October - Construction News

Transcription

Covering the Industry’s News
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Style
P.O. Box 791290
San Antonio, Texas 78279-1290
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Expansion mode
B
TX.
“We are still operating at our original
location on Spring Hill Drive,” Briggs said.
“We doubled in size two months ago, so
we expanded our office space in the
building. We are growing quickly.
“In the beginning, we had three employees and we wondered how we were
going to fill the front office. Today, we
have 17 full-time employees and four
part-time employees.”
According to Briggs, he spent 12
years in the U.S. Army before he began
working in the construction industry.
“I worked at a home building com-
Volume 11

Number 10

OCTOBER 2013
Work hard, play hard
The Johnson Roofing and General Contracting team
ill Briggs established Johnson
Roofing and General Contracting
Inc. more than a year ago in Spring,

pany and at a roofing company before I
went out on my own,” he said. “I worked
my way up from salesman to a national
sales manager during that time.”
Briggs says he leads a Bible study every Wednesday from noon to 1pm at the
office. He says employees are welcome
to come to the Bible study.
“We all have various hobbies on the
side,” he said. “When we have time we
like flying remote control helicopters and
working on cars.
“Some of the guys like to go hunting
and fishing on the weekends. They also
like to attend car racing events. We enjoy
spending time in the great outdoors every chance we get.
L-R: (Back Row) Susan DeAlmeida, Katie Hirschheim, Janet Solis, Raquel Guillen and
Scarlett Flores (Front Row) Geoffrey Raasch, Ahmet Kalayci, Sohban Khan, Chad Snyder,
Jim Warner, James Brooks, Sohail Akram and Casey Wagner. Not pictured: Gina Holstien.
W
alker Parking Consultants |
Walker Restoration Consultants moved to a larger office
space on Bay Area Boulevard in September.
“Our business is continuing to expand,” said Katie Hirschheim, marketing. “It’s an exciting time for us!”
Hirschheim says the Walker Parking
Consultants | Walker Restoration team organizes bi-annual office potlucks at the
office.
“We each make and bring our own
dish or two,” she said. “Since we are such
a diverse group, we get some unique,
yummy dishes!
continued on Page 13
“For community service, whether it’s
donating food to a drive or being hands
on, we like to lend a helping hand to organizations like Casa de Esperanza and
Habitat for Humanity.”
Casey Wagner, PE is the regional
leader/managing principal. Gina Holstien is the director of business development, Sohail Akram is a designer, Susan
DeAlmeida is the office manager, Scarlett Flores is a senior technician, Ahmet
Kalayci, PhD, PE is a design engineer,
Chad Snyder is a parking consultant and
Janet Solis is a administrative assistant.
The company team members have
various hobbies outside of work, she
said.
Right on schedule
M
urphy Exploration & Production
Co., a subsidiary of Murphy Oil
Corp., has a new base of operations in the new, 14-story Murphy Building at 9805 Katy Freeway. MetroNational
is the owner.
The general contractor for the building was Anslow Bryant Construction
Ltd. and Morris Architects was the project architect.
According to Steve Thomas, project
manager, Anslow Bryant Construction,
the project consists of a 320,000sf Class A
office tower constructed of cast-in-place
concrete with a precast and curtain wall
skin, a new grade plus 3 level 298,000sf
precast parking garage with a total of 914
parking spaces, a new single story structural steel and plaster veneer executive
parking garage adjacent to the office
building with a total of 14 parking spaces,
a new 3500sf retail core and shell space
located inside the precast garage located
in the northwest corner of the grade level, and an enclosed pedestrian bridge
connecting the new precast garage and
the new tower.
In addition to the core and shell
building, garage, executive parking, retail core and shell and pedestrian bridge
a tremendous amount of site amenities
have been added including a new East/
West road that connects Memorial City
Way to the existing restaurant parking
lot at the center of the Life Style Tract, he
said.
“The landscape will have a water feature and added public gathering spaces
with seating areas for pedestrian traffic,”
Thomas said. “As an added feature and
as an extension of previously completed
projects, a portion of the complex will
have music that plays continuously to
create a very unique feel.
The Murphy Building on Katy Freeway
Page 2
Houston Construction News • Oct 2013
The industry’s newspaper turns 15
Editor’s Note: San Antonio Construction
News started out 15 years ago, paving the
way for four more papers – Austin in 2001,
Dallas-Fort Worth and Houston in 2003,
and South Texas in January 2013.
I
n early 1998, Buddy and Reesa Doebbler decided it was time to do something different. So they sold their demolition company and pursued another
opportunity. Both felt that covering the
people, companies, and associations in
the construction industry held great
promise.
“We pulled together operating cost
estimates and ad pricing, Reesa created a
mockup paper and I hit the road to sell
the idea,” says Buddy Doebbler. “Thank
goodness we had people who wanted to
give our vision a chance and became advertisers.”
Fifteen years later some of the originals like Lynwood Building Materials,
Holes of San Antonio, G.D. Interiors,
ABC South Texas and Niznik Concrete
are still in the paper.
“We will forever be grateful to them,”
states Buddy. “The support we receive
from them and other advertisers joining
since then is the reason we’ve succeeded
all these years.”
Steven Schultz, president of the Associated Builders and Contractors (ABC)
South Texas Chapter recalls, “We were
one of the first advertisers, and we were
the only association. We saw it as a vehicle for the industry, to find out what was
going on. It only made sense to support
something for the industry, because
there really was no publication dedicated
to the San Antonio construction industry
back then.
“When the second issue came out, I
knew it would be a success,” Schultz continues, recalling the paper’s second issue
arriving at the office just before a board
meeting. “People were arriving early, and
everybody, as they came in, grabbed a
copy of it. Everybody was reading it, and
they were looking at the pictures and
talking about what they were reading or
what they saw. When you could see everybody from this diverse mix enjoying
what they were looking at, it was like, yes,
this is going to be a success.
“It’s been a good vehicle to highlight
the events, what’s going on, the golf
tournaments, stuff like that. It’s not so
much the exposure for ABC as
much as it is for the people in the
industry.”
Gary Sutherland, owner of
G.D. Interiors, says that Buddy,
whom he had known a long time,
talked to him about the idea, and
he started advertising, noting,
“He’s done a crackerjack job over
there along with everybody on
his staff that are just top of the
line.”
George Major, Jr., owner of
Holes of San Antonio, feels he’s
been a supporter of the paper
from the beginning because of
Holes’ relationship with Buddy.
He wanted to see Buddy make a
go of it with the paper, because
he thought it was a good idea.
“I especially like the articles
that y’all have in there, the Focus
articles, and also the Outdoor pages –
that’s another really fun thing I like to
look at every time the paper comes out,”
Major comments.
It turned out that getting in on the
ground floor and staying the course as an
advertiser and supporter has proved a
Reesa and Buddy Doebbler
Since 1998
good idea for Holes too.
“I like it because it keeps our name
out in front of our target market,” Major
adds. “Since Buddy’s been open, we’ve
had two new services that we offered.
The first one was curb cutting, and we
were able to advertise in there and got a
big response, and a big push in sales from
that. And the same thing when we started to offer concrete structure scanning.
We put special ads in the paper, and it really helped us to kickstart our new services that we provide.”
Kevin Hughes
Administration - Since June 2001
Sue Johnson
Production Mgr - Since Oct. 2002
Page 3
Three-quarter turn
Succession state
P
Bill Marek
John L. Marek
I
n 1938, 18-year-old John L. Marek
waved goodbye to his parents and
brothers Bill and Ralph at their Depression-battered Yoakum, TX home and
headed to Houston with 50 cents in his
pocket. Through family connections, he
managed to secure a 25-cent-an-hour
job in the sheetrock business, but his ambition and determination to escape desperate poverty spurred him on to create
his own sheetrock business that same
year. Fortunately, he knew two men who
would make the perfect business partners, and with Bill and Ralph on board,
Marek Brothers Sheetrock was established.
Seventy-five years later, the brothers’
business has expanded into a diverse
family of specialty construction companies throughout Texas and also in Georgia and Oklahoma.
Division president John Hinson of
Marek Bros. Systems Inc. in Coppell, says
that the more things have changed technologically in the past seven-and-a-half
decades, the more things have stayed the
same philosophically within Marek’s
companies.
“We have initiated and pushed to improve every aspect of the trade,” Hinson
says. “Start with craft technology: From
hammers to screw guns, from knives to
taping tools and pumps, from paper
blueprints to digital drawings on iPads,
from 13 column pads with colored pencils to onscreen takeoffs, from faxed daily
3
CONSTRUCTION NEWS
Houston Editor . . . . . . . . . . . . . . Abby BeMent
HoustonEditor@ConstructionNews.net
713-599-1774
Ralph M.
timesheets to foreman uploading daily
time via phones – these are tools that we
have help productivity and performance.”
“But, with all the technology and improved programs changing and getting
new updates, it is still the people that
make up our company and Marek is different from anyone else in our industry
because we take care of our people,” Hinson continues. “Marek CEO Stan Marek
says, “Passion for the rights of the working man!” The three brothers were broke
when they started and could not have
made it without the workers. Yes, we
build buildings, but more importantly
Marek builds the people that build those
buildings.”
Although technology will play a part
in the celebration with social media and
other technical platforms announcing
the news, Marek’s people are the stars of
the company’s 75th anniversary.
“All of our employees will share in
promoting the anniversary; each location
has events scheduled,” Hinson explains.
“For example, San Antonio and Atlanta
will promote at their golf tournaments.
Houston’s sponsoring an open house.
DFW and Oklahoma City will promote by
sponsoring industry association events.
We also plan to focus on celebrating this
milestone with individual customers that
have been such a large part of helping us
get to this milestone.”
As for the future, Hinson says Marek’s
people are what will fuel their growth for
the next 75 years.
“Marek will continue to stand apart
from our competitors by treating our
workforce the way the original brothers
who started this company treated them
– like family.”
Headquartered in Houston, the Marek
family of companies delivers commercial
and residential specialty construction services in three states. –mjm
aco Jordan’s 77th
birthday was near,
and the CF Jordan
Construction owner decided to activate the plan
he had created with CEO
Darren Woody’s help.
“We had been talking
for some time about a
succession strategy for
the
company,”
says
Woody. “We’ve all seen
situations here in Texas
where you have 30- to 40plus year companies that
didn’t really adequately
address that issue. We
have almost 600 employees that have worked hard
for a long time and I was
determined to not let that
Jordan Foster Construction CEO Darren Woody says
situation happen. Paco
new company is “business as usual”
did not want that to happen either; he wants to see the company jobs in the Rio Grande Valley, Laredo,
continue for the next generation as well.” Midland, so we pretty much work across
With their minds in agreement, the whole platform of Texas. We have a
Woody knew the perfect person to join few jobs outside of the state, in Oklahothem in the new venture. Paul L. Foster, ma, Arkansas, Florida, but those are really
owner of Franklin Mountain JFC and ex- for existing clients for whom we folecutive chairman of Western Refining lowed. We’re primarily Texas-centric.”
Inc., was a long-standing friend of With commercial, multi-family and
Woody’s and the two often did business heavy highway/civil group divisions,
together. A structure was arranged Woody acknowledges that Jordan Foster
where Foster would become a partner in Construction is diversified in the product
the new company, Jordan Foster Con- types it offers, a definite asset for the
struction LLC, which would officially be- new company.
“We’re pretty unique in that we have
gan operations Aug. 8. All new projects would be booked under the new com- three distinct business units; some genpany, which inherited all the people, pro- eral contractors don’t live in the different
cesses, and equipment. Old jobs would worlds.”
The clients that have trusted CF Jorbe completed under CF Jordan Construc- dan over the years have been receptive
tion LLC during a brief transition period.
“I don’t think it’s a substantial to the new venture.
change,” Woody says. “We’re going to “They’ve been all very supportive,”
continue to execute our strategic plan. Woody says. “The message we have put
The one thing that is nice about our new out is that this is primarily succession
partnership is that Paul is a very smart planning. The old business stays exbusinessman; he’s been very successful. tremely well capitalized and can stand
He has a lot of relationships that he can behind all of the projects and work. The
bring
to the table and I think will play an new company has a very substantial balHouston
important part of helping us grow our ance sheet from day one. Obviously I
think our surety and other partners of
company to the next level.”
“Primarily, it’s business as usual for ours like the fact that we have a solid
us,” Woody continues. “We’re focused on plan to continue forward, and obviously,
the same key markets that we’ve been so do all of our key employees. They’ve
working on. Our primary objective is just all received it very favorably.”
Headquartered in El Paso, Jordan Fosto continue to organically grow market share in the primary markets that we’re ter Construction LLC offers services for comin. We have offices in El Paso, Austin, Dal- mercial, residential, infrastructure, concrete
las, Houston, and San Antonio. We’re and federal projects. –mjm
working throughout the state; we have
Construction News Ltd. Home Office
P.O. Box 791290 • San Antonio, Tx 78279
210-308-5800 Fax 210-308-5960
Publisher . . . . . . . . . . . . . . . . . Buddy Doebbler
Editorial/Production . . . . . . Reesa Doebbler
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
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for a Requester Form, or visit our website.
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
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© 2013 Construction News, Ltd.
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Page 4
nities here.
Over the next 10-20 years, I think
Houston is poised to be one of the most
thriving cities in the world and I’m proud
to be a part of it.
Asher Kazmann, P.E.
Locke Solutions
B
efore establishing Locke Solutions,
Asher Kazmann says he spent a decade in the industry working on
structural precast designs, quality assurance development, production management, sales management and operations
management.
“We started Locke Solutions because
saw a huge opportunity in the precast
industry in the Houston market, partly
because the thriving construction market, but mainly because we saw a lack of
customer service from the current suppliers,” Kazmann said. “We started this
company with the focus of taking care of
our customers and our employees.
“Today, Michael Luck is the vice president of sales and Hector Faccuseh specializes in custom engineered sales including precast and metal fabricated
items. Gilberto Turrubiartes and David
Ferrel manage our manufacturing operations in the plant.”
Kazmann says the company has a
crane served warehouse about a mile
from Hobby Airport.
Locke Solutions designs and manufactures precast concrete utility structures including electrical/telecommunication pull boxes, handholes, and manholes, industrial sumps, valve pits, foundations, and slabs. The company is also a
registered engineering firm and provides
custom designed structures manufactured to meet any specification requirements from aircraft loading to heavy
construction equipment loading.
Where were you raised, Asher?
I grew up in Richardson, TX near Dallas
and have lived in the Houston area since
I graduated from Texas A & M University
in College Station.
What was your first job?
I started umpiring Little League baseball games after school when I was only
12 years old. At age 14, I started refereeing soccer games on the weekends.
Did anyone in your family work in construction?
Asher Kazmann, P.E.
Not so much in construction. My dad
and my brother are both petroleum engineers. My dad’s father was a civil engineer and my mom’s father was a mechanical/electrical engineer.
Engineering
definitely runs in the family’s blood.
What did you decide to do after high
school?
I attended Texas A & M University
where I earned a degree in Structural Engineering. After college I started working
in the precast business in Houston designing concrete structures.
Did you have a job in college?
Yes, I worked as a concrete field technician for a construction materials testing
firm when I was still in college. I spent
most of my time on jobsites testing concrete and inspecting foundations.
What sparked your interest to do what
you do today?
Early on I was always amazed at how
people were able to design and build
large bridges and buildings. This is why I
pursued a degree in structural engineering and eventually started work in the
precast industry.
This technical background with engineering has always been the foundation of everything I do today. I did end up
going back to school to get my MBA from
the University of Houston which helped
pave the way for me to develop other aspects of general business from finance to
accounting to marketing to sales.
I certainly did not grow up hoping
one day I would be working with precast
concrete, but it’s definitely where I belong.
Why do you like working and living in
Houston?
Houston is a great place to work and
live because there are so many opportu-
Construction News ON LOCATION
Stepping out
L-R: Samuel Guerra, Luis Lepeda, Gabriel Rodriguez and Jose Mena are
ready to rent equipment at Mustang Rental Services. –ab
How have things progressed at your
company in recent months?
Things have gone very well for us. We
have been very fortunate to work with a
loyal group of customers and employees.
We have had several customers put
forth a lot of effort to get our name out in
the market and vouch for our credibility.
At this point, we have provided precast structures for Intercontinental Airport, the Port of Houston, Port Freeport,
San Jacinto River Authority, LyondellBasell, ExxonMobil, and Texas A&M University to name a few.
We also became certified to manufacture precast manholes for CenterPoint
Energy.
Have you hosted a company event this
year?
We’ve had a couple events this year.
We hosted an employee barbecue back
in the spring with all of the employees
and their families.
Employees brought ribs, sausage and
all the fixings. We also had an open
house event at the end of April where we
invited contractors and engineers to
come see the facility.
We had a great turnout with about 125
people attending the event throughout
the afternoon.
One of the contractors we work with
volunteered to come out and
bring their cooker. They cooked
up chicken, sausage, and brisket
along with frying up catfish.
We really enjoyed the event
and plan to do it again when the
weather cools off a little bit.
(ABC), we are able to participate on committees and network with other businesses on a weekly basis.
What advice would you give a young
person who wants run his or her own
company?
I would tell them to focus on getting
the right people around them. Nothing
makes a bigger impact on your ability to
service your customers than the employees running the business.
How do you spend your free time
these days?
A couple of years ago, I would have
said my hobbies were golf, baseball,
and traveling. My wife and I used to
get away to Mexico at least a couple
times a year. Nowadays, we do very little
traveling because we have a 2-year-old
son, Locke, and a 1-year-old daughter,
McKee. They keep us very busy and we
try to spend as much time with them as
possible.
What are your plans for the future?
Looking ahead, we are focused on
building the reputation of Locke Solutions in the Houston market.
We are being careful about growing
too quickly because we want to make
sure we maintain a high level of customer service.
I expect that we will find ourselves
with an opportunity to expand into more
facilities over the next several years as we
grow our customer base. –ab
What is your favorite part
about working in the construction industry?
The best part about what I do
today is working with our employees and the people in the
construction industry.
There’s also a lot of gratification in what we do at Locke Solutions.
Developing unique design
solutions and then building
those ideas into tangible products is incredible.
How do you stay connected to
the construction industry?
We are involved in several
organizations that support the
industry through training programs and apprenticeships.
By being active with groups
like the Associated Builders &
Contractors Houston Chapter
Submitted to Construction News
Fine dining
Mid-West Electric Co. employees
took part in a safety lunch
for 270 days without an accident
at a Houston area commercial
project in September.
L-R: Bruce, Steve, Frank and Sarah
Asher works at the crane-served warehouse
near Hobby Airport.
Golden years
Charles R. “Bob” Lawrence,
Cristacurva, a veteran glass industry
executive, is retiring after 45 years.
Lawrence currently serves as a board
member of The 100 Club and the
Houston Employees Relief
Organization (HERO). –ab
Page 5
Health care - Informed on reform:
IRS issues final rules on the
individual mandate
Five contracting mistakes and
ways to avoid them
Michael Kuchar, Shareholder
Leader of Construction Group
Doeren Mayhew
Houston, TX
Annabel M. Williams, MBA
TexCap-Concord Insurance Services, LP
Dallas, TX
I
nternal Revenue Service (IRS) offered additional guidance and final ruling for the individual mandate, and the provision of the Patient Protection and Affordable Care Act (PPACA).
The final rule for the individual mandate requires most individuals to have minimum essential coverage in 2014 or pay a penalty.
M
istakes are common in contracting,
but some are more detrimental
than others. These “don’ts” can be costly
and lead to litigation and accounting issues. Know what these mistakes are and
how to avoid them:
1. Being too aggressive when estimating the total cost to complete a
project.
When contractors aren’t conservative in estimating profits on open jobs, an
increase in underbillings could occur.
This shows passivity on the part of the
contractor in billing for costs. Avoid negative impact to your bottom line by estimating all profits and billings on projects
as early and conservatively as possible.
2. Recording unapproved and unbilled change order claims.
Although being proactive often
brings a positive outcome, being overzealous in recording change orders leads
to the opposite. With all the risks in the
construction industry, prepare a detailed
change order that discloses all financial
information before taking on additional
work to alleviate potential unwanted financial burdens. Ensure that a clear, written agreement pertaining to timing and
revenues is presented upfront for any
and all aspects of the project, and make
sure you have a signed change order before performing any work. If obtaining a
signed changed order isn’t possible, be
sure to document the parameters/terms
in an email prior to the commencement
of work.
3. Failing to prequalify the project
team.
Having a well-prepared contract is
critical to a successful construction project, and choosing the right people to
carry it out is equally important. Don’t accept a project team for face value. Establish an efficient system to evaluate project teams before the job begins. While it
may take some extra time or funds to
complete this task, it could diminish significant problems and costs in the long
run. Look for financial strength as well as
litigation history. Be sure to perform your
due diligence, and remember that it may
not be wise to always accept the lowest
bid.
4. Overlooking unreasonable contract terms.
Unreasonable contractual terms
should not be overlooked and automatically abided by. Taking the time to evaluate contract terms and whether you can
reasonably meet them will help prevent
uncompleted work and, ultimately, contract disputes. Look for unreasonable
terms such as:
Clauses requiring you to review the
contract and design documents and report errors and omissions prior to starting work, with consequences for failing
to complete this task.
Indemnity provisions that hold you
responsible for breaches of contract, personal injury or property damage, regardless of who caused the injury.
5. Failing to tailor project documentation practices.
Every project is different, and documentation should be tailored accordingly. A contractor’s standard forms may invite those involved in the job to characterize terms as “delays” or “economically
insufficient” if the terms do not particularly match their preferences. This enables contract manipulation by the project company, as documents are not in
complete compliance with standards for
contracted projects. Also, if project-specific clauses are not included, it opens
the possibility of project members taking advantage of contract terms.
These common mistakes can become uncommon by following the above
tips and ensuring accounting practices
are effective.
Michael Kuchar is a Shareholder and leader
of Doeren Mayhew’s Construction Group in
Houston. A top 100 U.S. firm, Doeren Mayhew’s CPAs and business advisors serve
more than 500 suppliers and general and
specialty contractors doing business domestically and abroad. For more information, visit www.doeren.com.
What does the final rule for the Individual Mandate confirm?
1. What qualifies as minimum essential
coverage?
There are specific coverage options
that an individual must be enrolled in so
that he or she can be considered to have
minimum essential coverage.
• An employer-sponsored group health
plan offered in a state, which is defined as
the 50 states plus the District of Columbia..
• An individual health insurance policy
offered in the individual market in a state
or through an Exchange/Marketplace in a
territory.
• A government plan such as Medicare,
Medicaid, Children’s Health Insurance
Program (CHIP), TRICARE (a U.S. Department of Defense Military Health System)
or veterans coverage
• Insured student health coverage
Self-insured student health coverage*
• Medicare Advantage plan
State high risk pool coverage*
• Coverage for non-U.S. citizens provided by another country**
• Refugee medical assistance provided
by the Administration for Children and
Families
• Coverage for AmeriCorp volunteers**
* This form of coverage is designated as
minimum essential coverage for plan/policy years beginning on or before December
31, 2014. For coverage beginning after December 31, 2014, sponsors of high risk pool
or self-funded student health coverage may
apply to be recognized as providing minimum essential coverage.
** If an individual has coverage provided to
them by another country or coverage for
AmeriCorps volunteers are no longer automatically deemed minimum essential coverage. However, individuals may apply to
have their coverage recognized as minimum essential coverage.
What was addressed as minimum essential coverage?
The final rule does not specifically address arrangements in which an employer
provides subsidies or funds on a pre-tax
arrangement (e.g., a stand-alone Health
Reimbursement Account) for employees
to purchase a plan in the individual Marketplace. Along with this, the final rule also
doesn’t address wellness incentives.
3. Who is exempt from paying the penalty?
There are certain individuals that will
qualify for an exemption from the man-
date, but these individuals seeking an exemption must do so in advance through
an application submitted to the Marketplace or after the fact through the IRS tax
filing process. The final rule has defined
the broad exemption categories:
• Individual who cannot afford coverage
• Taxpayers with income below the tax
filing threshold.
• Individuals who qualify for a hardship
exemption
• Individual who has a gap in minimum
essential coverage of less than three consecutive months in a calendar year, with
the continuous period beginning no earlier than January 1, 2014.
• Members of a religious group that objects to coverage on religious principles
• Members of health care sharing ministries
• Individuals in prison
• Individuals who are not U.S. citizens
and not lawfully present in the United
States as defined by Health and Human
Services
• U.S. citizens residing in a foreign
country who meet certain IRS tests
• Individuals who are not members of a
federally recognized Native American
tribe, but who are eligible for services
from the federal Indian Health Service
4. How will penalties be determined
and paid?
• When an individual files their 2014 tax
return in 2015, they will see the first penalty from this IRS final rule. As provided to
us by The Henry J. Kaiser Family Foundation, the penalties are:
2014: Greater of $95 per adult and $47.50
per child under age 18, maximum of $285
for a family, or 1.0% of the family income.
2015: Greater of $325 per adult, and
$162.50 per child under age 18, maximum of $975 for a family, or 2.0% of the
family income.
2016: Greater of $695 per adult, and
$347.50 per child under age 18, maximum of $2,085 for a family, or 2.5% of
family income.
After 2016, penalty amounts are set
to increase annually due to the cost of living. As a reminder, these Individual
Mandate penalties will go into effect on
January 1, 2014.
Ms. Williams can be reached at 972720-5340 or 866-715-0484 toll free, or email
AWilliams@texcap-concord.com
Productive day
Mixing it up
Driver Billie B. loads a truck at Pavecon. The company provides
paving and concrete services. –ab
Approximately 40 professionals gathered at the Brickhouse Tavern to
mingle at a Summer Networking Mixer Jul. 25. The Associated General
Contractors Houston Chapter (AGC) held the event. –ab
Page 6
Comfortably cool
Collection agencies and your
claim for payment
Joe Basham, Partner
Allensworth & Porter, LLP
Austin, TX
L
awyers who regularly represent clients in the construction business are familiar with the process of filing mechanics’ liens to secure payment rights. Those of
you in the construction business read this column regularly and see articles discussing the sometimes complicated procedures for filing liens in
Texas. What I, and I suspect many other construction lawyers did not know, however, is
that once a lien is filed, collection agencies will call the lien claimant (often a subcontractor or supplier) and say that the general contractor is in financial trouble and unless you
sign up with the collection agency immediately, you may not ever get your money. This
past month, I have seen e-mails from collection agencies to a subcontractor lien claimant saying that the general contractor is just days away from filing bankruptcy, but if you
sign up with them right now, there is a decent chance you will get your check by the end
of the week.
Interestingly, collection agencies
were also calling the general contractor
claiming to “represent” the subcontractor lien claimant and presumably trying
to collect the payment due the subcontractor claimant. In this simple payment
dispute, multiple collection agencies attempted to negotiate with both the subcontractor and the general contractor
for the same debt. However, the general
contractor was not in financial trouble,
was not prepared to file bankruptcy, and
no “creditor’s committee” had been
formed against them. The subcontractor
had not sold or assigned the debt to any
collection agency, even though collection agencies had represented that the
debt had been assigned.
Collection agencies often have
names that sound incredibly similar to a
law firms (e.g. “Dewey Cheatum &
Howe”) even though they are not law
firms. They have enough information
about the debt to sound legitimate, and
they use terms like “creditors committee” or “bankruptcy” to give the illusion
that the person you are trying to get
money from is on the verge of going under.
There are laws against unfair debt
collection: Fair Debt Collection Act
(FDCA) and the Texas Debt Collection
Act (TDCA). Although these laws would
seem to prevent unethical debt collecting behavior (claiming to represent the
claimant when they actually don’t), these
laws only apply to consumer debt, which
is typically defined as debt “primarily for
personal, family, or household purposes.” In other words, the debt owed by a
general contractor to a subcontractor
(whether for residential or commercial
construction) is not “consumer debt” and
is therefore not subject to the FDCA or
TDCA. The Texas Deceptive Trade Practices—Consumer Protection Act may
provide protections from false, misleading, or deceptive acts or practices by collection agencies in certain circumstances. Or the collection tactics may violate
common law rules against fraud and misrepresentations.
In sum, be wary of calls from collection agencies—including those that
sound like it may be a legitimate law
firm—suggesting that if you do not sign
up with them immediately, you will never
get any money, or suggesting that the
subcontractor lien claimant has sold or
assigned the debt to the collection agency for collection. General contractors attempting to close out a project and pay
off lien claims needs to know that the
subcontractor has not assigned the debt
to a collection agency. And subcontractor lien claimants need to know that the
general contractor is not on the precipice
of filing bankruptcy, because it could implicate whether the Owner/Client gets
sued to foreclose the lien claim, or whether the suit is just against the general contractor for nonpayment.
O
Franklin Alvarez likes listening to music after work
riginally from El Salvador, President and Owner Franklin Alvarez
moved to Houston to work in the
heating and air conditioning business.
Alvarez opened Wonderful Weather
A/C and Heating four years ago. He started by himself and then hired a crew to
help.
“Before I established my company, I
worked as an air conditioning and heating technician for 20 years,” Alvarez said.
“I knew one day I wanted to go out on my
own.
“We have had a good year in 2013.
We have been picking up more commercial jobs lately. We have several store
projects going on these days.”
According to Alvarez, the most rewarding part about working in his industry is finishing a job and knowing he did
his best.
“I love being able to spend time outside in the field instead of working at an
office all day long. I go to projects in
Houston, Missouri City, Katy, Richmond
and Rosenberg.
“I think the keys to success in this
business is to be honest with customers
and always do quality work. Do the best
you can every day.”
Although Alvarez doesn’t have time
for many hobbies these days, he does
like listening to music after work.
“I listen to at least 30 minutes of music a day,” he said. “It is a good way to
relax when I am driving home after I finish my job.
“I also enjoy traveling back to El Salvador when I get the chance. I spent part
of my life there so it is good to go visit
friends and family. I grew up near the
beautiful beaches in El Salvador.
“In the future, I want to continue running my company in Houston.”
Wonderful Weather A/C and Heating
provides commercial and residential heating and air conditioning installations and
service. –ab
Golden efforts
The foregoing is provided for informational purposes only and is not intended to provide legal advice or to serve
as an alternative to seeking legal counsel.
Joe Basham graduated from Texas
A&M with a degree in Construction Science
and represents parties in the construction
industry. He can be reached at jrb@aaplaw.com.
Stand up comedy
SpawGlass representatives and guests at the ribbon cutting ceremony.
A
The Balfour Beatty Houston 8th Annual Night of Comedy took place at Houston
Improv Aug. 6 and 7. Attendees had an exciting night of fun and networking. –ab
fter building in the Golden Triangle
for eight years, SpawGlass has officially opened an office in Beaumont, TX.
The company held a Greater Beaumont Chamber of Commerce ribbon cutting ceremony and open house event
Sept. 12.
Jerry Vandervoort will spearhead
the new office. Starting out in Houston,
he has worked at the company for 11
years.
“We had a great turnout of more than
fifty clients, architects and subcontractors at the event,” he said. “Everyone enjoyed sandwiches, fruit, vegetables and
refreshments.”
Vandervoort says he attends meetings with owners and architects and handles the business development on a daily
basis.
“In the past eight years we have completed over $50 million worth of work,”
he said. “We see there is a market in the
Golden Triangle for a strong general contractor.
“Expanding into the Golden Triangle
has been in our strategic plan for the past
two or three years. We decided to go
ahead and make the jump.”
Vandervoort says the office is located in downtown Beaumont near several
architects and engineering companies.
“Our location is easily accessible to
all the areas where we will be working including Beaumont, Port Arthur, Orange
and down into the Sabine Pass,” he said.
“We want to continue to grow in the
future and get our name out there. We
are also looking for good people to join
the SpawGlass team. We want to continue to work with great clients, owners and
architects.”
SpawGlass is general contractor, construction manager, design/builder and civil
contractor. –ab
Page 7
shape that I have seen since late February
or early March due to the rains and the
tidal surge from Hurricane Ingrid that
came in south of Brownsville in mid-September.
As I mentioned in the last issue, fishing exploded in August and it has continued through the press time of this column. We are seeing late migrations of
redfish coming through the bays on their
way to the gulf for the winter. What’s really surprising to me is the trout bite that
we are still seeing. Reports of trophy
speckled trout (up to the 30-inch mark)
are still reported from guides and recreational anglers south of the JFK Causeway. This is kind of shocking to hear, as
most of the time the later months of the
summer typically are slower on trout fishing. Well, what the heck do I know, except I’ll take it any way it comes.
Looking into the month of October,
look for the fish to make a transion from
larger natural baits, like croakers and piggie perch back to shrimp or soft plastics.
There will come a time when a trout may
Winding down a
mediocre year
by Capt. Steve Schultz
Sponsored by:
Premier Yamaha Boating Center, Majek
Boats, E-Z Bel Construction, Power
Pole Shallow Water Anchor, Aggregate
Haulers, Interstate Batteries, Pure Fishing,
Mirr-O-Lure and Columbia Sportswear
W
ell I can’t believe what I’m seeing as I write this column for the
October Issue. Rain has been
coming down in sheets today and is expected for the next couple of days. In
fact, since the beginning of September,
we have seen close to seven inches of
rain over parts of the Island and most of
the Laguna Madre. What a blessing to
see this much needed fresh water in our
bay system after the dismal year we’ve
had. Waters in our bays are in the best
E
Here is a picture of a 29-inch trout caught in mid-September on live piggie perch. Fish tipped
the boga just shy of 8 lbs. and was released after picture by Capt. Steve Schultz.
not even give a croaker a second glance.
One option that I’ll pursue this time of
the year is chasing schools of redfish. As I
mentioned earlier, redfish migrate to
deeper waters for the winter. These
schools can commonly be found on the
flats feeding their way toward the passes
into the gulf. If you’re luckly enough to
be able to fish early in the week, when
boat traffic and pressure are not so great,
you may be able to stay on a school of
reds for several hours. Look for large areas of nervous water with bait fish fleeing. Approach schools with your trolling
motor and try to postion your boat up
wind so that you can make long casts
into the school without spooking them.
Use a heavy jighead, like a one-fourth oz.
with a larger sized soft plastic or a onehalf oz. spoon to get the distance you
need. Often, you may experience these
fish fleeing faster than your trolling motor can keep up with, so you may have to
rely on the run and gun method, where
you run your boat into the school, shut
off the engine while your anglers cast to
fleeing fish. Takes a little practice but can
be very effective with a little luck.
October is by far my favorite month
in the Coastal Bend. Cool mornings with
warm days make it very pleasant to spend
the day on the water. I still have several
dates open for October, and don’t forget
that you can purchase gift certificates for
your holiday gifts. I can be reached by
phone at (361) 813-3716 or by e-mail at
SteveSchultzOutdoors@gmail.com. Also
please visit my website at www.steveschultzoutdoors.com for more info and
photos. Good luck and good fishing.
There she blows!
very year, Sue Johnson, production manager for a paper you might
have heard of called Construction
News, takes an adventure with her sisters, and this year they journeyed to Yellowstone National Park with a side trip to
the Grand Tetons.
After meeting up with her sisters, all
of whom are from Iowa, they took in
sights from Salt Lake City to Montana’s
share of Yellowstone. They laughed,
gaffed and photographed, and we hear
they harassed some bears and bison
along the way.
In two days, Oct. 5-6, the sisters hit the
country’s (and the world’s) first national
park from both sides, covering as much
ground as possible while staying in Cook
City, MT and then in West Yellowstone.
“I loved the sheer immensity and
rugged beauty of Yellowstone,” says
Johnson, recounting her trip highlights.
“Old Faithful was impressive just because
it blows every 90 minutes and has done
so for years. Artist Point was incredibly
beautiful. The Park Rangers were super.
You can tell they love their job. You have
to see it in person because photos just
can't do it justice.” –mp
Steam vents are everywhere, but fly fishermen still take to the river for a fresh catch.
Sue Johnson, faithful production manager,
brought a copy of good old Construction
News to meet Old Faithful.
New growth has sprung up at the feet of
trees burned in the 1988 fire that swept
through Yellowstone.
Sapphire Pool earned its name with crisp,
piercing blue water than runs deep and hot,
giving off a steady stream of steam.
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
Jenny Lake, in Grand Teton National Park,
was formed 12,000 years ago by glaciers.
Artist Point is also known as the Grand
Canyon of Yellowstone.
U.S. Coast Guard &
Texas Parks and Wildlife Licensed
Page 8
Ken Milam’s Fishing Line
Sponsored by Tropical Marine and Honda Marine
Since 1981, Ken Milam has been guiding fishing trips for striped bass on Lake Buchanan in
the Texas Hill Country,. You can hear Ken on radio on Saturday and Sunday mornings, 6-8
AM on AM 1300, The Zone – Austin, or http://www.am1300the zone.com
Fall Striper
fishing’s gonna
be good!
If you find yourself in the Hill Country on a deer hunt this year, you might
want to give some thought to adding a
half day fishing trip to your plans so you
can have yourself a fish fry around the
campfire.
A
s summer’s heat starts fading
away and the first cool fronts of
the fall start to push through, the
stripers go through a transitional phase.
They have withstood the heat, often not
feeding very well and haunted the deeper water to try and stay cool. That makes
for less fishing activity in the late summer, than during the rest of the year.
Fishing will remain good all through
the holidays too. If you have folks in for a
visit and you are looking for a way to entertain them, bring them fishing!
Now that it’s starting to cool down,
the fish are more in their comfort zone.
They can venture out and feed as they
please, and they will be hungry!
Already we are seeing signs of the
egg sacks in the female stripers beginning to start developing the eggs for
next spring’s spawning season. These
eggs will form and mature during the
winter months and require lots of nutrients for their growth. The males also
have to get into tip top shape for spawning. That means the fish will be feeding
good in the coming months.
What with football, hunting season
and the holidays, the fall fishing season
often gets overlooked. It’s a shame too,
because it can bring some of the best
fishing action of the year. We have generally good, even weather in the fall.
Cool fronts are easily predictable so they
can be avoided and we have some beautiful days in between.
Builder’s Gypsum Supply - Austin, TX
So many places for a fish to hide
publishing the industry’s news
Since we are still waiting for our
drought busting rain to come, Lake Buchanan as well as several other lakes are
still seeing the water levels fall. Buchanan is now at the second lowest water
level since the lake was built in the 1930’s.
When you couple that with the success
of the striper and hybrid striper stocking
programs in recent years, you have a
whole lot of fish becoming more and
more concentrated. Fishing will be
amazing in the coming months, and it
will probably be best for us to catch all
we can before they become overcrowded and have to face the heat next summer.
If we do get several good rains on
the watersheds for our lakes, we will have
the best conditions possible for spawning fish and stocked fish alike. Once the
water floods the overgrown lake bottoms, there will be plenty of nutrients in
the water fueling the food chain and
ample structure for feeding and spawning fish to hide in.
I’m getting excited about it! Unusual conditions should make for unusually
good fishing. Come check it out!
We vant
your
blood!
Half or Full Day Fishing Trips
Not really!
All Bait, Tackle & Equipment
Furnished
But we do want your
pumpkin and
Halloween costume photos!
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
Share your photos with our
readers. Send them to
Abby by Nov. 15:
Houstoneditor@
constructionnews.net
or call 713-599-1774
O
Page 9
Ready and able
wner Terry Bynum, Able Paving, invited suppliers on an offshore fishing trip in Galveston, TX in
late July.
Folks with Able Paving, A & E Construction Layout
and Southern Crushed Concrete met at Galveston Yacht
Basin and caught lots of kingfish during the afternoon.
The fishing guide was 3G Fishing Charters. –ab
Chris, Southern Crushed Concrete
A good day on the water!
The guys prepare to go offshore
on the fishing boat.
Terry Bynum’s big catch.
We are the champions
Pope, A & E Construction Layout
L
Off the hook
ooking forward to getting out on the water, Garlon Evans, Mid-West Electric
Co., and his son Mike went on a father and son fishing trip in Galveston in September. –ab
Joe Ryan Mathis and Jonathan Hill, The Mathis Group Inc., (center) were
among the team that won The West Bay Classic Fishing Tournament held Aug. 17.
Not only did they win “Heaviest Team Stringer”, but Hill won “Biggest Slot Red”
and Mathis won both “Biggest Trout” and “Biggest Bandit”. –ab
Garlon Evans shows off his catch of the day.
Mike and Garlon have fun on the
fishing boat.
Father and son bonding over some big fish.
Page 10
Piece by piece
L-R: Michele Patrick collaborated with a friend and fellow mosaic artist, Rachel
Stokes to complete a mosaic mural in Friendswood, TX.
M
ichele Patrick, owner of Mosaics by Michele, has always been
an artist at heart, even at an early
age. “My interest in mosaics began in
1995 when I saw someone create a mosaic on a DIY television show,” Patrick
said. “I set out to make one, fell in love
with the medium and haven’t looked
back since.
“I have owned Mosaics by Michele
for about seven years. When I started my
business, I was a single mom working a
full time job. Getting married in 2007 allowed me the opportunity to quit the
full-time job and expand my mosaic business. “The early days were spent learning
from several master mosaicists throughout the country who helped me hone my
skills.”
Patrick says she has gone from making small simple mosaics she gave away,
to making large intricate mosaic commissions. “As a result, my studio has gone from
the top of a kitchen table to a much larger space in order to accommodate large
commissions,” she said. “One of the most
memorable projects was a collaboration
with other artists to create a mosaic
headboard for a family on the popular TV
show, Extreme Makeover: Home Edition. “I enjoy making something beautiful
out of individual pieces of glass that
alone are just, well, pieces of glass. It’s
kind of like making your very own jigsaw
puzzle!”
Patrick says on the side she enjoys
spending time with her friends and family. She has four granddaughters, ages 2
months to 10 years. “I also love reading, cooking, attending art festivals/galleries and up-cycling,”
she said.
“My future plans are to continue delivering a grander vision than the client
could ever dream of, both residential and
commercial.” –ab
continued from Page 2
Doug Niznik, Niznik Concrete Contractors, observes a similar benefit to one
of his biggest events from advertising and
coverage in the paper: “The charity Fun
Shoot for the Youth Center exploded.
“I remember Buddy walking into my
office 15 years ago – didn’t know him –
and I remember telling him, ‘I’ll try it out,
Buddy, and if I like it, I’ll keep it. If I don’t, I
won’t.’ So I must have liked it, because
I’ve still got it.
“I think it kind of brought the industry together, because it was hard to keep
up with all the functions and what everybody in town’s doing. That’s what I get
out of it the most.”
The benefits are to reader and owner
alike, as Chris Christians, president of
Lynwood Building Materials, explains, “It
goes back to the difference between advertising and marketing. Advertising, you
see an immediate sale. Marketing, you
keep the name out in front of people.”
Christians remembers when Buddy
came to him with the idea: “I told him
that I get so much mail and so many magazines, I don’t need another magazine or
newspaper or anything else. And I said, if
you do it to where when I get my stack of
mail, that’s the first thing I grab, you’ll
have something that’ll work. And he did
it. It’s the first thing I grab now. I look forward to getting it. And we like Buddy and
Reesa. They do a great job. Congratulations on the 15th!”
While these supporters and many
more have made Construction News an
industry mainstay for a decade and a half
now, Buddy states, “I really can’t believe
we are celebrating our 15th birthday. We
had so many people pulling for us since
the beginning and that included associations and advertisers. I hope they also
take pride in the fact that when they receive their monthly Construction News,
they were a big part of the success
through all these years.
“We look forward to many more
years of covering the great folks in this
industry.” –mp/bd
Abby (Richardson) BeMent
Austin/Houston Editor
Since Sept. 2003
Kent Gerstner
Marketing Representative
Since June 2007
Have you appeared in ConstructionNews?
If not, Call us! 713-599-1774
Abby BeMent, Houston Editor
HoustonEditor@ConstructionNews.net
Mary Paul
San Antonio Editor - Since July 2012
Melissa Jones-Meyer
DFW Editor
Since Oct. 2008
Embracing change
Catching on quickly, Owner Joe
Santhoff, Santhoff Plumbing Co.
Inc., learns how to use an online
scheduling system at the office.
He says he used the old system for
more than 30 years. –ab
Page 11
Specialty Contractors
Forcing subcontractors to resolve
disputes in far-off jurisdictions is
bad public policy, ASA tells U.S.
Supreme Court
Marc Ramsey, Director of Communications
American Subcontractors Association
Alexandria, VA
O
n Aug. 23, 2013, the American Subcontractors Association urged the
U.S. Supreme Court to affirm an appeals
court’s decision in a case concerning
whether construction disputes should be
resolved in a local forum or, instead, subcontractors can be forced to take their
claims to a far-off jurisdiction.
ASA filed an amicus brief in Atlantic Marine Constr. Co. v. J-Crew Management, Inc.,
supporting the subcontractor, J-Crew, in
a case in which the country’s highest
court will determine whether federal
courts are required to enforce contractual forum-selection clauses or whether
judges have the right to consider other
factors, such as the overall convenience
of the parties and witnesses and the interests of justice when deciding if venue
is proper.
Out-of-state general contractors commonly require their subcontractors to
sign forum-selection and choice of law
clauses, arguing that it’s more convenient
and less expensive for them to resolve
disputes in a jurisdiction of their choice.
“The general contractor’s expediency
comes at the detriment of its subcontractors, whose places of business, records,
and personnel generally are close to the
location of the construction project,” said
ASA Chief Advocacy Officer E. Colette
Nelson. “Forum-selection clauses can
chill a subcontractor’s ability to recover
claims by imposing significant and unnecessary impediments and financial
costs to the recovery of amounts due.”
If the Supreme Court were to require
strict enforcement of such clauses, it
would undermine subcontractors’ ability
to point to state law voiding or making
voidable forum-selection clauses in construction contracts that mandate litigation or arbitration in a state other than
the state where the project is located.
The general contractor, Atlantic Marine,
hired J-Crew as a subcontractor to work
on a construction project to build a child
care facility at a military base in Fort
Hood, Texas. The subcontract contained
a forum-selection clause requiring that
Industry’s strong; more
materials workers needed
Eric Schrader, Partner
Buzz Custom Fence
Fort Worth, TX
H
ow would you describe the state of the construction industry in general terms?
It’s very strong; the demand is higher than it has
been in the past few years. We have seen a dramatic increase [in business]. Our fastest growing segment is our commercial end.
What factors do you feel are contributing to this increase?
I think confidence in the general
public is one; certainly building new
starts is another. Commercial business is
up, and you’re seeing development coming back in a strong way.
tain kinds of treated lumber and cedar
but the pricing seems to vacillate weekly,
so it’s very hard to try to get pricing
marked down. The second one is that we
have a real labor shortage; there are not
enough qualified general laborers out
there to be hired. They are just not out
there.
What is the most significant challenge
your industry faces?
Our largest challenge is two-fold.
Number one is that we have material issues; not only are there shortages in cer-
How are you addressing these challenges in your business?
We are always pursuing folks that we
think could be of use to us here. Material-
all disputes “shall be litigated in the Circuit Court for the City of Norfolk, Virginia,
or the United States District Court for the
Eastern District of Virginia, Norfolk division.”
J-Crew subcontracted much of its work
to predominantly local subcontractors
and suppliers, almost all of which were
located in the Western District of Texas in
or around Killeen, Texas, and near the
project. All of the subcontract work was
performed in Texas. When the project
was completed, almost $160,000 remained unpaid to J-Crew, even though it
had timely completed its work.
individualized, case-by-case consideration for convenience and fairness.”
Furthermore, J-Crew argued, because
project records were in Texas, there were
costs and efficiencies from having discovery in the state where the project and
principal witnesses were located.
Finally, J-Crew argued that litigating the
dispute in the Western District of Texas
was important from a policy standpoint,
citing Texas law making voidable any forum-selection clause in a construction
contract that provided for venue outside
of the state.
J-Crew sued in Texas in the federal district where the project was located. Atlantic Marine moved to dismiss or transfer the case to federal court in Virginia. JCrew argued that the U.S. Code provides
that if a lawsuit is filed in a proper venue,
the court may transfer it to another venue “for the convenience of the parties
and witnesses, in the interest of justice.”
J-Crew asserted that the trial court had to
consider interests of justice and the convenience of the parties and witnesses
when resolving disputes over venue, and
cited case law that courts must weigh in
the decision to transfer “according to the
The trial court agreed with J-Crew and
refused to dismiss the case or transfer
venue to Virginia. Atlantic Marine called
on the 5th Circuit Court of Appeals to enforce the forum-selection clause, but the
appeals court agreed with the trial court’s
reasoning. Atlantic Marine appealed to
the U.S. Supreme Court, which has granted review.
wise, we’ve increased the amount of vendors that we purchase from so that we
can not only lock down materials, but
also lock down pricing as well.
to have enough people and you have to
have enough material to get done what
needs to be done.
What are the keys to being successful in your industry?
Perseverance, and you definitely
have to have the ability to last through
the slow stages. Also, we’re a very cyclical
business so you have to be able to maintain yourself, your staff and your overhead through the colder winter cycles.
What are the major changes in your industry?
I think one of the biggest changes
has been the electronics – the gate operators, cameras, and security issues. It’s
pretty incredible with the evolutions that
have been made with technology, I guess,
with the computer industry that has
crossed over.
What is on the horizon in your industry?
I don’t think there is going to be a lot
of code or law changes, other than the
electronics on the automatic gate openers for commercial establishments; that’s
getting much more safety regulated than
it’s been in the past, and that’s going to
continue.
Over the hill, I see maintaining a very
strong demand for what we do. The challenges will always be the same: You have
Marc Ramsey is the director of communications for the American Subcontractors Association. He can be reached at (703) 6843450, Ext. 1321, or at mramsey@asa-hq.
com.
What are some of the rewards in your
industry?
Certainly there is financial gain, and
certainly a big reward is the development
of our people here; as we grow, we’re
able to move people up. It’s very rewarding to see someone who started [working] at a warehouse end up managing.
That’s rewarding – to see the people development.
Headquartered in Fort Worth, Buzz Custom
Fence builds and installs commercial/
industrial fencing and automatic gates
and operators. –mjm
NEXT MONTH
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Page 12
Industry FOLKS
Ryan Schoultz
Salesman
Johnson Supply
B
efore Ryan Schoultz relocated to
the Johnson Supply Spring, TX location, he worked at the Huntsville, TX
store for six years.
“I have worked at this location for
a year,” Schoultz said. “I bought a
house in Spring, TX so it was nice I
could transfer to this part of town.
“I became interested in working in
the HVAC supply business because I
wanted a steady 8am to 5pm job.
“I worked in security and in the
offshore business in the past, so I knew
I wanted to do something different. I
am really enjoying learning something
new every day at Johnson Supply.”
Today, Schoultz answer phones
and helps customers find the HVAC
supplies they need on a daily basis.
“My favorite part of my job today
is interacting with customers and I like
the hours I get to work,” he said.
“I have met so many characters
over the years. I also enjoy the counter
day events we host once or twice a
year. We grill hamburgers and hot
dogs on the barbecue pit. Vendors will
attend the event, set up their booths
and demonstrate products during the
afternoon.
“If a young person wants to work
in the HVAC supply business, I would
say start in the warehouse and learn
about the different parts and supplies.
Then work your way up.
“I think it is also beneficial to have
experience working as a technician
because it is an easier transition to
move into HVAC supply sales.”
Raised in New Caney, TX, Schoultz
attended Conroe High School. He says
he played the trumpet on the high
school band for a little while and then
he decided to focus on playing the
guitar.
“I played the guitar in a band with
my buddies back in the day,” he said. “I
used to have longer hair. We played
heavy metal music.
“My favorite heavy metal band today is Iron Maiden. I never miss show
when the band plays in Houston area.
I go to a show at least once a year.
“The most recent Iron Maiden
concert I saw was at a venue in The
Woodlands, TX. My friends and I had a
great time at the show.”
Schoultz says he still gets together
with his friends and plays the guitar for
fun on the weekends.
“We don’t have a band at the moment,” he said. “We just love the music.” –ab
Who’s your
favorite athlete?
I am a big Houston Rockets fan. I like
James Harden these days. He was a first
time All-Star during his first season with
the Rockets.
Jason Kwak, K-1 Tools Co. Inc.
Troy Aikman is my all time favorite athlete. He used to play for the Dallas Cowboys. I am definitely a true Dallas Cowboys fan.
Rick Beard, M & E Electric Inc.
My three children are my favorite athletes. They all play select baseball after
school and on the weekends. I attend
their games and cheer them in the
stands. Most of their games take place in
the Houston area.
Diana Cortinas, Sparkling Doors
I really liked Emmitt Smith when he
played on the Dallas Cowboys. He was so
fast!
Sandra Garza
The Villa Drywall & Paint Supply
My favorite athlete is Tom Glavines. He
plays on the Atlanta Braves baseball
team. I have been an Atlanta Braves
baseball fan for a long time.
Jorge Vazquez
Bravo U-Bolts & Fasteners
I always liked Hakeem Olajuwon when he
played on the Houston Rockets. He was
fun to watch on the court.
Mike Fitzpatrick, Northwest Fastener
I’d have to say my favorite athlete of all
time is Diego Reyes, a famous soccer
player. I have never seen him play soccer
in person at a stadium but I have seen
him play on television. He is really good.
Jesus Sanchez, MJ Construction
I like Duane Brown on the Houston Texans football team. I hope they have a
good season this year.
Juan Jose Gomez, Mulch & More
Right now, my favorite athlete is J.J. Watt
on the Houston Texans. My family and I
got see a game at Reliant Stadium at least
one a year. I am hoping to come across
some tickets soon!
Chris Burke
Southern Comfort Insulation
My favorite athletes are the entire starting lineup for the Houston Texans. I can’t
wait to see how they do this season!
Nick Chumchal, Atlas Architectural
Metals Inc.
I like J.J. Watt, a football player on the
Houston Texans team. I look forward to
watching all the games with my family
and friends this season.
John Alvarez, Diamond Electric Inc.
I have been a St. Louis Cardinals fan as
long as I can remember. I always liked
Ozzie Smith growing up. I watch the Cardinals play here in Houston when they
play the Houston Astros at Minute Maid
Park.
Matt Zetlmeisl, ICF Constructors
Eli Manning is currently my favorite athlete. He plays for the New York Giants. I
have been a New York Giants fan since I
was a kid!
Roger Pace, Moore Supply Co.
My favorite athlete is Brian Cushing on
the Houston Texans. His is the inside linebacker.
Michael Evans
Advantage Forklift Supply
Page 13
continued from Page 1 —Expansion mode
“Family time is important to me. My
wife Kristen and I have a son named Will,
3 and we are expecting a daughter on
Dec. 18. We are naming our daughter,
Brooklyn. My son Will likes to come to
the office with me every now and then.”
When the time is right, Briggs says he
would like to open an office in Austin, TX
and eventually expand to the Dallas, TX
area.
“One of the main reasons I started
Women of Region 7 shine
the company in Spring, TX was to stay
close to home,” he said. “Many of the
guys grew up in the area and this is where
their friends and family live.
“We definitely want to stay in Texas.
In addition, we are hiring a few military
veterans in the near future.”
Johnson Roofing and General Contracting specializes in residential and commercial roofing and general contracting
services. –ab
continued from Page 1 —Work hard, play hard
“I have an intense passion for traveling,” Hirschheim said. “I like to travel domestically, but even more so internationally! One of my bucket list items is to
visit all seven continents.
“James Brooks, PE, LEED AP, project
manager, spends his free time at his property west of Houston and has begun the
process of building his own vineyard.
“Sohban Khan, PhD ABD, PE, SE, senior engineer, has a masterpiece in his
backyard. His garden is full of fruits, vegetables and other organic cooking ingredients.
“Jim Warner, PE, director of operations, mentors and coaches a youth lacrosse team.
“Raquel Guillen, senior technician,
hand makes one-of-a-kind jewelry in her
spare time.
“When Geoffrey Raasch, design engineer, is away from the office he is an
avid skateboarder.”
According to Hirschheim, the Houston office has participated in co-ed soft-
ball leagues in the past.
“We enjoy team outings about twice
a year,” she said. “We have a very unique
way of celebrating birthdays around here
– they involve not only cake and camaraderie, but incredibly humorous trivia
competitions.
“In addition, another game we like
to play here at Walker is an activity that
became famous from the Flickr/Yahoo!
offices a number of years ago, known as
“Faceball”.
“The concept of this game is comical
and simple: Opponents sit 10 ft. apart,
and one player throws balls at the other
until the thrower misses, at which point
the other player gets his/her turn.
“A game consists of such rounds,
where the final score is the number of
successful hits scored by a player on his
or her opponent.”
Walker Parking Consultants|Walker
Restoration provides a full range of parking
consulting, design, engineering and general restoration services. –ab
All the members of Region 7 wore t-shirts with the names of all eight chapters
in the region forming the logo to show unity.
T
he National Association of Women
in Construction (NAWIC) held its
58th Annual Meeting and Educational Conference Aug. 28-31 at the Hyatt
Regency in Bellevue, WA.
The conference’s beautiful locale offered a chance for members to go sightseeing as well as congregate to address
association business and educational opportunities, including LEED and CPR programs.
The event kicked off with a Denim
and Diamonds-themed reception on
Wednesday night, and the meeting began next day with a warm welcome from
continued from Page 1 —Right on schedule
“This project is LEED Silver with a
mechanical and electrical system that is
controlled by a computerized Building
Automation System.
“The mechanical system includes air
handling units, VAV Boxes for air distribution, and electric re-heat elements on
every floor. This mechanical system is
driven by two 520-ton chillers and two
cross-flow cooling towers located in the
roof top penthouse.
“The electrical system is fed via an
8000 amp underground service from the
local utility provider. The service is fed to
two 4000-amp main switch boards and
distributed through the building using a
vertical bus duct. The lighting on all of
the floors communicates directly with
the computerized Building Automation
System to help limit the future consumption of power. The building was designed
with a fire sprinkler system on all floors
and has the latest fire alarm, security, and
access control systems.
“Vertical access through the building
is achieved through the use of five passenger cars and one service car in the
building and two passenger cars in the
precast garage. The building has a 6” domestic water/fire line serving both the
building and the garage. The building
has a 4,000 gallon split (2,000 gallon domestic/2,000 gallon fire service) surge
tank and the precast garage has a 3,000
gallon fire service surge tank.”
Thomas says the primary construction materials used included cast-in-place
concrete structure, precast and glass curtain wall exterior skin.
“One major challenge of this project
was the tight schedule,” he said. “Anslow
Bryant’s LEAN Construction practices and
the experience of the team’s project
managers and superintendents kept this
project on schedule. Upon project award,
we immediately met with the design
team to review the general project approach and schedule.
“We also utilized this time to identify
constructability issues as well as identifying the project critical path. These meetings continued throughout the duration
of the construction process. This process
also allowed us to release long lead items
prior to completion of design phase.
tion process to move very effectively and
efficiently. Issues are addressed immediately so the construction process does
not slow down.”
Established in 1995 by Jim Anslow
and James Bryant, Anslow Bryant Construction is a general contactor and construction manager at risk and provides design build, program management and
general construction services.
The company specializes in office
buildings, corporate interiors, parking garages, pedestrian bridges, hospitality,
healthcare, retail, multi-family, medical interiors, condominiums, offices/warehouses
and education projects. –ab
“As we developed the construction
schedule, we encouraged the participation in this process of our major subcontractors to build and “take ownership” of
the baseline schedule. For the duration
of the project, updated schedules were
produced and reviewed at the weekly
subcontractor meetings.
“This provided an open forum that
encouraged cooperation and coordination between all trades. In addition, we
involved the subcontractors’ foremen in
the diligent monitoring of critical schedule items.
“The entire team knew immediately
if one trade or crew was falling behind
because the schedule was built around
“packets” of tasks with 3 to 5 day durations. If a potential delay was identified
we re-sequenced activities with a “recovery schedule” to rectify the potential delay in order to preserve the integrity of
the original schedule.”
Thomas says although the schedule
was a major challenge of this project, it
was also a unique aspect of the project.
“Because of the LEAN Construction
practices used by Anslow Bryant, the
project went from start of construction
to CO in one year and two weeks,” he
said. “In addition, as a part of the LEED
initiative and the client’s concern for the
environment, a green roof was added to
the top of the executive parking garage.
“The Design-Build relationship used
for this project allows the fast construc-
Key Professional Team:
Project Managers: Jason Templeton and
Austin Shaw
Superintendents: Jeff Walden, Charlie
Kaiser, Carlos Echeveria and Terry
Blanchard
Design Team: Morris Architects
Structural: Haynes Whaley
MEP: CHPA
Landscape: Kudela & Weinheimer
Civil: WGA
the mayor of Bellevue, Conrad Lee.
Keynote speakers included Dawnna
St. Louis, who spoke about the self-imposed nature of the glass ceiling in her
speech, “Audacious Acts of Successful
Women,” and Jim Roberts, president and
CEO of Granite Construction, who gave a
report on the industry as well as the present and projected state of the market.
At Friday’s Installation Luncheon,
Judy DeWeese ended her time as the immediate past president, and Jennifer
Swinney stepped into her elected role of
Region 7 director. Swinney will now oversee all of the Texas NAWIC chapters as
well as one in Tulsa. Sandy Field, also a
Region 7 member, was installed as president-elect with Riki Lovejoy taking up
the position of vice president.
Seminars and professional education
opportunity sessions were offered on Saturday, the last day of the conference, with a
40th birthday celebration of the NAWIC Education Foundation (NEF) the night before.
On the last night, at the awards gala,
Region 7 won for Women in Construction
Week Best Region Participation & Recap.
–mp
Houston’s Sandy Field was installed as the
national president elect.
Page 14
Thrill of the grill
F
riends in the Houston construction
industry networked and relaxed at
the 2013 BBQ Cook-off held at the
Bayou City Event Center Sept. 6. Folks
enjoyed a barbecue competition, a gun
raffle and live music. The Associated
Builders and Contractors Greater Houston Chapter (ABC) hosted the event. –ab
Association Calendar
Content submitted by Associations to Construction News
ABC
Associated Builders & Contractors
Oct. 2: HealthCare Reform: January 1st
Compliance
Oct. 8: ABC/OSHA Global Harmonizing
Seminar
Oct. 10: Women Contractors Association: Honor our Elected Officials event
Oct. 16: Contracting with Local Public
Entities
Oct. 17: Geotechnical Considerations
Seminar
Oct. 21: Fall Golf Tournament
Oct. 24: Excellence in Construction
Awards Dinner
For more information call 713-523-6222
AGC
Associated General Contractors
Oct. 1: Champions Academy
Oct. 2: Membership Committee meeting, 9am, Conference Call
Oct. 4: Fishing Tournament, 6am
Oct. 7: Construction Career Collaborative Golf Tournament, 11am, Northgate
Country Club
Oct. 9: Board of Directors meeting, 9am,
Marek Brothers Systems
Oct. 17: BPI Session, 11am & General
Lunch meeting, 11:30am, Turning Your
Skilled Employees into Leaders
Oct. 22: Safety Committee meeting,
10am & Marketing to GCs Committee
meeting, 1pm, Marek Brothers Systems
Oct. 28: ASA Champions Academy
Oct. 30: Contract Language Seminar,
9am, Andrews Myers PC
For more information call 281- 679-1877
AIA
American Institute of Architects
Did you
know?
ASA
American Subcontractors Association
Oct. 1-3: OSHA 3110 Fall Protection
Oct. 1-4: Introduction to Environmental
Compliance & Management
Oct. 3: 1st Thursday Monthly Mixer
Oct. 3-31: OSHA 30 Hour Course
Oct. 4: Texas Sales and Use Taxes for Contractors
Oct. 7: OSHA 6000 Collateral Duty for Other Federal Agency; C3 Golf Tournament
Oct. 7-11: OSHA 511 Standards for General Industry
Oct. 7-16: Introduction to Construction
Plans & Documents
Oct. 11: Certification of Management –
BIM Credentialing Exam
Oct. 15: BIM Unit 2: Technology 2nd Edition
Oct. 15-18: Safety, Health & Environmental Risk Management
Oct. 18: Texas Lien Laws
Oct. 21: Hazard Communication Global
Harmonization System
Oct. 22: Raising Safety Awareness in
Construction
Oct. 22-24: SH 200 Trainer Course for H25
Oct. 22-25: OSHA 2015: Hazardous Materials
Oct. 25: Advanced Lien & Payment Seminar
Oct. 29-31: OSHA 7505 Introduction to
Accident Investigation
Over 153,000 people could
be seeing your ad . . .
Advertising in
Construction News works!
Architects & RDA Fall Lecture Series
Oct. 10: Full Day CE Opportunity & Annual Meeting & Affiliate Appreciation Party
Oct. 11: ArCh Walking Tour
Oct. 16: Houston Bayous in the Works:
Greenways 2020 & Buffalo Bayou & RDA
Fall Lecture Series
Oct. 19: ArCH Walking Tour
Oct. 24: Texas Accessibility Visually Explained
Oct. 25: Galveston Historical Foundation – Rising Damp Symposium
Oct. 26-27: AIA Houston Home Tour
Oct. 30: Connect Dinner
Oct. 2: Urban Design Committee meeting & RDA Fall Lecture Series
Oct. 3: Collaborations: The Work of Kendall/Heaton Associates
Oct. 4: A.R.E. Building Systems Seminar
Oct. 5: ArCH Walking Tour
Oct. 7: Save the Done Coalition Presentation
Oct. 8: Building Systems Vignette Workshop
Oct. 9: Historic Resources Committee
meeting & Firm Presence: Ziegler Cooper
FPA
Foundation Performance Assn.
Oct. 9: Presentation, 4:30pm, Post-Tension Slab Design, Speaker: Dean Read,
GTK
For info: www.foundationperformance.
org
MCA
Mechanical Contractors Association
Oct. 6-8: South Texas Dove Hunt, La
Bandera Ranch, Carrizo Springs, TX
Oct. 13-14: MSCA Annual Conference,
Boca Raton Resort, Boca Raton, FL
Oct. 25: Golf Invitational
NAWIC
Nat’l Assn. of Women in Construction
Oct. 8: Monthly meeting
For info: www.NAWIC-Houston.org
NECA
National Electrical Contractor Assn.
Oct. 8: Houston JATC meeting
Oct. 10: Coastal Sabine Division meeting
(SWHBF)
Oct. 12-15: NECA Convention and Trade
Show
Oct. 22: Houston Division meeting w/
Affiliates
Oct. 30: NECA Seminar “Getting Paid”
PHCC
Plumbing-Heating-Cooling Contractors
Oct. 9: Member Lunch, Saltgrass Steakhouse
For more info: www.gulfcoastphcc.org
WCA
Women Contractors Association
Oct. 10: Honor our Elected Officials
event
Oct. 16: Executive Board meeting
Oct. 23: Board meeting
For info: www.womencontractors.org
Page 15
Exact excavation
T
Ensuring safety
Attendees mingle with friends in the industry.
exas 811 hosted an Annual Appreciation Barbecue in August to say thanks to
contractors who make jobsites safer. The event took place at a community center in the Heights area.
Participating companies included Ditch Witch of Houston, DJ Services, Centerpoint Energy, Digco, Green Equipment Co., Lansdowne Moody, Safe Site Line Locating, Shell Pipeline and USIC Line Locating. –ab
Robin Womack, Ditch Witch of Houston
The EK Life Safety Consulting LLC and EKLS Firestopping & Construction team at a Greater
Heights Chamber of Commerce ribbon cutting.
B
efore he started EK Life Safety
Consulting LLC, President and CEO
Eric Kellen worked for the Texas
Department of Aging and Disability Services (DADS).
Kellen has more than 20 years experience in surveying, engineering, project
management and training. Kellen also
owns EKLS Firestopping & Construction
(EKLS).
The company provides both
commercial and residential construction
services.
Clinton Redfern joined EKLS in 2011
and serves as the vice president and chief
financial officer.
“We realized there was a need in the
Houston area to have a quality firestopping and construction company,” Redfern said.
“Over the last year, we have been
picking up more projects. We are working our way to becoming a general contractor. Our goal for late 2013 and early
2014 is to offer design build services.”
Redfern says the company has
events twice a year. Employees go out to
eat at a restaurant and also enjoy a picnic
at a local park in the Heights area.
Aside from work, Redfern says he
spends time with his family and niece,
Brooklyn, and is an avid traveler, foodie
and is active in the Houston art's community.
Casey DeVore handles the marketing, sales and project management at
the company. He goes to jobsites several
times a week.
On the side, DeVore says he likes going running in his neighborhood after
work and on the weekends.
EK Life Safety Consulting provides life
safety consulting services. EKLS Firestopping & Construction provides remodeling
and new construction services in the Houston area. –ab
Celebrating 15 Years in the Industry
San Antonio
Austin
Houston
CONSTRUCTION
Dallas/Fort Worth
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The Industry’s Newspaper
www.ConstructionNews.net
Advertising @ ConstructionNews.net
210-308-5800
South Texas
Page 16
Finding the right climate
Moving on up
L-R: Employees Bert Tuttle, Gregory Dixon and Will Ammons, unload furniture
for the Kenmore Electric Co. new office in Spring, TX. –ab
L-R: Justin Pierce and Cory Malak
O
wner Cory Malak and his helper
Justin Pierce work together on a
daily basis at Climate Services of
The Hoar Construction crew begins demolition work to create a new
public plaza at GreenStreet in downtown Houston. –ab
Texas.
“I purchased the company six years
ago from the previous owner,” Malak
said. “During that time, I taught classes at
a local college.”
Nowadays Malak says he is the only
technician at the company and he also
oversees the install crew on the jobs.
“I love what I do today,” Malak said.
“My favorite part of my job is meeting
new people every day.
“I think we have stayed in business all
these years by putting in a lot of hours
and working hard every day. We usually
start at 6:30am and finish around 9:30pm
or 10pm.”
Malak says his best piece of advice
for someone who wants to own an air
conditioning company is to take classes
at school, study hard and get work experience in the field.
“This is a great industry,” he said. “I
wouldn’t want to be doing anything else
for a living.”
Aside from work, Malak says he enjoys going to the gym for exercise and
power lifting after work and on the weekends.
“Justin and I are both Houston Texans fans,” he said. “We like to go to the
games at Reliant Stadium every now and
then.
“Most of the time, we watch the football games on television, Hopefully we
will attend a few games this season.”
Looking ahead, Malak says he wants
to keep running his company in Spring,
TX for years to come.
“We travel for jobs all over the Houston area,” he said. “I look forward to ending the year strong. I want to continue
doing what we do best.”
Climate Services of Texas provides
commercial and residential air conditioning installations and service. –ab
Electric times
Owner Darryl Dempsey, Brian Dempsey and Travis Smith, Circle D Electric,
are working hard in a productive week in September. –ab
On the road again
Construction News caught Technician Jimmy Jones, All American Mechanical,
on his way to pick up HVAC supplies in Spring, TX. –ab

October - Construction News

Transcription

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