Dallas Construction News February 2013 Issue

Covering the Industrys News
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www.constructionnews.net (210) 308-5800 Volume 11 Number 2 FEBRUARY 2013
The Industrys Newspaper
A mecca in McKinney
Family rst for 35 years
The team at North American Masonry and Stucco Supply stands in front of a pair of new trucks that will allow the company to deliver materials to the construction site.
he new North American Masonry and Stucco Supply store in McKinney is open for business, and will celebrate its ceremonial grand opening with a week-long event that begins Feb. 18. The new store on Throckmorton Street in McKinney, which is owned by parent company Unied Materials Group, promises to be a neat experience for construction professionals in need of masonry supplies, owner Steve Tucker said. The stores ofcial grand opening comes on the heels of the 15th anniversary of the company that now bears the Unied Materials name.
Were really excited about it, said Tucker. We were able to purchase a 30acre tract of land in McKinneys historic district. Its going to be quite high tech. The store will boast a large showroom, and the driveway up to the store will have a toll tag type system. Well tell them to drive up or go park depending on their account status, Tucker said. And, it will be a 20-minute load time or less. Our goal is to get these guys back to their job sites as quickly as possible. The showrooms regular inventory will include concrete products, countertop supplies, masonry tools and various continued on Page 14
L-R: The Board of Directors of Humphrey & Associates Inc. includes Randy Humphrey, Exec VP-Operations; Jackie Humphrey, Exec VP-PR; Steve Humphrey Sr., CEO/President, and Steve Humphrey Jr., Exec VP-Business Development/Construction.
elebrating the 35th anniversary of Humphrey & Associates has denitely been a family affair, with the denition of family expanding to include not only one generation of employees to work for the Humphreys, but three! But then again, Humphrey & Associates has always been about family. In 1977, husband-and-wife team Steve and Jackie Humphrey opened in Dallas what began as an electrical contractor business. A then-teenage Stephen Jr., who now serves as executive vice-president of eld and technical support, was on hand to help Mom and Dad, and, in 1983 and 1989 respectively, their younger son
Randy, who now serves as executive vice president of operations and loss prevention services. Their daughter, Leah, who has also worked for H&A in earlier years, since retired to raise her three of the total eleven Humphrey grandchildren, two of which have become summer/college employees. Along with adding family, the company grew in size as well, adding a mechanical group in 1994. Employees and customers, whom the Humphreys also consider to be like family, enjoy the company-hosted picnics, shing and hunting trips. Humphrey & Associates also sponsors annual clay shoots such as The Broken Clay which continued on Page 14
Church becomes school
ouve heard stories about making what seems impossible come to fruition in a short timeframe. How about turning a church into a charter school in less than three months? Thats what McCune Construction recently did when it converted two buildings purchased from the local Catholic Diocese into 28,000 sf. of space that is now being used by Trinity Basin Preparatorys Fort Worth Campus. The project cost was $1.4 million and was completed just in time for the 2012 school year to start. Most of the interior walls were completely demolished, said McCune Construction owner Bobby McCune, who also served as project manager. The new walls were then constructed and prepared to house 18 classrooms, with two multipurpose rooms and cafeterias, a library and a computer classroom for students pre-K through second grade.
One building also holds principal ofces and admin ofces for school personnel. Both buildings received new re alarm and re sprinkler systems, and the new classrooms were constructed to be larger than your average classroom, McCune noted. Project superintendent was Bob Grumbling, and architect was David McCord Architects. Completing asbestos abatement in a short time frame proved a difcult obstacle, but was not insurmountable, McCune recalled. One of the major challenges we had to go through was asbestos abatement of one of the buildings, he said. This set us back about four weeks, but we were determined to nish so that students could move in.
The new Trinity Basin Preparatory includes a colorful playground well-suited for students in grades pre-K through third.
continued on Page 14
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Dallas/Fort Worth Construction News Feb 2013
Keeping their memories alive
The Beneath the Flag image is a mosaic of photos of men and women of the Armed Forces who died in service to their country.
hen you see a story on the news so often there are parents and family about a fallen soldier, are you members out there who have lost a loved left wanting to know more one, and we dont realize that we could about that person who made the ulti- be standing next to them in line at the mate sacrice for our coungrocery store or sitting next try? Who were these individto them at a restaurant and uals? What were their pasnot have any idea that these sions and interests? How do people have sacriced so their families remember much, explains Hatton. This them? project is as much to honor Questions such as these the individuals who have sacmotivated Rob Hatton to iniriced on the battleeld as tiate the Beneath the Flag well as their families and their project, a book series and loved ones. documentary lm as well as While support from mema website and Facebook bers of the military has been Rob Hatton is compiling page. These avenues allow extremely strong, Hatton the stories of fallen the stories of men and womsays he will start with one combat soldiers into a series of books and a en of our Armed Forces that book and gauge the redocumentary lm. were lost in combat to be sponse. told more intimately through the memoSince all the books are being printed ries and photographs of their loved ones. here in the U.S., the signicant cost of When Hatton learned the story of printing will be a factor in continuing the Marine Lance Cpl. Luke Holler, a San An- series. tonio resident killed in action in Iraq in But, Hatton assures, We have the exNovember 2006, through his family, perience to understand what it takes to friends, and brothers-in-arms, Hatton pull something of this magnitude off and knew that experience established a per- do it effectively and successfully. sonal connection beyond that of name, Since the age of 17, Hatton has run rank, and serial number. his own business in one form or another, Starting with the launch of the rst working in the elds of marketing, pubBeneath the Flag coffee table book in Fall lishing, and design all skills he is apply2013, Hatton will be giving our fallen he- ing to ensure the projects physical maniroes depth and dimension that tran- festations in print and on video. scends the eeting coverage of an eveMeanwhile, Hatton continues to call ning news clip. upon those who have lost someone in We just want people to know that Iraq or Afghanistan to share their stories so the project can include as many of our nations lost warriors as possible. For more information or to contribute to the Beneath the Flag project, call Rob Hatton at 210-849-9786 or e-mail him at rob@beneaththeag.com. mp
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(A)wards (I)n (A)rchitecture
O
Young Professional Award Joey Mejia L-R: Joey Mejia and Bart Shaw
verheard at the party: One nice thing about this being the 2012 awards is that this means the projects are ofcially nished! True, all of the projects presented at the Excellence in Architecture Design Awards, hosted by the American Institute of Architectures (AIA) Fort Worth chapter, were ofcially complete. In fact, the Ben Hogan Learning Center in Fort Worth, which won a design award, was so nished it was chosen as the site for the event. mjm
James Wooten Service Award Sandra Dennehy L-R: Bart Shaw and Sandra Dennehy
Design Award St. Peters Roman Catholic Church, Arthur Weinman Architects L-R: Arthur Weinman and Kevin Romigh
Community Award 360 West L-R: Jerry Scott and Bart Shaw
Design Award Shoe Spine, Bart Shaw Architect L-R: Bart Shaw and Kevin Romigh
Honorary Membership Martha Peters L-R: Martha Peters and Bart Shaw
Presidents Award Paul Dennehy L-R: Bart Shaw and Paul Dennehy
Design Award Levitt Pavillion for the Performing Arts at Founders Plaza, Bennett Benner Pettit Architects + Planners L-R: Amanda Schulte, Mark Dabney, Jack Romigh
Design Award iProspect, Fort Worth Ofce, VLK Architects L-R: Brain Harlan, Joey Mejia, Chris Ortiz, Jack Romigh
Design Award Tethering, Bart Shaw and Norman Ward L-R: Norman Ward, Bart Shaw, Kevin Romigh
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DFWeditor@ConstructionNews.net 210-308-5800 Construction News Ltd. Home Ofce P.O. Box 791290 San Antonio, Tx 78279 210-308-5800 Fax 210-308-5960 www.constructionnews.net Design Award Ben Hogan Learning Center for the First Tee of Fort Worth, DMS Architects L-R: Patrick Anderson, Max Falls, Harold Muckleroy, Jack Romigh, Stephen Darrow, Kevin Long Sustainability Award, Fort Worth ISD L-R: FWISD Superintendent Walter Dansby, Judy Needham and Bart Shaw
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The Dallas Fort Worth Construction News (ISSN 1547-7657) is published monthly by Construction News Ltd., dba Dallas/Fort Worth Construction News, and distributed by mail to construction related companies in the Dallas/ Fort Worth metropolitan area. All submissions should be mailed to our editorial ofces. 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 Dallas Fort Worth 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. 2013 Construction News, Ltd.
Page 4
Elizabeth Ponce,
President
It sounds like you left with a great deal of industry experience, though. It was the most hands-on experience, those two years. I appreciate all of the knowledge gained, and I was also inIf there were a college degree for tenacity, Elizabeth Ponce would have earned it. troduced me to the [now Regional] Hisfew years ago, Elizabeth Ponce ar- panic Contractors Association. I would go In 2009, I also established Zion Con- day, and all I did was clean. I cleaned my rived at an important meeting for and do some of the marketing. I got to tractors. During that time, I was already cabinets, washed everything in my home, a potential contract. Seated in the know a lot of people. I would take classes on the board of the Hispanic Contractors and ironed all of my clothes. I could have conference room were educated men, with the HCA and I met some key people Association. I was also going to school traveled, but I didnt. It was wonderful! their hands folded expectantly on top of like Chris Escobedo and John H. Marti- because I wanted to graduate, so I had Organizing my pantry is awesome! impressive portfolios. She couldnt help nez-D who are very inuential in my life several things going on. but notice the college rings anchored on that gave me the opportunity to move Is there anything that you have done their ngers and felt a surge of intimida- forward. They werent hiring but they en- You were determined to take those recently besides cleaning that would tion, even though she was the president couraged me to start my own business, math classes, after a full day of work, also qualify as fun? of two companies. How could Ponce a and what did I have to lose? serving on the HCA board and being a Everything I have ever wanted to do, petite young woman, who started her A few months single mom? or anything that crosses my mind to do, I journey as a teen mom, who was still later, I started a busiYes, and it was very just go out and do it. Have you ever seen From May to December of our striving to earn her degree while raising ness with $5,000 hard! To this day, I the movie The Bucket List? I did, and rst year, our revenues were her kids and growing her businesses that I had in savings. $54,000. By the end of 2005 our still havent nished decided to create a list. I put skydiving on hold her own? that degree. I un- the list, and then I thought, What am I revenues were just under $1 Then the men began to ask Ponce That was a big risk. million, and just kept going up derstand [the appli- waiting for? I did it that weekend. If I questions and she realized these men What challenges cation of math] in come across anything I want to accomand up. needed her knowledge which, coupled did you face in the my business but plish, I just go for it, whether I can do it or with her drive to succeed, gave her an ad- beginning? when Im given for- cant do it, or if I fail or I dont fail. vantage in life no degree could match. It was really hard in the beginning to mulas in my classes Recently, one of my supervisors came have people trust me. In the construction to see me and noticed a plaque hanging Elizabeth, at 31 years old you are industry, its really hard to break down How did you balance being a mother on my wall and said, You were a basketyounger than the business owners I doors, and you have to demonstrate that to two young children as you were ball coach this year? and I said, You usually interview. How did you come you are capable of doing anything. Being running two businesses? know what? I was! I was a coach for my to own not one but two businesses at a small business is hard. Being a woman is Balancing everything was really sons basketball team. I still wonder, How your age? even harder. Being a young person I hard. You can only split yourself so many did I do that? I have the RHCA chairmanWhen I started my junior year of high was 24 at the time is hard. Not having [a ways. Its like the last eight years of my life ship, I have both companies, and I was still school, I found out I was pregnant. I was college degree] can be a barrier. have just ashed. a coach? I dont know where I nd the 17. The chances of But the DepartIm 31, and through that whole pro- energy. Its just an adrenaline that I have. someone staying in ment of Transporta- cess I never felt I had accomplished anyIt was really hard in the school after getting tion in Dallas was thing because I hadnt nished my col- What are your future plans? beginning to have people pregnant were very very open to meet- lege degree, I was a mother at a young I was recently asked where I see my trust me. In the construction low, so it was suging with me. A cou- age and the businesses were not billion businesses in the next 10 years. To be industry, its really hard to break gested that I go to ple of months later, dollar businesses. honest, I didnt know. This market can go down doors, and you have to day school and night they called me beup and down so quickly. Back in 2004 demonstrate that you are capable school. During the cause there was a Are your priorities the same now at when I was establishing my business, I of doing anything. day I would work on leak in the hallway age 31? would never have known that I was going my junior year and with some plaster Now, with my to do a venture at night I was doing my senior year. I had coming down, maybe 500 square feet. family, I feel that my Everything I have ever wanted to with a billion dollar my daughter, Cassandra, that April. It was Three of us went to clean it up so that it kids know how hard company. Maybe do, or anything that crosses my a struggle but I was able to graduate in could be restored the next day. We were I work. Every day, I mind to do, I just go out and do it. Ill have a billion May, a year early. paid $800 for our rst job, but after that, drop them off and dollar company 10 One of my things was just to never the most amazing thing happened, be- pick them up at years from now. I give up, just always push forward and do cause every time I was asked for a refer- school, and the time between 5:30and 8 cant tell you where Im going to be, but I whatever I could do to succeed. That ence or had to submit a bid, I would say I when they go to bed is just for us. I cook can tell you that I have a reputation to June, I started to go to Easteld College. I did a job for TXDOT. every single night, and I get them to help maintain. Ive maintained it that last eight attended for a year and a half, and acI think the person who gave me that me. Also, Im a clean freak; the house has years, and I can assure you that well be a complished almost every single course, job really saw that I was just being honest to be clean so I can relax, so sometimes I loyal contractor. Thats my vision of the except that I would always put off math! and trying to get ahead. A lot of contrac- am scrubbing a toilet. It actually releases business. Calculus, Algebra I always put it off. I tors and owners would call TXDOT and stress for me! And, someday, I will get my degree! never nished the degree because I was get a reference and I would get the next lacking those classes. job. If you could have one week where you Located in Fort Worth, Ponce ContracI started part-time at a construction From May to December of our rst didnt have any obligations no work, tors provides services in asbestos and lead company that my dad was working with. year, our revenues were $54,000. By the kids, or association duties what abatement, mold remediation, demolition They gave me the opportunity to start end of 2005 our revenues were a little un- would you do? and plumbing. Fort Worth-based Zion Conworking there and go to school as well. der $1 million, and just kept going up and All I would do is clean. Im saying this tractors LLC provides general construction They hired me in August 2001 during a up. because were just coming off of a holi- services to the Metroplex. mjm
Ponce Contractors/Zion Contractors LLC
busy moment when they needed an admin just to answer the phones. By 2002, I didnt enroll back in school; I worked for the construction company full-time. When I started at the company, there were 100 employees, but they grew too quickly and declared bankruptcy. Because I was just an admin making $8 an hour, they decided to cut the higher lever positions and as people left, I was given additional responsibilities. In 2004, I was just fed up with the workload and working late. Unfortunately, I wasnt being paid for the responsibilities I was given. Therefore, I decided to leave the company.
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Page 5
Simple tax deferral steps that can increase cash ow this year
Paige Heard, CPA, Tax Manager Van Houten & Associates, PC Round Rock, TX
Contractual Liability Insurance for third party over actions

Charles E. Comiskey, Vice President Brady, Chapman, Holland & Associates, Inc. Houston, TX
n todays economy, most construction companies are actively looking for ways to increase their cash ow. A simple and low cost way to achieve this is to request to change your companys method of accounting with the IRS. This can accomplish signicant tax savings now, and result in that much needed increase in cash ow. The IRS requires Form 3115 for this purpose, and it can still be led for automatic changes effective for the 2012 tax year up until the due date (including extensions) of your 2012 tax return. Discussed below is two such automatic accounting method changes of which you may be able to take advantage this year. Excluding Retainages in Accrual Method of Accounting for Short-term Contracts If your company uses the accrual method of accounting for its short-term contracts (those contracts started and completed in the same year), then you may request an automatic change to the accrual method excluding retainages. This entails the reporting of the retainage portion of a contract to be deferred until the work is completed and accepted by the owner. If this does not occur until a subsequent year, then tax on this retainage portion will not be due until that subsequent year. This change in accounting method also requires that any retainages payable to subcontractors must be excluded from deductions for that project until such time that the work is completed and accepted by the owner. Segregating Property Costs of Real Property Used in your Business This tax deferral strategy involves the accelerated depreciation deduction of components of property owned by and used in your business. It can be used
when property is constructed or purchased, even if the construction or purchase occurred in previous years. Usually, a relatively inexpensive engineering study must be done that segregates the total cost of the real property into categories, such as personal property, land improvements, building components, and land. Once the engineering study is complete, then the various categories of property segregated may be available for shorter useful lives rather than the standard 39-year useful life to which real property or building improvements are normally subject, which will most likely result in signicant accelerated depreciation deductions currently. Another advantage of this automatic change in accounting for depreciation is the ease of writing off the un-depreciated cost of an asset that becomes damaged or needs replacement. An example of this is a roof that needs replacement. Under the traditional method of accounting for real estate improvements, there would be no disposition and tax loss for the roof if the costs of the original building were not segregated. If cost segregation was applied, then the replacement of a roof with un-depreciated cost would be reported for tax purposes as a disposition and a loss would be allowed for that remaining amount. Paige Heard joined Van Houten & Associates, PC (VHA) in 2007, and has been a CPA for over 23 years. Her experience includes ten years as an Internal Revenue Agent in the Austin IRS ofce, and six years in public accounting with VHA, with primary emphasis on tax preparation and tax planning provided to constructionrelated companies and their owners. Paige can be contacted at paige.heard@vhacpa. com or 512-310-9277.
exas House Bill 2093, the Construction-Related Anti-Indemnication and Anti-Additional Insured Act (the Act, and my title, not theirs), has been in effect for over a year now. This Act declared any requirements to defend, indemnify or hold harmless another party for their negligence (whether joint, concurrent, sole, strict, gross, etc.) or that of anyone for whom they are responsible (agents, employees, anyone under the control or supervision of the Indemnitee) are void and unenforceable. It further declared that any additional insured requirements covering the same issues are also void and unenforceable. So unless you are in one of the types of business excluded by this Act (residential or municipal work), youre in the clear, right? Well, not exactly. The Act contains an important exception applicable to injury or death of employee of the Indemnitor (the downstream party), its agents or subcontractors. Indemnication and additional insured requirements that remain permissible under Texas law include the required assumption of the Indemnitees (the upstream party) joint, concurrent and/or sole negligence with regard to this exception. What is the signicance of this? Assume a subcontractors employee is injured on the job. He makes a workers compensation claim and is prohibited by law from suing his employer. He can, however, bring suit against upstream parties, who then tender the suit back to that employer for defense and indemnication under the employers general liability insurance. This process is commonly referred to as a Third Party Over Action. Contractual indemnication arises from liability assumed in a contract. It applies to liability not normally imposed by law you are liable only because you have agreed to be liable. There are a variety of insurance issues pertinent to this exposure that require your attention. From the standpoint of the contractual liability insurance provided by a general liability policy, there are four: 1. An Amended Denition of Insured Contract endorsement (CG 24 26) limits coverage to bodily injury and property damage caused, in whole or in part, by you or by those acting on your behalf. By denition, that excludes injury or damage caused solely by an upstream party. The effect is to exclude coverage for the assumption of that partys sole negligence even though permitted by law. 2. A Contractual Liability Limitation endorsement (CG 21 39) is one of the most hazardous exclusions in the insurance industry, completely deleting coverage for
most liabilities assumed in an indemnication provision. 3. Sneakier are numerous endorsements that modify or delete the exception to the general liability policys Employers Liability exclusion. Coverage for Third Party Over Actions is provided by this exception, and its deletion exposes a contractor to one of the most common types of construction litigation with no coverage. 4. Even when the contractual liability coverage hasnt been modied in any manner, its important to recognize that defense costs paid in behalf of an Indemnitee are not paid outside of, or in addition to your limits of liability, but are paid inside of limits, eroding those limits. If you have a $1,000,000 per occurrence limit and spend $400,000 defending an Indemnitee, you only have $600,000 left for payment of any damages. In this last example, who wins? Not the Indemnitee, who thought it was getting the benet of a full $1,000,000 limit, only to nd that the remaining limit is substantially reduced. Not the Indemnitor (a/k/a the downstream contractor) who (1) not only paid dearly for this coverage, but (2) is now having to share its limits with the upstream party, and (3) even worse, is having those limits rapidly eroded by defense costs. Who wins? The insurance company, who now is having to pay far less, saving money with every dollar paid to defend an Indemnitee. Whats the moral to this story? There are two: 1. Do not permit any endorsements to your coverage or that of a downstream contractor that might limit or eliminate coverage for the liability assumed in an indemnication provision; and 2. Require consistency in your coverage. If you agree to indemnify for sole negligence, obtain additional insured coverage that provides that same scope of coverage. Defense costs paid in behalf of an additional insured are paid outside of limits of liability. Additional insured issues abound, but theres good news on the horizon. More on that next month. Charles E. Comiskey, CPCU, CIC, CPIA, CRM, PWCA, CRIS, CCM, is Sr. V.P. of Brady Chapman Holland & Associates. Comiskey is a nationally recognized expert and frequent speaker on risk management and insurance issues to various legal, construction and real estate associations and similar groups across the country. He has served as a pre-trial consultant/expert witness in approximately 200 matters in State and Federal courts, serving in behalf of both the defense and plaintiff. He can be contacted at 713 979 9706 or charles.comiskey@bchinsurance.com
Submitted to Construction News
Two-wheeled joy
Independent Electrical Contractors (IEC) Fort Worth/Tarrant County Chapter and the team at Humphrey and Associates donated 100 bicycles to Mission Arlington before Christmas. Not only did they donate the bikes, they took the time to assemble them, too! ms
Page 6
Industry FOLKS
William Tang
Project Engineer
BakerTriangle
I did the work; now how do I get paid and can I recover my attorneys fees?
West W. Winter, Partner McNelis + Winter, PLLC San Antonio, TX
ho knew that The Bard and The Duke were brothers? When BakerTriangle project engineer William Tang and his older brother Wayne were born to immigrant parents from Taiwan, Mom and Dad didnt have to resort to a baby name book for help. My parents were trying to nd English names that were popular, and my grandparents liked [to read] William Shakespeare, so I was named William, Tang explains. My brother, who was the rst generation of my family to be born in America, was named after John Wayne! Tangs actual Chinese name, WeiTing, means stronghold or fortress, and it is not the only Chinese word his parents hoped would stick with him. When I was growing up, I had to learn English but my parents also taught me Mandarin Chinese, he says. Eventually, though, I had to take ESL, or English as Second Language, in school because I didnt know English! I always make fun of my parents for doing that because even though it was nice of them to teach me Chinese and I wish I knew it more now it put me behind [in school] at the time. But it actually made me who I am in a way. A talent that he began honing in his childhood also helps dene who Tang is. As far back as I can remember, I really liked drawing, starting out with crayons of course, he says. Eventually I was interested in drawing just about
G
anything. I would look at magazine pictures and try to duplicate it. My parents thought I would make a good architect. I majored in construction science, although it was a debate since Im a very visual person and have an interest in art. The Texas A&M grad recently moved to Dallas and has worked at BakerTriangle for a year, saying that he enjoys both the work and the company golf tournaments that have sparked a new passion for putting. His spare time is otherwise dedicated to his girlfriend of ve years, Valerie, and his renewed devotion to learning to play music and as a very famous William once said, if music be the food of love, play on! My parents always pushed learning the violin and piano, and in high school I did trombone and marching band, but I didnt really keep up with it, he says. Right now, Im trying to relearn all sorts of different things like the accordion, and I just got back into cello. Its always been an interest of mine, but I like it as a self-taught method. Its just the older I get I lose the ability to learn it faster! mjm
ood questions! A number of avenues and causes of action exist in Texas to assist contractors, subcontractors, and suppliers in obtaining payment for work properly performed and materials provided for a construction project. ments and loan receipts are trust funds if they are made to or borrowed by a contractor or subcontractor under a construction contract for the improvement of real property. Contractors, subcontractors, or owners and their ofcers, directors, and agents who receive or control the trust funds are considered to be trustees of these funds. Those who furnish labor or material for the construction of the improvement are the beneciaries of the trust funds. A trustee who retains, uses, disburses, or otherwise diverts the trust funds without rst fully paying all obligations to the beneciaries, is deemed to have misapplied the trust funds. While certain exceptions, exclusions, and defenses apply, criminal penalties exist for misapplication of these trust funds, and the courts allow for a civil cause of action. Prompt Payment Act Another statutory tool to assist in compelling payment is the Prompt Payment Act pursuant to Chapter 28 of the Texas Property Code. This statute requires payment of contractors and subcontractors within the timeframe specied in the Act and allows for the recovery of interest on unpaid amounts. Notably, the Act also provides for the right to suspend work in certain circumstances following proper written notice. Attorneys Fees With the exception of a trust fund claim, a prevailing party asserting any of the causes of action discussed herein has the ability (in some cases an award of fees is discretionary with the court) to recovery reasonable and necessary attorneys fees. West W. Winter is a partner at McNelis + Winter, PLLC. A LEED Green Associate, West serves on the board of the Construction Law Section of the San Antonio Bar Association and is listed as one of the Best Lawyers in San Antonio for Construction Litigation. His rm aggressively represents general contractors, subcontractors, and suppliers in all phases of the commercial and residential construction process, from contract formation through dispute resolution, litigation, and collection. West can be reached via email: west@mcneliswinter.com.
Mechanics and Materialmans Lien Perhaps the most signicant tool in your arsenal will be the Mechanics Lien. Governed by Chapter 53 of the Texas Property Code, statutory mechanics liens, if timely and properly perfected, secure your right to payment against the project. While the specics of proper lien perfection are complicated and beyond the scope of this article, perfection of a lien claim generally requires timely and proper written notice of the unpaid debt, timely recording of a proper lien afdavit in the real property records in the county in which the project is located, and timely giving notice of the led lien to the owner and general contractor. Be aware that suit must also be led to enforce/ foreclose the lien claim within the limitations period mandated by Chapter 53 (typically one or two years, depending on the type of project) or the lien will be extinguished. Contractors having an agreement directly with the projects owner may further enforce constitutional lien rights which exist independently of any notice or recording requirements. Rights may alternatively exist under a payment bond if work is performed on a public or bonded private project. Strict time and notice requirements also exist for the proper perfection of a bond claim and will differ depending on whether the project is state or federal. Breach of Contract, Quantum Meruit and Sworn Account Whether or not a mechanics lien has been perfected, you may also assert a cause of action for breach of contract as a result of non-payment. In some instances, such as when there is no express contract, where the work performed is outside the scope of the agreement, or when the work is partially performed, an equitable cause of action may exist for quantum meruit. Typically, suppliers to construction projects will also be able to avail themselves of a suit on sworn account and in instances where they have secured a personal guaranty, suit against the individual guarantors. Violation of the Texas Construction Trust Fund Statute Chapter 162 of the Texas Property Code mandates that construction pay-
How did you meet your spouse?

I met my wife at church, actually. I was about to get up and do a vocal special, and she got up and wept. Thats where I met her, and I couldnt have met her at a better place, thats for sure. Weve been married almost 28 years. Steve Tucker, Unied Materials Group I met my wife, Angelique, in college at Ole Miss in Oxford. We were at the Library Bar and Grill. She was the most beautiful girl in the bar. I married her eight years after I met her; it took me eight years to convince her to marry me! We go back to that bar every year. She is still the prettiest girl there. Ray Waddell, CEC I met my wife, Margarita, at a basketball game at my church. At halftime, she jumped in the middle and said, When are the girls going to get to play? So we asked her how many girls were ready to play; there were ve girls behind her and none of them raised their hands. She just stood out; she was very girly but at the same time was not going to let someone mess her over. I married her about two years after that, but I knew she was The One right away! Ramon Hernandez, Integrity Texas Construction I met my now-husband, J.V., my rst year of law school. I thought he was larger than life at the time; he has a great personality and reminds me a lot of [actor] John Goodman. I guess he must have thought I was okay because it all worked out in the end! Tammy Crooks, MetalMan
Page 7
Trophy trout game plan

by Capt. Steve Schultz Sponsored by: Majek Boats, Premier Yamaha Boating Center, Fishing Tackle Unlimited, Power Pole Shallow Water Anchor, Interstate Batteries, Pure Fishing, Pueger Reels, All-Star Rods, Mirr-O-Lure and Columbia Sportswear.
ing? My answer is always the same, Any time you can. Second most asked question is, What do I have to do to catch a trophy trout? Well the answer to that question can vary a bit. First, you have to ask yourself, How committed am I to accomplishing such a task? Trophy trout are similar to trophy whitetail deer. Youre not going to sit in a deer blind and have a 180-class whitetail come out during every hunt, unless you are on one of those high fence ranches that grow monster deer and release them into the wild. It takes countless hours and, in most cases, countless days spent in the eld or on the water to see such a trophies much less harvest them. For the next few months, we will spend many days walking countless miles wading the shallow waters of the Laguna Madre and Bafn Bay in search of one of the most sought after trophies that roam the inshore waters of the Gulf of Mexico. Most anglers know that wintertime is when speckled trout are at their peak weight. A 30-inch trout caught in the middle of the summer may only weigh 6-1/2 to 7-1/2 lbs; whereas that
same sh may be 9-1/2 to 10 lbs in the winter. These heavier trout make your catch that much more gratifying. One of the most important tools to have before you venture out for your day on the water is something that cant be purchased. A GAME PLAN must always be one of the rst things you should have before you leave the dock. If youve kept logs in the past like most serious anglers do, review them. Think back to previous years or outings that were successful. What lures did you throw and which ones did you have the most success with? What were the weather conditions like cold, windy, cloudy, sunny, etc? Try to predict what your day is going to be like and look back to nd a similar day in your logs. Dont be like most routine shermen who go to the same spots over and over because they caught a good sh there 11 years ago. Now that you have arrived to your pre-designated shing spot, your next decision should be which lure to throw. My suggestion to most of my clients is to
throw a lure you have condence in. I always start out with a lure that has been a producer for me in the past. Dont get caught up in some new item that came in a fancy package and costs a small fortune or a lure that your buddy gave you and said these are what I catch all my sh on. If I have a group of customers, I always try to mix it up. I start everyone off with a different lure. This helps me determine what the sh are wanting on that given day. After we have established what the sh want we can all go to the same type of lure. If you would like to plan a trophy trout shing trip in the next month or so, dont procrastinate it any longer. Now is the time! Also, those of you that are waiting for spring and summer to get your shing in, my calendar is rapidly lling. I can be reached by phone at (361) 8133716 or by e-mail at SteveSchultzOutdoors@gmail.com. Good luck and good shing.
ne of the most popular questions I get throughout the year is, When is the best time to go sh-
Branded for life
Footprints in the desert sand
Mary Paul, San Antonio editor for Construction News, traveled to White Sands National Monument in New Mexico, where dunes of ne gypsum cover 275 square miles of the Tularosa Basin, bracketed by two distant but breathtaking mountain ranges. mp
Hayden Consultants Inc.s design manager James Allens 50th birthday didnt cost him an arm and a leg just a leg. Thats because the tattoo he chose to commemorate this milestone a replica of his professional engineering license seal was too large for his bicep, so he offered up one of his gams instead. Nice ink and nice legs, we must say! mjm
STEVE SCHULTZ OUTDOORS, LLC

BAFFIN BAY LAGUNA MADRE LAND CUT SPECKLED TROUT REDFISH FLOUNDER FISHING AND HUNTING TRIPS www.bafnbaycharters.com steveschultzoutdoors@gmail.com U.S. Coast Guard & Texas Parks and Wildlife Licensed
(361) 949-7359
Page 8
Ken Milams Fishing Line

Sponsored by Tropical Marine and Honda Marine My name is Ken Milam and, for the past 26 years, I have been guiding shing trips for striped bass on Lake Buchanan in the Texas Hill Country. Over the years, Ive had the opportunity of getting to know a good many folks in the construction trade.
Hiding places
If you dont do this now, you might be kicking yourself when the lakes ll up!
t this writing, we are having a welcome stretch of warmer weather. The warm days after a cold spell just get me itching to get out and do something! I gure Im not the only one who feels that way, so lets get cracking! Spring is coming! Now that we are nished with deer season and have put the ries away, its time to look forward to spring and summer shing. You know how you used to say you liked going to Lake So-and-So, but you are getting bored with it and need to go try somewhere else? Well, this year you are in luck. If you are like so many of us and are surrounded by lakes that have below normal water levels, you just got yourself a brand new lake without having to travel somewhere else. I know you have seen and heard me say this before, but it is still true. Low lakes are lakes that are giving up their secrets! Before they ll up again, you need to get yourself out there with your camera and GPS and in some cases a good pair of hiking shoes. Go nd the places you have had good shing and get an up close look at why it has been productive. Look for points, drop-offs and rock piles, any place for sh to hide or hang around. Take pictures, make notes and get GPS coordinates. Now you are ready to go exploring the lake bed and nding other places that have the same traits, places you havent been aware of with the lake full. I can drive across the empty lake bed and see a lot of spots that I have caught sh on for years. Now I can see why those places hold sh. You can know of a place and know how it looks by sh nder, but still be surprised at the
Bluebonnet diamonds
way it looks when you actually get to see it with your own eyes. Make a day trip of it. Stuff the ice chest with good stuff to eat and drink and load up the kids just like you were going shing, but instead of bringing the boat and all the tackle, let the kids bring their own entertainment. One thing a low lake has to offer is lots of open space to run. They can y kites, have room to play with the remote control toys they got for Christmas, or just have fun exploring. Meanwhile, you get in some shing research and get a chance to look for good places to launch your boat and such. That way when you are coming to the lake to sh, you already have the hard part done and can focus on shing and having a good time. If you are not comfortable with taking your own boat to a low lake, then seek out a good shing guide. They are on the lake frequently and familiar with it as it changes, and how the sh have been moved around. Also, dont forget all the little lake area businesses that support your shing trips. From the bait shops to the convenience store you used to fuel up at, to the little shing camp where you used to spend the night and the little caf that fed you breakfast, all these folks would be happy to see you too!
So many places for a sh to hide
If I had a nickel for every sh I caught here
(325) 379-2051 www.striperfever.com
Earning their wings
The guys at Southwest Lath & Plaster had a good showing at the companys annual pheasant hunt. L-R, in front: Christopher Holleman, Brian Sidwell, Chris Holleman, Mike McVey. L-R, in back: Craig Morris, Keith Frazier, Caven Romans, Rod Arrington, Randy Holster, Adrian Flores. ms
Page 9
Guys and dolls
hen ASA-North Texas gets down and parties, they aim to have a good time! Just take a look at these photos shot at their Roaring 20s Party, which was held at Edisons of Dallas! The joint took on the look of a real speakeasy that night, with elaborate costumes, casino tables and, of course, plenty of music and dancing! ms Photos by Jesse Abercrombie
Beam me up, Scotty

echnology: We see it all around us every day. From smartphone apps and interactive TV, to cars that talk to you as you drive down the road, were truly beginning to look at least a little like those old sci- movies and TV shows that most of us remember. Technology is especially prevalent in the way that construction companies operate their businesses Rogers-OBriens new high-tech BIM department now. General contractor SpawGlass has a digital representations throughout a new iPad app (TED) that helps customers buildings construction and operational develop a realistic budget for commer- life. cial construction projects, offering costWeve organized our upstairs per-square foot categories in 49 pre-de- around what we call our BIM pen, said ned divisions. Bob Bullis. Our renovated and recongThe square-foot pricing is calculated ured workspaces encourage communibased on the average of historical costs cation. of past projects. Costs in the system are TDIndustries, a mechanical contracadjusted to todays dollars. tor, uses a combination of manpower and I just recently completed a parking the Internet to improve a buildings efgarage for Texas State, said Bryan Kent, ciency. SpawGlass. I could quickly get estimated We take information from an existcost per square foot and some examples ing building control system and receive it for the customer. through the Internet. Each point is reBuilding Information Modeling (BIM) corded every ve minutes, said Ken is the name of the game now in construc- Scheepers, TDIndustries. We can then tion, and Rogers-OBrien Construction diagnose problems and improve efcienhas renovated its Dallas ofce to adapt to cy. ms the technological movement that uses
Valentines Day
Thursday, February 14
SpawGlasss new TED app for iPad is a tool that helps customers get a realistic picture of a prospective projects cost.
Page 10
New leaders for a new year
More than architecture
ith 2013 getting underway, Bartlett Cocke General Contractors is shaking things up. The employee-owner company has made some changes in leadership as the Texas construction forecast promises opportunities for growth. Randy Pawelek is making the move from president to chairman, but he will retain his position as CEO. He has served the company as president since 2008. As Pawelek steps up, Harry Moeller will take his place as president. Moellers new position will require him to oversee daily operations at the companys local and regional ofces. This ongoing, planned leadership transition is not about letting go or handing off, but allowing others to step forward, Pawelek said in a statement. Since 1959, many have stepped forward to help lead our organization forward. It is the result of vision, planning, hard work, working smart, and most of all, great teamwork.
L-R: Randy Pawelek and Harry Moeller have stepped up into new positions to lead Bartlett Cocke into 2013.
L-R: J. Bruce Benner, Michael J. Bennett and David Pettit
As Moeller assumes the role of president, a position that has been held by Bartlett Cocke Jr. and Duane Pozza, he comes with a long history of experience with the company. Starting in 1985 as a eld engineer, he worked his way up to project manager, vice president of estimating, and his former position, executive vice president. Others have been promoted as well. Kevin Byrd is the new vice president of operations for Central Texas. James Anderson has become the new South Texas regional manager. Mark Christensen is now the East Texas regional manager. And Nathan Olson, who has been serving as interim director of preconstruction, has been ofcially promoted to the position. Regarding the many changes in leadership, Moeller commented that the Texas economy is poised for growth and Bartlett Cocke is ready for those emerging economic opportunities. mp
ennett Benner Pettit, a multidisciplinary design rm in Fort Worth, does more than just architecture. With projects that range from zoos to high-rise condos to historic buildings, the company founded in 1956 by Don W. Kirk offers architecture, urban design and planning, economic development, interior design and landscape architecture. Heading the rm are principals Michael Bennett, AIA, who serves as CEO; J. Bruce Benner, AIA, who serves as president and COO; and David Pettit, director of economic development. We are often recognized for our success on projects of a complex nature such as the Tarrant County Jail, Erma Lowe Hall at TCU and the Museum of Living Art or MOLA at the Fort Worth Zoo, said Bennett. We also pride ourselves on our commitment to our community. The company has fun, too, holding a mix of staff-only and family-invited events. Employees also do volunteer
projects both pro-bono work and also just being helping hands for various causes. This year, the rm designed a renovation for its local Salvation Army Angel Tree Warehouse and distribution center and also adopted a family with six kids from the angel tree. A group went shopping together to pick out items for the kids. As CEO, Bennett says designing pieces that inspire is what he really enjoys and what denes the rm. I had the opportunity to design the renovation of a historic building, Erma Lowe Hall at my Alma Mater, Texas Christian University, Bennett said. My objective was to create a rehearsal/performance space for the School of Classic & Contemporary Dance that would inspire students to achieve the next level in their profession. The result is a highly functional historic building that features modern-day amenities, and ts in the context of the campus environment. ms
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Page 11
Construction Safety
Safety matters
Juan Mendoza, Safety Director Lasco Acoustics & Drywall Inc.
Austin, TX training we do is in-house; however, sometimes when we are required to have a specic training on specic equipment, we call the providers and have them do the training for us. For us to actually to get employees on the jobsite, we do what is called a new hire safety orientation. The orientation lasts anywhere from four to ve hours. We train our employees before they even step foot on the jobsite. According to Mendoza, there have been advances in personal protective equipment (PPE) in recent years. In 2008, there were changes in the OSHA regulations, he said. It is required that employers provide PPE. Since the change in the OSHA regulations, we now provide all the PPE, which include safety glasses, hard hats, gloves, safety harnesses, earplugs and more. In the future, I think construction safety will continue to improve. In the past, our industry had a tremendous problem in the Hispanic population be-
uan Mendoza is the safety director at the Lasco Acoustics & Drywall Inc. Austin, TX location but also travels to work in Dallas and San Antonio. He manages all the safety programs for the company. I train our guys on how to work safe on a daily basis and I provide bilingual training because I can speak both English and Spanish, Mendoza said. I do training on rst aid, CPR, boom lift and scissor lift equipment, scaffold and fall protection. Looking at the numbers, Mendoza says he has read fatalities have slowly but surely decreased in the past few years. I have seen a lot more training in the commercial construction industry lately, he said. If you look at the data, the fatalities in 2012 were less than the year before and the previous year. I think there has been an improvement this past year because there has been more emphasis on the safety training for the industry. It is very important for construction related companies to not just have a good safety program, it is important to implement the program. In addition, there are requirements that workers on the job have to have some level of training. That has been helping companies to step up and provide the required training to their employees. Here at Lasco Acoustics & Drywall, we have a safety program in-house. We develop and update the program on a yearly basis. We go back and review it and change things as required. Most of the
cause the workers werent getting trained before they were sent to the jobsites. Thanks to the push on the OSHA regulations and inspections, it has been changing little by little. There are more and more people out there getting together, focusing on goals and making a difference. Mendoza says he really enjoys his job as safety director. At the end of the day, when I see the workers are going home the same way they left in the morning, it is rewarding to know that they are going to go back to their families and see their children, he said. That is my biggest joy. It is very important to me that the workers are going to be safe on the job. It is not just a job, it is my passion. Lasco Acoustics & Drywall Inc. provides drywall, acoustics and plastering in the commercial construction industry. The company has a corporate ofce in Dallas and also has ofces in Austin and San Antonio. ab
Important to have re safety plan on construction sites

Chris Jelenewicz, P.E. Society of Fire Protection Engineers
Bethesda, MD usually the kinds of things that make the news. Its just something that you need to be aware of. Jelenewicz says key steps in implementing a plan to bolster re safety on your construction site include: 1) Making sure you get your superintendent involved. Make sure he is properly trained to deal with potential problems that might arise. 2) Get with the local re department involved with the plan to ensure that their needs are properly met, and make sure that there is an established water supply. Being aware of their water supply is the part that some construction companies overlook, Jelenewicz said. Its the most important thing the re department needs to have water if its going to put out a re, he said. I think thats the part that is most often forgotten about. Youve got to get those hydrants in place as soon as possible, and youve got to make sure the re department has a way to access the site with its ladder trucks. 3) Technology and the prevalence of cell phones can be used, too. You can put in place some sort of text messaging system so that people on the site can be notied immediately, Jelenewicz explains. 4) Make sure everyone knows the escape routes and that it is understood how to exit the building or site in case of an emergency. 5) If its a high rise project, two words: standpipe system. These are simple vertical pipes that allow the re department to reach each oor. On each oor, there is a connection so that the re department just has to pump water into the pipe and haul a hose up to the oor where the re is present. Its not rocket science, and it doesnt cost you too much money, but it really does make things safer, Jelenewicz said. ms
o to most construction sites these days, and youll see a safety-conscious bunch of workers. People are wearing their hard hats, theyre wearing harnesses when theyre going up in lifts, and they comply with safety practices and procedures. But another important tool for construction companies to keep their workers safe on the job site is a plan in place that prevents and protects against re emergencies, says Chris Jelenewicz, P.E., with the Society of Fire Protection Engineers. Its very important on a construction site to make sure that you have a plan so that you know exactly what to do in case of an emergency, Jelenwicz says. Things to cover in your plan include knowing whom to call in case of a re,
prevention of potential hazards involving ammable materials and liquids, and having access and water for the re department to put out any blazes should they occur. You want to make sure that when the re trucks get to the scene, that theyll be able to provide support, Jelenewicz said. Make sure re hydrants are in place as soon as possible before starting the construction process, or make sure there is an alternative way that the re department can get water. While res dont seem to be a particularly large problem these days, an ounce of prevention is worth a pound of cure. Its not something you should get complacent about, Jelenewicz notes. Fires do happen. You dont usually hear about these res because they arent
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Page 12
Construction Safety
A safe way is the best way
W. C. Bill Blayney, Owner and President W. C. Blayney & Associates
Humble, TX Many owners and managers do not want to give full information to their front line supervision. Supervision needs clear and complete instructions to line management and supervision. Also, a clear company mandate for safe operations, use of experienced safety director, foreman, superintendent, with full authority to identify and eliminate risk and errors. Results of a good safety record, gives you a competitive edge over unsafe competitors. Employees would rather work for a company with a corporate culture of being safe. Your insurance rates are lower, because you can reduce costs, because of safe behavior and can under bid your competition. You get more work, and more year end rebates from your insurance company. Of the major construction companies that I worked for, we enjoyed the benet of ability to be self-insured. Refunds to a self-insured contractor resulted prots in excess of production savings on the jobs. We were able to determine cost in detail, able to count on less expenses on overhead and labor costs. On years that we completed $50 million in production, we expected a refund of excess workers compensation premium of more than $650,000 to add back to the bottom line. With a good safety program, and with supervision's blessing, we could count on this year-end treat annually.. With clear instruction, and use of experienced management, we always came in under estimates. Blayney says to increase safety awareness and create a safe working environment, give job supervision a corporate safety culture and ensure executive and supervision must be sold on safe behavior. He added that personal protective equipment (PPE) has always been there and every construction supplier has had all types of safety equipment on their shelves. Organizations such as the AGC, ABC, ASSE, NSC are regularly and frequently holding meetings, open to the public on how to utilize and use safety equipment to the companys greatest benet, along with saving limb, ngers, and lives. Looking ahead, Blayney thinks the industry will use more and older people, more experienced seniors, people with on the ground experience, knowledge and ability to communicate it. The most signicant challenge to the safety industry and 40,000 professional safety specialists is the sale of safety benets to owners and contractors. How much better planning, execution, safe operations, lack of lost time and enhanced production and well planned and budgeted a project can be brought to fruition and good nal payday, with no lost- time injuries. I still get a thrill out of seeing a good project come together. I love seeing concrete poured starting before daylight. Framing wood, steel, masonry going up at fantastic rates. I like to see two-year projects nishing in 18 months, and experienced crews planning and executing error free jobs. Working from the experiences of their grandfathers, dads and now we are in to the third generation of builders, building faster, safer and more productive than ever. W.C. Blayney & Associates provides loss control services and jobsite safety inspections. The company specializes in communication towers, excavation, trenching, concrete placement, framing, trim carpentry, electrical, roong, masonry and drywall safety programs. ab
.C. Bill Blayney is a professional safety consultant. During his career, he has shared his construction experience with more than 1,500 construction companies. I started in construction as a laborer, ofce clerk, purchasing agent, superintendent, general superintendent, head of cost department, specializing in workers compensation cost reduction and refunds, scheduling and organizing multiple projects for most cost effective completion and sale, Blayney said. Along with the inception of OSHA in 1971, I received a new title of safety director. Blayney says he has 52 years of active construction experience and 41 years attempting to stay in compliance with the OSHA. He says the major risks in construction are workers misunderstanding instructions and supervision in a constant rush, with incomplete information to perform tasks at hand safely. Additional risks in construction are operators not reading and understanding limitations to heavy equipment and architects and engineers avoiding safe design out of fear of liability.
Budding young architects?

he American Institute of Architects (AIA) in Dallas recently hosted a play day at the Dallas Center for Architecture exclusively for children whose parents are members of AIA Dallas. Children enjoyed playing with Tinker Toys, Erector Sets and LEGO bricksand their parents did, too! ms
Round-Up
Structural and civil engineering rm JQ announced four promotions at its Dallas ofce: John J. Hoenig, PE, LEED AP, is promoted to partner. Hoenig has been with JQ for 12 years. He is a structural team leader with experience in education, municipal, healthcare, federal and commercial. Hoenig received his Bachelor of Science degree in Civil Engineering from Texas A&M University. Murali Kariyarveedu, PE, LEED AP, is promoted to principal. Kariyarveedu joined JQ in 1999 and is a key leader on the Water Resources team. He received his Master of Engineering in Civil Engineering from Oklahoma State University and his Bachelor degree in Civil Engineering from Bangalore University, India. Carlo N. Taddei PE, LEED AP, is promoted to principal. He has been with JQ since 2004. As a structural team leader, he focuses on architectural consulting projects. Taddei holds a Master of Engineering in Civil Engineering and Bachelor of Science in Civil Engineering from Texas A&M University. Douglas Rothermel, PE, LEED AP, is promoted to associate. He joined JQ in 2006 and has over 22 years of industry experience. Rothermel earned his Bachelor of Science in Architectural Engineering from California Polytechnic State University, San Luis Obispo. ms
Round-Up Submissions
Email (w/digital photo, if available) by the 15th of any month, for the next months issue (published 1st of each month). Email info to appropriate city issue, with Round-Up in the subject line
Page 13
35 and still growing
The winds of change
cKim & Creed, Inc., an engineering, surveying and planning rm that operates SURVCON, a division in Houston, Austin, San Antonio and Fort Worth, is celebratMichael Creed ing its 35th anniversary this year. Chairman and CEO Michael Creed, Ph.D., PE, said the rm was pleased to have reached the milestone, and would continue to improve and grow as it looked ahead to its future. In our 35 years of operation, McKim & Creed has grown from a two-person structural engineering company to a 400-person infrastructure consultancy with ofces throughout the United States, Creed said. Most recently, weve added LiDAR to our services, which is particularly strong in our Texas market. Were also expanding into the green market, providing services for micro grids and renewable energy projects. These are things that Herb McKim and I never dreamed of when we started the company in 1978. Its exciting to reect upon the technological advances
that have been made during the past 35 years, and to plan the future direction of McKim & Creed. As it reaches the noteworthy milestone, the company is getRoger Woods ting bigger, acquiring the assets of North Carolina-based United Engineering Group, which is a leader in the design of solar photo voltaic systems and containerized energy storage systems for solar and wind energy production. UEG Chairman Roger Woods, PE, will oversee McKim & Creeds energy and electrical design services. As it amasses more professionals with energy expertise, the company plans to be involved in the extensive shale areas of South Texas. We are not yet involved in this area but plan to be in the near future, Creed said. Right now were expanding our Texas staff to include more professionals with extensive backgrounds in the oil and gas industry, and these people will help us grow into this specic area of the energy market. ms
L-R: Chris Schultz and Paul Lampe take to the co-pilot chairs at Raba Kistner Consultants.
Content submitted by Associations to Construction News Editors note: Association Calendar is your way of letting Dallas Fort Worth Construction News readers know about your events. Send your events to dfweditor@constructionnews.net. ACCA North Texas
Air Conditioning Contractors of Amer.
Association Calendar
aba Kistner Consultants, Inc. has two co-pilots taking the controls, helping to y the engineering rm into 2013. Chris Schultz PE, PMP and Paul Lampe have accepted co-leadership of Raba Kistner Consultants, a whollyowned subsidiary of Raba Kistner, Inc. Schultz and Lampe will be overseeing operations and nancial management of eight Texas locations from the divisions headquarters in San Antonio: Austin, Brownsville, Corpus Christi, Dallas, El Paso, Houston, McAllen, and New Braunfels. Schultz has been promoted from senior vice president, a position he rose to in 2004, to president and chief operating ofcer of Consultants, and he will remain practice leader for geotechnical engineering. Lampe moves from senior vice president, a role he too assumed in 2004, to executive vice president, and he will re-
tain his responsibilities as practice leader for construction materials engineering, testing, and construction inspections. Paul and I have a lot of our time, heart and energy invested in this company, stated Schultz. We know that we are taking over leadership of an exceptionally dedicated group of employees. Lampe commented, Chris and I have worked together at Raba Kistner for 22 years, providing services to both regional and San Antonio area clients. We look forward to an expanded role in supporting operations and clients in all of our ofces. One area that I really look forward to is working with our clients to use more recycled construction materials. William Raba, president of holding company Raba Kistner, noted, This action is to support expanding the companys reach and growing our staff and service capabilities over the coming years. mp
ASA North Texas

American Subcontractors Association
Feb 6: Dinner meeting at Texas Land & Cattle Steak House. 5-8pm. Guest speaker will be John Lain, Texas Depart- ment of Licensing and Regulation.
AIA - Dallas
American Institute of Architects
Feb. 4: Panel Discussion: Landscape Urbanism; 6-7:30pm. Free event Feb. 7: AIA Dallas Celebrate Architecture: Awards & Honors Reception; Temple Emanu-El; 6:30pm; $45 per person Feb. 12: CES: Advanced Florida Building Codes; 8-10am; $135 AIA Members, $185 General Admission Feb. 19: CES: Fair Housing Accessibility Training; 8am-4:15pm; Free event Feb. 21: Panel Discussion: Mobile Architecture; 5:15-7pm. $20 AIA Members, $35 General Admission. Unless specied, all events held at Dallas Center for Architecture. Registration and more information is online at www. aiadallas.org.
Feb. 7: Texas Lien & Bond Claims Seminar. Las Colinas Country Club, Irving. Registration, 9-9:30am; 9:30am-4pm, seminar. $250, includes lunch. 817-640-8275 or lswhite@asa-northtexas.org. Feb. 28: ASA-North Texas board meeting. 3-5pm, Las Colinas Country Club in Irving TX. Feb. 28: Monthly Dinner Program. 5:30pm, registration and cocktails. 6:15pm, BPI session and legal message. 6:45pm, dinner program. Members, $40; non-members $60. Must be registered. Contact ASA ofce at 817-640-8275 or ladelle@asa-northtexas.org
BCA
Black Contractors Association
Feb. 23: Cowboys and Cowgirls of Color Rodeo. Dallas Fair Park Coliseum. A venue to celebrate minority businesses and the diversity of the BCA membership.
ICRI - NT
Intl Concrete Repair Institute
AIA - Fort Worth

American Institute of Architects
Feb. 7: Continuing education seminar. 11:30-12:30 at The Center for Architecture. Register online at febcontinuingeducation.eventbrite.com/#. Feb. 13: Design Talk. Firsthand Renaissance: Sketching and Creativity in a Digital Age. The guest is Jim Richards, landscape architect and author. 7-8pm at the Center for Architecture. Free presentation, no reservations needed. Feb. 13: 11th Annual Building Science Expo. University of Texas at Arlington Architecture Building.
Feb. 13: Joint meeting with ASCE Student Chapter of UT Arlington. Additional information can be found at www.icri. org.
IEC - Fort Worth

Independent Electrical Contractors
Feb. 21: General Membership meeting. Billy Bobs Texas. Call 817-8422 for details.
Page 14
continued from Page 1 Family rst for 35 years
A merger fastened together
serve as a major fundraiser for Young Life Christian Ministry. And, every April, the company hosts a formal Presidents Circle Dinner for employees who have worked ve years or more with the company. H&A also showed their family support by offering ex hours and jobsharing for working moms in 1980 long before it became popular to do so. Encouraging a family-like atmosphere has become so central to the way the Humphreys run their company that, when they asked their employees to brainstorm and create a company brand, a loop was suggested for part of the design to represent the family atmosphere found in their workplace. Forty
percent of their present 400 employees have been with the company at least ve years and more which proves family works appropriately for this team, Jackie Humphrey said. Steve Sr., who currently serves as President and CEO, and Jackie, who is the companys executive vice president and corporate secretary, take pleasure in the knowledge that the company they created with their family now includes employees that are second and even third generation working for the company. Humphrey and Associates is a full MEP construction contracting company with ofce locations and areas of operation in Dallas, Denton, Fort Worth and Yantis. mjm
continued from Page 1 A mecca in McKinney

L-R: Patrick Pulliam, Karen Metzger, Kyle Anderson, DeWalt; and Mark Ross, Powers Fasteners
his is a story about power tools and the fasteners they t. Actually, its about two companies that were a perfect t for a merger Dewalt and Powers Fasteners. Since the merge in October, DeWalt Powers, has been dealing in both product lines and is more focused on construction. I think that Stanley Black & Decker [DeWalts parent company] decided to take the opportunity to combine the two brand names together, says Mark Ross, branch manager for Powers Fasteners in Stafford, TX. The idea is providing the entire package to the construction industry. Ross says that before the merger, he couldnt make recommendations to contractors or distributors who actively call on jobsites regarding tools that would work best with their the anchors. Now, he says the knowledge of the power tool end from DeWalts side has given him a better understanding of his end users
needs. I think youre helping the contractor in the end, because you can make a recommendation on the entire package, so I think you reduce the chances of error on the contractors part. Kyle Anderson, account manager at DeWalts San Antonio location, is excited by the synergy between the two companies, believing it will allow sales and customer service representatives to help their customers get their jobs done more efciently. The neat thing is that now weve got more guys out in the eld where we can solve more opportunities, Anderson says of the merger. Theres more of us working together. DeWalt has Factory Service Centers in San Antonio, Austin, Houston, Carrolton, and McAllen. Powers Fasteners has branch ofces in Dallas and the Houston area with outside sales covering the state from those two locations. mp
sealants for decorative concrete. Services offered include delivery to the construction site. Unique features of the store will include a training and conference center that will be available for chambers of commerce and associations to use for programs that earn credit/training hours for participants, and a permanent food truck park. The grand opening/open house is one way Unied Materials is celebrating its 15th anniversary, a milestone it
reached in September. Recently, it also held a celebration for just its employees. Were going to serve breakfast and lunch every day, and well be giving away some pretty signicant prizes, Tucker noted. Unied Materials Group is headquartered in McKinney and is the parent company of North American Stone Company, Shiloh Ridge Stone Products, North American Masonry Supply, North American Cabinetry and IronStone Construction. ms
continued from Page 1 Church becomes school This building was completely gutted, and had to be reconstructed fast. McCune said the work ethic of the subcontractors and the help provided by Trinity Basin Preparatory Superintendent Randy Shaffer were critical in getting the job done. Every subcontractor on this project was just incredible to work with as well as Mr. Shaffer, McCune said. The CEO/Superintendent of the School, Randy Shaffer, is one of the greatest clients I have had the privilege of working with. Mr. Shaffer employs the right administrative people to help through the design and construction phase of every project, to ensure students have a great environment to learn in. Mrs. Shedera Morrison (Assistant Superintendent), Mrs. Eva Myrick (Director of Education), Mr. Buddy Bates (Operations Manager), and Miss Jennifer Masten (Coordinator of School Operations) were all great people to work with during this project, and helped make this project a success in such a short time. As for what made the project special, what impressed McCune went beyond designs, bricks and mortar, he said. I think what makes this project unique is the educators who make these buildings a place to educate our future doctors, lawyers, politicians and race car drivers, McCune said. Just knowing that the buildings I had a part in constructing will educate a child is the greatest thing. McCune Construction Inc. was founded in 2010, and typically does only private work. ms
Whistling while they work
ood news, industry jobseekers! Four of Fortunes 100 Best Companies to Work For are construction companies with locations in Texas. Balfour Beatty Construction and TDIndustries, both headquartered in Dallas, came in at 85 and 86 on the list respectively. TDIndustries has been named to the same list for 16 consecutive years, which gives them a distinction shared by only 12 other companies; theyve made the list every year since its inception in 1998. Balfour Beatty has made the list four times in a row. DPR Construction, a general contractor with ofces in Austin and Houston, achieved position number 15 on the list. PCL Construction Enterprises, a civil engineering design/build rm with ofces in Dallas and Houston, came in at 73. Bob Richards, president of Central Texas operations for TDIndustries, stated, We are committed to providing outstanding career opportunities
by exceeding our customers expectations through continuous aggressive improvement. More than 20 percent of the employee-owned companys partners are still with the rm since it rst appeared on the list. Robert Van Cleave, chairman and CEO of Balfour Beatty, commented, Im very proud about what it says about the quality of people we have here. Our company has endured a tough economy and weathered the challenges of being a rapidly growing business; and yet, our employees continue to be positively engaged in our business, their communities, and each other. They are the ones who make this a great place to work, consistently striving to earn the repeat trust of their coworkers, partners, and clients. Businesses are ranked based on questions about pay, benets, hiring practices, internal communication, training, recognition programs, and diversity efforts. mp
Trinity Basin Preparatory used to be a Catholic church.
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Page 15
Todd Lewis, Bobcat of Fort Worth
Jon Haygood, HOLT CAT
L-R: Ray Watkins and Greg McCaslin, Landmark Equipment
A little late cheer
ts a what should I wear? crisis only a few of the nearly 200 exhibitors faced as they dressed the morning of Jan. 18, and its a question these construction industry folk may encounter every morning until Feb. 9. Thats the day when the 117th annual Fort Worth Stock Show & Rodeo gallops out of the Will Rogers Memorial Center, the exhibitors take down their booths showing off their latest construction-related wares, and they go back to hard-hat living. mjm
Cowboy hat or construction hat?
CONSTRUCTION
It may be February, but a cute picture is a cute picture. The construction group at MHBT Inc. took top honors during the holiday decorating contest with their Redneck Christmas. L-R, in front: Brianna Villanueva, Felicia Pena, Peggy Mauldin and Kae Perdue. L-R, in back: Jeremy Sandusky, Donnie Doan, Susan Thompson, Elaine Cline, Kristi Meek, Debbie Smith, Gloria Gerecht and Mike Buttrey. ms
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Page 16
For the technicians of tomorrow
Holding ofce
President and COO Allyn Archer opened HOLT CATs new ProTech Training Facility.
echnical training with $2 million pieces of equipment is crucial for both efciency and safety in this business, and now HOLT CAT has opened a new ProTech Technical Training Facility on East Southcross Boulevard in San Antonio. The LEED Silver facility will train technicians from across the state, including HOLT CATs Dallas, Austin, Corpus Christi, Laredo, and Victoria, and of course, San Antonio. Allyn Archer, president and COO, and Guy Clumpner, senior vice president, were onsite for the grand opening and open house Jan. 24. HOLT sees a serious, industry-wide need for skilled workers and this state-ofthe-art facility demonstrates our commitment to future growth, professional training and development for technicians, Archer said in a statement. Clumpner stated This is a very sophisticated business. The technical acumen required to be successful in this eld requires digital, computer and electronic
skills and knowledge, as well as the ability to accurately diagnose and make repairs. Our focus is to hire and develop professional technicians who can build successful careers in one of the most critical areas of our business. At the ofcial opening, Sen. Leticia Van de Putte and Rep. Ruth Jones McClendon both spoke about the signicance of this training center to the youth entering the workforce. Without the strong voices of HOLT CAT and others in our business community, we cannot craft an education system that meets the needs of a future workforce, Van de Putte commented. HOLT CAT and the Caterpillar Dealer Excellence Fund recently contributed $54,000 in scholarships to nine Texas schools to support training of specialized technicians. Students and faculty attended the grand opening from two of those schools, St. Philips College and MacArthur High School, which are both located in San Antonio. mp
Being her own boss has proven to be rewarding for Rachel Hayden.
hen Rachel Hayden, president of Hayden Consultants Inc., began her business in March 2000, she went in with her eyes wide open. I wasnt at the point where I thought I knew everything I needed to know to run a company, but I knew enough to know what I didnt know! Hayden says. I understood that I had resources and people to call on for those things. With 10 years of consulting for other rms under her belt, Hayden had been encouraged by her mentors to start her own rm. She knew different professional challenges every day would prevent boredom. Hayden rst set up shop at her dining room table and then worked from a garage apartment built in her back yard before moving to an ofcial ofce. It was really exciting when I eventually got an ofce space, she says. It was almost surreal and hard to believe for the rst few months when I would come to
work and think, This is my ofce! Its still hard to believe sometimes. With 14 employees, Hayden Consultants Inc. has been recognized for four years as an Aggie 100 rm which ranks the 100 fastest growing Aggie-owned rms in the world. As honored as she is by the recognition, she is even more pleased that her employees, with whom she bonds over ofce poker nights and TopGolf games, enjoy working at her rm. I love that I get to provide a great place for people to work, she says. One of my goals when I started was that I wanted to provide a place where people wanted to come to work and where they felt they were really a part of something bigger than themselves. I have pretty low turnover, and Im really pleased with that. Dallas-based Hayden Consultants Inc. provides civil engineering consulting, surveying and construction management services. mjm

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