Winter 2008 Publication of ASSOCIATED Builders and Contractors of Michigan
Turtle Creek Casino: Green and Merit Shop Built
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ABC of Michigan’s Annual Competitive Contractors Summit Eagle Eye Golf & Conference Center, East Lansing, Michigan Wednesday, February 18, 2009 8:30 am – 4:00 pm This summit is specifically designed to equip ABC members with the knowledge they need to stay competitive in today’s ever changing labor and business environment. You’ll receive up-to-date state and local labor insights, legal updates and economic information which affects your business. You’ll learn more about critical issues that your company needs to be prepared to handle like:
• Employee Free Choice Act (Card Check) • Prevailing Wage & MIOSHA Compliance • Market Recovery Tactics • Michigan Business Tax – Contractor deductions and credits
Watch for registration information coming soon.
This is one seminar that you can’t afford to miss! 2 i Michigan Merit
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Winter 2008
Contents
Vol.2, Issue 4
5 Executive Perspective
6 TURTLE CREEK CASINO AND HOTEL CONSTRUCTED GREEN BY ABC MEMBERS When The Grand Traverse Band of Ottawa and Chippewa
Indians started to plan their new casino and hotel near Traverse City, the tribal leaders made a conscious decision to construct a modern facility combined with environmental and energy efficiency.
10 SIXTH CIRCUIT court of appeals RULES in favor of APPRENTICE RATIO LAW The Employee Retirement Income Security Act does not
preempt a Michigan law that sets ratio and equivalency requirements for apprentice electricians, the U.S. Court of Appeals for the Sixth Circuit ruled September 16th.
12 THE MBT SMALL BUSINESS ALTERNATIVE CREDIT: COMPLICATED, BUT WORTH THE EFFORT The implementation of the MBT will prove for many to be
more complicated than the SBT. However, complicated does not necessarily mean a higher tax to individual Michigan businesses, particularly for those in the construction industry.
16 ABC MEMBERS SPEAK-OUT ON BUSINESS SURVEY
Page 6
Turtle Creek is barrier-free and features a state-of-the-art air handling system, keeping the atmosphere always fresh throughout the entire facility.
Results of the recent Member Services Survey conducted by ABC of Michigan confirmed that the issues ranking highest for contractors in Michigan were finding and securing jobs followed closely by financial concerns.
23 ADVERTISERS INDEX
On the Cover:
The hotel entrance to the Turtle Creek Casino and Hotel complex built green using several ABC of Michigan Merit Shop Contractors.
legislative update
Election Update
Page 14
SPOTLIGHT on MEMBERs
Recognition and Awards won by Michigan ABC members
Page 18
around the state
Chapter News
Page 20 www.abcmi.com
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EXECUTIVE PERSPECTIVE ASSOCIATED BUILDERS and CONTRACTORS OF MICHIGAN
BOARD OF DIRECTORS
Dan Kozakiewicz - Chairman Three Rivers Corporation - Saginaw Valley Chapter John Parish - Vice Chairman Parish Corporation - Central MI Chapter David Sheffield - Secretary/Treasurer Onslow-Sheffield, Inc. - Southeastern MI Chapter Jim Struble - Past Chairman RCI Electric - Southeastern MI Chapter Bill Buyak Capital Steel - Central MI Chapter Jim Cripps Cripps Fontaine Exc. - Western MI Chapter Richard Dvorak Answer Heating & Cooling - Saginaw Valley Chapter Gary Hengesbach Westphalia Builders - Central MI Chapter Rod Kloha Circle “K” Service, Inc. - Saginaw Valley Chapter Aileen Leipprandt Smith, Haughey, Rice & Roegge - Western MI Chapter Bill Molnar Wm. Molnar Roofing Co., - Southeastern MI Chapter Dave Mollitor Consolidated Electrical - Western MI Chapter Fred Pylman P & K Steel - Western MI Chapter Jack VandeGuchte Sobie Company, Inc. - Western MI Chapter Dan Welch Welch Tile & Marble - Western MI Chapter Michigan Merit Contributors
Recently many ABC members participated in a statewide survey designed to guide chapters and the state association with ways to best enhance the many offerings that benefit ABC members. One survey response stood out as it really addressed the heart and soul of the purpose for ABC. The question asked, “What are the primary reasons you renew your ABC membership each year?” In lieu of selecting a listed response choice, many members opted to write-in an answer that was encouraging to read. The comment that so many felt compelled to write-in was that “ABC [is] the only trade group that works to promote and protect Merit Shop contractors.” This answer ought to make all Merit Shop firms proud of their ABC membership. There is probably no organization in Michigan where the value of membership extends so far beyond the realm of valuable tangible benefits like insurance, lobbying, networking, training, etc. and extends into the intangible reaches of principled belief. ABC stands out because of an idea. And ABC remains strong because of the undeniable truth that ideas have consequences. As we embark on 2009 ABC will keep you informed and is prepared to face a number of issues that will demand everyone’s attention--card check, apprenticeship ratios, project labor agreements, licensure expansion, prevailing wage, taxation, regulations, economic downturns, smaller margins, new training demands and legal developments. These will make 2009 a year of far-reaching significance. Yet at the chapter, state and national levels ABC stands undeterred.
Publisher - Christopher Fisher Managing Editor - Mary Boardway, CAE Editing & Advertising: Public Relations Enterprises Printing: BRD Printing, Inc. Art Direction: Connection Graphics, LLC
At every turn it will be that intangible, free enterprise philosophy of the Merit Shop that will be our guide and ensure that you have a strong, principled voice at home, across the state and throughout the nation. H
Michigan Merit (ISSN# 1938-9051) is the official publication of Associated Builders and Contractors Inc. of Michigan (ABC of Michigan) and is published quarterly at 120 N. Washington Sq, Suite 805, Lansing, MI 48933, (517) 853-2545. Please direct all inquiries to the previous address. Articles written by outside authors do not necessarily reflect the views of Associated Builders and Contractors Inc. of Michigan. ABC of Michigan reserves the right to reject or edit all material submitted for publication. The appearance of an advertisement in Michigan Merit does not constitute endorsement of the advertiser, its products or services, nor do Michigan Merit or Associated Builders and Contractors Inc. of Michigan guarantee or warrant any claims or offers made by the advertisers.
Yours for the Merit Shop,
Permission to reprint in whole or in part is hereby granted, provided the following credit line is used: “Reprinted by permission from Michigan Merit, a publication of Associated Builders and Contractors Inc. of Michigan.”
Chris Fisher President Associated Builders & Contractors of Michigan 120 N. Washington Square, Suite 805 Lansing, MI 48933 PH: 517-853-2545 • FX: 517-853-2546 • Web: www.abcmi.com
www.abcmi.com www.abcmi.com WINTER WINTER2008 2008
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FEATURE Article
Turtle Creek Casino and Hotel Constructed Green by ABC Members
The Turtle Creek Casino and Hotel complex features a main entry canopy of structural steel that is exposed and shows off the workmanship of ABC of Michigan member, Steel Supply and Engineering of Grand Rapids.
When The Grand Traverse Band of Ottawa and Chippewa Indians started to plan their new casino and
hotel near Traverse City, the tribe wanted to build more than a building. Tribal leaders made a conscious decision to construct a modern facility combined with environmental and energy efficiency. The result is Turtle Creek Casino and Hotel, a facility that embraces a contemporary design consistent with ecofriendly components. Although ‘Green’ in reality, the new complex could not qualify for official LEED (Leadership in Energy and Environmental
Design) certification because it is a smoking facility, according to Andy LaPointe, senior construction manager and owner representative for the Grand Traverse Resort & Casinos Economic Development Corp. “Technically we cannot get LEED certification without a smoking ban, which is not consistent with operating a casino,” he explained. “That being said, we have enough points to meet LEED due to the design; if it wasn’t for being a smoking facility. We remove 100 percent of smoke and move fresh air back into our complex for our customers. That is one of the keys. We have a raised flooring system and we exhaust out the bad air and filter it before we send it outside.” La Pointe said the tribe also wanted a professional and seasoned construction team to make the casino a reality and turned to Michigan-based ABC member companies to work with its general contractor PCL Construction of Minneapolis, Minnesota. ABC of Michigan members included Kerkstra Precast, Materials Testing Consultants, Architectural Glass & Metals (AGM), and Steel Supply & Engineering.
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An Impressive Design At a cost of $80 million the 360,000 square foot casino and hotel complex opened this spring. Prior to construction, the old 70,000 square foot facility had to be demolished, and that was done in an eco-friendly manner. “We recycled the materials from the old building demolition. Not much ended up in a landfill. All asphalt was recycled,” La Pointe noted. “With a job of this size, we had a number of subcontractors and worked with American Waste Co. Everything went to a recycle station. While it wasn’t separated on the job site, it was separated at the recycle center.” La Pointe had high praise for ABC member subcontractors who were a big part of making the project such a success. He noted the process used by Kerkstra Precast which maintained a controlled environment and thus was more cost efficient and reduced construction time. The complex was built using a state of the art precast truss designed that is patented by Ericksen Roed Associates. Kerkstra Precast is the only producer in Michigan with the rights to use this design and Turtle Creek Hotel and Casino was the fifth project in the world that was built using this unique form of construction.
Driving into the parking lot, the Turtle Creek complex appears to rise from the earth with a green roof, a rarity in casino design. Your first view is the exterior of the Casino which features a plaza framed by two large reflecting pools and graced by trees and plantings that recall the forests and fields of Northern Michigan.
“Technically we cannot get LEED certification without a smoking ban, which is not consistent with operating a casino. That being said, we have enough points to meet LEED due to the design…” – Andy LaPointe, Senior Construction Manager and Owner Representative Grand Traverse Resort & Casinos, Economic Development Corp.
“The reason we used the precast truss system was schedule and winter conditions. By fabricating the structure off site, it gave us more time to design the foundations and get them in prior to having to start on the vertical structure, which the engineers needed,” said Bart Bodway of PCL Construction. “Also, since we would have been pouring concrete vertically in the middle of winter, it adds to the cost of the concrete. Precast ended up being more economical.” According to Greg Kerkstra, president of Kerkstra Precast, there are currently six projects completed using precast, two still in construction, and many in the design phase. “Turtle Creek Hotel and Casino was originally planned as a cast in place concrete structure,” said Kerkstra. “With an extremely tight schedule and a mid-winter start in northern Michigan, precast became an alternative for the project because of the required speed of construction and all weather fabrication and erection.” All 841 precast pieces were shipped to the jobsite on 198 loads between March 22 and May 31, 2007. The building’s nine story structure was erected in 49 working days, 10 weeks.
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FEATURE Article qualities of the year. “My favorite part of the new casino and hotel complex is the main entry canopy,” said Jim Schueler, vice president and general manager of Steel Supply and Engineering. “In this area, the structural steel is exposed and shows off the workmanship of our product. ABC member, Steel Supply and Engineering fabricated and installed over 2.5 million pounds of structural steel. “The structural steel is made up of 95 percent recycled material. This contributed significantly to the overall green building goal of the Two massive water walls are illuminated with LED lighting that captures and contrasts seasonal qualities of the year. project,” he said. The exterior features metal panels plus brushed and polished stainless steel panels that reflect the sky and surrounding landscape. According to Jon Mutual, managing partner of Architectural Metal Services of AGM, the entire design process “With an extremely tight schedule and a mid-winter start in northern Michigan, precast became an alternative for the project because of the required speed of construction and all weather fabrication and erection.” – Greg Kerkstra, president, Kerkstra Precast
focused on the exterior cladding which highlighted a natural and completely recyclable alloy material. He said in the end, the cladding material of choice was plus or minus 60,000 square foot of 22GA stainless steel in the form of a parallelogram shaped flat-lock wall tile. “AGM was intimately involved in the final design and sizing of the actual cladding system,” Mutual added. “We were able to minimize waste and maximize the use of a standard 4’x 8” sheet of stainless steel in the fabrication process. Technically speaking, the waste factor per 4’x8’ sheet of stainless was less than 3 percent and all recycled.” He said all field-cutting scraps, drops, and leftover from the installation process were diligently accumulated and recycled as well.
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Two massive waterwalls and a stunning glass and steel portico entrance are illuminated with LED lighting that captures and contrasts seasonal
According to Schueler, his engineering company was involved early on with the project. “Even through several major design changes that affected the entire structure, we maintained the project schedule. This took an incredible effort by everyone at SSE, along with precise coordination with PCL Construction,” he emphasized. LaPointe also highlighted that in addition to environmental friendly commitment made by the Grand Traverse Band of Ottawa and Chippewa Indians in the construction of its facility, there we other beneficial by-products for the community as well. “We made a large capital investment to bring natural gas to the property, rather than using propane. Natural gas is clean burning and we ran about 4 miles of gas lines to the site,” he said. Now those homes located along the gas line leading to Turtle Creek have the option of connecting to natural gas. Other features at Turtle Creek include: • Outdoor and indoor lighting that continued on p. 22
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COMPANY HIGHLIGHTS INDUSTRIAL SERVICES OFFERED: INDUSTRIES SERVED BY GSI: • Industrial Construction & Maintenance • Petrochemical/Chemical • New Construction • Power/Cogeneration/Geothermal • Shutdowns/Turnarounds • Food Processing • Procurement • Oil and Gas Refining • Pipe Fabrication/Welding • Pulp and Paper • Electrical • Offshore • General & Electrical Contracting • Pharmaceutical • Steel/Rebar Erection/Structural Steel • Manufacturing • Mechanical/Plumbing • Automotive • Instrumentation/Automation • Mining and Minerals • Concrete–Formwork Core Values Powered by People Success is realized through people. Operations Driven Focus on field operations providing the necessary support, appropriate responsibility, and authority to succeed. Be the Best Strive for excellence, continuous improvement and innovation in everything we do. Integrity Be fair and ethical in all we do. Can-Do Attitude Aggressively pursue challenges with a sense of urgency, desire to succeed, and a commitment to hard work and having fun.
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www.abcmi.com
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FEATURE Article
Sixth Circuit court of apPeals Rules in favor of Apprentice Ratio Law
By Jo-el J. Meyer
The Employee Retirement Income Security Act does not preempt a Michigan law that sets ratio and
equivalency requirements for apprentice electricians, the U.S. Court of Appeals for the Sixth Circuit ruled Sept. 16 in lifting an injunction issued in 1992 that barred the state from enforcing the apprenticeship laws (Associated Builders & Contractors, Saginaw Valley Area Chapter v. Michigan Dep’t of Labor & Economic Growth, 6th Cir., No. 07-1639, 9/16/08). In ruling that the Michigan Department of Labor and Economic Growth can now enforce the ratio and equivalency requirements set out in the state’s electrician apprenticeship
law, the three-judge appellate panel found that the state law imposed mandates on apprenticeship training programs, but those mandates did not affect ERISA-regulated concerns. According to the appeals court, the policies underlying the ratio and equivalency rules, which were aimed at the safety of electrical apprentices, are “quite remote from the areas with which ERISA is expressly concerned.” The court found, among other things, that if ERISA preempted the apprenticeship law, it would result in states being prevented from regulating the safety of apprentices and the standards of electrical apprenticeship, areas that traditionally have been regulated by the states.
Ratio and Equivalency Requirements In 1990, the Michigan Legislature amended the Michigan Electrical Administrative Act (MEAA) to add ratio and equivalency requirements. The requirements were added to ensure that electrical apprenticeship programs in Michigan met requirements equivalent to those imposed by the federal Department of Labor and that the ratio between licensed electricians and apprentice electricians generally be one-to-one per job site. The Associated Builders and Contractors Saginaw Valley Area Chapter filed a lawsuit in 1991 against the Michigan Department of Labor and Economic Growth to prevent the state from enforcing the MEAA’s ratio and equivalency requirements. The organization argued that the requirements were preempted by ERISA. In 1992, the U.S. District Court for the Eastern District of Michigan ruled that the ratio and equivalency requirements were preempted by ERISA (Associated Builders & Contractors, Saginaw Valley Area Chapter v. Perry, 417 F. Supp. 49, 15 EBC 2919 (E.D. Mich. 1992)). As such, the district court issued an injunction ordering the state to refrain from enforcing the ratio and equivalency requirements. The state of Michigan did not appeal the injunction.
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Nearly 14 years later, the Michigan Department of Labor and Economic Growth filed a motion to dissolve the 1992 injunction. The department argued that numerous
decisions by the U.S. Supreme Court and the federal appeals courts had clarified ERISA preemption and supported a finding that ERISA would not preempt the ratio and equivalency requirements of the MEAA. In April 2007, the district court denied the department’s motion to dissolve the 1992 injunction. The district court reasoned that the MEAA provisions had an impermissible “connection with” ERISA plans by setting out the conditions for the existence of an electrician apprenticeship program and the terms for its continuance without incurring an action by the enforcing state agency (53 CLR 224, 4/11/07) (40 EBC 1904).
No Impermissible ‘Connection With’ ERISA Found The department then appealed to the Sixth Circuit, arguing that the state should be allowed to enforce the MEAA’s ratio and equivalency requirements because they were not preempted by ERISA. The appeals court, in a decision written by Judge Jeffrey S. Sutton, agreed with the department and lifted the injunction so as to allow the state to enforce the ratio and equivalency requirements.
of state laws regulating not just apprenticeship standards but also the medical profession, day care centers and the practice of law.” “[A]s with state laws that undoubtedly will prevent ERISAgoverned outfits from providing some forms of medical care, prepaid legal services and day-care services, state laws that prevent electrical contractors from providing some form of apprenticeship training address matters that ‘are quite remote from the areas with which ERISA is expressly concerned,’ “ the appeals court said. Judges Deborah L. Cook and Judge Thomas M. Rose joined in the opinion. On December 16, 2008, the ABC Saginaw Valley Chapter, represented by David John Masud and Katherine S. Gardner of Masud, Patterson, Schutter, Peters & Vary, P.C., filed a Petition for Writ of Certiorari to the U.S. Supreme Court, to overturn the Appeals court ruling. H Text of the decision may be accessed at: http://pub.bna.com/pbd/071639.pdf.
According to the appeals court, for a state law to have an impermissible “connection with” an ERISA plan that would lead to ERISA preemption: (1) the state law must mandate something and (2) that mandate must fall within the area that Congress intended ERISA to control exclusively. Looking to the MEAA’s ratio and equivalency requirements, the appeals court found that the requirements contained clear mandates. The mandates, however, did not fall within an area that Congress intended ERISA to control exclusively, the appeals court found. Among other things, the appeals court noted that what triggered ERISA’s potential application to the apprenticeship requirements was not the existence of an ERISA-regulated apprenticeship training program, but the existence of a separate fund to support the training program. “[T]he allegedly preempted laws concern substantive apprenticeship training standards, not matters directly related to the fund, prompting us to wonder why Congress would want the States’ public-safety authority to regulate the substantive apprenticeship training standards to turn on how those plans are financed,” the court said. In addition, the court found that if ERISA preempted the apprenticeship laws, then ERISA might preempt “all sorts of laws of general applicability that affect ERISA plans, a view that would preempt a slew
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BUSINESS DEVELOPMENT
The MBT Small Business Alternative Credit: Complicated, But Worth the Effort After wrangling with the Single Business Tax for 30 years, one of
the original intents of the Michigan legislature and Department of Treasury in crafting the Michigan Business Tax, or MBT, was to simplify the business tax filing process. At least for the next few years, the implementation of the MBT will prove for many to be significantly more complicated. However, complicated does not necessarily mean that the calculations will result in a higher tax to individual Michigan businesses, particularly for those in the construction industry. One of the biggest complaints regarding the old Single Business Tax, or SBT, was that a company could lose money yet have a significant Michigan tax bill from the add-back of employee compensation, depreciation and interest expenses, which are often disproportionately large in the construction trade. In football, this is referred to as piling on! At least for some in the business, this will not occur with the MBT because of the Small Business Alternative Credit, or SBAC. Essentially, this credit reduces the qualifying taxpayer’s MBT to a level equal
12 i Michigan Merit
to 1.8% of adjusted business income. If the taxpayer’s adjusted business income is a loss, their tax would be zero.
What is adjusted business income and how do you qualify for this SBAC?
By Gary Reidlinger
eliminations. If unitary gross receipts are greater than $19,000,000, but less than $20,000,000, the taxpayer will qualify for a reduced SBAC.
Let’s look first qualification, or in the terminology of the MBT, the “disqualification” requirements. Unfortunately, to do so we will also have to bring in a concept that is totally new with the MBT. That concept is “unitary” taxation. Essentially, unitary taxation is the requirement that the MBT tax filings of related businesses must be combined if those businesses meet certain ownership and operating relationship tests. For some calculations, intercompany transactions are eliminated.
The third disqualifier, which is determined on an entity by entity basis, is that the taxpayer is disqualified if any individual, partner, shareholder or an officer of a regular corporation has an allocated or distributive share of income in excess of $180,000. If this calculation of owner/ officer income is between $160,000 and $180,000, the taxpayer will qualify for a reduced SBAC. However, if the same individual, partner, shareholder or officer has an allocated or distributive share of income less than $160,000, each from more than one member of the unitary group, they are not disqualified even though their share in total exceeds $180,000.
If there is a unitary group, two of the three disqualifiers for the SBAC must be computed based on the unitary whole. A taxpayer is disqualified from the benefits of the SBAC if its gross receipts exceed $20,000,000 or if its adjusted business income exceeds $1,300,000. Both of these tests are determined on a unitary basis, without the benefit of intercompany
Although you might expect so, adjusted business income is not the same as the business income tax base calculated on the Michigan Business Tax Annual Return. The business income tax base consists of federal taxable income plus any interest or dividends derived from obligations or securities of states other than Michigan. Added to the extent deducted in arriving
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While this revolving calculation may seem a bit convoluted, there is a rationale for the – Gary Riedlinger, CPA, PFS mechanizations. Aside Yeo & Yeo, P.C., CPAs & Business Consultants from the calculation of the two distinct taxes at federal taxable income are state and comprising the Michigan Business Tax local income taxes including the Michigan as well as the aforementioned surcharge, Business Tax; carryback or carryover the MBT also includes over 35 different of federal net operating loss; certain potential credits, some of which are royalty, interest and other expenses paid refundable and most are limited by some to a related person not included in the form of calculation or another. unitary group; and losses attributable to flow-through entities not included in For those of you who qualify for the SBAC, the unitary group. Subtractions to arrive you should see a significant reduction at the business income tax base include in your Michigan Business Tax liability interest income derived from obligations from your otherwise calculated amount. of the United States; income attributable Although the new Michigan Business Tax to flow-through entities not included in has been in effect since January 1, 2008, the unitary group; dividends and royalties we have only recently seen drafts of the received from foreign entities; and net earnings from self-employment. “Essentially, this credit reduces the qualifying taxpayer’s MBT to a level equal to 1.8% of adjusted business income.”
Adjusted business income, however, has several differences. It also starts with federal taxable income but ignores most of the additions and subtractions comprehended by the business income tax base. Added to federal taxable income is any federal net operating loss carryover or carryback and any capital loss deducted on arriving at federal taxable income, including amounts used to offset capital gains. Also added back to arrive at adjusted business income is compensation and directors’ fees of active shareholders and/or officers of regular corporations.
We build trust.
The Small Business Alternative Tax is then calculated by multiplying the adjusted business income by 1.8%. We are not finished here. The Small Business Alternative Credit is then calculated as the difference between the Small Business Alternative Tax and the sum of the taxpayer’s calculated modified gross receipts tax, its business income tax and its annual surcharge reduced by any Single Business Tax credit carryforwards, the MBT compensation and investment tax credit and the MBT research and development credit.
forms to be filed and many questions are still to be answered. We believe that the Michigan Business Tax in general and the Small Business Alternative Credit in particular are considerably more complicated than the old Single Business Tax and it is strongly recommended that you contact a qualified tax advisor to prepare for this year’s filings. H Gary Riedlinger, CPA, PFS, is a Tax Research Specialist at Yeo & Yeo, P.C., CPAs & Business Consultants headquartered in Saginaw, Mich. Yeo & Yeo also has offices in Alma, Ann Arbor, Bay City, Flint, Kalamazoo, Lansing, Marlette and Midland. Call 1 (800) 968-0010 or e-mail garrie @yeoandyeo.com for more information.
Smith Haughey Rice & Roegge can help keep your project on track from day one. For decades, we’ve represented contractors, design professionals, and sub-contractors, in every aspect of the construction process. Today, our Construction Law Team includes 16 attorneys who have specific construction industry experience, so you can rely on us for any legal need that may arise. Put your trust in our knowledge and expertise.
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2/29/2008 4:38:15 PM
LEGISLATIVE UPDATE
Election Wrap-up November’s election was disappointing on many fronts but it also
has resulted in new calls for principled leadership throughout the State House and Senate to ensure friends of the Merit Shop right their course in time to tackle the electoral challenges that we will face in 2010. Although 70 percent of the ABC endorsed candidates for the legislature won their elections, there were some setbacks. In the state legislature, the Democrats increased their majority by ousting republican candidates in traditionally close seats, primarily in southeastern Michigan.
In 2010 the Attorney General’s and Secretary of State’s seat will open up. These will be tight races. In 2010 Governorship will open up. This will also be a tight race. Indeed, 2010 has all of state government on the line and ABC is already working to defend and advance the free enterprise philosophy at every level.
ABC Fights to Stop Unnecessary Sprinkler Fitter Licensure
The balance of power for the Michigan Supreme Court also shifted following the stunning loss of Chief Justice Cliff Taylor. The high court now will shift to a 4-3 activist majority. Despite the disappointing outcome of several state level races, the real test for Michigan is still two years out. Control of the Senate, House and Governorship remain for the next two years what it has been for the previous two years. In 2010, however, the stage is set for the most important election in state history. 2010 will truly be a watershed year in Michigan. Here are the stakes: In 2010, for the first time in state history and due to term limits, 31 of 38 State Senate seats will be open seats. Currently Republicans have a narrow two seat majority. This could easily be overturned. In the state house, because of term limits and due to the unprecedented turnover in the Senate, at least one-third to onehalf of all 110 State House seats could be open seats.
14 i Michigan Merit
the public health, safety, and welfare. “There is nothing that this bill guarantees that is not already guaranteed through the building code,” Fisher told members of the committee as well as the entire house in a memo later delivered to all 110 members of the House of Representatives. ABC also explained that HB 6353 essentially serves as a new tax on the building and construction industries by requiring new and unfounded fees on businesses. “In an already poor economy, this would leave builders and contractors in Michigan struggling and being forced to incur additional cost and fee increases that will threaten jobs, hurt businesses and worsen our state economy,” Fisher concluded.
New House Republican, Senate Democrat Leaders Elected
Appearing before the House Regulatory Reform Committee, ABC of Michigan President Chris Fisher laid out ABC’s position in opposition to House Bill 6353 (HB 6353) that would mandate the licensure of sprinkler fitters and installers. This would be in addition to Forbes Mechanical Contractors Act requirements that already licenses sprinkler and fire suppression contractors.
The House Republicans and the Senate Democrats elected new leadership following the elections. The Senate Democrats elected Senator Mike Prusi (D-Ishpeming) to head their caucus while the House Republicans elected Representative Kevin Elsenhiemer (R-Bellaire) to head their caucus.
In addition to arguing that new sprinkler installation licensure mandates are not needed due to current contractor licensing that is already required, Fisher also pointed to Michigan Department of Labor and Economic Growth conclusions that the state building code already protects
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Rep. Kevin Elsenhiemer, (R-Bellaire)
continued on p. 22
Call ABC of Michigan or En terprise today to discover the savings that can be yours and Experience the Benefits of ABC Membership
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member Survey Results
ABC Members Speak-Out on Business Survey
Coming as no surprise the economy was the top issue of concern expressed by ABC members in a recent Member Services Survey conducted by ABC of Michigan. The survey was available on-line through October and members were invited to participate. Issues ranked highest were finding and securing jobs and then financial concerns (specifically getting paid for jobs). Members found that the greatest obstacle to doing business in Michigan is the increased costs and decreased bid opportunities (decline in commercial construction).
The difficulty in finding and securing jobs is the primary task that keeps owners and managers from activities that generate income. ABC members ranked help with finding work as the most valuable new benefit that ABC could add to their Member Services. As we found with our survey on the Michigan Business Tax completed several months ago; staying in business in Michigan is a top concern for most commercial construction companies in our state. The
As Congress looks for solutions to our economic problems...
next biggest concern (not closely ranked, however) was succession planning followed closely by information on finding jobs outside of the member’s home region.
Survey Reflects Membership Makeup 129 members responded
representing 12 percent of full membership in ABC Michigan. 46 percent of responses came from Western Michigan members, 20 percent from Saginaw Valley, and 17 percent each from Central Michigan and Southeastern Michigan. The percentages are representative of the membership numbers from those chapters. The respondents accurately reflected the make-up of the membership across the state with 60 percent being subcontractors, 20.5 percent general contractors and 19.5 percent were associate or supplier members.
The anti-worker card check legislation isn’t the answer.
9.3% unemployment rate, highest in the nation
At a time of economic uncertainty, Congress should not enact measures that threaten our economic competitiveness, including the misnamed Employee Free Choice Act. This “card check” legislation poses not only an assault on an individual’s right to privacy, but a direct threat to economic growth and job creation and would have a particularly devastating impact on small employers who are the primary source for new jobs in our economy. Protect jobs and the secret ballot. Oppose the Employee Free Choice Act. It’s no choice for workers.
www.myprivateballot.com
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The results of the survey yielded information that will allow the state association and the chapters to effectively develop and market necessary member services for the members that will increase the value of their membership.
New Member Benefits Several tangible benefits ranked highly in the survey results also. All
ranking within a few percentage points were: Additional business insurance products, additional employee benefits, technology products, services and training and on-line project plan services. Also, financial services such as lines of credit or credit cards and administrative services such as human resources or bookkeeping were also requested.
The current benefits offered by ABC of Michigan and the ABC chapters were still highly rated as valuable and useful including workers compensation insurance, employee benefits, networking opportunities, legislative representation and information, and industry information.
Labor Issues
However, when a project becomes available, the fighting is fierce. Since Merit Shop companies are most often low bidder, unions often seek to gain an advantage through pre-emptive measures such as union-only Project Labor Agreements.
Merit Shop Philosophy Still Important
Surprisingly labor problems, As much as the experts tell us dealing with labor issues and union- ideology and philosophical concepts no
izing efforts did not rank high among the members concerns or problems in this survey. The reality of the economic crisis is born out in the fact that when there is no work to get, there is nothing to struggle over. All small business owners are fighting the same battles no matter where they fall on the union vs. merit shop debate. This can also be said as we look into other industries. Our economic woes tie together all the industries and professions that are part of it.
longer inspire people to belong to an association or cause, this wasn’t borne out in our survey. Passing over the prepared responses and selecting to type their own response, many members took the time to list The Merit Shop & Free Enterprise Philosophy as the primary reason they choose to belong to ABC. Having a larger voice and knowing that philosophy is shared by others is important enough for many members to compel them to write a check year after year.
Entering into that support of the Merit Shop Concept is how much it eases members’ minds to know that their association is keeping track of proposed legislation, both nationally and at the state level that may be detrimental to their ability to do business. Watching out for their businesses is an intangible that many members find very valuable. It allows them to go about the business of running their business knowing someone else is taking care of things in Lansing and Washington DC. The information ABC of Michigan has gained as a result of this survey will assist the state office and all four chapters in the state in determining what is important to add to their programming and services, what is already working, what needs more marketing, what could be eliminated or downscaled and how to continue providing the membership with value. H
The Merit Shop Celebration Starts Here Join us in Honolulu! You are invited to join thousands of construction executives from across the country at the 2009 ABC National Convention, February 25-March 1, in Honolulu. The luxurious Hilton Hawaiian Village provides a premier setting to participate in four days of convention activities, including targeted networking, education and much more!
www.abc.org/convention www.abcmi.com
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spotlight on members
Central Michigan Ryan Henry, Vice-President and Co-Founder of Kincaid Building Group was a winner of the prestigious 10
over the next 10 awards, which recognizes ten successful, young professionals as people to watch over the next ten years. The award is a joint venture between the Lansing Regional Chamber of Commerce, The Greater Lansing Business Monthly and Grand River Connection. Kincaid Building Group is a general contractor, construction management and design company, with an emphasis on urban development and green building. Henry has participated in the redevelopment of both downtown Lansing and East Lansing.
ABC members donated $100,000 in time, talent and materials to the Extreme Makeover: Home Edition
project that took place in Holt, Michigan. The crew included 75 workers from ABC member firms. The episode covering the midMichigan project aired on ABC November 30th.
ABC members that participated in the build include A/C Electrical Contractors, B & D Electric, Capitol City Electric, D.L. Kesler & Sons Construction, Hedlund Plumbing, Hosford Brothers Concrete, MacKenzie Companies, McPhee Electric, Premier Electric, Spink InABC Members gave their time and skill to make sulation and Trian- a difference. gle Associates. The general contractor for the project was Mayberry Homes. Each of the contributing companies saw this project as a way of giving back to the community and to make a real difference in the life of a needy family in the area. This was a practical example of the caring and community spirit that is prevalent among ABC members. H
Saginaw Valley Brad Blasy, Blasy Electric won the $100 gas card for partici-
pation in the on-line ABC MI Member Survey. Thank you to Brad and the other members from all four chapters that participated in the survey during the month of October. We appreciate your time and input.
Ed MacKenzie of MacKenzie Companies, a Central Michigan Chapter member, volunteering at the site.
The Apothecary Shoppe recently announced they received a
contract from the Michigan Department of Management and BudThe project began on Sept. 26th for the Nickless family whose get and an expansion of their current facility which will mean the deteriorating 148-year-old farmhouse was home to mother, Ar- addition of 200 new jobs over the next two years in the Midland lene and her three young sons. Husband and father, Tim, died in area. January of 2008.
Bill Washabaugh, Jr., vice-president of Northern Concrete credits the company’s 150 employees for its success
saying that although the company does most of its work in Detroit and Grand Rapids, it has made a decision to stay in the Bay City area because of the caliber of its staff. In order to stay competitive the staff has to be much more efficient than their competitors, and to their credit, they do it.
Wolgast Corporation is celebrating 60 years in the construcABC members donated everything from site work to finishing touches.
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tion business in Michigan. It specializes in dental, educational, industrial and restaurant construction and is a founding member of the Saginaw Valley Chapter. Congratulations Wolgast! H
Southeastern Michigan ABC Southeastern Michigan Chapter members were
out in force to support the candidates at the 8th annual Barn Bash hosted by Congressman Mike Rogers. Nearly 25 ABC members along with staff and friends showed their support for a congressional leader that has earned one of ABC’s most prestigious political awards. The Barn Bash is one of the most anticipated political events of the year and draws members from all corners of the chapter for an evening of fantastic food, lively entertainment, and a huge bon fire which burns well into the night. The crisis surrounding the nation’s financial intuitions made it impossible for the guest of honor to attend, however, there were several other candidates and elected officials on hand to socialize with members. Members had the opportunity to meet with Senate Majority Leader Mike Bishop and the congressman’s brother, Bill Rogers who won his race for the Michigan House of Representatives in the 66th district. These are some of the Southeastern Michigan faces that were spotted in the crowd that evening: Dave and Janice Sheffield, Onslow-Sheffield, Inc.; Bob and Linda Beesley, Flo-Aire Heating & Cooling; Mark Onslow, Onslow-Sheffield, Inc.; Dennis Siekierski, Spectron Denken Electric and Rich and Mary Ann Helm, lifetime member and craft instructor. H
Western Michigan Congratulations to the following companies
whose projects were winners in the Western Michigan Construction Awards this year:
Allied Mechanical Services, Inc. • City of Wyoming Clean Water Plant - Stage 2 Improvements • Holland Hospital Expansion Architectural Glass & Metals • Spectrum Health Lemmen • Holton Cancer Pavilion Brigade Fire Protection, Inc. • Metro Health Hospital Buist Sheet Metal Company • The American Cancer Society Hope Lodge, Peter M. Wege Guest House CSM Group • Battle Creek Health Systems Urgent Care • Greenleaf Trust Building • Girl Scouts of Glowing Embers Council Program & Training Center • Miller Canfield Building • Otsego Public High School
Dan Vos Construction Company, Inc. • Display Pack Erhardt Construction • City of Wyoming Clean Water Plant - Stage 2 Improvements Kent Companies, Inc. • River House Tower Kerkstra Precast Inc. • Creative Merchandising Systems • Turtle Creek Hotel Lamar Construction Company • Wacker Construction Equipment AG Langerak Roof Systems • Haworth Center Renovation Northwest Kent Mechanical • Grand Rapids Public Schools - Harrison Park Middle School Owen-Ames-Kimball Co. • Grand Haven Area Public Schools High School Athletic Complex Parkway Electric & Communications, LLC • City of Wyoming Clean Water Plant - Stage 2 Improvements • JW Marriott Grand Rapids • Cherry Street Health Services Pioneer Construction • Spectrum Health - Lemmen-Holton Cancer Pavilion • Gerald & Jane-Ann Postma Center for Worship & Education Ritsema Associates • Grand Rapids Art Museum Rockford Construction • Inner City Christian Federation • JW Marriott Grand Rapids • Grand Rapids Art Museum Sobie Company, Inc. • Meijer Majestic Theatre Steel Supply & Engineering • Calvin College - Spoelhof Fieldhouse Complex • Grand Rapids Art Museum Triangle Associates, Inc. • The American Cancer Society Hope Lodge, Peter M. Wege - Guest House Wolverine Building Group • Johnson Controls • Riverwatch Condominiums H
www.abcmi.com
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AROUND THE STATE - Chapter news
Central Michigan Chapter 1501 Rensen St, Suite C Lansing, MI 48910 517.394.4481
Southeastern Michigan Chapter 31800 Sherman Ave. Madison Hts, MI 48071 248.298.3600
At the Central Michigan Chapter’s annual dinner meeting on October 29, four board members were elected On September 12, ABC Southeastern Michigan for 2009. Beginning a three year term are Corey Hannahs of Integrity Electric, James Kline of Tradesman International, and marked the “official” opening of its Chapter office returning to the board is John Parish of Parish Corporation who will also be the board chairman for ABC of Michigan in 2009. Also elected to serve a second term was Tim Kesler of D.L. Kesler Construction. The 2009 Central Michigan Chapter Chairman of the Board will be Scott Gillespie of The Gillespie Company.
and Educational Training Facility. Over 200 members, their employees, family, guests, instructors, and staff joined in what was branded by the Southeastern Michigan chapter as ‘Our Dream Come True’.
Outgoing board members are: Dave Clark of Clark Foundation Company, Robert Hedlund of Hedlund Plumbing, who was also recognized as the 2008 Merit Shop Member of the Year, and the 2008 Chairman Gary Hengesbach of Westphalia Builders. All were recognized for their service to the Chapter. H
Saginaw Valley Chapter 4520 E. Ashman Rd, Ste G Midland, MI 48642 989.832.8879
ABC National incoming chairman Jerry Gorski
The facility bears the name of one of the driving forces behind Southeast Michigan’s education department: past Education Chairman, Ralph Bourdeau, who recognized the necessity for students to have the opportunity to learn side by side with their instructors in a hands-on environment.
addressed attendees at the chapter Holiday Event on December 11th at Zehnder’s in Frankenmuth. Following Gorski, magician and comedian Chris Linn entertained the group to make the evening both fun and informative. The event was well attended with several companies using this occasion as a holiday party for their hardworking staff members. H
Announcing ABC of Michigan’s new team helping to produce the Michigan Merit magazine and Annual Directory – Anthony Kalogeridis and Betty Lou Detscher. They will be assisting ABC of Michigan with ad sales beginning with the 2009 issues of the magazine and directory. ABC is working with Anthony and Betty Lou to help us grow both the magazine and directory and to continue to uphold the professional quality of the publications.
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Many members of the Bourdeau family were in attendance to dedicate the new training facility.
Make sure when they call your office in the coming weeks that you ask them about the new discounts available for 2009. Want to get a prime position in the 2009 publications? They are sold on a first-come, first-served basis so call Anthony or Betty Lou NOW at (313) 884-3550 or contact them by email at anthonykal@comcast.net
Included in the guest list were nearly 40 members of the Bourdeau family who witnessed the ribbon cutting and dedication of the Ralph Bourdeau Training Center. Family members from as far away as Toronto, Ontario Canada, came to take part in what will be remembered as an historic day for this ABC chapter. Notably in attendance for the ribbon cutting ceremony was long time ABC friend, Congressman Joe Knollenberg, Madison Heights’ Mayor Ed Swanson, and several members of the city council. Also joining in on the celebration was ABC National President and CEO Kirk Pickerel, ABC of Michigan President Chris Fisher, and ABC Western Michigan President John Doherty. Performing the ribbon cutting ceremony and officially announcing the opening of the ABC Southeastern Michigan Chapter were the 2008 Chapter Board of Directors.
time on line, completing instructor assignments. Each module gives the student the opportunity to view topic or job specific videos and reinforce learning concepts through interactive exercises. Typically 1/3 of the student’s time is spent on-line, 1/3 in the classroom and 1/3 in the hands-on lab. This change has optimized the use of our buildings. We now have free classroom space that can be utilized for specialty classes. Need a class for your business….looking for something special to keep your workers up-to-date and well trained? Please call the chapter office to schedule something specifically to meet your needs. H
Western Michigan Chapter 580 Cascade West Pkwy Grand Rapids, MI 49546 616.942.9960
The chapter’s highly successful Construction Awards Banquet was held on October 21, 2008
at the Pinnacle Center in Hudsonville, MI. Twenty-one ABC Western Michigan members won awards for projects in 35 different categories. Company and project details are highlighted in the “Spotlight on Members” column in this issue and can be viewed in their entirety at www.abcwmc.org by clicking on the link on the home page.
The Western Michigan Chapter’s Holiday Luncheon on December 9th, also at the Pinnacle Center featured labor
ABC SEMI Members, guests and Bourdeau family members joined to celebrate the opening of the new building.
lawyers David Buday (Miller Johnson) and Don Lawless (Varnum Riddering) preparing members for the fallout of the election with a discussion on Big Labor’s Market Recovery Agenda and what it means to Merit Shop contractors in Michigan. H
To offer more training services beyond apprentice and craftsman training, the Construction Trust staff has
been working hard to expand their curriculum. Their goal is to offer classes that will keep all of your workers, up-to-date and safe in your working environment. Here’s what’s scheduled: Insulation Test Power February 20, 2009 6:00-9:00 pm February 21, 2009 9:00-12:00 am Quality 6 hour class March 14, 2009 March 21, 2009 Excavation/Trenching Safety February 11, 2009 This year CET started delivering part of the curriculum on-line through the Contren Online learning System. For the first time, students now have the opportunity to spend part of the learning
is your ad missing from the maga zine?
2008 Winter
: Casino Built Creek op turtle d Merit sh an Green
If so, you are missing an opportunity to showcase your company with the construction industry across the entire state. Your ad, in this one publication, will reach all the nearly 1100 ABC of Michigan member companies, several nonmembers and key decisionmakers and policy makers throughout the state – now that’s value! Advertising in Michigan Merit is the onestop source for effectively marketing statewide to the merit shop construction industry in Michigan. Make sure you don’t miss this valuable opportunity again – your competitor won’t. Visit www.abcmi.com or contact Anthony by phone at (313) 884-3550 or by email at anthonykal@comcast.net to make sure your ad is in the next issue. at i o
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LEGISLATIVE UPDATE
FEATURE Article
continued from p. 14
continued from p. 8
Both individuals reside in northern Michigan with Prusi being the first person from the Upper Peninsula to head a legislative caucus in more than 30 years.
alternates with changing qualities — cool blues, spring greens, warm reds, and harvest yellows that slowly shift to present a constantly engaging experience. • A barrier-free Casino that is bright, open and airy. The 50-foot high sloping ceilings and walls are white. A massive central 30foot tall multi-colored waterwall framed by two escalators leads to the upper floors where you’ll find the Mid-Level Bar, Level 3 Lounge, Coffee Spoon, ballroom, Native American Cultural Display, and the 137room hotel.
Sen. Mike Prusi, (D-Ishpeming)
A former mine worker, Mr. Prusi attended Lansing Community College and Northern Michigan University and was a local president with the Steelworkers union. Meanwhile Elsenhiemer is a former prosecutor and has sponsored or co-sponsored many key bills for ABC including legislation that would prohibit union-only project labor agreements (PLAs). H
• A state-of-the-art air handling system brings fresh air into the complex through vents in the floor with air exiting through the ceiling, keeping the atmosphere always-fresh throughout the entire facility. Fresh air is complemented by natural light. • A massive skylight, over a football-field in length, bisects the entire structure from north to south, visually uniting the casino and hotel and allowing natural light to penetrate from ceiling to floor, a unique feature for any casino. • The natural light reduces the energy used for lighting on the floor by nearly 50 percent. All of the electrical lights are LEDs, reducing energy consumption. Recessed LED lights behind massive horizontal panels and in the ceiling reflect the changing colors of the seasons. • The 54,000-square foot gaming floor has a welcoming openness that, again, is unique. Simple, yet elegant signs for special spaces including Coat Check, Players Club, Cashier, Poker Room, High Stakes, as well as Seasons Buffet, The Deli, and Bourbons 72 restaurants are easily visible from the floor. In addition, complimentary self-serve soft drink center makes Coca-Cola beverages available to guests. • Both sides of the floor have a central 20foot tall “Tower of Power.” Each is a full-
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service bar with 16 large video screens that can be seen from anywhere on the floor. The Towers of Power are surrounded by 1,300 slot machines and over 40 table games. Slot machines, lighting and the Towers of Power are technologically interconnected, so when someone hits a jackpot, the video screens on the Towers of Power can come alive with a fireworks display and images of cash raining down to celebrate the win. • The slot machines, all ticket-in-ticketout (TITO) in design, reduce by almost half the needed electricity for slots, another eco-friendly feature. Plus, guests say they truly appreciate the cleanliness and convenience of TITO slots. Chairs for the slots and table games were carefully chosen for ergonomic comfort. • The entire facility is as visually engaging as it is comfortable. The tile-work and granite counters in special spaces including restaurants and restrooms beckon to you to touch. In Bourbons 72, the floor-level steakhouse, multi-color LED lighting continues in a room-length chandelier filled with large crystals that glimmer and glisten. • Finally, the rooms in the hotel all feature plush top mattresses, flat screen televisions, and high-speed Internet access. Several rooms have barrier free design with zero-threshold showers. Thanks to ABC Members, comfort, architectural appeal, and eco-friendly features are the hallmarks of the new Turtle Creek Casino & Hotel. The Turtle Creek project was not a typical project nor is it a typical casino but instead unique and trendsetting in many ways. H
Advertiser’s index aIS Equipment................................................................................................................................................. Page 7 answer heating & COOLING..................................................................................................................... page 6 capital steel................................................................................................................................................. page 22 gulf states inc............................................................................................................................................... page 9 J.E. Johnson, Inc............................................................................................................................................ page 11 MEADOWBROOK INSURANCE....................................................................................................................... Page 4 michigan cat................................................................................................................................................... Page 8 P&K Steel Service......................................................................................................................................... page 23 Regency group................................................................................................................................... BACK COVER skilled trades............................................................................................................................................... page 11 smith haughey rice................................................................................................................................... page 13 three rivers corporation..................................................................................................................... page 10
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Take Control of Your Workers’ Compensation Costs ABC of Michigan Self-Insured Workers’ Compensation Fund • • • • • • •
Over $10.8 Million Returned Since 1995 Members Average a 35% Return of Premium Industry-specific Loss Control & Safety Services Aggressive Claims Handling Board of Trustees Comprised of Fund Members Competitive Up Front Pricing Membership Required with an ABC of Michigan Chapter
ADMINISTERED BY
800.686.6640
www.abcmifund.org
ASSOCIATED BUILDERS & CONTRACTORS OF MICHIGAN 120 N. WASHINGTON SQUARE, SUITE 805 LANSING, MICHIGAN 48933
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PRESORTED STANDARD U.S. POSTAGE PAID LANSING, MI PERMIT NO. 689