Executive Committee
MERIT SHOP MESSAGE SUMMER 2021
EDITORIAL/DESIGN Macie Morgan
WRITERS & CONTRIBUTORS Janie Arceneaux Kari Bergeron Kelly Carpenter David Helveston Attorney General Landry Brenna LeMaire Lindsey Russ Blaise Theard Shawn Worsham Russel Wray
IN THIS ISSUE
Chair Shawn Worsham Worley
Chair Elect Josh Rounds Performance Contractors Secretary Bryan Knost Wood Group Treasurer Ryan Girouard Hancock Whitney Bank Vice Chair Education Wes Mincin Triad Electric & Controls Vice Chair Membership Growth Scott Callaway Cajun Industries
Letter From the Chair 2 Cover Story 5 Vice Chair Member BRTC Graduation 9 Services Beau Leitner Swinging into Spring 11 Doyle Electric 430,000 Workers Needed 14 Slips, Trips & Falls 15 Vice Chair Governmental Legal Update 17 Relations High-Rise Integrity 21 John Cassagne Update from Attorney 24 MMR Group General SWTC Update 25 Vice Chair Outlying Area Donnie Braud Price Escalation on 27 L.S. Womack Construction Materials New Members 30 Immediate Past Chair ABCLA Fishing Rodeo 36 Carlos Guidry Turner Industries
Board of Directors Ben Brown Turner Industries
Tammy Corripio Primoris Services Corporation John Freeman Brown & Root Industrial Services Adam Landry PALA - Interstate Scott McKnight BXS Insurance Aaron Patrich ISC Constructors Matt Shoriak EXCEL Group Andrew Thompson ISC Constructors Seth Lemoine The Lemoine Company Alternate Board Members: Danny Campbell Triad Electric & Controls Ben Fromenthal Beard Construction Group Legal Counsel: Murphy J. Foster, III Breazeale, Sachse & Wilson, LLP
A LETTER FROM THE CHAIR
SO YOU WANT TO BE A MANAGER? By: Shawn Worsham, Worley
First the story. A young man goes to a fire station and asked to see the chief. He tells the chief that he wants to be a fireman. The young man seems capable so he tells him that he will give him a volunteer job helping until he sees if he can handle the job. He tells the young man to go help the crew that is cleaning and maintaining the fire engine. The young man says he doesn’t want to clean the engine, he wants to be a fireman. The chief looks puzzled but tells him to go work with the ladder company who is practicing making entry into homes and carrying pretend victims to safety. Again, the young man says he doesn’t want to do that he wants to be a fireman. The chief inquires as to what the young man thinks a fireman does. The young man says “I want to hold the end of the hose and spray water.” The young man in this story failed to understand all the work and effort that went into becoming a true fireman instead of a guy that just holds a hose. I often think that some view a Construction Manager or Project Manager as a person with a radio that walks fast and looks worried while pointing and giving direction. They don’t see the missed lunches for meetings that over-run, the review and study of the schedule, cost and progress reports, or the constant stress of making sure that everyone is working safely. They only see the outward tip of the role. Young professionals have many benefits. They are more open to new ideas or alternative ways of working; they are more technically savvy; they have more energy and willingness to take on stretch goals. The biggest downside is the one thing that only time provides, and that is experience. Some people have one year of experience that they have repeated each of the last 25 years. True experience and diversity of knowledge leads to a certain level of wisdom where we measure twice and cut once. I am a big fan of helping others take on opportunities to help them grow. I take great satisfaction in seeing people I have worked with advance and excel, but
they must be aware that not every shiney rock in the river is gold. My first field job as an apprentice was at the Papermill in Evadale, Texas for Brown & Root. The Pipefitter to whom I was assigned was a rough-cut individual named James Ortolon from a community called Devil’s Pocket, Texas. Everyone called him “Old Man” Ortolon but last I heard he is still alive and kicking at 88 years old. He had been in the Navy during Korea as a mechanic and had a colourful personality but did not mince words. He would give me little jobs to do that others wouldn’t approach because he wanted to expand my view. One was learning to mix fiberglass resin to join and patch fiberglass pipe; another was learning to fit cast iron pipe; yet another was working with thin wall, large bore stainless pipe and how much patience it takes to make the pipe round for the welder. Other lessons like how many welding rods I could bend across my neck and the hair moving in the water were a different type of lesson. Another guy that worked with us was constantly focused on buying a dump truck and using it to make a living. He wasn’t a very good worker, so I don’t know if he ever made it but at the time, I thought how limited his horizon was. Why not own ten trucks and hire people to run them for you? Now there is nothing wrong with driving a dump truck or in being satisfied as a driver, but it took me some time to understand that not everyone wants the same goals. Mr. Ortolon and I discussed this, and he told me that being a boss wasn’t for everyone. He had once been a supervisor and hated it. The welfare of his direct reports, production schedules, and the feeling that he couldn’t leave the job behind at five o’clock like everyone else were all negatives. He was happy just working and said that everyone has headaches and the “boss man” just has different types of headaches. I was still confident that I wanted to be a manager and worked to become one and welcomed the challenges that came with it. I hated being discounted because of my age and felt that I had opinions that could be of value, but many felt that I had not yet acquired the scars and grey hairs or wisdom. At times they may have been right.
Merit Shop Message | Summer 2021
Every so often in my career, I am asked by someone how they can become a manager or supervisor. Some see it as the pinnacle of success but far too often I find that their view of Management is limited. I am reminded of piece of advice I received when I was still an apprentice and a story, I sometimes tell about a young man who wants to be a fireman.
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A LETTER FROM THE CHAIR CONTINUED
Merit Shop Message | Summer 2021
If there was ever a more well-defined time period to show the downside of management, it would have been the last year when some tough decisions had to be made related to personnel and even management structure. These were not due to poorly run businesses or even factors within our control, but we had to react to the market downturn and postponement of projects. Low on the list of management perks is informing a person whom you have worked with for years that their position is being eliminated. It was through no fault of their own or poor performance but simply due to lack of work. The only thing lower on the list, is telling a family member that an employee has been injured with the lowest being to tell a family member that they won’t be coming home. The areas that ABC covers in Louisiana are not huge metropolitan areas where a few hundred furloughs go un-noticed. Construction is a small industry and we work in communities where we see the people that we work with at the grocery store, at church, or at sporting events. A downturn in the job market creates much larger ripples for us than you would see in large cities. Thankfully, we are seeing upswings in the market with moves back toward normalcy even if it’s a little different than before. Personal travel and spending are picking up which is driving demand for products that we have a direct hand in producing. The
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lack of employees in some sectors and inflation have become a focus as America re-opens for business but these are factors, we can manage. Some work will be different as work-from-home will remain for certain positions and the increased emphasis on sustainability through renewable energy, renewable fuels and a focus on energy transition and environmental regulations. This means a renewed focus on carbon intensity including carbon capture utilization and sequestration (CCUS). I think Louisiana is well positioned to capitalize on the energy transition in addition to meeting the requirements of traditional facilities. Training the workforce to meet these demands and keeping free enterprise a focus remains keystones of ABC. Remember that despite the nature of the work in the industrial market being different, someone still needs to manage the effort, and someone still needs to drive the truck.
COVER STORY
OUT WITH THE OLD, IN WITH THE NEW
JULY 2021 | 2021 ABC of LA State Convention By: Lindsey Russ, Director of Member Services
NEW was the keyword for this year’s 2021 ABCLA State Convention. New location, new state, new agenda, new keynote speaker, new sponsorships, and new faces! After 37 years in San Destin, ABC of Louisiana made the decision to move the State Convention to Gulf Shores. The Convention was held at The Lodge at Gulf State Park, on the beach of Gulf Shores, Alabama.
Merit Shop Message | Summer 2021
After a canceled Convention in 2020 and over a year’s worth of planning for the 2021 Convention, the ABC staff was excited to get to the beach to celebrate the merit shop with members from all across Louisiana. This year’s agenda was a little different than year’s past. Wednesday started with check in, sponsored by Hancock Whitney Bank and Grady Crawford Construction, for members to grab their bags, sponsored by Gainey’s Concrete and Convention t-shirts sponsored by Turner Industries, Trade Construction Company, Hannis T. Bourgeois and Bengal Crane & Rigging and a welcome reception, sponsored by Bottom Line Equipment, where members were able to cruise through ‘Vendor Alley.’ Vendor Alley featured 7 sponsors who set up booths for the duration of the Convention. These sponsors included; Autodesk Construction Cloud, Prime Occupational Medicine, Industrial Fabrics, Inc., 24HR Safety, Universal Data, Inc., TorcSill Foundations, LLC & Griffin Dewatering, LLC.
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We kicked off Thursday morning and the first full day of Convention with a member breakfast where Scott McKnight, 2021 State Convention Committee Chairman, provided a full update on the planning that went into this year’s improved agenda and the new location. McKnight recognized and thanked the convention committee members who dedicated their time to planning the event all year. Next up was the chapter updates provided by Robbie Wooderson of Durr Heavy Equipment for New Orleans/Bayou Chapter and Shawn Worsham of Worley for Pelican Chapter. Milton Graugnard then provided the membership a regional ABC update, with a call to action to get involved in our current political climate now more than ever – your voice can be heard and make a difference. Following the breakfast, members attended two educational breakout sessions. The first was a Political Update Session featuring ABC National’s Director of Political Affairs, Melanie Pfieffenberger and Vice President of Legislative and Political Affairs, Kristen Swearingen. The two ABC National staff members shared the current political view of the construction industry and where they expect it is headed. The second educational session of the day included State Representative Scott McKnight who moderated a construction legal panel with panelists Murphy Foster, Breazeale, Sachse & Wilson, Adrian D’ Arcy, Shields | Mott and Jon Forester, Reiss LeMieux. These industry experts discussed new construction laws taking effect and what those mean for our industry.
COVER STORY CONTINUED This year’s keynote speaker is a very well-known, rightwing activist that we were so thrilled to have speak to our members. Candace Owens joined our Keynote Lunch. She spoke to our members about the importance of educating our younger generation and the need to change the state of mind our country is in, to succeed in properly educating the next generation. She applauded our work at our training centers and our political advocacy for the current and future states of the construction industry. We would like to thank BXS Insurance for sponsoring our Keynote Lunch, Cecelia Crawford (daughter of Trey Crawford, Grady Crawford Construction Company) for welcoming Owens to our Convention and Performance Contractors for their support in getting Owens to Gulf Shores. Our members were moved by her speech and empowered to continue their efforts in living merit shop proud!
Dyson vacuums, rounds of golf and more. It was a fun night full of laughs, friendly competition, good conversations, and even better people.
We ended Thursday night with the annual PAC reception to honor and thank all the 2021 Political Action Committee donors followed by the “Adult Night.” Adult night consisted of dinner and drinks, sponsored by Triad Electric & Controls and Alliance Safety Council, a silent and live auction, and dueling pianos, sponsored by Performance Contractors, as the night’s entertainment. Gallagher was the sponsor of the photobooth. Our “auctioneer” Donn Peterson, Turner Industries Group, auctioned off five live auction items, such as, a year’s worth of date nights, BBQ Grills & more while other attendees took a stab at winning one of the 10 silent auction items, such as, Airpods, wine and whiskey baskets,
Merit Shop Message | Summer 2021
Owls, snakes, and baby alligators all came out for our Friday morning Family Breakfast, sponsored by Milwaukee Tool . The local state park brought over animals native to the park for our members and their children to view up close and learn about while enjoying breakfast. Friday presented three more educational sessions for attendees.
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COVER STORY CONTINUED First, Matt Abeles, ABC National’s Vice President of Construction Technology talked to our members about the current and future state of safety technology in the construction industry. Kyle Love, with Human Dynamics, Inc. spoke second. He helped companies create succession plans and start the conversations about the future success of their companies. Julie Laperouse of Screaming Peacock taught our members some valuable lessons on dealing with this “new normal”, post-pandemic.
Merit Shop Message | Summer 2021
The always exciting and much anticipated Beach Bash, sponsored by Five-S Group and Primoris Services Corporation took place Friday afternoon. Members and their families built sandcastles, tossed mullets, paddle boarded, kayaked, played dodgeball, tugged on tug of war rope and of course, played the famous Pelican Chapter vs. Bayou Chapter volleyball tournament. The Performance Contractors team (Joel Thames and Kenny Derouen) won the sandcastle building contest, Jared Poche (adults) and Jackson Day (children), both of Trade Construction Company won the mullet toss competition. And finally, after an intense competition, lots of sand, some smack talking and a score of 1 to 1, the Pelican Chapter won the last of 3 volleyball games to bring the trophy back home to Baton Rouge! The trophy was awarded to the “MVP” of the game, Matthew Allen, MMR Group, also our hotel room key sponsor, and will be displayed, proudly, in the ABC Pelican chapter office. Go Pelicans!
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COVER STORY CONTINUED The finale of the Convention was Family night, sponsored by EXCEL Group. Members and their families enjoyed a “picnic style” dinner with hamburgers and hotdogs along with hot, sugary funnel cakes and cold ice cream sandwiches. Chad Pierce of EXCEL Group was the DJ and MC for the night. The kids showed off their flexibility in limbo, painted their faces like tigers and unicorns, got airbrushed tattoos, participated in scavenger hunts, and ended the night showing off their moves with a dance glow party! Thank you to our Convention Sponsors; Peterson Beckner Industries, Renaissance Hotel Baton Rouge, Shields | Mott LLP, Trinity Integrated Services, LLC, Lard Oil Company, Patriot Construction & Industrial, LLC, Cory, Tucker & Larrowe, Palmisano Contractors, ACE Enterprises, Hebert Steel Company, Inc, Beard Construction Group and Bengal Crane & Rigging. Thank you to our Auction Sponsors; Cajun Industries, Great River Industries, Catering Cajun, Trade Construction & Beard Construction. A very special thank you to all our committee members and volunteers. We could not have made this event happen without your help and dedication!
Merit Shop Message | Summer 2021
It was definitely a week to remember, and we hope every attendee enjoyed it as much as we did! Save the dates for next year, where we will be back in Gulf Shores July 27-29!
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BATON ROUGE TRAINING CENTER UPDATE
BATON ROUGE TRAINING CENTER GRADUATION
JUNE 2021 By: Kelly Carpenter, Director of Education
Merit Shop Message | Summer 2021
Finally, the ABC Training Center hosted graduation for our 2020 students at the L ’Auberge Casino Events Center on June 17th. It was long overdue but was well received by our students who have patiently waited for their night in the spotlight. Wade Walker, ABC Pelican ICC Chair, addressed the graduates and their families. These students were recognized for staying the course and finishing their classes during the COVID-19 pandemic. The class consisted of 169 graduates. During the ceremony a few students were recognized for outstanding achievements in their courses. Jahvez Barnes graduated from both Construction Site Safety Technician (CSST) and Planning & Scheduling. Wilson Duntez and Hayden Frey completed welding levels 1 & 2 during 2020 and finished welding level 3 during the spring semester. In addition, ABC recognized two high school Course Choice students who excelled in their welding class. Trent Buquoi, Dutchtown High School Senior exceeded expectations of the program by completing all levels of welding during his Junior and Senior year. Faith Baudoin, also a Dutchtown High School Senior excelled and completed two levels of the welding program. She is expected to complete the remaining level this fall. Both students are looking forward to becoming master welders and one day becoming Certified Welding Inspectors (CWI). This won’t be the last time you hear about these two students. Their futures look promising and they are headed for great careers in the industry. Congratulations to all of our 2020 graduates. ABC staff and instructors wish you nothing but success as you move forward in your careers.
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Trent Buquoi
Faith Baudoin
SPRING GOLF TOURNAMENT
SWINGING into SPRING
APRIL 2021 By: Macie Morgan, Membership & Communications Coordinator
Swinging into spring! Many reschedules later (thanks to the unpredictable Louisiana weather) we were finally able to host our much anticipated Spring Golf Tournament on April 23rd. Despite the cloudy skies, two packed flights and a course full of sponsors made for a great day on the green. The morning started off early with breakfast sponsored by Cotton Culinary and APC Construction. Golfers enjoyed a little friendly competition at the putting contest sponsored by Classic Industrial Services before heading out to the course. On the course they enjoyed delicious, homemade food and cold drinks provided by the Longest Drive, On Course and Clubhouse Tent sponsors as well as, some networking with fellow industry professionals. Thank you to all our members, volunteers, sponsors and guests that came out to spend the day with us. This event would not have been a success without all of you. We will catch you all in September for another round! First Flight Winners: First Place: Alliant Insurance Services Second Place: Wood Group Third Place: Insulations, Inc. Closest to the Pin & Longest Drive: Rick Summers
Merit Shop Message | Summer 2021
Second Flight Winners: First Place: Great River Industries Second Place: Iberville Insulations Third Place: United Scaffolding Closest to the Pin: Brett Beard Longest Drive: Gary Blacketter, Turner Industries Group
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A LETTER FROM THE PRESIDENT
HELP WANTED:
430,000 CONSTRUCTION WORKERS By: David Helveston, President/CEO
Our education team proudly showed off our labs and equipment, discussed the quality instruction that takes place every day and night, and explained the impact that ABC’s training center has on so many students’ lives. ABC Pelican is working to supply the next generation of craft professionals with the tools that they need to succeed and excel in the construction industry. Louisiana’s economic engine is fueled by a workforce equipped with durable and transferable skill sets, and ABC Pelican is providing the right tools to the construction workforce to cultivate longlasting and rewarding career opportunities. Now more than ever, ABC’s education efforts are critical. Construction companies need to hire 430,000 more workers in 2021 than they employed in 2020, according to an ABC National analysis of U.S. Bureau of Labor Statistics data. That jaw-dropping number could potentially grow to 1 million or more over the next two years to meet demand. In Louisiana, ABC Pelican will educate and upskill more than 2,000 new construction craft professionals by the end of this year. Through training centers in Baton Rouge and Lake Charles, we educate students in crafts such as welding, electrical, millwright, pipefitting, heavy equipment operation, instrumentation and more. Men and women of all ages come to ABC Pelican to learn a new craft or perfect their current one. ABC Pelican also has partnerships with local high schools that allow current students to begin craft training while in school.
For 14 years, ABC Pelican has partnered with our member contractors, industry professionals, suppliers, and other educational entities to host Build Your Future Day for current high school students across Louisiana so they can learn about the career opportunities available in the construction industry. This October, we anticipate that more than 1,000 students from over 60 high schools across the state will learn about different construction career opportunities through hands-on demonstrations and conversations with industry leaders. We need your help to make Build Your Future Day a success and provide a meaningful experience for these high school students. With the increasing need for more workers in the construction industry, I hope you and your business can participate in our Build Your Future Day to shed a positive light and realistic image of the construction industry. Please reach out to me or anyone on our education team to see how you can get involved at Build Your Future Day or any time at one of our training centers. While ABC events are always a good time, I hope your involvement with ABC consists of more than simply grabbing a few beers at one of our great networking functions. I encourage you to learn how your company can benefit from engaging with our training centers, and how you can play a role in developing the next generation of craft professionals.
Merit Shop Message | Summer 2021
In July, ABC Pelican hosted a well-attended summer open house at our Baton Rouge Training Center for current and prospective members. The lure of beer at 3:30 p.m. on a workday and the opportunity to network probably drove much of the attendance, but there were also many members present who expressed a genuine interest in learning what our team does “down the hill” in our three back training buildings. One member sheepishly admitted to me that despite his steady involvement with ABC Pelican over the years, he had never made it past our Administrative parking lot.
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6 TIPS TO PREVENT
Slips, Trips, and Falls In the workplace, slips, trips, and falls account for more than one-third of all reported injuries. Ranging from mild to more severe, the U.S. Department of Labor reports that these injuries are the second-highest cause of days away from work, and costs employers nearly $70 billion a year in workers’ comp claims. LWCC’s Safety Services recognizes that a construction site poses various hazards that can lead to accident or injury, but encourages organizations to take proper safety precautions that can keep workers safe and facilities in compliance with OSHA regulations.
Merit Shop Message | Summer 2021
Here are six simple guidelines that can help you create a safer workplace:
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1.
Create good housekeeping practices
2.
Keep floors clean and dry
3.
Avoid obstacles in walkways
4.
Create and maintain proper lighting
5.
Wear proper footwear
6.
Improve individual behavior
It is nearly impossible to prevent every slip, trip, or fall. Accidents can happen anywhere. However, by taking proactive safety steps, many workplace injuries can avoided. Learn more by visiting www.lwcc.com.
LWCC.COM
LWCC delivers best-in-class workers’ comp insurance, focused not just on life-long care of the injured worker, but providing improved safety, health, and wellness to workers across the state. We are Louisiana Loyal, leading a movement to celebrate and elevate Louisiana.
LEGAL UPDATE
NO CONTRACTOR’S LICENSE? CONTRACT IS AN ABSOLUTE NULLITY: RECENT DECISIONS By: Kari “Kiki” A. Bergeron - Partner, Taylor Porter Construction Practice Under La. R.S. 37:2160(A)(1), it “shall be unlawful for any person to engage or to continue in this state in the business of contracting, or to act as a contractor as defined in this Chapter, unless he holds an active license as a contractor...” In Louisiana, the licensing provisions for contractors were enacted to protect the interests of public order. Under La. C.C. art. 2030, a contract in violation of a rule of public order is an absolute nullity, and an absolutely null contract is deemed to have never existed. It is well established in Louisiana law that a construction contract made with an unlicensed contractor is an absolute nullity. Several recent decisions by Louisiana courts have discussed the legal effects of such a finding.
Merit Shop Message | Summer 2021
1. Unlicensed Contractor Prohibited from Recovering under Theory of Unjust Enrichment due to the “Substandard Work Exception.”
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In Quaternary Res. Investigations, LLC vs. Phillips, 2018-1543 (La. App. 1 Cir. 11/19/20), 316 So.3d 448, Quaternary Resource Investigations, LLC (QRI) entered into a home renovation contract with David and Angela Phillips to renovate and add on to their existing home. Prior to entering into a contract, QRI told the Phillipses that it was licensed to conduct this work; however, after QRI’s work began, Mr. Phillips learned that QRI did not possess the proper residential building contractor’s license. Thereafter, the Phillipses terminated the contract with QRI. QRI filed suit against the Phillipses seeking the contract balance. The Phillipses alleged that QRI made false and intentional misrepresentations about its license and alleged QRI’s work was defective, incomplete, and never reached substantial completion. In addition, the Phillipses alleged that the contract was an absolute nullity because QRI was not licensed. Thereafter, QRI amended its petition to add an alternative unjust enrichment claim, and after a bench trial and proceedings before a Special Master, the trial court rendered judgment in favor of QRI in the amount of $141,876.72. The Phillipses appealed. The First Circuit Court of Appeal acknowledged it was undisputed that during the time QRI worked on the Phillipses’ house it did not possess the proper contractor’s license. Therefore, the court concluded that contract violated “La. R.S. 37:2160(A) and La. R.S. 37:2167(A), which are rules of public order requiring contractors to be properly licensed to contract and perform work. Any contract made in violation of the Contractors Licensing Law is null and void…Therefore, we agree with the finding of both the Special Master and the trial court that the June 1, 2010 contract is
an absolute nullity and is void ab initio.” Quaternary at pp. 458-459. The court reviewed whether QRI was entitled to recover under its unjust enrichment claim in light of the absolutely null contract. The Phillipses argued that QRI’s fraud, along with its defective, substandard, and incomplete work, prevented it from recovering under unjust enrichment. The court discussed the general rule that in the case of an absolutely null contract, courts generally limit the recovery of unlicensed contractors to the actual costs of their labor, materials, and services, with no allowance for overhead or profit. The court then discussed Hagberg v. John Bailey Contractor, 425 So.2d 580 (La. App. 3 Cir. 1993) and Dennis Talbot Const. Co. v. Private Gen. Contractors, Inc. 10-1300 (La. App. 3 Cir. 3/23/11), 60 So.3d 102 in detail, which provide exceptions to that general rule of recovery under unjust enrichment. In these cases, if an unlicensed contractor’s actions fall into the “substandard work exception” or the “fraudulently obtained contract exception,” it is not entitled to recover its actual cost of labor, materials, and services under unjust enrichment. Quaternary at pp. 463-467. The court found that the Phillipses specifically pled incompetence, inexperience, and fraud on the part of QRI, which fell under the “substandard work exception” discussed in Hagberg and Dennis Talbot. Accordingly, the court held the trial court erred in granting QRI’s demand and awarding QRI damages under unjust enrichment because QRI’s actions fell within the “substandard work exception.” Hence, QRI was prohibited from recovering its actual costs of its labor, materials, and services under unjust enrichment. 2. The Louisiana Supreme Court applies the “Clean Hands” Doctrine to an Unlicensed Contractor attempting to avoid Contractual Indemnity to Owner under Absolutely Null Contract. In Ioannis Maroulis v. Entergy Louisiana, LLC, et al., 20-226 (La. App. 5 Cir. 2/10/21), 314 So.3d 1002, the issue of contractual indemnity under an absolutely null contract was addressed. The case involved a work-related accident that occurred during the renovation of a Metairie hotel.
LEGAL UPDATE CONTINUED
Castleman raised the affirmative defense of an illegal contract, alleging the contract it entered into with Hotel Investors was absolutely null and void ab initio because Castleman was not a licensed contractor in Louisiana, and at that time, the licensing law required construction projects costing $50,000 or more to be performed by a Louisiana licensed contractor. Castleman filed a motion for summary judgment on this issue, which the trial court denied. Castleman filed a writ application seeking supervisory review of the judgment. The Fifth Circuit Court of Appeal acknowledged that it was undisputed that Castleman was not a licensed contractor in Louisiana and that the cost of the project exceeded $50,000. The only issue before the court was whether the construction contract between Castleman and Hotel Investors was null and void, and, if so, what legal effects result from such a finding. The court considered several arguments asserted by Hotel Investors that the contract was not null or that Castleman still owed contractual indemnity to Hotel Investors. First, Hotel Investors argued that all the work performed on the project was lawfully performed under Sigur’s valid contractor’s license, and Sigur and Castleman were both general contractors for the project and were in a joint venture. However, the court held this argument lacked merit because the law is clear that both parties to a joint venture must hold a proper contractor’s license. Next, Hotel Investors argued public policy considerations should prevent the court from declaring the contract a nullity because it would allow Castleman to escape liability for worker injury. The court held this argument was flawed because (1) an injured party could bring his own claim against Castleman for such a failure and (2) Hotel Investors disregarded public policy when it elected to hire an out-of-state, unlicensed contractor. Hotel Investors also asserted a “clean hands” argument, in which it argued that Castleman knew at the time of contracting that it was not licensed, which made the contract absolutely null, and Castleman may not avail itself of the nullity when the purpose of the illegal contract has been accomplished. The Fifth Circuit Court of Appeal found that Hotel Investors’ reliance on the “clean hands”
doctrine was misplaced, as this was not a situation where an unlicensed contractor entered into a contract, performed the work, and the owner refused to pay the contractor for that work because the contract was null and void. The court noted that the “recovery cannot be achieved under the theory of breach of contract, because a contract made in violation of prohibitory law is illegal and its enforcement is precluded, even though work has been done or materials furnished.” Id., at p. 9. The court further noted that the performance sought by Hotel Investors was contractual indemnity for claims brought by Mr. Maroulis against Hotel Investors, and that performance had not been rendered. The court concluded that there was no support in Louisiana jurisprudence for the court to enforce an illegal contract, citing to W. Baton Rouge Par. Sch. Bd. V. T.R. Ray, Inc., 367 So.2d 332, 335 (La. 1979) (where the Louisiana Supreme Court found that the effect of having an AIA construction contract declared null and void ab initio was to have the execution of its arbitration clause enjoined). Under this reasoning, Hotel Investors’ attempt to enforce the terms of a null and void contract it signed with Castleman, including the contractual terms requiring indemnity against claims brought by injured workers, failed. Thus, Castleman, the unlicensed contractor, was not required to provide contractual indemnity to Hotel Investors, the owner of the project, because the contract was an absolute nullity. Thereafter, the Louisiana Supreme Court granted Castleman’s writ of certiorari in Ioannis Maroulis v. Entergy Louisiana, LLC, et al., 2021-00384 (La. 6/08/21), 317 So.3d 316, and found La. C.C. art. 2033 applicable, which provides, in part, that an “absolutely null contract, or a relatively null contract that has been declared null by the court, is deemed never to have existed…Nevertheless, a performance rendered under a contract that is absolutely null because its object or its cause is illicit or immoral may not be recovered by a party who knew or should have known of the defect that makes the contract null.” The Louisiana Supreme Court further noted that the 1984 Revision Comment (c) to La. C.C. art. 2033 states, in part, that a “party who knew or should have known at the time of contracting of a defect that made the contract absolutely null may not avail himself of the nullity when the purpose of the illegal contract has been accomplished...This conclusion flows naturally from the principle expressed in the traditional Roman maxim, nemo propriam turpitudinem allegare potest (no one may invoke his own turpitude), sometimes called the ‘clean hands’ doctrine…” For those reasons, the Louisiana Supreme Court concluded that the district court did not err in denying Castleman’s motion for summary judgment; therefore, the court reversed the appellate court and reinstated the district court’s judgment.
Merit Shop Message | Summer 2021
Hotel Investors, LLC (Hotel Investors), as owner, hired Sigur Construction, LLC (Sigur) and Castleman, Donlea, and Associates, LLC (Castleman) as the general contractors for the project. Castleman hired Sunbelt Rentals Scaffold Services, LLC (Sunbelt) as the scaffolding subcontractor for the project. Mr. Maroulis, an employee of Sunbelt, was injured during the project, and he filed suit against Hotel Investors, among others, alleging negligence. Hotel Investors filed a third-party demand against Castleman and its insurer, Evanston Insurance Company (Evanston), alleging breach of the construction contract between Hotel Investors and Castleman and sought insurance coverage under the Evanston policy.
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LEGAL UPDATE CONTINUED 3.Unlicensed Contractor Cannot Assert a Valid Lien under Louisiana’s Private Works Act.
Merit Shop Message | Summer 2021
In Ilgen Construction, LLC v. Raw Materials, LLC, et al., 20200862 (La. App. 1 Cir. 4/16/21), 2021 WL 1438726 (unpublished), Ilgen Construction, LLC (Ilgen), as owner of two tracts of immovable property, hired Raw Materials, LLC (RML), as contractor, to perform clearing and dirt work preparatory to the development of residential lots. Ilgen ultimately terminated RML’s services because it was dissatisfied with the quality and the timeliness of RML’s work. Thereafter, RML filed two separate Private Works Act (PWA) liens over both immovable property tracts, each in the amount of $50,500.00, along with a notice of lis pendens relating to a separate lawsuit that RML filed against Ilgen. Ilgen sent RML’s counsel demand letters requesting RML cancel the improperly filed liens, but RML did not comply with these requests. Thereafter, Ilgen filed suit against RML, an unlicensed contractor, and the Clerk of Court for a writ of mandamus and damages, requesting the cancellation of RML’s two PWA liens and the notice of lis pendens. After a hearing, the trial court ruled in favor of Ilgen, ordering the cancellation of the liens and lis pendens, and awarding attorney’s fees and damages to Ilgen. RML appealed.
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The trial court concluded that RML’s failure to file a notice of contract in the mortgage records was “fatal” to RML’s lien rights under the PWA. The court also concluded that the liens were extinguished under La. R.S. 9:4823(A)(2) because RML failed to file a lawsuit to enforce the liens within one year of their filing. On appeal, RML argued it was a subcontractor, not a contractor, under the PWA that was hired merely to perform “dirt work”; therefore, RML was not required to file a notice of contract and its liens were valid. The First Circuit Court of Appeal held it was not necessary to determine if RML was a general contractor or a subcontractor under the PWA or whether the liens were extinguished due to a failure to timely file a lawsuit to enforce the liens. Even if the trial court erred in making those determinations, the First Circuit concluded RML’s liens were nevertheless fatally defective because RML was not a licensed contractor in Louisiana. The court noted it was undisputed that RML did not possess a Louisiana contractor license; therefore, the contract between RML and Ilgen was an absolute nullity under long established Louisiana law and jurisprudence. The court noted that given the special nature of the rights provided by the PWA, its provisions must be strictly construed. The court, citing to Leija v. Gathright, 51,049 (La. App. 2d Cir. 12/21/16), 211 So.3d 592, 596, writ denied, 17-0144 (La. 3/13/17), 216 So.3d 806, noted that the PWA grants a lien to contractors and subcontractors to secure debts or principal obligations arising from contracts. The court concluded that in the absence of a valid and enforceable contract, a contractor or subcontractor cannot assert a valid lien under the PWA. Thus, the First Circuit Court of Appeal affirmed the trial
court’s judgment canceling the two PWA liens and lis pendens, as well as the award of damages and attorney’s fees against RML and in favor of Ilgen. About Kari “Kiki” A. Bergeron: Taylor Porter Partner Kari “Kiki” A. Bergeron practices primarily in the areas of construction law, commercial litigation, and insurance coverage and insurance litigation. In her construction practice, Kiki represents suppliers, subcontractors, design professionals, general contractors and owners in a wide array of litigation matters including breach of contract claims, delay claims, construction defect claims, and claims for additional compensation. She also regularly advises clients on compliance with Louisiana’s contractor licensing laws and Louisiana’s construction lien laws. Kiki also has extensive experience reviewing, revising and drafting construction contracts. Taylor Porter, founded in 1912 in Baton Rouge, is one of the oldest, largest and most respected law firms in Louisiana, representing a diverse range of local, regional, and national clients in the most complex transactions and litigation across a variety of industries. Taylor Porter, with offices in Baton Rouge and Lake Charles, has 80 attorneys who serve the interests of our clients in more than 30 practice areas.
Exceeding Expectations, Surpassing Standards. Construction Civil, Structural Services, Mechanical, E&I, and Midstream/Pipeline Maintenance Mechanical, E&I, and Plant Services Shop Fabrication Certified with ASME Code Stamps, ‘S’ and ‘U’ as well as ‘R’ and ‘NB’ certified from the National Board of Boiler & Pressure Vessel Inspectors Government & Infrastructure
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LOUISIANA STATE FIRE MARSHAL UPDATE
THE FUTURE OF HIGH-RISE STRUCTURAL INTEGRITY IN LOUISIANA By: Ashley Rodrigue, State Fire Marshal Public Affairs Director
The tragic condo building collapse in Surfside, Florida, that has, so far, claimed the lives of about 100 people, has brought about a lot of questions here in Louisiana—Are high-rise buildings inspected for structural integrity? If they are, how frequently are they inspected? If they’re not, why not? Should occupants of Louisiana’s high-rise buildings be concerned about the safety of their buildings? These are all relevant questions, and according to State Fire Marshal H. “Butch” Browning, some of the answers are not good enough. “I truly believe this collapse was preventable with the right oversight and accountability in place and enforced,” said Browning, “Every one of us in the building industry should be looking at our own oversight and accountability measures right now and that goes for public and private entities. What I see in Louisiana is lacking.”
Merit Shop Message | Summer 2021
Currently, all codes adopted by the Louisiana State Uniform Construction Code Council (LSUCCC), pertaining to structural inspections of high-rise buildings, relate to new construction or renovations of existing structures only. Chapter 17 of the International Building Code (IBC) addresses special inspections and tests concerning highrise structures but has no mention of annual or multi-year inspections.
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The NFPA 1 Fire Code addresses instances where structural elements with visible damage can be cited by the Authority Having Jurisdiction (AHJ), resulting in a required technical analysis and potential repair if that analysis reveals repairs needed, but there is no requirement establishing a frequency of reinspection. Browning wants to see that changed. “I believe there should be serious conversations underway at the Capitol shortly, if not already, about establishing a statewide, required inspection schedule and standard for structural reviews of all buildings in our state that are six stories or more.”
Browning says that evaluation would be conducted by the state, as opposed to the AHJs that conducted those initial reviews on new construction, but the burden would be on the building owner to maintain the schedule. However, several AHJs across the state are already reviewing their existing recertification schedules and standards in light of the Florida incident. In addition, Browning says, similar to the LSUCCC’s registry for certified building inspectors, the state would maintain a repository of these records, and when building owners fail to meet their obligation to have the review done in the required timeframe, or if a review finds repairs are needed but are not being addressed, the accountability arm would be the state’s court system. “Of course, these are off-the-cuff ideas which is why we are hoping the construction community will be engaged in this conversation as it moves forward,” said Browning, “As always, we all have a hand in ensuring safety, and this is just our latest chance to step forward and prove that commitment to building safety.” We hope you will be part of this movement to bring about more confidence in our state’s high-rise structures. Stay tuned for ways to get involved!
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UPDATE FROM THE ATTORNEY GENERAL
FIGHTING BIDEN’S COST OF OPPORTUNITY By: Attorney General Jeff Landry
The American economy is a dynamo for prosperity because open markets and competition drive costs downward, meaning businesses have more resources to innovate and add employees. Unfortunately, the Federal regulatory system routinely increases these costs at the political whim of the President; and, with the stroke of his pen, Joe Biden has recently rushed to illegally impose crippling costs on almost everything we do. Through Executive Order 13990, Biden bypassed our elected representatives to impose the Left’s radical, selfdefeating green agenda on the American economy and people. This executive fiat paves the way for the most expansive and expensive federal regulatory initiative in history. Economists have called the social cost of carbon “the most important number you’ve never heard about.” And as designed by the Obama Administration, this scheme selectively imposes a monetary “social cost” on nearly everything that involves the release of carbon dioxide, nitrous oxide, and methane. These are the ubiquitous byproducts of human life in developed economies, already subject to intense federal scrutiny. While many know that 30% of methane emissions arise from natural gas and petroleum systems, even more would likely not be aware that nearly the same amount – 27% – is the result of livestock excretion. Nitrous oxide is another large byproduct of agriculture, with 75% of those emissions coming from soil and waste management. And carbon dioxide is a byproduct of burning anything carbon-based – like hydrocarbons, foliage, and firewood – or through certain chemical reactions, like those used to manufacture cement. Our Nation’s capacity to provide abundant energy, nutritious food, and public works depend on these very activities. And they are affordable and available here because our economic system reduces costs.
But all of that is in jeopardy now that Joe Biden wants to rig the regulatory system to fit his agenda of self-sabotage. And to be clear: I am not talking about the cost of implementing emissions controls. I am talking about imaginary numbers thought up by political appointees to artificially raise the cost of living, working, and producing. For instance, Joe Biden’s imaginary math would have artificially compounded regulatory costs by $9.5 trillion last year – increasing prices, reducing selections, and minimizing opportunities for businesses and consumers. This would have devastated the American recovery – especially in states like Louisiana that produce natural resources, foodstuffs, and manufacturing components used throughout our country. Every cent of fake cost is another that demand must overcome to get the wheels of commerce back up to speed. Every seemingly minor regulatory action based on these imaginary billables moves us toward permanent augmentation or limitation of our economy and markets. This level of regulatory misconduct is unacceptable at any time, but today could be the most egregious period. Our recovery from the pandemic will surely stall and our global leadership will diminish if our consumers and producers get saddled with this inflated cost of opportunity. I will not stand by while the President attacks our American economy and way of life. I have already filed a lawsuit to prevent the Biden Administration from carrying out this executive order that will kill thousands of jobs throughout the country and impose significant burdens on the American people. And I will continue to push back against overreach from 1600 Pennsylvania Avenue.
Merit Shop Message | Summer 2021
Around the world, the United States of America is known as the land of opportunity. Our abundant resources, personal liberties, and open markets empower individuals to turn willpower into success. This promise of opportunity leads nearly a million immigrants to apply for citizenship and residence every year.
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SOUTHWEST TRAINING CENTER UPDATE
BACK TO BUSINESS AT THE SOUTHWEST TRAINING CENTER
By: Blaise Theard, Workforce Development Specialist
Nearly one year after hurricanes Laura and Delta, Southwest Louisiana is still on the road to recovery. The ABC Pelican Southwest Training Center is still pushing forward through the many obstacles we have experienced over the past year. While we were not able to offer the full slate of classes throughout the academic year, the SWTC team remained committed to training quality craftsmen and craftswomen.
Merit Shop Message | Summer 2021
The Southwest Training Center welcomed students back into the training facility in June of 2020 after the COVID-19 restrictions were reduced. Shortly after the start of the Fall 2020 semester, Hurricane Laura made landfall August 27th, 2020 and ripped through SWLA causing an estimated $12 billion in damages to Louisiana. The SWTC was shut down as the damage was being assessed. Six weeks later Hurricane Delta followed a very similar path through an already battered SWLA. The SWTC was forced to cancel the remainder of the Fall 2020 semester except for a few high school welding classes located in outlying areas.
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With the Spring 2021 semester around the corner, repairs were being made to create a safe learning environment for our students. The Southwest Training Center was able to start the Spring 2021 semester in January. We were able to conduct classes during the day with our accelerated training, our evening training, and our dual enrollment classes at our high school satellite locations. A total of 496 credits were earned in the semester. Our dual enrollment classes wrapped up with 121 students completing the course. Of those students, 29 passed a weld test performed by thirdparty testing facility. These students earned either an AWS Basic credential for passing an Overhead T-Joint weld test or passing an Overhead Open V-Groove weld test to receive an AWS Advanced credential. With limited classroom space and minor delays of COVID, freezing weather, and major flooding, the Spring 2021 was still a success.
While the past year has been tough and trying, Southwest Louisiana will bounce back stronger than ever. The Spring 2021 Semester is in the books and the Fall 2021 Semester recently started in early August. The Southwest Training Center is dedicated to training the best craft professionals that our members need and deserve. Our trained craftsmen and craftswomen will be here to support our industry and SWLA for years to come.
OUR COMMITMENT
To uphold the safety and well-being of our employees and the communities we serve.
WE DELIVER EXCELLENCE
CONSTRUCTION | MAINTENANCE & TURNAROUNDS | FABRICATION | DISASTER RECOVERY
PRICE ESCALATION OF CONSTRUCTION MATERIALS
HOW DO YOU BID THAT?
ADDRESSING WHO BEARS THE RISK OF PRICE ESCALATION IN CONSTRUCTION MATERIALS By: Russel W. Wray, Wray & Associates
“It is never nice to take advantage of someone else’s misery.” Those were the words of a distinguished member of the bar from Kansas City, Missouri, Susan McGreevy, now retired who wrote about steel price escalation in 2004. At that time, “global forces” were causing “unprecedented” price escalation in steel and other materials. She reported that in one years’ time the price of rebar jumped from $283/ ton to $412/ton. (McGreevy, S., 2004. How to Protect Against Steel Price Increases. [online] Contractor. Available at: https://www.contractormag.com/management/mcgreevy/ article/20873251/how-to-protect-against-steel-priceincreases (Accessed Jul 19. 2021).)
Merit Shop Message | Summer 2021
Once again, market forces fueled by a global pandemic are running up the price of steel to “unprecedented” levels. Steel has escalated in price 200% or more in less than one year. One contractor’s experience provides a dramatic example of price increases in steel. A 6’ x 12’ sheet of highway mesh cost $67 in March 2021 and by mid-July the price was $155 for the same sheet. Moreover, the supplier was unwilling to hold those prices for more than two days or until current supplies ran out. Commentators disagree about how long-lasting and pervasive the current price volatility will prove to be. Whether the product is lumber, steel, copper, fuel, pvc pipe, cement, or other items, and whether price escalation is caused by “global forces”, hurricanes, or some other calamity, price volatility of materials is a known risk. Moreover, by now we should all have come to the realization that what is “unprecedented” today may be small potatoes to what is “unprecedented” tomorrow.
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the owner or the contractor. It is time the conversation is expanded to include other construction materials, and we must do so for the common benefit of all participants. It is patently clear why contractors are concerned about price escalation, but why should owners, especially public owners, agree to pay more by including a price escalation provision in the contract for any material or component of the work? The truth is that it is in the interest of the owner, especially public owners, to address price volatility in the contract to obtain the best price for the work by reducing risk which, as at present, cannot be mitigated by the contractor in advance and help insure a successful project on time and on budget.
One effective means to equitably allocate the risk of price volatility is to include provisions for that risk expressly in the contract documents. Doing nothing, and thereby allocating that risk solely to the contractor, comes at a cost to all parties involved. Unanticipated price volatility can (and often does) result in claims, disputes, delays, litigation, business failures, and bankruptcies, all of which interrupt project delivery and result in additional cost to the owner, as well as the contractor. Owners, both private and public, may ultimately bear the costs and the effects of price volatility ripples through the economy. At some point, volatility in construction prices becomes a matter of public policy to be addressed by legislation.
As an example, in the early 20th century, the changed condition clause was developed by the federal government to mitigate the “gamble” undertaken by a contractor for unknown subsurface site conditions not discoverable on a routine site visit and has developed into the differing site condition clause now standard in all types of public and private contracts today. The differing site condition clause is mandated by the federal government in all federal construction contracts and for use in state highway contracts funded with federal dollars. The American Institute of Architects also included such clauses in standard industry contracts dating back to the 1930s. It is well accepted that by including a differing site condition clause to mitigate that risk, contractors would not include a contingency for those risks in its price. Without the differing site condition clause, the contractor’s guess or gamble could provide a windfall to the detriment of the owner or, on the other hand, prove to be insufficient to cover the actual cost, and further could be a crippling blow to the contractor (who guessed wrong) resulting in abandonment, default termination, and reduced competition for future work. It is well accepted that by use of the differing site condition clause, the contractor would provide their best price for the work without a price contingency for unknown site conditions based upon the assurance provided by the owner that if the risk arose, the actual increased cost would be paid. Through sound pre-bid engineering assessments, those risks could best be identified and factored into the plans and specifications, as well as the budget.
At present, Louisiana law authorizes the use of price escalation clauses in public works contracts, but that authorization is not widely applied. DOTD contracts provide price adjustments for fluctuations in the cost of fuel and liquid asphalt, whether the price increases or decreases by more than a specified amount, and whether in favor of
That same rationale underlies legislation, in whole or in part, such as: immunity to the contractor for defects in the plans and specifications; prohibiting no damage for delay clauses on public contracts; prompt payment legislation; and antiindemnity statutes, to name a few. Economic stability and risk management in construction is an issue important to all.
PRICE ESCALATION OF CONSTRUCTION MATERIALS CONTINUED
An alternative approach to a price escalation clause is to allow for and pay stockpile material cost. Contractors may or may not be able to lock in a price for certain materials at bidding, much less obtain those materials when needed months after signing the contract. Compensating the contractor for buying materials up front and stockpiling those for use on the job is another means of allowing the contractor to mitigate price volatility, as well as material shortages. This presents unique challenges beyond the scope of this article.
How many more “unprecedented” global events or storms must befall us before we, as an industry, address these issues before the next one arises. What is the role of legislation in requiring price escalation provisions to allocate the risk to protect the construction industry, vital to our economy and national defense? All parties—general contractors, sureties, lenders, subcontractors, suppliers, owners, design professionals, etc. bear the risk and should be interested in furthering this conversation. Russel W. Wray is an attorney and owner of Wray & Associates (www.wraylaw.com) and practices in Louisiana. This article is informational and should not be used as legal advice. One should independently consult with an attorney, prior to relying on any of the information provided herein. Wray & Associates © 2021
Merit Shop Message | Summer 2021
The golden rule analogy by Ms. McGreevy in her 2004 article is sound, but owners should recognize where their self-interest lies by inviting contractors to bid their best prices by first reducing or eliminating risk of extreme price volatility at the time of contracting that cannot be accurately identified and factored into a bid by the contractor.
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WELCOME TO OUR NEW MEMBERS!
TC Boiler & Piping, Inc. Location: Semmes, LA Category: Contractor Specialty: Heat Exchanger/Pressure Vessels TC Boiler & Piping provides metal fabrication and repair services for manufacturing plants, chemical producers, food processors and many other types of customers.
Eco Roof and Solar Location: Lake Charles, LA Category: Contractor Specialty: Roof Specialties Sponsor: Hal McMillan, Thompson Engineering For more than 10 years Eco Roof & Solar has provided topnotch services for commercial, multifamily, and residential roofs.
Knight Industrial Services Location: Mont Belvieu, Texas Category: Contractor Specialty: Insulation/Fireproofing Sponsor: Shawn Worsham, Worley Since 1980, Knight Industrial Services has provided fireproofing, insulation, scaffolding, sandblasting, sodablasting, coatings and linings, and abatement to multiple industries.
Guy Hopkins Construction Location: Baton Rouge, LA Category: Contractor Specialty: General Contractor - Commercial Sponsor: Edward Bertoniere, B1 Bank Since 1984, Guy Hopkins Construction has served as a general contractor, specializing in, site development, heavy concrete work and municipal construction.
General Equipment & Supply Location: Sulphur, LA Category: Supplier Specialty: Construction Equipment Sponsor: Wesley Littleton, 24 HR Safety General Equipment & Supply is your one-stop shop for all of your durable manufactured construction equipment, manufacturing tools, and more.
Merit Shop Message | Summer 2021
Bilfinger, Inc. Location: Gonzales, LA Category: Contractor Specialty: General Contractor - Industrial Sponsor: Shawn Worhsam, Worley Bilfinger is an international industrial services provider, including engineering, manufacturing, assembly, maintenance and more.
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WELCOME TO NEW MEMBERS CONTINUED
Mobilease Location: Houston, TX Category: Supplier Specialty: Truck Sales and Rentals Sponsor: Matthew Allen, MMR Group Mobilease provides a wide spectrum of leasing solutions. Should you need an individual vehicle lease, vehicle fleet leasing, medical equipment leasing, manufacturing equipment leasing or office equipment leasing, Mobilease can help you acquire the right equipment.
B1 Bank Location: Baton Rouge, LA Category: Industry Professional Specialty: Business Services Sponsor: Guy Hopkins, Guy Hopkins Construction B1 bank offers personal, commercial, private banking and wealth solutions
Fresh Market by Premier Location: Thibodaux, LA Category: Supplier Specialty: Catering Sponsor: Megan Lerch, Louisiana CAT Fresh Market provides on-site full-service markets with self checkout systems for any location. Their healthier option foods (salads, sandwiches, and snacks) can be delivered directly to your location.
Peterson Beckner Industries Location: Houston, Texas Category: Contractor Specialty: Structural Framing Sponsor: Thomas Adkins, United Rentals Peterson Beckner Industries is the premier steel and equipment erector for the nation’s most challenging industrial and commercial projects, with experience ranging from petrochemical plants and power plants to high rises and sports facilities.
Trinity Integrated Services Location: Baton Rouge Category: Supplier Specialty: Equipment Sales/Rental/Service Sponsor: Jerry Denicola, Hancock Whitney Bank Trinity Integrated Services is an equipment rental, sales and service company in the Baton Rouge area.
Nondestructive & Visual Inspection Location: Gray, LA Category: Industry Professional Specialty: Inspection & Testing Sponsor: Gary Box, Repcon NVI is a worldwide industrial solutions provider for companies with high-stakes infrastructures. They provide unrivaled reliability and customer service by being fast, flexible, and accurate.
Merit Shop Message | Summer 2021
STS Industrial Location: Sulphur, LA Category: Supplier Specialty: Construction Tools Sponsor: Steve Stark, Greenberry Industrial STS Industrial specializes in the sale of various types of fasteners, gaskets, pipe supports and cutting tools.
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Primoris Industrial & Civil is one of Primoris’ many subsidiaries. With skilled manpower and a large equipment fleet, Primoris Industrial & Civil effectively executes site development, roads, civil foundations, concrete structures, steel erection, process equipment setting, and the installation of process piping systems. As a whole, Primoris provides a wide range of construction, maintenance, and engineering services for power generation, oil and gas, chemical, pipeline, utilities and distribution, and civil infrastructure clients. With its roots dating back to 1960, Primoris is headquartered in Dallas, Texas, with offices strategically located across the United States and within Canada. Primoris trades on NASDAQ under the symbol PRIM.
prim.com
WELCOME TO NEW MEMBERS CONTINUED
Engineering & Inspection Services Location: Metairie, LA Category: Industry Professional Specialty: Inspection & Testing
Sponsor: Leon Foster, The Lemoine Company
Since 2000, EIS has been a full-service engeering, design and inspection firm based in Metairie, Louisiana. EIS excels in maintenance, troubleshooting, and equipment retrofits for both stationary and rotating equipment.
Merit Shop Message | Summer 2021
Autodesk Construction Cloud Location: San Francisco, CA Category: Industry Professional Specialty: Construction Documentation Sponsor: Jeremiah Johnson, Bottom Line Equipment Autodesk Construction Cloud connects workflows, teams and data at every stage of construction to reduce risk, maximize efficiency, and increase profits.
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ABC of LOUISIANA FISHING RODEO
2021 FISHING RODEO
MAY 2021 By: Macie Morgan, Membership & Communications Coordinator The 2021 Fishing Rodeo was a windy but fun weekend in Grand Isle, Louisiana with our ABC Bayou and Pelican members. The weekend started off on Thursday with the annual “Party at Arties” sponsored by Bottom Line Equipment. Members had a chance to check out the competition and mingle with fellow attendees. Friday morning the anglers threw their lines in the water with hopes of catching a winner! After docking their boats, anglers enjoyed dinner at the marina sponsored by Equipment Share. After dinner, our ABC Bayou and ABC Pelican Young Professionals headed over to the Hurricane Hole for some games, drinks, and fun.
Merit Shop Message | Summer 2021
Despite the strong winds, the anglers took their boats out again on Saturday morning. Boats started rolling in around 4pm to begin the final weigh-in. During the weigh-in, anglers and members enjoyed dinner sponsored by H&E Equipment.
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ABC of LOUISIANA FISHING RODEO CONTINUED Thank you to all our sponsors and attendees for fun weekend in Grand Isle! Congratulations to all the weekend’s winners. Master Angler: Robin Deloach, United Rentals Best Boat: United Rentals SHORELINE Black Drum 1st Place: Travis Richards (20.7) Flounder 1st Place: David Bell (1.90) Gaftop Catfish 1st Place: Robin Deloach (6.10) Bull Redfish 1st Place: Andrew Baer (8.20) Redfish 1st Place: Robin Deloach (37.50) Sheepshead 1st Place: Bob Guinee (4.40) Speckled Trout 1st Place: Brett Peppercorn (3.45) White Trout 1st Place: Robin Deloach (0.45) Best 5 Trout (Day 1) 1st Place: Norbert Lathan (8.10) Best 5 Trout (Day 1) 1st Place: Brett Peppercorn (7.80) Redfish - Most Spots 1st Place: Mark Roberts (10)
2nd Place: Matt Morales (20.35)
3rd Place: Chris Conti (18.5)
2nd Place: Robin Deloach (5.90)
3rd Place: Robin Deloach (5.75)
2nd Place: Norbert Lathan (8.00)
3rd Place: David Bell (6.85)
2nd Place: Travis Richards (29.4)
3rd Place: Mark Roberts (28.80)
2nd Place: Dennis Marler (4.40)
3rd Place: Dennis Marler (2.20)
2nd Place: Norbert Lathan (3.10)
3rd Place: Joe Taylor (2.70)
2nd Place: Jsaon Davis (7.30)
3rd Place: Robin Deloach (5.75)
2nd Place: Paul Miano (7)
3rd Place: Thomas Armstrong (5)
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Merit Shop Message | Summer 2021
Pelican Chapter, Associated Builders and Contractors 19251 Highland Road, Baton Rouge, LA 70809
Connect with @abcpelican
19251 Highland Road Baton Rouge, LA 70809
225.752.1415
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