October - Construction News
Transcription
October - Construction News
Covering the Industry’s News Texas Style San Antonio Austin Dallas/Fort Worth P.O. Box 791290 San Antonio, Texas 78279-1290 PRSRT. STD. U.S. POSTAGE PAID DALLAS, TX PERMIT #1451 Change Service Requested Houston Houston CONSTRUCTION ™ The Industry’s Newspaper Trick or Treat! www.constructionnews.net (210) 308-5800 PO Box 791290 San Antonio TX 78279 Electrical endurance Vol. 10 No. 10 October 2012 The sky’s the limit The R.M.G. Electrical team M aster electrician Robert M. Garrett is the owner and operator of Houston, TX-based R.M.G. Electrical Inc. The company reached its 20year anniversary in January. “In the early days, I was just a self employed electrician,” Garrett said. “I would wax your truck for you if that is what it took to make a living at that point.” Garrett says he is a born and raised Houstonian. He started working for Wood Electrical Services when he was in high school. “I went to a small private high school,” he said. “The owner’s daughter went to school with me. She solicited some of the teenage boys to help her father. So, I went out and helped him on the weekends. “When I graduated high school, I went to work for him full-time. I worked there for 10 years and it was the only job I ever had. Next, I got my master’s license and struck out on my own.” Garrett says today his wife Linda is the accounts manager at the company and his stepdaughter Lindsay is the office manager. “I think to stay in business 20 years, you have to get up in the morning and go to work every day,” he said. “Showing up is half the battle. When the going gets tough, the tough get going. You have to plow through the bad times.” Traveling is a hobby Garrett and his wife enjoy when they aren’t at work. Places they have visited include Rome, Venice, Amsterdam, Paris and the Bahamas. continued on Page 13 The Rob Pelletier Construction staff V ice president of sales and project management Bill Fairbanks says Rob Pelletier Construction Inc. handles mostly commercial projects lately. “The company has operated in the Houston market since 1995,” Fairbanks said. “I joined the company in 2004. During the economic downturn, we have been fortunate to be able to keep everybody working. “Like many companies, we haven’t seen much growth, but we are holding our own. From what we see, the Houston construction industry is on a uphill turn now. We certainly think the next couple of years will be brighter than the past few years.” Chuck Vojtech is a salesman, Joe Luce is a project manager and Chad Wethington is a key leader in the field, he said. “Gerald Pate is the vice president of operations,” Fairbanks said. “He handles the field supervision, manages personnel and he maintains the equipment. He is the guy that gets it done. “Elizabeth Ledbetter is our accountant. She is currently working on her Certified Public Accountant (CPA) license. We are really proud of her. Sarah King works in the administration department. She is the glue that keeps everything together.” continued on Page 13 Upholding justice J E Dunn Construction completed the Fort Bend County Justice Center ((FBCJC) in 22 months. Fort Bend County Commissioners Court is the owner. Project Executive Joe Kummer says the FBCJC is a 265,000sf, 4-story neoclassical building with a 5-story, 85’ high domed rotunda, from which secured entry, all circulation and access takes place. “The FBCJC houses 17 courtrooms, judges’ chambers, jury assembly and grand jury rooms, with future expansion provisions for 10 additional courtrooms,” Kummer said. “In addition, the FBCJC houses District and County Clerk offices, District Attorney and Bailiff’s offices, a law library and 13 other court-related departments. “There are eight elevators, two sets of escalators and future expansion provisions for two additional elevators. The basement level includes holding cell areas for adults and juveniles for total ca- The Fort Bend County Justice Center pacity of 112 prisoners and future expansion provisions for 45 additional cells. The holding cells were developed utilizing Texas Jail Commission Standards (TJCS) and were reviewed and approved by TJCS. The justice center incorporates the latest security systems required for county facilities. “The courthouse basement level can be accessed through a secured on-grade sally port or from the existing jail through a cast in place (CIP) concrete underground tunnel stretching 600' long. The tunnel construction includes a 25'-30' deep shoring and lagging system that required a shutdown of a county road between the courthouse and existing jail. Kummer says the building is CIP concrete structure on 70' drilled piers. The skin includes exterior concrete masonry unit (CMU) back up with a combination of cast stone and brick veneer and builtup and standing seam metal roofing. continued on Page 13 Page 2 Houston Construction News • Oct 2012 Equipped for the job We vant your blood! Not really! But we do want your pumpkin and Halloween costume photos! Share your photos with our readers. Send them to: Abby by Nov. 15 HoustonEditor@ constructionnews.net Backflow Enclosures ECONOMY BACKFLOW ENCLOSURES AT A COST YOU CAN AFFORD SALE $290.00 DEALERS WANTED INCLUDES CONCRETE FORM IN PRICE MODEL EC-26-PVB 26” L x 15” W x 35” T 713-467-6777 WWW.SAFE-FLOW.COM SALE $329.00 MODEL EC-50-RPZ 42.5” L x 18” W x 35” T B Manager Cal Smith looks forward to dove season. rookside Equipment Sales Inc. established in March 1974, can trace its history back to humble beginnings as an importer of used agricultural equipment. The League City location manager Cal Smith says the company’s primary business was to bring in containers of used equipment from Europe, recondition this equipment and retail the units in the Texas Gulf Coast area. Smith says as the demand for this equipment grew, the founding partners secured a permanent location on Long Drive in Houston and opened the retail facility in 1976. Today, the corporate headquarters is the Mosley-Hobby Airport facility. “In addition to the corporate headquarters and the League City store, the company has locations in Spring, Jersey Village, Katy, Houston Southwest, Angleton and Hockley, TX,” he said. According to Cal, business has been very good in 2012 at the League City store. Smith says the company has different events during the year including an open house at the corporate headquarters. Employees from each store will attend the event. “When we aren’t selling equipment, most of the guys here like to go hunting and fishing,” he said. “We all like spending time in the great outdoors. “We go fresh water fishing at Lake Livingston and salt water fishing at Galveston. Some of us are going dove hunting in the area on opening weekend. “We all watch football too. The Houston Texans are doing well this year. We definitely support our home team!” Brookside Equipment Sales sells construction and agricultural equipment and skid steer loaders. –ab Houston Construction News • Oct 2012 Page 3 Gala of the stars C ontractors, architects and engineers were honored at the APEX 10 Awards Gala held at The Hornberger Conference Center Sep. 22. Hosted by the Associated General Contractors Houston Chapter (AGC), the event included a reception, a dinner and awards presentation and champagne and dessert. –ab Congrats to the winners! Plant/Industrial: Tube Supply Warehouse GC: Mission Constructors, Inc. Architect: BRAVE Architecture Structural Engineer: Matrix Structural Engineering Multifamily/Residential: Dillon House GC: Fretz Construction Co. Architect: Bailey Architects Structural Engineer: Pinnacle Engineers Retail: Woodlake Square Center GC: Tribble & Stephens Construction Ltd. Architect: Hermes Architects Structural Engineer: Matrix Structural Engineering Interior: El Paso Corporation Tower Renovation GC: Gilbane Building Co. Architect: Gensler Structural Engineer: Ingenium Inc. Renovation/Remodel: Cristo Rey Jesuit College Preparatory School GC: Fretz Construction Co. Architect: Curry Boudreaux Architects MEP Engineer: Graves/Lakey/Raven Hospitality: Embassy Suites Hotel - Downtown Houston GC: Linbeck Group LLC Architect: Mitchell Carlson Stone Structural Engineer: SCA Consulting Engineering Houston CONSTRUCTION NEWS Houston Editor . . . . . . . . . . . . . . Abby BeMent HoustonEditor@ConstructionNews.net 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 . . . . . . . . . . . . . . Miles Smith Production Mgr . . . . . . . . . . . . . . Sue Johnson Sales Representative . . . . . . . . Kent Gerstner Administration . . . . . . . . . . . . . . Kevin Hughes 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. Publishing the Industry’s News Texas Style San Antonio • Austin • Dallas/Fort Worth • Houston Want to be in Construction News? Simply contact your city editor. We also welcome your outdoor stories and photos (hobbies, trips, talents, etc.) The Houston Construction News (ISSN 1547-7630) is published monthly by Construction News LTD., dba Houston Construction News, and distributed by mail to 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. © 2012 Construction News, Ltd. Laboratory: Texas Children's Hospital Jan and Dan Duncan Neurological Research Institute GC: Tellepsen Architect: Perkins & Will Structural Engineer: Walter P. Moore & Associates Inc. Institutional: New Performing Arts Center GC: SpawGlass Construction Corp. Architect: WHR Architects Inc. Structural Engineer: Haynes Whaley Entertainment: Asia House GC: W.S. Bellows Construction Corp. Architect: Kendall Heaton & Associates, Taniguchi & Associates Structural Engineer: Ingenium Inc. Historical Renovation: Harris County 1910 Courthouse Restoration GC: Vaughn Construction Architect: PGAL Structural Engineer: Walter P. Moore & Associates Inc. Green/Sustainable Building: Tellepsen Family Downtown YMCA GC: Tellepsen Structural Engineer: Kirksey Building Information Modeling (BIM) Project: Texas A&M Emerging Technologies Building GC: Vaughn Construction Architect: Perkins & Will Structural: Haynes Whaley Small Project Under $2 Million: Sheldon Lake State Park Observation Tower GC: SpawGlass Construction Corp. Architect: PDG Architects Structural Engineer: AEC Education Under $10 Million: University of Houston Moody Dining Hall Renovations GC: Miner-Dederick Construction LLP Architect: Beacon MEP Engineer: WSP Flack + Kurtz Education Over $10 Million (K-12): Herod Elementary GC: Anslow Bryant Construction Ltd. Architect: Kirksey Architects Structural Engineer: Henderson & Rogers Education $10-25 Million:San Jacinto Central Campus Transportation GC: Durotech Inc. Architect: Morris Architects Structural Engineer: Rogers Moore Engineering In attendance were the founding partners of Construction Career Collaborative, an alliance created to address the needs of the construction workforce. L-R: Katrina Kersch, Construction Career Collaborative; Tim Peglow, MD Anderson; Janet Sisolak, MD Anderson; David Bammerlin, MD Anderson; Bryan Chumchal, Texas Children’s Hospital; Pete Dawson, Texas Children’s Hospital; Susan Lipka; Jim Stevenson, AGC Houston Chairman of the Board, McCarthy Building Companies, Inc.; Jerry Nevlud, AGC Houston, and Jill Pearsall, Texas Children’s Hospital. Photos copyright 2012 by Chris Fields Education $25-50 Million:Rice University Brockman Hall for Physics GC: Gilbane Building Co. Architect: Kieran Timberlake Structural Engineer: Haynes Whaley Health Care Under $10 Million: Westgreen Medical Complex GC: Mission Constructors Inc. Architect: Fehr-Grossman Cox Structural Engineer: CJG Engineers Health Care Over $10 Million: Texas Children's Hospital Pavilion for Women GC: W.S. Bellows Construction Corp. Architect: FKP Structural Engineer: Walter P. Moore & Associates Inc. Office Building Under $10 Million: San Jacinto River Authority General and Administration Building GC: Brookstone LP Architect: Ken Anderson & Associates Structural Engineer: R-MAC Office Building Over $10 Million: UT MD Anderson Mid-Campus Building 1 GC: Vaughn Construction Architect: WHR Architects Inc. Structural Engineer: Haynes Whaley Liturgical/Church Under $5 Million: St. Mary's Catholic Church GC: Fretz Construction Co. Architect: Zeigler Cooper Architects Structural Engineer: Gessner Engineering Master Builder Recipient, William Daigneau, Former Vice President, Operations and Facilities Management, MD Anderson Cancer Center Liturgical/Church Over $5 Million: Our Lady of Walsingham Catholic Church GC: Fretz Construction Co. Architect: Jackson & Ryan Architects Structural Engineer: Matrix Structural Engineering Mixed Use:Star of Hope Children's Building GC: Fretz Construction Co. Architect: Story Architects Structural Engineer: Schmitz/Lamb Engineering Page 4 Houston Construction News • Oct 2012 playing time on the golf team, so I decided to go to work full-time. Anthony Dominik, Owner A.J.’s Construction Services A nthony (Tony) Dominik founded A.J.’s Construction Services in Dec. 1994. The company’s corporate office is in Houston, TX. Dominik’s background includes working as warehouse manager, at a supply house and working in lumber sales. He also has experience in landscaping design, installing rain gutters, roofing and siding. A.J.’s Construction Services specializes in commercial and residential gutter, roofing, sheet metal, metal roofing and window services in the Gulf Coast region and other parts of Texas and the United States. Besides the Houston office, the company has locations in Conroe and Navasota, TX. What sparked your interest to get into the construction industry, Tony? After working as a lumber salesman for homebuilders and spending time in the rain gutter business, I knew I wanted to open my own roofing and construction business. I have always wanted to be a contractor. I think the construction business is the best business to be in. I wouldn’t want to be doing anything else! Have you worked in Houston your entire career? I have worked in Houston and I have also traveled to work in California, Arkansas, Louisiana and Florida. I have completed work all over Texas. Where are you from? I was born and raised in Houston. I love this city. There is really so much to do here. I think the people are very friendly in Houston. What high school did you go to? I attended Scarborough High School in the Houston Independent School District. Were you on a sports team in high school? I played on the varsity golf team when I was in high school. I liked to play golf after school and on the weekends. I would also go hit balls at the driving range. I had the opportunity to play in the state championship golf tournament towards the end of my high school career. I have some really good memories from that time of my life. I ended up getting a scholarship to play golf at Sam Houston State University in Huntsville, TX. What was it like playing golf while you were in college? I played golf for a little while in college. At that point, I ran a landscaping company too. I wanted to start working hard and make money. I wasn’t getting enough What was the name of your landscaping company? My landscaping company I ran during college was called A.J.’s Landscape Designs. I think it was great experience to operate my own company in college because I was able to learn so much when I was in my 20s. I guess I have always had an entrepreneurial mindset. What subject did you study in college? I enrolled in business management classes at Sam Houston State University. I took all kinds of business classes such as accounting and marketing. I am glad I got an education before I began started working in the field. Did you have another job besides landscaping? Yes, I also went scuba diving to find and recover golf balls for a recovery company based out of Florida. I went diving at local golf course ponds and lakes. I did the scuba diving job during the evenings and ran my landscaping company during the day. I had about 75 employees at one time at my landscaping company. Do you still enjoy scuba diving today? Yes, I still love going scuba diving when I get the chance to go. I want to go more when I retire and when I have time to travel more often. I have been scuba diving in places such as Cancun and Cabo San Lucas, Mexico. There are a lot of places in the world I hope to go scuba diving one day in the near future! What did you do after college? I worked in the wholesale rollform business and worked with rollform equipment and machinery. I worked in that business for a few years. Did you have any mentors when you first got started in the industry? No, I really taught myself the business. I met people along the way, asked a lot of questions and I just learned as went. I am still learning every single day. What were the early days like at your company? In the beginning, I had about 10 employees and I have employed up to 16 people. Right now, we have 10 folks working at the company. What advice would you give a young person who wants become an entrepreneur? I think you always have to start from the ground floor. You have to begin at the bottom and work your way up. Just remember no question is a dumb question. Ask as many questions as you want, to get the answer you want. Learn from mistakes too. Work hard every day and show up for the job. I think it is good to get an education and then get experience in the field too. Are you married today? Yes, I am married to my wife Tracey. We have been married since 2009. She runs the office at A.J.’s Construction Services. My wife and I love going fishing in Cabo San Lucas, Mexico every year. We just got back from a really fun Alaskan cruise. We enjoyed seeing the bears, eagles, glaciers and beautiful views of Alaska. Tony Dominik’s hobby is ranching in South Texas and East Texas. Where did you and Tracey meet? We met here in Houston. We became instant friends and have been together ever since. Do you have any children? Yes, I have a daughter who is in her first year of college. She got a full scholarship to play volleyball at the University of Texas at Arlington. It is her first year to play volleyball, so she has played several positions such as the outside hitter, setter and middle blocker. She is only a freshman, so she will probably get more playing time soon. Did you go to a lot of volleyball games when your daughter was in high school? Oh, yes! I sure did. She played on the club team called the Texas Tornados and she spent a lot of time playing with her high school team. Do you go to Arlington to see her play? Yes, I go see her play volleyball and while I am in the area, I will go to projects in Dallas. It is nice. I can work and go see her too. What has been the best part about working in the construction industry in your opinion? I have made some really good friends in the industry over the years. I also enjoy meeting and maintaining relationships with customers. I like seeing the final stages of the project. No two projects are ever the same and no two days are ever the same. That is always a good thing. What are a few changes in your industry you have seen over the years? I think the technology has improved over the years. In addition, I think there is more competition in the Houston construction industry nowadays. How long have you operated at the Melbourne St. location? We moved to the facility at the beginning of 2012. We have expanded our commercial and residential roofing services lately. In the beginning, we mostly special ized in gutter services. It is exciting to handle more roofing projects these days. Sometimes, we will go out of state too, especially if it is for the right job. We www.constructionnews.net publishing the industry’s news have completed jobs at Little Rock Air Force Base, San Diego Air Force Base and the Verizon Wireless project in College Station, TX. We are also currently working on a historical renovation project in Galveston, TX. What does a typical day look like for you? I spend most of the morning at the office and spend the rest of the afternoon on the jobsites. My day varies from day to day. I wear many hats at the company. I have a great team that works with me today. Does the company have any annual events during the year? Well, some of the guys are involved on a committee for the Houston Livestock Show and Rodeo Barbecue cookoff teams. Once or twice a month on a Friday, I will cook employees lunch around noon. I will cook hot dogs or ribs on the barbecue pit. We have lunch and then we will do oil changes and clean the trucks at the shop. What hobbies do you enjoy on the side? I am an avid hunter and fisherman. Several of my employees and I like to go whitetail deer and bird hunting at ranches in South Texas at least a few times a year. I went dove hunting in East Texas and South Texas this year. I am also into ranching in East Texas and South Texas when I am not at work. I have cows and trees on the properties. There is a pine tree farm at the place in East Texas. I really love going out there after a long week on the job. I think I would rather spend time outdoors than anything else! What is your favorite music to listen to? I like country music. My favorite musicians would have to be Conway Twitty, George Jones and George Strait. I haven’t been to a concert in so long! What are your future plans? My goal is to retire as soon as possible. I want to sit out on the farm and do as little as possible! –ab Texas Style San Antonio Austin Dallas/Fort Worth Houston Houston Construction News • Oct 2012 Page 5 Use tax and the Internet: steering clear of an attractive nuisance Mary Thomas, CPA-Attorney Thomas, Thomas & Thomas, PC Houston, TX W hen companies receive a notice of routine audit, very few people worry that they have not paid enough tax on their purchases. Barring the claim of an exemption, most companies pay sales tax as charged by the vendor. Some companies even add tax to invoices and remit it to vendors when tax is not charged. (Never do this. See below.) Use tax is a tax that buyers owe the state taxing authority based on where a taxable item or service is first used, stored or otherwise consumed. Use tax is due when the seller does not have nexus with the state in which the purchaser uses the product or service. This issue is very pronounced in the world of internet sales. When a Florida vendor does not charge sales tax on an invoice given to a Texas customer, assuming the good and/or service is taxable, that does not mean tax is not due. It means the Texas customer must remit the tax due directly to the Texas Comptroller of Public Accounts. No one is exempt from paying tax on a taxable item because it was sold by an out-of-state seller. If the item is taxable when purchased locally, the buyer owes use tax when it is bought from an out of state seller. There is no windfall because the seller is out of state. The buyer must report the purchase on the sales and use tax return, accrue the use tax, and remit it. Never add sales or use tax to an invoice and send it to a vendor. When a company does this it does not discharge the tax due on the taxable good or service. The state does not consider tax paid if it does not receive the funds. If sales or use tax is added to an invoice by the buyer, there is no presumption that the state received the funds. The seller may not have collected the tax because they were not permitted to do so. It is easier and provides the best proof that the state was paid when the purchaser remits the funds directly to the state taxing authority. Many companies do not know about use tax. They assume that they do not owe tax if it was not charged. Do not be fooled. It is the buyer’s responsibility to know governing tax rules. Accrue and remit the applicable use tax, keep records pertaining to accruals, and complete the sales tax return correctly. There is a specific place on the return for taxable purchases. Use it. Remember: The basic assumption in Texas is that goods are taxable if there is not an exemption. When you purchase goods or services, if the tax is potentially material, learn the taxability to avoid any instance of paying interest and penalty for an honest mistake. DISCLAIMER: The information provided above is general in nature and is not legal advice. The provider of the information makes no representation regarding the law and/or its application to any entity’s specific situation. Because state tax laws, policies, and applications are dynamic, please consult with a state tax professional for a complete rendition of the law as it may apply to your specific situation at a particular time. Mary Thomas, CPA-Attorney, has helped clients with sales and use tax issues exclusively since 1999. Thomas, Thomas & Thomas, PC is a CPA firm that addresses state tax issues only. We help clients all over the country (1) address sales and use tax audits, (2) minimize sales and use tax deficiencies, and (3) understand how to comply with applicable sales and use tax laws. She can be reached at (281) 469-1103. If it walks like a tax, and acts like a tax, it’s not a penalty! Rodney B. Christ, LUTCF. Partner Christ Taylor Insurance Houston, TX O n June 28, 2012, the Supreme Court, in a 5 to 4 decision, upheld portions of the Health Reform Act that most directly impact employers, including the individual coverage mandate taking effect in 2014. The Court’s rationale for upholding the individual mandate was not that Congress can force individuals to buy health insurance (as they found that the mandate would actually violate the Commerce Clause), but rather that Congress, under its power to “lay and collect taxes”, is permitted to impose a tax on individuals for failing to have insurance. What is the impact on employers and the design and reporting obligations of employer sponsored group health plans? While no one really knows the full impact on businesses yet, most agree that strategic thinking is required NOW. Keep an open mind. Employers should consider broad strategic approaches – consider everything as an option. Many rules by federal regulators have not been written yet, so work with informed professionals who work within the boundaries of what they know. There may also be unknown cost increases in 2014 related to regulations taking effect down the line. One major concern for businesses should be the increased regulatory activity; it’s time to get serious about compliance issues as compliance audits will start. Employers must continue with implementation, and gear up for rulings deadlines. Health Flexible Spending Account Limitation: For plan years beginning on or after January 1, 2013, the Health Reform Act puts in place a $2,500 annual spending limit on reimbursements under a health flexible spending account. (“health FSA”). In order to comply with these new limits, best practice is to revise all participant communications during the fall of 2012, so that employees understand the new limit before they have to make 2013 health FSA elections. Some important next steps employers must take to comply in 2012 and 2013: Plan Mandates. Requirements under the Health Reform Act that have already been put into motion will continue to apply to employer-sponsored group health plans, in accordance with existing guidance. Such requirements include: (i) certain restrictions on pre-existing condition exclusions; (ii) the reduction/elimination of lifetime dollar limits and caps on annual limits on essential health benefits; (iii) the restrictions on rescission of coverage; and (iv) the extension of dependent coverage to age 26. Form W-2 Reporting beginning January 2013: For taxable years beginning in 2012, the Health Reform Act requires employers to include on every covered employee’s Form W-2 the aggregate cost of applicable employer-sponsor group health coverage. This is purely a reporting mandate. Other: Complete updates to its Summary Plan Descriptions and plan documents to provide 2011 and 2012 changes; Notify its employees of the availability of health insurance exchanges by March 2013; Prepare for 0.9% Medicare payroll tax increase on high income individuals for the 2013 tax year. Summary of Benefits and Coverage: SBC materials need to be finalized for inclusion in 2012 (after September 23) open enrollment packages for all enrollees. Failure to comply with the requirements can result in significant penalties ranging from $100 to $1,000 per employee. GOING FORWARD Health care reform remains an incredibly fluid situation and employers are well advised to stay abreast of further developments in the coming weeks and months, as the next Presidential election nears. Many businesses have been in a “holding pattern” contingent upon the Supreme Court decision. Since the Health Care Reform Act has largely been upheld by the Court, employers and their benefits advisors must be strategic, yet focus on efforts to comply in this changing health care landscape. Small Employer Tax Credit: Certain small employers remain eligible to receive tax credits for offering insurance. Employers with 25 or less full-time equivalent employees with average wages of less than $50,000, who pay at least 50% of the health insurance premium for their employees, may be eligible to receive income tax credits equal to a percentage of the premiums paid. Employers with questions about the tax credit should consult with qualified tax experts. Rodney B. Christ can be contacted at 713-850-7747 or www.christtaylor.com. Building strong chapters T exas represented strongly at the American Subcontractors Association Champions Academy, held Sept. 15-18 in Alexandria, VA and Washington, D.C. Dallas/Ft. Worth and Houston representation was especially strong, with ASA-North Texas and ASA-Houston members in attendance at the event, which was geared toward teaching individual chapters how to strengthen their membership, education and government advocacy efforts. –ms L-R: 2012-13 ASA President Walter Bazan Jr., Bazan Painting Company, St. Louis, MO; ASA-Houston Chapter Executive Director Brianna Boudreau; Andrew Harman, Texas Metal Equipment Company Ltd., Houston, Texas; ASAHouston Chapter President Shannon MacArthur, MEMCO, Houston, Texas; Darlene East, Holes Incorporated, Houston, Texas; Mike Holland, Marek Brothers Systems Inc., Houston, Texas; and Phil Nevlud, Marek Brothers Systems Inc., Houston, Texas. Page 6 Houston Construction News • Oct 2012 Rising opportunities Wrongful termination: Can terminating an employee before the filing of a Workers’ Compensation claim be unlawful? Shelly LeVick Masters, Shareholder Segal McCambridge Singer & Mahoney, Ltd Austin, TX M ost employers know that they may not discharge or otherwise retaliate against an employee for filing for or receiving workers’ compensation benefits. Courts generally infer a strong causal connection supporting unlawful retaliation if an employee is discharged only a short period of time after filing a workers’ comp claim, a protected activity under the Texas anti-retaliation statute. This is not the case where the employer is able to demonstrate that the company made the termination decision before the employee filed such a claim - usually. Under Texas law, not only is the act of filing a claim protected but merely informing an employer of an on-the-job injury may be sufficient to invoke the protection of the Texas Worker’s Compensation Act. For example, Employee is collecting materials in the warehouse when a box falls injuring his hand on the job. Employee does not immediately file a worker’s compensation claim or receive such benefits. However, Employee complains to Employer of continued pains and range of movement issues with his hand. Employer terminates Employee for an unrelated reason before Employer ever filed a worker’s compensation claim. Can Terminating an Employee before the Filing of a Workers’ Compensation Claim be Unlawful? Yes. It is not necessary for a worker to have actually filed a workers’ compensation claim to invoke the statutory protection – an employee needs only to take steps toward instituting a compensation proceeding to be protected. According to Texas courts, informing one’s employer of an on-the-job injury sufficiently “institutes” a compensation proceeding within the meaning of the law. The following are examples where Texas courts have held that, even though the employee had not filed a formal worker’s compensation claim, the employee was protected against termination: (1) employee filed a safety hazard report with his company putting it on notice of his possible exposure to hydrogen sulfide; (2) employee and employee’s physician reported back, shoulder and neck injury to supervisor; (3) employee with back injury aggravated by his physical job requirements didn’t reported on-the-job back injury to employer but did provide multiple doctors’ excuses for repeated medical absences from work; and, (4) employee sustained back injury which he reported to employer before going on disability leave. Employers may defend against this type of retaliation claim by proving that the company had no knowledge of employee’s on-the-job injury (e.g., employ- Location Location Location Location Publishing the Industry’s News . . . TEXAS Style ee never communicated injury to employer, employee only communicated injury to fellow employee in non-supervisory or ownership role, etc.). Additionally, as in other wrongful termination claims, the employer may show that it had a legitimate, non-retaliatory reason to terminate the employee. Examples of legitimate, non-discriminatory, non-retaliatory reasons usually involve the consistent enforcement of written company policy such as failure to submit to random drug testing or neutral disciplinary action regarding employee absences. In a traditional wrongful termination case under the Act, the most important factor for proving unlawful retaliation is timing and proof that the employer’s decision-maker had knowledge of the employee’s protected activity at the time the termination decision was made. To support a retaliation claim, the employer’s adverse employment action must be because the employee participated in protected activity (e.g., filed a workers’ comp claim). Section 451.001 of the Texas Labor Code provides that it is unlawful to discriminate or wrongfully discharge an employee who is covered under the Texas Workers’ Compensation Act. The statute makes it unlawful to discharge or in any other manner discriminate against an employee because the employee has: K enneth Robinson, owner of Kenneth Robinson, A Professional Corp., recently proposed to his fiancé Skylar. “Skylar and I are planning to get married in 2013,” Robinson said. “We first met at a sushi restaurant in Houston. My friends and I were having dinner and we asked Skylar and her friends if they wanted to sit with us at our table. Skylar and I ended up talking and we went on our first date the next evening. We have been together ever since!” Robinson says he has always wanted to own his own company. He grew up in New Orleans, LA and remembers becoming interested in construction and architecture when he was a kid. “My grandma used to take my brother and I out to walk on the levee near her home,” he said. “When we returned from our walk, I started drawing the houses near the Mississippi River.” Robinson says he moved to Houston after evacuating New Orleans for Hurricane Katrina. He has operated Kenneth Robinson, A Professional Corp. for two years. “I started out doing contract work with various contractors and engineers around the city,” he said. “Things just took off from there. We have been involved in a variety of project types including daycares, restaurants, schools, Kenneth Robinson has lived in Houston for seven years. churches and convention centers.” When he is not busy at work, Robinson enjoys playing golf and watching football and basketball. “I like watching the New Orleans Saints and Hornets and the Houston Texans and Rockets,” he said. “I try to make it to the football or basketball games in New Orleans when I go to visit my family for the holidays.” Kenneth Robinson, A Professional Corp. provides architectural design, project management, design build, planning and code review services. –ab Infrastructure matters • filed a workers’ compensation claim in good faith; • hired a lawyer to represent the employee in a claim; • instituted or caused to be instituted in good faith a proceeding under Subtitle A; or • testified or is about to testify in a proceeding under Subtitle A. See Section 451.002. Any employer who violates the law may be liable for reasonable damages incurred by the employee and the employee may be entitled to reinstatement in the former position of employment. At trial the employee must prove that but for the filing of the workers’ compensation claim the discharge would not have occurred when it did. The burden of proof in a proceeding under this section is on the employee. Shelly LeVick Masters is a Shareholder of Segal McCambridge Singer & Mahoney. She represents construction contractors, suppliers and design professionals in prosecuting, negotiating and defending construction and employment disputes in mediation, arbitration and litigation. She may be reached by email at smasters@smsm.com. ROMCO Equipment Co. C ivil construction contractors, suppliers and civil engineers were present at the recent annual joint luncheon held at The HESS Club. The American Society of Civil Engineers (ASCE) and The Houston Contractors Association (HCA) held the event. ASCE President Clay Forister, PE, LJA Engineering, says Harris County Judge Ed Emmett gave a speech about the value that the civil construction industry brings to the Houston community. He also discussed the infrastructure in Harris Country. –ab Dallas/Fort. Worth Austin San Antonio Houston Home Office (210) 308-5800 www.constructionnews.net ACT Pipe & Supply Sun Coast Resources Houston Construction News • Oct 2012 Page 7 several schools on the flats in the upper lagoon. Redfish Rodeo !!! by Capt. Steve Schultz Sponsored by: Majek Boats, Premier Yamaha Boating Center, Fishing Tackle Unlimited, Power Pole Shallow Water Anchor, Interstate Batteries, Pure Fishing, Pflueger Reels, All-Star Rods, Mirr-O-Lure and Columbia Sportswear. L abor Day typically ends the summer for vacationers and out-of-town anglers and kicks off the start of hunting season. This relieves a lot of the fishing and boat pressure in our Coastal Bend waters. Busy guides start seeing a definite decrease in weekday charters as most anglers concentrate on weekend bay fishing. But don’t let all of those signs keep you off the water and away from some of the best fishing of the season. I’m talking REDS! BIG BULL REDS! October is one of the best fishing months of the year here on the Laguna Madre. The first fronts of fall start blowing in triggering a migration that is about to begin. Scattered redfish will school-up and most will begin a journey to the gulf. They will be feeding vigorously along the flats and shorelines, fatting up and preparing for a winter, and we will be ready for some of the best line-stripping, rod bending action of the year. Over the last several weeks, it has not been uncommon to see Catching redfish can sometimes be very challenging due to their very picky eating habits. I’ve seen reds follow a gold spoon for yards only to turn and swim away at the last minute. There are several different strategies when fishing for reds. Wading the shallow flats around shell reefs and grass beds is one of the most enjoyable techniques and also my favorite. These areas can also be worked with a shallow draft boat rigged with a good trolling motor or a push pole. Another technique to catch schooling reds is a method we call “Run and Gun.” This is usually done by rushing your boat into the middle of the school, killing the engine while simultaneously casting to the school of fleeing reds. Believe me when I tell you, this method will require a few more than several attempts to master. As frequently as these schools are pressured, they become very skittish at the sound of any outboard motor approaching, the “Run and Gun” method usually is the last alternative to catching these fish. Live bait is another effective technique for producing big boxes of redfish. Local marinas have gone to great lengths to catch and keep bait alive for guides and sport fishermen. Croakers and Piggy Perch are the main live baits during this time of the year, however don’t overlook using dead bait or cut bait such as mullet, shad or even skipjack. Drifting with live shrimp can cover lots of water, sometimes helping you locate these schools when they are not on the surface. For information on booking your next fishing trip, give Capt. Steve Schultz a call at 361-949-7359 or visit SteveSchultzOutdoors.com Good dates still available for the fall redfish season. Good Luck and Good Fishing. It’s huntin’ season Shoot any of these yet? We imagine you have – after all, it’s dove season! Share your good times with your colleagues and send your hunting photos to AustinEditor@constructionnews.net. We’ll run them in our papers as space provides. –ms James Timberlake with Urban Concrete caught this 25” Speckled Trout while fishing near the packery channel with Steve Schultz Outdoors. L-R: Andy Hicks, Domingo Lopez, Atanacio Carrisal and Joe Zavala from Alpha Building Corp in San Antonio with several redfish caught with Capt. Steve Schultz. Page 8 Houston Construction News • Oct 2012 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. A rain state of mind S hhhhhh. That’s it, just close your eyes and breath it in deeply. It’s cool, moist and filled with life and possibility. It’s softly raining now... this rain has been so long in coming it is almost like receiving a holy sacrament, a blessing long withheld. One weatherman says the Highland Lakes will be full by Thanksgiving. El Nino is coming back again! I think that he is the same one who said that last fall too. We just have to hope he is right this time. We had a high south wind in advance of this little cool front coming in. I used to hear the sound of the waves from my back porch, swishing up onto the gravel beach. This time I could only hear the wind rustle the brush in the lake bottom, Tie up - where we used to tie the boat Sunrise Sea Pro - what a full lake looks like (taken from the same spot as Brushy Dock) Ken exploring the lake bottom Half or Full Day Fishing Trips All Bait, Tackle & Equipment Furnished and the whir of a million crickets. Where there were once catfish and bass and perch nesting, now there are raccoons and foxes and way too many skunks. The fortunes of a little lakeside community like Tow ride solely on the whims of the weather. It doesn’t matter so much who gets elected for what, or how much money or effort you can invest. It s not a matter of how many friends you have on Facebook, or how much you get “Liked”; you can Tweet and Twitter till you’re black and blue, here it’s all about the water. How long can you last without it and when or if it will return are the big questions here. It has been nearly a year and a half since we have had navigable water off my dock. We are finishing up our second growing season for the crop of weeds and brush and saplings growing up out of the lake bottom. Some of it is so high now that if we were to get a 15 foot rise, we could get back in here with a boat, but the thick weed and treetops would make running a motor in it almost impossible. All that sounds bad, unless you understand the lifecyle of a river-fed freshwater lake. It works like this. The water goes away and the vegetation takes over, thriving on the rich silt left behind by the river. Eventually, the water comes back and floods the vegetation and much like compost nourishes your garden, the decaying vegetation saturates the lake with nutrients. It might smell a little ripe for a few weeks as things decay and the lake goes through an algae bloom, but now the lake is ready to jump-start the aquatic food chain. The bait fish thrive and multiply and their young find shelter in the plant structure left behind. As far as the fish go, everybody’s back, everybody’s eating good and spawning and successfully raising their young, replenishing the population for the fishermen and in turn for a little ole lakeside community like Tow. Just look at the way Lake Amistad came back after its last drought cycle. That place became a catfisherman’s dream, and do you remember how many Share Lunker bass it has produced? So you see? It’s just a matter of time, and it rained today. Your catch Filleted and Bagged for You Ken Milam Guide Service (325) 379-2051 www.striperfever.com Furnish your TPWD Fishing License & Refreshments, and WE DO THE REST! STEVE SCHULTZ OUTDOORS, LLC BAFFIN BAY –– LAGUNA MADRE –– LAND CUT SPECKLED TROUT –– REDFISH –– FLOUNDER FISHING AND HUNTING TRIPS (361) 949-7359 www.baffinbaycharters.com steveschultzoutdoors@gmail.com U.S. Coast Guard & Texas Parks and Wildlife Licensed Brushy dock - one of our fishing docks resting in the weeds in the lake bottom Houston Construction News • Oct 2012 H Page 9 A bridge for bears? ats off to the bridge builders – it seems we’d never get anywhere if it weren’t for overpasses, underpasses, tunnels and other such features that make our daily commutes to work a little easier, a little faster, and a little more possible. But four-wheeled vehicles and the people who pilot them aren’t the only living things and inanimate objects that benefit from these manmade structures. Around the world, bridges, overpasses, underpasses and more have been built solely for the purpose of helping wildlife get from point A to point B. Why do they do it? Well, most sources say it offers the excellent combination of preserving wildlife and preventing damage to property. Existing wildlife structure include several underpasses and bridges in Florida designed to protect the Florida panther; underpasses in California that are used by desert tortoises and other species like bobcats, coyotes, foxes, and mule deer; and others around the world that protect species from bears to flightless birds to koalas. They even exist in here in the Lone Star State. Some years back, an underpass was built in south Texas to accommodate ocelots, which are also referred to as “Texas panthers.” Curious about how they look? Just take a look at this page! –ms This animal bridge helps a variety of species in Montana. Leisure’s good for you hris was walking down the street C when he was accosted by a particularly dirty and shabby-looking homeless man who asked him for a couple of dollars for dinner. Chris took out his wallet, extracted $10 and asked, "If I give you this money, will you buy some beer with it instead of dinner?" "No, I had to stop drinking years ago," the homeless man replied. "Will you use it to go fishing instead of buying food?" Chris asked. "No, I don't waste time fishing," the homeless man said. "I need to spend all my time trying to stay alive." "Will you spend this on decoys for duck hunting instead of food?" Chris asked. "Are you NUTS!" replied the homeless man. "I haven't hunted in 20 years!" "Well," said Chris, "I'm not going to give you money. Instead, I'm going to take you home for a shower and a terrific dinner cooked by my wife." The homeless man was astounded. "Won't your wife be furious with you for doing that?” Chris replied, "That's okay. It's important for her to see what a man looks like after he has given up beer, fishing and hunting." –ms Our neighbors to the north in Canada have this bridge in Banff National Park. Check out the top: it even has trees and other natural features. Here’s what some of the bridges look like when they’re under construction. A sturdy structure is needed before dirt, rocks, and flora can be added. Page 10 Houston Construction News • Oct 2012 Knocking down pins Industry FOLKS Brad Roberts Store Manager Morrison Supply B rad Roberts started out in the plumbing supply business as a driver, worked in the warehouse, worked in inside sales, became a assistant manager and was promoted to store manager at Morrison Supply in March. “This is one of the best jobs I have ever had,” Roberts said. “I get to see about 100 of my best friends every day for about 10 to 15 minutes. Customers and I will talk and they will tell me about their family or their dog. “I usually stay at the store on a daily basis. Sometimes, I will run errands but I don’t do any outside sales. “If I were to give advice to a young person wants to get into the plumbing supply business, I would say start out at the bottom just so you can learn everything.” Roberts says he is originally from Magnolia, TX. He attended Magnolia High School. “When I wasn’t going to school, my friends, family and I used to like to go fresh water fishing at Lake Conroe,” he said. “We went fishing as much as possible. Nowadays, I enjoy going salt-water fishing at Galveston and East Matagorda.” According to Roberts, his very first job was working at the Texas Renaissance Festival on the weekends. Wearing a costume, he walked around and sold small trinkets and souvenirs to folks at the festival when he was 15. After graduating high school, Roberts enrolled and studied at North Harris County Community College for two years. “I soon decided I wanted to begin working full-time,” he said. “I went to work as a crew leader for a local construction company. I worked out in the field with three other guys. “Next, I began working in the plumbing supply business. I have been employed at Morrison Supply for 12 years.” Roberts enjoys going dove hunting at the Grand Parkway during the fall season. “We have a “Wall of Fame” with lots of photos of our customers who go hunting and fishing,” he said. “I am sure there will be more photos on the wall with deer season about to start. “I am a Houston Texans fan too. I get together with a group of 12 folks and we have a party and watch the game every Sunday.” –ab 1st Place Team: Haynes Whaley T Minnix, AIA board member and director of the city's general services department. Perry Seeberger, Seeberger Architecture and AIA Houston president presented the trophies to the winners. –ab he 4th Annual Bowl-a-TAC event held Sept. 14 at Palace Lanes was a success with lots of fun for all involved. Hosted by American Institute of Architects Houston Chapter (AIA) and Texas Architects Committee (TAC) advisory trustees, the event raised more than $8,000 for TAC. Participating for the first time was team City of Houston with councilman and chair of the budget and fiscal affairs committee, Steve Costello and Scott Congrats to the winners! 2nd Place: WHR Architects 3rd Place: FKP Architects High Point: Men: Ben Graham: Score 232 Women: Jackie Chisholm: Score: 165 DID YOU KNOW . . . . CONSTRUCTION ™ The Industry’s Newspaper Largest circulation construction newspaper in Texas Houston Construction News • Oct 2012 Page 11 Specialty Contractors Lowest cost isn’t always the best option Peter Holland, Vice President North Texas Stone Fabricators Association Carrollton, TX P eter Holland, President of Holland Marble Co Inc. and Vice President of the new North Texas Stone Fabricators Association, says education is a major key to discouraging folks in the industry from undervaluing their products and services. That’s one thing he says their new association, led by President Bobby Gladu, principal of Artisan Masonry and AA Marble and Granite, aims to do through educational tools such as workshops and guest speakers (industry experts) as it picks up speed. “By offering education to companies in our industry about what the true cost of doing business is, they’ll be able to understand that they need to increase their prices to capture those costs, execute smart business principals and survive in this industry,” Holland says. “Nobody is going to tell them what to charge. I think right now they are falling into a situation of the blind leading the blind – many simply don’t understand the true costs of doing business and the risks they are undertaking. “For example, if one company has a price of $40 per square foot, the next does it for $38, and the next does it for $36 until you get down to some ridiculously low number that is way below the real costs. It is not a sustainable model. “This trend is widespread across the industry as a whole. When they learn how to obtain their true costs of doing business and realize what they should be charging to cover those costs, and implement the changes necessary it will create a healthier industry and better competition for all.” Holland said the low-ball pricing and low profit margins have a harmful effect on the entire construction industry. “It hurts the whole industry because you get complaints about the quality of the work that’s going in. You hear complaints that this is a rag tag industry, which it’s not. “Some of these lowball companies don’t have the financial wherewithal to complete the projects they have been awarded, so they attempt to make (their product) quickly, they install it quickly – they cut corners. At best quality issues arise and at worst the whole installation needs to be redone. Lawsuits ensue and our industry gets a bad rap. “That’s what we need to stop. That’s what the Marble Institute of America and other organizations have tried to do – educate the stone companies about proper procedures and fabrication and safety. “ Not much has changed in the world of technology in the past three or four years to set stone companies apart from one another, making the quality of work an important determinant when deciding on a stone fabricator and installer, he said. “At the end of the day, they may want low prices,” Holland says. “But if the gen- eral contractor doesn’t receive a good quality installation from the subcontractor, the client certainly will be upset and require the work to be completed to the acceptable industry standard before releasing funds. The GC has no choice but to conform to this request so the question then arises, is it prudent to screen the subcontractors track record prior to awarding the work and thus ensuring as much as possible that the quality will be there upon completion? “If he insists on pursuing the low price bid, and has a problem with that sub, it eventually reflects back on the GC as well. So at some point, there needs to be a turning point where they say we need to focus on quality, not just price. Find the balance between both.” Holland says, though it’s early, he’s pleased with the direction of the new association. “I think things are moving along quite well for an organization that started just a few months ago,” he said. “Marble Institute of America (one of our leading industry associations) has expressed an interest in partnering with us. Once we show companies in the industry the direction we’re going and how helpful it can be if we all stand together, I have no doubt they’ll support it.” – ms “It will come back to haunt you with the government, and if you do things unethically and illegally, it will also come back to haunt you with your own employees, managers and customers,” she says. “You may get a short-term gain, but it can do long term damage.” While the economy seems to be improving, Nelson says caution with cash is important as contractors begin to see the light of day on their way out of the recession. “Sometimes a contractor who has survived the recession can start to struggle with cash flow,” Nelson explained. “It has not historically been unusual to see the shakeout occur after the recession rather than during. “You start to gear up. You start to buy materials, add on management and staff, but the payment flow is slower (than the resources you’re adding) gearing up for work. You can all of a sudden run into a cash flow problem that can pull you under.” Other challenges subcontractors face as they move out of the recession include when to bring back managers and employees that were cut during the recession, weak financials leading to difficulty gaining adequate surety bonding, and out-of-work skilled laborers moving on to other professions. While there’s no cookie cutter, justadd-water solution to these issues, Nel- son said contractors can better their situations, strengthen their customer base and fortify against fly-by-night companies through face time. “They need to maintain personal relationships with their customers – both the primary contractors and the owners,” she said. “(Maintain relationships) with those they’ve done business with for a long time, and even the new ones.” While technology is responsible for a lot of advances, it’s definitely hampering this aspect, she said, making face time more valuable. “It used to be, you’d go to a plan room where estimators would talk and gossip about which job was coming up and what project manager was good to work for, “ Nelson said. “Today, those same estimators sit at their desk and look at plans online. “A lot of personal relationships have eroded. So, at a time when you’re already short handed, you might not want to call a customer that’s an old friend to have a drink or play golf, but it’s more important now more than ever to maintain those types of relationships.” Associations like ASA can help bring people together, she noted, but said it’s really simpler than that. “It’s just hard individual work,” Nelson said. –ms Improving economy presents challenges Colette Nelson, Executive VP American Subcontractors Association Alexandria, VA W hen asked to pinpoint hot-button issues that specialty contractors are facing lately, ASA Executive Vice President Colette Nelson can name several. They can all be traced back to a familiar culprit, too, she says. “The economy creates a domino effect on so many other issues with any business,” Nelson said. “Certainly in Texas, the economy in construction has been better than in many other areas, but that means a lot of contractors are coming from Texas to compete.” Such an influx of subcontractors can make things difficult for those already operating and based in the Lone Star State, she says. Some will even resort to unscrupulous practices in an effort to win jobs and keep the money rolling into their accounts. “They can be competing against specialty trade contractors who are not as knowledgeable about a market or who may be desperate for jobs to create cash flow, and so they bid low,” Nelson said. Misclassifying employees is another area in which less forthright subs might attempt to gain an edge in the bidding process. Nelson said she gets a lot of complaints about this in Texas. “Desperate people in desperate companies do desperate things,” Nelson noted. “We see contractors using ‘independent contractors’ rather than employees, but they’re really just employees who have been misclassified. “(The companies) don’t have to pay benefits or payroll taxes or workers compensation. It’s very hard if you are the drywall contractor from Houston competing with someone from Cupcake Contractors who has misclassified their employees in order to get a competitive edge.” Besides being bad sportsmanship, doing such a thing can have far-reaching ramifications, Nelson warns. NEXT MONTH November 2012 Support Your Industry’s Feature Issue Architecture & Enginneering 2012 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 Dallas/Ft. Worth Houston July:Electrical Industry Aug:Service Providers Sep: Green Building Trends (210) 308-5800 Oct: Specialty Contractors Nov: Architecture & Engineering Dec: Construction Equipment Page 12 Houston Construction News • Oct 2012 Specialty Contractors Moving up in today’s economy Harry Dollar, Vice President Marton Roofing Industries, Ltd. Houston, TX T aking your business to the next level in today’s economy poses unique challenges for subcontractors, notes Harry Dollar, Vice President and General Counsel for Marton Roofing Industries, Ltd. (MRI) in Houston. However, it’s not impossible to grow. “If you adhere to a solid business plan and are able to properly manage risk, you can safeguard against potential fatal mistakes as you grow,” Dollar says. For starters, before committing to that big job that could catapult you to the next level, it’s important to be aware of your financial position. “You need to constantly evaluate the financial condition of your business so that you know from a cash flow and general risk standpoint what you’re able to do,” explains Dollar. “If you’re grossing $10 million a year and you’re bidding on a $5 million project, you need to look at se- curing a line of credit or some other arrangement to provide cash flow, because you will be financing a single project that equals half of your annual gross revenue.” “In commercial construction, you’re financing large projects for long periods of time which requires you to routinely assess the credit worthiness of your customers.” Obtaining a line of credit or getting a loan these days can be easier said than done, as lenders are certainly wary of what could go wrong. “These days, banks are hesitant to lend money to even credit-worthy customers. However, we are fortunate to have an excellent working relationship with our lender and access to a generous line of credit,” Dollar said. “There are a lot of moving parts. If you get on a large project and the owner files bankruptcy or the general contractor abandons the job or refuses to pay you and you fail to perfect your lien rights or secure a claim against a payment bond, your cash flow will be materially affected.” If you don’t have a ton of cash flow, or if the banks aren’t helping you out, there are other courses of action to pursue. “If you have a good relationship with a competitor, it might allow you, given the right opportunity, to create a joint venture or enter into a partnership,” Dollar said. The roofing industry veteran said not to be discouraged if finding a partner proves tricky. “With the economy the way it is, this may not be a viable option,” Dollar noted. “It’s also probably harder to joint venture in this industry. The commercial roofing business is very competitive and proprietary.” The answer for many roofing companies looking to grow their bottom line may be through merger or acquisition. It’s not an option that the 36-yearold MRI has considered, but it seems to work for many companies, Dollar said. “A lot of that is happening because of margin compression and lack of organic growth,” he explained. “For some, the fastest way to grow revenue may be to There is no charge for stories or photos. 713-599-1774 HoustonEditor@ConstructionNews.net Marton Roofing Industries, Ltd (MRI), headquartered in Houston, TX, is a nationally recognized commercial roofing, decking, and sheet metal roofing contractor. MRI is an approved applicator of virtually every major commercial roofing and decking system in the United States. What is your favorite scary movie? Have you appeared in Construction News? Call or email us! acquire another company.” Since the late 2000s, businesses – construction-related and otherwise – have stayed afloat by simply doing more with less. For instance, a residential roofing contractor can stay more liquid while working out of their home instead of leasing office space. “The looming fiscal cliff in Washington, D.C., Obamacare and the upcoming election have had a chilling effect on construction in general; however, Houston seems to be holding up relatively well,” Dollar said. “These uncertainties, coupled with an anemic economy, have lead to continued margin compression in our industry but, we have responded well by cutting operating expenses and doing more with less. “Now, more than ever, I believe that finding the work may be the easier challenge, and safely completing the job and getting paid for it is the hard part.” –ms I liked the horror comedy parody “Scary Movie” from the year 2000. It was funny and scary at the same time. Chris Apostalo, American Fence & Supply Co. The “Sex in the City” movie scared me a lot! It is my favorite scary movie I have to say. Chris Hernandez, Action Gypsum Supply I can’t think of a favorite scary movie because I don’t really watch scary movies at all! Jim Munn, RSC Equipment Rental I liked “Elvira: Mistress of the Dark.” That has to be my all time favorite scary movie. I think it came out in 1992. David Kirker, Ahern Rentals It is not the scariest movie or anything but I loved “The Goonies” from 1985. It is a classic movie about a group of kids who find a pirate treasure map. The cast included Josh Brolin, Jeff Cohen and Corey Feldman. Christian Garza, Southern Fastening Systems I liked scary movies from way back in the day. I think my favorite would have to be Alfred Hitchcock’s “Psycho” from the year 1960. Rachel Lowe, Equipment Depot “Freddy vs. Jason” was a really scary movie to me. It was about Freddy Krueger and Jason Voorhees terrorizing the teenage population. Darrell Jarvis, Morrison Supply My favorite scary movie is “Texas Chain Saw Massacre” from the ‘70s. That one is a classic! David Manuel, Metal Building Supply My favorite scary movie is probably "Fire in the Sky." There are several scenes in it that seriously creep me out on a psychological and atmospheric level so badly that I can never watch it before going to bed. Mary Paul, Construction News Houston Construction News • Oct 2012 Page 13 continued from Page 1 — Upholding justice “A prefabricated dome structure tops out the 4th level atrium at 85' high on the north side and a 105' high clock tower highlights the south side,” he said. “In addition, a new central plant includes cooling towers, chillers and generator with future expansion provisions for a courthouse administration building expansion. “One challenge we faced during construction was the complex foundation, including the tunnel to the existing jail, which created a complicated pier and foundation layout. Using Building Information Modeling (BIM) we were able to visualize the arrangement, develop a schedule, and communicate more effectively with workers in the field. “Additionally, budget was an issue. Fort Bend County had very specific goals in mind, yet was mindful of the cost to build. Throughout the budget and design process as well as during construction, JE Dunn Construction worked closely with PGAL, consultants and the county to offer value-engineering ideas. The ideas that were implemented did not detract from the functionality or overall aesthetics of the building but did provide significant cost savings to the owner.” Kummer says to further overcome the potential budget challenge, BIM was implemented throughout the project. “We modeled the entire building for clash detection including structure, mechanical, electrical and plumbing (MEP) systems and fire life-safety systems and developed a skin mock-up package,” he said. “The resulting strategy ultimately led to an easier construction of the skin, which improved the schedule and saved the owner over $30,000. “The FBCJC is the most expensive building ever completed in Fort Bend County. As the nation's 12th fastest growing county and the 2nd fastest in Texas, Fort Bend County has experienced unprecedented growth in the past 10 years. The new center was built to alleviate the crowding of county's existing court buildings and provide for future expansion for the continued growth of the area. “To help alleviate some of the expense, a design emphasizing energy efficiency resulted in a significant reduction in energy use, ultimately saving taxpayers’ dollars. Energy efficiency elements such as high-efficiency glass, efficient mechanical systems and under-floor Round-Up FKP Architects has recently named Edward E. Huckaby, FAIA, ACHA, ACHE, Gary S. Owens, AIA, ACHA, LEED AP and Michael R. Rader, AIA, ACHA, LEED AP to the firm’s board of directors. –ab Huckaby The escalators HVAC with individual controls for comfort were incorporating in the design and construction. Additionally, select "green" materials were used and recycling stations were added to each floor.” According to Kummer, the success of the Fort Bend County Justice Center was a complete team effort. He says from the onset of the project, JE Dunn Construction and PGAL became partners with Fort Bend County and set out to create a team atmosphere, including consultants and subcontractors. “All major stakeholders communicated freely and honestly through design and construction to achieve the project goals and successful completion of this landmark building,” he said. John Ernest Dunn (Ernie) founded JE Dunn Construction Co. in Kansas City, MO in 1924. Today, the construction manager and general contractor has 20 offices and 2,100 nationwide. The Houston office opened 22 years ago. The company has approximately 170 employees in South Central Region. Areas of expertise are: multiunit residential, healthcare, education, correctional, government, religious & cultural, sports, green building and CM-at-Risk. –ab Professional Team Senior Project Manager: Kenneth Eldridge, JE Dunn Construction Project Superintendent: Troy Dlugosh, JE Dunn Construction Architect: David Andrews, PGAL The courtroom continued from Page 1 — Electrical endurance “I am an avid fitness enthusiast too,” he said. “I am training for the 2013 Houston Marathon nowadays. I have been able to run eight miles and it feels great! I am slowly building up my endurance. “I have participated in multiple triathlons over the years. I rode my bike in the MS 150 event for the last two years. In addition, I am a black belt in tae kwon do and karate. “My future goal for the company goal is to continue doing what we do best!” R.M.G. Electrical is a commercial and industrial electrical contractor. The company specializes in motor controls and automation. –ab continued from Page 1 — The sky’s the limit Fairbanks says the company founder Rob Pelletier was a very exciting, young dynamic person to work with. “We all respected Rob and cared a lot about him,” he said. “Rob passed away suddenly about five years ago. Rob’s widow Robin is now the owner and president of the company. “Robin has been through a huge change in her life. She is the mother of three young children. Now, she plays a major role at the company. She is in- volved with all of our contract negotiations and she oversees all the financial matters. “We have a great, close knit group of people working at Rob Pelletier Construction. We a have a good time doing what we do!” Rob Pelletier Construction is a contractor specializing in the installation, sales and service of skylights, translucent wall panels and roof systems and folding panel partitions. –ab Owens Callie F. Bletsch, P.E. has joined the Raba Kistner Environmental Inc. Houston office as a senior environmental professional. In this position, Bletsch will serve as project professional/manager for environmental planning and permitting projects and conduct analysis of field data with respect to the preparation of report data. She has more than 13 years of experience, which includes seven years in environmental compliance, state and federal resource agency coordination, extensive public involvement, U.S. Army Corps of Engineers permitting and National Environmental Policy Act document preparation. Bletsch holds both M.S. and B.S. degrees in Environmental Engineering from Texas Tech University. –ab JE Dunn Construction has hired Carl Biano to their South Central office as senior superintendent. His first assignment with the company is to oversee the historical Bethel Church Park project for the City of Houston. Biano followed his father’s footsteps into the construction industry more than 40 years ago. Before joining JE Dunn Construction, he worked with several large general contracting firms including Linbeck and Balfour Beatty. The company has also hired Gary L. Ferguson to the South Central office. Ferguson has worked in the Houston market for more than 35 years. His business development efforts at JE Dunn will focus on the new initiative of pursuing large corporate re-stacks and high-end interior buildouts. –ab Rader Balfour Beatty Construction made two leadership additions in the Houston office, appointing Juan Rodriguez as vice president of public/private projects, and Dawn Landry as director of business development. I n their new roles, Rodriguez and Landry will focus on continuing development in the company’s core markets of interiors and special projects in Houston and the surrounding areas, while expanding into public/private ground-up and education projects. Rodriguez has been with the company for 19 years in a variety of roles. He holds degrees from Texas A&M University and the University of Texas. Landry joined Balfour Beatty Construction in Jul. 2012. She has spent 20 years in business development, marketing, public relations and economic development roles throughout her career. –ab Virtual Builders Exchange, LLC (VBX), has named Stuart R. Werner as its Vice President of Business Development. Werner will be responsible for business development, marketing and sales operations, new product launch and client services on behalf of all three regional offices in Texas (San Antonio, Dallas and Houston), and its affiliates throughout the U.S. Werner has over 30 years of senior management experience on behalf of such industry notables as Trane Commercial Systems, a division of Ingersoll Rand. Prior to joining VBX, he served as Trane’s District General Manager for the South Texas District. Page 14 Houston Construction News • Oct 2012 Association Calendar A strong TX presence Content submitted by Associations to Construction News ABC Associated Builders & Contractors Oct. 11: Business Excellence Awards Oct. 17: State & Federal Employment Law Seminar Oct. 18: ABC/WCA Honor Elected Officials Reception Oct. 22: Fall Golf Tournament Oct. 25-26: ABC Annual Planning Conference Oct. 30: 2012 Construction Expo For more information call 713-523-6222 AGC Associated General Contractors Oct. 2-4: OSHA 3110 Fall Protection Oct. 4: 1st Thursday Monthly Mixer Oct. 5: Texas Sales and Use Taxes for Contractors Oct. 8: Collateral Duty for Other Federal Agency Oct. 10: Lean Education Program Unit 1: Variation in Production Systems Oct. 15: 2012 Construction Career Collaborative Golf Tournament Oct. 15-24: Introduction to Construction Plans & Documents (Wednesdays) Oct. 16-17: Unit 2: BIM Technology Oct. 16-19: RM 101 Safety, Health and Environmental Risk Management Principles Oct. 18-19: OSHA 10 Hour Oct. 19: Texas Lien Laws Seminar Oct. 22: OSHA 7845 Recordkeeping Rule Book Oct. 23-25: SH 200 Trainer Course for H2S (Hydrogen Sulfide) Oct. 23: Raising Safety Awareness in Construction (Spanish) Oct. 24: Raising Safety Awareness in Construction Oct. 26: Advanced Lien & Payment Issues Seminar Oct. 30: OSHA 500 Trainer Course for General Industry; Introduction to Accident Investigation and Digital Photography For more information call 713-843-3700 AIA American Institute of Architects Oct. 5: Building Systems Seminar for ARE 4.0 Oct. 6: Towers & Trees Downtown Walking Tour Oct. 11: Full Day CE Oct. 12: The AIA + 2030 Challenge: Session 7 Oct. 13: Texas Medical Center Walking Tour Oct. 20: Rice University Walking Tour Oct. 25: Texas Accessibility Standards; Authors in Architecture: Fair Park Deco Oct. 26: The AIA + 2030 Challenge Session 8 Oct. 27-28: 26th Annual Home Tour For more information call 713-520-0155 ASA American Subcontractors Association Oct. 3: Membership Committee meeting, 8:30am Oct. 10: Board of Directors meeting, 9am, Marek Brothers Systems; Government Advocacy Committee meeting, 10:30am, Marek Brothers Systems Oct. 15: C3 Golf Tournament, 11am Oct. 18: BPI Session, 11am; General Lunch meeting, 11:30am, Effective Employment Evaluations Oct. 23: Safety Committee meeting, 10am, T.S. Commercial Concrete 19319 Oil Center Blvd.; Marketing to GC’s, 1pm, Marek Brothers Systems Oct. 30: Contract Language Seminar, 9am, Andrews Meyers PC For more information call 281-679-1877 FPA Foundation Performance Assoc. Oct. 10: Monthly meeting, 5pm, Updates to Texas Law Impacting the Design Professional, Speaker: Marshall Rosenberg, Harline Dacus Barger Dryer LLP For more info: www.foundationperformance.org IEC Independent Electrical Contractors Oct. 1: Motor Controls Class – PLCs (600), 6pm-9pm (Mondays) Oct. 4: Motor Controls Level 1 Class (100), 6pm-9pm (Thursdays) Oct. 6: Electrical License Renewal Class (Spanish), 8am-noon Oct. 8: Electrical License Renewal Class Oct. 9: State Masters Exam Prep Class (400), 6pm-9pm (Tuesdays) Oct. 10: State Residential Appliance Installer & State Maintenance Exam (200), 6pm-9pm (Wednesdays) Oct. 11: State Journeyman Exam Prep Class (300), 6pm-9pm (Thursdays) For more information call 713-869-1976 NECA National Electrical Contractor Assn. Oct. 9: Houston JATC meeting Oct. 11: Coastal Sabine Division meeting, Beaumont, TX Oct. 17-18: Southwest Health and Benefit Fund Meeting, Dallas, TX Oct. 18: TXGC Division meeting, Corpus Christi, TX Oct. 30: Houston Division meeting For more information call 713-977-2522 T Texas had several women from various regions representing the Lone Star state at NAWIC’s Annual Meeting and Convention. he National Association of Women in Construction chose Denver for the scene of its Annual Meeting and Convention, which was held late in August. NAWIC’s national leadership will again have a strong Texas presence for 2012-13, following an installation of officers that took place at the convention. Texas officers include Vice President Sandy K. Field from the Houston chapter and Immediate Past President Judy DeWeese from the San Antonio chapter. Cindy Johnsen, a member of NAWIC’s San Bernandino-Riverside, CA chapter, will serve as national president. Other officers include President Elect Yasmine A. Branden, Portland, OR; Treasurer Connie M. Leipard, Central Missouri Chapter; and Secretary Dove Sifers-Putman, Charlotte, NC chapter. NAWIC is an international association serving approximately 160 chapters across the United States. It was founded in 1953 to enhance the success of women in the construction industry as “Women in Construction of Fort Worth, Texas.” –ms Sandy K. Field, right, of Houston was installed as NAWIC’s national vice president for 2013. Also attending from Houston’s NAWIC chapter were Beckye Manzel, President; Linda Schneider, Vice President; Jody Richwine, Immediate Past President; Cindy Wade, Director; Terry Johnson and Angie Prandy. Golfing helps kids NAWIC Nat’l Assn. of Women in Construction Oct. 8: General meeting, 5:30pm, The HESS Club, 5430 Westheimer, Cost $35, Reservations required, guests welcome For more information call 713-204-7952 or email cathy.nawic@gmail.com PHCC Plumbing-Heating-Cooling Contractors Oct. 12: Oktoberfest, 6:30pm, St. Arnolds Brewery For more info: www.gulfcoastphcc.org WCA Women Contractors Association Oct. 18: Honor Elected Officials Reception, 5pm, Sambuca Restaurant, 909 Texas Avenue For more information call 713-807-9977 I The 1st Place team: Lone Star Fire Protection, L-R: Thomas Winingar; Larry Mathis; Brandon Blankenship; Steve Bennett; Steve Cook and Ivan Sparkman t’s probably fitting that a golf tournament be held in a town called Trophy Club, TX. The country club there provided the backdrop for the Texas Fire Sprinkler Contractors Association’s 23rd annual golf tournament, which was held Sept. 17. Proceeds from the statewide TxFSCA tourney always benefit Texas Scottish Rite Hospital for Children. Prizes were awarded to teams finishing in first, second and third. –ms 2nd: American Automatic Sprinkler: Willie Templin; Todd Templin; Matt Goggans; Aaron Holderness; Travis Torres and Ryan McIntyre 3rd: Ferguson Fire & Fabrication & Potter Electric Signal: Travis Hitzeman; Craig Delgado; Tim Freiner; Andy Kaempfer; Carson Bullard II and Carson Bullard III editions can be Did you Pastdownloaded at know? www.ConstructionNews.net Houston Construction News • Oct 2012 A prosthesis makes it possible Page 15 On the surface I n the construction industry, you may think losing a limb means losing your livelihood. Jose Estrada, who is a unilateral above-the-knee amputee, believes the only thing that could stop you from staying in the field is a bad attitude. “I got a second chance, and no matter what, I wake up wanting to go to work,” Estrada asserts. “I feel lucky that I have a job that pays me well. I’m opening an office, trying to take the next step to owning my own company, so those are definitely positive.” For eight years, Estrada was a self-employed subcontractor with his own business, Eagle Concrete. But, in 2008, he was in a rollover accident with his truck. Jose Estrada, former and once again construction business “My Bobcat was beowner, is determined to stay in his industry despite losing a leg in 2008. hind me, and I blew out a tire,” he recounts. “I jackknifed, and I got thrown out of my truck. case such troubles arise. My truck landed on me, and then I took “You have to be a little more preout a high-voltage box, and I landed on pared on what’s going to be your next the high-voltage wire, and that’s what lit- step – no pun intended,” he laughs. erally burnt my leg off.” Estrada intended to start his own Estrada spent a month and a half in a contracting company before losing his coma, and then another nine months in leg, and now, four years later, his dream is the hospital and another year trying to coming true. His experience and experrecover. He credits Margie Garcia, his tise in the industry paved the way for him Department of Assistive and Rehabilita- to manage the business, which already tive Services (DARS) counselor with help- has three employees. ing him get on route, back into the work- On the long road to this point, Hangforce. er, Inc. Prosthetics and Orthotics, liter With a degree from San Antonio Col- ally helped Estrada get back on his feet. lege in occupational safety, Estrada be- “They overestimate what I can do, came a safety consultant. DARS paid for and that’s exactly what someone needs his courses and books, so he could gain when they’re in that situation,” says Esmore trade skills. Currently, he works for trada, calling the members of the Hanger Fishbone Safety in the Eagle Ford Shale, Clinic on Brooklyn Avenue “a wealth of monitoring hydrogen sulfide levels on positive influence.” the production wells. Delbert Lipe, certified prosthetist/ Now, at 40, from the South Texas oil orthotist (CPO), is one of Estrada’s prosfields, he is reestablishing himself as a thetists. He says Estrada is just one of the construction business owner. Over the many who have lost arms or legs and still summer, Estrada Contractors and In- work in construction, and even more amvestment Group opened its office at Cal- putees indulge in leisurely constructionlaghan and 410. The office is run by his related work at home thanks to a wide fiancé, Ellie Rios, a realtor he met after his range of devices and innovations. accident and a positive influence on his Lipe specifies that the prosthetists everyday life. need to know what you need to be able Even though his above-the-knee to do so they can tailor the prosthetic prosthetic means he can’t pour concrete limb to suit your purpose or job. For exanymore, he says, “I have hands that can ample, prosthetic arms can have a termido any type of remodel.” nal that allows you to plug in a device to As he gets situated, Estrada plans to carry out a specific task, from hammering remodel houses and pursue commercial to golfing and beyond. projects. “Right now, I’m in the mindset “I have done lots of different tools of ‘Let’s get to work!’” that you can adapt into upper extremity Though Estrada can’t physically do prosthetics,” Lipe describes. “There’s a some of the work he used to, he says it whole company called Texas Assistive doesn’t stop him from trying, nor does it Devices that makes all kinds of tools, acdeter him from working in the industry tually – kitchen utensils and cutlery and he has been in his entire life. all kinds of things that plug straight into The biggest difference is that he has prosthesis. We use those a lot, but typihad to slow down and think ahead more. cally most [people] just use them for Before the accident, he would jump in to home repair – guys that are working take over if a problem arose or a new hire around their house, amateur carpentry… didn’t work out. But since he can no lon- “I think the biggest thing we do is try ger do that, he needs to have a plan in to make something that’s just durable, that isn’t going to break down,” explains Lipe, adding that he will take into account if a person will be carrying heavy loads since a lot of componentry is based on body weight. Also, Lipe mentions that simple adaptions like beefing up the lamination and adding a sole pad on a lower extremity prosthetic would help a plumber be more comfortable working on his knees all day. “Certainly the more complicated you get, the more difficult it is,” Lipe says of working with a prosthetic limb. “But you know, I’m a big believer it’s more the indiPhoto courtesy of TRS, Inc. One of several adapted devices that exists vidual than the disability.” –mp for an upper extremity prosthetic, allowing amputees to work with tools. McCarthy Building Co. recently broke ground on the San Jacinto River Authority (SJRA) Surface Water Facility project in participation with the City of Conroe Mayor Webb Melder, Montgomery County Judge Alan B. Sadler and State Senator Tommy Williams. –ab Page 16 Houston Construction News • Oct 2012 Construction News ON LOCATION Construction News ON LOCATION Double take Going up? L-R: L-R: Store manager Dan Himmel and Heath Hayley, assistant store manager, start the day out right at Lumber Liquidators in League City, TX. The company sells and installs hardwood flooring. –ab L-R: Carl Hogan, Mark Fehrle and Nick Austin step outside for a quick photo at RICO Elevators Inc. in Dickinson, TX. –ab Construction News ON LOCATION Construction News ON LOCATION Cool cowboy Power mix One thing President Robby Surman, Bob’s Air Conditioning & Heating Inc., never forgets to bring to the office is his favorite cowboy hat. –ab L-R: Diane Pope, Mike Kotz, Brent Halcumb, Tiffany Mayeux, James Atkins, David Gilley and Lucas Shook put in a hard day’s work at CED Tidal, an electrical distributor in La Marque, TX. –ab Turning the Page for your Growth, Strength & Profits Construction News Advertising 210-308-5800