Contractors (ABC) are pictured at a meeting with Congressman Lamar Smith
in his Washington, D.C. office. Members from all over the country attended the
National Legislative Conference in Washington Jun 15-17. David Ford, Bob Duda
and Brian Lofton represented the Central Texas Chapter. –km
Austin Construction News • Aug 2010
Page 7
OSHA
How to recoup your retainage
Joe R. Basham, Partner
Allensworth & Porter, LLP
Austin, TX
C
ontractors frequently ask for advice about recouping
retainage from the owners. In today’s economic climate, it can be difficult to get the retainage released,
and it may not be the owner’s fault. More lenders are
withholding retainage, for their own reasons, which
causes frustration down to the subcontractors. There are not any “silver bullets” but
here are several options to help in recouping retainage.
Pre-Contract Options
On private projects, the Property
Code says an owner must hold 10% of
the contract price or 10% of the value of
the work until 30 days after final completion, which means all punch work has
been completed. If the owner fails to
hold retainage, it could be liable to subcontractors, and end up paying 110% for
the project. This is one reason why owners (and lenders) are reluctant to release
retainage. Before the contract is executed:
1. Negotiate less than 10% retainage.
On large projects, owners frequently
agree to hold 10% retainage until 50%
completion, and then no, or possibly 5%,
afterwards. This allows the owner to
judge the contractor’s performance before deciding to release retainage, later.
Some clients have given the owner two
prices: one if retainage is withheld and
one if there is no retainage.
2. Secure a payment bond. An owner is
not required to withhold retainage if a
payment bond has been purchased and
filed in accordance with the Property
Code. And more often than not, the cost
of the bond is paid by the owner, which
liquidates the cost of withholding retainage.
3. At the very least, be sure the contract
specifies exactly when retainage will be
released. Although the Property Code
requires an owner to withhold retainage
until final completion, some owners are
willing to release it early if everything has
gone smoothly. Either way, both parties
should know exactly when retainage is
supposed to be released.
4. Agree to escrow the retainage. Although I know of no one that has employed this idea, retainage could be
placed in escrow, giving the owner comfort that it has complied with the Property Code, and satisfying the contractor’s
desire to “see the money.”
Post-Contract Options
After the project is completed, recouping retainage from the owner can
be tricky. The most common method of
coaxing money from the owner is to file a
lien, which can lead to litigation in which
case, the contractor may have some other statutory remedies available.
Mechanics’ Lien. In order to perfect
a mechanics’ lien claim, you must (1) send
all required notices, if required; and (2)
file an affidavit claiming lien not later
than the 30th day after the work is completed. Numerous articles have been
written on how to perfect a lien, but it is
probably the most common, and arguably, the most cost-effective way to recoup retainage.
Prompt Pay Act. Texas law requires
owners to pay general contractors within
35 days of the request. Contractors must
pay subcontractors within seven days of
receiving payment. If payment is not received within that time, it may be a violation of the Prompt Pay Act, for which the
contractor can recover interest at the rate
of 1-1/2 percent each month (18% per annum).
Trust Funds. Payments from owners to general contractors, and from contractors to subcontractors are considered
trust funds. Recipients of these funds are
trustees, and must use the payments for
the benefit of the project. In other words,
payments from the owner cannot be
used on other projects. Misuse or misappropriation of these payments could result in civil and criminal liability.
It is not uncommon for issues to arise
at the end of the project and for the owner to withhold retainage. If those issues
cannot be avoided, it may become difficult to recoup retainage. And it may not
be the owner’s decision. Up-front negotiations over the amount of retainage to
be withheld, whether a payment bond is
to be provided, and when retainage will
be released can improve your chances for
streamlining final payment. If all else
fails, contractors must resort to filing
liens, and possibly filing suit, which does
not guarantee the money will be there, at
the end of the day.
OSHA’s emphasis program
for heat illnesses
Joann Natarajan, Compliance Assistance Specialist
OSHA
Austin, TX
O
SHA has announced an emphasis program to prevent
hot environmental temperatures from adversely
affecting employees working outdoors. The emphasis
program is targeted to keep employees from developing
heat cramps, heat exhaustion, and heat stroke.
OSHA will utilize heat advisories from
the National Weather Service to identify
dangerous outdoor conditions and
make sure employers take appropriate
precautions to address the associated
hazards. The National Weather Service
issue heat advisories on days when
they determine that the predicted daily
maximum temperature will be 105
degrees Fahrenheit or greater for two
consecutive days and the night time
minimum temperature will be at least 75
degrees Fahrenheit.
OSHA expects employers to take
precautions to address the hazard of
heat stress on the job site. The heat stress
precautions include training workers
on the hazards of hot environmental
temperatures, making appropriate first
aid available, having drinking water
available, and having made provision
for prompt medical attention if a heat
related illness occurs.
Heat stroke, the most serious
health problem for workers in hot
environments, is caused by the failure
of the body’s internal mechanism to
regulate its core temperature. Sweating
stops and the body can no longer rid
itself of excess heat. Signs include (1)
mental confusion, delirium, loss of
consciousness, convulsions or coma; (2)
a body temperature of 106 degrees F or
higher; and (3) hot dry skin which may
be red, mottled, or bluish. Victims of heat
stroke will die unless treated promptly.
While awaiting medical help, the victim
must be removed to a cool area and his
or her clothing soaked with cool water.
He or she should be fanned vigorously
to increase cooling. Prompt first aid can
prevent permanent injury to the brain
and other vital organs.
Heat exhaustion results from loss
of fluid through sweating when a worker
has failed to drink enough fluids or take in
enough salt or both. The worker with heat
exhaustion still sweats but experiences
extreme weakness or fatigue, giddiness,
nausea, or headache. The skin is clammy
and moist, the complexion pale or
flushed, and the body temperature
normal or slightly higher. Treatment is
usually simple: the victim should rest
in a cool place and drink an electrolyte
solution (a beverage used by athletes to
quickly restore potassium, calcium, and
magnesium salts). Severe cases involving
victims who vomit or lose consciousness
may require longer treatment under
medical supervision.
Heat cramps, painful spasms of
the muscles, are caused when workers
drink large quantities of water but fail
to replace their bodies’ salt loss. Tired
muscles are usually the ones most
susceptible to cramps. Cramps may occur
during or after working hours and may
be relieved by taking liquids by mouth or
saline solutions intravenously for quicker
relief, if medically determined to be
required.
[email protected]
512-374-0271 x232
Joe Basham is a partner with Allensworth & Porter, L.L.P. in Austin, Texas. He
represents general contractors, subcontractors, owners, architects, and engineers, and
can be reached at [email protected]. –dn
Construction News ON LOCATION
Settling in
The staff at Powell Development Inc. have settled into their new location at
2007 Sam Bass Road. They were previously located near Volente Beach in
Austin. L-R: Raye Ellen Johnson and Greg Powell. –km
/(:46=,+
9LZLHYJO)S]K
(\Z[PU
0U[LYZLJ[PVUVM
)\YUL[9K/^`
Page 8
Austin Construction News • Aug 2010
DBIA officers announced
T
he Design Build of America’s (DBIA) Southwest Region has announced its officers for the 2010-2011 term. The board members
will oversee the region’s education and certification program for
individuals and practitioners of the Design-Build (D-B) method of
project delivery, which embraces architecture, engineering and construction services under a single contract, thereby integrating the
roles of designer and constructor. -rd
Chair: Drew Yaggy, P.E., TDIndustries, Inc., Dallas
Vice Chair: Douglas Herbst, Brown and Caldwell Constructors,
Houston
Secretary: Thomas Statzula, B & D Industries, Inc., Albuquerque,
NM
Treasurer: Hugh Sanford, LEED AP, The Beck Group, Austin
Immediate Past Chair: David Bloxom, Speed Fab-Crete, Fort
Worth
Abstract ideas
D
Owner of Abstract Concrete, LLC, Dillon Roberts, looks forward to working
with Austin residents and business owners.
illon Roberts, Abstract Concrete,
LLC is an artisan who has developed a passion for decorative
concrete.
Roberts grew up in Louisiana. He was
born in Galveston and has family in the
area. He moved back to Austin in 1999
and later returned to Louisiana in 2005.
Prior to getting into the construction industry, he worked for non-profit organizations in Texas and Louisiana.
After Hurricane Katrina hit, Roberts
decided to help with flooring replacement. While in Louisiana, a friend requested him to do stained concrete in
her home, which initiated his career.
“I wasn’t scared to dive in and get
crazy with it. It is a really fun way to be
creative, be an artist and make a living,”
Roberts said.
Roberts said this incident during the
hurricane actually inspired him to start
his own business in concrete staining. He
began doing commercial and residential
work in Louisiana in 2007 and when he
moved to Austin in March, 2010, started
Abstract Concrete, LLC. From regular
stained concrete to creating the look of
an ocean floor, Roberts is able to use his
artistic abilities. When not working on
floors, he is also a sculptor and a musician.
“Oftentimes, I can be creative and
the client lets me take the project and
run with it,” Roberts said.
Roberts also hired a recent graduate
from the University of Texas, Jon Lerner,
to assist with the business and accounting side of the company.
Abstract Concrete, LLC specializes in
patch & seal, exterior acid stain, faux with
design work, interior acid stain, stamped
concrete and more. –km
Austin Construction News • Aug 2010
Page 9
Hot summer action
by Capt. Steve Schultz
Sponsored by:
Trans Sport Boats, Yamaha Outboards, Ronnie’s Marine,
Minn Kota Trolling Motors, Power Pole Shallow
Water Anchor, Interstate Batteries, Pure Fishing,
Pflueger Reels, All-Star Rods, Mirr-O-Lure,
FINS Braided Line and Columbia Sportswear.
W
ell, things are slowly getting
back to normal around the
Coastal Bend after the tropical
weather we received over the past few
weeks. The high water in the bays has
slowly receded and our tides are getting
back to normal. We were so blessed
to get these timely rains and stormed
surges to flush out bay systems and help
keep salinity levels in check. I know there
were a lot of folks south of us along the
border that didn’t fare so well from these
storms and our thoughts and prayers go
out to them, but I’m optimistic that the
long term conditions will improve fishing
for everyone.
Let’s move on to what to expect for
the next few weeks of fishing. We will
continue to work the areas in the Upper
Lagoon south of the JFK Causeway to
Jack Ballard of San Antonio caught this 25” speckled
trout just south of the JFK Causeway on live croaker
fishing with Capt. Steve Schultz.
Baffin Bay. This stretch of the bay is still
producing good boxes of trout and reds
along grass edges and sand pockets with
croakers and piggys. The key to catching
these fish is to stay on the move. With
the water clarity being so clear, you’re not
going to catch as many fish in one spot
as you would if it was a bit more off-color.
Fish seem to be a little more comfortable
in dingy water because they can’t see you
and your boat.
Another benefit to a successful
fishing trip is to get an early start. Low
light conditions have proven to be key
factors in a getting a good start to your
day, not to mention fishing some of the
more popular spots before boat traffic
scatters the fish in the area. Use cloudy
days to your advantage when planning
your next move. I’m always thinking
Ryan Railsback of San Antonio caught this 30.5” speck
during the ASA Fishing tournament last month with
Capt. Steve Schultz. The fish will be sent to the
taxidermist to be mounted.
ahead for my next move. Study the area
while the sun is bright and make sure
you’re going to be set-up correctly. If you
try to move while a cloud is blocking the
sun, you’re probably not going to be in
the right spot, therefore having to move
again and fouling up the area. Another
area not to overlook is the wells out
in Corpus Christi Bay. These platforms
scattered throughout the bays are good
summer spots that produce specks and
several other species of fish. With the
lighter winds we have been having, a day
on CC bay may prove to be a good move.
Moving on further south, the Baffin
Bay complex is still producing some
good fish. The deeper rocks seem to
be the most popular spots with water
temperatures nearing 87-88 degrees
by mid-day. Wade fishing can be very
effective early mornings and late
evenings in the shallower areas of east
Kleberg and Starvation point. Another
area not to be overlooked is the badlands
at the mouth of the bay. Shallow grass
beds and scattered rocks have been
producing both reds and trout on live
croakers.
To schedule your next bay fishing
trip give Capt. Steve Schultz a call at 361949-7359 or 361-813-3716, or e-mail him
at
[email protected].
Good luck and Good Fishing.
Submitted to Construction News
Hog heaven
STEVE SCHULTZ OUTDOORS, LLC
BAFFIN BAY –– LAGUNA MADRE –– LAND CUT
SPECKLED TROUT –– REDFISH –– FLOUNDER
FISHING AND HUNTING TRIPS
(361) 949-7359
www.baffinbaycharters.com
[email protected]
Mark Schmidt, H&E Equipment, showcases the hog he recently
hunted with his bow and arrow. –km
U.S. Coast Guard &
Texas Parks and Wildlife Licensed
Page 10
Austin Construction News • Aug 2010
Ken Milam’s Fishing Line
Sponsored by Tropical Marine and Honda Marine
My name is Ken Milam and, for the past 26 years, I have been guiding fishing trips for striped bass on
Lake Buchanan in the Texas Hill Country. Over the years, I’ve had the opportunity of getting to know
a good many folks in the construction trade.
What a difference
a year makes!
I
just came back in the house with
both arms full of peaches the size of
softballs! Last year that poor little tree
only had three knotty little peaches on it.
I look out the window and there is green
everywhere I look, not like the winter on
Mars landscape and blistering heat we
endured last summer. The lakes may not
be exactly full, but they are so much better
that I do believe we will be able to finish
out the season running fishing trips from
our home dock, instead of wandering
the empty lake bottom with our boats
dragging along, looking for a safe place
to launch like homeless gypsies.
Good riddance to that drought! I
know, it’s not gone for good, (in Texas it
seems there is almost always a drought in
the near future), but it’s gone for now and
that’s good enough for me!
Lake Buchanan is full of life again.
We have schools of tiny fish where we
only had dust and grasshoppers last
year. When the lake first started coming
up over the weeds and brush, all that
vegetation soured and smelled awful
for a while. As the process of decay
progressed, the algae bloomed, turning
the water bright green.
The fish spawned and from the looks
of it most of their babies made it. We
even had a school of gar haunting the
dock area for a few weeks that started
out the size of a pencil and were about 16
inches long when they headed for open
water. It was a sight to watch that pack of
deadly hunters lying around sunning on
the surface and lazily chasing baby shad.
Fishing is steadily improving as the
normal order of things returns. Fish
find their way to their new homes and
re-establish their schools and territories
and begin to fall back into their normal
seasonal patterns, but not without a few
hiccups along the way.
Consistent feeding patterns are still
not strong yet. We are seeing good solid
fishing with days when the fish just won’t
bite at all sprinkled in. When fishing is
good we get a preview of the kind of
fishing we will have as our smaller fish
feed on the bumper crop of shad we have
and get some more size to them. The
hybrid stripers that have been privately
stocked to supplement the normal striper
stocking program are finally getting to be
keeper size and they are already putting
up a good fight…just wait, it’s gonna get
a whole lot better. Just look at lakes like
Falcon and O.H. Ivie and the number of
Share Lunker bass they are producing!
I’m going to go have me one of
those ripe juicy peaches and try to forget
all about that drought. It is really nice
to be on a lake that is in the process of
rebuilding to become one of the state’s
best fisheries!
Submitted to Construction News
Relaxation, celebration
Sunrise on Lake Buchanan
Ken Milam Guide Service
(325) 379-2051
www.striperfever.com
Greg Powell, Powell Development, and his wife Deborah Powell, enjoyed some time at
Lake Travis on the Fourth of July while barbecuing with family and friends. –km
Austin Construction News • Aug 2010
Page 11
Submitted to Construction News
Submitted to Construction News
Family fun
Salmon king
Steve Wilson, owner of The Pipe Ranch in Georgetown, reeled in a 16 lb., 34-in. King
(Chinook) Salmon Jun. 30 on the Takeetna River in Alaska. –km
Submitted to Construction News
Chad Gallagher, Seretta Construction, had some fun with his wife and daughter at
Canadohta Lake in Pennsylvania July 4. L-R: Amy Gallagher, Kinsley Gallagher and
Chad Gallagher. –km
Summer time
Submitted to Construction News
Fishing partners
Dan Bishop and his
wife, Stacy Bishop,
ModernCrete
Concrete Design, showcase the fish they
caught on a recent trip.
Stacy’s
largemouth
bass weighed in at 5
lbs. and Dan’s weighed
8 lbs. –km
SEND IN YOUR PHOTOS . . .
fishing, hunting, skiing,
biking, racing, or
any outdoor activity or sport.
Robin De Haven, Binswanger Glass, shares a summer day with his son, Bryden.
They visited the Austin Zoo. –km
Page 12
Austin Construction News • Aug 2010
Austin Construction News • Aug 2010
Page 13
What fad do you
remember most?
A trend in the air conditioning business
that I remember is electrostatic filter. People would put filters in their house that
you could wash out with a hose. I remember it being really big the early 90’s and I
don’t know what ever happened to it.
Chris Dees, Standard Supply
One fad I remember that cracks me up is
the bellbottom jeans that everyone used
to wear.
Todd White, Gajeske Inc.
Big hair is always big in Texas. I don’t
think it’s necessarily a fad as it is a way of
life for some people.
Lori Bagliore, Tony Bagliore Concrete
The bellbottom pants and the big afro
hairdo. I was raised in the country, but everyone had the bellbottoms unless you
were really country.
John Randolph,
Century Fire Protection
I remember CB radios. Traveling to California in the 1970’s, I was able to witness
the height of the CB radio craze. Another
fad I remember is avocado colored toilets. Hopefully those won’t come back.
William Biggs, Biggs Plumbing
Slap bracelets.
Kim Barnett, Platero LLC
Shag carpets and lava lamps. I never had
a lava lamp, but they were pretty cool.
David Chalmers,
Good Works Construction
Bellbottom pants and hip huggers were
big when I was in junior high school.
Rhonda Dowdy, S&D Plumbing
Acid wash jeans and rat tails (hair style)
together. I did have a rat tail when I was
about 11. I’m pretty sure I had acid wash
jeans too.
Dillon Roberts, Abstract Concrete
Eight-track tapes and parachute pants.
Laura Culin, Austin Lumber Company
Mohawks.
Austin Cykala, Martin Instrument
I graduated in the class of 2000 in a small
3A high school in southeast Texas. A couple of fads that I remember during my
school years are Trapper Keepers, Jansport backpacks and those little koosh
balls everybody used to have.
Jeremy Burrell, United Rentals
American Girl dolls were extremely popular among all of the girls. That is probably the most memorable fad for me. I still
have American Girl dolls and porcelain
dolls that I collected as a young girl.
Kristen McLaughlin,
Austin Construction News
Concierge, convenience,
construction
T
he tagline for Platero
LLC is ‘making convenience part of your
lifestyle’. Owner Carlos
Platero Jr. has been operating the company in Austin
for three years and owned a
similar business in his home
city of Los Angeles for 12
years.
He is an interior designer and licensed contractor by trade and director of
the company, but all of the
employees wear different
hats. With their key word
Owner of Platero LLC., Carlos Platero Jr.,
being convenience, they asenjoys helping people in Austin.
sist both commercial construction companies and homeowners back riding, sports and traveling. He even
with landscaping, clean up and many occasionally enjoys his hobbies with his
clients.
other tasks. Platero has lived in Austin since 2006. The staff of 20 people, includes deSince then, he has been establishing his signer Kim Barnett and Will Lucas, who
business in the area. Not only does he of- spearheads the concierge department.
fer his services, but he believes in con- Platero said the office has a family atmosphere to it. The staff keeps in touch durnecting people to other services as well.
“We are connecting people constant- ing all hours of the day, tossing ideas
back and forth.
ly. It’s what we do,” Platero said.
Platero said his goal is to continue to
They are in contact with subcontrac- tors and general contractors on projects connect with even more people in the
and even list their partners on their web- Austin area.
Platero LLC specializes in interior desite.
“We all need to help each other out,” sign and architecture, design build and
concierge services. –km
Platero said.
In his spare time, he enjoys horse-
 Location

Location
 Location
 Location
Publishing the Industry’s News . . .
TEXAS Style
New electricians
Dallas/Fort. Worth
Austin
San Antonio
Houston
Home Office
(210) 308-5800
www.constructionnews.net
The 2010 IEC Graduates
The Independent Electrical Contractors Association (IEC), Centex Chapter
graduated 47 apprentices into the electrical workforce Jun. 30. This was the 10th
annual graduation celebration and largest to date. IEC Central Texas has
completed 246 apprentices since they started the training program in 1997. IEC
honored Eleazar Trevino at the event with an instructor ring for 10 years of service to the chapter apprenticeship program. –km
Page 14
Austin Construction News • Aug 2010
Two decades in business
New state leadership
T
he Plumbing-Heating-Cooling Contractors Association (PHCC) elected new officers for 2010-2011 during their annual convention Jun. 26 at The Woodlands Marriott Waterway Hotel. –dn
Owner of Good Works Construction, David Chalmers, is in his 20th year in business.
D
avid Chalmers, Good Works
Construction, has kept himself
busy with his business in Austin.
Chalmers started his business in 1990
and his been working in construction for
about 28 years.
The construction professional grew
up in Dallas and learned good work ethics since he was 11, always doing work of
some kind. Shortly after high school, he
worked on wooden boats at a marina.
“I have always worked with my
hands,” Chalmers said.
He left construction for a short while
to try his had in the restaurant business,
but he realized construction was what he
loved and does best.
“I have always enjoyed building
things over the years,” Chalmers said.
Chalmers moved to Austin in the late
70’s but returned to Dallas during the
1980’s when the economy was suffering.
He returned to Austin in 1989 and met his
wife shortly after.
When not working, Chalmers enjoys
his woodworking hobby, and enjoys
spending time with his wife visiting area
lakes. They also travel back to his wife’s
home state of Kansas and to California,
where her father lives.
Before starting his own business, he
gained experience in drywall, tile and
other areas of construction. He realized
he wanted to own his own business and
now provides a variety of services
through Good Works Construction.
Good Works Construction focuses primarily on dry wall in the commercial realm
of construction. –km
Officers and board of directors:
President: Barry Bankler, Gibson Plumbing, San Antonio
President-Elect: W.B. Maples, Cove
Plumbing, Copperas Cove
Secretary: Rob Jalnos, Steve’s Plumbing &
Heating, San Antonio
Treasurer: Ray Jones, Raven Mechanical,
Houston
Immediate Past President: Doug Turner,
Doug Turner Plumbing, Sugar Land
Zone Directors:
Zone A:Frank Willburn, Frank’s Repair
Plumbing, Amarillo
Zone B: Rick Shelton, Shelton Plumbing,
Waco
Zone C:
Milton Frank, Milton Frank
Plumbing, Spring
Zone D:Pat Freund, Primo Plumbing,
San Antonio
Zone E: John Lane, J.P. Company, El Paso
Chapter Directors:
Amarillo: Dickie McCurdy, MMM Plumbing, Heating & A/C, Amarillo
Austin: Stephen Cox, Cox Plumbing, Austin
Gulf Coast: Phillip Johnson, Air-Care
Southeast, South Houston
North Texas:
Lee McFarland, Herndon
McFarland Plumbing, Addison
San Antonio: L.W. Tschoepe, Jr., Guarantee Plumbing, San Antonio
Waco: James Urbanek, Lochridge Priest,
Waco
At Large: Craig Lewis, R.E.C. Industries,
College Station
Associate Director: Marty Kamerbeek,
Moore Supply, Houston
Austin Construction News • Aug 2010
Page 15
Service Providers
Staying strong
Keith Stanfield, Branch Manager
Ahern Rentals
Austin, TX
H
ow would you describe the state of the construction industry?
I would say right now that it’s still coming back. The
market is slowly climbing back up. We haven’t seen a
major increase, but it’s a slow and steady rise.
Have you seen an increase or slowdown at your company?
We have seen an increase in the last
two or three months and it actually
wasn’t as bad as we thought it would be
at the beginning of the year.
What factors are driving this increase?
I’m not really sure. For a while, we
were hearing about jobs being put on
hold. I’m not sure if maybe they have released the chokehold on that. On my
side, I don’t hear as much about why it
changes.
Has this increase affected how you
conduct business?
For the company in general, it has
made a big difference. Our utilization has
gone up throughout the whole company.
We’ve gone up between 20 and 25 percent in the last few months. We’re hiring
more mechanics and starting to hire
more drivers. We’re seeing the light. It’s
just slow.
What are some of the challenges you
are facing?
One of the major challenges we are
facing is getting the rates back up. They
have dropped drastically. We’re also trying to hire more people, but we’re not
sure if the economy is going to continue
at this pace. We’re still new to the Austin
PEOs - Helping construction
companies build a better future
Mark Mettille, Owner
M2PEO Solutions
Dallas, TX
P
EO history. It is likely that many construction company owners and office managers may not have
heard of a PEO (Professional Employer Organization).
Although the concept originated as early as the 1940’s, PEOs didn’t become popular
until the 1980’s. PEOs were developed out of the need to help small to mid-sized business owners increase profitability, maximize employee productivity, reduce time
spent on human resources, share liability, and ultimately reduce overall labor costs.
PEOs currently operate in all 50 states and are regulated by both federal and state
guidelines.
Core principals. Most construction companies partner with a PEO in order to
streamline their operation. Owners who
utilize PEO services spend less time
“pushing paper” and more time focused
on their bottom line. The PEO assumes
many of the non-revenue generating
tasks every company must perform to
operate. This allows the company to do
what they do best - focus on growing
their business! Nonmoney making tasks
such as weekly payroll administration,
transactional HR, benefits administration, and government compliance are
transferred to the PEO. Construction
companies partner with the PEO to share
employment liability of their W-2 employees. Owners no longer have to wear
the “boss’ bulls-eye” on their back every
day with total liability.
Cash flow. Cash flow is the primary concern for most of the construction owners
with whom I consult. A key advantage of
working with a PEO is that there are no
longer large down payments or audits on
workers’ comp insurance. Owners aren’t
forced to hand over any down payment
to start coverage. They simply “pay as
they go” for workers’ comp, which may
keep tens of thousands of dollars in hand
to grow their business. This can be extremely helpful in a down economy, especially for companies carrying expensive highrisk workers’ comp.
Expertise. Most construction owners I
advise openly admit they are unfamiliar
with ERISA, FMLA, or ADA laws, or if they
are in compliance with the most current
labor laws. That’s because they are
pulled in so many different directions
each day simply trying to run their companies. They just don’t have enough
time! Business owners are typically great
at their given construction trade, whether it be pouring concrete, steel erection,
roofing, etc., but they know they are not
HR, Benefits, Payroll, or Tax experts. This
is where they can lean on the PEO’s professional team and expertise to know
they are in compliance and that things
are being handled properly.
Additional benefits. Especially in the recent difficult economic times, many owners have seen a dramatic difference in
how a PEO can stabilize their overall labor
costs. One piece of this equation is keeping the company’s SUTA (State Unemployment Tax) rate as low as possible.
area. We’ve been here for about two
years.
We are still trying to hire new people,
ride out the state of the economy and
grow the branch. We have been riding
away, but we’re just waiting to see what is
going to happen.
How do you deal with the challenge?
We have to hire good sales representatives. That way, we can hopefully increase our customer base so we can continue to hire more employees. We just
have to keep growing and ride it out.
What are the major changes in the industry in recent years?
The biggest change is the increase in
rates. Everything else is about the same.
We still have the same services. Even
though they are getting better rates, customers still want the same services. You
have to put out twice as much to get the
same money you used to make.
Are you seeing any labor shortages?
No. We started lean when we opened
the market. We didn’t come in and hire a
bunch of people, but we are growing
now.
I think the biggest reward for us right
now in this company is surviving the
downturn. There are a lot of companies
that haven’t been able to make it while
we are seeing a turnaround. The biggest
reward for us is that we still have jobs and
have made it through one of the toughest times.
In general, we also get the gratification of being able to make it happen
when customers need something. We’re
able to get everything done in the time
frame we have. It makes us happy to see
the customers happy.
What are keys to being successful in
the industry?
First and foremost, communication
is key. You have to communicate with
your own team and with the customers in
order to experience success. If you promise them a delivery time or a piece of
equipment, live up to it. They are usually
understanding if there is a change, but
you have to communicate and be honest
with them or you will lose a customer
within a matter of minutes.
Ahern Rentals specializes in equipment
rentals and service. They have locations
throughout Texas and the U.S. –km
What are the rewards of the industry?
Many construction companies experienced higher than usual lay offs in the
past year. Those partnered with a PEO
saw very small, if any, SUTA increases because of the PEO’s ability to weather the
unemployment storm. On the other
hand, many stand-alone businesses saw
large increases and some had their SUTA
rate double in 2010. PEOs not only assist
in dealing with unemployment claims,
they also provide employee handbooks
and safety manuals specific to their clients needs. These are two critical items
that are sometimes overlooked in the
blue-collar sector.
PEOs and their future in construction.
The simple fact is that our current federal
and state administrations are not making
it any easier on business owners to run
their companies. New laws are being
passed every year, and the amount of red
tape, government compliance, and timeconsuming HR tasks are only going to increase. In a PEO partnership, owners get
back their time and can sleep better at
night knowing one team of professionals
is there to help them navigate the ever
changing landscape of being an employer. Most owners realize that they don’t
run their company exactly the same way
they did five years ago or even two years
ago. With new legislative changes impacting construction companies such as
healthcare reform, new labor laws, and
increased jobsite liability, it’s no wonder
why so many owners are looking to partner with a PEO to gain a competitive advantage. Could partnering with a PEO
benefit your company’s future?
Mark Mettille is the owner of M2 PEO Solutions. M2 assists Texas construction and
blue-collar companies with solving employment problems in the areas of payroll,
HR, workers’ comp, and safety/risk management.. For more information please
contact Mark at: 817-488-7020, mark@
m2peo.com, or www.m2peo.com. –dn
Page 16
Austin Construction News • Aug 2010
Service Providers
Filling construction
staffing needs
Casey Wenzel, Branch Manager
Marek Employment Management Co. (MEMCO)
Dallas, TX
W
hat services does MEMCO provide to the construction industry?
We specialize in ‘temp-to-perm’ staffing, but also
provide full-service direct hire recruiting, temporary labor, and payroll service. Between Dallas, Houston, and
our new San Antonio office, we’re the employer of record for about 1,500 people who
work for companies outside of the Marek umbrella.
How do you view the current business
climate?
We are a lot busier than we were six
months ago. In Dallas alone, we’ve added
200 more people to our payroll than we
had working earlier in the year. It will be
interesting to see if this renewed activity
lasts after summer or if it recedes again.
In times of economic uncertainty,
the market tightens up. For a variety of
reasons, it can make sense for companies
to use third-party services like ours. For
example, construction companies may
find they have slimmed their crews so
low to hold down costs that they need
outside staffing assistance when they
land a big project.
Besides the business cycle, are there
other factors that affect your business?
Yes, certainly the availability of
skilled craftsmen is one. Nowadays, just
about any contractor will tell you the
general level craftsmanship isn’t what it
was 20 years ago.
Did the economic slowdown affect
your company’s internal staffing, administration or operations?
It’s made everyone more aware of
the decisions we make, that is, where and
how we spend money. But, overall, we
Consider the rental option
Christine Wehrman, CEO
American Rental Association
Moline, IL.
W
hether or not you have rented equipment before,
rental companies today offer an attractive option
to consider as construction work in Texas strengthens
this year and shows growth in 2011.
At a time when cash flow and credit
can be tight, renting offers contractors
and construction companies access to a
wide variety of equipment for added job
versatility without the added financial
burden associated with the by-products
of ownership, including the cost of expenses such as warranties, regular maintenance and repair, transportation, insurance and storage.
Construction companies and contractors are paying closer attention to the
bottom line more today than ever before.
Rather than buying equipment, the
American Rental Association (ARA) encourages construction companies and
contractors to take a look at how the fixed
cost of renting equipment keeps the burden of capital investment, maintenance
and selling equipment on the rental busi-
haven’t had any groundbreaking changes in the way we operate. We’re pretty
focused in our approach, and have always been relatively frugal.
Are you the only game in town or do
you have competitors?
There are numerous staffing companies out there, but only a couple that we
might truly consider competitors.
We’re born from a construction company, owned by a construction company
and the bulk of our business remains in
the commercial construction industry.
Are there any hot button issues in
your industry?
Immigration reform has been a persistent one. But, every time it seems to
move to the national forefront, some
other crisis or disaster pushes it to the
backburner.
Is there anything you can do about the
deficit of skilled trades people?
Dallas is fortunate because the Construction Education Foundation is so
strong here.
In Houston, we’ve partnered with a
couple of clients and Lonestar Community College to offer a drywall course and
ness balance sheet instead of yours.
Renting allows contractors and construction companies to take on a wide
variety of jobs and projects that may require equipment that they don’t have the
capital to purchase, as well as specialized
equipment for seasonal or large jobs.
To help contractors and construction
companies determine whether renting a
piece of equipment is the right decision,
ARA suggests the following rules:
• Look at the cost of renting versus buying and consider the time value of money. Renting may be a better choice.
• Estimate the time utilization of a piece
of equipment. If you are not going to utilize the equipment, why pay to own it?
Consider renting.
• If your jobs are varied and require special equipment, consider renting.
• If your fleet’s diesel emissions are controlled by regulation, consider renting.
Equipment rental company trained
professionals also are available to help
assess and secure the right equipment
for the job at hand. Equipment rental inventory is turned regularly, providing later equipment models with the latest
safety features, emissions controls and
better fuel economy that meet current
governmental requirements.
The state of Texas has independent
and national construction and general
tool rental companies located throughout all regions of the state with inventory
that meets local and statewide equipment needs.
Finding equipment rental stores in
Texas is easy by using the ARA’s online
rental locator, www.RentalHQ.com. Users
can enter their zip code and the type of
equipment they are in need of to get a
a sheet metal course to students fresh
out of high school. It’s a short, four-week
course that provides a basic skill set to be
a productive apprentice. The program is
recognized by the U.S. Dept. of Labor.
Generally, the industry needs to attract young people by providing a career
path for skilled tradesmen as an alternative to college.
What are the rewards from the services you provide?
When we’re busy, we’re putting people to work. That’s always rewarding. It
feels good to be able to connect folks
with work. Our clients appreciate having
construction employees they can count
on and who are able to do the work.
What are the keys to being successful?
Being honest, and doing right by
your customers and employees. We try to
establish lasting partnerships with our
clients.
The Marek Family of Companies created
MEMCO in 1996. MEMCO has offices in Dallas, Houston, and San Antonio, and provides skilled to un-skilled labor to about 200
external clients. –mh
list of local rental companies that can
help meet their needs. Equipment rental
should be a part of your business decisions today and for the future.
Top reasons to
rent construction equipment
1. Supplement basic equipment with
specific rental equipment that extends
your opportunity to compete for more
jobs.
2. Reduced workload on equipment warranties, maintenance and upkeep on
your end.
3. Eliminate warehouse or storage demands.
4. Have the right equipment to compete
for the job successfully.
5. Equipment meets regulatory specifications for all types of construction jobs.
6. Less transportation expense on your
part to transport equipment.
7. Less equipment inventory that requires
disposal.
8. Eliminate equipment tax, license and
registration issues.
9. Free up capital for other demands and
a stronger balance sheet.
10. Offers a more cost-effective option all
around.
Christine Wehrman is CEO of the American
Rental Association (ARA), the international
trade association for the equipment rental
industry. The ARA’s core purpose is to promote the success of its members and advance the growth of the equipment rental
industry. ARA’s current membership includes more than 7,000 rental businesses
and more than 1,000 manufacturers and
suppliers. –dn
NEXT MONTH
SEPT 2010
Support Your Industry’s Feature Issue
Green Building Trends
2010
Schedule
Jan: Construction Forecast
Feb: Construction Safety
Mar: Construction Education
Call for Ad Space
Reservations
Apr:Women in Construction
May:Concrete Industry
Jun: HVAC & Plumbing
•
•
•
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San Antonio
Austin
Dallas/Ft. Worth
Houston
July:Electrical Industry
Aug:Service Providers
Sep: Green Building Trends
(210) 308-5800
Oct: Specialty Contractors
Nov:Engineers & Architects
Dec: Construction Equipment
Austin Construction News • Aug 2010
Page 17
Round-Up
STG Design announces:
Raba-Kistner announces the following:
PollyAnna Little is
promoted to principal. A graduate of
the University of
Texas at Austin, Little joined the firm in
2003. She has extensive experience
in interior projects
ranging from the Texas Culinary Academy, Dell, and Lakeway Inn and Resort. As
principal, Little will be responsible for
managing major interior design projects
and production activities.
Elizabeth “Christy” Rhone recently
joined the firm as
business development professional
for the Central Texas Region. Rhone
has a B.A. from The
University of Texas
at San Antonio. She will be coordinating
consulting efforts in the Central Texas
market.
Jeff Ervin is promoted to associate
principal. Ervin has
over 10 years of experience at the firm
in architectural design projects including corporate,
public, education,
and hospitality. He received his Bachelor
of Architecture Technology from Memphis State University and Master in Architecture from the University of Tennessee.
He is currently working on Austin Children’s Museum and the Lance Armstrong
Patient Navigation Center.
Jason J.L. Smith,
CEM, has joined the
firm as environmental geologist. His responsibilities
include geoscience
and environmental
consulting. Smith
earned a B.S. in
geoscience from the University of Nevada and is a registered certified environmental manager. He currently serves as
the vice president of the Board for the
Texas Association of Environmental Professionals (TAEP) Austin Subchapter.
continued from Page 1 — Third time charm
said.
Lori is the owner of the company,
with 51 percent ownership.
Tony Bagliore Concrete completes a
variety of concrete work solely for commercial projects. –km
continued from Page 1 — Generation to generation
reading and good food.
“We went to so many little food and
wine events together,” he said. Though they don’t have much time
for traveling, it is one of their pastimes as
well. They still travel back frequently to
his wife’s home state of New York.
Work is like family as well. William
says he tries to implement activities that
bring them together, such as an indoor
soccer team that plays in the winter.
Biggs specializes in commercial plumbing, including new construction, commercial remodel and more. –km
Submissions
Todd Blenden, PE,
RPLS, founder and
chief engineer at
Commercial Engineering PLLC, recently passed the
Texas Board of Professional Land Surveyors exam to become
Registered
Professional Land Surveyor. Blenden has
an extensive background in civil engineering and land surveying.
This is a section for brief company announcements of new or recently promoted personnel, free of charge
as space allows.
––––––––––––––––––––––––––––––
Email (w/digital photo, if available)
by the 15th of any month, for the
next month’s issue
Email info to appropriate city issue,
with “Round-Up” in the subject line:
––––––––––––––––––––––––––––––
San Antonio
[email protected]
Austin
[email protected]
Dallas/Ft. Worth
[email protected]
Houston
[email protected]
continued from Page 1 — Fitness for guests
“For All Your Lighting and Power Needs
Call The Pros”
Commercial • Residential • Aerial Lighting
210-651-5204
24/7 Service
FAX 210-651-7598
www.dausinelectric.com
The interior of the fitness center
ing mirrored wall and a light wood colored sport flooring.
The team had their share of obstacles that they overcame, including several revisions, dealing with difficult weather
and working around hotel guest traffic.
They also had to work in a strict time
frame to finish the project before a long
series of planned weekends that were
booked at the fitness center.
“Several times this project has been
through design revisions and re-pricing
in order to accommodate the owners
budget for construction,” St. Martin said.
The fitness center was completed in
March and was stated as being a grand
success. Through all of the hard work, the
team and the project owner were ex-
tremely happy with the completed project, “We have had commending reviews
from all parties,” St. Martin said.
New Line Construction, currently
based in Austin, was started by Brian
Conant in 2002 in Colorado, and is now
solely at their office location in Austin
with a team of eight. The company specializes mostly in private projects, but is
always speculating new ventures and opportunities.
New Line Construction has grown into
a full service construction company, completing projects ranging from commercial
tenant improvement to ground up, restaurant and retail. Their website is newlineconstruction.com. –km
Page 18
Austin Construction News • Aug 2010
Association Calendar
ECAT reaffirms leadership
Content submitted by Associations to Construction News
ABC
CTSA
Associated Builders & Contractors
Central Texas Subcontractors Assn.
Aug. 13: Fall clay shoot, Capital City Skeet
Club, noon
Aug. 30: Fall golf tournament, Onion
Creek, TBD
Aug. 31: Meet the Experts, ABC office,
11:45am – 1pm
Aug. 10: HIPPA and ADA seminar, Embassy Suites North Austin, 5:30 – 8pm.
Call (512) 255-6373.
AGC
Associated General Contractors
Aug 12-13: OSHA 10-hour class in Spanish, AGC Boardroom
Aug. 26: Scaffold competent person in
English, AGC Boardroom, 8am – 4pm
Aug. 27: Scaffold competent person in
Spanish, AGC Boardroom, 8am – 4pm
AIA
American Institute of Architects
Aug. 12-13: Annual summer conference
& product expo, Norris Conference Center. Visit aiaaustin.org for information.
CSI
Construction Specifications Institute
Aug. 14: Construction Document Technology (CDT) exam prep classes begin.
Call Viola Hall at [email protected] for information.
Aug. 16: Chapter meeting, Texas Land
and Cattle on S. Mopac, 11:30 am – 1 pm
IEC
Independent Electrical Contractors
Aug. 16: Chapter birthday and mixer, Call
(512) 832-1333 for information.
NAWIC
Nat’l Assn. of Women in Construction
Aug. 5: Beat the Heat happy hour, Third
Base on West 6th Street, 5 – 7pm
Attention Energy Users !
Wind Man Energy Bringing
Alternative Energy to Texas
Farm • Ranch • Schools • Hospitals
& Small Village Wind Turbines
210-651-5673
888-946-3020
10 KW - 100 KW
Authorized Polaris
Wind Turbine Dealer
Made in the USA
www.windmanenergy.com
L-R: Marty Caston, ECAT president, wife Alice Frerich, and sons John and Charles Frerich
T
he Earthmoving Contractors Association of Texas (ECAT) held their
52nd annual meeting in Fort Worth
Jun. 25-26 at the Marriott Hilton.
During the event the family of Arnold Frerich, past president and longtime ECAT director, received an award in
his memory for his service and dedication to ECAT. –dn
Officers and board of directors elected
for 2010-2011:
President: Marty Caston, Caston Company, Robert Lee
Vice President: Dennis Foerster, Foerster
Custom Service, Giddings
Secretary: Chad Ottmers, Chad & Ronnie
Ottmers Construction, Fredericksburg
Directors:
District 1: Lawrence Krause, L.D. Krause
Construction Co., New Braunfels
District 2: Edmund Jenschke, Edmund
Jenschke, Inc., Kerrville
Did
you
know?
District 3: Eddie Leatherwood, C.E.L. Contractors, Dublin
District 4: Bobby Watts, Watts Excavating,
Decatur
District 5: Ed Smith, Ed Smith Dozer Service, Fairfield
District 6: J.D. Godby, J.D. Godby Construction, Clifton
District 7: Galen Weber, Weber Construction, Uvalde
District 8: Thomas Watson II, Watson Dozer Service, Cuero
District 9: Wayne Saur, Saur Construction,
Comfort
District 10: Edwin Eckhardt, Eckhardt
Bros. Dozer & Crane, Fredericksburg
District 11: John Frerich, Frerich’s, Rowena
District 12: Clint Krause, L.D. Krause Construction Co., New Braunfels
At Large: Tommy Watson, Watson Dozer
Service, Cuero
Associate Director: David Sund, Insurance
Concepts of San Antonio, San Antonio
Past editions can be
downloaded at
www.ConstructionNews.net
Austin Construction News • Aug 2010
Job Sights
L-R: John Steele, project manager for Arrow Mont Constructors, and Blake Overmyer,
building official for the City of Pflugerville, work at the future site of Panda Express in the
Stone Hill Town Center in Pflugerville. –km
Page 19
Jack-of-all-trades
R
yan Reynolds primary job is the project
manager/chief imagineer for Moman Architects, but he also owns a
business called Ryan Reynolds Design.
He is known by his coworkers at Moman as ‘the
door man’. His primary service is door installations. He
also takes on other projects
involving design.
Reynolds is originally
from Austin. He graduated
from Westlake High School
and obtained an undergraduate and master’s degree from Texas Tech University in architecture. After
graduate school, he lived in
San Diego for five years.
Reynolds decided to move
back to his hometown in
2007.
The Austin native says
he has the creative side of his mother and
the business mind of his father. Ever since
starting the architecture program at Texas Tech, he has fallen in love with the
field.
“You’ve got to love this to do it because it’s not simple or quick,” Reynolds
said. “You usually work on something for
two or three years before the grand
opening. It is almost like raising a toddler,
but you give the building away and start
a new one.”
Foustino Rodriguez, Central Texas Tiltwall, works at the site of the new Walgreens
west of FM 685 in Pflugerville. –km
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Larry Sladovnick, superintendent for general contractor PTP, Inc., supervises the work at
the building that will house Health & Human Services Commission (HHSC) and the Texas
Department of Assistive and Rehabilitative Services (DARS). The building is slated to be
complete and occupied by Sep. 1. –km
Eric Collette, Sun Coast Resources, provides the fuel for the future site of the 24 Hour Fitness,
slated to open in the spring of 2011, at the Stonehill Town Center in Pflugerville. The property
developer is New Quest Properties. –km
The door installation however, is a
much faster project. It takes about four to
six weeks for the whole process, he said.
“It is a fun little process,” Reynolds
said.
He partners with Crestview Doors
on the door installations.
Ryan Reynolds design specializes in
door installations and other design projects. –km
Page 20
Austin Construction News • Aug 2010