August - Construction News

Transcription

Covering the Industry’s News
P.O. Box 791290
San Antonio, Texas 78279-1290
Texas
Style
San Antonio Austin
Dallas/Fort Worth
PRSRT. STD.
U.S. POSTAGE
PAID
DALLAS, TX
PERMIT #1451
Change Service Requested
Houston
Houston
CONSTRUCTION
™
The Industry’s Newspaper
(210) 308-5800  P.O. Box 791290 San Antonio TX 78279  11931 Warfield San Antonio TX 78216  AUG 2011  Vol. 9  No. 8
www.constructionnews.net
Well charged
What Everett takes
William Ellis has owned Ellis Electric for five years.
L-R: Daniel Everett and Edwin Sahagun
P
earland, TX-based Ellis Electric
reached its 35-year company anniversary milestone this year.
William Ellis is the owner and his father Bill founded the company in 1976.
His father is retired nowadays.
“I had the opportunity to grow up in
the business and learn the trade at a
young age,” Ellis said. “I remember helping out at the shop and also going to the
jobsites with my dad as a kid. I took the
business over about five years ago.
“Since I have been the owner, the
company expanded at first, until about a
year and a half ago. Things have slowed
down quite a bit these days. Lately, I am
back to wearing tools and I work with the
crew on the jobs.”
Ellis says his favorite part about waking up in mornings and going to work is
the fact that he is in business for himself.
“I don’t have any other family members that work with me today,” he said.
“My two brothers ultimately decided to
do something else rather than work at
the company. I have a little girl who is 3,
but I really don’t think she will get into
the trade.
“To stay in business for 35 years, I believe it takes having a good name to trade
on and getting referrals through word of
mouth. Customer service is key in the
construction industry. It is very important to take care of your people too!”
continued on Page 13
D
aniel Everett, owner of Everett
Painting & Drywall Repair says
he started out in the construction
industry more than 30 years ago.
“When I first began, I dated a girl
whose father was a painter,” Everett said.
“Around him, if you weren’t a painter or a
deer hunter, you just didn’t make the cut.
So, I became both a painter and a deer
hunter! Nowadays, I am still a painter but
I don’t really do any deer hunting anymore.
“I opened my company in Pearland,
TX more than four years ago. In the beginning, I had a single axel trailer to take
to the jobsites. It was difficult to maneuver, so I got a better trailer about two
years ago.”
Everett says he enjoys what he does
today because he likes making old buildings look new again. He also likes having
the opportunity to work outside instead
of being stuck at an office.
Edwin Sahagun is a laborer and
goes to the projects with Everett on a
daily basis. Sahagun’s father Rafael also
works as a laborer.
“When I get the extra time, I enjoy
getting out to the golf course, although I
haven’t played golf in a while,” Everett
said. “I do a lot of walking these days to
stay in shape. I go walking near San Jacinto College. My daughter graduated
from the college last year.
Two buildings under one roof
T
he Turner Construction Co. (Turner) Houston office has recently completed the Texas A&M University
System National Center for Therapeutic
Manufacturing.
Andy Tandon, project manager at
Turner says the construction team began
the project in Apr. 2010 and finished one
month early in July. He says the facility is
essentially two buildings under one roof
- 48,000sf of academic space and
104,000sf of manufacturing.
He says the academic space will be
used to educate students in biological and
pharmaceutical sciences and the manufacturing space will be leased to commercial pharmaceutical manufacturers.
“Turner built the Texas A&M University System’s “first-in-class” multi-product, multi-technology, pharmaceuticals
manufacturing facility that will be the
cornerstone for revolutionary strategic,
commercial, research and education
based programs,” he said.
“The facility will provide a cost efficient alternative to single product facilities, and will serve as the hub for research
into small scale therapeutics manufacturing and process optimization. More importantly, the facility will be the operational prototype for phase one trials in
the development of personalized affordable cancer vaccines.”
According to Tandon, the facility encompasses all features necessary to comply with FDA current Good Manufacturing Practices (cGMP) standards and consists of multiple portable lab spaces utilizing the latest single use, disposable
product technologies. It is designed for
maximum flexibility while maintaining
consistent FDA compliance, allowing
multiple technologies, often requiring
Texas A&M University System National Center for Therapeutic Manufacturing
Page 2
Houston Construction News • Aug 2011
Carpentry corner
T
When Sanchez isn’t installing cabinets and doors, he likes to cook for his family.
rim carpenter Jesus Sanchez owns
Houston-based MJ & 4 Construction with his wife Maria.
“I have worked in the trade for 15
years,” Sanchez said. “I love what I do today! My favorite part of the job is getting
out to the construction jobsites around
the Houston area. I really like installing
doors too.”
“My cousin sparked my interest to
get into the industry. After working with
him for a while, I decided to open my
own company. I started my business with
one truck and I still have one truck today.”
Sanchez employs two cabinet and
door installers named Roberto Ramirez
and Ferland Flores. His wife, Maria, handles all the paperwork for the company.
Sanchez says it is hard to believe 15
years have already gone by at the company.
“We have stayed in business all these
years by focusing on quality and working
very hard Monday through Friday,” he
said.
According to Sanchez, he has a son
named Samuel who comes to work with
him occasionally in the summertime.
“I’d like for Samuel to learn the business and maybe one day he would enjoy
doing the same thing,” he said. “He is
definitely showing interest and he asks a
lot of questions every day.”
On the weekends, Sanchez says he
enjoys spending time with his family and
friends. He loves cooking chicken fajitas
and hamburgers on the barbecue pit, he
said.
“My goals for the future are to continue to get more jobs in the Houston
area for years to come.”
MJ & 4 Construction provides trim carpentry for residential and commercial projects. –ab
Going, going, gone
Houston-based Cherry Demolition recently demolished the old YMCA building
on Smith Street. The company provides industrial, commercial and residential
demolitions and waste management. –ab
Page 3
Building a legacy
G
Give us a call, or
email your editor
if you would like
your company and/or
personnel to be
in an upcoming issue.
Houston
Paint tour
BehrPro, a manufacturer of paints, decorative finishes, primers and stains, held
the BehrPro Experience 2011 mobile tour in late June. Local painting contractors
attended the event and saw product demonstrations and had a chance to win a
Ford F-150 truck at the Spring, Galveston, Pink Oak, Lumpkin, Brinkman and Gulf
Freeway Home Depot stores. –ab
Gary Shiver loves fishing at Port Mansfield.
ary Shiver, owner of Building Air
Service, opened his company in
1969 in Pearland, TX.
“I started at another location just
down the street from our current location on South Main Street,” Shiver said.
“We moved here in 1976.
“Things have progressed nicely in
the past four decades. Business is good
right now too. We have been bigger and
smaller and bigger again.”
According to Shiver, to stay in business more than 40 years, it takes working
long hours and lots of dedication.
“I am 74-years-old and I work from
6:45am to about 7pm every evening,” he
said. “That is just what it takes. My other
tip for success is to always please your
customers.
“The air conditioning business has
changed a lot over the years. Prices have
also increased quite a bit.”
Jamie Martinez is the secretary and
Submitted to Construction News
Shiver’s son Bill helps him run the company.
“Bill runs the construction side and I
run the repair side,” Shiver said. “It all interlaps though. I think Bill knew more
about air conditioning when he was 16
than most people know at 25. He is very
good.”
When Shiver has extra time, he loves
going hunting and fishing. He goes
whitetail deer hunting on property 40
miles south of San Antonio, TX, he said.
“I go salt water fishing at Port Mansfield every chance I get,” he said. “I catch
redfish and trout. In fact, I was at Port
Mansfield between the freezes in January. I caught 100 trout a day for two days
all by myself. It was catch and release,
but it was so much fun!”
Building Air Service is a commercial
and residential air conditioning contractor
serving Houston and the surrounding areas. –ab
Abby BeMent
houstoneditor
@constructionnews.net
713-599-1774
San Antonio home office
210-308-5800
CONSTRUCTION NEWS
Houston Editor — Abby BeMent — [email protected] — 713-599-1774
Construction News Ltd. Home Office
P.O. Box 791290 • San Antonio, Tx 78279
210-308-5800 Fax 210-308-5960
www.ConstructionNews.net
Publisher . . . . . . . . . . . . . . . . . Buddy Doebbler
Editorial/Production . . . . . . Reesa Doebbler
Managing Editor . . . . . . . . . . . Debra Nicholas
Production Mgr . . . . . . . . . . . . . . Sue Johnson
Sales Representative . . . . . . . . Kent Gerstner
Administration . . . . . . . . . . . . . . Kevin Hughes
Want to be in Construction News?
Simply contact your city editor.
We also welcome your outdoor stories
and photos (hobbies, trips, talents, etc.)
Reprints: Send email and indicate you
would like to purchase a digital reprint
(credit card only)
[email protected]
We will email an Order Form for you to
complete and return.
Extra Papers: Go to our website at
ConstructionNews.net, and select Rack
Locations for a location near you for pick
up of an additional copy. Once the newspapers are bulk-mailed from the printer/
mailhouse, no copies are available for
mailing.
Publishing the
Industry’s News
Texas Style
San Antonio • Austin • Dallas/Fort Worth • Houston
If you are a construction-related company
in Harris, Ft. Bend, Galveston or Montgomery
counties and are not receiving a free copy of
the Houston Construction News, please call
for a Requester Form, or visit our website.
The Houston Construction News (ISSN 15477649) is published monthly, by Construction
News Ltd., dba Houston Construction
News, and distributed by mail to selected
construction-related companies in Houston
and surrounding counties
All submissions should be mailed to our
editorial offices. We reserve the right to
edit any materials submitted. No fees for
materials, copy or photographs submitted
will be due unless agreed upon in advance in
writing. Submissions will be published at our
discretion on a space-available basis.
Construction News, Ltd., dba Houston
Construction News, will not be liable for errors
in copy or in advertisements beyond the
actual cost of space occupied by the error.
Publisher reserves the right to reject any
advertisement at any time.
© 2011 Construction News, Ltd.
Quality Products • Superior Service
Specializing in residential and commercial products such as drywall, steel studs,
insulation, acoustical and all other related building materials. Our materials are
delivered by boom truck, drop shipped, or picked up at our warehouse location.
9635 West Little York
Houston, TX 77040
Phone: 713-896-4002
Fax: 713-896-4003
4818 South Main
Pearland, TX 77581
Phone: 281-992-0002
Fax: 281-993-2002
420 Industrial Blvd.
Bryan, TX 77803
Ph: 979-775-0890
Fax:979-775-0871
8402 Vidor Dr.
San Antonio, TX 78216
Phone: 210-348-8300
Fax: 210-348-8399
www.actiongypsum.com
Page 4
How many brothers and sisters do you
have?
I have two older brothers and one
older sister. They all live in the Houston
area these days.
Chris Masera
Gulf Coast Laser
& Instrument Co.
O
riginally opening his company in
2001, Chris Masera reopened
Pearland, TX-based Gulf Coast Laser & Instrument Co. in April. He has 16
years experience in his industry. He felt it
was time to get the business going again,
after working at another company for a
few years.
Gulf Coast Laser & Instrument Co.
sells and repairs construction lasers, surveying instruments and field supplies.
Are you from the Houston area, Chris?
Yes, I was born and raised in Houston.
What high school did you attend?
I went to Westbury High School in
Houston. I played on the football team in
high school. I played the cornerback position.
My favorite subject in school was
probably history and I did well in science
class too.
What was your very first job?
I worked for a company that manufactured fasteners and nuts and bolts. I
learned to become a machinist. I was a
machinist for a while and I also worked
behind the counter and handled inside
sales.
How did your parents earn a living?
My father worked at Monsanto in
Texas City, TX for many years. My mother
was a housewife and took care of my siblings and me.
What did you do after high school?
After high school, I went to the University of Houston and Houston Community College for a little while. I got what is
equivalent to an associate’s degree in basic electronics.
Did you go to work right away?
I went to work for a company called
R.L. Sargent Co., which was one of the
oldest survey dealers in Houston. Mr. Sargent started the company in 1945. There
were only two dealers like this at the
time. I worked there for several years.
Next, I went to work for another dealer. I
started in the service department repairing surveying instruments and lasers.
Are you married today?
Yes, I am married to my wife, Jodi. We
got married in Oct. 1999. She basically
does all my bookkeeping work and all the
things I can’t do. Her dad also comes into
the office to help out every now and
then.
How did you meet Jodi?
It is a great story. We actually met on
KILT radio station. They had what is
called the Loving Line. They don’t have it
anymore. People called into their system
and went through a series of questions.
I left Jodi message with the radio station and she liked my voice right away.
She gave me her phone number. I didn’t
call her back because I accidentally
erased her number on my answering machine. Thankfully she called me back!
We met on a blind date at Pappasito’s across from the Astrodome. We both
pulled in the parking lot at the same time
and we were both driving pickup trucks.
We have been together ever since.
Do you and Jodi have any children?
We have two daughters ages 9 and 6.
They have played soccer in the past and
they are going to start dance classes in
August.
What is the best part about being a
company owner?
I think the best part is I am my own
boss. I have more flexibility with my time
too. It seems to be a little bit more stressful, but it’s all good!
Chris Masera has 16 years experience in his industry.
Who are your customers?
Our customers are surveyors and
folks in the construction trades such as
dirt work contractors and interior construction contractors.
What does a typical day look like for
you?
Some days I am very busy and some
days it is very slow. I make deliveries and
I do repairs. I go to jobsites all the time. It
is fun to me!
One of the things that we do different than other dealers is we do a lot of
delivering in the Houston area.
What advice would you give a young
person who wants to do what you do
today?
If you’d like to get into this business, I
think it would be best to start out in the
service department at a survey dealer.
I think service technicians make
some of the best salesman. They know
the equipment and they know how it is
used in the field. Next, you can work your
way up from the service department.
In your opinion, what does it take to
be successful?
Customer service is key. Be honest
with your customers. Do what you say
you are going to do.
How have things changed in your industry?
Things have changed a great deal
since I first got into the industry. Technology has changed so much. With the
changes in the instruments and equipment, surveyor’s jobs have become easier.
These guys can do a large boundary
survey in a couple of hours when it used
to take them couple of weeks.
Have you added any new services lately?
I have a full service center here at our
office. I am certified with manufacturers
such as Sokkia/Topcon, Nikon, Leica,
Trimble, AGL Laser, CST, Rollatape, Schonstedt, Subsurface and others. Every couple of years I go to a manufacturer school
to keep up with the latest technology
changes.
What did you and your family do over
the Fourth of July weekend?
We had a family trip planned, but we
had to cancel it because I had some
things going on at work. It has been so
hot without rain this summer too.
Jodi and I decided to take the girls to
the city pool and we stayed at the park
for the firework show in the evening. It
was a really great show this year!
What activities do you enjoy when you
are not at work?
When it is not so hot, we try to go
camping on the weekends. We like to
take our boat out on occasion. We have a
pop up camper we take on our camping
trips. We usually end up at Lake Somerville, which is near Brenham, TX.
I also enjoy saltwater fishing and I
like to catch redfish, flounder and speckled trout. We go to Galveston from time
to time. We are planning to go to Galveston at the end of July
My youngest daughter loves to go
fishing with me and my oldest daughter
likes to go hunting with me. The girls enjoy going shopping with their mother.
Where do you go hunting?
I usually go hunting at a deer lease in
Llano, TX, which is in the heart of the Hill
Country. I hunt whitetail deer and turkey
in the fall season. I love it out there!
I also do a little bit of hunting in
South Texas.
Have you traveled outside of Texas?
I have traveled to California and Oregon for business. Before the kids were
born, Jodi and I enjoyed visiting Italy,
Mexico, Hawaii and Wyoming.
How was Italy?
Well, my grandparents are from Italy.
They lived in two separate towns, not far
apart. They met and got married in the
United States.
Jodi and I went to Italy for our honeymoon. We started out in Rome, went to
Florence and we went to the little towns
were my grandparents lived. I still have
family over there, so they had a big dinner for us. It was really neat!
In Hawaii, did you go to Maui and
Oahu?
Yes, we stayed in Maui and then we
went to Oahu. We went to the North
Shore where all the surfers go and also
saw Bonzai Pipeline. We can’t wait to go
back one day! We went to Hawaii for our
first wedding anniversary.
Do you have any pets?
Jodi had a dachshund before we got
married and he passed away this past December. We was 17.
In 2000, I brought her another dachshund home named Sydney. We still have
her today. Jodi and the kids also take
care of a guinea pig.
What are your future goals for the
company?
Eventually, we want to grow the
business enough where we can move out
of our current location. It is a little small
where we are at now.
My ultimate goal is to have another
location in Victoria, TX or Corpus Christi,
TX. I’d like to have small, satellite stores
one day that serve a rural area. –ab
Page 5
Fraud prevention re-visited
Lynne M. Grix, CPA CFE
Lynne M. Grix, CPA CFE P.C.
San Antonio, TX
S
everal years ago, I wrote a column for this newspaper
entitled “Simple Steps to Help Prevent Employee
Fraud”. This column presents a great opportunity to revisit that topic and expand upon the area of fraud prevention.
A long standing believe is that all a
business needs to prevent employee
fraud is a strong system of internal controls. But in reality, internal controls are
only part of the answer to fraud deterrence. Owners and managers should
take a proactive stance in preventing
fraud. New employee training should include some basic antifraud training. After all, fraud hurts everyone. It can impact salary increases, benefits and general morale. Employees should be aware
of the controls that are in place because
the “perception-of-detection” can help
remove the temptation.
Do you require your key employees
to take at least a full week of vacation at a
time? This applies to field staff as well as
office personnel. Many frauds require
continuous monitoring and/or manual
intervention by the perpetrator. By establishing mandatory vacations together
with job rotation the concealment element is interrupted. It is important that
during the employee’s vacation, another
individual performs the normal workload
of that employee. Additionally, job assignment rotation can prove invaluable
in the case of illness or extended family
emergencies that would require an employee to be away from the workplace for
an extended period of time.
What about control of company
credit cards? Personal use of company
credit cards has become a favorite way
for employees to increase their take
home pay. The number of authorized
credit card users should be strictly limited. There is no need for more than one
individual at each job site to have the
ability to charge materials and supplies.
A policy should be in place that requires
receipts be turned into someone in your
accounting department on at least a
weekly basis. Receipts should be compared with each credit card statement
monthly and this reconciliation should
be performed by an employee who does
not have access to the credit card. It is
also a good idea to have second employee review and sign off on the reconciliation.
How about analysis of charges on
fuel credit cards? Periodically calculate
the total gallons of fuel purchased by
each authorized user of the company’s
fuel card. Then convert the gallons to an
estimate of miles driven and compare the
mileage with the employee’s job site assignments. Any unusual fuel usage
should be investigated and explained by
the employee. If the same employees
continually have excessive fuel usage, it’s
time to ask questions.
How often does your accounting department perform a closed job cost analysis? Most construction companies monitor costs on jobs in progress against
budget on a weekly basis. Usually this is
part of the project management team’s
responsibility. Cost overruns are identified and corrected if at all possible. On a
periodic basis, depending upon the size
and complexity of your business, have
someone in accounting look at a closed/
completed job. Analyze the total labor
hours charged to the job versus the original estimated hours, adjust for any
change orders, then look at the variances
by classification. The information can
prove valuable for the next time you bid
a similar project and can uncover hours
paid that were not worked on the job or
even worse a “ghost” or non-existent employee. Double check all material and
supply charges against vendor invoices
and the original estimates. You could
possibly uncover misused of materials or
vendor kickbacks. Purchasing and project management personnel should be
made aware that there will be from time
to time an “audit” of job performance.
Remember the “perception-of-detection” can be a powerful deterrent.
Lynne Grix is the owner of Lynne M. Grix,
CPA CFE P.C. and has over 15 year’s public
accounting experience working extensively
with construction contractors. Lynne is also
a Certified Fraud Examiner and can be
reached at [email protected] or (210)
259-8243.
Construction News ON LOCATION
On the road again
Construction News caught up with owner Ron Strickland, owner of Mr. Plumber
before his next job. The company provides commercial, industrial and residential
plumbing installation and services in Houston and Baytown, TX. –ab
You have more exposure to
pollution claims than you think
Chuck Ashton, Vice President, Sales
Independent Insurance Group, Inc.
Dallas, TX
S
ubcontractor X is working in an older building on the
remodel of a room. The sub cuts back a water pipe
so that new fixtures can be installed. The sub is working
on a Saturday and when he goes to cap the pipe he discovers he is out of metal caps
so he threads on a plastic cap. Over the weekend the plastic cap leaks and floods the
room and a room next door.
The claim goes to the builders risk policy
and they explain the scope of work as defined in the contract did not apply to the
room next door. The builder’s risk policy
handles damages to the room where the
work was done but they deny the losses
in the other room. The owner asks the
GC who is going to pay. The sub has a
general liability policy and the sub’s insurer agrees the sub was negligent and
starts handling the claim.
The clean up requires the floor tiles be replaced and that is when they discover the
tiles contain asbestosis. The men in space
suits are called, and the tiles are removed.
The sub’s insurance company says the total cost of clean-up was $30,000 but
$16,000 was for asbestosis. That is considered a pollution claim. The insurer
pays $14,000 and denies the rest of the
claim because of the pollution exclusion
on the policy. Now the GC and sub have
to find a way to pay the owner out of
pocket.
Do you store heavy metals, perhaps not
as raw material but in a product? For example, after a fire it was discovered the
tenant stored molds made of lead. Lead
is a heavy metal and requires special handling. The men is space suits came, removed the lead, and the insurance carrier
denied that portion of the loss because it
was considered a pollution claim.
In another claim, a fire department evacuates a building as the occupants begin
to get sick and some become seriously ill.
They discover a contractor was working
on a project next door running a diesel
generator. Fumes from the generator entered through the building’s ventilation
system. The contractor was sued by the
sick employees and the businesses that
lost time due to the evacuation. The
general liability carrier denied the defense and payment of the claim citing the
pollution exclusion.
A contractor has a 100 gallon tank of water mixed with chlorine in the back of his
pickup which is used to treat swimming
pools. The pickup loses control on a major highway and flips over. The tank rup-
tures and spills its contents onto the
ground. The tank is not properly marked
but the owner shows up to explain the
contents. The fire department refuses to
take any chances because there is no
hazmat book in the truck. Traffic is shut
down in both directions as the men in
space suits are called to clean up the spill.
Ironically, the chemical spilled dissipates
within 30 minutes and it is an hour before
they start to clean the spill but, in today’s
terrorism environment, no one can afford
to take chances. Pollution materials in
transit, except those that leak out of the
mechanical parts relating to the operation of the vehicle, are not covered as pollutants under the standard automobile
liability policy.
A roofing contractor is working on a hot
tar roof. Fumes generated from tar kettles and treated roofing surfaces cause
irritation to employees within the building. Since coal tar pitch is a potential carcinogen, exposed individuals in the
building are worried about their health
and file a lawsuit. The roofing contractor
is liable for releasing potential carcinogens into the building via the HVAC system.
An electrical contractor disposed of project material at a municipal landfill approximately ten years earlier. The contractor was notified by the EPA that he
was considered a de minimus potentially
responsible party (PRP) and his settlement portion was $180,000. Coverage
was denied under his general liability
coverage.
You may read each of these examples
and say, “That does not apply to me.”
That is not my point. My point is this,
none of these contractors ever expected
claims like these would happen to them,
and yet they did! If it happens to you; are
you prepared?
Chuck Ashton is Vice President of Sales at
Independent Insurance Group, an agency
specializing in Commercial Insurance for
Contractors. Chuck can be contacted at
[email protected]
Page 6
What is your
favorite restaurant?
Recovering an unfortunate
cost of doing business:
Attorney’s fees
Bill Venegoni, Senior Associate
Law Offices of James Stanton, LP
Dallas, TX
I
t is an unfortunate reality that legal expenses are an
unwelcome, but necessary, cost of doing business. In
a much appreciated effort to help small and large businesses alike, the Texas Legislature passed two bills designed to help individuals and companies who need to pursue valid construction-related claims and those who may be caught up in defending frivolous lawsuits recover
their legal costs.
Both bills were passed in May and
each becomes effective Sept. 1, 2011.
First, by changing one word to Section 53.156 of the Texas Property Code,
the Legislature imposed a dramatic
change relating to actions for enforcement of lien and bond claims. Section
53.156 permits a party in a proceeding to
foreclose on a lien, enforce a bond claim,
or to declare any lien or claim as invalid or
enforceable to recover an award of the
party’s costs and reasonable attorney’s
fees. As currently written, the section
states that a court “may” make such an
award as is equitable and just. To the dismay of many parties seeking to enforce
their lien and bond claims, as well as
those who are seeking to have bogus
claims declared invalid, courts in the past
would typically rule that each party to
the case should bear their own legal
costs. Court’s have been resistant to
award attorneys fees in these cases because they find that most cases do not
involve egregious and malicious actions
by the parties, and therefore, as legitimate disputes, each party should pay
their own legal fees as a cost of doing
business.
To remedy the court’s reluctance to
award attorney’s fees, the Legislature
changed the word “may” to “shall.” Here,
one small typographical step leads to a
giant leap in the recovery of attorney’s
fees. Now courts must award attorney’s
fees. Keep in mind though the courts still
have ample discretion when it comes to
awarding attorney’s fees. The statutory
language requiring the award to be equitable and just still remains part of the section. Language in the revision also expressly states that a court is not required
to assess attorney’s fees for lien claims
arising out of residential construction.
Curiously, the legislative revisions do
not state that the award of attorney’s fees
must be paid to the prevailing party. This
omission creates the unexpected possibility of a court awarding attorney’s fees
to the non-prevailing party. Presumably,
this omission gives courts wide discretion in determining the equitableness
and fairness of an award.
The second bill passed by the Legislature has been dubbed, “The Loser Pays
Law.” While the legislation that was
passed is not as strong in forcing the “loser” to pay as what was originally introduced, it does begin the process of limiting frivolous lawsuits. Part of this legislation requires the Texas Supreme Court to
adopt new rules to dispose of frivolous
cases upon the motion of one party and
to award the prevailing party its reasonable attorney’s fees. Although the current Rules of Procedure already permit
parties to file similar motions to dispose
of a case, the motion to dismiss contemplated by the new legislation permits a
court to hear the motion and rule without the presentation of evidence.
By permitting a hearing without evidence, the new legislation allows a party
to assert the motion early in the litigation
saving attorney’s fees that would be consumed in the discovery process. Also, by
requiring the “loser” to pay the attorney’s
fees of the prevailing party, the Legislature is sending a clear signal that filing a
frivolous lawsuit has real consequences.
Even though these legislative changes will not keep parties from getting
wrapped up in the unfortunate and too
common world of litigation, they should
help lessen the burden of attorney’s fees
incurred in the prosecution of valid
claims and in the defense of frivolous
lawsuits. With these legislative changes,
the State of Texas continues to show,
“Texas is Open for Business.”
Bill Venegoni is Senior Associate at the
Law Offices of James Stanton, LP. He practices in the areas of construction and lien
law, collections, and general civil litigation.
Mr. Venegoni represents owners, general
contractors, and subcontractors. He may
be reached by telephone at (214) 559-3232
or e-mail at [email protected].
My favorite restaurant is the new Brasserie 19 on W. Gray. They did an excellent
job on the French Quarter-style interiors
and the wine list is really reasonable. It’s
fun to peruse their beverages on the IPad
menu but the absolute best part for me is
fresh oysters on the half shell.
Cynthia Birdwell, Andrews Myers
My favorite restaurant is Carl’s BBQ in Cypress, TX. I actually ate there as a kid. I
am still loyal to the restaurant after all
these years.
Greg Harris, Neff Rental
I highly recommend A.J.’s Meat Market &
Smokehouse in Dickinson, TX. Good barbecue!
Charles Venzor,
Southern Fastening Systems
The Swinging Door in Richmond, TX has
really good barbecue. It is worth the
drive. I think it the best barbecue restaurant in Texas.
Troy Sand, City Wide Equipment Rental
I really like Houston’s. I like having a
cheeseburger and French fries at lunchtime.
Donny Burleson,
Burleson Construction
Texas Land & Cattle Steak House is the
best restaurant in my opinion. It is so
good!
Rachel Cochran, Metal Building Supply
Pappa’s Bar-B-Q has a lively atmosphere
and great food!
Shawn Nelson,
CMC Construction Services
You can’t beat the lunch prices at Jack-inthe-Box!
Jesus Sanchez, MJ & 4 Construction
 Location

Location
 Location
 Location
Publishing the Industry’s News . . .
TEXAS Style
My favorite restaurant is Pappasito’s because that is where I met my wife Jodi for
the very first time on a blind date!
Chris Masera,
Gulf Coast Laser & Instrument Co.
The Olive Garden is my favorite place to
have an Italian meal. I usually go to the
Olive Garden after a long week.
Dwight Borelli, Quality Roofing Corp.
Casa Ama’s in Tomball has a really good
fried avocado dish with chicken inside.
That is my favorite!
Leslie Ward, Century Hydraulics LLC
Gringo’s Mexican Kitchen in Pearland, TX
is really close to where I work. The fajitas
are great.
Elene Hernandez,
Barnett Drywall Supply
Which Wich is an awesome sandwich
shop. I go to the locations on Westheimer
Road or in Pearland, TX.
Jose Arguello, JC Builders
The Armadillo Palace is a great place
to eat barbecue and get together will
friends. It is right down the street from
our shop.
James Rozell, Rulon Electric Co. Inc.
My favorite place to eat is anywhere with
a good hamburger and French fries on
the lunch menu.
Melvin Cweren,
Universal Plumbing Supply Co. Inc.
Here in Houston, I’d say Ninfa’s is the best
place to have Mexican food. The original
one!
Luis Ochoa, Tailor Made Tile & Marble
Dallas/Fort. Worth
Austin
San Antonio
Houston
Home Office
(210) 308-5800
Milestone ceremony
J
Greg Smith, Jamail & Smith Construction, addresses
the audience of clients, project team, employees and
subcontractors.
amail & Smith Construction is in the midst of constructing the Para de Sufrir – Universal Westpark
Church in Houston.
The project team, subcontractors and owner were
recognized during a topping out ceremony Jun. 28.
Representatives from Jamail & Smith Construction,
Ziegler Cooper Architects and Walter P. Moore attended the event. Everyone enjoyed breakfast and refreshments following the ceremony.
According to Greg Smith, executive vice president
at Jamail & Smith Construction, this is the fourth project
the company has constructed for the church and is the
third project where they have partnered with Ziegler
Cooper Architects.
Smith says the project consists of a single-story
church with seating for 1,100 people in the sanctuary,
which is designed with an open floor plan and includes a
raised stage, baptistry area with dressing rooms and a TV
studio for televising services. The church also houses a
wing with six classrooms, a large lobby with a bookstore,
four offices, a conference room, call center and recreation area, he said.
Jamail & Smith Construction is a provider of construction services. –ab
Aerial view of the Para de Sufrir – Universal Westpark Church
Page 7
brought us some unexpected rain showers. I’ve never seen people so happy as
they passed over the coastal bend. It
would really make this writer happy if we
could get a little more of those showers
this month to lower salinity levels in the
bay complex and cool things down.
August
fishing forecast
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.
P
redictable pretty much sums up
weather conditions for the next
month. I guess we really have nothing to complain about, since all we’ve
been whining about is how windy this
spring has been. Late June and early July
Fishing has been pretty consistent
for the last few months, except for a few
off days during full moon phases. Most
of every guide’s clients are going home
with fresh trout for dinner and a few fillets for the freezer. Our trout bit continues to be best at first light and during
gray light just before the sun gets high
enough to penetrate the water. If you
think the fish has quit biting, try moving
to a little deeper area as the sun rises.
Even the slightest depth change can
make a huge difference. Some of the areas producing good numbers of trout are
the spoils islands between Bird Island Basin and Baffin Bay and the Yarbrough
Pass spoils. There are also good numbers
of trout coming from the rocks in Baffin
and the rocky slough shoreline. One of
the hottest bays as this article goes to
press is Nueces Bay, also referred to as the
Back Bay. Quick limits on solid trout with
mixed reds coming off the reefs past second power lines. Low winds and clear
water conditions in August will make this
bay hard to pass up.
For those of you who have been
waiting for the redfish to show, the wait is
over. Many schools have gathered lately
along the shorelines of the King Ranch
from Pita Island to the south end of Emmords Hole. However, they are receiving
lots of pressure from tournament teams
pre-fishing for upcoming tournaments.
Best bet for catching these bruisers is to
get out early and locate these schools of
fish before they are run over later in the
day. Use ½ oz. weedless spoons or large
paddle tail plastics with a ¼ oz. jighead to
make long casts to these fleeing schools
of reds. If there are boats already on a
school of fish, try to figure out which way
they are being pushed and position your
boat so that the school will be headed towards you. You should refrain from blowing into a school of fish if someone is already on them.
Another option in the upcoming
months will be the surf. Typically, winds
are low enough in the mornings to sneak
out the jetties and soak croakers in the
guts along the beach. These healthy silver side trout hit hard and fight longer
than ones you catch in-shore. Limits can
come quick, as can a rough wave over
your boat if you’re not paying attention.
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.
Bill Morris of San Antonio caught this
29-1/2 inch trout on a piggy perch
near them JFK Causeway.
Fish was released after
photo by Capt. Steve Schultz.
Page 8
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.
The good
old days
I remember my wife’s family story about
the first set of water skis her daddy and
his brothers ever laid eyes on.
It seems that a certain young man, who
was an acquaintance of the family,
brought his brand new boat and some
friends to the lake to try out his new set of
water skis. Now this was when everybody had seen the technicolor news reels
of the Everglades water ski shows. I guess
it may have been about the first time anybody every saw an “extreme” sport because it was really catching on with the
younger crowd.
W
ell if that don’t just beat all! I
just got through watching an attempted cattle round up in the
middle of the lake . . . the place that was
the lake until a few weeks ago. Cattle
from across the Colorado River have succeeded in gingerly stepping across the
sloppy remains of the river into uncharted territory. With no more lake or river to
keep them in their place, they have headed out for the Wild West!
That’s how it goes here tonight. My part
of Lake Buchanan is mostly dry these
days. It’s a good thing that the other half
of the lake still has plenty of water and
fish to keep us busy.
Cow grazing beside Colorado River
I have heard folks tell tales about the
drought of the 1950s and make comparisons with our current situation. It just got
me to thinking nostalgic about the lake.
In the 1950s, the economy of Lake Buchanan was booming. It was the first
man-made lake in the Highland Lakes
chain. If you came from the oil fields of
West Texas or the cotton fields of North
Texas, Buchanan was the first lake you
could get to. Add soldiers from Ft. Hood
a little to the north in the mix and the fact
that Llano County was the first “wet”
county you hit when you got to Central
Texas, you had a whole lot of hot, thirsty
people looking to have a good time.
Entire families would load up and come
to stay for days or weeks. Soldiers and oil
field workers would come here to spend
their precious little time off. It was a very
busy place.
Now anybody that has ever water skied
knows that a good teacher makes all the
difference in learning the art. Just imagine trying to just go out and do it to impress the ladies all on your own. Needless to say, it didn’t go well. After a couple
of disastrous attempts, the young man
who was long on cash and short on patience ran the boat up on the bank and
stormed up to the car and yelled at his
friends and abruptly headed for less embarrassing pursuits.
He left the boat there…at the shore…ski
rope strung out behind it…skis slowly
floating off in different directions. Now
imagine four young river rats, raised on
the water, witnessing the whole debacle.
These boys would do anything they
could imagine on the water. By sundown,
all of them had mastered getting up on
the water skis, with not a single casualty.
Water ski show, 1954
SEND IN
YOUR
PHOTOS
...
fishing,
hunting,
skiing,
biking,
racing, or
any outdoor
activity or
sport.
Before summer’s end, they were giving
water ski shows for the local resort
guests. And giving their Momma fits, especially the time she caught them going
over a homemade ski jump (angled plywood with motor oil on it) with their sixyear-old brother standing on their shoulders!
They all survived and grew into men. The
drought of the ‘50s passed, so I figure this
one will too.
Until then, let’s go “save” some of those
poor old fishes from our shrinking lakes
and pray for rain!
Half or Full Day Fishing Trips
All Bait, Tackle & Equipment
Furnished
Your catch Filleted and
Bagged for You
Furnish your TPWD Fishing
License & Refreshments,
and WE DO THE REST!
Ken Milam Guide Service
(325) 379-2051
www.striperfever.com
Page 9
Fantastic fishing
Grand entry
Houston area contractors had fun at a recent fishing tournament held at
April Fool Point Marina in San Leon, TX. The Associated Builders
and Contractors (ABC) Houston Chapter hosted the event. –ab
Liberty for all
Southwest Equipment Rentals Inc. and Atlas Equipment Rentals Inc. owner
Billy McDonald shared this photo he took of an adobe structure
on his latest trip to Santa Fe, NM. –ab
Birds eye view
These seagulls were watching from above, near East Beach in Galveston, TX, at
the recent American Institute of Architects (AIA) Sandcastle Competition. –ab
Abby BeMent, Houston editor for Construction News, recently traveled to the
East Coast and shot this photo of the Statue of Liberty at sunset.
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]
U.S. Coast Guard &
Texas Parks and Wildlife Licensed
Page 10
Round ‘em up
T
Statewide meeting
held in Kerrville
he Earthmoving Contractors Association of Texas (ECAT) held their
2011 annual meeting in Kerrville at
the Y.O. Ranch Resort Hotel and Conference Center June 24 and 25. The statewide affair drew 70 members to the event.
John Mueller, state conservation engineer, USDA/Natural Resources Conservation Service, and Richard Dee Purkeypile, Purkeypile Consulting Engineer
Services, discussed conservation programs and new regulations governing
dam-type structures used for impounding water supplies. Bob Turner, rural issues consultant, provided a legislative
and special session briefing affecting the
earthmoving construction business.
Members enjoyed a skeet shooting
contest at the Hill Country Shooting
Sports Center. J.D. Godby, Godby Construction, Clifton, took grand champion
while Michael Sweeney, The Sweeney
Co., Ft Worth, received reserve champion.
New officers and directors were elected for the 2011-2012 year. Officers are President Dennis Foerster, Foerster Custom
Service, Giddings; Vice President Chad
Ottmers, Chad and Ronnie Ottmers Construction, Fredericksburg; and Secretary
John Frerich, Frerich Materials, Rowena.
Directors by District are: Walter Rothwell, Childress (1); Edmund Jenschke, Kerrville (2); Eddie Leatherwood, Dublin (3);
Bobby Watts, Decatur (4); Ed Smith, Fairfield (5); J.D. Godby, Clifton (6); Galen Weber, Uvalde (7); Tommy Watson, Cuero (8);
Lawrence Krause, New Braunfels (9); Edwin Eckhardt, Fredericksburg (10); Richard Irving, New Braunfels (11); and Clint
Krause, New Braunfels (12). Associate Director is Dave Sund, San Antonio. –dn
L-R: Apprentice competitors Jonathan Bartlett, Primo Plumbing;
Christopher Sproles, Central Texas Plumbing Solutions; Geoffrey Kennedy, TDIndustries;
and Ramon Mendez, Lochridge-Priest
T
he Plumbing Heating Cooling Contractors Association (PHCC) held its
2011 PHCC Texas Roundup in Buda,
TX, Jun. 16 and 17. Over 125 participants
attended the event partaking in a variety
of activities such as an evening reception,
workshops, sponsor exhibits, awards ceremony and the 4th annual apprentice
contest. –dn
Annual awards
Contractor of the Year: Barry Bankler,
Gibson Plumbing, San Antonio
Associate of the Year:
Federated Insurance
PHCC Service Award:
John Lane, JP Company, El Paso
Chapter of the Year Most Net Members:
1st place: Amarillo PHCC
2nd place: Waco PHCC
Apprentice Contest Winners
1st place: Geoffrey Kennedy, TDIndustries, Houston
2nd place: Christopher Sproles, Central
Texas Plumbing Solutions, Waco
2011-2012 Board of Directors
President: W.B. Maples, Cove Plumbing,
Copperas Cove
President-Elect: Ray Jones, Raven Mechanical, Houston
Secretary: Larry Staas, Staas Plumbing,
Waco
Treasurer: Pat Freund, Primo Plumbing,
San Antonio
Immediate Past President: Barry Bankle,
Gibson Plumbing, San Antonio
Zone A Director: Dickie McCurdy, MMM
Plumbing, Heating & Cooling, Amarillo
Zone B Director: Rick Shelton, Shelton
Plumbing Inc., Waco
Zone C Director: Milton Frank, Milton
Frank Plumbing Co., Spring
Zone D Director: Carter Ramzel, Benchmark Plumbing, San Antonio
Zone E Director: Juan Sandoval, A & J
Plumbing & Mechanical, El Paso
Amarillo Chapter: Jerry Billington, West
Texas Utilities
Austin Chapter: Stephen Cox, Cox
Plumbing Co.
El Paso Chapter: Alex Aguirre, Funk &
Company
Gulf Coast Chapter: Phillip Johnson,
Air-Care Southeast
North Texas Chapter: Lee McFarland,
Herndon/McFarland Plumbing
Red River Valley Chapter: Brian Walser,
Brian's Plumbing
San Antonio Chapter: Robi Jalnos,
Steve's Plumbing
Waco Chapter: James Urbanek, Lochridge-Priest
At Large: Craig Lewis, R.E.C. Industries,
Bryan
Associate Director: Marty Kamerbeek,
Moore Supply, Houston
Zone 4 National PHCC Director: Ken
Boen, Boen Plumbing, Inc., Waco
ECAT skeet shooting participants
L-R: Galen Weber, Weber Construction,
receives associate membership outstanding
recruiter award from Marty Caston.
L-R: Tommy Watson, Watson Dozer
Service, receives outstanding membership
recruitment award from Marty Caston.
L-R: Dennis Foerster,
Foerster Custom Service,
presents Marty Caston,
The Caston Company with
a plaque for his service as
ECAT president.
L-R: ECAT incoming First
Lady, Joyce Foerster,
presents out going First
Lady Cyndy Caston with
gifts for her years of
service to ECAT wives
as they take care of
meeting details.
2011-2012 PHCC Board of Directors
Did
you
know?
Past editions can be
downloaded at
www.ConstructionNews.net
Associate member,
Steve Caldwell,
Bituminous Insurance
Co., San Antonio, won
a fitting door prize.
Caldwell consistently
reminds contractors
to use assisted
devises to prevent
back injury.
Page 11
Service Providers
Recruiting
the younger generation
Dan O’Bryan, General Manager
1 Priority Environmental Services Inc.
Houston, TX
H
ow would you describe the state
of the construction industry in
general terms?
I think things are a little bit slow right
now. I have noticed there is more work
going on this summer though.
What are the major changes in the industry in recent years relating to the
type of work you do?
Margins have gotten tighter in recent years. The competition is certainly
more stiff lately too. The regulations
have gotten a little more intense. In addition, there is a shortage on employees.
I have been doing this work for 21
years and I think this year is probably the
tightest our labor has ever been.
What do you think is the cause of the
labor shortage?
I don’t think there are as many young
people getting involved in this end of the
industry. It is hard work. It pays relatively
well, but it is very labor intensive. I think
we need to work on recruiting younger
people to the industry.
We are having to go out and recruit
people and help get them trained and licensed. All of our people have to be
trained and licensed to do the work that
we do. There are initial costs involved
that we used to never have to pay. Sometimes we have to invest the money, just
to get people working.
Construction site protection
on a budget
Keith Jentoft, President
Videofied
White Bear Lake, MN
G
uard services defending construction sites from
vandalism and copper theft have almost disappeared because of tight margins and a down economy;
they are simply too expensive. Thankfully, new technology and wireless communications have created affordable alternatives to address residential construction as well
as large commercial projects. The article provides a “buyer’s guide” for contractors
who want to explore new solutions to the problem of site security.
Background
Alarm systems have evolved in the
past five years. Video cameras, wireless
networks, and monitoring services have
all evolved and create new options for
construction security. Most importantly,
things have gotten cheaper and the services have become more reliable. Construction sites present unique challenges. Systems must operate in a harsh outdoor environment with no power, no
phone lines, and no broadband. Ideally,
the systems should be portable and be
able to be changed as the job site evolves.
Most importantly, the systems need to
do what they promise – protect the site
from theft and being vandalized.
Video Intrusion Alarms
New alarm technology has been
making a difference and delivering results. Video intrusion alarms are something new. The concept is to detect in-
truders and immediately send the video
of the intrusion to a monitoring station
for instant review and, most importantly,
action. The concept goes beyond the
typical CCTV camera and a DVR recording
the site for later review in the event of a
problem. The goal of a video intrusion
alarm is priority law enforcement response to a confirmed crime-in-progress.
Immediate police response means that
vandals are arrested and prevented from
damaging the job site. Traditional CCTV
simply provides a recording of the event
that is reviewed the following day in the
hope of identifying the perpetrators – the
damage is already done. The new systems have proven themselves with cops
making over 40 arrests in four months in
one problem site in Chandler, Arizona.
What to look for in a video intrusion
alarm?
Many security companies provide
What are the cost increases relating to
your industry?
We use a lot of plastic at our company and plastic is a petroleum-based product. The costs have gone up on polyethylene and other materials.
What are the rewards of the industry?
I enjoy my job because every project
is unique. Each project presents its own
challenge. Some jobs are more difficult
than others and some are simple. There
are a great variety of projects. There is
nothing mundane about what we do!
you do today?
In the beginning, I think it would be
best to start out as a worker. Get some
training at first. I have a degree in business, but I don’t think you necessarily
have to have a business degree. College
is helpful. You have to take some schooling because you have to be properly
trained and licensed to do this work. Get
your feet wet and learn the industry. Get
to know people who work in the business. If you are really interested, find and
talk to a mentor who has years of experience.
What are keys to being successful in
the industry?
First, you have to know your industry
and be aware of the rules and regulations. Hire good people to do the work.
That is key to being successful. It is also
important to develop and maintain relationships with the general contractors
and consultants who bring opportunities. When you walk off a project, you
want people to want you to do the next
one.
What advice would you give to a
young person who wants to do what
What is on the horizon for your industry?
Right now, from what I can see, people are holding on to their money. They
don’t want to spend it until they find out
where the economy is going to go. When
the economy turns around, and I am sure
it will, I think people will start to spend
the money. When they do, there will a lot
of people playing catch up.
these new systems from several manufacturers with various options, depending on requirements and budgets. Prices
range from over $10,000 for the highresolution systems to under $1,000 for
the MotionViewer systems. Key points to
consider when looking at video intrusion
alarms include:
with a camera) protect 40-foot areas or
“man traps” at entry points and traffic areas that intruders will follow. MotionViewers are wireless and need no power
or communications cabling.
4. Do you want a “live view” camera?
Once the intrusion is detected and
the monitoring personnel have reviewed
the video confirming the event as a
crime-in-progress, the owner/contractor/job supervisor can be alerted and remotely “log in” to a camera on site to coordinate response. This option will require a broadband connection and power to at least one Pan/Tilt/Zoom camera
located on the site.
5. Does the monitoring company have
experience in the construction market?
Many alarm companies specialize in
either residential or commercial installations. There are some companies that
specialize in construction security and,
although they may charge a little more,
their monitoring station operators have
experience monitoring construction sites.
In conclusion, video intrusion alarms
have made construction security affordable. Police are responding to alarms
confirmed with video as crimes-in-progress and making arrests.
1. What communications are available at
the site?
Wired broadband networks deliver
the least expensive communications
from the system to the monitoring station but the network cables must be installed and they can be damaged and/or
cut during construction. The alternative
is communications over the cell network
which provides the most flexibility and
instant installations.
2. Does the site have power?
There are video alarm systems that
require power to the panel/communicator and there are systems that will operate up to four years on batteries, they require no power. The advantage of the
cordless systems is that they can be installed anywhere, regardless of power
availability.
3. How large is the construction site being protected? Can you designate mantraps?
Analytics systems using cameras
with pixel based detection (called analytics) can provide protection in a large area
such as a parking lot or field. These will
each require wired network connections
and will be more costly. Less expensive
solutions using MotionViewers (passive
infrared, PIR, motion sensor integrated
1 Priority Environmental Services Inc. is an
environmental company and handles asbestos abatement, mold remediation and
interior demolition. –ab
Keith Jentoft, President of Videofied, is
a member of the Electronic Security Association and chairs the Video Technology Interest group. Jentoft introduced the Videofied product line which won the International Security Conference West "Best of
Show" as well as the “Best Intrusion Detector” and “Best Wireless Alarm System” at
the 2009 Electronic Security Expo. –dn
NEXT MONTH
September 2011
Green Building Trends
Support Your Industry’s Feature Issue
Call for Ad Space
Reservations
•
•
•
•
San Antonio
Austin
Dallas/Ft. Worth
Houston
(210) 308-5800
Page 12
Service Providers
Compliance and SUTA – The
silent killers in construction
Mark Mettille
M2 PEO Solutions
Flower Mound, TX
W
hat has changed over the last year? Our national
unemployment rate is still extremely high; there
are more federal and state regulations and labor laws
for employers; gas prices have skyrocketed; there are more OSHA inspectors looking
to hand out fines; most companies state unemployment tax (SUTA) rates have increased dramatically; and the majority of construction companies labor costs have
increased. Let’s face it; it’s not getting any easier to run your construction business.
The good news is Texas has created more jobs than any other state over the past year.
With all that being said, I like to focus on positive solutions to problems that bluecollar business owners face. I will address a couple key issues, and look at the professional employer organization (PEO) solution that may provide a better and more
streamlined way to run your business.
Compliance: How many contractors Immigration and Nationality Act (INA),
are currently in 100% compliance with Family Medical Leave Act (FMLA), Occuthe most recent labor laws and OSHA pational Safety and Health Act (OSHA),
regulations, have their employee hand- and Davis-Bacon Act are not only time
books updated yearly, and carry EPLI in- consuming and expensive, but can also
surance to further insulate them from be extremely frustrating.
employee lawsuits? The reality is less And what about the Patient Protecthan 10%.
tion and Affordable Care Act (PPACA)
The complicated world of federal also referred to as “Obamacare”? How is
and state employment laws continues to your company prepared to deal with it
bog down business owners who would when the final mandates are decided?
rather be focusing on their core line of There are nearly 200 federal labor laws
business. The issues involved with prop- currently enforced by the Department of
erly interpreting and administering such Labor (DOL), which continue to be modilaws as Fair Labor Standards Act (FLSA), fied yearly. How can small to medium
Round-Up
Trico Lift has recently appointed
Chris Carmolingo
to the newly created position of chief
operating officer.
Carmolingo is an
18-year veteran of
the company, Having served previously as executive vice
president, Carmolingo created and developed the company’s sales and marketing program.
In addition, John
M. Paz, the former
owner of Godwin
Pumps, has become
executive chairman
of Trico Lift’s board
of directors and will
provide operational
leadership
and
counsel to the company working with
President and CEO Ken Pustizzi, Carmolingo and the entire management
team.
sized contractors reasonably keep up
with it all? It would take a full time professional HR department to manage this
mountain of paperwork. Wouldn’t it be
nice to lean on a team of professionals to
help navigate the ever-changing landscape of being an employer and the compliance that goes with having W-2 employees? That’s exactly what a PEO allows owners to do. Construction companies who partner with PEOs spend less
time pushing paper and more time making money.
SUTA: The majority of construction
company owners I’ve met with in the
past year have shared with me their ongoing frustrations of rising SUTA costs ,
which have ultimately increased the cost
to run their business. SUTA ironically is
the only tax that businesses actually have
any control over, yet sometimes it’s the
most neglected. The down turn in the
economy has forced thousands of layoffs over the past two years. Because
SUTA is calculated on a three year running average, the consequences of
downsizing your labor force one year will
negatively impact your SUTA rate for the
two following years.
Many small to mid-sized owners had
no idea how losing just one or two unemployment claims would negatively impact their bottom line and ultimately increase their SUTA rate. The SUTA maximum rate in Texas for 2011 is 8.25 percent
with the average new company starting
out at 2.7 percent. Many owners have
seen their SUTA rates nearly double since
the economy went into decline. This typically results from mismanagement of
unemployment claims or the lack of
proper and timely follow up on the initial
claim. This is understandable as most
owners are usually focused on the things
that make their company money, not HR
issues.
This is where a PEO adds value by
handling the unemployment claim, and
following up on required paperwork and
deadlines during the claim process.
Owners who go from a “stand alone” situation to using a PEO usually see a substantial drop in their SUTA rate, which
greatly helps lower the cost of running
their business.
Construction companies who partner with PEOs for help with payroll, workers’ compensation, human resources,
and safety/risk management increase
profitability by focusing on their core
business which grows the bottom line.
They reduce time pushing paper, streamline their cash flow, and share the risks
and liability that goes with having employees. Ultimately, they have peace of
mind knowing that a PEO is helping them
manage the ever changing, complex, and
expensive world of being an employer.
Mark Mettille is the owner of M2 PEO
Solutions. M2 assists construction and
blue-collar companies with solving employment problems in the areas of Payroll,
Human Resources, Workers’ Compensation, and Safety/Risk Management. –dn
Smith
Seckman
Reid Inc. (SSR) recently hired Amy
Lopez, IIDA, AAHID,
as vice president
and team leader in
its Houston office.
Lopez will manage a
full MEP team and
provide services to clients in federal
health care, higher education, science
and technology markets. Lopez joined
SSR from a 15-year career with WHR Architects Inc. She earned a bachelor’s degree
in interior design from Purdue University
and completed the executive management program at Rice University.
Larry Ray
has
joined BNC Construction as senior
project
manager.
Ray will be coordinating and communicating with all parties involved in various projects for
BNC. He will aide
BNC in growing turnkey build to suites and
will execute large tenant build-outs. Ray
previously worked at JH Premier Construction, where he participated in ground-up
work and tenant improvements.
Turner Construction Company has hired
two employees in Houston: Alayne E. Bomba
has been named
marketing manager
for the state of Texas
Bomba has more
than 15 years experience in the architecture, engineering
and construction industries. She will be
responsible for managing marketing operations, analyzing industry trends, strategic planning for promotional activities
and identifying new contacts. Bomba has
an MBA from Texas A&M University and
graduated from the University of Houston
with a BBA in Marketing. Trent Williams has
joined the firm as a
project manager.
Williams has eight
years experience in
the construction industry with a major
focus on healthcare
projects. He holds
an OSHA 30-Hour
Certification and is a LEED accredited
professional. He also is a recruiter for
project engineers at the University of
Houston. A graduate of Texas A&M University, Williams has a B.S. degree in Construction Science with a minor in Business Administration.
Page 13
Association Calendar
Content submitted by Associations to Construction News
ABC
Associated Builders & Contractors
Aug. 4: 10-Hour OSHA Day 1, 7am, ABC
office
Aug. 4: Young Professionals Committee
Kick Off Power Mixer, 5pm, Blanco’s, 3406
West Alabama St.
Aug. 5: 10-Hour OSHA Day 2, 7am, ABC
office
Aug. 10: Bid Mistakes and Protests seminar, 8am, ABC office
Aug. 10: Casino Night, 6pm, DRINK
Houston, 7620 Katy Freeway
Aug. 23: Davis Bacon Act seminar, 8am
Aug. 25: Small Business Safety seminar,
1pm
Aug. 25: PAC Clay Shoot, 2pm, American
Shooting Center, 16500 Westheimer
Pkwy
Aug. 30: Rigging Fundamentals Class,
6pm, CMEF office
For more information call 713-523-6222
AGC
CSI
Construction Specifications Institute
Aug. 22: Chapter meeting, 5:30pm
Cocktails, 6pm Dinner/meeting, The
HESS Club, Topic: “Moisture Prevention in
Masonry”. $35 non-members, Free to
members with reservation
For more information email csihouston@
ymail.com
FPA
Foundation Performance Assn.
Aug. 10: Ethics Workshop, 3:30pm,
Speaker: David Howell, P.E., Texas Board
of Professional Engineers; Inclinometer
Short Course, 5pm, Speaker: Jon Pecha,
Durham Geo Slope Indicator
IEC
Aug. 2-3: SH 400 Trainer Course for Medic First Aid and CPR
Aug. 2-4: OSHA 2045 Machinery and
Machine Guarding Standards
Aug. 3: OSHA 30-Hour
Aug. 4: 1st Thursday Monthly Mixer
Aug. 8: OSHA 7500 Introduction to Safety and Health Management; Introduction to Construction Plans & Document
Reading
Aug. 9-11: OSHA 3010 Excavation,
Trenching and Soil Mechanics
Aug. 12: CLC Golf Tournament; OSHA
7105 Evacuation and Emergency Planning
Aug. 16: Unit 4 BIM Process, Adoption
and Integration
Aug. 16-18: OSHA 3110 Fall Protection
Aug. 18-19: OSHA 10 Hour
Aug. 19: Understanding Insurance Certificates
Aug. 23: Davis Bacon Act: A Compliance
Primer for Contractors and Subcontractors
Aug. 23-26: OSHA 500 Trainer Course for
the Construction Industry
Aug. 30: Raising Safety Awareness in
Construction (Spanish)
Aug. 31: Raising Safety Awareness in
Construction (English)
Independent Electrical Contractors
American Institute of Architects
Aug. 4: Construction Law Update: Are
Architects Facing Greater Liability?
Aug. 9: I/AN Intern Associate ARE workshop
Aug. 10: YAF meeting; AIA + 2030 Session 1: The 2030 Challenge Energy Goals
and Integrated Design
Aug. 11: Texas Accessibility Standards
Aug. 17: Committee on Architecture for
Heath – CE & Social
Aug. 18: Full Day CE
Aug. 23: Urban Design Committee meeting; Government Affairs Committee
meeting
Aug. 24: AIA + 2030 Session 2: The Power of Targets & Load Reduction
Aug. 26: DESIGN presents: New Products & Services, IPD, Sustainability Sociology
Aug. 31: BIM meeting
ASA
American Subcontractors Association
Aug. 3: Membership Committee meeting, 11:30am, Bowen Miclette & Britt, 1111
North Loop West; Schmooze & Mingle,
4pm
Aug. 10: Board of Directors meeting,
9am, Marek Brothers Systems; Government Advocacy Committee meeting,
10:30am, Marek Brothers Systems
Aug. 18: BPI Session, 11am; General
Lunch meeting, 11:30am, Commitment
to Safety From the Customer Prospective
Work hard, play hard
Aug. 23: Safety Committee meeting,
10am, T.A.S. Commercial Concrete, 19319
Oil Center Blvd.
Associated General Contractors
AIA
Aug. 2, 9, 16 & 23: State Masters Exam
Prep Class, 6pm-9pm, Contractor members $294/ non-members $353
Aug. 3, 10, 17 & 24: State Residential Appliance Installer & State Maintenance
Exam Prep Class, 6pm-9pm, Contractor
members $220/non-members $300
Aug. 4, 11, 18 & 25: State Journeyman
Exam Prep Class, 6pm-9pm, Contractor
members $220/non-members $300
Aug. 8: Electrical License Renewal Class,
6pm-10pm, Houston Facility, 601 N.
Shepherd, Contractor members $35/
non-members $40
Aug. 31: Motor Controls Level 1 Class,
6pm-9pm, Contractor members $386/
non-members $450
NAWIC
Nat’l Assn. of Women in Construction
Aug. 9: Membership meeting, The HESS
Club, 5340 Westheimer, Reservations required, Guests welcome
X128 or visit www.nawic-houston.com
NECA
National Electrical Contractor Assn.
Aug. 4: CoSab Division meeting, 11:30am,
Pappadeaux Seafood
Aug. 9: Houston JATC meeting, 9am2:30pm; Local Union 527 Pension meeting, 9am-noon
Aug. 19: Local Union 479 Pension meeting, 9am-noon
Aug. 23: Houston Division meeting,
11:30am, Goode Co. Seafood
PHCC
Plumbing-Heating-Cooling Contractors
Aug. 10: Monthly meeting, Saltgrass
Steak Houston, Topic: 2011 Legislative
Session Update
For more information go to www.gulfcoastphcc.org
TMC
Texas Masonry Council
Aug. 10-12: Convention and Golden
Trowel Awards Banquet, Fort Worth Hilton Hotel.
Visit www.texasmasonrycouncil.org for
registration or call Valerie Burkhart, 512799-3870
WCA
Women Contractors Association
Aug. 4: August Luncheon, 11:30am-1pm,
The HESS Club
When she isn’t operating Medusa Tile Inc., a granite and tile business, Owner
Marisa De Leon likes to spend time on the beach in Galveston, TX. –ab
continued from Page 1 — What Everett takes
“In addition, I enjoy traveling to Florida with my wife once a year to visit her
kids and grandchildren. My wife goes
about three times a year. We love to go
to the beach near Tampa, FL. Other than
that, I stay close to home to take care of
our house, the business and my dog.
“I have a 8-year-old long haired Australian Shepherd named Nikki. She is a
beauty with smoke grey eyes. I have had
her since she was a puppy.
“My long-term plan is to stay right
here in Pearland, TX and continue getting new commercial and residential
projects in the area.”
Everett Painting & Drywall Repair handles residential and commercial painting,
drywall repair, pressure washing and fine
spraying. –ab
continued from Page 1 — Two buildings under one roof
separation, to be employed simultaneously, he said.
“In addition, to these attributes, the
facilities will accommodate non-cGMP
academic research and lab process and
protocol training, through the use of
large wet labs, mock training rooms,
classroom/auditorium spaces, client and
academic office suites and a computer
lab,” Tandon said. “The facility incorporates principles of sustainable design and
energy efficiency.”
Tandon says the primary construction materials used on the Academic side
were curtainwall, metal paneling and
Alucobond and on the cGMP side the
materials used were tiltwall panel and
metal paneling.
“As a bio-pharmaceutical research
and manufacturing facility, maintaining a
clean site and facility from start to finish
was of critical importance,” he said. “By
implementing LEAN construction principals, Turner and the project subcontractors were able to meet this challenge and
mitigate any unnecessary waste or and
site conditions affecting the project’s
cleanliness.
“A significant aspect of the LEAN
construction approach incorporates efficiency management in the coordination
of trade work and materials on the jobsite. All subcontractors contributed to a
“Continuous Clean” approach by utilizing
offsite pre-fabrication, just-in-time deliveries and efficient jobsite materials storage and management procedures.
“Additionally, Turner and the archi-
tect constructed the building in the virtual world first, before turning the first
stone, by using Building Information
Modeling (BIM). This digital method of
designing a building enabled Turner and
its partners to detect where potential
construction conflicts (clashes) would occur. The team (owner, architects, engineers and subcontractors) then developed solutions for eliminating all conflicts before they developed into costly
surprises in the field.
“By allowing subcontractors to become an active part of managing and coordinating their work with others, Turner
was able to streamline the construction
process and promote quality and project
cleanliness.”
Henry C. Turner founded Turner, a
general contracting and construction
management company, in 1902. Turner’s
Texas offices employ over 300 full-time
employees, and oversee approximately
$400 million in construction projects each
year. In Texas, the company has offices in
Houston, Dallas and San Antonio. –ab
Professional Team
Superintendent: Aubrey Harrell, Turner
Project Engineer: David Cramer, Turner
Assistant Superintendent: Carter Charanza, Turner
Assistant Superintendent: Chris Washburn, Turner
Architect – Academic Side: Harrison Kornberg of Houston, TX
Architect – cGMP Side: Ferguson Pape
Baldwin Architects of San Diego, CA
continued from Page 1 — Well charged
Randy Wilford is a Journeyman
electrician and he goes to projects in
Pearland, TX and Houston with Ellis.
One the side, Ellis says he loves going
to rodeos, especially in Wyoming South
Dakota, Nebraska, Oklahoma and Kansas
“My family and I will travel north for
two weeks to attend rodeos this summer,” he said. “I am actually involved in
the rodeo. I steer rope at the events. I
have been doing this for about five or six
years. This keeps me very busy in the
summer and I always look forward to this
time of year.
“My future goal for the company is to
continue to keep our head above the water. It is tough out there right now but I
am confident we will make it through the
down economy.”
Ellis Electric is a commercial and residential electrical contractor, focusing on
installations, service and repair. –ab
Page 14
Convention time
South Texas style
T
he South Central Wall, Ceiling &
Plaster Association (SCWCPA) held
its 59th annual convention and
trade show in San Antonio June 22-24.
The Hyatt Regency Hill Country Resort was the location where members
had a chance to visit the trade show, enter the golf tournament, try their luck at
shooting clay and attend the design
awards competition. Educational sessions were also available as was a ladies
program.
Friday evening brought a close to the
annual event with dinner and the awards
banquet followed by a casino night.
The association will celebrate its
60th anniversary next year at the same
location. –bd
2011–2012 SCWCPA Officers
L-R: Eddie McCormick, exec. director; Rick Williams, immediate past president; Michael
Vickery, president; Brent Cannedy, vp; Charlie Meador, sec./treasurer
First place golf winners:
Pat Holland,
Scott Young,
Mark Koski,
Robbin Bostick
Winners of the shooting clay event
Trey & Melissa Harris, The Quikrete Companies
Design Awards Pinnacle Award Winner
Kevin Whitfield, Drury South,
San Antonio for The Drury Plaza Hotel
in the Commercial Exterior EIFS
and Interior Plaster
A trio of
happy trade show
exibitors.
Hoop it up
Mike Fitzpatrick handles walk-in and phone sales at Northwest Fastener
in Houston. He enjoys playing indoor basketball after work. –ab
Man’s best friend
Ryan Brooks brings his Pit Bull named Casey to work with him at
The Cabinet Shop in Tomball, TX. He says he looks forward to taking
Casey hunting with him in the fall. –ab
Page 15
Job Sights
L-R: T.J. Schuknecht and Trent Trevathan, TLS Enterprises, install the cabinetry at the
Partners In Building project on Richmond Ave. The GC is Jamie Dunton. –ab
Electrician Jack Bynon, Tyco Electric, runs power for all the new signs at the River Oaks
Shopping Center renovation project on South Shepherd. The GC is D & C Construction. –ab
The Demac Concrete Contractors Inc. crew handles the concrete work at the Frost Bank
project on Westheimer Road in Houston. –ab
L-R: Lupe Martinez and Juan Gonzales, ABI Stucco, apply stucco at the Woodlake Square
Shopping Center project in Houston. –ab
Page 16
New horizons
O
The 2011 graduates
n Jul. 9th the Independent Electrical Contractors
Texas Gulf Coast Chapter (IEC) held its 2011 Graduation Ceremonies at the University of Houston.
“An audience of over 800 family, friends and co‐
workers welcomed the 79 graduates as they entered the
auditorium,” said Helene Webster, IEC director of member services/membership director. “Bill McDonald,
chapter president, began the ceremonies, congratulating them on their accomplishments and recognizing
special guests. Longtime instructor, Bill DeBerry, led
the invocation.
“All in attendance listened to Mike Kallmeyer, IEC
national president, as guest speaker. Ed Grisham, second year instructor, started the presentation of graduates by recognizing those graduates with special
achievements.”
Webster says thirteen graduates were recognized
as having completed the entire 4‐year program with
perfect attendance. Three graduates, David Pogue,
Mark Skrobarczyk Jr., and Agustin Ventura were
awarded the President’s Honor Roll for maintaining an
average grade of 93 percent or higher for four consecu-
Good times ahead
Owner David Oberholtzer loves fishing in Galveston and crabbing in Kemah
in his spare time. His company Oberholtzer Energy Solutions provides residential and commercial insulation, air conditioning and heating. –ab
tive years. In addition, Pogue received recognition as
Outstanding Scholar and Outstanding Apprentice of the
Year. He will represent the local chapter in the National
Apprentice of the Year competition during the IEC National Convention & Electric Expo in Louisville, KY this
October.
During the presentation, each graduate received a
Certificate of Completion from Houston Community
College, IEC Texas Gulf Coast and IEC National. Each
graduate also received a gift certificate, she said. –ab
A piece of history
Norman Hubbard Jr., owner of Hubco Inc. stands next to his antique iron
wheeled Pull-Type patrol in front of the office. The company provides site
work, underground utilities, concrete paving and asphalt paving. –ab
Extra Papers?
Visit our Website at:
Select “Rack Locations”
for a complete list of all
rack locations where newspapers
can be picked up.
We do not mail additional newspapers.
If you would like a
personal subscription
($35 per year, per city)
select “Subscribe.”

August - Construction News

Transcription

Similar documents

Mr. W. H. (Bill) Easter III Mrs. Kathleen Eisbrenner Mr. Jim McIngvale

Brochure

Flyer-9300_Synott

Special Thanks to the participating RESTAURANTS

WSOM2016-gmap

Advertising - The Woodlands Arts Council

Woodway Collection

MAKING THE SHIFT

iiah salutes - Independent Insurance Agents of Houston

city of houston_case study