December - Construction News

Transcription

Covering the Industry’s News
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CONSTRUCTION
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Volume 12
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Number 12
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DECEMBER 2014
Family ties
Glass act
L-R: Beau Cunningham, Joe Cunningham, Ken Cutting and Charlie Cunningham
L-R: Denise Bardwell Lewis, Rodney Bardwell and Dorothy Bardwell
“I
t is nice to see my family members
every day at work,” said Beau Cunningham, lead service technician.
“I think problem solving goes smoother
because my grandfather, father and uncle are great resources.”
Cunningham’s father Joe and uncle
Charlie are vice presidents. His grandfather Charles founded Cotemp in 1965 as
a HVAC contractor serving Houston and
greater Harris County, performing commercial and residential service and installations.
His grandfather is still active at the
company and currently handles the financial side of the business.
“My dad and I both grew up in the
business and working at Cotemp was our
very first job,” Cunningham said. “I oversee all the service projects on a daily basis.
“In addition to commercial work, the
energy industry has kept us very busy
lately. We are building custom units for
the new drilling rigs.”
When they aren’t at the office, the
entire family enjoys hog and deer hunting when the season is right.
“We go hunting as many weekends
as we can,” he said. “Most of the time, we
go to a ranch in Pleasant Springs, which
is near Centerville, TX. We go hunting in
Central Texas and East Texas, too.
J
erry R. Bardwell founded Spring
Glass & Mirror in a small warehouse
in Spring, TX in 1981. Although
Bardwell has passed, the company’s vision remains a family-owned business
run by Rodney Bardwell, Denise
Bardwell Lewis and Dorothy Bardwell.
“It was a rough start with one man
doing sales, measuring, estimating and
installation,” Denise Bardwell Lewis said.
“With Jerry’s connections in the industry,
Spring Glass & Mirror slowly began to
grow.
“We have come a long way since the
early days. We have grown from one employee to 32 employees. At first, the company started out doing strictly interior
continued on Page 14
build-outs, and we have grown to perform glass and glazing services on multi
story buildings and multimillion dollar
projects.”
The company operates on two acres
on FM 2920 and has 16,000sf of office/
warehouse space spread throughout
four buildings.
“The most positive happening in
2014 is our continued growth in the glass
and glazing industry,” Lewis said. “We are
just about to complete one of our biggest projects to date and have just been
awarded a contract of equal value that
will start in 2015.”
Lewis says the company will have its
annual Christmas party in November at
Winter wonderland
I
f you are curious why 31 internationally acclaimed professional ice carvers
from Harbin, China were at Moody
Gardens recently, just visit the new holiday “Ice Land” exhibit there to find out.
Just in time for the holiday season,
Gilbane Building Co. completed the
Moody Gardens Hotel renovation and
the "Ice Land" exhibit. The project owner
is Moody Gardens Inc.
The “Ice Land” exhibit is the only
holiday ice exhibition on the Gulf Coast.
The 31 skilled ice carvers came from China to create the majestic environment.
Project manager Angela Cotie says
the Moody Gardens Hotel renovation in
Galveston involved complete renovation
and amenity upgrades at a four-star hotel,
including the hotel’s exterior, 418 guest
rooms, 18 custom suites, a restaurant, spa,
bars, ballroom, lobby, corridors and common spaces throughout the hotel.
Guest room upgrades included all
new bathroom fixtures and tile, all new
Moody Gardens
finishes, new furniture and soft goods. To
accommodate guests and ensure a positive customer experience during renovations, the work was phased over the
course of close to two years.
Gilbane handled all aspects of the
renovation from top to bottom and oversaw the project’s budget.
Primary construction materials used
for the Moody Gardens Hotel renovation
included drywall with metal studs and
custom finishes throughout (interior) and
plaster (exterior).
“All hotel renovations and amenity
upgrades throughout the hotel, including common spaces, needed to occur
while the hotel remained open to guests,
requiring a phased approach that recognized Moody’s customers’ expectations,”
Cotie said.
The project’s schedule was crafted
to ensure hotel operations could continue during renovations, guests would not
Page 2
Houston Construction News • Dec 2014
Flaunt the haunt
Submitted to Construction News
40 years of hard work and prosperity
O
n Oct. 31, folks in the Houston construction industry had fun wearing their
costumes to work for Halloween. Employees at companies including Rigid
Global Buildings, Century A/C Supply, Marek Brothers Systems Inc., Baker
Triangle, and Dominion Air & Heat LLC had a spooktacular time! –ab
All across Texas, Baker Triangle employees celebrated the 40th anniversary of the company
founded in 1974 by Bob Baker. The family-owned business has since grown into a $120
million company with nearly 1,500 employees. Pictured above, the Houston crew. –cw
Century A/C Supply
Marek Brothers Systems Inc.
Baker Triangle
Rigid Global Buildings
Dominion Air & Heat LLC
Page 3
Fasten up
Industry jobs, just click
A
L-R: Kathrin Yokubaitis, Star of Hope; Ricardo Morad, DeWalt and Bobby Williams,
United Tool and Fastener
T
he United Tool and Fastener (UTF)
Houston location teamed up with
some of their top vendors to host
their first open house Nov. 4.
“Attendees toured our new state-ofthe-art showroom and remodeled facilities,” said President Bobby Williams. “All
of the vendors had demos and one-day
show specials. We had more than 300
people come out and enjoy some great
barbecue.”
Williams says vendors that helped at
the event were DeWalt, Powers, Proto,
Werner and Protective Industrial Products (PIP).
“A very special part of the event was
to launch a partnership between United
Tool, DeWalt and the Star of Hope,” he
added. “We were able to give the Star of
Hope 60 jackets and two blankets for the
less fortunate.”
United Tool and Fastener is a construction supply company offering a range of
supplies, tools, and equipment. The company also has locations in Austin, San Antonio and College Station. –ab
statewide coalition
of Associated General Contractors (AGC)
building chapters has taken
the effort to address statewide labor shortages and
craft training needs to the
Internet. Fittingly enough,
the Texas Construction Careers website, texasconstruc tioncareers.com,
launched soon after Labor
Day.
The virtual seeds were
planted last summer when
10 “partners” agreed on a
A screen shot of the front page of the new website.
simple business plan: “The
primary purpose of the website is to es- ers are using the site to advertise open
tablish and maintain a ‘go to’ online des- positions.”
tination in Texas for information about Owners are those who purchase contraining, education, and job placement struction services. He observes that many
as well as career opportunities for stu- owners are willing to help address the
dents and military veterans.”
skilled labor shortage. He adds, “For ex Doug McMurry, executive vice pres- ample, in Houston, some owners are willident of AGC San Antonio, states, “The ing to pay more for construction services,
plan grew out of some discussions if contractors are working ‘to positively
among industry leaders at the AGC of address the issues facing the craft workAmerica Building Division. We knew Wis- er,’” citing Construction Career Collaboraconsin had a workforce development tive (C3).
site, but we wanted to create one for a “By working together, owners and inTexas audience and make it bigger and dustry leaders can achieve greater rebetter.“
sults. We plan to continue our statewide
McMurry also points out that before marketing efforts during the last quarter.
this website, the industry didn’t have an In January, we’ll publish a progress report
online job bank that focused solely on with financial data for the original 10
Texas and construction, forcing firms to partners. We may use the report to reach
turn to paid space on Monster and similar out to other interested parties.”
sites. He says, “We wanted to give them a While McMurry comments that Texas
Texas option – an affordable, profession- Construction Careers is one small part of
al, not-for-profit place to go.”
the solution, he emphasizes that it pro
This collaborative effort between 10 vides an online resource for anyone interAGC chapters, including TEXO, is still a ested in construction workforce developwork in progress. The industry’s recep- ment. He states that the partners may
tion has been encouraging, McMurry also work to establish a statewide Connotes, adding, “Interestingly, public own- struction Careers Collaborative. –mh
In memorium
C
harles “Charlie” Crawford, 60, owner of
The United Tool and Fastener open house in full swing.
Houston
3
CONSTRUCTION NEWS
Houston Editor . . . . . . . . . . . . . . Abby BeMent
[email protected]
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Construction News Ltd. Home Office
P.O. Box 791290 • San Antonio, Tx 78279
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© 2014 Construction News, Ltd.
Merry
Christmas
from
Construction News
Houston
Charlie’s Plumbing, passed away Oct. 30.
He is survived by wife, Merrill; stepsons,
Austin and Logan Whitt; and daughter April
Crawford (Kelby) and their children, Ethan,
Owen and Ava.
Crawford was born in Brooklyn, NY in
1954. In 1977, he moved to Texas.
In 1979, he started Charlie’s Commercial
and Industrial Plumbing Co. He started with
one truck, a desk in his apartment and a dream to see it grow. He worked hard to
build his family-run company, reached his goals, and Charlie’s Plumbing still
thrives today.
A celebration of Charlie's life was Nov. 14. -ab
Page 4
names.
My wife Carissa saw my frustration,
so she walked away and came back a few
minutes later.
Carissa said, “Don’t worry, you’re the
insulation guru, you will come up with
something!”
I immediately wrote down The Insulation Guru and I instantly liked the
name.
Chris Burke
Owner
The Insulation Guru
C
hris Burke has worked in the construction and insulation business
for more than 20 years.
“There is a challenge around every
corner when you own your own business,” Burke said. “My main goal is to help
people bring comfort into their lives. I
love what I do. My business is my baby. It
is something that I have nurtured along
the way. It has been rocky. It has been
tough. That is why I am doing what I am
doing today!”
The Insulation Guru provides residential and commercial insulation, radiant barrier, weatherization and ventilation services in Houston and the surrounding counties.
Does your wife help you a lot at the
company and in life?
Carissa helps me so much and I am
so glad she is with me today. She listens
to me and lets me express my ideas
about the company and life. We make a
great team.
We actually dated for about six
months before the first kiss. We have always enjoyed each other’s company.
Carissa does a lot of the behind the
scenes at home. She helped me design
the logo. When we got married, she offered to help out at the company and I
am very glad she did!
Where did you meet your wife, Carissa?
When I started in the insulation business, I was single. One day, I had a job in
Northwest Houston and met Carissa.
I looked in her attic and she called a
few days later and said she never intended to hire a contractor, she just needed
advice.
I went back to do some work and the
job took about two days and then three
weeks. Next, Carissa and I started going
to the movies.
What sparked your interest to get into
the insulation business?
I worked for another insulation contractor at first. I can remember working
on an insulation tear off project in Channelview, TX. I was up on one of the silos,
which was up several 100 ft. in the air.
I could see the whole city of Houston
from the silo. I remember a gentleman
who used to drive up in his Avalanche
wearing a white collared shirt, a tie and a
hard hat and he carried blueprints.
I thought to myself, I have a degree
in business and I know what I am doing.
So, I climbed down and told my foreman
I was leaving and gave my two weeks notice.
The foreman asked me why and I
said I wanted to start my own company.
He said, “Wow, I wish I had your heart.
You don’t even have to give your two
weeks notice. Go, go, go, go!”
I started, owned and sold, S.C.I. Insulation in 2010 and then I started The Insulation Guru.
Are you a sports fan?
Yes, my family and I are Houston Texans football fans. I’d like to go to a game
this year.
I am hoping I will come across some
tickets soon! One of my buddies has extra tickets every now and then.
What was it like getting started?
I had one truck and my office was in
my dining room.
The next step I took was certifying
the crew and then I opened an office and
warehouse space near downtown Houston.
I am so grateful for our customers,
vendors, suppliers, partners, friends and
family who have helped us along the
way.
How many children do you and your
wife have?
Carissa and I have two children
named Hunter and Hannah. Over the
years, we have enjoyed watching Hunter
and Hannah excel in martial arts.
When they were younger, they attended martial arts classes on Thursdays
and Saturdays.
I think martial arts is good for the
kids to learn. It is a fun way for them to
achieve fitness and focus. Martial arts
teaches self-discipline and socialization
skills.
Did you come up with the company
name?
When it was time to come up with a
name for my company, I sat on my living
room floor thinking about different
What do you and your family like do
on the weekends?
When I am not running the company, I enjoy spending time with Carissa
and our kids at home. We all just enjoy
hanging out.
On Sundays, we all attend church. In
addition, my wife, our kids and I enjoy
participating in martial arts together.
I also enjoy landscaping and doing
yard work on the weekends.
What is it about landscaping that you
enjoy?
It is great when I complete all the
yard work. I like to have the yard looking
nice for the upcoming week.
Chris Burke gears up for 2015.
The insulation guru Chris Burke makes sure all areas are covered at a subfloor project in Alvin.
What is something you have always
wanted to do?
Well, I have always wanted to learn a
foreign language. A few years ago my
wife asked me what I wanted for Christmas and I told her I wanted Rosetta Stone
Spanish so I can teach myself Spanish.
In Houston and in Texas, it helps to
know Spanish in the construction industry.
I did take Spanish classes in college,
so I do know some words. I can watch it
on television and understand the language a lot better than I can in the field.
Nowadays, I am learning new words all
the time.
To get ahead in the business world, I
think it would be helpful to be bilingual
in Spanish and English.
What is rewarding about what you do
today?
For one, I am my own boss. So, I can
look in the mirror and say, “Hey, can I
have the day off?” I don’t usually get the
day off though!
I love what I do today. I feel like God
has given me a gift and it happens to be
insulation, radiant barrier and weatherization.
I take this very serious and feel that if
you are going to get the job done, then
get the job done right.
What are the keys to success, in your
opinion?
A former employee asked me if he
ever broke off to start his own business,
would I help him.
I almost wanted to tell him, “I’d rather see you take up a bad habit or something!” It takes a lot of hard work and a lot
of tears.
You are dealing with customers, federal law, local law, IRS, the comptroller
and vendors.
On any given day, a situation or problem can arise. You have to make sure you
show up and be ready to take care of
business.
I also think it is very important to be
on time. Make sure your on-time record
is second to none and arrive ready to
work if the call arises.
You have to have a lot of heart. It is
important to always keep learning
throughout life.
What are your future goals?
I love being a Houstonian. The diversity and culture here are awesome. I think it
is nice to work and play near the Gulf Coast.
My plans for the future are to continue to grow the business steadily in 2015.
What are your personal future plans?
I want to continue to spend as much
time with my family as possible. I look
forward to spending lots of time with
them over the holidays. –ab
Play to win
Bill Stewart,
Cadence
McShane
Construction,
(left) won an iPad
Mini at the 1st
Thursday Mixer
at Crisp Bistro
in the Heights
in October.
The Associated
General
Contractors
Houston Chapter
(AGC) held the
event. –ab
Page 5
GPS for your business: Identify
your top three business growth
and profit opportunities
Byron Hebert, CPA, CTP, Director
Entrepreneurial Advisory Services
PKF Texas
Houston, TX
G
rowth and profits are key to the success of any business, but how do you get there? The Growth & Profit Solution (GPS) gives you direction in your business, much the same as a global positioning system (also GPS) does in your car.
Below are ten factors that are key to the profit and growth of your business:
1. Vision – where do you see your
company in the future? Most people’s vision is to do better than last year. In today’s global economy, that approach will
not work. Have a vision with some stepchange in it. It is likely to include divestments, acquisitions and new products
and services.
2. Profit – is essential for cash flow,
dividends to shareholders, and funding
your growth. Profit is also a direct reflection of your customer service.
3. Sales and marketing – generates
growth and career opportunities. People
generally do an average job of both.
Sales are the life-blood of the organization. The sales process should be a machine that can be tweaked at will. Sales
are not just about increasing the top line
of the business. Sales that improve margin create more profit.
4. Technology – gives you leverage
and efficiency, as well as reinforces your
professionalism. Technology includes
machines, new technical innovations,
and social media initiatives. Technology
changes quickly, so it is essential to stay
on top of it.
5. Leadership – provides direction
and inspiration to the people. Leadership
is often overlooked, in part because there
has been little innovation in leadership.
How often do you brush up your leadership skills?
6. People and team dynamics – the
key resource for making it all happen. A
general rule is a third of your people are
fantastic; a third, you wonder how they
got there; and the remaining third are
somewhere in-between. People are one
of the biggest costs, but one we tend to
do little to improve.
7. Strategy – making sure you are
competitive and successful. Do you understand your competitive advantage? Is
it sustainable? Do you use it to make decisions? Are you planning to make significant improvements to your business this
year?
8. Growth – essential for survival in a
global economy. Growth creates opportunities, but requires an investment of
resources and careful management. The
challenge is in making sure you keep the
level of risk under control during times of
growth.
9. Innovation – the application of
clever thinking and solutions to your
business problems. Under-pinning most
of the other factors is innovation. Keep in
mind the Pareto Rule, 20% of what you
do creates 80% of your results. Therefore,
80% of what you do has limited value.
How can you apply innovation to make
you a better leader, create more sales, recruit better people and make more profits?
10. Continuous improvement – the
never-ending journey of continuously
improving all your business processes.
The Japanese word, Kaizen, means continuously improving all the processes in
your organization, using all the people.
Do you do this? Changing just a few
things each day becomes a significant
improvement in your business.
Understanding the key factors facing
your business at any specific time is essential for you. What are your current
constraints? Businesses aren’t static. As
you improve in one area, for example
technology, the constraint moves to
something else, say profit. Where are
your three biggest opportunities for improvement?
Why do I need to do better?
The first thing you need to assume is
you may need to exit the business on
short notice. If you had to sell within the
next three months, is the business in a
condition to transition to someone else?
Imagine if your annual sales growth was
15% and your profits were growing at
30% annually. What price would you get
for the business? What if you had a management team not dependent on you
and a great customer base with longterm contracts? Now what price could
you get for the business? How would that
make you feel each day? It might be a lot
more fun!
Based in Houston, PKF Texas CPAs
and Advisors is dedicated to the growth of
middle market construction companies and
other service/product related businesses in
the energy economy. Visit PKFTexas.com/
GPSDiagnostic for more information.
Let’s get profitable: Planning
ahead for 2015
Jeff Norwood, Executive Vice President
The Nitsche Group
Giddings, TX
F
or now, the good times are back. After a long and
slow recovery, we are finally seeing trucks moving,
cranes going up and help wanted signs everywhere. I
know for my clients, this recovery has been a long time coming, and we hope it continues well into the future. But, none of us know how long this will last. What we do
know is that we have to make hay while the sun is shining.
With all the growth we are seeing,
many contractors are venturing into
new areas of construction. This is great;
it can increase operations allowing the
company to be available for more jobs.
It can help spread out the income, so if
one area starts to fall another may be
able to help prop it up. Most of all, it
should increase profits. Nobody knowingly wants to lose money or just break
even, so increasing profits should be a
top priority.
With all this market growth comes
opportunity, risk and reward. While we
certainly cannot predict the future or
protect against all risk, there are a few
things we can do to be better prepared.
Before you venture out into new areas of construction, make a call to your
insurance agent. Discuss what new
types of work you will be doing. It could
be that you already have the correct
class codes on your general liability and
workers compensation, but more than
likely you do not.
Based on what you tell the agent,
he/she will be able to find the correct
codes and give you current rates. This
will allow you to bid the work knowing
the full cost of insurance up front. Rates
vary greatly, and could easily cause a
profitable venture to become unprofitable. By adding the class codes and
knowing the rates now, you should be
able to avoid a nasty surprise at audit.
The next thing you should start
looking at is your financials. In the past
18 months, we have seen many firms
grow by 20% to 50%. These firms
worked hard and were in the right place
at the right time. In order to keep growing, you may need to either establish a
bond line or move your current one up
to the next level.
It can be hard to make yourself attractive to the surety company if you
don’t know what they’re looking for. Be-
fore making end of year decisions, visit
with your agent and discuss what type
of bond program you are looking for
and build a plan to get there.
December 31 is looming close, and
is the date many firms typically close
out their books for the year. But before
you close out the year, speak with your
agent and discuss what changes you
need to make. You may find that you’re
sitting on more cash than you considered possible, so you consider paying
off debt. Depending on the situation,
that may or may not be a good idea. The
problem is once you spend the cash,
you may hit reverse and get the debt
back, leaving you right back at square
one.
It can be easy to get caught up in
your current business conditions and
forget about the needs of the future.
You may be busier now than you have
been in the past five years, and that is a
great place to be.
But, you should always be looking
toward tomorrow. Set yourself up for a
profitable new year. Speak with your insurance agent and find out what you
can do to set yourself and your company up for success in 2015.
The Nitsche Group was created with
the independent spirit of a small-town
businessman in 1949. Then, known as the
Hannes Insurance Agency, the company
had only two employees at one location in
Giddings, Texas. Today, we have more
than 100 employees at nine locations
across Texas to serve our ever-growing client base. Jeff Norwood is a graduate of
Texas A&M, and Executive Vice President
with The Nitsche Group where he has
worked for the past 15 years. He specializes in construction insurance and bonding.
Jeff can be reached at 254.493.4600 or
[email protected]
Construction News ON LOCATION
Information station
What was your
first paying job?
I actually started my first company when
I was 5. I had a lawn mower and bicycle
repair shop. I put up a painted sign at the
front of our yard. I think I charged my first
customer about 50 cents.
Gordon Clunn
Clunn Acoustical Systems
I helped paint a church. In addition, I
helped my brother on construction jobs
in the Houston area in the summertime.
Sam Ramirez, The Ramirez Corp.
I began working as a hostess at Bennigan’s when I was 15. I worked at the restaurant after school and on the weekends. I remember I could not wait to start
working to earn extra money after school.
Beckye Manzel, Energy
Waterproofing & Roofing Systems
As a teenager I worked at a bus barn at
the McAllen School District. I did mechanic work at the time. I worked on the
buses and also did lawn mower repairs.
In addition, I had one of the largest paper
routes in the area.
Ted Garcia
A Pro Air Heating and A/C Inc.
I worked for my dad at his painting company during the summers. I did that
throughout high school and college. His
company focused on painting new
homes.
Kenneth Hajduk
Door Pro Systems
Cutline template
L-R: Akia McPhaul, Tawny Williams and Breanna Clark, make things happen at
the Virtual Builders Exchange LLC (VBX) Houston office. The company serves as a
clearinghouse for construction professionals who need to find and exchange critical
information during all phases of the construction process. –ab
Page 6
Caulfield to lead NDA
T
NDA President Jeff
he National DemoliKroeker of Kroeker, Inc. in
tion Association (NDA)
Fresno, Calif., said, "Her
recently announced
proven abilities in advocathat Cheryl Caulfield, IOM,
cy, membership developCAE has joined the associament and member education as executive director.
tion will be incredible asCaulfield is replacing NDA
sets to NDA.” Executive Director Michael
Caulfield holds a bachR. Taylor, CAE, who is retirelor’s degree in political sciing from the association afence from Old Dominion
ter 25 years of service. University, a Certified Asso
Caulfield has more than
ciation Executive designa20 years of association exCheryl Caulfield
tion from American Society
perience.
“Among my goals moving forward is of Association Executives and a Certified
to increase public awareness about the Institute Organization Management desmany ways the demolition industry is ignation from the United States Chamber
making way for a more sustainable of Commerce. world,” Caulfied said. “I want communi- “My pledge to the members of the
ties to understand how demolition helps NDA is to enhance the products and serthem re-invent their futures. And, I want vices we provide that enable them to keep
governmental agencies to know that de- their businesses safe, profitable and promolition contractors have the equipment ductive.” She said. “We’ll renew our focus
and skills necessary to effectively respond on education and safety training, professional competency, membership developto both natural and manmade disasters.”
Caulfield spent a number of years ment and government advocacy.” –cw
working for building and real estate associations. Round-Up
Amanda S. Barber
joined Raba Kistner, Inc. as enterprise quality officer
for the firm and its
subsidiaries, including 14 offices across
the state of Texas,
Utah, Mexico and
New York. With
more than 15 years of experience in quality management programs, she will be
responsible for the implementation and
management of the firm’s Quality Management System (QMS). She earned her
bachelor’s degree in mechanical engineering from Louisiana Tech University.
She also holds a bachelor’s in chemistry
and is an ASQ-certified quality auditor.
Manhattan Construction Co. has
named
Robert
“Bob” Postma as
vice president to
lead its Houston office. Postma’s 23
years in the construction industry
includes projects in
the commercial office, healthcare and entertainment sectors, with a specialization
in aviation work. Postma earned a degree
in Construction Science and an MBA from
Texas A&M University.
Round-Up Submissions
Email (w/digital photo, if available) by the 15th of any month,
for the next month’s issue (published 1st of each month).
Email info to [email protected]
with “Round-Up” in the subject line
Pay-if-paid clauses: Shifting
risk vs. getting paid on time
Courtney Willis, President
Willis Law, PLLC
Addison, TX
“W
e’ll pay you when we get paid”: it’s frequently
heard in construction, and probably just as frequently the start of a payment dispute. Parties hope to
be paid quickly after performing on projects, but if
they’re not careful and haven’t read their contracts, they may discover that the upstream parties do not actually have to pay until they are paid first.
Chapter 56 of the Texas Business and
Commerce Code, titled “Agreements for
Payment of Construction Subcontractor”,
governs what are known as contingent
payment clauses. Commonly referred to
as “pay-if-paid” clauses, they are related
to and often confused with “pay-whenpaid” clauses, though the two are very
different. Pay-if-paid means that a “contingent payor,” usually the GC, is obligated to pay its “contingent payee,” the subcontractor, only if it first receives payment from the owner or upstream party.
If it does not receive payment, it
does not have to pay the subcontractor
at any particular time. Put another way,
the subcontractor assumes the risk of
non-payment by the owner under a payif-paid clause. Pay-when-paid means that
a GC is still obligated to pay its subcontractor regardless of what the owner
does.
Under Chapter 56, contingent payment clauses can apply to contracts for
construction, construction management
and for the supply of materials. It excludes contracts for design services,
some types of projects relating to civil
engineering construction, and most
types of residential construction.
Pay-if-paid clauses are enforceable
in Texas, but there are limits on their effectiveness. For instance, a GC that has
breached its contract with the owner
cannot refuse to pay a subcontractor under a pay-if-paid clause unless the ultimate reason for non-payment is the subcontractor’s breach. Additionally, pay-ifpaid clauses are unenforceable in ‘sham
contract’ scenarios where the owner
controls the GC or is the GC.
Contingent payment clauses are also
unenforceable if they are “unconscionable.” The full meaning of “unconscionable” is beyond the scope of this article,
but the term is typically used when one
party takes advantage of the other to a
grossly unfair extent. To protect itself
against the claim of unconscionability, a
GC using a contingent payment clause
should get the owner’s financial information on the project and disclose it to the
subcontractor upfront. The GC should
also make reasonable efforts to collect
from its upstream parties or offer to assign the GC’s causes of action against the
upstream party(ies) for nonpayment.
Interestingly, parties to a pay-if-paid
clause have some room to maneuver
when it comes to enforcement. The subcontractor can deactivate the clause by
applying for payment in accordance with
the contract, and objecting to the clause
to the GC in writing 45 days after applying for the payment. The notice effectively renders the clause unenforceable eight
to 11 days later, depending on the type of
project.
Predictably, the notice sent by a subcontractor is ineffective when it hasn’t
performed under its contract. As a general rule of thumb, all notices should be
sent by certified mail, return receipt requested, or by other means that allow
the subcontractor to prove the GC received the notice.
The GC can override the subcontractor’s notice by sending its own notice
that the clause is enforceable, which
must be received by the subcontractor at
least five days before the effective date of
the subcontractor’s notice, or the fifth
day after the GC received the subcontractor’s notice, whichever is later.
Got it? The subcontractor can invalidate the clause if the GC sleeps on its
rights. The GC can enforce the clause if it
responds to the subcontractor’s notice
on time. As always, timing is crucial, and
the parties must have read their contracts and understand their rights and
obligations. Doing so just might enable a
subcontractor to get paid on a project
when they could otherwise be forced to
wait indefinitely, or, conversely, allow a
GC to minimize its exposure to liability
when it hasn’t been paid either.
Willis Law, PLLC offers litigation and
consultation services on commercial and
residential construction matters state-wide.
Courtney Willis can be reached at (972)
481-1779, or at [email protected].
Page 7
Colder weather
brings bigger fish
by Capt. Steve Schultz
Sponsored by:
Premier Yamaha Boating Center, Majek
Boats, E-Z Bel Construction, Power
Pole Shallow Water Anchor, Aggregate
Haulers, Interstate Batteries, Pure Fishing,
Mirr-O-Lure and Columbia Sportswear.
W
OW! Another year is just about
gone. If you’re like me, you’re
probably wondering where
time went. I’m sitting here and still can’t
believe that I’m writing my last column
for the 2014 year. This has been a very
tough year for me and my family because
of my injury that occurred last spring.
Gladly, I have almost made a full recovery
and am looking forward to the 2015 fishing season. I know I have said this in
some of my previous columns, but I
would like to thank everyone again for
the support and generosity on the benefit that help me make it through this year.
Although the calendar may say it’s
the end of the year, it doesn’t say it is the
Tres Agulair was flawless while fighting this 40-inch+ redfish to the boat.
Fish was caught in Baffin Bay on live perch.
end of fishing for the year. Winter fishing
is just as popular as any other of the seasons. Many anglers wait for the colder
months to fish because, typically, you
catch bigger fish during winter months.
As we move into pre-winter fishing patterns, keep in mind that one must slow
down his retrieve as temperatures continue to drop. As water temps fall, fish become lethargic and feed less frequently.
Wade fishing is usually the norm during this time of the year, slow rolling soft
plastics and suspending baits over soft
mud and rocks in Baffin Bay. While top
water baits land some of the largest
specks during warmer months, they will
still land some large trout throughout the
winter. Don’t be afraid to give your favorite plug a few casts, especially amidst an
abundance of mullet. If you catch one of
these beauties make sure you handle
Two turkeys one shot
them with care. Their only protection
against predators is their slimy coating.
Try to keep them wet while taking photos
and never use a towel to handle them, as
you will remove their natural defense.
Preparing for your wade fish trip is a
must. Waders become a necessity until
spring and should be checked for leaks.
Winter conditions can be very harsh at
times in South Texas, but are extremely
harsh when on the water. Proper clothing and gear are a must for a comfortable
day on the bay. I’ve seen many folks not
be able to concentrate on what’s happening on the end of their line because
they are having some sort of malfunction
with their clothing or gear. Don’t be frugal when purchasing your wading gear!
Simms waders are the top of the line and
they stand behind their products.
Flounder like these are starting to show
up along drop-offs near deep water. This
22-inch flounder caught by Capt. Steve
Schultz fell for a free lined mud minnow
near the Humble Channel.
I would like to wish everyone a very
Merry Christmas and a prosperous New
Year. Looking forward to a great fishing
season in 2015. To schedule your next
bay fishing trip give Capt. Steve Schultz a
call at 361-813-3716 or 361-334-3105, or
e-mail him at SteveSchultzOutdoors@
gmail.com. Already booking for the
2015-fishing season. 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
Business coordinator Amy Hageman, Big Red Dog, shot these two turkeys while
hunting with her husband at the YO Ranchlands Nov. 8. Hageman says she will
have the Thanksgiving and Christmas birds covered! –ab
Page 8
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.am1300the zone.com
How do you know
it’s fall in Texas?
and hybrids are just starting to get comfortable as the water cools down. Since
stipers are native to cold water, they really thrive in the winter. They are very active, feeding hard to prepare to spawn in
the spring. Trade in your shorts and flipflops for a nice jacket and a set of binoculars so you can spot birds working on top
of feeding schools of stripers and hybrids
and fish feeding on top water.
If you do decide to concentrate on
winter stuff like hunting and football and
holidays, be sure you take time to put
your boat up for the winter. Now is the
time to take it to the shop to have any
little glitches taken care of and get it winterized. You will be glad you did when
nice spring weather gets here and all you
have to do it hitch up your rig and go. It’s
a lot easier to get your repairs done this
time of year than in the spring when everybody else discovers their motor won’t
start. The last thing you need is to have
your first time out next year ruined by
clogged fuel lines and such.
I hope you and yours have joyous
holidays! As always, if you want to entertain holiday guests with a fishing trip or
just need a gift certificate for your favorite sportsman, give us a call at 325-3792051!
W
e all know how weird the
weather is here in Texas! We
don’t seem to get definite seasons like some places do. Two weeks ago
I was still waiting until late afternoon to
mow so it wouldn’t be so hot and this
morning I walked the dogs with frost
sparkling on the grass, wickedly happy
that the grass will stop growing now! I
guess that means autumn is here!
My father-in-law just got back from
his annual “last Colorado hunting trip
ever, ‘cos I’m getting too old”. He’s done
this for the last dozen years or so. He and
his brother bagged a couple of really
nice mule deer and had a ball, so I figure
they are already planning next year’s trip.
Acorns are pinging off the tin rooftops
and the deer are coming to eat them. Pecans are falling and any nice evening you
see folks poking around in the leaves under the trees to collect them for holiday
goodies.
The first batch of fresh fried venison
hits the dinner table! While some might
fuss about Bambi’s passing, the rest of
the family is appreciatively chowing
down, thankful for the hunter’s success
and the cook’s skill.
Yep, it’s fall!
Fall affects fishing too. The first
thing you notice is that the lake is a lot
quieter now. There’s not such a line at
the launching ramp. Now you can catch
fish without two other boats making a
bee line for your fishing spot. It’s pretty
much all yours now. Sure you have to
keep your eye on the weather and
choose your days wisely, but even as the
native species of freshwater fish might
be slowing down for winter, the stripers
Ken Milam Guide Service
(325) 379-2051
www.striperfever.com
publishing the industry’s news
Texas
Style





San Antonio
Austin
Dallas/Fort Worth
Houston
South Texas
Into the woods
Par for the course
James Pernell Davis, president/owner of Advanced Concrete Designs Inc.,
had a successful elk hunt in New Mexico. –ab
L-R: Marie Rhom, Michael Cooper and Kevin Omachel, Buyers Barricades,
had a good time at the Houston Contractors Association (HCA) Fall Golf Tournament
at Wildcat Golf Club in mid October. –ab
C
Page 9
Creative can structures
onstruction, engineering and architecture firms competed in CANstruction
Houston at the City Centre in Town and Country Nov. 15.
The teams showcased their talents by designing and building giant
sculptures made entirely of canned foods.
At the close of the Canstruction exhibition, all of the food used in the structures was donated to the Houston Food Bank. –ab
Juror’s Favorite High School: St. Agnes Academy / English + Associates Architects - Optiprism
Most Needed Items: Perkins + Will -CANzilla vs Hunger
Best Meal: PBK Inc. - Los Hombres Kambrientos
Structural Ingenuity: Ziegler Cooper
An AmeriCAN Feast
Best Use of Labels, Jurors Favorite and
People’s Choice: Cobb Fendley - Olaf of
Food Keeps Hunger Subdued
Best Sign: Walter P. Moore - Help Shrink Hunger
Honorable Mention: Kirksey and Turner Construction - Despicable Peas
Other recognition:
Benjamin Franklin Award: Ronn Carabajal, Cobb Fendley
Page 10
Gala of the stars
I
n the grand foyer at Wortham Theater filled with
more than 200 construction professionals, the Associated Builders and Contractors of Greater Houston
(ABC) awarded members for their outstanding project
achievements at the Excellence in Construction Gala
Oct. 30.
ABC member companies submitted their projects
to be reviewed by industry expert judges. These projects ranged from heavy industrial to commercial and
interior renovations.
The event, led by guest emcee Josh Reno, 20-year
radio veteran with 94.5 the Buzz in Houston, honored
those projects that create the landscape of Houston and
beyond. At the end of the evening, ABC awarded the
coveted “Best of Houston” award to E.E. Reed Construction. –ab
Institutional - Publicly Funded:
SpawGlass Construction Corp.
Lamar State College - Orange
Interior Commercial - Hospitality:
Turner Construction - Houston Club Renovation
E.E. Reed Construction won the “Best of Houston” award
Light Industrial:
Satterfield & Pontikes Construction Inc.
S&B Modular Operations Production Facility
Industrial - Turnaround Shutdown:
STARCON International Inc. - Dow Chemical NP2 Turnaround
Interior Commercial:
E.E. Reed Construction LP
Camden Corporate Headquarters
Commercial Less Than $20 Million:
E.E. Reed Construction LP - Black Forest
Ventures Jet Center/Galaxy FBO
Heavy Industrial Maintenance/Small Cap:
KBR Texas Eastman Chemical Plant
Residential: HOAR Construction LLC
M2 Apartments
Finish Interior: 3009
Post Oak - Camarata
Masonry Systems Ltd.
Other Specialty Construction (Commercial ):
Aggregate Technologies Inc. - G.T. “Mickey” Leland
Federal Building Renovation
Commercial Over $40 Million:
D.E. Harvey Builders Inc.
Anadarko Hackett Tower
Round-Up
McKim & Creed Inc.
has named John T. Lucey Jr., PE, as president
and chief executive officer. Lucey was previously the executive
vice president of engineering and business
development at Heckmann Water Resources
(now Nuverra Environmental Solutions).
Lucey will succeed Michael W. Creed,
Ph.D., PE, who will continue serving as
McKim & Creed’s chairman of the board.
Heavy Industrial:
S&B Engineers and Constructors Ltd
Chevron Phillips Chemical 1- HEXENE
LJA Engineering Inc.
has hired Adam Delouche, PE, as a project manager in the
firm’s Houston land
development division.
Delouche has more
than 10 years of civil
engineering
design
and construction related experience for land development
projects and quality management for
downstream oil and gas refining. As project manager, he will be responsible for
planning, coordinating and directing engineering projects and interacting with
clients and other consultants. Delouche
is a graduate of Louisiana State University
with a B.S. degree in Civil Engineering.
Round-Up
Submissions
This is a monthly 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
(published 1st of each month).
Email info to appropriate city issue,
with “Round-Up” in the subject line:
––––––––––––––––––––––––––––––
Houston
[email protected]
Commercial – Other:
E.E. Reed Construction LP
Sugar Land Veterans Memorial
Page 11
Construction Equipment
Xtreme
T
Bobcat
he most popular frame
size got a new upgrade. Operators already
familiar with the 700 and
800 platform loaders tout
the performance, comfort,
visibility and machine protection of the machines.
Now, the M-Series lineup is
more complete, from the
radius lift path and allaround versatility of the
S510 to the extra power,
vertical lift path, excellent
reach and large, high-flotation tires of the S590.
he XR4030 is the newest addition to resulting in the strength and stiffness Premium
M-Series
Xtreme’s line of telehandlers. With a needed to handle loads up to 40,000 lbs. cab has new positioning
40,000 lbs. lift capacity at 36” load center, The XR4030’s boom rollers will outlast for better visibility, inKessler L91 axles driving 23.5R25 foam slide pads several times over. A bulletproof creased cab space, presfilled tires, and a Perkins 173 hp 1204E frame and chassis will withstand the surized interior and retwin turbo engine coupled to a Dana toughest conditions for over a decade. duction in cab sound levels provide comfort.
32000 transmission, the XR4030 is a Heavy duty boom chains resist stretching Stronger hydraulics and more than 20 percent improved attachment perforcapable rough terrain telescopic handler. and sagging. Standard safety feature mance; convenient, easy-to-use controls and many other features saves time and effort on the job. And simplified daily maintenance prevents damage to the machine.
The foundation of the XR4030 begins includes in-cab 360 degree visibility.
The hallmarks of Bobcat performance remain in the new 500 platform: construcwith 2” thick steel plate chassis. CenterAll major components from the engine tion,
smart cooling and a maintenance-free chaincase.
mounting the engine and transmission and transmission, to the cooling system,
Horsepower
ranges from 49 in the s510 to 66 in the S590. Rated operating capaccreates an optimal weight distribution to the axles, to the cylinders, to the entire
ity
ranges
from
1,650
lbs to 2,100 lbs.
and increased stability. Three standard hydraulic system are easily accessible.
steer modes (front-wheel, four-wheel, Beyond accessibility, the use of common
and crab steer) allow for maneuverability. filters allows for easy maintenance and
Rear-wheel steering is an available option. upkeep. The XR4030 doesn’t require
The two-section boom is fabricated from specialized training or unique tools.
he L213 features radialheavy steel plate, with a large cross section,
lift boom geometry,
with the boom connected
directly to the frame for
outstanding pushing and
excavating power. Maxihe 1850SJ Ultra boom®
mum reach is achieved at
from JLG Industries is
roughly eye level during
the world’s largest self-prooperation, making it ideal
pelled boom lift, providing
for loading and unloading
nearly three million cubic
flatbed trucks and trailers.
feet of reachable space.
New Holland knows a
Delivering 19 stories of
comfortable operator is
working height, the JLG®
more
productive.
line of Ultra Series boom
That’s why New Holland delifts reaches more applicasigned a cab with superior
tions at unprecedented
comfort and convenience
heights, moving aerial
and incorporates it into evwork platforms into appliery 200 Series skid steer
cations previously reserved
and compact track loader
for truck-mounted booms
model.
and allowing operators to
No matter which model is chosen, the operator gets a cab that’s one of the widest
work more effectively and
in the industry, with more head room and shoulder room and joystick controls that
productively on the jobsite.
come naturally to fingertips.
The JLG 1850SJ offers a
The long 200 Series wheelbase, combined with a low center of gravity and the
maximum capacity of 1,000 pounds, al- in positioning, and the communication of correct front to rear weight distribution results in a smooth, stable ride.
lowing operators to move more tools and service codes, engine status, fuel levels
materials to the elevated worksite. Pro- and other messages assists the operator
ductivity is further enhanced with faster and service provider with operation, dicycle speeds, enabling the boom to ex- agnosis and troubleshooting.
acker Neuson's 8003
tend from ground to full height in less The JLG 1850SJ further enhances
track excavator offers
than five minutes.
productivity with a powerful turbo diesel
one of the smoothest and
The machine’s telescopic jib extends engine that provides 99.8 horsepower to
most powerful hydraulic
and retracts to provide additional 25 feet optimize drive and lift performance. In
systems available on the
of reach, up-and-over capability and the addition, standard four-wheel drive and
market today in this class.
ability to telescope into and around four-wheel steer maximize jobsite maThis 8-ton excavator comes
structures. A graphic display of the oper- neuverability.
with an air conditioned cab,
ator’s position in the work envelope aids
and a choice of short or
long dipperstick. Powered
by the economical Yanmar
4-cylinder diesel engine,
the 8003 track excavator offers rubber track, dozer
blade and boom-mounted
working light. Hydraulic
system features oil cooler,
pilot joystick controls and
dipperstick-mounted auxiliary hydraulic Other features include: minimal tail
connection for two directions of motion. projection over tracks for work in tight
Other standard features include: auto- spaces; Large cab offers easy access and
shift 2-speed travel drive, hydraulically operator comfort; Tiltable cabin for easy
dampened drive pedals and levers, flat accessibility to all maintenance compofaced couplers and control pattern selec- nents.
tor valve.
T
New Holland
T
T
JLG
W
NEXT month in Focus:
Construction Forecast
2015
Wacker Neuson
Page 12
SkyTrak
Case
S
C
ase skid steers and compact track
loaders have always been known for
power and productivity. Now with nine
new skid steers and three new compact
track loaders, the line is even more impressive.
Improved visibility, operator comfort, climate management and operator
controls define the new Case Alpha Series machines.
To begin, the skid steer cabs are 25
percent larger—the widest in the industry. They feature a revolutionary ultranarrow wire side-screen design that improves operator visibility. Plus, the glass
surface was increased to provide 360-degree visibility.
The Case SV300 skid steer is the result of combining industry-leading tractive force and industry-leading breakout
and horsepower. This vertical-lift machine is engineered for lift-and-carry and
truck loading. With the use of CEGR technology, the SV300 meets Tier 4 regulations while also increasing productivity,
improving fuel efficiency, and increasing
uptime through best-in-class serviceability.
The new Alpha Series machines deliver best-in-class horsepower and bucket breakout force—up to 8,585 lbs (38.2
kN). By any measure, the new Case Alpha
Series will boost performance and productivity.
kyTrak® all-wheel-steer
telehandlers are hardworking machines for
hard-working people. Nononsense design gives operators what they need,
when they need it. They offer the maneuverability
and stability to handle the
toughest terrain with loadsensing hydraulics, a solid
steel frame, joystick controls and a host of other
p er formance - b oosting
features. Three steering
modes and up to 18 inches
of ground clearance provide excellent maneuverability for virtually any jobsite. There are five models
with capacities up to 10,000 pounds and
up to 54 feet of lift height.
The Skytrak cab features an uncluttered design that is both rugged and
comfortable. It is designed to help keep
operators comfortable so they are more
productive.
There are also a host of accessories
and attachments available for Skytrak
telehandlers that can make these machines more flexible and productive on
the jobsite. Power and reliability ensure
that work gets done.
John Deere
Caterpillar
S
erious productivity demands serious
thinking. Many of the numerous advantages of the 844K-II came from the
brightest minds in the industry — John
Deer’s Customer Advocate Group. Armed
with insights from loader owners and users, these productive material movers are
equipped with larger, higher-capacity axles with standard axle cooling and filtration for heavy-duty maneuverability in
T
he new Cat® 950M wheel loader powered by a Cat C7.1 ACERT™ engine
meeting Tier 4 Final emissions standards
- is significantly more powerful than its KSeries predecessors and delivers 10 percent better fuel efficiency. The new model features major drive-train refinement,
extensively redesigned hydraulic systems, new cab amenities, electronic payload measurement, optimized Z-Bar linkage that combines optimized bucket performance with parallel lift, and a range of
Cat Performance Series buckets and work
tools. These innovative systems intelligently lower the average working engine
speeds and reduce the overall system
heat loads which result in significantly improved performance and fuel efficiency.
With a net rating of 230 horsepower
(171 kW), the new 950M produces 9 percent more power than its K-Series counterpart. Peak torque is up an average 18
percent for the new model, which means
more useable power at the wheels. In addition, the new, productive Economy
Mode automatically senses power-train
load and adjusts engine speed and
torque for optimum performance and
fuel efficiency.
The 950M use a new five-speed Cat
power-shift transmission featuring a lockup clutch torque converter with lock-tolock shifting (transmission gear remains
locked during gear shifts), as well as the
Cat single clutch speed shift system
(which keeps the forward/reverse clutch
engaged during gear shifts). Auto-shift
features control the automatic shifting of
the transmission and engagement of the
lock up clutch. These two features working together maintain more effective and
efficient torque flow through the transmission during gear changes, especially
valuable when accelerating up ramps.
T
he new German-made
LEO15GT from Teupen
features an improved
working height and lateral outreach.
The LEO15GT is perfectly suitable for applications in tight spots – on the
inside as well as outside.
Due to its compact
design, it passes thru standard doors and offers fast
and efficient access to
confined areas that regular access platforms can´t
reach. All functions are
available centrally from
the basket. The easy handling makes the machine
attractive to both – operators and rental companies.
the most demanding terrain. Self-adjusting wet-disc brakes for extended wear
life and sure stops; advanced onboard
diagnostics with pushbutton customization of machine operation and response.
All to help increase productivity and uptime, while lowering daily operating
costs. Owners, operators, and maintenance personnel will benefit from the big
ideas found in the 844K-II loaders.
Teupen
Page 13
Leica
Link-Belt
T
he Leica ICON
Robotic
Total
Station ICR60 series
perfects one-person construction
layout and 3D Machine Control. With
high performance
tracking; an innovative prism lock &
find
mechanism,
and job tailored
software makes it
the most powerful
remote control robotic total station
on the market.
The new cube
search builds a virtual 3-D cube around
the prism’s position. The ICON robot dynamically searches within its dimensional
cube for its targeted prism.
The ICON CC66 controller or data collector is a construction tough Windows 7
handheld computer with no cables, long
range bluetooth connections, WiFi, and
fully loaded with desktop programs capabilities. The MEP module now includes
a set of four MEP routines.
Whether one constructs buildings,
roads, bridges or tunnels, the benefit
from intelligent construction is obvious.
Leica ICON is more than a new product
line or software package, it enhances
performance, and increases profitability
through perfecting your construction
workflow.
I
n 2002, Link-Belt introduced the world to hydrostatic drive on a six-wheel carrier
frame with the RTC-80100 Series II. Twelve years later, Link-Belt is adding reach and
capacity to its rough terrain crane line with the new 150 ton (135 mt) RTC-80150 Series
II, powered by a 345-hp Cummins Tier 4f diesel engine.
Features include full power latching style boom with market leading capacity for
its class; innovative 10 ft (3.0m) fly integral to one of the on-board fly options; over 25
tons (22.68mt) capacity and two load line lift procedures; and a counterweight that
consists of modular-style counterweights for multiple transport and lift scenarios.
Coming together to make a difference in today’s political world
Brian P. McGuire, President and CEO
Association Equipment Distributors (AED)
Alexandria, VA
A
s the trade association for North
American construction equipment
distributors, AED is playing a pivotal role
in shaping public policy. And while the
nation did not exactly elect a transportation-friendly Congress on Nov. 4, I am excited about the opportunities the lie
ahead. I'm also deeply impressed by all
the AED dealer executives across the
country who rolled up their sleeves and
demonstrated overwhelming grassroots
commitment this fall!
Dozens of members held events for
candidates, including an Oct. 31 rally for
new Senate Majority Leader Mitch McConnell (R-Ky.), hosted by AED member
Brandeis Machinery in Louisville, as well
as local Dallas/Ft. Worth-area distributors
who hosted Rep. Roger Williams (R-Texas) on Sept. 5.
And those were just the beginning.
In 2015, our new regional managers will
coordinate another 60 visits by members
of Congress to AED-member dealerships,
giving lawmakers a first-hand look at the
important role our industry plays in their
districts. Our members are keenly aware
of the importance elected officials to
hear and feel what is of concern to the
construction equipment industry – I
don't know of an organization whose
members – both dealers, manufacturers,
and service suppliers – are more effective
in voicing their concerns and engaging
their own members of Congress.
Bottom line: there has never been a
better time to be an AED member, and
there's no time like the present to get active in this association. There's a lot of
work to be done, and we are leading
charge on numerous fronts. Our top legislative priorities for the lame duck Congress include:
• Permanent extension of Bonus Depreciation and Sec. 179, which encourage contractors to buy new equipment
• Passage of a multiyear federal highway bill – Sen. Jim Inhofe (R-Okla.) will
be the next Senate Environment & Public
Works chairman. Inhofe has strong conservative credentials, a good working relationship with the committee’s top
Democrat. He formerly held the EPW
gavel and has experience shepherding a
highway bill to enactment. That should
allow him to hit the ground running both
to build support for a Highway Trust Fund
revenue fix and to pass new multi-year
road, bridge and transit legislation.
• Immediate approval of the Keystone
XL pipeline – When the dust settles, we
expect the GOP will control 54 Senate
seats. Add to that number the six returning Democrats who say they support
Keystone and you have what looks like a
filibuster-proof majority in favor of getting the project underway.
• Creating a tax environment that encourages investment and allows businesses to grow and hire employees –
New leadership on the tax committees
on both sides of Capitol Hill means the
tax reform debate is on hold in the shortterm. But both Rep. Paul Ryan (R-Wis.)
and Orrin Hatch (R-Utah), respectively
the presumptive incoming chairmen of
the House Ways & Means and Senate Finance Committees, have considerable
depth on tax and budget issues, which
means the process could get underway
quickly as soon as new committee staff is
in place.
AED made its voice heard loud and
clear with our Legislative Action Week in
mid-November. Our members took time
every singe day during the week of Nov.
17 to call and e-mail their members of
Congress to urge swift action on all of
these issues.
The U.S. midterm election results
hopefully send a strong message to both
the president and the members of the
House and Senate: Americans are looking for Congress and the president to get
things done!
AED stands ready to help Congress
and the president move forward on these
and the other important issues before
the nation. I hope all the equipment
manufacturers and distributors of Texas
will join us in our work. I also invite you to
attend our reinvigorated Summit annual
meeting Feb 10-13 for a week of extensive executive and management-level
education (6 tracks), unrivaled keynotes,
Condex and Hospitality Suite meetings
with the industry's suppliers, plus great
golf, relaxed gatherings for networking,
and a fantastic party with a live auction to
benefit The AED Foundation's workforce
development efforts. Please visit aedsummit.com for details, and I welcome
your feedback directly to me anytime at
[email protected].
AED is an international trade association representing companies involved in
the distribution, rental, and support of
equipment used in construction, mining,
energy, forestry, power generation, agriculture, and industrial applications. More information is available at www.aednet.org.
NEXT MONTH
January 2015
Support Your Industry’s Feature Issue
Construction Forecast
2015
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
•
•
•
•
San Antonio
Austin • Houston
Dallas/Fort Worth
South Texas
July:Electrical Industry
Aug:Service Providers
Sep: Green Building Trends
(210) 308-5800
Oct: Specialty Contractors
Nov: Architecture & Engineering
Dec: Construction Equipment
Page 14
Association Calendar
Content submitted by Associations to Construction News
ABC
Associated Builders & Contractors
Dec. 1: OSHA 501 Course, 8am
Dec. 3-4: CRC/CHC Conference
Dec. 11: PAC Holiday Party, 6pm, Nouveau Art Bar
Dec. 17: Collecting on Construction
Work: Lien and Bond Claims
For more information call 713-523-6222
AGC
Associated General Contractors
Dec. 2-5: OSHA 501 - Trainer Course for
General Industry
Dec. 9: BIM Unit 4: Process, Adoption
and Integration
Dec. 10-11: Project Manager Development Program Module 5: Leadership
Dec. 16-19: ETI 101 - Intro. To Environmental Compliance
Dec. 19: Certificate of Management -BIM
Credentialing Exam
Dec. 9: Safety Committee meeting, 10am
Dec. 9: Marketing to GCs Committee, 1pm
Dec. 10: Government Advocacy Committee meeting
For more information call 281- 679-1877
IEC
Independent Electrical Contractors
Dec. 3: Open House Christmas party,
noon
Dec. 8: Electrical License Renewal Class
910, 6pm, Houston facility
Dec. 13: Electrical Estimating and Beyond (500), 8:30am-3:30pm
MCA
Mechanical Contractors Association
Dec. 3: Membership meeting, 11:45am,
HESS Club
Dec. 17: Joint meeting (contractors and
associate members), 11:30am, HESS Club
NAWIC
AIA
American Institute of Architects
Dec. 1: Women in Architecture presents
Diane Hoskins, FAIA: A Conversation with
the Co-CEO of Gensler, 5:30pm
Dec. 3: YAF: Ben Brewer Happy Hour and
Panel Discussion
Dec. 6: ArCH Walking Tour – Buffalo Bayou
Dec. 10: Holiday Party
Dec. 13: 6th Annual Gingerbread Build
Off
Dec. 18: Full Day CE
Nat’l Assn. of Women in Construction
Dec. 9: Holiday Social: Discovery Green,
Under the Ice, 1500 McKinney St., Membership is not a requirement for attendance, RSVP as soon as possible
For more info: www.nawic-houston.org
NECA
National Electrical Contractor Assn.
Dec. 6: Annual meeting and Christmas
Party
Dec. 9: Houston JATC meeting
PHCC
ASA
American Subcontractors Association
Dec. 3: Membership Committee, 9am,
Pieper Houston Electric
Dec. 4: S.A.C.K. Lunch Series: Labor Laws:
Changes That Affect Businesses
Plumbing-Heating-Cooling Contractors
Dec. 10: Member Lunch and Toy Drive,
Saltgrass Steakhouse
For more info: www.gulfcoastphcc.org
Moody Gardens holiday ‘Ice Land’ exhibit
continued from Page 1 — Family ties
“We look forward to open bow season every year. We usually take employees and family to the ranch.”
Projects the company has completed over the years include Berry Plastics
Corporation, Midland Western Building,
Peltier Windfern, Teneris, Swaby-Lobeline, PolyOne Corp. and Forbes Construction.
“In the future, we plan to update our
manufacturing base with the energy industry projects,” Cunningham said. “We
look forward to 2015!”
Cotemp is a commercial and industrial air conditioning and mechanical contractor. Headquartered in Houston, Cotemp services the Houston-Metro area
while maintaining the ability to provide
larger project solutions for regional, state,
national and international projects. –ab
continued from Page 1 — Glass act
Top Golf North. Employees also attend
occasional fish fry events at the office.
“Rodney and most of the employees
are avid hunters and fisherman,” she said.
“I love to travel, spend time with my two
kids and drive my Jeep. Dorothy spends
her free time at the slot machines whenever she can go.”
Spring Glass & Mirror is a member of
the Texas Glass Association (TGA), Houston Area Glass Association (HAGA),
American Subcontractors Association
(ASA) and Texas Construction Association (TCA).
“Our plan for Spring Glass & Mirror is
to continue developing new customer
relationships while giving our current
customers the level of satisfaction they
deserve,” Lewis said. “This is something
we take pride in as we continue moving
forward with Jerry’s vision for the company.”
Spring Glass & Mirror offers construction services related to commercial glass
and glazing for the needs of building engineers, property managers, general contractors and owners. –ab
continued from Page 1 —Winter wonderland
be inconvenienced and would continue
to receive the same quality experience
they’ve come to expect at Moody Gardens. At times, renovations to hotel
rooms were taking place with hotel
guests occupying adjacent rooms.
“In addition, the project needed to
be held to a tight budget,” she said. “Gilbane engaged in value engineering with
Moody Gardens to ensure that all of the
elements the owner wanted renovated
could be achieved within the approved
budget.
“We were ultimately able to extract
enough savings from the project through
material selection and repurposing to
renovate the hotel lobby and the hotel’s
exterior, two elements that were not included in the original grant.”
Close collaboration between the
owner, architect and Gilbane was essential to the successful completion of the
project on time and on budget.
“Gilbane enjoys a great, long-term
relationship with Moody Gardens,” Cotie
said. “We know their business. We understand their customers and, as a result,
they trusted us to make key decisions
that we knew would save them time and
money and serve their project well.”
Gilbane worked with Morris Architects and Moody Gardens to agree on an
overall theme for the renovations before
demolition began, resulting in an environment that captures the hotel’s essence and creates a memorable customer experience. She says it was great working with a positive group of energetic
people.
In order to create the holiday ‘Ice
Land’ exhibit in Galveston’s warm-weather climate, she says Gilbane needed to
pour concrete footings and erect a temporary tent structure in the parking lot of
Moody Gardens. They installed new permanent power to feed temporary chillers
so the tent could be cooled down to the
9 degrees necessary to preserve the 900
tons of ice brought in to create ice sculptures and three ice slides.
Gilbane worked with the City of
Galveston to acquire all of the extensive
permitting needed for the ‘Ice Land’ tent,
coordinated all of the mechanical, electrical, show lighting work and collaborated
closely with Nickelodeon, the party responsible for developing the overall ‘Ice
Land’ theme and story line to make sure
they stayed within budget.
To ensure worker safety, Gilbane presented safety instructions to the 31 ice
carvers from Harbin, China.
“Given the language barrier, interpreters needed to be brought in to help
us convey important safety regulations
and communicate throughout project
development,” Cotie said. “The warm
Gulf Coast air, unpredictable weather
and potential hurricanes required a great
deal of pre-planning and engineering to
ensure a successful outcome. “
Brothers, William and Thomas Gilbane founded Gilbane in 1873. The a construction and facilities-related solutions
firm remains family-owned and managed
today, with the active involvement of 4th-,
5th- and 6th-generation Gilbanes, including Houston-based Senior Vice President
and Southwest Business Unit leader, Dan
Gilbane. Gilbane operates more than 50
offices worldwide with more than 2,500
employees.
Professional team:
Moody Gardens Hotel Renovation:
Project Executive: Mike Matula, Gilbane
Building Co.
Project Manager: Angela Cotie, Gilbane
Building Co.
Superintendent: Fenetre Crenshaw, Gilbane Building Co.
Architect: Morris Architects, Inc.
Holiday "Ice Land" Exhibit
Project Executive: Mike Matula, Gilbane
Building Co.
Project Manager: Angela Cotie, Gilbane
Building Co.
Assistant Project Manager: David Maniha,
Gilbane Building Co.
Superintendent: Fenetre Crenshaw, Gilbane Building Co.
Architect: WorkTM
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Page 15
Construction News JOB SIGHT
Industry FOLKS
Moving on up
Jerry Hatch
Manager of Engineering
Development
NCI Building Systems
F
rom a young age, Jerry Hatch was
drawn to engineering.
“I like the flexibility to be creative
in design and I like the freedom to face
challenges – in design, fabrication issues or new code issue requirements
– and work a problem from the ground
up to ultimately provide a benefit to
this company,” Hatch said. “I am given
a lot of latitude in my job in how I address these issues and I welcome the
chance to problem-solve.”
Hatch manages the development
of the company’s design manual,
serves as the liaison between NCI and
the Metal Building Manufacturers Association’s (MBMA) research committees, oversees the company’s welding
programs and coordinates with the
quality assurance team.
In October, he was the conference
organizer at the NCI Building Systems
annual engineering seminar.
“The seminar went really well, this
year, covering several pertinent topics
germane to production engineers,”
Hatch said
Born in Worchester, MA, Hatch
grew up in Lincoln, NE. His first job was
working with Virginia Electric & Power
Co. at a nuclear power station in Mineral, VA.
“While I attended school at Virginia Tech, I did research in cold-form
steel design,” Hatch said. “So that, I
think, set me on a path to ultimately
get involved in work with metal buildings.
“If a young person knows that he
or she has an interest in physics, mathematics, or working with their hands,
then engineering would certainly be a
good pursuit for him or her.”
When Hatch isn’t busy at work, he
enjoys watching college football.
“I also went to school at Mississippi State, and their football team is doing well this year. Virginia Tech isn’t doing so well this year, so I can get caught
up in the excitement on at least one
front!” he said. “Growing up in Lincoln,
where football is king, some of my earliest memories are of listening to the
Nebraska football games on the radio
with my grandfather.”
Hatch also likes hunting, when he
can, though he does not get to do that
quite so often.
“I like traveling with my family,
when the schedule allows,” he says.
“Destin, FL is a favorite destination. My
wife and I also like to read spy novels.”
–ab
The CMC Scaffolding Contractors crew works at the historic Texaco building
restoration project in Houston for customer PRA Construction LP. –ab
Making progress
progress
Making
The Bill H
ouston Concrete Construction Inc. crew provides the concrete
work at the Tex-Star Products project. The company is also the GC. –ab
Set in concrete
Men at work
Scohil Construction Services LLC was the concrete installation subcontractor at the
Mandolin Gardens project in Northwest Houston. The project was designed
and built by Talley Landscape Architects. –ab
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a credit for this copyright material.
L-R: Lebzba Lucas, Pablo Clemente, Gustavo Braulio and Josh Melendez, MB Mechanical
Inc., install a climate control system at a shopping center project on Pinemont. –ab
Page 16
On the grid
Taking the challenge
Employees from the Skanska Houston office and their friends and family members
recently participated in a Habitat for Humanity Houston build in the Harrel Park
neighborhood. L-R: Chris Webb, Lauren Webb, Kevin Breece, Jason Light,
Asmir Ibisevic, Diana Tubiera, David Brewer, Kacey Conley, Matt Hensley
Elizabeth Martin and Janelle Bunyan –ab
Breaking ground
Representatives from Gamma Construction and Stantec attended the groundbreaking
ceremony for the Shadow Creek High School project in Alvin in October.
The project is slated for completion in 2016. –ab
AECO’s Sergio Pimentel and David Alaniz
T
he race wasn’t on the track at Texas
Motor Speedway – it was inside an
infield garage where 19 teams from
Texas, New Mexico, northwest Arkansas
and Oklahoma raced against time to install ceiling components. “The 2014 Grid
Games – The Armstrong Ceiling Construction Challenge” hosted Nov. 6 featured a first round for all teams to compete for best installation time, and a second round for the four fastest teams to
compete for cash prizes. The top four
Southland Builders’
teams in the final round were all from
Jared Sigford and Justin Sigford
Texas, with Integrated Interiors Inc. in
Fort Worth taking top prize. –mjm
Winners:
1st Place: Integrated Interiors, Fort Worth
2nd Place: Double Drywall, Fort Worth
3rd Place: Marek, San Antonio
4th Place: Trinity, Fort Worth
Construction News On Location
Roll with it
AECO’s Tyrone Marion and Jerry Williams
Marek’s Hugo Rodriguez
and Gustavo Moreno
Bird’s eye view
L-R: Ken Lunsmann and Ronnie Kristynik sell commercial and residential
floor covering at Buffaloe Floor Covering Inc. –ab
Hoar Construction recently used drone photography and technology for better
project communication at the One Hughes Landing project in The Woodlands.
Ziegler Cooper is the architect. – ab
Want Reprints?
Full Color, Press Quality Digital Reprints available on
any item in Construction News – $42 includes tax
Perfect for framing in the office, a promo
item, for the website or as a gift.
Digital Press Quality PDF is emailed to you. Print as many
as you like. Can also be printed by any graphics
service provider, on any paper selection, size, or finish.
To request a reprint . . .
• Email to: [email protected]
• Indicate you would like to purchase a reprint, and a credit card form will be
emailed for you to complete and return.
If you have any questions, contact the SA home office at (210) 308-5800

December - Construction News

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