AUGUST 2014
Vol. 35 • No. 8 • $4.00
®
“THE VOICE OF THE CONSTRUCTION INDUSTRY”
INTERIORS AND FINISHES 15 New Products for Interior Design and Construction
CAM Launches Construction Industry Roundtable Series CAM Government Affairs Committee Update Interview with Michigan Senator Mike Kowall
CONSTRUCTION
LAW Indemnity Rights and Obligations Lien, Bond and Trust Fund Statutes ALSO IN THIS ISSUE: A CONTEMPORARY BARN RAISING IN BROWNSTOWN TWP.
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INTERIOR AND FINISHES
“VOICE OF THE CONSTRUCTION INDUSTRY”®
FEATURES 12 SUSTAIN | ABILITY Thermal Imaging for Energy Loss Detection
30 15 New Products for Interior Design and Construction
CONSTRUCTION HIGHLIGHT 14 CAM Successfully Launches Construction Industry Roundtable Series 18 Government Affairs Committee Legislative Update 20 Senator Mike Kowall: Making Business Happen
CONSTRUCTION LAW
38 A Contemporary Barn Raising in Brownstown Township Re-inventing the Recreational Campus
DEPARTMENTS 22 Managing Your Company’s Indemnity Rights and Obligations 26 Time to Update and Conform Construction Lien, Bond and Trust Fund Statutes 4 CAM MAGAZINE AUGUST 2014
8 9 11 43 46 46 46
Industry News Safety Tool Kit Marketing on the Level People in Construction/Corporate News Construction Calendar Welcome New Members Advertisers Index
“Voice Of The Construction Industry”®
35305 Glendale St. Livonia, MI 48150 | PH: 734.793.9000 | FAX: AX: 734.793.9007
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PUBLISHER EDITOR
Kevin N. Koehler Amanda M. Tackett
ASSOCIATE EDITOR
Mary E. Kremposky
PRODUCTION DIRECTOR GRAPHIC DESIGN DIRECTOR OF MARKETING ACCOUNT EXECUTIVE
Matthew J. Austermann Marci L. Christian Gregg A. Montowski Cathy A. Jones
DIRECTORS OFFICERS Chairman
Eric C. Steck Amalio Corporation
Vice Chairman
Todd W. Hill Ventcon, Inc.
Vice Chairman
Mary K. Marble Marble Mechanical, LLC
Treasurer
Larry S. Brinker, Jr.
President
Kevin N. Koehler
The Brinker Group
DIRECTORS
Stephen J. Hohenshil Glasco Corporation
Brad Leidal Leidal & Hart Mason Contractors, Inc.
Giuseppe (Joe) S. Palazzolo Detroit Spectrum Painters, Inc.
John Raimondo Roncelli, Inc.
John W. Rieckhoff C.L. Rieckhoff Company, Inc.
Kevin F. Ryan Powerlink Facility Management Services
Preston Wallace Limbach Company, LLC
Donielle Wunderlich George W. Auch Company
CAM MAGAZINE EDITORIAL ADVISORY COMMITTEE
William L. Borch, Jr. Ironworkers Local Union 25
Gary Boyajian Division 8 Solutions, Inc.
Stevan Bratic Bratic Enterprises, LLC
Marty Burnstein Law Office of Marty Burnstein
George Dobrowitsky Walbridge
Daniel Englehart Peter Basso and Associates, Inc.
Chris Hippler Capital Letters
Dennis King DMKING Consulting, LLC
Nancy Marshall Aluminum Supply Company
Rick Rys Hi Def Color
Sanford (Sandy) Sulkes International Building Products, Inc.
James Vargo Capac Construction Company, Inc. CAM Magazine (ISSN08837880) is published monthly by the Construction Association of Michigan, 43636 Woodward Ave., P.O. Box 3204, Bloomfield Hills, MI 48302-3204 (248) 972-1000. $24.00 of annual membership dues is allocated to a subscription to CAM Magazine. Additional subscriptions $40.00 annually. Periodical postage paid at Bloomfield Hills, MI and additional mailing offices. POSTMASTER, SEND ADDRESS CHANGES TO: CAM MAGAZINE, 43636 WOODWARD AVE., BLOOMFIELD HILLS, MI 48302-3204. For editorial comment or more information: magazine@cam-online.com For reprints or to sell CAM Magazine: 248-972-1000 Copyright © 2013 Construction Association of Michigan. All rights reserved. Reproduction in whole or part without permission is prohibited. CAM Magazine is a registered trademark of the Construction Association of Michigan.
6 CAM MAGAZINE AUGUST 2014
“Voice Of The Construction Industry”®
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Bart Nickerson Pre President
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INDUSTRY NEWS
Fourth Generation Family Business Celebrates 100th Anniversary Madison Electric Company, one of Michigan’s largest wholesale distributors of electrical, automation, HVAC, PVF, plumbing, water management and network communication systems and components, is celebrating 100 years as a Michigan family-owned business. In celebration of its centennial, Madison Electric Company is committed to raising $100,000 for local charities to show its appreciation for the community that has supported them in a century of success. The charitable organizations include: Karmanos Cancer Institute, Gleaners Food Bank, Detroit Institute for Children, and Michigan Freedom Center. In addition to the fundraising efforts spearheaded by family executive leadership, Madison associates will also participate in planned fundraising events and volunteer activities at the four selected charities throughout the year. Over the past century, Madison Electric Company has grown from two men, operating their business out of a small industrial building in Detroit, to a multi-faceted corporation comprised of eight locations, 150 employees and $80 million in annual sales. The company was founded in 1914 by brothers Morris and Max Blumberg and has remained under the leadership of their decedents ever since. It enters its second century presided over by Brett Schneider, great grandson of Morris Blumberg, marking the fourth generation of leadership. “As we celebrate the 100th anniversary of Madison Electric Company, we’d like to thank those who came before us and laid the strong foundation where we stand today,” said
Schneider, president of Madison Electric Company. “It remains our duty to fix our eyes to the future to ensure just as strong a foundation for the next generation.” Madison Electric Company’s greatest milestones have been marked by the leadership’s future-focused approach to business. Examples of this include opening branch locations to bring products closer to contractors during the postWorld War II urban sprawl; forming the industrial electronics division to provide interconnected products, cable assemblies and production computers during the turn of the century; and investing early into automation, twenty years before it reached the popularity it has gained today. “Every generation of leadership has made it
Katherine Banicki Honored with ESD’s 2014 Lifetime Achievement Award Katherine Banicki, FESD, president of Testing Engineers & Consultants, Inc., has been awarded the 2014 Engineering Society of Detroit (ESD) Lifetime Achievement Award. Banicki was nominated in recognition of her exemplary service and contributions to the ESD and to the field of engineering. Her award was presented at ESD’s Annual Awards Program held on Wednesday, June 18, 2014, at the Cobo Center in Detroit. The Engineering Society of Detroit, founded in 1895, has been a leader in promoting professions in both engineering and science and continues to provide invaluable technical assistance to the greater Detroit area. Banicki, alongside her husband, John Banicki, PE, FESD, founded Testing Engineers & Consultants, Inc. in 1966. As a firm believer in 8 CAM MAGAZINE AUGUST 2014
their goal to leave the company even better than they found it,” said Benjamin Rosenthal, chief financial officer of Madison Electric Company. “It’s this mentality that drives us to try new things, invest in new technology and expand our offerings.” Representing the fourth generation of leadership of Madison Electric Company are: Brett Schneider, president; Brad Schneider, vice president of operations; and Jordan Glass, secretary/treasurer. The company’s third generation of family leaders include: Benjamin Rosenthal, chief financial officer; Richard Sonenklar, vice president and chief information officer; Scott Leemaster, vice president and general manager; and Jon Waitz, vice president.
community service, she is involved in numerous youth, civic, religious and professional organizations along with her widespread philanthropic endeavors. Throughout her tenure as TEC’s president, she has received many awards and honors for her role as a community and industry leader. She was most recently honored with ESD’s Distinguished Service Award and is a past recipient of ESD’s Outstanding Leadership Award. Banicki was honored by AIA Michigan as an Affiliate Member, accepted the Michigan Society of Professional Engineers (MSPE) President’s Citation, and was honored by the Wayne State University College of Engineering with the esteemed Socius Collegii Award. Banicki has remained a member of ESD for more than a decade and can now add ESD’s Lifetime Achievement Award to her growing list of career accomplishments. TEC, a small and woman-owned business, provides client support from property acquisition through construction, renovation and restoration. Expertise includes environmental assessment, consulting and training; geotechnical and facilities engineering and consulting; construction materials testing; and indoor air quality, asbestos, lead and mold management services. Founded in 1966, TEC has offices in Troy, Ann Arbor and Detroit. “Voice Of The Construction Industry”®
Todd Sachse Named Entrepreneur of the Year by Ernst Young Ernst Young (EY) recently announced that Todd Sachse, of Sachse Construction, Detroit, has received the EY Entrepreneur of the Year 2014 Award in the diversified category in the Michigan and Northwest Ohio region. The award recognizes outstanding entrepreneurs who demonstrate excellence and extraordinary success in such areas as innovation, financial performance, and personal commitment to their businesses and communities. For more information on Sachse Construction, please visit www.sachseconstruction.com.
By Tracey alfonsi, DirecTor of eDucaTion & safeTy services
Eaton’s Cooper Lighting Business Announces SOURCE Awards Call for Entries Power management company Eaton has announced that its Cooper Lighting Division is now accepting entries for the 38th Annual SOURCE Awards national lighting design competition. The competition, which focuses on furthering the understanding, knowledge and function of lighting as a primary element in design, is open to all lighting designers, architects, engineers, professional designers and consultants who use lighting and controls products from Eaton’s Cooper Lighting business in interior or exterior design projects. Students currently enrolled in any of these disciplines are also eligible to enter projects based on conceptual lighting designs and will be judged in a separate student category. “We’re always looking for the most creative and innovative use of stateof-the-art lighting products and techniques,” said Mark Eubanks, president, Eaton’s Cooper Lighting Division. “This competition is a reflection of that outlook with the call for entries going out to designers and students alike. The awards ask participants to combine aesthetics, creativity and technical performance to address specific lighting needs while meeting project constraints and design concept goals.” Entries must be postmarked on or before January 30, 2015, and winners will be announced in May 2015 at LIGHTFAIR International in New York City. There will be no minimum or maximum number of awards given, as each project will be judged on its own merit. Selected entries will earn the distinction of Winner, Honorable Mention or Award of Recognition. Judging for the 38th Annual SOURCE Awards competition will take place in February 2015 by a professional, independent panel of lighting and design professionals, as well as a representative from the SOURCE, Eaton’s premier lighting education center. The student winner(s) will receive a $1,500 award and professional winner(s) will receive $2,000. All winners will receive a crystal trophy, local and national recognition, and an invitation to attend a lighting seminar at the SOURCE, located in Peachtree City, GA. The faculty adviser of the winning student(s) will also be invited to attend the seminar. To learn more about the competition, download a complete list of rules or view past winners, visit www.cooperlighting.com/sourceawards. Visit us online at www.cammagazineonline.com
H
eat illness can be deadly. Every year, thousands of workers become sick from exposure to heat, and some even die. These illnesses and deaths are preventable.
Who is affected? Workers exposed to hot and humid conditions are at risk of heat illness, especially those doing heavy work tasks or using bulky protective clothing and equipment. Some workers might be at greater risk than others if they have not built up a tolerance to hot conditions. Young children, older adults, people who are obese and people born with an impaired ability to sweat are at high risk of heatstroke. Other risk factors include dehydration, alcohol use, cardiovascular disease and certain medications. What is heat illness? The body normally cools itself by sweating. During hot weather, especially with high humidity, sweating isn’t enough. Body temperature can rise to dangerous levels if precautions are not taken. Heat illnesses range from heat rash and heat cramps to heat exhaustion and heat stroke. Heat stroke can result in death and requires immediate medical attention. How can heat illness be prevented? Remember three simple words: water, rest, shade. Drinking water often, taking breaks, and limiting time in the heat can help prevent heat illness. Gradually build up to heavy work in hot conditions. This helps you build tolerance to the heat – or become acclimated. Gradually increase workloads and allow more frequent breaks during the first week of work. Also, it’s important to know and look out for the symptoms of heat illness in yourself and others during hot weather. Plan for an emergency and know what to do - acting quickly can save lives! When do I call 911? If you observe the following signs of heat stroke, consider it to be a life threatening emergency: • Rapid heartbeat • Rapid and shallow breathing • Cessation of sweating • Irritability, confusion or unconsciousness • Feeling dizzy or lightheaded • Headache • Nausea • Fainting, which may be the first sign in older adults CAM MAGAZINE AUGUST 2014 9
INDUSTRY NEWS
AIA Michigan Design Awards Announced The American Institute of Architects Michigan announced that nine buildings have been singled out for design excellence and will receive their awards at its annual Design Awards celebration on June 7, 2014 at the Eli and Edythe Broad Art Museum in East Lansing. Dozens of projects were entered in the competition and they were judged by an esteemed jury from San Antonio, TX, chaired by Jim Poteet, FAIA.
The following is a list of the winning projects by category:
recogniTion awarDs Gold Medal Award Glen LeRoy, FAIA Robert F. Hastings Award Kirk Delzer, AIA President's Award Dan Pitera, FAIA
BuilDing awarDs
inTerior awarDs
Wayne County Community College District NW Campus Hamilton Anderson Associates
Zola Bistro PLY Architecture
Balthazar Korab Award Tyree Guyton, Heidelberg Project
M@dison Building Neumann/Smith Architecture
Honorary Affiliate Award Kent Anderson, PLA Lou Anna K. Simon, President, Michigan State University
Rockford Construction Office Complex Integrated Architecture
unBuilT ProjecT awarD Cranbrook Art Museum Collections Building SmithGroupJJR
Liquid Planning Detroit MAde Studio
Michigan State University Molecular Plant Sciences Building SmithGroupJJR
sTeel ProjecT awarD Highland Community Hospital SmithGroupJJR
Associate Member Award Matthew Guinta, Associate AIA
low BuDgeT / small ProjecT awarD
sTuDenT awarD
AIA Fellow Celeste Allen Novak, FAIA
Historic Wing Lake Stone Schoolhouse HopkinsBurns Design Studio
Adam Cook University of Detroit Mercy
25 year awarDs
SINCE S INCE
1979
Birmingham Residence Luckenbach/Ziegelman, PLLC Palace of Auburn Hills ROSSETTI
Fire Protection Specialists DESIGN INSTALL INSTALL INSPECT MAINTAIN MAINTAIN 1111 W. W. Oakley Park Rd. W Walled alled Lake, Lake, MI 48390
248-669-5155 www.JacksonAssociatesInc.com www.JacksonAssociatesInc www .JacksonAssociatesInc.com .JacksonAssociatesInc .com
Jackson Associates, Inc. 10 CAM MAGAZINE AUGUST 2014
Young Architect Award Andrew Dunlap, AIA
Firm of the Year Ghafari Associates For more information about the AIA Michigan Design Awards and the celebration held on June 7th, please visit www.aiami.com.
“Guideline for Condition Assessment of the Building Envelope” Published The updated “Guideline for Condition Assessment of the Building Envelope” ASCE/SEI Standard 30-14 has been published. The intent of this Standard is to provide a guideline and methodology for assessing the condition and performance of existing building envelope systems and components and identifying problematic and dysfunctional elements. It applies equally to a building’s envelope or portion whose primary purpose may be to serve as the supporting structural system of the building. Condition assessment of an existing building envelope may be undertaken for a number of purposes, including a performance report, establishing building serviceability, planning for maintenance or repair, code compliance, life safety, durability and historic preservation. The American Society of Civil Engineers (ASCE) in publishing the Standard, acknowledged the work of the Condition
Assessment of the Building Envelope Committee of the Codes and Standards Activities Division of the Structural Engineering Institute (SEI). This group comprises individuals from many backgrounds including consulting engineering, research, construction industry, education, government, design and private practice. Serving on this Committee is Joseph F. Neussendorfer, Aff.M.ASCE, ESD, president & CEO of U.S. Construction Research in Livonia. Neussendorfer is also a member of ASCE’s Construction Institute. He is a Licensed Builder in Michigan, and, has served on several Michigan Occupational Safety and Health Advisory (MIOSHA) Committees, including Fire Safety and Masonry Wall Bracing regulations. Copies of the new ASCE-SEI Standard 30-14 may be ordered at: www.asce.org.
“Voice Of The Construction Industry”®
Ghafari is AIA Michigan Firm of the Year Ghafari Associates, Dearborn, is pleased to announce that it has been named the 2014 Firm of the Year by the American Institute of Architects (AIA) Michigan. Ghafari was presented with the recognition at the annual AIA Michigan Honor Awards celebration on June 7, 2014. The Firm of the Year Award recognizes an organization of architects that has consistently produced distinguished architecture for at least 10 years. The firm must have great depth and breadth and be widely known for quality work that is the product of a collaborative environment. “We are honored to be selected as Firm of the Year by AIA Michigan. This recognition honors the hard work and talents of not only our architects, but the firm as a whole,” said Chairman and Founder Yousif B. Ghafari. Originally founded in 1982 as a four-person CADD operation in Livonia, Ghafari Associates has developed into a full-service architecture, engineering and consulting firm with nearly 400 employees worldwide. Ghafari has contributed to the architectural profession over the past 32 years, providing programming, planning, management and design services for projects ranging from small renovations to new multi-facility complexes for clients in the automotive, aviation, commercial, education, energy, food, government / institutional, healthcare and industrial / manufacturing markets. Since its founding, Ghafari has developed a reputation for innovation in its industry, rooted in an unwavering commitment to client service and efficiency in project delivery. Whether it is through the adoption of a new technology, design technique or delivery method, the firm is guided by a drive to serve its clients more effectively. This focus permeates all areas of its business, incorporating its full array of facility and process design capabilities combined with advanced technological tools, sustainable practices and lean principles.
Is Inbound Marketing Right for You? By Chris Hippler, President, Capital Letters Inbound marketing has revolutionized the field of marketing. Since 2006 it has been the most effective marketing method for doing business online. But how does inbound marketing differ from outbound marketing, and is it right for you?
ouTBounD markeTing In outbound marketing, an audience is engaged with outbound messaging and one-sided conversations. Television commercials, print ads, radio spots, direct mailings and billboards are examples of outbound marketing. The strategy behind outbound marketing is simple: Hit the targeted audience with your advertisement with enough frequency and they will eventually take your desired action. Technology tends to make these techniques less effective and more expensive. Caller ID blocks cold calls, TiVo makes TV advertising less effective, spam filters block mass e-mails, and tools like RSS are making print and display advertising less effective. It's still possible to get a message out via these channels, but it costs more. Outbound marketing is an effective brand building tactic but we’re no longer in the Mad Men-esque era where companies could blast messages and push their strategies onto consumers.
inBounD markeTing
“Instead of driving a message into a crowd like a sledgehammer, inbound marketing attracts qualified customers like a magnet.”
Inbound marketing is marketing focused on getting found by customers. The modern marketer needs to focus on drawing in prospects by providing real value and developing relationships. By aligning the content you publish with your customer’s interests, you attract inbound traffic that you can then convert over time. The most successful inbound marketing campaigns have three key components:
Content - The core of any inbound marketing campaign. It is the information or tool that attracts potential customers to your site or your business.
Decorative Concrete Awards – Call for Entries The Decorative Concrete Council (DCC), a specialty council of the American Society of Concrete Contractors (ASCC), St. Louis, in partnership with Concrete Construction and Architect magazines, announces its seventh annual Decorative Concrete Awards. The competition is open to DCC members and nonmembers. Entries are invited in the following categories: overlays, castin-place – stamped and special finishes, stained, polished, countertops, vertical application, concrete artistry, multiple applications, and architectural concrete. With the exception of countertops, two awards may be given in each category, for projects 5,000 SF and less, and projects over 5,000 SF. Submittals are judged on craftsmanship, aesthetics, functionality and creativity. The deadline for submittal is September 30, 2014. The awards will be presented at the World of Concrete 2015. For more information, or to receive a call for entries brochure go to www.ascconline.org or call 1-866-788-2722. Visit us online at www.cammagazineonline.com
Search Engine Optimization (SEO) - Makes it easier for potential customers to find your content. It is the practice of building your site and having inbound links to your site to maximize your ranking in search engines, where most of your customers begin their buying process. Social Media - Amplifies the impact of your content. When your content is distributed across and discussed on networks of personal relationships, it becomes more authentic and nuanced, and is more likely to draw qualified customers to your site.
which is righT for you? Marketing can get very complicate, so with our clients, I try to simplify it with a few fundamental questions. Who are your clients? How can you reach them? What are their pain points? If clients or prospects are searching online for your services, inbound marketing should be part of your overall marketing strategy. Many of our CAM clients, though, use their website to verify capabilities, or show their recent work. They are in the enviable positon of knowing who their clients are, and for those clients, the cost and time of inbound marketing may not be justified. If your sales pipeline is thin or needs a boost, you might want to consider putting more into outbound marketing. If your pipeline is doing okay right now, then considering putting more towards inbound marketing. “Marketing on the Level” is written specifically for CAM members and the commercial and industrial construction industry. We are specialists at inbound marketing, outbound marketing and developing websites. Contact Chris @ chris@capitallettersmarketing.com or (734) 353-9918 or visit www.capitallettersmarketing.com. CAM MAGAZINE AUGUST 2014 11
SUSTAIN | ABILITY
Thermal Imaging for Energy Loss Detection A Thermographic Survey Prevents Energy Loss and Costly Downtime By Keith Vosburgh, President, Total Energy Solutions
A
ccording to insurance industry reports, electrical fires represent 40 percent of fire loss and 20 percent of large-scale fire incidents. These types of accidents are commonly caused by loose connections, weakening of isolations, obstructed cooling and mechanical damage. A thermographic survey is a fast, cost-efficient way to perform preventive maintenance on electrical systems that will prevent fires, downtime and waste energy. If your building electrical equipment is old, you suspect it is running ‘hot,’ hasn’t been properly maintained, or your electric bills seem unusually high, consider a thermographic inspection to isolate potential problems. Thermal Imaging - or ‘Thermography’ - uses a specialized imaging system, which detects surface radiated thermal energy (heat) and converts that energy to a visible digital image for later viewing. A Thermal Imager or Thermal Camera has many diagnostic applications in commercial and residential electrical systems diagnostics, building envelope condition monitoring, low
slope roof leak moisture detection, HVACR condition monitoring and diagnostics. This article focuses on commercial electrical system diagnostics from both a safety and energy loss perspective. Electrical distribution systems route the incoming grid power to the end use point in commercial buildings using transformers, bus ducts, conduit and hard-wired or outlet connections. Efficient usage of electrical energy by a commercial facility requires high electrical connection integrity and proper sizing of conductors, according to the National Electrical Code, to minimize energy loss and subsequent heat generation. Potential problems and failures of electrical devices such as electrical centers, fuse boards, terminals, joints, electric motors, transformers and electronic devices can be identified using a Thermal Imaging Camera. The part or structural part of the electrical appliance with potential problems
“Thermographic image (left) and corresponding visual image (right) of multiple potential electrical incidents in electrical control panel. Thermal image identified areas of concern: Red arrow shows fuse clip heating from either loose connection or corrosion of Phase A (check soon); Green arrow shows serious fuse clip heating from either loose connection or corrosion of Phase C (immediately service); Blue arrow shows wire/connector screw clamp force low or corrosion, heat conducting up wire slightly (immediately service).” 12 CAM MAGAZINE AUGUST 2014
“Voice Of The Construction Industry”®
radiates heat that can be identified easily. Based on this information, the overheating and potential cause of problems, interruptions or fire can be detected. By performing regular imaging inspections of electrical devices, electrical failures can be identified before use is interrupted or a fire is started. The electrical system temperatures, related to the applicable safety standards and ratings for the components, must be checked on a regular basis as connection integrity can degrade over time. Commercial Electrical Systems should thus have
Using thermograpic imaging is one more, fast and cost effective tool in your check list for preventive maintenance. at least annual electrical diagnostic inspections according to the National Fire Protection Association. Inspection protects the building owners and occupants from risk of fire damage and catastrophic losses related to explosions from Electrical Arc Flash incidents. Insurance statistics show that Thermal Imaging inspection survey costs are a fraction of avoided incident costs when performed proactively. When second order incident effects and costs for emergency shutdowns and business loss, and expedited repair services and expedited repair part deliveries are included, the cost ratio can be many times higher than Thermal Imaging costs. Most important is correct application of Thermal Imaging and interpretation of results according to defined industry standards and practices. The most important thermographic imaging qualification is training. Infraspection Institute Level III, highest level, conforms to the level requirements defined by the ASNT (ASNT = American Society for Non-destructive Testing), the qualification system of thermographic imaging personnel in classes I, II, and III following similar principals to those for X-ray and ultrasonic inspectors and other NDT inspectors. Using thermograpic imaging is one more, fast and cost effective tool in your check list for preventive maintenance. About the author: Keith Vosburgh, president, Total Energy Solutions, is an Infraspection Institute Level III Certified Infrared Thermographer with seven years’ experience in multiple applications of Thermography. He has presented on Thermal Imaging in commercial refrigeration systems, at multiple Thermal Imaging conferences. He can be reached at: totalenergysolutions.llc@gmail.com. Visit us online at www.cammagazineonline.com
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Insight, Oversight and Foresight to Build on Your Success An internationally recognized, top 100 U.S. firm, Doeren Mayhew provides construction companies with insight into their businesses, oversight to ensure best practices and foresight for what’s ahead. We invite you to see how we can help you capitalize on the opportunities and navigate the challenges specific to the construction industry. Visit doerenmayhewconstruction.com today.
248.244.3000 | doeren.com
Insight. Oversight. Foresight.SM CAM MAGAZINE AUGUST 2014 13
Successfully Launches Construction Industry Roundtable Series
T
he “jobsite” is the Townsend Hotel in Birmingham. The “project” is rebuilding the entire design and construction industry in Michigan. This is no small task, but as famed 19th Century architect Daniel Burnham once said, “Make no little plans, for they have no magic to stir people’s blood.” Over 40 thought-leaders from every sector of the industry embraced the challenge, convening at this elegant boutique hotel for a series of historic roundtables conducted by the Construction Association of Michigan (CAM). The goal: Change business as usual and restore the vitality of one of Michigan’s major industries. The roundtables are the brainchild of Amalio Corporation Vice President and CAM Chairman Eric C. Steck. Inspired by Gov. Rick Snyder’s turnaround of Michigan and Detroit Mayor Michael Duggan’s efforts to revitalize the Motor City, Steck wants to bring the same transformative energy to the construction industry. These leaders changed the status quo and that is exactly what Steck believes needs to happen to create a healthy construction industry. “Whether you are a republican or democrat, I believe both Snyder and Duggan are trying to do what is right. I think we need to do what is right in our industry,” said Steck. “The goal of the roundtables is to create an industry beneficial to all disciplines, including owners, designers, contractors, subcontractors and suppliers. We truly want to provide a winwin for everybody.” The ripple effect of this industry-wide regeneration will be a healthier state economy. “Owners will say, ‘Michigan is where I want to build my buildings,’” said Steck. Steck provided the roundtable vision, and CAM, along with its Government Affairs Committee and Steck himself as CAM chairman, made it all happen. The three roundtables are being conducted over the course of six months in 2014. The three different sessions are: Issue Identification, Finding Common Ground and Developing Courses of Action and Positive Solutions. 14 CAM MAGAZINE AUGUST 2014
Roncelli, Inc. Director, CAM Director and Chairman of CAM’s Government Affairs Committee John A. Raimondo, PE, sums up the roundtables’ purpose: “The goals of the roundtable are to identify, agree on and implement solutions to those issues that are most important to CAM members, our industry and our owner-client constituents, meaning those stakeholders or companies that support our businesses.” For Raimondo, the overarching goal is to “help CAM members improve the way they deliver services to their customers.” A strategy team formulated and implemented the roundtable plan. The five members of the strategy team are Eric Steck; John Raimondo; CAM President Kevin N. Koehler; Bruce M. Pregler, Facca, Richter & Pregler, PC, PAC chairman of CAM’s Government Affairs Committee and CAM Construction Federal Credit Union director; and Matthew J. Gurwin, Doeren Mayhew, roundtable moderator.
Round one: Issue IdentIfIcatIon Held March 27, 2014, the first session asked a series of thoughtprovoking questions: What are the challenges facing the industry today? What are the largest concerns that you and your business currently face? What keeps you up at night? Ask over 40 passionate, articulate and dedicated industry professionals a question and watch the ideas flow. Burdensome retainage policies for subcontractors and obstacles blocking delivery of accurate cost estimates to owners were among the concerns of the assembled group of owners, architects, engineers, construction managers, general contractors, subcontractors and suppliers. CAM President Kevin Koehler offers a succinct summary of a construction project viewed through the eyes of each stakeholder: Owners: Owners want accuracy in cost model development. Cost pressures, as well as schedule and safety performance, rank as number one concerns among owners. Other concerns include the need to manage and mitigate project and capital program risks, project funding, practices “Voice Of The Construction Industry”®
to improve quality and savings in project execution and the availability of trade labor and management to meet future demands. Architects/Engineers: The design community is concerned with the misunderstanding of the Industry Standard of Care, as well as errors and omissions policies. The design community is also concerned about having the proper amount of time and an adequate design services fees to provide good documents. Good documents will help ensure a
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smooth-running project without budgetary surprises. Lack of adequate and comprehensive project planning also makes the list. General Contractors/Construction Managers: Procurement practices are on the top of the list for these stakeholders. Challenges in this category include the “low-bid” mentality, the need for qualification-based selection, tension between “value vs. price”, cost escalation, slow pay and the change order process. Other concerns include workforce availability, contract language, and identifying and securing profitable work in a highly competitive market with thin margins. The performance category shows concern with subcontractor solvency and stability, and in general doing more with less. Subcontractors: Payment and retainage issues rank as No. 1 for subcontractors. This category includes slow pay, excessively high retainage, extended retainage payment time with retainage held to the end of the project rather than upon the subcontractor’s completion of work, and last minute back charges at contract closeout. Other concerns include low margins, prompt processing of change orders, unfavorable contracts and incomplete and inaccurate documents. Suppliers: Sustainable margins keep suppliers up at night, in addition to concerns with pay when paid contracts, back charges, unrealistic expectations and lead times that are
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CAM MAGAZINE AUGUST 2014 15
too short to bid and deliver product. Suppliers also want to be consulted in the design phase of the project to alleviate unrealistic expectations. “Honest discussion is a step forward in developing an intangible sense of trust and in solving the industry’s problems. “The roundtable is a wonderful opportunity to learn from others and to find out the issues of greatest importance to them,” said Raimondo. “This improved understanding will help in the development of effective solutions in our industry.” The feedback from the roundtable has been very positive. “One person commented, ‘This has been a long time coming,’” said Raimondo.
Round two: common gRound
fIndIng
In between the two roundtables, CAM used Survey Monkey to solicit feedback on the top ten issues of importance to each of the 40 participants. The issues were grouped by stakeholder group; the top five were selected for more intensive review at the second roundtable. Held June 5, 2014, over 98 percent of participants returned eager to roll up their collective sleeves. A few new faces even joined this unprecedented industry initiative. The coffee flowed and the work continued at this second session devoted to prioritizing a common list of concerns from the host of issues raised at the first session. Four issues were identified: forging a collaborative model for accuracy in cost modeling and other concerns; funding, including pay when paid, sustainable growth, project funding and margins; contract language; and workforce concerns. Safety also is a top concern. Steck briefly discusses a few of these concerns. An aging workforce, lack of vocational training in high schools, and a labor force lean from the Great Recession, coupled with companies still cautious about the economy and reluctant to hire, have all combined to create shortages in meeting the recent uptick in work. Steck also cites another factor. “Right now, the margins are so tight that the rewards for putting in your heart, soul and sweat are not there anymore,” he commented. “Some people have chosen to get out of the industry, and they also have decided not to encourage their family members and youngsters to get into the business.” Low margins and tight timeframes continue to squeeze all disciplines. “Profit is not a swear word,” declares Steck. “We need a bit of money to keep up with technology, the latest trends and good equipment. The problem is not the construction work; it’s everything around it. It’s 16 CAM MAGAZINE AUGUST 2014
the lack of support from the banking and bonding companies and it’s the non-prompt pay. As a foundation contractor, I am among the first ones on the jobsite. There are projects on which we are not going to get our retainage until the end of the project two years later.”
“The goals are to identify, agree
on and implement solutions to those issues that are most important to CAM members, our industry and our owner-client constituents, meaning those stakeholders or companies that support our businesses.” John A. Raimondo, PE Roncelli, Inc. Director, CAM Director and Chairman of CAM’s Government Affairs Committee
Round thRee: developIng couRses of actIon and posItIve solutIons CAM is now soliciting all participants for solutions, ideas and options to bring to the last official roundtable slated for October 16, 2014. It promises to be another exciting exchange of ideas from this dedicated group of thoughtleaders. “My hope for this session is that we as an industry and as CAM members agree on and develop the right solutions that not only strengthen our industry, but also strengthen our individual organization’s competitive advantage,” said Raimondo, “as well as strengthen the value that CAM can deliver to our organizations as part of the solution to today’s construction industry concerns.” Participants will develop a course of action to resolve concerns identified in the second roundtable. “Changing the culture of the industry may be part of the solution,” said Steck. “We may not totally change it, but we might adjust it to be a more positive and less defensive culture. “Part of that is going to require good owners who recognize the benefits of working collaboratively with all project participants,” said Steck. “It means taking the knowledge of all project participants and using it to help provide a good project.” As a testament to the success of this approach, Amalio recently provided some valueengineering ideas with an owner upfront as a
concrete contractor during the post-bid review. “We provided some cost saving and schedule improvement suggestions,” said Steck. “The owner incorporated those changes right into the documents. As a result, there were virtually no extras, no changes, and no increased costs. Quality work was performed and the schedule was improved. That was for a 40,000square-foot addition. We then negotiated a 225,000-square-foot, five-story building with them in the same way. That project showed the cooperation between the owner, designer, general contractor, and subcontractor with some input from material suppliers.” Ultimately, roundtable participants hope to translate some of the industry’s concerns into legislative action. “I think the goals are to implement solutions to the issues identified within the roundtables,” said Raimondo, “and as CAM’s Government Affairs Committee Chairman, appropriately influence legislative issues that are fully aligned with CAM’s position, as well as those positions or issues we want to shape legislatively in order to deliver an improved pro-business environment for our CAM members.” In terms of tangible initiatives, “we would love to see some positive movement beginning in first quarter 2015, particularly in terms of influencing legislative issues to strengthen our industry,” said Raimondo. “Also, with the elections coming, in having a strong unified voice for the construction industry in Michigan, we can support those legislative officials who are sensitive to our issues.”
Beyond 2014 The third roundtable may not be the last step. Steck suggests a series of smaller roundtable committees composed of participants who want to be on a “solution-solving team” for a particular issue. “CAM should sponsor a six-month or quarterly business roundtable,” suggests Raimondo. Steck adds, “I think what is important is that when we fix these issues, everybody benefits. It’s a great industry, but we have to get back to what it is all about. It’s about building successful, creative and wonderful projects with and for good people that will provide opportunities and jobs for our area.” Koehler offers his thoughts: “CAM is dedicated to finding solutions on behalf of the entire industry through educating, legislating and advocating. Our intent in convening these groundbreaking roundtables is to provide the industry with a way forward.” For more information, please contact CAM President Kevin Koehler, (248) 972-1101.
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Government Affairs Committee Legislative Update By Jason Wadaga, V.P. of Government Affairs, Kindsvatter, Dalling & Associates
T
he Michigan Legislature spent the spring and early summer working on some tough issues facing our state. In some cases they were successful, like completing budgets, assisting the City of Detroit in its bankruptcy, and increasing the state’s minimum wage. However, they were still unable to come up with a comprehensive transportation funding overhaul.
Road fundIng The legislature made a strong push to pass a major transportation funding overhaul prior to their summer adjournment, but were unable to do so. While the Senate did pass some of the transportation funding bills that came over from the House, they were mostly minor pieces and did not generate near the $1.2 – $2 billion that “most” suggest is needed to properly fund Michigan’s road and bridge infrastructure. The biggest point of contention right now is what plan is used to raise a bulk of the money for the roads. Some legislators are opposed to or very cautious about a large gas tax increase, or increase to vehicle registration fees, while others would like to see some of the funding come from a tax increase of a different kind. House Minority Leader Tim Greimel (D-Auburn Hills) has also said that increased fees for overweight trucks must be part of the final solution. The House and Senate spent the final weeks of the spring debating various funding plans including scraping the 19 cent per-gallon gas tax and replacing it with a 6-7 percent tax on the wholesale price of fuel. This plan would ensure that as the price of gasoline increases, so does the revenue for infrastructure. Senate Majority Leader Randy Richardville (RMonroe) also wants to see the tax linked to the rate of inflation to avoid the current road funding crisis in the future. After the realization that a major plan would not get done before the 18 CAM MAGAZINE AUGUST 2014
summer break, the Senate and House adjourned and announced that a “Task Force” will be assembled this summer that is bi-cameral and bipartisan to discuss a solution.
Budgets The legislature passed a $37.3 Billion General Budget and a $13.87 Billion School Aid budget in June that includes spending for the 2014-15 Fiscal Year. Some of the features of the budgets are: • A 7.4 percent increase for revenue sharing to local communities in Michigan. • A roughly 4 percent increase to the school aid funding. • $268.8 million to cover teacher retirement costs. • $50 million for film incentives. • $8 million for financially distressed cities, villages and townships. • A 0.4 percent increase to the Department of Corrections (DOC) budget. This includes 20 new employees for prisoner education. • $94 million to the Budget Stabilization Fund (Michigan’s Rainy Day Fund). • 100 new state troopers, 31 motor carrier operators, and 25 conservation officers. • $5 million to fight invasive species and $1 million to promote increased recycling in Michigan.
“gRand BaRgaIn” foR the cIty of detRoIt In mid-June, Governor Snyder used the Globe Building in Detroit as the location to sign into law what is being called “The Grand Bargain.” This nine-bill package increases state funding to the City of Detroit in exchange for increased oversight as a result of its bankruptcy. “Voice Of The Construction Industry”®
Included in the legislation were reforms such as creating a “Financial Review Commission” to oversee Detroit’s finances, adding a Chief Financial Officer (CFO) for the city and requiring revenue estimating conferences similar to those of the legislature. The bills also made changes to the city’s pension system. However, the biggest piece of the package was a transfer of $194.8 million dollars from the State of Michigan’s Budget Stabilization Fund (Rainy Day Fund) to the City of Detroit’s retirement systems. The Governor used the Globe Building to draw comparisons of the buildings comeback and that of Detroit’s comeback with help from this legislation.
mInImum wage IncRease In late May, Governor Snyder signed legislation to increase the minimum wage in Michigan. The legislation will gradually increase the wage to $9.25 an hour by 2018. The first increase, to $8.15 an hour, would take effect in September, then up to $8.50 at the beginning of 2016, $8.90 in 2017 and $9.25 in 2018. Beginning in 2019, the increases to the wage will be linked to the lesser of a rolling five-year average boost in the Midwest consumer price index, or a 3.5 percent increase. An increase to the state’s minimum wage had been a hotly debated issue after the group “Raise Michigan” had been gathering signatures to put an initiative on the ballot for the November election that would have more drastically increased the wage to $10.10 by 2017.
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CAM MAGAZINE AUGUST 2014 19
Senator Mike Kowall: Making Business Happen
B
uilding the world is all in a day’s work for the construction industry. Leave it to a past president of a construction firm to take on the task of helping to rebuild Michigan’s economy. Now chair of the Michigan Senate’s Economic Development Committee, Sen. Mike Kowall, R-White Lake Township, once managed Accurate Woodworking, Inc., the Kowall family enterprise currently celebrating 60 years in business. Kowall’s economic acumen in the small business arena has earned him an impressive accolade: the Small Business Association of Michigan (SBAM) recently named Kowall Legislator of the Year. “Sen. Kowall has been a champion for small business during his years in both the state House and state Senate,” said SBAM President and CEO Rob Fowler in a SBAM press release. “His excellent voting record on small business issues demonstrates his willingness to fight for the success of Michigan’s entrepreneurial economy.” Over 350 small business owners and supporters attended the award presentation during SBAM’s 45th annual meeting on June 19, 2014 in Lansing.
a constRuctIon colleague In the state senate Kowall’s deep roots in the construction industry offer Michigan contractors a savvy senator who has lived the business. In fact, Kowall entered the political arena because of two thorns in his own side as a contractor and small business owner: the Michigan Business Tax (MBT) and the lack of skilled trade education. Kowall made repeal of the tax his top priority from the very beginning of his political career. Post-MBT repeal, Kowall is now joining his colleagues and Gov. Snyder in promoting more funding for skilled trade education. Kowall himself worked as a carpentry apprentice in his youth. Kowall encourages contractors to call and talk to their legislators about their concerns. “There are people in the Michigan Legislature who do understand the construction industry,” said Kowall, who is in the top ranks of construction-oriented state senators. “We are willing to work with them, because we do know what a rough time the industry has had over the last decade. We are very concerned about the loss of skilled labor. We are very concerned about what we are going to do to reinstate the interest of young people in the building trades.” Kowall encourages the industry to join forces in a trade association. “In joining a trade association, especially the Construction Association of Michigan (CAM), you have the ability to interact with people in your industry or people in similar industries,” said Kowall. “It gives you the ability to share ideas and to speak in a unified voice to the Legislature.” Acting alone as an individual makes Kowall think of a saying from an old Aesop’s fable. “You can break one stick, but when you put a bunch of sticks together you can’t break them; that is how important CAM is to the construction industry,” said Kowall. 20 CAM MAGAZINE AUGUST 2014
the mIdas touch In whIte lake Contractors have a colleague in the state Senate who has spent a lifetime working in a thick mix of politics, development, construction and business. Kowall served in the Michigan House of Representatives from 1998 to 2003 before globetrotting to China, Mexico and the Caribbean as a political liaison for an assortment of construction companies. Returning stateside, he was elected supervisor of White Lake Township. Kowall accelerated economic development in his home community, ultimately delivering $100 million in taxable value along the Township’s own portion of the M-59 corridor in less than four years. Kowall’s home stretch of M-59 soon was host to Meijer, Kohls, JCPenny and an assortment of other developments, including several new subdivisions and over 5.5 miles of new sewer and water lines. White Lake Township’s very own economic boom resulted in the generation of over 3,500 new jobs. Consequently, White Lake weathered the Great Recession with money in the bank and without any layoffs of police and fire personnel. Witness Kowall’s Midas touch in action: A shopping center developer needed a local building permit. Because of a local ordinance, the building permit could not be issued until several state permits were granted. At the time, Michigan was in the middle of a government shutdown. What to do? Kowall convened a special Township board meeting on a Friday afternoon. After convincing the entire board, “We overwhelmingly granted him his building permit,” said Kowall. “He walked out the door Friday afternoon with his permit, the foundations went in on Saturday and the retailer signed the contract on Tuesday or Wednesday. That store is now No. 20 in the country in profitability and it is No. 1 in women’s apparel.” Cutting through red tape and streamlining the development process was part of Kowall’s “recipe” for economic development for White Lake Township. Forget about bringing home the bacon. Think pan-seared scallops and baked Michigan brie, for this approach brought the Root Restaurant to White Lake Township. The Detroit Free Press named Root Restaurant of the Year in 2012 and Hour magazine granted a Best Chef award in 2013. The restaurant owner had approached another Oakland County community, but the red tape and cost of a liquor license proved to be too daunting. Kowall cut through the red tape, streamlining the process of obtaining the liquor license and reducing its price to the amount it costs to process the paperwork from the State of Michigan. “It’s about making business happen,” said Kowall. “If you want a quality restaurant or business, you can’t be adversarial.”
autonomous vehIcles: movIng mIchIgan foRwaRd Elected to the state Senate in November 2010, Kowall is applying his strong political skills to boost the economy of the entire State of Michigan. Kowall worked with Gov. Rick Snyder for over a year to pass the Autonomous “Voice Of The Construction Industry”®
Vehicle Bill. The amazing abilities of autonomous vehicles include self-parking, car-to-car communication for collision avoidance and self-stopping at red lights. “Autonomous vehicles will have in excess of a trillion dollar effect on the automotive industry here in Michigan,” said Kowall. “It is going to do to the automotive industry what Henry Ford’s assembly did in the past century.” The bipartisan legislation allows automakers to test autonomous vehicles on public roadways and promotes what is called Wave technology, essentially Wi-Fi for cars. California, Nevada and Florida have already approved autonomous vehicle testing, making Michigan the fourth state to enact such legislation. As the main sponsor of this legislation, Kowall knows full well the importance of keeping this technology in Michigan. “Other states were coming to Michigan to get the technology out of the University of Michigan, Michigan State University and Western Michigan University,” said Kowall. “Why should we let other states come to Michigan and take the technology?” Keeping this technology in Michigan will dramatically boost the state’s economy and the construction industry. New and expanding companies will fuel demand for the construction of new space and the hiring of new personnel, said Kowall. Kowall worked his magic to make it happen. “We had extensive hearings on the bill,” said Kowall. “As the main sponsor of the bill, I told Sen. Rebecca Warren, D-Ann Arbor, who describes herself as the most liberal person in the Legislature, what I was doing and how this bill benefits the University of Michigan and her community. She was the second person to sign. When people saw that a conservative republication like myself and Rebecca Warren, a liberal democrat, were on board, everybody else signed on. The legislation passed unanimously in the state Senate, and there was only one ‘no’ vote in the state House.” The core difficulty was negotiating with automotive and software companies that were intent on protecting their intellectual property. Enhancing the penalties for the theft of scrap metal and blocking cash sales is another recent legislative boost for the construction industry, said Kowall. Overall, the Michigan Legislature has improved the construction and business climate by revamping the tax code and making changes in unemployment and workers compensation. “These changes have made it easier to do business in Michigan,” said Kowall. “Getting rid of the MBT and just the simplification of business taxes have been a big deal for small companies.”
JumpstaRtIng mIchIgan’s economy Kowall has a host of innovative strategies and plans to jumpstart Michigan’s economic engine. Kowall wants to introduce the concept of pre-approved properties to Michigan, using Indiana’s program as a template. Indiana compiles lists of pre-approved properties for commercial and industrial developments from local units of government. “I want to do that in Michigan, hopefully within the next four years,” said Kowall. In this system, a European company, for example, can go online and find a building site meeting its criteria. “They can go online and find pre-approved sites in Michigan,” said Kowall. “They can find out where the expressways are, if water and sewer is available, and other items. They will know all of that information before they even put a site plan together.” Pre-approved sites would dramatically slash the time needed to develop a property. “When you are constructing a building it is not about tax incentives, credits or breaks – it’s all about time,” said Kowall. “Your main job is to get that building completed so your customer can get cash flow going.” Kowall has spoken to other senators and many agree that the Legislature should focus on preapproved properties. Bedroom communities that want to remain bedroom communities without any further commercial and industrial development merely opt out of the program by not placing properties on the list. The pre-approved properties concept “would work in concert with the county,” said Kowall. “I have spoken to the Michigan Township Association, and they have agreed to work with us in that regard. It still gives the local community control, but at the same time, it tells the world, we are either open for business or we are not.” Currently, Kowall has passed Port Commission bills out of the state Senate; they currently reside in the state House. “Michigan has more shoreline than any other state other than Alaska, and we’ve never had a unified Port Commission,” said Kowall. The bills allow for bonding out of very large projects, such as grain elevators, a new lock at the Soo, short-haul rail and other shoreline developments. A Port Commission would aid improvements in Macomb County’s golden mile along Lake St. Clair, in both Port Huron’s and Saginaw Bay’s shipping facilities and along Detroit’s riverfront. If re-elected, Kowall is aiming to be the state Senate majority floor leader. “I will be the one in charge of what bills are run,” said Kowall. Today, Michigan’s construction industry has a strong ally and partner in Mike Kowall. After a successful November election, the construction industry will have an even more powerful ally in the state Senate.
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New Developments in Southeast Michigan Mike Kowall, R-White Lake Township, serves Michigan’s 15th State Senate District, including the townships of Commerce, Highland, Holly, Lyon, Novi, Milford, Rose, West Bloomfield and White Lake and the cities of Novi, Orchard Lake, South Lyon, Walled Lake, Wixom and part of Northville. He mentions some of the large developments in these communities and in the rest of Southeast Michigan. The former Ford Wixom Plant will now host a multi-million dollar development for General Trailer, a company providing motorhomes, campers and trailers. “I was chasing them for a good six years,” said Kowall. In addition, a 100-acre commercial site in his district is on the brink of being sold and a major development launched in the near future. A host of hospital projects is also on the boards, including a potential expansion of up to $1.5 billion proposed for the campus of the Henry Ford West Bloomfield Hospital. The proposed expansion may include a hotel, a rehabilitation center and a healthcare research and development facility. Other hospital projects include a complete geriatric village for senior assisted living at Providence Hospital in Novi; an expansion of McLaren Hospital in Clarkston; and an assisted living facility for veterans in Genesys Hospital that was once part of his district. “Every hospital is talking about expansion,” said Kowall. St. Joseph Mercy Hospital held an open house for its new 300,000square-foot South Tower in Pontiac in late April 2014. Kowall is looking forward to new developments in Detroit, including two new condo high-rise projects on the riverfront east of downtown Detroit. “The new Events Center - the new Red Wings arena – just the arena and the infrastructure is 500 million,” said an enthused Kowall. “That whole area will become developed with high-end housing, shops and other entertainment venues. In addition, the M-1 Rail will really make development explode. Clearly, Detroit and its northern neighbor are primed for an exciting array of design and construction opportunities. CAM MAGAZINE AUGUST 2014 21
CONSTRUCTION LAW
Managing Your Company’s Indemnity Rights and Obligations By Noreen L. Slank
W
hen it comes to indemnity contracts, it’s like Dodgers pitcher Elwin “Preacher” Roe said when he was yanked from the game in the second inning: “Sometimes you eat the bear and sometimes it eats you.” There are some things an indemnity-alert company can do to increase the odds of eating that bear. The story of what Michigan’s Supreme Court recently called “the troubled natatorium roof” at the Sherman Lakes YMCA is a poster child for what’s wrong with indemnity lawsuits. There’s too much of it and it lasts too long. The project completed in 1999. The youngest swimmers then are now nearly old enough to be lifeguards. But the indemnity lawsuit over the pesky “natatorium moisture problem” continues. There are already four appellate opinions in the case. The attorney fees incurred must be astounding. The hours that construction companies spent in service to such a lawsuit must be equally astounding. And the most recent opinion isn’t even the end of the story. After finding for the general contractor, the Supreme Court sent the case back to the trial judge to decide if it should recover attorney fees. There are steps companies can take to help avoid such litigation. And there are strategies for making life in such lawsuits less hazardous to a company’s health and bottom line. A few points to set the table. There are four main strategies for companies to manage the risk of death-by-lawsuit: (1) Do good work and do it safely; (2) Have adequate comprehensive general liability insurance, E &O, and excess insurance, including for breach of indemnity contract claims; (3) Carefully monitor indemnity contracts; and (4) Demand, or fulfill, contracts requiring “additional insured” coverage. On the “do good work” point, take your own and your industry’s BestPractices advice. Be generous in advising your fellows. Safety seminars like the ones CAM offers are valuable. On maintaining proper insurance, here’s the bare bones. If all your insurance ducks are in a row, when you agree to indemnify someone, in a written contract signed before a loss happens, you will have insurance coverage up to your policy limits. The claim won’t be excluded by the contractual exclusion in your policy because the contract will be an “insured contract” and the contractual exclusion has an exception for that. There are some fine points that can change this. But basically your insurer will understand it owes you a defense and coverage when you’re sued for breach of an indemnity contract. In the lingo of the industry, you will have “contractual coverage.” Don’t ever buy a policy that excludes such 22 CAM MAGAZINE AUGUST 2014
coverage. The premiums are lower for a good reason: you won’t be buying what you need. On “additional-insured” issues, most CGL policies now include endorsements that expand coverage to anyone you agree to add as additional insureds. That’s what your insurance agent should be supplying you with. It’s unlikely you’ll need to add additional insureds to your policy, one by one, as in the olden days. But there are many, many versions of these so-called “blanket” or “automatic” additional-insured endorsements. And a number of them aren’t very blanket or in any way automatic. They can have a completedoperations exclusion. Or a sole-negligence exclusion. There are many other variants. Purchase the broadest form of this endorsement you can. And sometimes you will need to add an endorsement for a specified additional insured if the contract you’ve signed requires a particular “ISO” (Insurance Services Organization) version of the endorsement. You are being asked to supply certificates of insurance. You’re asking for them too. And insurance agents supply them and type in that someone is an additional insured on some policy for a particular job. That’s nice. But it doesn’t make it so. Every certificate of insurance, in bold capital letters in the top right-hand corner of that “ACORD” form that agents use, says that it doesn’t change the insurance afforded under any policy. To meet your additional-insured contractual obligations, and to avoid a lawsuit (for which you will not have insurance coverage) over whether you breached your contract to provide additional-insured coverage, your policy’s additional-insured endorsement must match what you agreed to provide. Admittedly, this has been a lot of table-setting. But indemnity contracts are just one of the industry’s risk-shifting devices. We like belts, suspenders, and an extra set of trousers. And sometimes our precautions don’t play nice together.
heRe aRe some pRactIcal tIps fRom 35 yeaRs of IndemnIty lawyeRIng. Do what you can to make all your indemnity promises end up in one contract term. More indemnity contract language is usually worse, not better. If you’re the bear, there’s no broader term than “any” and “all.” Combining such broad words with phrases like “allegedly arising out of the performance of your work” makes for strong risk-shifting. That’s what the “Voice Of The Construction Industry”®
“Sherman Lakes YMCA is a poster child for what’s wrong with indemnity lawsuits. There’s too much of it and it lasts too long.”
bear wants. But once you add in a limp or even an overly specific indemnity clause, you create room for argument about what language controls. And if you inadvertently also manage to sign a contract where you agree to indemnify the party that agreed to indemnify you (it happens), that’s not a recipe for an uncomplicated lawsuit. If you’re on the uncomfortable end of an indemnity agreement, watch for stepover/step-through clauses that more or less say “you agree to assume all the indemnity obligations that I’ve agreed to assume toward others.” Such clauses are almost never written so clearly, though. If you aren’t in the cat-bird seat, you probably won’t be able to control how the contract reads. But you might be able to add language the gist of which is “the indemnity obligations and rights that govern [me] are set forth in this subcontract and no place else.” Such language may pass muster. At least make the bear say “no.” You may be able to influence who gets to sue you for breach of indemnity obligations when everyone tenders its defense to you and your insurer politely tells them all to “pound sand.”
Deftly manage your business risk.
An important business source may be sued by someone and then demand you defend them and agree to pay any judgment. It wants you to say “yes.” Maybe you want to say “yes” even if you didn’t do anything that caused the lawsuit. But the decision about how to respond to tender typically isn’t yours to make. Usually it’s your insurer’s call. You must be hesitant to squawk because your insurer is entitled to have you cooperate in your defense. And non-cooperation jeopardizes your insurance coverage. It’s not an easy road. If you’re the bear, don’t be a bully. You have your own insurance policy. Your lawyer is typically insurer-assigned and you don’t have to pay (or don’t pay much) for your defense. Let the lawsuit unfold the way your insurer wants. Don’t let the lawsuit encourage you to cut off a valued, skilled construction partner. If your indemnity lawsuit turns out to be something like the natatorium nightmare, the reality is that it’s your subcontractor’s insurer driving the litigation bus. And your own insurer is fueling it. If you’re in the lunch position, make the bear understand that you aren’t
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CONSTRUCTION LAW your insurer and you canâ&#x20AC;&#x2122;t make it do what you want. Invite them to try and donâ&#x20AC;&#x2122;t get in their way. If you decide that the threat to the business relationship is real, have your personally retained lawyer write to your insurer. The letter must do absolutely nothing to jeopardize your defenses to the indemnity lawsuit because you are going to also send this letter to the bear. The letter should recite all the indemnity language without editorializing. It should point out that you know your insurer will zealously defend you against the claim. But if a court rejects your argument, any settlement or judgment will shift to you and then to your insurer, along with all the costs of your adversaryâ&#x20AC;&#x2122;s defense to the principal claim. If the indemnity contract says youâ&#x20AC;&#x2122;ll have to pay attorney fees for your adversary prosecuting its indemnity case, this would be a good time to point out that contract language (without agreeing to its effect). Ask your insurer to seriously reconsider your adversaryâ&#x20AC;&#x2122;s tender. And if your adversary is also an additional insured under your insurance policy, now would be a good time to point out where, in your subcontract, such language appears. Because sometimes the bear or its insurer is so busy growling, it doesnâ&#x20AC;&#x2122;t make the duality of its relationship to your insurer clear when it tenders. If the business risk is high, have your lawyer write a second letter to your
insurer. That one shouldnâ&#x20AC;&#x2122;t be sent to your adversary. It can be â&#x20AC;&#x153;doom & gloom,â&#x20AC;? in all the specific ways lawyers will explain, dwelling on why youâ&#x20AC;&#x2122;re going to be toast as far as the indemnity lawsuit is concerned. It should try to persuade your insurer to assume your adversaryâ&#x20AC;&#x2122;s defense because thatâ&#x20AC;&#x2122;s what the subcontract calls for and because thatâ&#x20AC;&#x2122;s what is in your insurerâ&#x20AC;&#x2122;s best interest. If your insurer awaits the end of the indemnity lawsuit, it will pay an indemnity judgment that includes your adversaryâ&#x20AC;&#x2122;s attorney fees and it will also incur the expense of defending you. Donâ&#x20AC;&#x2122;t have your lawyer overdo it, but when insurers donâ&#x20AC;&#x2122;t defend who theyâ&#x20AC;&#x2122;re supposed to and it hurts their insured that could be bad faith. There could be consequential damages because your adversary will withhold future business if this isnâ&#x20AC;&#x2122;t resolved the way it should be.
â&#x20AC;&#x153;Storage is cheap. Lawsuits are expensive. Keep all the contracts you sign.â&#x20AC;?
Preserve any contracts you sign that have indemnity or additional insured terms. One almost-good excuse once emerged for a client not having a copy of its indemnity contract: Hurricane Katrina. Keep all your contracts, jobsite by jobsite. In Michigan, you can sue or be sued for contractual indemnity for six years after the contract is allegedly breached. Exactly when such a breach occurs is a tricky legal question. Itâ&#x20AC;&#x2122;s
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â&#x20AC;&#x153;Voice Of The Construction Industryâ&#x20AC;?ÂŽ
probably when a tender of defense is refused. But a breach doesnâ&#x20AC;&#x2122;t happen the day an injury happens. So indemnity lawsuits can legitimately take many years to get started. Storage is cheap. Lawsuits are expensive. Keep all the contracts you sign.
Indemnity contracts should be signed before an injury or loss happens, not after.
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Occasionally, work begins before contracts are signed. If youâ&#x20AC;&#x2122;re the bear, donâ&#x20AC;&#x2122;t let that happen. It is no part of good. If youâ&#x20AC;&#x2122;re the lunch, once thereâ&#x20AC;&#x2122;s blood on the pavement or the natatorium roof is already leaking it is a terrible time to be signing indemnity contracts. Your insurer might decide it defeats your contractual coverage. It might be wrong about that. But in high-stakes litigation, adding that issue into the mix isnâ&#x20AC;&#x2122;t wise. If youâ&#x20AC;&#x2122;re asked to sign a contract after the loss, quickly let your insurer know about the demand. Then you will honestly be able to tell your adversary that your insurer directed that you canâ&#x20AC;&#x2122;t sign the contract now because otherwise you wonâ&#x20AC;&#x2122;t have any insurance coverage for their claim.
Promptly tell your insurer about losses or injuries that might activate your indemnity obligations. Prompt notice of lawsuits or potential claims helps keep your insurer satisfied. Thatâ&#x20AC;&#x2122;s important. If late notice prejudices your defense, your insurance coverage will be jeopardized. And some insurers might have an exaggerated sense of what prejudice is. Promptly tell your insurer about claims and potential claims. Donâ&#x20AC;&#x2122;t try to manage the claim in-house. Be especially careful when answering questions about such matters in insurance applications and renewal applications. It might increase your premiums to allow candor to help manage your risk. But the risk of having no insurance because an insurer successfully argues your notice was late or your application was false could be the biggest risk of all.
Listen to â&#x20AC;&#x153;Preacherâ&#x20AC;? Roe. Companies use a variety of strategies to alertly manage their lawsuit risk, including indemnity contracts. â&#x20AC;&#x153;Preacherâ&#x20AC;? Roe attributed his baseball longevity to â&#x20AC;&#x153;clean living and spitballs.â&#x20AC;? Think that way about risk management: live clean but get ready for the spitballs. About the author: Noreen Slank heads the appellate department at the law firm of Collins, Einhorn, Farrell and Ulanoff, in Southfield. Her law practice includes insurance coverage, indemnity and personal injury litigation.
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Nationally recognized by Fortune Fortune Magazine as part part of 0DUWLQGDOH +XEEHOO¡V Ă&#x20AC;UVW HYHU ´7RS 5DQNHG /DZ )LUPVÂľ 0DUWLQGDOH +XEEHOO¡V Ă&#x20AC;UVW HYHU ´7RS 5DQNHG /DZ )LUPVÂľ 5DQNHG D ´%HVW /DZ )LUPÂľ E\ 8 6 1HZV ² 5DQNHG D ´%HVW /DZ )LUPÂľ E\ 8 6 1HZV ² %HVW /DZ\HUV LQ $PHULFDÂŽ %HVW /DZ\HUV LQ $PHULFD Â&#x2021; &RQVWUXFWLRQ $FFLGHQW /LWLJDWLRQ Â&#x2021; &RQVWUXFWLRQ $FFLGHQW /LWLJDWLRQ Â&#x2021;Â&#x2021; ,QGHPQLW\ &RQWUDFWV ,QGHPQLW\ &RQWUDFWV Â&#x2021;Â&#x2021; ,QVXUDQFH &RYHUDJH ,QVXUDQFH &RYHUDJH â&#x20AC;˘ Employment Law Â&#x2021;Â&#x2021; 7UXFNLQJ /LDELOLW\ 7UXFNLQJ /LDELOLW\ â&#x20AC;˘ Appeals Â&#x2021; $VEHVWRV 2WKHU 7R[LF 7RUW /LWLJDWLRQ Â&#x2021; $VEHVWRV 2WKHU 7R[LF 7RUW /LWLJDWLRQ & &217$&7 &$0 0HPEHU 1RUHHQ 6ODQN 217$&7 &$0 0HPEHU 1RUHHQ 6ODQN (248) 355-4141 â&#x20AC;˘ noreen.slank@CEFLawyers.com 4000 T Town own Center, Center, Suite 909 Â&#x2021;Â&#x2021; 6RXWKÂżHOG 0, 6RXWKÂżHOG 0, CAM MAGAZINE AUGUST 2014 25
CONSTRUCTION LAW
Time to Update and Conform Construction Lien, Bond and Trust Fund Statutes By Gary Quesada
B
usiness is more efficient when the participant actors can easily navigate industry rules and regulations, and when risks are identifiable, predictable and manageable. Construction is a risky business for many reasons, including the nature of the transaction and magnitude of the investment. Parties are generally required to provide an improvement to real property first, and receive payment second, often waiting for payment to “flow down” from an upstream source. The inherently risky nature of construction is made even more perilous when parties who receive the benefit of the improvements fail to pay for value received, or worse, the parties that receive payment intended for the improvements divert those funds to other uses, leaving the parties who provided labor and materials uncompensated. Over the years, legislation has been enacted in Michigan and other states to protect contractors, subcontractors, laborers, material-men, and owners from poor and/or treacherous practices in the industry, and to make working in the design and construction industry a more predictable and secure venture. While we are busy re-inventing Michigan, the time has come to update this set of Michigan statutes. The statutes at issue are known as: the Construction Lien Act, MCL 570.1101 et. seq. (”Lien Act”); Contractor’s Bond for Public Buildings or Works Act, MCL 129.201 et. seq. (“Bond Act”); and the Building Contract Fund Act, MCL 570.151 et. seq. (Trust Fund Act”). Each statute plays an important role in securing payment for providers of construction goods and services, and protecting owners from claims. Although drafted and enacted separately, these three statutes are interrelated in advancing the policies that underlie them. Together, the statutes provide that payment duly earned for improvements to real property be secured, and those who would divert funds meant to pay for improvements be personally responsible. The reforms proposed here would not change the intent of these statutes, for the original intent remains relevant and even essential to the industry. Rather, reform is needed to fulfill the intent more fully and effectively in today’s marketplace. Because the statutes were drafted separately and the case law evolved independently, the interrelation today is imperfect and incomplete. To many industry participants the application of these laws is unnecessarily dissimilar, complicated, and even perplexing. Making these beneficial rights less confusing and more accessible should be part of re-inventing a more construction-friendly Michigan. The proposed reforms are intended to fill gaps left open, homogenize procedures, and advance the same underlying public policies throughout the statues. These proposals are designed to maintain fairness to all
26 CAM MAGAZINE AUGUST 2014
industry participants who are affected by the flow of money (or lack thereof) during the process of a construction project. Below are some illustrative examples of the proposed reforms.
codIfy case law decIsIons Courts must apply statutory directives from the Legislature during litigation, and when cases are “published” at the appeal court level, the statutory interpretations in this case law becomes binding precedent. Business people then rely on that legal precedent for planning and risk management. The simplest aspect of the proposed reforms is to codify some of the legal precedent that currently exists. Because case law is court-made, a subsequent court can (and sometimes does) find reason to overturn previous decisions. The benefit of codification is to fix the law in its current state. One proposed reform is to codify Pi-Con v. AJ Anderson, 458 N.W.2d 639; 435 Mich. 375 (1990), which protects sureties and bonded contractors by requiring that written notice from claimants is actually received before a claimant’s bond rights are perfected. The Pi-Con rule has become even more practical with today’s technology, because a claimant can easily track certified mail with the click of a mouse, and re-send if the notice fails to reach its destination. Another codification relates to the Trust Fund Act, which is a penal statute, and doesn’t expressly provide a right of action for civil damages. In Farnell v Monahan, 141 N.W.2d 58; 377 Mich. 552 (1966), the court held that a civil action may be maintained when the duties imposed by the statute are not fulfilled. Farnell has been followed ever since and this decision should be codified, along with a clarification that in a civil action, the burden of proof is upon the trustee to demonstrate compliance with his fiduciary duties.
claRIfy undeteRmIned Issues Historically architects, engineers or surveyors have worked directly for owners, and the Bond Act does not reference these parties. Although it is generally assumed a designer or professional surveyor properly situated as a “claimant” in a design-build delivery method is entitled to make a bond claim, this is only an assumption unless and until a court interprets the statute in an appropriate case. Therefore the statute should be updated to expressly protect designers and professional surveyors in these circumstances. The same reform is needed for the Trust Fund Act, which makes no “Voice Of The Construction Industry”®
express reference to architects, engineers or surveyors. Clearly the policy underlying the Trust Fund Act applies equally to designers and surveyors providing services in a design-build delivery method.
standaRdIze notIce pRoceduRes and elImInate “tRIp wIRes”
The inherently risky nature of construction is made even more perilous when parties who receive the benefit of the improvements fail to pay for value received, or worse, the parties that receive payment intended for the improvements divert those funds to other uses, leaving the parties who provided labor and materials uncompensated.
The purpose of notices under the Lien and Bond Acts is to give parties the opportunity to protect themselves, once they are notified. Once a bonded party or owner knows of a potential claimant, protective measures can be undertaken. PiCon requires actual receipt of notice by the bonded contractor. The Lien Act is vague on whether the owner must receive actual notice, so the statute should be amended to apply the Pi-Con rule to both Bond and Lien claims. While the Bond Act under Pi-Con fairly protects bonded parties, it includes a severe risk for subcontractor and supplier claimants. A “first notice” must be provided to the bonded contractor within 30 days of the first provisions of labor or materials. If a subcontractor or supplier does not achieve actual notice within the 30 day period, the claim is completely barred. This rule creates a “trip wire” for unwary claimants. In contrast, the Lien Act requires that a “notice of furnishing” from a subcontractor or supplier must be provided to the owner within 20 days
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after first furnishing of labor or materials. First, the function of the bond and lien notice provisions is similar and the time periods are unnecessarily dissimilar and confusing. To avoid confusion, both the “first notice” and “notice of furnishing” periods should be made identical at 30 days. Second, the Lien Act is more fair and reasonable, and does not constitute a trap for the unwary. Rather, under the Lien Act if a potential claimant failed to provide notice of furnishing within the initial designated period, notice may still be provided thereafter. Although a late-filed notice of furnishing may not cover all labor or materials provided (depending on the parties’ compliance with other provisions of the Act), this rule reflects a more fair and reasonable procedure, and the principle should be applied in both the Bond and Lien contexts. Claimants under both statutes should enjoy the same protections and procedures.
standaRdIze use waIveRs of lIen
of
swoRn
statements
and
Sworn statements and waivers of lien are provided for in the Lien Act, and serve the important functions of providing information and assuring protection from liens for private owners. The Bond Act does not include these instruments. However in practice, public owners often adopt the
CAM MAGAZINE AUGUST 2014 27
CONSTRUCTION LAW procedures from the Lien Act by requiring sworn statements and lien waivers, and the parties proceed as if the function is the same as under the Lien Act. The Bond Act should be updated to include the use of sworn statements and waivers of lien, so there is no question the effect of these documents will be consistent with the Lien Act.
fIll the gaps The Trust Fund Act protects those who provide labor or materials for improvements to real property. However, rental equipment suppliers that contribute significantly to property improvements are not expressly covered Under the Act. As a result, the court in KMH Equipment Co. v. Rogers, 305 N.W.2d 266; 104 Mich. 563
(1981) held that the Trust Fund Act does not apply to equipment suppliers. This gap needs to be filled, and equipment suppliers need to be expressly covered. Further, when the statutes were written there were no “construction managers” as we know today. Construction managers should be added to the parties listed in the statutes, as appropriate.
complete the statutoRy scheme Currently, the Trust Fund Act is only applicable to private projects. One of the most important reforms proposed is that the Trust Fund Act be applied to public projects in the same manner. The purpose of the Trust Fund Act has no less importance or application in the public arena. In some ways, it is more important for public projects, because public land is not subject to liens. Therefore, when a trustee of funds diverts those funds, the duty to pay subcontractors or suppliers falls upon the bonded party, who retained no improvement but may pay twice for the same labor and materials. The Trust Fund Act would serve to deter the trustee from wrong-doing, and provide a remedy for the bonded party. As a matter of public policy the Lien Act prohibits a contract provision that requires a party to waive the right to a construction lien before work is performed. The Bond Act contains no such prohibition, and unlike for private projects, parties involved in public projects can be forced to waive bond rights prospectively. The public policy should apply to public projects as it does private projects, and the Bond Act should be amended accordingly.
conclusIon
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The above proposals represent some, but not all, of the reforms needed to comprehensively update the Lien, Bond and Trust Fund Acts for the 21st Century. Owners, sureties, architects, engineers, surveyors, general contractors, subcontractors, laborers, material-men and equipment suppliers all will benefit from comprehensive reform that clarifies, conforms and completes the intended beneficial rights intended by these statutes. This is one issue all participants in Michigan’s design and construction industry can support together.
About the author: Gary D. Quesada is an attorney and a member of CAM’s Government Affairs Executive Committee. His practice is concentrated in the design and construction industries, representing architects, engineers, contractors, suppliers, sureties, private owners, and public entities. Quesada has been named Honorary Aff. AIA and one of Metro Detroit’s Top Lawyers by DBusiness Magazine. He may be contacted at GQuesada@CQlawfirm.com or at www.MichiganConstructionLaw.com.
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To combat frustrations associated with bathroom mold and mildew, DewStop, the innovators of the latest “smart fan” technology, have introduced their newest model. The new FS-300 Adjustable Humidity and Condensation Fan Control with integrated QUE™ moisture prediction software, senses when condensation is present and automatically turns the fan on to dispel moisture which can otherwise cause mold and mildew. The U.S. Environmental Protection Agency (EPA) warns that molds “have the potential to cause health problems” because they “produce allergens, irritants, and in some cases, potentially toxic substances.” The Agency goes on to stress, “Places that are often or always damp (like the bathroom) can be hard to maintain completely free of mold.” One of the ways this problem can be overcome is by “increasing ventilation (running a fan),” which “will usually prevent mold from recurring.” The key element to that piece of advice is “running” the fan. The new FS-300 model from DewStop controls the fan when people forget to. Best of all, it works with any new or existing ventilation fan. Features and Benefits of the DewStop FS-300 Adjustable Bathroom Condensation Control (MSRP $45): • QUE™ Technology Patent-pending Ultra moisture sensing adaptive technology • Adjustable Condensation Sensors Turn on the fan when condensation is present and off when dry Adjust sensors to solve moisture problem Helps fight mold • Adjustable Countdown Timer Enables ability to choose how long the fan should run Great for tenant and family use • LED light Shows when the fan is ON • Manual ON/OFF Control For immediate ventilation • Concealed Adjustment Settings Tamper proof settings cover • May be used to comply with CALGreen/ Title 24 • Available with optional light integration (Model FS-325) DewStop products are available in white and almond and are available through Wholesale Distributors and many national retail chains. For additional information on the company, please visit www.DewStop.com.
“Voice Of The Construction Industry”®
Acuity Brands Introduces New LED Flush Mount Luminaire from Lithonia Lighting Acuity Brands, Inc. introduces the 7-inch LED Versi Lite™ flush mount luminaire from Lithonia Lighting®. The LED Versi Lite luminaire offers an 84 percent reduction of power consumption compared to 60-watt incandescent flush mount options and is designed for applications such as hallways and corridors, utility closets, bathrooms and work areas. The LED Versi Lite flush mount luminaire delivers an expected service life of 50,000 hours and produces 660 lumens with a high color-rendering index (CRI) of 85. It is available in a wide range of color temperatures (CCTs) including 2700K, 3000K, 3500K and 4000K and is dimmable on standard TRIAC dimmers. “The LED Versi Lite luminaire is designed for easy installation compared to standard remodel-type downlights,” said Michael Eckert, Lithonia Lighting Value Stream Manager, Decorative / Residential Indoor. “The LED Versi Lite luminaire mounts directly to a 4-inch junction box to simplify the installation and dramatically reduce installation time and cost.” The LED Versi Lite luminaire features sophisticated microDRIVE™ Technology that eliminates the need for an LED driver. It enables connection of up to 60 LED Versi Lite luminaires to a single 600W dimmer. For more information on the features and benefits of the 7-inch LED Versi Lite flush mount luminaire, please visit www.lithonia.com or www.acuitybrands.com.
Ultra Spec® 500 Interior Paint Zero-VOC Ultra Spec 500 is a professional-quality indoor coating designed to meet the needs of professional painting contractors, facility managers, and property managers. Available in a wide range of sheens and unlimited colors, professionals will appreciate its excellent hiding and touchup properties, good flow and leveling, easy application, and soap-and-water cleanup. Available in: Primer, Flat, Low Sheen, Eggshell, Semi-Gloss, and Gloss. For more information, visit www.benjaminmoore.com.
Your
Vision…
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Legacy…
The Bricklayers and Allied Craftworkers Union Local #2 of Michigan proudly continues the tradition of excellence.
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CAM MAGAZINE AUGUST 2014 31
PRODUCTS FOR INTERIORS AND FINISHES
Chicago Faucets 3510 Series Named 2014 Money-Saving Product by BUILDINGS Magazine The Chicago Faucets 3510 Series water-conserving metering faucets were selected by BUILDINGS Magazine as a 2014 Money-Saving Product. As part of an elite group of 97 architectural products being showcased in the June 2014 issue of BUILDINGS, the 3510 Series takes its place in the Water Savings category. The Chicago Faucets 3510 Series with a 0.5 GPM (1.9 L/min) nonaerating outlet saves water in public and semipublic restrooms. The manual mechanism features separate levers for precise water flow and temperature control. This dual-function flow design, where the top lever controls water volume and the side lever controls water temperature, allows the user to find the ideal temperature and leave the faucet set to that temperature across multiple usages. The temperature can be adjusted when needed and quickly returned to the preferred setting. Models are also available with concealed temperature control and a vandal-resistant cap for consistent water temperature and added comfort and safety. A solid ECAST brass, chrome-plated body provides unmatched durability while meeting requirements for the reduction of lead in plumbing fixtures. The faucet is ready to install right out of the box, with pre-installed, flexible, stainless steel hoses that connect to standard water supplies and a built-in check valve. In addition, 3510 Series faucets feature a time-tested ceramic cartridge that provides a positive on and off stop. These faucets are fully ADA compliant. For additional information, contact The Chicago Faucet Company at 2100 South Clearwater Drive, Des Plaines, IL 60018, or call 800-5662100. You can also visit Chicago Faucets at www.chicagofaucets.com.
The Denizen Secretary Denizen Secretaries fit easily in both office and home settings, illustrating a new approach to the traditional personal workspace and fusing insightful work process solutions with beauty and comfort. Available in two open heights and a closable full height cabinet, the secretaries offer file storage, pullout keyboard trays, smart cord management, and cork display boards. Create a landscape with slip-fit Denizen benches and storage elements, or use alone. • Oak, Maple, Grey Ash, Cherry, Walnut, or Teak Veneer • Brushed Nickel or Painted Base • Three Height Options • Standard File Storage, Cork Displays, Pullout Keyboard Trays, Cord Management • Optional Locks • SCS Indoor Advantage™ Certified Specifications: • Overall Depth: 19” • Overall Width: 52” • Overall Height: 42” Order by calling (877) 473-1113 or visit www.coalesse.com.
Moving in Concert with Herman Miller Bill Stumpf and Jeff Weber saw an unsolved problem: the lack of physical harmony between people and their computers. Elements support wrists, back, and eyes individually, but don’t work together. It was a challenge both Stumpf and Weber could relate to. “You can’t design without empathy,” said Weber. “Since design has become more technology based, we’ve had to sit in our chairs in front of computers for longer periods, just like everyone else. We identify with the problems people have as a result of sitting.” The solution was the combination of Envelop and Embody - an easy, coordinated way for you, your chair, desk, and technology to remain in alignment as you move through a range of postures. They call it “concordance.” You’ll call it moving in concert for comfort and health. For more information, go to www.hermanmiller.com or call (888) 798-0202.
32 CAM MAGAZINE AUGUST 2014
“Voice Of The Construction Industry”®
Moisture Control is what we do! We specialize in preventing or resolving moisture-related flooring problems - in some cases, in as little as 2 hours. TCP Global Offers Master Airbrush System
It is never too early to call us... It is never too late either!
Complete Professional Master Airbrush Multi-Purpose Airbrushing System with 2 Master Airbrushes, Createx Primary Colors Airbrush Paint Kit (6 Colors)
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Airbrush Models: G22 Gravity Feed, S68 Siphon Feed and the TC-20 Professional Airbrush Compressor. This versatile system is ideal for multiple uses. The complete system includes: • Master Airbrush Model G22 Airbrush Set Master performance multi-purpose high performance dual-action airbrush with a 1/3 oz. Gravity fluid cup and a 0.3mm needle & nozzle that allows you to spray from hairline up to 1-1/2” wide patterns (full one-year warranty). • Master Airbrush Model S68 Airbrush Set Master performance multi-purpose precision dual-action siphon feed airbrush with a 0.35 mm needle/nozzle, 3/4 oz. fluid bottle and a 1/6 oz. color cup that allows you to spray from fineline up to 2” wide patterns (full one-year warranty). • Master Airbrush Air Compressor Model TC-20 Professional high performance single-piston airbrush air compressor with air pressure regulator with gauge & water trap filter (full twoyear warranty). • Createx Primary Colors Airbrush Paint Kit (6 Colors in 2 oz. Bottles) Opaque blue, light green, yellow and red, plus opaque black and white • 6 Foot Braided Air Hose with 1/8” Fittings • Airbrush Quick Disconnect Coupler with 3 Plugs: 1/8” bsp female thread connections • Compressor mounted airbrush holder that holds two airbrushes • How-To-Airbrush Manual & Guide Booklet by Master Airbrush
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For more information, call (858) 909-2110 or visit www.tcpglobal.com
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CAM MAGAZINE AUGUST 2014 33
PRODUCTS FOR INTERIORS AND FINISHES
ECHOtape Introduces New Insulation Tape Line Comprehensive Line of Tapes Ideal for Building and Construction Professionals ECHOtape, a leading specialty tape supplier, introduced four new products to launch its Insulation Tape Line for residential and commercial contractors. The line includes a variety of seaming and double sided tapes used in the mechanical insulation industry as well as with reflective insulation systems. The initial products launched in the line include All Purpose Aluminum Foil Tape, an All Purpose White Aluminum Foil Tape, an All Temperature FSK Insulation Tape, and a Cold Weather Double Coated Polyester Tape. These will initially be available through Service Partners (www.service-partners.com), one of the largest distributors of insulation products in the United States. These new tapes are the first of several new products in ECHOtape’s Insulation Tape Line. Over the next several months, additional Facing Tapes and an All Service Jacketing (ASJ) Tape will be added to the line. The All Purpose Aluminum Foil Tapes are used on seams and joints of fiberglass and aluminum-backed duct board, jacketing, and for seaming reflective insulation. These high-strength tapes are coated with a superiorperformance, flame-retardant solvent acrylic adhesive. Applications for this tape include sealing joints and seams of foil-faced insulation materials. The All Temperature FSK (Foil, Scrim and Kraft) Insulation Tape uses a combined pressure-sensitive adhesive and release liner to seal cold and dualtemperature duct seams and joints where FSK is the basic insulation facing. The tape is coated with a high-performance, flame-retardant cold weather acrylic adhesive, and is designed for tear-resistant sealing. The tape has an excellent adhesion capability at normal application temperatures, combined with super low temperature performance. Applications for this tape include seaming and joining joints of FSK laminated board and jacketing insulation. The Cold Weather Double Coated Polyester Tape is a high-performance double-sided polyester film (PET) tape that forms a permanent bond with a wide variety of surfaces. The tape is coated on both sides with cold weather acrylic pressure sensitive adhesive. Applications for this tape include lap seals on laminated and reflective insulation, permanent bonding of foams, plastics, metals and composite materials, and insulation mounting under a broad range of
environmental and temperature conditions. The All Purpose White Aluminum Foil Tape is a foil tape with a white aluminum facer to match the acrylic-coated aluminum facing of THERMAX™ & Atlas™. This tape is also coated with a superior-performance, flameretardant solvent acrylic. The tape is used to laminate insulation materials such as rigid polystyrene boards and fiberglass. Applications for this tape include lap joint and vapor seal on Dow THERMAX™ foil face board, joining and sealing flexible air duct seams and connections, and general purpose holding, patching, sealing and masking applications both indoors and outdoors. According to the North American Insulation Manufacturers Association (NAIMA) architects, builders, and contractors are concerned about highperformance and sustainable construction, since buildings account for more than 40 percent of energy usage worldwide. Recent statistics also found that more than 65 percent of American homes are under-insulated by minimum standards. The U.S. insulation market is a $7.7 billion industry, and replacement insulation is a larger part of that industry than new home insulation. Insulation is also important to ductwork and HVAC systems, since according to the Department of Energy, about 20 percent of hot or cold air flowing through ducts is lost to leaks, resulting in higher energy bills, wear and tear, and discomfort inside a building. To learn more about the new Insulation Tape Line, visit our website at www.echotape.com, call 800-461-8273, or e-mail info@echotape.com.
Eaton’s Cooper LightingDivision Expands Halo LED Recessed DownlightCollection New Products Provide a Wider Selection of LED Color Options Eaton’s Cooper Lighting division has added new models to its Halo light-emitting diode (LED) RL46 and RL56 retrofit families, providing customers with a wider selection of color options to satisfy more lighting design needs. Both product lines now offer a 3500 Kelvin (K) correlated color temperature (CCT) option and for the first time and offer select models with a 90 (minimum) color rendering index (CRI).The fixtures can provide up to $400 in energy and maintenance (lamp replacement) savings over the life of the fixture and are expected to last 22 years (based on six hours daily use at $0.11 per kilowatt hour). Suitable for new construction, remodel and retrofit installations, the all-in-one recessed baffle trim products feature an integrated LED module with a convex lens that provides uniform illumination. The Halo RL46 LED Retrofit Baffle Trim is designed to fit into 4-inch housings and the Halo LED RL56 Retrofit Baffle Trim is designed to fit into both 5-inch and 6-inch housings by Halo, All-Pro and other compatible housings. Both families offer select models available in nominal 2700K, 3000K and 3500K CCT and 80 or 90 CRI, delivering more than 600 lumens. The RL46 series consumes 10.5 watts while the RL56 series consumes 9.4 or 10.5 watts, depending on the selected model. All the products are designed to deliver a long life of 50,000 hours and feature an integral LED driver offering 120-volt dimming capability. Both families are available in either Matte White or popular designer Satin Nickel finishing. The LED baffle trims feature easy installation with included adapter and torsion springs or optional friction blades. In addition, the fixtures feature die-cast construction, making any housing AIR-TITE™ for added heating, ventilation and air conditioning (HVAC) savings and code compliance. ENERGY-STAR® qualified for both commercial and residential applications, the fixtures are wet and damp location listed (protected ceilings), Restriction of Hazardous Substances Directive (RoHS) compliant and can be used for International Energy Conservation Code (IECC), Washington State Energy Code (WSEC) and California Title 24 High Efficacy compliance with designated LED housings. For more information on the Halo LED downlighting products, visit www.cooperlighting.com. 34 CAM MAGAZINE AUGUST 2014
“Voice Of The Construction Industry”®
“Cubicals” in an Hour - Cubicles that Save Dollars and Make Sense
Masterchem Industries Introduces KILZ® HIDEALL™ Multi-Surface Primer and Sealer In the Convenience of a Two Gallon Pail, New Primer Sealer Promotes Adhesion and Provides Excellent Hide Masterchem Industries, maker of KILZ® brand products, today announced KILZ® HIDE-ALL™, a new primer sealer product exclusively available at Lowe’s stores nationwide. Available in a project size two gallon bucket, the primer and sealer offers contractors, paint and wall covering professionals, remodeling professionals and property managers excellent hide at a competitive price point. With a multi-surface formula, KILZ HIDEALL helps prepare surfaces for painting and evens permeability. It’s recommended to use KILZ HIDE-ALL primer on interior surfaces including drywall, cured plaster, woodwork, masonry, concrete block, brick and previously painted areas. The highhiding, fast drying, latex primer sealer helps minimize issues caused by dark colors and minor surface stains to create a consistent canvas for the desired finish. “With a number of KILZ products available at Lowe’s, the addition of KILZ HIDE-ALL ensures there is a high-hiding, hardworking primer available for painting projects under tight budgets,” said Tim O’Reilly, manager, professional products and services for KILZ. “With exceptional hide, and at a very attractive price point, KILZ HIDE-ALL is a primer sealer designed to get the job done.” For professionals, KILZ HIDE-ALL comes ready to brush, roll or spray, and can be top-coated after one hour with latex or oilbased paint. To learn more about the entire KILZ product portfolio visit www.kilz.com. Visit us online at www.cammagazineonline.com
The Bush-Office-InAn-Hour (OIAH) office “Cubicals” furniture system is a durable, highly functional workstation that was designed and engineered with one mission in mind: Affordable Simplicity. Cubicals are ready to assemble and go together in about 60 minutes, with NO technical expertise required. With OIAH Office Cubicals there are no barriers to acquisition; you can order OIAH Office Cubicals in quantities as low as one. These great looking Cubicals typically ship UPS/FedEx within 24 hours and are factory packed to arrive safely at your door in as little as 3-5 days. Offering FREE delivery and self-set-up, the OIAH Cubicals offer a great value. Choose from three configurations and two price and service options; save by choosing Inside Delivery with Self Installation, or specify Fully Assembled. Available in Bush Hansen Cherry Finish; Cream/Blue Fabric; and Metal Frames/Supports. For more information, visit www.cubicles.com.
Not all Terrazzo is created equal Insist on MBI installed Terrazzo
15033 NINE MILE RD • EASTPOINTE, MI 48021 P. 586.776.4990 • F. 586.776.0950 MBI@MICHBROS.COM • WWW.MICHBROS.COM CAM MAGAZINE AUGUST 2014 35
PRODUCTS FOR INTERIORS AND FINISHES
Shaw Contract Group’s Augment Tile Carpeting Style Augment Tile 5T064 carpeting will enhance any indoor workspace. From the “Virtual Spaces” collection, it features a multi-level pattern loop, and is made of Solution Q Extreme® Nylon with EcoWorx® Tile backing. 100% solution dyed, the tiles are 24” x 24” (60.96 cm x 60.96 cm). Tufted weight is 20.0 and it has a Lifetime Commercial Limited warranty. For more information, call (800) 257-7429 or visit www.shawcontractgroup.com.
Larson Electronics Releases an Explosion Proof LED Light Cart for Paint Spray Booths
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Larson Electronics has announced the release of an updated version of their popular wheeled cart mounted explosion proof LED paint spray booth light. The EPLCD-48-2L-LED-G2 paint spray booth cart light is designed to provide a high output, mobile lighting solution that can be easily maneuvered about the work area. The EPLCD-48-2L-LED-G2 explosion proof paint spray booth light on a dolly cart from Larson Electronics is a powerful LED lighting solution for those who need the full power illumination of a permanent fixture as well as the mobility of a portable light. This Class 1 Division 1 and Class 2 Division 1 & 2 cart mounted fixture provides operators the ability to quickly and easily add a high output light wherever it is needed. Equipped with an EPL-48-2L-LED-G2 explosion proof fixture, this cart draws only 56 watts of power while producing 5500 lumens of light. The new cart design on this paint booth light features copper free aluminum construction, four wheels, and a new fold down handle that makes maneuvering the unit into tight spaces a breeze. Operators can roll this unit in the upright position or lay flat, and the long fold down handle allows operators to easily slide the cart underneath paint booth projects without having to get down on their knees to position the light. Included with this unit is 50 feet of abrasive and chemical resistant SOOW cord equipped with an explosion proof plug to provide safe power connections and ample length for moving the unit around the work area. This paint booth light is designed to run on universal voltages ranging from 120 to 277 VAC, and is available in 12 VDC, 24 VDC, or 347 volt and 480 volt versions as well. The portability of these units make them well suited to any hazardous location where a portable light source capable of illuminating large areas is needed on a temporary basis. Larson Electronics produces a full range of industrial and commercial lighting equipment, LED work lights, industrial grade explosion proof lighting, and intrinsically safe LED work lights. To view the entire line of Larson Electronics line of industrial grade lighting solutions, visit them on the Web at Larsonelectronics.com. You can also call 1-800-369-6671 to learn more about all of Larson Electronics lighting products, or call 1-214-616-6180 for international inquires. “Voice Of The Construction Industry”®
Popular Almond Hue Added to EverNew® Panorama® Composite Railing System, Offering Long-Lasting Beauty and a Well-Coordinated Look CertainTeed is updating color options for its EverNew® Panorama® composite railing system, helping building professionals maximize design potential for living spaces. Now available in Almond - one of the company’s most popular colors for exterior siding and fence products - the Panorama system can easily complement a home or office curb appeal for years to come. “EverNew Panorama railing is a sustainable, durable alternative to wood railing and provides care-free architectural detail,” said Patti Pellock, senior marketing manager for CertainTeed’s Fence, Railing and Deck Business. “The new Almond color coordinates perfectly with our complete line of composite decking, vinyl fence, siding and trim, creating countless options for designing more attractive, inviting outdoor living spaces.” Also available in White, EverNew Panorama is a co-extruded composite railing system that features the look of freshly painted wood with true architectural details, without the maintenance hassles. It is available in three baluster options - Square Composite, Decorative Steel and Colonial Vinyl. Unlike other composite railing, Panorama is fully wrapped with polyvinyl chloride (PVC) for a weatherable finish that replicates smooth, painted wood from all angles. Panorama comes as a complete system, including universal rails, top rail, balusters, crush block, post sleeve, and patented post cap and trim ring. Its integrated system is designed to install quickly and easily with few pieces. Kits come with all necessary hardware to expedite installation and ensure
accuracy, including corrosion-resistant stainless steel hardware. Once installed, there’s no exposed cavity in the top rail, contributing to the system’s strength and appearance. Panorama is also covered by a 25-year limited warranty with 2-year SureStart™ parts and labor protection. Made from high recycled content, EverNew Panorama railing is GreenCircle Certified® for environmental performance and is manufactured with a commitment to sustainability. It requires no painting, staining or chemical treatment, and is designed to last much longer than wood railing, meaning it won’t need to be replaced as often. CertainTeed offers unsurpassed Freedom of Choice™ through its industryleading portfolio of long-lasting polymer, insulated and vinyl siding as well as fence, railing, decking and exterior trim. CertainTeed offers the advantage of using exterior products from a single source that are designed to mix-andmatch with each other and feature authentic textures, versatile styles and rich color combinations, for a beautifully coordinated look. As the result of a strong commitment to environmental responsibility, CertainTeed is the first manufacturer to issue and publish third-party validated life cycle assessments (LCA) for its vinyl and trim product lines. Visit www.certainteed.com/freedomofchoice for more information.
Real Value
in ROOFING SERVICES SMRCA Roofing Contractors are Union trained professionals that deliver real value on every project. Value is not based on price alone. It is the combination of service, quality and knowledge we bring to every project. It is the M.U.S.T. Safety Training and Drug Testing SMRCA crews complete.
SMRCA Contractors are established companies with years of experience in providing responsive service, superior workmanship and exceptional value. Call us today at 586.759.2140 to receive our free “Roofing Facts” brochure or contact one of the SMRCA Contractors below for a no-cost estimate on your next roofing project or visit us at www.smrca.org.
It is our expertise in various roof systems to fit architectural requirements and owner’s needs. It is our Michigan roofing contractor 2 year standard workmanship warranty.
SMRCA
SOUTHEASTERN MICHIGAN ROOFING CONTRACTORS ASSOCIATION MEMBERS T. F. Beck Co. Rochester Hills MI 248.852.9255
Detroit Cornice & Slate Co. M.W. Morss Roofing, Inc. Romulus MI Ferndale MI 734.942.0840 248.398.7690
J. D. Candler Roofing Co., Inc. Livonia MI 313.899.2100
LaDuke Roofing & Sheet Metal Oak Park MI 248.414.6600
Christen/Detroit Detroit MI 313.837.1420
Lutz Roofing Co., Inc. Shelby Twp. MI 586.739.1148
Visit us online at www.cammagazineonline.com
Dave Pomaville & Sons, Inc. Schreiber Corporation Wixom MI Warren MI 248.926.1500 586.755.6030
Newton Crane Roofing, Inc. Royal Roofing Co. Orion MI Pontiac MI 248.276.ROOF (7663) 248.332.3021 North Roofing Co. Auburn Hills MI 248.373.1500
Schena Roofing & Sheet Metal Co., Inc. Chesterfield MI 586.949.4777
CAM MAGAZINE AUGUST 2014 37
CONSTRUCTION HIGHLIGHT
A CONTEMPORARY IN BROWNSTOWN TOWNSHIP 38 CAM MAGAZINE AUGUST 2014
“Voice Of The Construction Industry”®
attract new residential development and encourage business growth. Businesses choose to locate in communities with appealing public amenities. Companies often locate in the community that offers the best quality of life for their employees. The Brownstown DDA brought together a great team for this contemporary barn-raising, both for the preparation of the Recreation Campus Master Plan and for the actual construction of the Event Barn. Wade Trim provided planning, landscape architecture and engineering services, while Sidock Architects provided architectural design/development services. “The team of Wade Trim and Sidock Architects were natural partners for the Township,” said Gustafsson. “The team’s extensive community and sustainable design and engineering expertise were invaluable on this environmental sensitive site.” The consultant team developed an interactive public participation process that brought together township officials, department managers, township boards/commissions and community stakeholders to formulate needed and underserved recreation facilities on the 79-acre campus. The buildings, pavilions, sign structures, garden walls and the Wall of Honor all match in material and character, creating a new, cohesive appearance throughout the campus. Following public engagement, campus design development was completed following a one-year period with continuous coordination meetings between site designers, landscape architects, engineers, architects, Township department managers, Township Board, Brownstown DDA, Recreation Commission, and the Beautification/Historical Commission. The Event Barn is the first building designed and built as part of a newly crafted master plan. “The Event Barn set the standard for subsequent structures,” said David M. Zanley, Sidock Architects. “It was decided early on that the building would create a new appearance for the campus through the use of traditional materials, all while meeting current and future functional requirements.” Sole Building Company, Westland, was the contractor of choice on this appealing building. “They understood the complexity of the project, existing conditions, and worked exhaustively with the Township and the design consultant team to construct a project that symbolizes the Township’s community and civic pride,” said Gustafsson. “A strong, positive and downright enjoyable relationship was fostered between the Township, the architectural/engineering team of Sidock Architects and Wade Trim, and Sole Building Company to implement the vision and plans of the Recreation Campus. We all worked together to achieve a sustainable Campus for the Brownstown community and the region for the next 100 years.”
PHOTOS COURTESY SIDOCK ARCHITECTS
A
sophisticated take on a traditional barn is re-inventing Brownstown Township’s Recreation Campus, courtesy of Sidock Architects, Wyandotte. A fieldstone base, corrugated metal siding and a standing seam metal roof reflect the rural heritage of Brownstown Township originally founded in 1827. But the new facility is very much a part of the Brownstown Township Downtown Development Authority’s (Brownstown DDA) plans for the future. During the economic downturn of 2008 and 2009, the Brownstown DDA began to craft a plan to strengthen economic development in the DDA District, the community and the region, as well as to expand the Township’s recreational, cultural and historical resources. “We realized that we had to think outside the box, but always look inside as to what investment would actually foster economic growth,” said Brownstown DDA Assistant Director Vern Gustafsson, referring to the visioning process that ultimately selected the Recreation Campus as the economic catalyst for this downriver area. The Brownstown DDA generated a vision for a multi-use passive and active Recreation Campus integrated within the Township’s municipal campus. The overarching goal of the Recreation Campus would be to Visit us online at www.cammagazineonline.com
The interior’s exposed steel truss structure reinforces the modern sophisticated barn concept. All interior materials were chosen for durability and the mixture of modern and rustic building accents, including a stained concrete floor. CAM MAGAZINE AUGUST 2014 39
CONSTRUCTION HIGHLIGHT
A wonderful blend of past and future, the varied pitch roof of the Event Barn provides the correct angle for the future installation of solar panels.
A SophiSticAted BArn
The tall arch of the Wall of Honor is the focal point of a tribute to the public safety officers of Brownstown Township. 40 CAM MAGAZINE AUGUST 2014
The multi-purpose Event Barn is nestled on the site surrounded by wooded areas, an exterior stage, lawn seating, and an event lawn surrounded by garden walls, lush landscaping, and site furniture. Integrated walkways connect the Event Barn with the Brownstown Historical Museum, community gardens, and a Wall of Honor dedicated to Township public safety officers. “The tall arch of the Wall of Honor is the focal point of the tribute and the low walls that terminate at the arch will contain plaques honoring police and fire officers,” said Zanley. “As a strong traditional element, the arch conveys the importance of the tribute. North of the arch, the low walls define a small contemplative area with a reflecting pool and edge seating. The arch also defines the northern edge of the event lawn, framing the view of the Event Barn.” The Event Barn’s traditional “barn” materials were integrated with “modern” simple, clean lines and details, according to Zanley. The scale of the Event Barn, and especially the overhangs and glass curtain walls, were designed to reinforce the building entry and extend out into the outdoor spaces. The major design element of the interior is the exposed steel truss structure, which also reinforces the modern sophisticated barn concept. All interior materials were chosen for durability and the mixture of modern and rustic “Voice Of The Construction Industry”®
building accents, including stained concrete floor, exposed burnished masonry walls, pine paneled wood doors, exposed wood decking, and “milk can” light fixtures. The 12-foot-tall glass curtain walls on the north and south side of the Event Barn floods the multi-purpose space with natural light and provides a seamless transition between indoor and outdoor spaces. “The reaction to the Event Barn in terms of quality of materials, design, and functionality has been extremely positive,” said Gustafsson. Beyond the Event Barn itself, the site is a sustainability showcase. Bioswales dot the parking lot, and stormwater, including run-off from the building, is collected in an underground cistern for site irrigation. “All site lighting is shielded LED down lighting, while interior lighting is sensor controlled and switched to allow multiple lighting scenarios,” said Zanley. Adding to the Township’s commitment to renewable energy and to the preservation of valuable natural resources, “the varied pitch roof of the Event Barn was designed to reinforce the barn concept, but it also is the correct angle for solar panels,” said Zanley. “All electrical elements are in place for the Township to install the rooftop panels at later date. Future pavilions will be equipped with roof-mounted solar panels to provide their own power in remote locations. Sign structures throughout the Recreation Campus, plus pavilions and the splash-pad building are all designed and constructed using recycled structural plastic lumber.”
offers passive environmentally sensitive areas, walking paths, sports fields, interactive children’s splash pad and playground areas, a dog park, and hard-surface courts. Clearly, the Event Barn is a showpiece of the Recreation Campus, attracting community residents who are now flocking to the entire Campus. “Businesses are providing generous financial support by sponsoring programmed
{On the Mark.} You will benefit from our deep experience working with hundreds of construction clients, offering tangible solutions for a greater competitive edge. Our multidisciplinary teams deliver expertise and service that is a higher return on experience.
A Gem in the pArk This multi-use and multi-purpose facility was planned and programmed to be a smaller, more intimate and upscale facility for use by the Township, private events, and corporate meetings/seminars. With banquet seating for 150 and auditorium-style seating for 300, along with a catering kitchen, the new 5,000-squarefoot Event Barn can be programmed for a wide variety of functions. “The Event Barn and outdoor spaces can be programmed in various configurations limited only by the needs and imagination of the user,” said Gustafsson. The Event Barn was dedicated and opened in November 2013. “For the 2014 calendar year, the Township is close to our projected revenue,” said Gustafsson. The Event Barn complex is home to the Brownstown Farmers Market, and Movies and Concerts in the Park. Further event programs are planned throughout the year. The Event Barn is the emerald gem of a necklace that stretches across a 79-acre campus. The facility serves as an anchor and communal “living room” at the eastern end of the Recreation Campus, while the Township Hall/Community Center serves as an institutional anchor at the west end. The rest of the Campus
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events and/or Recreation Campus features,” said Gustafsson. “The Event Barn bookings are exceeding the Township’s expectations and this will continue as further phases of the Recreation Campus are built.” The project team has created a moving tribute to Township heroes, a gem of an events building, and an expanding recreational campus. This 79acre site is a true community oasis of the 21st
Contact: Tom Doyle 248.223.3402 thomas.doyle@plantemoran.com plantemoran.com
CAM MAGAZINE AUGUST 2014 41
CONSTRUCTION HIGHLIGHT
The Event Barn’s fieldstone and corrugated metal siding, as well as the profile of the standing seam metal roof, all bring to life the rural heritage of Brownstown Township.
YOND BE
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Century, courtesy of Brownstown DDA, Sidock Architects, Wade Trim, and Sole Building Company.
G ICHI AN &
NADC
-Information provided courtesy of Brownstown Downtown Development Authority, Sidock Architects and CAM Magazine editorial review
4
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the followinG SuBcontrActorS contriButed to the project:
Safety is NO Accident… Complete Heavy Industrial & Commercial Demolition Services LICENSED • BONDED • INSURED
800-664-3697 email: info@nadc1.com
www.nadc1.com 42 CAM MAGAZINE AUGUST 2014
NADC has a current EMR of .64 while maintaining a 5-year average of .68
• Foundation – Tru-Wall Construction Co., Inc., Wixom • Mason – Stone Work, Royal Oak • Electrical – Molino Electric, Trenton • Plumbing – Gundick Plumbing, Wyandotte • HVAC – Jet Stream Mechanical, Ann Arbor • Underground – Sole Construction, Westland • Framing Interior/Exterior – Banda Construction, Detroit • Roof/Siding – Brish Roofing, Redford • Paint – Pacesetter Painting, Ypsilanti • Landscape/Irrigation – Michigan Greenscape Supplies, Ypsilanti • Flat Work – Oscar Cement, Lincoln Park • Glazing – Advance Storefront, Detroit • Food Services – Advanced Kitchen, Dearborn • Low Voltage/Sound – Security Consultant Systems, Farmington Hills • Structural Steel – B&A Structural Steel LLC, Chesterfield The owner, architect and/or general contractor provided the list of project participants. “Voice Of The Construction Industry”®
PEOPLE IN CONSTRUCTION marty A. Burnstein, of West Bloomfield, has been selected by his peers for the fifth consecutive year to be included in the 2014 Edition of the Best lawyers of America in the specialty of construction law. Best lawyers is the oldest and most respected peer review publication in the legal profession. Burnstein has also been named to the Michigan Super Lawyers List for his Burnstein excellence in construction litigation. Burnstein has over 40 years’ experience as a construction lawyer, mediator and arbitrator. He frequently teaches, lectures and writes in the area of construction law and a valued member of the CAMTEC instructor team. The American institute of Architects Michigan recently presented its Young Architect of the Year Award to Andrew dunlap, AiA, at its annual Celebration of Architecture. The Young Architect Award is given to architects under 40 years of age in recognition of proficiency and exceptional accomplishment and who have made significant contributions to the profession in an early stage of their careers. Andrew Dunlap, AIA, CDT, dunlap NCARB, LEED AP, is the Principal and Building Enclosure Specialist at SmithGroupJJR’s Detroit center. An active participant within the design and construction community, Andrew is a founding member of the Building Enclosure Council (BEC) Detroit Chapter and currently serves as Chairman. He is also a member of the American Institute of Architects (AIA) and the American Society for Testing and Materials (ASTM). A registered architect in Michigan, Maryland and New York, Andrew is also a LEED Accredited Professional, NCARB certified and is a Construction Documents Technologist. harley ellis devereaux, Southfield, has added kenneth clein, AiA, ncArB, leed Ap as a Higher Education Design Studio Leader. Clein brings 30 years of practice to the firm, most recently as a Principal and Higher Education Market Leader with a strong emphasis on sustainable design, building transformations and historic preservation.
clein
Grand Rapids-based f&V operations and resource management (fVop) is pleased to announce the addition of catherine Garnham to its staff. With nearly 25 years of administration and operations experience, Garnham has a long-standing relationship with FVOP. She holds numerous state licenses including a Michigan Class-A Sewage Treatment Works Operator and Class F-1 and S-2 Waterworks System Operator. Garnham will provide operational leadership for the Huron Shores Regional Utility Authority Water Treatment Plant, the Tawas Utility Authority Wastewater Treatment Plant, and the Oscoda Charter Township Wastewater Treatment Plant. SSoe’s Board of Directors announced recently that it has selected Bob howell to be the next president and CEO of SSOE Group - a global engineering, procurement and construction management (EPCM) firm, effective December 3, 2014. Howell has been with SSOE for more than 30 years, and has served on its management team. Howell transitions from his current role of executive vice president (EVP) / Chief Operations Officer howell (COO), as well as previous positions as Chairman of the Board, Strategic Business Unit and Division manager. SSOE is headquartered in Toledo, OH and is based locally in Troy and Midland.
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Walker-based tubelite, inc. recently announced that jim flandreau has been named as director of information technology (IT) business relationship management. Flandreau serves Tubelite from its parent company, Apogee Enterprises, Inc. He brings flandreau Buggs more than 17 years of experience in IT strategic planning, governance and business process improvements, and in manufacturing operations. Also, Tubelite has added rene Buggs as director of human resources (HR). As part of the executive leadership team, she will work with all employees, support organizational development and promote talent acquisition. She is a certified senior professional in HR. The engineering and architectural firm of Byce & Associates, inc., Kalamazoo, has recently announced the hiring of five individuals at their firm. f. Alan frederick joins as frederick architectural technician; peter oudsema, eit, leed Green Associate joins as a structural engineer; matthew fraser, eit, joins as a mechanical engineer; Gene dummer joins as an electrical designer; and miranda Bishop joins as an accounting/human resources assistant.
oudsema
fraser
dummer
Bishop
Bloomfield Hills-based hubbell, roth & clark, inc. (hrc) recently announced that derek Stratelak, pwS, llA, has rejoined HRC as senior project engineer in the firm’s Environmental Engineering Department. He is a licensed landscape architect, certified arborist, geomorphologist, and professional wetland scientist who utilizes Rosgen River Restoration and Natural Channel Stratelak Design principles. Stratelak was previously employed by HRC from 1995 to 2000 where he provided wetland consulting and landscape architectural services to communities and private clients for a broad array of projects. He has over 30 years of professional experience in his field. joseph f. neussendorfer, president and CEO of u.S. construction research, Livonia, was among the recipients of an outstanding leadership Award from the engineering Society of detroit (eSd). These awards are granted to outstanding ESD committee and council members based on evaluation in the areas of committee work that include: accomplishment; communications; community relations; flexibility and creativity; finances; forward planning; operating; organizing; participation; planning and publications.
neussendorfer
CAM MAGAZINE AUGUST 2014 43
PEOPLE IN CONSTRUCTION
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Detroit-based white construction, a construction management/ general contracting firm, is proud to announce the promotion of donovan j. white to deputy operations manager & milton d. jennings to deputy business development manager. White has been with White Construction since August 2001 and Jennings since June 1997. White currently serves on the Board of Directors for EcoWorks, a nonprofit, energy assistant & job training organization white jennings that provides opportunities for low income families. He’s also a member of the National Society of Black Engineers (NSBE) & the American Society of Civil Engineers (ASCE). Jennings currently serves as a member of the Eastern Michigan University Black Alumni Association, as well as Eastern Michigan University’s Constructor’s organization.
CORPORATE NEWS CAM - The Construction Association of Michigan was founded in 1885. It’s the oldest and largest construction association in the United States. Join CAM before September 15, 2014 and get listed in our 2015 Buyers Guide – the most comprehensive classified construction directory in the state. Other membership benefits: 24/7 access to construction projects; safety services; labor relations; government affairs committee; continuing education classes; annual tradeshow; monthly CAM Magazine; cost-saving affinity programs; networking opportunities and social events.
Join CAM by September 15, 2014 for just $295 - and receive it all, plus over $1,000 in savings in other FREE benefits. Call the CAM Membership Department for details (248) 972-1000. See ad on page 17 for more information
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Following a year-long design process, Buchanan community Schools is moving forward with school building improvements at Ottawa Elementary School and Buchanan Middle School. The school district celebrated the launch of these projects with a ground breaking ceremony in June 2014. The ceremony was attended by District representatives, community members and individuals from the District’s architecture/engineering firm, fanning howey. Improvements to Buchanan Middle School include a five-classroom addition, a gymnasium addition and new administrative offices located adjacent to a secure main entrance. Renovations will improve the technology infrastructure, mechanical and electrical systems, ADA access and overall energy efficiency and campus security. There are also plans for site enhancements. Upgrades to Ottawa Elementary School are highlighted by a 9,500-square-foot addition with six classrooms, ADA-accessible rest rooms and an extended learning area to support 21st Century instruction. The building will also receive a new secure entry vestibule, technology improvements, fire alarm system upgrades and a partial replacement/expansion of the parking lot. The team of architects, engineers and designers at Troy-based integrated design Solutions (idS) are pleased to announce their new online website - ids-troy.com - with a mission to connect and share their pride and passion about their business, their projects and the people who have enabled their success for the past 15 years. Now in the 15th year of sustained growth and remarkable work, their focus continues to be on the successful integration of both architecture and engineering into creative and cost-effective client-centered solutions. The new website profiles interesting stories with behindthe-scenes details of many of their projects, featuring their keen understanding of University Research Centers and K-12 Education, the nuances of the ever-changing Healthcare Industry, and their leadership role in developing a new paradigm in University Residential Life and Student Engagement spaces. SmithGroupjjr, Detroit, announced recently that it has reached a sustainability milestone with 100 LEED certified projects. Back in 2001 the firm had already achieved the world’s first LEED Platinum project. With more than 100 LEED certifications under their belt, the firm is looking ahead to further this endeavor. plumbing professors, Canton Township, a 24-hour service plumbing, sewer repair and epoxy pipe lining company, has been awarded a diagnostic & epoxy pipe lining contract to repair “The Spirit of Women Part Fountain” at the Ohio State Medical Center in Columbus, OH. The project manager will be Bruner Corporation of Hilliard, OH. Quinn evans Architects, based locally in Ann Arbor and Detroit, with offices in Washington, D.C. and Madison, WI, led the expansion and renovation for the life support building and systems for the Seal and Sea Lion exhibit within the American Trail at the Smithsonian institution national Zoological park. The exhibit space earned a LEED-NC Certification from the U.S. Green Building Council. Prior to renovations the animals were housed in a dated facility with pools that were leaking close to 8,000 gallons of water a day. The design for the revitalized facility includes cutting-edge life support systems within multiple exhibit and holding pools - utilizing both salt and fresh water - with increased animal enrichment through the use of wave machines. The biggest energy savings involve water use and quality. The volume of water use was reduced by 75 percent from 2006 to 2013. This was achieved through the use of water-efficient support systems and landscaping. Other sustainable highlights include energy efficient mechanical systems, regional and certified materials, construction waste management, and design innovation in tree preservation planning. “Voice Of The Construction Industry”®
fishbeck, thompson, carr & huber, inc. (ftch), a full‐service civil engineering, architectural/engineering, environmental, and construction management firm, is pleased to announce the opening of its Macomb office to expand their presence in southeast Michigan. FTCH has over 340 staff in five Michigan offices, one Ohio office, and one Indiana office. The new office is in an ideal location to serve area clients. It is located at: 46600 Romeo Plank Road, Suite 3, Macomb, MI 48044. Phone: (586) 412-1406; Fax: (586) 412-1407.
comprehensive renovation of the Kresge Business Administration Library, demolition of the Computer and Executive Education Building, construction of a new academic building, and addition of exterior finishes to Sam Wyly Hall, the Business Administration Executive Dormitory and the Hill Street Parking Structure. The architect is kohn pedersen fox Associates, pc. Construction is scheduled to be completed by
summer 2016. Also at The U-M, Walbridge is currently constructing the Munger Graduate Residences, and is renovating West Quad Residences and Cambridge House, located inside the Michigan Union. Walbridge has also completed the 725-space Wall Street East parking structure, which has created a new gateway to the Wall Street district and U-M Medical Center campus.
The Cities of Marquette, Ferndale, Westland, Bay City, Brighton and Port Huron were selected by the international council of Shopping centers (icSc) to participate on the Municipal Runway at the 44th Annual michigan idea exchange & Alliance program in July 2014 at the Suburban Collection Showcase in Novi. These communities were selected following a two month state-wide competition because of their Best Practices in crafting Public/Private Partnerships that have attracted capital, created jobs and raised the tax base in their communities. Brighton-based contracting resources recently provided general contracting services for the following projects: St. Joseph Parish altar renovations, South Lyon; Vail Ski Resort – Mt. Brighton, renovations to locker rooms, children’s area, ski rental section, tear out and rebuild of the existing restaurant, brown bag area, and new quick serve restaurant; Novo Dynamics – 6th Floor in Ann Arbor, general contracting services for the renovation to the existing sixth floor of the City Center Building. New projects recently awarded to Contracting Resources include: Grand Hilton Mixed-Use Building, new construction, in Brighton; Detroit Metropolitan Credit Union, new construction, in Novi; Brinks, Gilson & Lione, interior renovations, in Ann Arbor; and Sparrow Health Systems, 9 South Penthouse Reno - HR Partner Offices in Lansing. nAwic (national Association of women in construction) detroit chapter 183 recently completed year two of project Accelerate. Eighteen women attended the six-week program to learn about the many different aspects of the construction industry, resume writing, and other elements of furthering their education. Detroit members will be offering a workshop on Project Accelerate at the upcoming 2014 NAWIC Annual Meeting and Education Conference, held at the JW Marriott Indianapolis Downtown, Indianapolis, IN, on September 3-6, 2014. The university of michigan has selected walbridge as construction manager for a major renovation and addition to its Stephen M. Ross School of Business. The project includes a Visit us online at www.cammagazineonline.com
CAM MAGAZINE AUGUST 2014 45
Aug
WELCOMES
NEW MEMBERS cArVer conStruction co., ANN ANBOR dohenY compAnieS, inc., jAck, NORTHVILLE eVerGreen ciVil, llc, NORTHVILLE fieldStone Architecture & enGineerinG, AUBURN HILLS poSitioninG SolutionS co., NILES StrAtA conStruction, inc., CLINTON TWP.
ADVERTISER INDEX Ace Cutting Equipment ...........................................33 Aluminum Supply Company/Marshall Sales ...............6 Bricklayers and Allied Craftworkers Union Local #2 ...................................................31 CAM Affinity Ad .....................................................IBC CAM Comp ............................................................45 CAM Membership .............................................17, 44 CAM Social Media ..................................................36 Cavanaugh & Quesada, PLC..................................BC Collins Einhorn Law Offices .....................................25 Concrete Moisture Control ......................................33 Connelly Crane Rental Corp. ...................................15 Creative Surfaces....................................................36 Demolition Man.......................................................29 Detroit Carpentry JATC ...........................................28 Doeren Mayhew......................................................13 Facca Richter & Pregler, P.C....................................19 Farnell Equipment Company ...................................13 G2 Consulting Group ..............................................19 GenPower Products, Inc. ........................................29 Hartland Insurance Group, Inc. ...............................23 Jackson Associates, Inc. ........................................10 Jaimes Trusses and Wall Panels................................5 Jeffers Crane Service, Inc. ......................................24 McCoig Materials ....................................................27 Michielutti Brothers .................................................35 Michigan Regional Council of Carpenter ....................7 North American Dismantling Corp ...........................42 Oakland Companies ...............................................29 Plante Moran ..........................................................41 SMRCA ..................................................................37 Sullivan, Ward, Asher & Patton, P.C.........................15 Thompson IG ........................................................IFC Valenti Trobec Chandler, Inc./ Griffin Smalley & Wilkerson ...................................3 46 CAM MAGAZINE AUGUST 2014
cAm Golf outinGS 2014 August 12 - Fieldstone Golf Club, Auburn Hills Sept. 29 - Indianwood Golf and Country Club, Lake Orion To register or for sponsorship information, contact Diana Brown at CAM (248) 972-1000, or visit www.cam-online.com. September 18 – 21, 2014 – American Society of concrete contractors Annual conference Westin Westminster, Denver, CO The ASCC is a non-profit organization dedicated to enhancing the capabilities of concrete contractors and those who build with concrete, and to providing them a unified voice in the construction industry. Members include concrete contractors and contracting firms, manufacturers, suppliers and others interested in the concrete industry such as architects, engineers and educators. The ASCC is one of the largest concrete associations with approximately 500 member companies in the United States and abroad. To register call (866) 788-2722 or visit www.ascconline.org September 22 – 24, 2014 – polyurethanes technical conference Gaylord Texan Resort and Convention Center, Dallas, TX Registration is now open for the 2014 Polyurethanes Technical Conference, hosted by the Center for the Polyurethanes Industry (CPI) of the American Chemistry Council (ACC). Technical sessions showcase the latest news and developments in the field. Conference attendees save $200 with early registration, which is available through Friday, Aug. 29. To register for the conference, call (877) 491-5138 or visit http://polyurethane.americanchemistry.com/ Polyurethanes-Technical-Conference/2014-Conference.html october 22 – 24, 2014 – hardscape north America Show Kentucky Exposition Center, Louisville, KY 750 exhibits with new products, education sessions, Distributor preview day, networking, demos, and free concerts. For more information, visit www.hardscapena.com or call 888-580-9960. november 10 – 12, 2014 – 1800Sweeper Sweeper Summit Detroit, Michigan This annual gathering serves as an innovative think tank for the commercial sweeping industry. Members from over 25 different states who are a partner of 1800SWEEPER, including CAM member ProSweep, will be in attendance. To register or for more information, visit http://www.sweepersummit.com/
upcoming fall cAmtec classes Classes held at CAM Headquarters in Bloomfield Hills, unless otherwise noted • • • •
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