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Volume 15
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Number 2
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FEBRUARY 2015
Wheels keep on turning
Check our new website!
L-R: Kim Wheeler and Gordon Jones
Plenty of fun features and expanded access await viewers to the new constructionnews.net.
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ack Wheeler started Wheeler Companies as Wheeler Coatings in 1982. Oldcastle Materials acquired Wheeler as well as Ironhorse Asphalt and Texas Concrete in 2009. With the new owners came the new name, APAC Texas Wheeler Companies. Gordon Jones joined the company as a truck driver in 1998 and Kim Wheeler came on board in 1996. Today, they are both construction parking lot and subdivision sign and striping estimators. “In the early days, the company had two haul trucks, 12 dump trucks and two seal coating rigs,” Jones said. “Now there are hundreds of trucks of all types. “We have three striping crews and a sign/pressure washing crew. Most of us
have been here several years. While we were bought by a large corporation, we still have that family feel in the maintenance division.“ According to Jones, the company had a banner year in all phases of the business in 2014. “We are also getting ready to move the Round Rock offices later this year,” Jones said. “More important is the continued focus on the safety of all the employees. Without all of our people going home safely, none of the success is worth it.” Jones says he enjoys the challenge of learning new ways to serve his customers. continued on Page 17
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onstruction News is pleased to announce the launch of its new, redesigned website. Welcome to constructionnnews.net, a site where you will find instant access and expanded capabilities to enhance our five printed publications in San Antonio, Houston, Austin, Dallas/Ft. Worth and South Texas. Our new website has been crafted to reflect what our readers need and want to know. Additionally, the redesigned site builds upon technology capable of addressing future needs. Upon visiting our site, you will immediately notice streamlined menus, simple navigation and access to the information you want. It’s all there for the viewing!
What’s different? New features run the gamut from easy access to all of our stories – or, if you prefer – stories broken out into the city newspaper they originated in. We now offer classified ads and at present, they are free! So, help us kick it off by taking advantage of this section. Do you need a reprint of your story to add to your walls? It is now easy to order one or more online. Did your secretary keep your copy of the latest Construction News? No problem! Use our easy to find rack location maps to find the closest location to pick up a copy in most areas of the state. Additionally, you can find a full PDF continued on Page 17
Pooling together
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artholomew Municipal Pool, the only swimming pool within the City of Austin that is considered a waterpark, is now complete. The parks and recreation department of the City of Austin is the owner. Chasco Constructors was the GC for the full renovation project. Leslie Heine was the project manager, Mark Lee was the superintendent and the architect was Abby Lawson, Carter Design Associates. Heine says the original facility had an “L” shaped lap pool with a single open bathhouse. Bartholomew Municipal Pool now has three bathhouses, a separate mechanical building and pump house, an “L” shaped lap pool with a diving well, a mid depth recreation pool, a zero entry activity pool and two slides. The interior walls of the bathhouses are a cast in place concrete, individually formed to look like wood veneer.
“Due to the height of the walls and large amount of infrastructure in the walls, the mix design and proper placement of the concrete was crucial to avoid separation of aggregate and slurry in the concrete causing ‘bug holes’ in the wall,” Heine said. “All piping was also run inside the walls, making the placement even more challenging. “All other materials placed in the bathhouses were chosen to not only be visually appealing, but to withstand the outside elements and being in a pool environment.” According to Heine, construction started with demolition of the existing pool shell and soon came to a halt when the demo subcontractor discovered asbestos pipe lining the entire interior of the pool shell. “This hurdle came in spite of due diligence during preconstruction when An aerial view of the Bartholomew Municipal Pool
continued on Page 17
Page 2
Austin Construction News • Feb 2015
Five alive
Submitted to Construction News
Set in concrete
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E² Construction celebrated five years of business at Cedar Street Courtyard in December. The Austin Party Band played music on stage. “The party was a blast and it was a great way to extend our gratitude to everyone who has supported us the past five years,” said Mike Nieft, president. “We wouldn’t be where we are today without the continued support of all of our team members and clients.” IE² Construction is a commercial general contractor headquartered in Austin, with a focus on healthcare, tenant improvements, religious, and education projects. –ab
L-R: Ashley Hesch and Chantal Nieft
Geoff Hernandez (right) and the Integrity Paving & Coatings sales staff focus on asphalt and concrete services in the Austin area. –ab
Fly like an eagle
L-R: Mike Nieft, Bert Schnoebelen, Tom Mravle and Steven Hesch
Charles Gerhart has known many of his customers since he was 17.
C Guests enjoy live music at the party.
harles Gerhart grew up in the HVAC business and learned the trade from his father. Today, he owns Eagle Air Conditioning & Heating in Round Rock. Gerhart has lived in Round Rock for 35 years. His father started the company and after he passed away, Gerhart took over in 2006. “One of my first jobs for my father was digging ditches,” he said. “I remember my dad taking me to jobsites around
town. I decided to take HVAC classes at a trade school and stay in the trade. “The biggest thing my dad taught me about business was to save money for a rainy day. He also taught me the importance of saving for retirement.” Gerhart’s mother Helen helps him with the office work today. He says 2014 was a good year for the company and he looks forward to 2015. “I do 90 percent of the work,” Gerhart said. “I spend most of my time in the field. “I love what I do today because I enjoy interacting with my customers. I have made so many friends over the years. I have known many of my customers since I was 17.“ A commercial job the company recently worked on was for Don Quick & Associates. “When I have free time, I enjoy going fishing,” he said. “I went fishing all the time when I was younger. I took my boat out twice in 2014 because I was so busy at work. “Nowadays, I like to attend my 14-year-old son’s sporting events. My son is taller than I am right now. He plays football, basketball and baseball.” These days Gerhart commutes to Round Rock from Salado. His long-term goal is to spend more time in Salado. Eagle Air Construction & Heating provides HVAC services. –ab
Austin Construction News • Feb 2015
Page 3
Mom, your job is over
Thank you Dear Austin Construction News readers,
Mildred Doebbler at 76
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n the early evening hours of Dec. 29, Mildred Doebbler took her last breath and left this world for a better place. Her three children, me being the oldest, were with her at the end - which was only fitting since she was always there for us. She was small in size and always very prim and proper. She was also ornery, strong-headed, opinionated and tough when she needed to be. Like I said at her funeral, I am my mother’s son all right. But there was a much different side of her. She always supported the three of us in whatever we decided we wanted to do. She never missed a football or baseball game when we were playing and my sister had many great experiences because of Mom. She was always there to help us and encourage us and her love for the grandkids and us was always the strongest.
We would sometimes make fun of her little quirks, like dating photos of people in years, months and days. That really came in handy for the funeral, so I guess mother knew best. The last two years of her life were spent in Colonial Gardens Alzheimer's Assisted Living. I know she drove t h e m all crazy at first, wanting perfection for everything, but they came to love her. She was a handful, but they got attached to her and there were lots of tears from staff the day she passed. It was hard to watch this terrible disease take its toll on a once vibrant lady. We can only hope that someday a cure will be found. Mom, you raised your children and took care of daddy but now you can finally rest. Love you always. Buddy Doebbler, Publisher
Submitted to Construction News
Men at work
We hope you have had a great start to 2015. We wanted to take this moment to thank you for your continued readership and support over the years. If you have read Austin Construction News for a while now, you know what we are all about. If you are a new reader, we wanted to share the paper’s history. It’s funny how good ideas come about. A newspaper for the construction industry in Texas? That idea had its beginnings at a surprising place: the kitchen table of Buddy and Reesa Doebbler. The Doebblers had noticed that mainstream media largely ignores this vital segment of the population. Coming from the construction industry themselves, they felt confident that they could remedy the situation. On Oct. 1, 1998, the paper made its debut in the Doebblers’ hometown of San Antonio. The Doebblers started out with the goal to recognize the accomplishments of the men, women and companies in the San Antonio market in a widely circulated publication that went to all the industry, not just small segments. Their second goal was to expand this concept to the major metropolitan areas of Dallas/Fort Worth, Austin and Houston, to be the largest circulation construction publication in the state. In June 2001, Austin Construction News began publication and experienced immediate industry acceptance. Located in the State Capitol of Texas, this sister publication is the hub of coverage for legislative changes affecting the industry. The Doebblers get great pleasure when a new company is featured in the paper. When they started out in business, many people helped them. Now, being able to help new companies get off the ground with positive exposure is, to them, giving back. We want to thank our advertisers over the past year who have realized that Construction News is the place to seeand-be-seen. They keep the Industry’s
Newspaper afloat! We want you to know how much you are appreciated. You represent the lifeblood that sustains us. Austin Construction News remains a “good news” newspaper, reporting the positive aspects and accomplishments that make this industry and its people so dynamic. Time and again, readers report appreciation for the articles they read about their current or long lost friends and associates. In many cases, they are compelled to pick up the phone and get back in touch – even drop a copy of the article in the mail – just to let them know they saw their article in the newspaper. Each issue highlights a construction project by a local general contractor on the front page. Our in-depth Spotlight interview introduces industry business owners or executives by sharing their personal histories, outside interests and business accomplishments. Your outdoor photos and stories can be published in the Great Outdoor section. Our editorial content explores topics and reports about events you will not read anywhere else. In addition to including statewide and national coverage when appropriate, reporting positive aspects from the local scene is our first priority. On a personal note: I’ve enjoyed meeting many of you at your company or on a jobsite and hearing from you through phone calls and emails. I look forward to telling more of your stories in coming months. If you have news that would inform or entertain our readers, please send an email or give me a call at 832-595-0091. –ab Abby BeMent Editor austineditor @ constructionnews. net
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Austin Construction News • Feb 2015
What are a few positive happenings lately? As Aggies, my brother Gil and I have gotten great satisfaction from playing a role in the redevelopment of Kyle Field!
Fred W. Heldenfels IV President and CEO Heldenfels Enterprises Inc. Fred Heldenfels IV
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hen Hugo Heldenfels arrived in the United States in 1864, little did he know that the Texas lumberyard he would found would start a legacy. In 1909, F.W. Heldenfels Sr. and his brother, C.A. Heldenfels, founded Heldenfels Brothers, a lumber and materials business. By 1936, F.W.’s three sons had joined the business and helped expand into construction of military bases, airports and large highways. Fred Heldenfels IV formed Heldenfels Enterprises Inc. in 1995 and bought the assets of the company’s precast/prestressed concrete division. The company is celebrating its 20th anniversary this year. Heldenfels is a manufacturer of precast/prestressed concrete structures for the highway, industrial, commercial and sports construction markets with two manufacturing plants located in San Marcos and Corpus Christi. Where were you born, Fred? I was born on Sept. 12, 1957 in Corpus Christi. What was it like growing up in Corpus Christi? It’s fun to grow up near lots of water and beaches with plenty of hunting, fishing, surfing, sailing and water skiing nearby. Where did you attend high school and college? I graduated from Richard King High School in 1975 and I earned a bachelor’s degree in Business Administration from Texas A&M University in 1979.
What was your very first job? When I was 14, I split the summer working at the precast plant in Corpus Christi as a general laborer and on the work crew at the HEB Foundations summer youth camps. What did you decide to do after graduating college? I began working for a company that is now known as Accenture in Houston. What sparked your interest to work in your industry? It felt like a natural part of my family’s heritage and responsibility. Initially, my main motivation was to continue our family’s tradition of building for another generation. However, Heldenfels Enterprises has since grown into a team of dedicated professionals and skilled craftsmen, of which I’m very proud. We try to instill a sense of pride and ownership by getting our employees involved in the big picture of what they are helping to build – not just saying, “Here, manufacture these pieces.” During recent stadium projects, our supervisors, foremen, and crew leaders made field trips to see the stadiums under construction. We took our entire workforce to a ballgame at Minute Maid Field during the Houston Astros” opening season, so they could see the results of their handiwork. What were the early days like at the company? We started with only three projects in backlog, then had to deal with a severe cement shortage in 1996.
What special qualities do you look for and encourage in employees? Naturally, we encourage hard work, loyalty and dedication, but we also look for a willingness to innovate and ask questions. We want people who are not afraid to admit they don’t know the answer, but who show the initiative to find answers and take calculated risks because they recognize the opportunity for reward, for both the company and themselves. Last, but definitely not least, integrity is an essential quality. What types of changes have you seen in your industry in the past five years? Projects and structures are much larger today and are being designed to span longer distances and seat record crowds.  Tell us about your family. I married my wife Elizabeth (Liz) Pfaff Heldenfels in Apr. 1980. We will celebrate our 35th wedding anniversary in April. Liz and I have three grown children, Amy Jerke, 32, William, 30 and Holly, 27. We have two grandchildren named Cullen, 5 and Eloise, 1. Ryan Jerke is our sonin-law. When did you move to the Austin area? My wife Liz and I moved from Corpus Christi to Austin in 1997. In your opinion, what is the best part about working and living in the Hill Country? Everything is great about living in the Hill Country other than the traffic and cedar! Plus we’re only two hours from College Station. How do you spend your free time? My hobbies these days are snow skiing, watching Aggie football and reading. I am a Sunday school teacher and chairman of the audit committee at Hyde Park Baptist Church. Maintaining involvement in the community outside my role as president and CEO, I serve on the Texas A & M 12th Man Foundation Champions Council, Chancellor’s Century Council, Texas A & M University System, Texas A & M Association of Former Students, TAMU – Corpus Christi: President’s Council and Texas Lyceum Association Alumni.
In addition, I serve on current boards including A & M PAC, College For All Texans Foundation, Texans for Lawsuit Reform PAC, Texas Construction Association PAC and I serve as a BBVA Compass Bank Austin region advisory director. Have you traveled anywhere lately? Yes, the most recent places I traveled to were Alaska and Colorado. What is rewarding about what you do today? I enjoy carrying out our personal and corporate mission to be good (God willing even great) stewards as we help build our state and its communities. Did you have a mentor in the industry when you first got started? Both my grandfather and father were early mentors to me and also Chuck O’Leary, a former industry CEO and retired member of our board. How will Heldenfels Enterprises celebrate the milestone in 2015? We are currently planning something special for our 20th anniversary.  What does it take to be successful in your industry? I think the keys to success in the construction industry are faith, persistence and a continually improving team. What are your future goals for Heldenfels Enterprises Inc? My goals are to continue healthy growth and a healthy balance sheet good Lord willing! If your great-grandfather could see what you’re doing now, what do you think he would say? Naturally, I hope he would be proud that the business he started in 1909 continues today. I think he’d be proud of the continuous improvement in our quality, scheduling and project management services. If your great-grandfather were to give you advice, what would he say? He would probably use one of his favorite sayings, “Keep on plugging,” his way of encouraging perseverance and consistency. He would want our team to persevere during the tough times, when finding new work is difficult, as well as during the good times, when the greatest enemy of any business is complacency. –ab
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American way
L-R: Steven Malone, Dane Jackson, Merced Ojeda, Tyler Sutton, Joey Elliott and Bryce Ramsey stay busy at American Bolt Co., a distributor of bolts, fasteners, tools and accessories. –ab
Austin Construction News • Feb 2015
Page 5
A winning evening
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embers and guests of the Austin Chapter of Associated General Contractors (AGC) met on Fri., Jan. 23 for the annual Outstanding Construction Awards Banquet. The event was held again this year at the AT&T Executive Education and Conference Center on the University of Texas campus. The group, with over 160 in attendance, enjoyed conversation with friends, a great dinner and the presentation of this year’s winners. –bd
Category: Building 3 ($5 Million - $10 Million) General Contractor: Solis Constructors, Inc. Project: FY 12 SOF C-130 Washrack Hangar Design Firm: USACE Albuquerque District
Category: Industrial Warehouse 2 (Over $5 Million) General Contractor: Rogers-O’Brien Construction Project: INSYS Therapeutics Pharmaceutical Manufacturing Facility Interior Design Firm: Page Exterior Design Firm: Studio 8 Architects
Category: Specialty Construction General Contractor: Jay-Reese Contractors, Inc. Project: Boardwalk Trail at Lady Bird Lake Design Firm: Jacobs
Category: Design Build 1 ($0 - $10 Million) General Contractor: Chasco Constructors Project: Bartholomew Municipal Pool Design Firm: Carter Design Associates
Category: Interior Finish-Out 1 ($0 - $500 K) General Contractor: Sabre Commercial, Inc. Project: University of Texas at Austin, Student Union Building, Events Center Design Firm: McKinney York Architects
Category: Design Build 2 ($10 Million - $30 Million) General Contractor: The Beck Group Project: Nutrabolt Corporate Headquarters Design Firm: Beck Architecture in association with Standard Architects
Category: Building 4 ($10 Million - $30 Million) General Contractor: Bartlett Cocke General Contractors Project: Dearing Elementary School Design Firm: Stantec
Category: Health Care 3 (Over $30 Million) General Contractor: Rogers-O’Brien Construction Project: Forest Park Medical Center San Antonio Design Firm: BOKA Powell
Category: Building 5 ($30 Million - $75 Million) General Contractor: Andres Construction Services LLC Project: Gables Park Plaza Tower Owner: Gables Residential Design Firm: Ziegler Cooper Architects
Category: Interior Finish-Out 2 ($500 K - $2 Million) General Contractor: Sabre Commercial, Inc. Project: University of Texas at Austin, Active Learning Classrooms Renovation, McCombs School of Business Design Firm: DMD Designworks
Category: Health Care 1 ($0 - $10 Million) General Contractor: Sabre Commercial, Inc. Project: Seton Medical Center Austin MRI Suite Renovation Design Firm: O’Connell Robertson
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Austin Construction News • Feb 2015
Saving tax dollars with a reverse audit John Wellington, Director of State and Local Taxes Lane Gorman Trubitt PLLC Dallas, TX
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f you have not paid all of your Texas sales and use taxes, chances are the Comptroller’s Office will let you know about it. However, when you pay too much sales and use tax, no one is going to tell you. To identify overpayments and seek reimbursements, companies should consider conducting a “reverse audit,” whereby it audits its own records looking for overpayments of sales and use taxes. Take Advantage of Tax Exemptions While many companies have sales and use tax compliance systems in place to prevent overpayment, such systems need to be frequently reviewed to ensure that they are working properly. Business expansion or downsizing, employee turnover, or even just human error can compromise the safeguards you have in place, resulting in overpaying sales and use tax. The majority of overpayments come from unclaimed tax exemptions. With a combined sales tax rate in Texas typically exceeding 8%, it can be well worth your time to ensure that you are claiming all of the exemptions that you are entitled to receive. For example, manufacturers are exempt from sales tax imposed on their manufacturing equipment and related replacement parts and utilities. Beginning in 2014, Texas also offers an exemption for certain research and development expenditures. Timing is Everything One of the best times for conducting a reverse sales and use tax audit is at the start of a major capital project. Even if you cannot commit to the time and expense of a full companywide audit, you can still audit the transactions specifically associated with this project. Not only will you uncover overpayments during the project, but you will also be reminded of previous projects with similar transactions. Another excellent time for a reverse audit is when there is a significant change to state tax law. Changes in tax laws are often overlooked, but can result in significant missed opportunities. As the 2015 Texas Legislature ramps up, many sales tax exemptions are being considered. The Anatomy of a Reverse Audit A reverse audit should look at both your tax compliance systems and your purchasing records. It should encompass your entire business and go back as far as the statute of limitations will allow (four years in Texas).
Sample payments that should be reviewed include: • Warehouse equipment • Safety equipment • Maintenance fees • Service transactions • Software licenses • Protective clothing When examining whether you have made overpayments in these or other areas, it is important to have a comprehensive understanding of your operations and the applicable tax law. Companies must be able to examine the process as a whole to maximize the benefit from potential sales and use tax exemptions. Worth the Investment Reverse audits can be a lengthy and involved process, but the rewards can make it well worth the effort. When utilized to its full potential, a reverse audit will not only allow you to claim refunds of significant amounts of overpaid taxes, but will also enable you to update your compliance systems to minimize overpayments in the future. The intricacies of sales and use tax law are complicated. Before tackling them on your own, be sure to work with your trusted state and local tax specialists. About Lane Gorman Trubitt, PLLC Founded in 1950, Lane Gorman Trubitt PLLC (LGT) is one of the largest certified public accounting firms headquartered in Dallas, Texas. Dedicated to serving the middle market, the firm represents a broad range of clients, from individuals to public companies, in a variety of industries. LGT offers traditional accounting, audit and tax services, as well as various other specialized services. In an effort to expand the services we provide to our valued clients, LGT has launched three affiliated companies, LGT Financial Advisors, LLC, LGT Insurance Services Inc. and LGT Retirement Plan Solutions.
Invisible exclusions, part II Charles E. Comiskey, Sr. V.P. Brady, Chapman, Holland & Associates, inc. Houston, TX
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ast month we began the discussion of “invisible” exclusions – exclusions that may not be brought to the attention of the insurance buyer and that will not be declared on a certificate of insurance. Discussed were three endorsements that gutted the contractual liability coverage required in most construction agreements. This discussion focuses on five other largely invisible endorsements that delete needed (and usually required) coverage. Classification Limitation General liability coverage usually covers all operations of an insured. A classification limitation restricts that coverage only to certain specifically listed classifications on a policy. If an operations falls outside of that description (in the insurance company’s opinion), no coverage is provided. For instance, we recently reviewed the coverage for a large excavation contractor. 100% of their work was performed underground, but their classification as stated on their policy excluded any damage to property underground. Good deal for the insurance company, right? Not so good for the unaware contractor. Habitational or Residential Exclusion When addressing a group of contractors, I like to ask how many of them never do any residential work. The vast majority raise their hand. The follow-up question is whether they would do residential work if requested by their largest customer, or their mother or sister, and the story changes. A residential exclusion is an absolute exclusion. There is no exception for certain customers or family members. What is the definition of “residential”? It varies widely and may be negotiable, but many insurance companies have a very broad definition including anything with a bed – homes, apartments, condos/townhomes, jails/prisons, dorms, barracks, sometimes even hotels or motels. If confronted with a habitational or residential exclusion, don’t assume. Ask. Insured vs. Insured Exclusion A Named Insured vs. Named Insured endorsement excludes cross claims against members of the same economic family and is perfectly acceptable. An Insured vs. Insured exclusion, however, excludes coverage for any claim made by any insured against any other insured. If your firm is an additional insured on another contractor’s coverage, it is an insured. An Insured vs. Insured exclusion eliminates all coverage should your firm bring litigation against that other contractor. Subsidence Exclusion A subsidence exclusion is really a thinly veiled construction defect exclu-
sion. The wording varies from insurance company to insurance company, but usually includes reference to collapse of drains, improper soil compaction and movement of earth in any manner. For any contractor performing underground or concrete work, a subsidence exclusion could be deadly. Punitive, Exemplary or Multiplied Damages Exclusion Punitive/exemplary claims against contractors are rare and difficult to prove, but practically every construction-related claim includes an allegation of violation of the Deceptive Trade Practices Act. This is a much easier allegation to prove, and if proven the damages are multiplied three-fold. As recommended last month, discuss these exclusionary endorsements with your insurance broker, and verify that they are not included in your insurance program. But what if you are the upstream party depending on a certificate of insurance? Two steps can be taken: 1. In your insurance requirements, state that these endorsements are prohibited on the downstream party’s insurance program; and 2. Require a copy of the Schedule of Forms and Endorsements page verifying that they haven’t been included in the underlying insurance program. If any of these endorsements are being used, obtain copies and read them carefully with the assistance of your insurance broker. Attempt to negotiate around any undesirable wording, or consider selecting another contractor whose insurance program more closely complies with your needs. Next month we will discuss frequently misunderstood additional insured issues and the invisible exclusions inherent in them. Charles E. Comiskey, CPCU, CIC, CPIA, CRM, PWCA, CRIS, CCM, is Sr. V.P. of Brady Chapman Holland & Assoc. and is National Chairman of the Construction Insurance Practice Group of RiskProNet International, the 5th largest brokerage organization in the U.S. He can be contacted at 713.979.9706 or charles.comiskey@bchinsurance.com.
Construction News ON LOCATION
Submitted to Construction News
Cool and collected
Taking it all in
Owner Casey Dean, Bullseye AC & Heating LLC, loads materials in his truck in Austin for a day of work. –ab
The Texas Society of Professional Engineers (TSPE) members enjoyed a beautiful day after a leadership session at the Canyon Of The Eagles at Lake Buchanan. –ab
Austin Construction News • Feb 2015
Page 7
Don’t spoil your claim
Forklift Safety
Karen Landinger, Principal Cokinos, Bosien & Young Austin, TX
Joann Natarajan Compliance Assistance Specialist OSHA Austin, TX
I
t is common knowledge that if you plan to sue the driver who ran into you at the intersection, you need to photograph, inspect and adjust your damages to preserve your claim. What seems so obvious in the context of an automobile accident often gets lost on the construction site. Deadlines, schedules and weather can all make the need to correct a problem seem more urgent than the need to document the problem. However, without proper documentation, notification and preservation, you might end up picking up the bill for someone else’s mistake. In simple terms, spoliation is the improper alteration or destruction of evidence that is important to the evaluation of claims in litigation. The spoliation of evidence may give rise to a presumption and instruction to the jury that the evidence would have been harmful to the party who destroyed or failed to preserve it. Last year, the Texas Supreme Court instructed that a duty to preserve evidence exists when “a party knows or reasonably should know that there is a substantial chance that a claim will be filed and that evidence in its possession or control will be material and relevant to that claim.” Brookshire Bros., Ltd. v. Aldridge, 438 S.W.3d 9, 20 (Tex. 2014). A spoliation instruction will be provided where “(1) the spoliating party acted with intent to conceal discoverable evidence, or (2) the spoliating party acted negligently and caused the non-spoliating party to be irreparably deprived of any meaningful ability to present a claim or defense.” Petroleum Solutions, Inc. v. Head, 11-0425, 2014 WL 7204399, at *5 (Tex. Dec. 19, 2014). As a result of job site dynamics, spoliation is a considerable risk in the construction industry. In the Miner Dederick case, the spoliation of evidence resulted in the loss of a $727,000 verdict by Gulf Chemical and Metallurgical Corporation (“Gulf”). Miner Dederick Const., LLP v. Gulf Chem. & Metallurgical Corp., 403 S.W.3d 451, 455 (Tex. App.—Houston [1st Dist.] 2013, pet. denied). Gulf contracted with Miner Dederick for the expansion of a hazardous material containment building which included the pouring of a new foundation. Following completion, the foundation began leaking at an expansion joint. Gulf requested that Miner Dederick repair the expansion joint pursuant to a warranty.
Miner Dederick refused to remedy the defect, but sent three separate requests to Gulf asking for the right to inspect the expansion joint. Gulf denied Miner Dederick’s requests, and undertook repair which included covering the expansion joint with a new sealant and pouring several inches of concrete over it. Gulf subsequently sued Miner Dederick for the cost of the repairs. During trial, Miner Dederick sought a spoliation instruction asserting that Gulf destroyed or concealed evidence regarding the alleged defects of the expansion joint. The trial court denied the request and awarded Gulf $727,000 in damages. On appeal, the First Court of Appeals ruled that because Gulf was aware of the chance that it would file a claim against Miner Dederick, Gulf had a duty to preserve the expansion joint, and, by resealing the joint and covering it with concrete, Gulf breached that duty. The court also found that Miner Dederick was injured by Gulf’s action and consequently reversed the judgment of the trial court. Given the harsh effects of a spoliation instruction, contractors would be well advised to err on the side of caution when it comes to preserving evidence. Merely taking photographs and documenting expenses may not be sufficient. See id. at 470 (finding that the value of the spoliating party’s photographic documentation was insufficient because the non-spoliating party did not have opportunity to conduct forensic testing). The Miner Dederick Court suggested that if a party has a legitimate need to destroy evidence, it might discharge its duty by giving the other party notice of the claim and a right to inspect and test the evidence before its destruction. The failure to follow procedures may result in a loss far greater than the delay. Karen Landinger is a principal of Cokinos, Bosien &Young, a full service law firm with offices in Houston, San Antonio, Dallas and Austin. For more information on our services, please visit www.cbylaw.com
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Party of five
L-R: Mike Mendoza, Casaundra Glass, Elizabeth Ellis, Ron Dokken and Ric Marez have a productive Monday at Building Specialties in Round Rock. –ab
S
afety rules developed under the Occupational Safety and Health Act (OSHA) regulate the safe use of forklifts and other “powered industrial trucks” in the workplace can be found in 29 CFR 1910.178. This standard is available at the OSHA web site: http://www.osha.gov A forklift is a powerful tool that allows one person to precisely lift and place large heavy loads with little effort. Using a tool such as a forklift, cart or hand truck instead of lifting and carrying items by hand can reduce the risk that you will suffer a back injury. However, there is great risk of injury or death when a forklift operator: • Has not been trained in the principles of physics that allows it to lift heavy loads, • Is not familiar with how a particular forklift operates, • Operates the forklift carelessly, or • Uses a forklift that is not safe due to malfunctioning or missing parts. Whenever an attachment is used that could affect the capacity or safe operation of a forklift, its use must be approved by the forklift manufacturer. The employer must mark the forklift to show the new weight with attachment. The maximum capacity at the highest elevation must also be shown. OSHA standards require that the employer ensure that a forklift operator is competent to operate the forklift he or she is assigned to use. The employer must document operator training and an evaluation of the operator’s performance while using the forklift.
Refresher training must be given if the operator is observed operating the truck in an unsafe manner, is involved in an accident, near miss, or is assigned a different type of truck. In a car or truck the front wheels steer the vehicle. A forklift has the steering wheels in the rear. The rear end of the forklift swings in a circle around the front wheels that support most of the load. The operator must check that there is room for the rear end to swing when making turns. A forklift is not as responsive as a car when turning the steering wheel. Rear steering makes it difficult to stop a forklift quickly or swerve and still maintain control. It is important, then not to drive a forklift fast or round corners quickly. If you drive a forklift on an incline, you must keep the load on the uphill side. Otherwise, you may have no weight on the wheels that steer and can lose control! The load could also fall off or cause the forklift to tip. Often a large forklift load obstructs the driver’s view in one direction. It may be necessary to travel long distances with the load to the rear (in reverse for most forklifts). natarajan.joann@dol.gov 512-374-0271 x232
Subcontractor leaders
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he Central Texas Subcontractor Association (CTSA) has named the board of directors and officers for 2015. President: Parker Holt, Higginbotham Vice President: Mark Petrikat, Silicone Specialists (SSI) Treasurer: Cassie Fahnert, Brown, Graham & Co. P.C. Secretary: Bonnie Sells, Alpha Painting & Decorating
Officers: Jeff Blair, Construction Metal Products; Steve Wilkie, Mar-Tek Contractors Supply; Todd Hewitt, Texas Fifth Wall Roofing Systems Inc.; Jim Sunvision, Sunvision Electric; Jack Payne, BJ Electric; Chris Lambert, L & O Electric Inc.; Joanna Baltierra Just, Padgett, Stratemann & Co. and Justin Welch, Blazier, Christensen, Bigelow & Virr P.C.
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Austin Construction News • Feb 2015
Bigger in New Braunfels
A strong foundation
The NeoPod team has a lot more room to work at the new facility in New Braunfels.
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art of NeoPod Systems business model is focused in on larger projects, explains Michael Miller, Texas operations manager, noting that the larger projects are where the system really shines. Since the prefabricator of bathroom units likes to do projects that get into the hundreds of units, a recent job proved a need for a bigger space with greater capacity. Running close to 50 workers daily, the company is currently building 600 units for a Great Wolf Lodge hotel and waterpark in California. The job prompted a move to New Braunfels in August. At the previous facility in San Antonio, which opened in 2011, they turned out about five pods per day. Now, at the new facility in New Braunfels, Miller estimates they are hitting eight per day. Approximately 50,000sf, the building is one big warehouse, whereas the old facility had two warehouses that divided the space. The New Braunfels location is at the
northern edge, outside of the city limits between New Braunfels and San Marcos. This is good for Miller, who lives in Austin and commutes to the facility pretty much every day. Miller went to the University of Illinois, Champaign, for mechanical engineering. He started doing CAD work for NeoPod, and grew from there, doing programming of the CNC machine and reading plans and specs. NeoPod does units for projects that require hundreds of identical rooms, such as hotels, dorms and military barracks. A recent example is the mental health facility project in Austin called The Oaks that NeoPod did for University Health System (UHS), developing the plan from scratch. Miller notes that UHS is planning to use it for multiple projects across the country, and NeoPod will be able to build the bathrooms in New Braunfels and send them out just as they did for Austin. –mh
L-R: Jeremy French, Rosie Bryant, James Fulkerson, Harrold Miller and Rachel Griggs
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ypsum Supply LLP opened its doors in the Austin area in 2008. The company has changed its name to Foundation Building Materials. “In the beginning, we hit the ground running with our first project which was the iconic Austonian,” said Rosie Bryant, assistant branch manager. “We were a relatively small company back then and we were able to make a mark in the downtown Austin skyline.” Bryant says the company continued to expand and earlier in 2014, Foundation Building Materials bought out the company. “This propelled us to the next level,” she said. “We are now a nationwide company with 61 locations in 14 states. We have acquired key personnel and have grown our delivery fleet to insure we continue servicing all of our customer’s needs.” Throughout the year, Foundation
H Location Dallas/Fort. Worth H Location Austin H Location Houston H Location San Antonio South Texas H Location Publishing the Industry’s News . . .
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Building Materials holds customer appreciation functions to give back to customers and their families. “In addition, we have hosted hunting and fishing trips, sporting events and golf outings as well as luncheons and dinners,” Bryant said. “We enjoy meeting after hours and playing volleyball, as well as getting together on the weekends and going for motorcycle rides through the beautiful Texas Hill Country.” Even though the company name changed to Foundation Building Materials, employees are still a tight knit group with strong core values. “Our goal at Foundation Building Materials has and always will be to continue to work hard for our customers, to do business with integrity and honesty and to build lasting relationships with everyone we do business with,” Bryant says. Foundation Building Materials is a source for building materials and tools. –ab
Stepping up
Home Office (210) 308-5800 www.constructionnews.net
Deville Custom Homes spent the holidays making repairs.
A
ustin Pets Alive! recently faced an issue with building code violations at the Town Lake Animal Center. Several construction related companies stepped up to ensure that Austin Pets Alive! could continue saving animal lives. Austin Pets Live! has now addressed all the city code violations and were helped out by Collier Law, Bailey Elliott Construction Inc., Deville Custom Homes, GCTEX Painting Inc. and Aus-Tex Building Consultants. –ab
A painter with GCTEX Painting Inc. does the exterior painting.
Austin Construction News • Feb 2015
Page 9
Mother Nature cranks up winter by Capt. Steve Schultz Sponsored by: Premier Yamaha Boating Center, Majek Boats, E-Z Bel Construction, Power Pole Shallow Water Anchor, Aggregate Haulers, Interstate Batteries, Pure Fishing, Mirr-O-Lure, ForEverlast Hunting and Fishing Products and Columbia Sportswear.
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s we roll into February, which I consider our coldest part of the winter, we are faced with constant weather changes. Cold fronts every four to five days followed by warming trends in between. This makes it hard to plan for any type of outing on the water, mainly because you never know how severe the weather is going to be, and depending on an accurate weather forecast is practically impossible. For this reason, you must be ready to roll on the spur of the moment. February can be a tough time to locate fish, but with a little knowledge of fish habits, you can eliminate a lot of water and narrow down the areas in which you want to fish. Learn to read the water. By that I mean look for signs of baitfish and game
Mark Afram of Corpus Christi caught this 4-lb. Speck on an Original Corky Devil on a cold morning last month in Baffin Bay, while fishing with Capt. Steve Schultz. Water temp. was 46 deggrees at the start of the day.
fish that may be present. Some examples would be, starting with the most obvious, is feeding sea gulls. Find the feeding gulls and specks are sure to be present. Feeding pelicans are another dead give-away. Schools of hungry specks are feeding on the shrimp or baitfish, sending them fleeing to the surface to escape. Another sign of feeding specks are so called “SLICKS.” The active feeding of game fish and regurgitation of baitfish they are eating cause these oil slicks floating on the surface. You will usually detect a sweet smell near the slicks. Fishing under and around these slicks is very productive for specks, as most fish will be caught on the bottom as they wait for injured baitfish and/or the remains of baitfish falling from the surface. The best way to fish the birds or the slicks is to quietly drift or wade into the area being extra careful not to disturb the feeding fish. If you’re in a boat equipped with a trolling motor, use it instead of running your outboard! Fishing pressure is beginning to be a big issue this time of the year. With most
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The buck stops here
L-R: Carson and Connor Schultz both harvested their first buck this season. (Capt. Steve Schultz’s sons, Steve Schultz Outdoors) Carson’s deer was a straight up six-pointer weighing 165 lbs. and Connor’s deer was an eight-pointer weighing 175 lbs. Both deer were harvested in McMullen Co. Way to go boys! Made Dad Proud!! –rd
of the anglers wading and pre-fishing for upcoming tournaments, you can bet there will be someone in a spot where your want to fish, especially if it’s one of the more popular spots in Baffin. Cathead, East Kleberg and some of the other well-known areas that have
been known for big fish will be congested always. If you’re in one of the more popular spots and fish don’t seem to be biting, don’t throw in the towel too early. When you decide on an area to fish, give it time. I sometimes see a fisherman pull into an area to fish and get out of his boat. If he is not catching anything in a short while, he will get back into his boat and leave to try another area. It’s important to fish an area thoroughly. This time of the year your cast-to-catch ratio is probably going to be 300 to 1. In the product section this month is something that every angler must have if they are wading in fridge water of the Laguna Madre. My Simms waders are by far the most important item on the boat during the winter months. They are the toughest, driest, and most comfortable pair of waders I have ever owned. Layering up with Simms clothing and finishing out with your Simms waders, you will be assured that you can with stand Mother Nature’s hashish conditions. To schedule your next bay fishing trip give Capt. Steve Schultz a call at 361813-3716 or 361-334-3105 or e-mail him at SteveSchultzOutdoors@gmail.com. Already booking for the 2015-fishing season. Good luck and Good Fishing.
STEVE SCHULTZ OUTDOORS, LLC BAFFIN BAY –– LAGUNA MADRE –– LAND CUT SPECKLED TROUT –– REDFISH –– FLOUNDER FISHING AND HUNTING TRIPS
(361) 813-3716 (361) 334-3105 www.baffinbaycharters.com steveschultzoutdoors@gmail.com U.S. Coast Guard & Texas Parks and Wildlife Licensed
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Having a blast
Lisa Word, ACT Pipe & Supply Inc., recently went on her very first dove hunt in the Texas Hill Country. She says she had so much fun and she looks forward to going again! –ab
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Austin Construction News • Feb 2015
Ken Milam’s Fishing Line Since 1981, Ken Milam has been guiding fishing trips for striped bass on Lake Buchanan in the Texas Hill Country,. You can hear Ken on radio on Saturday and Sunday mornings, 6-8 AM on AM 1300, The Zone – Austin, or http://www.am1300the zone.com
How to get the most from your guide I have been a fishing guide since 1981. I have fished thousands of trips and met jillions of fine people. For the most part things go well, but not every time. Sometimes people can mess up their own trip without even trying. Here are some tips to help you always get the most out of your guided hunting or fishing trips. 1. Give your guide some lead-time. This is especially important if you need a trip during a high demand time like spring break or summer vacation. Remember, if you know about a good guide, there are probably a couple of thousand other people that have his phone number too. The further you can plan ahead, the better chance you get the day you want. 2. It is never a good idea to change the game plan without advising your guide. It is understandable that the number of people in your party might change between the time you book a trip and finally get to go. Tell your
guide so he can have what is needed for your trip at hand or help you make other arrangements. If you find you are running late, let your guide know. 3. Don’t show up to your fishing or hunting trip stinking drunk. Nothing spoils a good time like having to wag a semi-conscious hunting buddy all over the pasture with you. Find out what your guide’s policy is regarding alcohol. If it is permitted, be sure you have a designated driver so you don’t have to sleep it off in the guide’s back yard. 4. Try not to bring too much stuff. When you are on a guided trip you need to be able to move around well and not be hindered by gadgets, excess baggage and monster ice chests. Ask your guide what you need to have with you. 5. Keep an eye on the weather, not the weather where you live, but the weather in the locale where you will be fishing or hunting. Every year we see a lot of people bail out of the truck looking like they came to the wrong party. Weather is not just what happens to you on the way to the car. When in doubt, call your guide. You can be sure he will know what to expect because his very livelihood depends on him knowing what direction the
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wind is coming from. 6. If you are an experienced hunter or fisherman it’s okay to share your stories with the rest of your party. Just don’t be a know-it-all. When you hire a guide, you are getting a chance to learn from his experience. Everyone does things in their own way and you are sure to pick up something useful if you just keep your eyes and ears and your mind open. 7. Don’t expect the guide to discipline your children. If your kids are disruptive and disobedient, they may not be ready for a guided hunting or fishing trip. Most guides enjoy getting to work with kids because it’s fun to see them have a good time and learn something new, but your trip is still serious business. Just remember you hired a guide, not a babysitter. 8. Last but not least…tipping. If your guide has done a good job for you, reach in your pocket and tip the man. Your tip will be much appreciated and will let him know he did you a good job. Try not to ask your guide to give you back $2.50 in change. C’mon! In short guides are people too. We want to do the best job for you that we possibly can if you will let us.
Texas Style
San Antonio Austin Dallas/Fort Worth Houston South Texas
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One big buck
Branch manager Shawn Young, H & E Equipment Services, shot his largest buck to date at UnoMas Ranch in La Salle County. The bucked scored 165 6/8. Young has has been archery hunting at the ranch for 17 years. –ab
Austin Construction News • Feb 2015
Page 11
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Half or Full Day Fishing Trips
Family hike
All Bait, Tackle & Equipment Furnished Your catch Filleted and Bagged for You
Ken Milam Guide Service (325) 379-2051 www.striperfever.com
Furnish your TPWD Fishing License & Refreshments, and WE DO THE REST!
15 to 500 Ton Capacities The folks at Native, a commercial and residential solar and net zero construction provider, spent time in nature with their families on a trip to Enchanted Rock. –ab
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Saturday night lights
Available for your Toughest Projects
Installing utilities in downtown Austin We can help you lay a lasting beginning from El Paso to Beaumont Amarillo to Brownsville
RDO Equipment employees visited McLane Stadium the night before the Baylor football game in Waco in December. –ab
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Fore!
35 Years of Service to Texas
www.alamocrane.com
When they aren’t out in the field, the guys with CC Carlton Industries Ltd. like to spend time on the golf course, especially at Twin Creeks Golf Country Club. –ab
San Antonio (210) 344-7370 Austin (512) 282-6866 Toll Free (800) 880-0134
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Austin Construction News • Feb 2015
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Hunting buddies
Kason Bayer and a 8-point buck in Lee County
Weston Bayer shot a hog in Maverick County
Kevin Bayer, Austin Glass & Mirror Inc., took his sons Kason, 10 and Weston, 7, hunting in Lee and Maverick counties during hunting season. “Kason harvested an 8-point buck and a spike and Weston shot a doe and a hog on our hunting trips together in 2014,” Bayer said. “We all had a great time!” –ab
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Walk the walk
The Beck Group staff and friends had a great time participating in the American Heart Association – Austin Heart Walk. –ab
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Hog heaven
Marina Word, niece of Lisa Word, ACT Pipe & Supply Inc., got her first hog in the Texas Hill Country. –ab
Submitted to Construction News The Bayer brothers bond during a hunting trip.
Bird huntress
Kayleigh Wright, daughter of Darby Wright, SERVPRO of San Marcos/New Braunfels, loves going bird hunting in the Hill Country. –ab
Austin Construction News • Feb 2015
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Making a good showing
Classic concentration
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he 17th annual Home & Garden Show took place at the Austin Convention Center Jan. 16-18. Local contractors and remodelers attended seminars and learned about new products and services in the industry. Jen and Brandon Hatmaker of HGTV’s My Big Family Renovation made an appearance at this year’s event. –ab
Granite Transformations
Jose Salas, Dobie Supply, prepares barricade panels to be sheeted with 3M HIP tape in the warehouse. –ab
Construction News ON LOCATION
World of welding
Pella Windows & Doors
Cedar Park Overhead Doors
National Association of the Remodeling Industry Austin Chapter (NARI)
L-R: Brian MacDonald, Dennis McClan, Tracy Chapman and Dawn McKinstry enjoy visiting with their customers at Round Rock Welding Supply. –ab
editions can be Did you Pastdownloaded at know? www.ConstructionNews.net A Ninja Turtle sighting at the event.
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Bowling champion
The Air Conditioning Contractors of America Texas Chapter (ACCA) held an annual bowling tournament in Austin in December. Congrats to Shembra Adams for winning the coveted trophy! –ab
ASAP Windows & Siding
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Austin Construction News • Feb 2015
Construction News ON LOCATION
Making dreams come true
Elements of concrete
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John Holwitz taught a training class at the Super-Krete Kyle location in mid-January. Super-Krete provides products for concrete repair, restoration, waterproofing and beautification. –ab
Construction News ON LOCATION
Jump start
erry Penick, president, and his wife Kelly, vice president, operate Creative Custom Cabinets together in Round Rock. “We opened for business 12 years ago on Valentine’s Day,” Kelly Penick said. “We are so proud of our employees past and present.” Starting in a 3,500-sf office/warehouse near Highway 183, the company moved to its current 30,000sf facility in 2007. “We had a good year in 2014,” she said. “We have great accounts that keep us busy. 2015 is going to be our best year yet.” Penick says the company has an annual employee Christmas party and a barbecue event during the year. “We are a very family-oriented business,” she said. “The most rewarding part about what we do is having satisfied customers. “In the future, we plan to keep going and do what we need to do to continue to succeed.”
Rafael cuts material for cabinets in the warehouse
Creative Custom Cabinets provides residential and commercial cabinetry, shelving, entertainment centers and display cabinets. –ab
L-R: Kevin Nusbaum and Christopher Drier run doors on an Edge Bander. Inside salesman Eric Wells is ready for the New Year at Rexel, a distributor of electrical supplies. –ab
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A United front
The United Rentals sales and service staff are ready to have a productive New Year. –ab
Cordial at the counter
L-R: Fernando Barbosa and Dennis Minks take care of sales at Austin Wholesale Decking Supply. –ab
Austin Construction News • Feb 2015
Page 15
Construction Safety Never let your guard down Francisco “Paco” Guajardo, Safety Director, Millard Drywall & Acoustical Construction Austin, TX
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hat sparked your interest to work as a safety director, Paco? I worked for many years as a superintendent. During that time I got to see my share of accidents that happen to mostly Hispanic workers. At that time there was very little training specifically done for our Spanish speaking workers. Even now, Spanish workers are more vulnerable if they can’t understand safety instructions. When I was offered the job as safety director for Millard Drywall & Acoustical Construction, I jumped at the opportunity. Vice President Jim Millard was enthusiastic and committed to implementing a better safety program that would make a difference for his employees. What are your daily responsibilities as safety director? I am responsible for promoting and
managing our company’s safety program. I spend a good amount of my time doing site visits making sure our crews are protected from any risk of injury. What is rewarding about your job today? I get a lot of support from my administration. What a big difference that makes when I need to request spending on safety equipment. Our crews are very receptive to my site visit. They know I am there looking out for their safety. I tell them, “the way you left for family and home this morning, that’s the way I want you to return – safe and sound.” I really enjoy getting up in the morning and going to work. I feel like I make a difference.
Partners in safety
What are the major risks in construction? We all know that the construction industry accounts for the largest number of fatalities due to falls, electrocutions … the list goes on. So it’s extremely important to drive home to our workers that safety always comes first. Never let your guard down! Does Millard Drywall & Acoustical Construction have construction safety classes? Yes, we recently had a fall protection class. The class took place because, as a growing company, we felt the need for our workers to have continuing education on fall protection as a part of our safety program. All of our workers are required to have a working knowledge of safe use of fall protection equipment and systems. What did the foreman learn during the
be encountered, and how to best ensure protection for the temporary workers.” “The supervising employer is required to set up a method for employees to report work-related injuries and illnesses promptly and must inform each employee how to report work-related injuries and illnesses.”
Jon Marek,
Account Manager and
Casey Wenzel,
Regional Manager
MEMCO
San Antonio and Houston, TX Wenzel
Marek
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afety on the job is always a priority. If you’re a contractor, every employee’s safety is your responsibility. But what happens when your employee comes from a staffing company? The answer is that his or her safety and job-specific training is still your responsibility; however, you have a partner in the employee-protection process. Marek Employment Management Company, known as MEMCO, provides skilled tradesmen/semi-skilled workers and unskilled labor for a wide variety of commercial construction companies. Along with local OSHA representative Raul Carrillo, Jon Marek, manager for MEMCO in San Antonio, helped establish a partnership between MEMCO and OSHA through the safety administration’s alliance program. Marek cites excerpts from a document available at OSHA’s website, “Recommended Practices: Protecting Temporary Workers” with guidelines for the responsibilities regarding a contractor and staffing company:
How have you seen construction safety improve over the years? I have noticed more training tools and many of these written in different languages, which reflects our diversity in our work force. Even some of our suppliers offer safety training.
“Staffing agencies should provide general safety and health training applicable to different occupational settings, and the host employers provide specific training tailored to the particular hazards at their workplaces.” “Host employers should provide temporary workers with safety training that is identical or equivalent to that provided to the host employers’ own employees performing the same or similar work.” “Staffing agencies need not become experts on specific workplace hazards, but should determine what conditions exist at the worksite, what hazards may
While the staffing company is the primary employer on paper, the contractor client is still the supervising employer. Marek, who believes most injuries are preventable, equates MEMCO’s role to being like an HR and risk management team. In this joint-venture employment structure, when an employee is injured on the job, MEMCO will respond to the injury, specifically MEMCO employees Marek and David Musquiz, who both have their OSHA 30. They act as the employee rep, and they will handle the injury for their client. MEMCO and their client each records the injury. To promote safety in the industry, MEMCO’s San Antonio facility recently added a classroom where they have already hosted OSHA training classes. Marek explains the goal is to have a variety of inexpensive training opportunities throughout the year. He notes that this gives associations such as the Hispanic Contractors Association (HCA) and American Subcontractors Association (ASA) an
class? All of our foremen had to wear their harnesses in order for the trainer to observe and show if the harness user was wearing it properly. The foremen were then lifted off the ground enough to have their feet dangling, using a large metal tripod and were taught how to adjust the leg straps of the harness to be able to sit properly in the harness to wait to be rescued. This is key because if at the event a person falls and has a harness and does not adjust the leg straps properly, that person is only left with 15-20 minutes to be rescued. Whereas a person who properly readjusts the harness to be sitting on it instead of dangling is given more time, two hours of rescue time. When sitting in the harness, you are allowed more blood flow to the legs, where in hanging the leg straps of the harness cut off blood flow and because of that it does not circulate to the rest of the body properly. What is on the horizon for construction safety? I believe we are going in the right direction. There is more online training on different safety subjects, but you cannot ever replace a classroom setting. –ab
additional location to hold their OSHA/ Educational classes. Some of MEMCO’s clients don’t have a facility to do their inhouse training, and they will now be able to use the new classroom. Regarding the benefits of the alliance with OSHA, Casey Wenzel, MEMCO’s Houston-based regional manager, explains, “Establishing a personal relationship with the local OSHA representative gives us great access to information, and having a relationship with OSHA prior to a jobsite inspection, we already have a rapport. So, there is a comfort level, and this is a great benefit to our customers, who are ultimately the responsible party. “It’s all about cooperation. Construction is obviously a high-risk industry, and there are a lot of misconceptions out there with regard to responsibility of temporary employees’ safety on a jobsite. Regardless of whether the employee is permanent or temporary, that employee is the responsibility of the supervising contractor – and as a staffing company, it’s our responsibility to make sure our customers are providing the appropriate training and equipment, and to help provide guidance when needed. “Ultimately, the safety of our employees depends on our customer. If we can help our customers establish a safer worksite, we can help keep costs down, keep breadwinners providing for their family, and hopefully better the industry as a whole.” –mh
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Austin Construction News • Feb 2015
Construction Safety Cultural transformation: Establishing safety as everyone’s core value Chris Williams, Safety Director Associated Builders & Contractors Inc. Arlington, VA
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onsider these two safety vision statements: - “On every project, at all times, safety is our top priority.” - “We make NO compromise with respect to morality, ethics, or safety. If a design or work practice is perceived to be unsafe, we do not proceed until the issue is resolved.”
Both sound great on the surface - “at all times, safety is our top priority” and “we make NO compromise”. Yet, they reflect two distinctly different safety cultures, which show in their overall safety performance. Consider that, for the company where safety is a priority, their Total Recordable Incidence Rate (TRIR) is a full two times the national average for a construction company of their size and work type. The TRIR for the company that doesn’t compromise on safety, and won’t proceed until safety issues are resolved? 0.20. That’s 95% below the industry average. The simple reason behind why company A and company B have such vastly different safety numbers lies in how leadership and, as an extension, their employees, perceive safety. When safety is perceived as a priority, it means that
other priorities - schedules, cost overruns, etc. - can move ahead of safety. When safety is a priority, the emphasis on performing work safely, every single time, without exception, lags or is shunned completely. A safety climate is established - one that changes constantly and one where safety is important only when things are going well. A true world-class safety culture one where a near-miss, let alone an incident, is considered as a failure to be remedied immediately and learned from to prevent it from occurring again - places safety as its core value, upon which every decision, big or small, is based. The foundation of that culture is leadership’s uncompromising commitment to achieving a zero-incident jobsite and unwillingness to waver from safety as their core value. The structure of a world-class safety culture comes from the total belief, by ev-
ery employee, that not only is every incident preventable, but that each employee is responsible to their safety and the safety of those around them. Sounds great in theory, but what about when you have 150 employees on five different jobsites and superintendents with three distinctly different leadership styles? Or, how about, as with Company B (where they don’t compromise on safety and won’t perform the task until it’s completely safe), with 4,000 employees worldwide? Transforming your culture isn’t as difficult as you may think. Again, it all starts with the CEO and senior leadership’s commitment to sending every employee home in the same, or better, condition than which they arrived, and exhibiting that commitment to all employees. That causes a trickle-down effect regional managers and superintendents see this commitment to safety as the core value and, regardless of leadership style, begin to use it with their crews. Focus rewards not on the number of hours worked without a lost-time incident, but individuals who stopped work when they recognized a hazard or who helped a fellow employee safely tie off. In short, everyone is responsible for - and accountable to - each other. Take the Alcoa example; when Paul O’Neill (who would later become Treasury Secretary under President George W. Bush) took over as CEO in 1987, he stated unequivocally that his core value was a zero-injury workplace. He needed to change the culture.
Because of O’Neill, the automatic routine at Alcoa became that, for any injury, the unit president had to report it to the CEO directly within 24 hours and present a plan to ensure that the type of injury never occurred again. If you embraced the system, you were promoted. Floor employees became supervisors; supervisors became directors; directors became vice presidents - if they committed to zero injuries and embraced the routine of making sure you learned everything possible from them to prevent them in the future. What happened next was astonishing - not only did Alcoa’s safety program change from reactive to proactive, but its entire culture shifted - the keystone safety habits O’Neill instituted built new corporate habits that streamlined the company’s manufacturing process and increased profits (and employee salaries). Transforming a safety culture from one where safety is a priority to one where safety is THE core value doesn’t have to be difficult; it just takes commitment and instilling the importance that each team member not only performs their duties safely, but also watches out for their coworkers. It’s about creating a sense of family, building relationships among our employees so that everyone understands that safety isn’t about the individual, but the people and our families that we work and live with. It’s an interdependent effort, and one that, as we’ve seen in the examples above, can be achieved no matter the company’s size. –cw
Survey says
S
urveyors from around the state attended the recent Texas Society of Professional Surveyors (TSPS) 63rd annual Convention & Tech Expo at the Westin Galleria in Houston. The event gave attendees an opportunity to grow professionally while networking with fellow land surveyors. –ab
Imaginit Technologies
Martin Instrument
Easy Drive McKim & Creed Inc.
Western Data Systems
G4 Spatial Technologies
Total CAD Systems Inc.
Surveying and Mapping LLC
Austin Construction News • Feb 2015
Page 17
continued from Page 1 — Check our new website! version of our latest papers – even getting a past issue is a breeze. And speaking of searching, don’t worry – we’ve included a nice search function that will allow you to find exactly that story or photo you remember seeing, but can’t quite remember when,
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continued from Page 1 — Wheels keep on turning “I love the challenge of going from looking at plans for new construction then going out to look at a repair job all in the same day,” he said. “Then there is always the fun part of meeting new people. “ Some hobbies Kim Wheeler likes include landscaping and watching movies on the weekends. Jones spends time with his four grandkids, goes fishing with his wife, and for the last three years he has led a small bible study group for young men (9th graders) from church. “Several of the young men have been with me for three years, and I cannot wait to see what the next three years brings for us as they go through high school,” he said. The crew members enjoy fishing, watching football, playing baseball with their kids and other fun family activities.
If Jones were to give a young person advice he says look for ways to learn your craft, in school and also hands-on-experience. “One of my favorite quotes from Zig Ziglar is, ‘You can have everything in life you want if you just help enough other people get what they want’,” he said. “My goals are to keep learning how to serve those around me, and then one day in the future move down to the Texas coast with my ‘blushing bride’ of 36 years.” APAC Texas Wheeler Companies covers the full spectrum of the asphalt industry, from pothole repairs to heavy highway work. The company performs all phases of commercial new construction and repair, including sealcoating, striping, and signs. The company also offers hot-mix, concrete and aggregate supply with plants throughout the central Texas corridor from San Antonio, Austin to Waco. –ab
Round-Up Raba Kistner Infrastructure (RKI) has hired Fitzgeraldo “Fitz” Sanchez, PE to serve as project manager II with responsibilities for managing the owner verification services on up to one-half of the TxDOT Energy Sector Road repair project. Sanchez earned a B.S. degree in Civil Engineering from Texas A&I University – Kingsville (now Texas A&M University – Kingsville), as well as a B.S. degree in Civil Engineering from Universidad Autónoma de Nuevo León in Monterrey, Nuevo León.
Submissions This is a section for brief company announcements of new or recently promoted personnel, free of charge as space allows. –––––––––––––––––––––––––––––– Email with “Round-Up” in the subject line (w/digital photo, if available) by the 15th of any month, for the next month’s issue to: Austineditor@constructionnews.net
Submitted to Construction News
Leading the way
continued from Page 1 — Pooling together
The American Institute of Architects Austin Chapter (AIA) hosted a leadership retreat at McKinney Roughs Nature Park in Cedar Creek in January. Photo by Matt Risinger –ab The entrance to the Bartholomew Municipal Pool
we were assured that a previous asbestos abatement had been done and was asbestos free,” Heine said. “Since, almost all of the existing pool piping was found to contain asbestos this was a major setback in starting the project.” When the pool shell was removed, the construction team observed an unknown source of water that had been percolating up through the bottom of the existing pool shell. “Test pits near the initial sighting were excavated to observe the type of volume and hydrostatic pressure that was under the site,” she said. “A total of 10 test pits were dug, resulting in a large volume of ground water infiltrating the entire site.” With the help of a new geotechnical engineer, Chasco’s design team, and a hydrologist, it was determined that a massive remediation was needed in order for the pool to keep it’s ¼” PVR needed for a 50-year pool. This put the project on hold for nine months. The redesign included a French drain system that Chasco’s utility crew installed along three sides of the site to take in and divert all incoming water. “We then over-excavated the entire site and replaced it with 7ft of imported, compacted engineered fill,” Heine said. To make sure that no water would sit underneath the site at any given time, a drainage layer was added using perforated pipes, piped into wet wells that pump water out continuously. During the nine month delay for the groundwater redesign the door was opened for additional community involvement, which led to adding more shade structures, a diving well with diving board, a pool heater for year-round
swimming and additional site lighting. With the re-design complete and the increased scope, Chasco was tasked with building the project within the original eight-month schedule. This was achieved and the pool was open on time for the 2014 swim season. Heine says the entire site is centered around a large heritage tree that was to be preserved as the focal point of the entry. Major efforts and coordination were needed to protect the tree to ensure its health during and after construction. Constructing the multiple pools and structures, around the tree for the entire construction process, was a logistical challenge by itself. The tree remains healthy as a natural source of shade for the swimmers. “Working with our City of Austin project manager Bob Egan and the parks and recreation department project manager Rey Hernandez was a complete joy,” she said. “This project had a multitude of issues and they were extremely instrumental in expediting our permitting processes, assisting with conveying the public concerns needs and desires during the redesign and assisting with day to day city processing through construction.” Founded in 1979 by Chaz Glace, Round Rock-based Chasco Constructors is a general contractor and a subcontractor. The company has an in-house concrete division with 15 crews, an excavation division with nine crews and a utility division with 10 crews. Today Chasco Constructors has 346 employees, with Glace’s sons Chuck leading the company as president and Tony leading the concrete division. –ab
Construction News ON LOCATION
Diligent duo
L-R: Paul Bicoy and Frank Menzel help customers choose carpet, vinyl, ceramic and wood flooring at Lone Star Carpet. The company specializes in residential, commercial and multifamily flooring. –ab
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Page 18
Austin Construction News • Feb 2015
If you took a class, what would it be? I think it would be a lot of fun to take a waterskiing lesson. I have been waterskiing since I was 4. Alan Heine, Alan Heine Painting Inc.
History is fascinating to me. I enjoy reading Texas history books in my free time. I’d take a class! Jud Stringer, Building Abatement Co.
I would love to take a Texas history class. It is my favorite subject. Frank Bomar, Home Lumber Co.
I’d take a surveying class to stay up to date with changes in the industry. Floyd Ward, Accutex Survey Systems
I’d take a wood working class. It is a great hobby and it is always good to keep learning. Juan Suarez, Structura
I think I’d take a machining class. Jesse Hinojosa, SolarTek Energy
I’d take a tennis class to improve my skills. Ryan Remmert, Coastal Mechanical I’d love to take a golf lesson! Marc Mittleman, Austin MGM Air I want to earn my Master’s license. It is something I have wanted to do for a long time. Thomas Russell, Russell Electric Taking a western dancing class with my husband would be great. Kim Harsh, Pease Custom Floors I’d take a class where you could learn how to build a cabin with solar panels and rain collection. Glen Teinert, Teinert Designs I wouldn’t mind taking guitar lessons. That would be fun! Michael Beery, Firetrol Protection Services A recreational soccer class would be awesome. Richard Cantu, Airco Mechanical
I would study electrical engineering in a heartbeat! Brent Barnett, Lighting Electrical I’d take guitar lessons. Ben Brenneman, T Morales Co. A green building class sounds good to me. Wayne Jeansonne, Solluna Builders I love what I do today so I would improve my skills by taking a woodworking class. Tyler White, Custom Cabinetry by Tyler White I would enjoy taking a writing or a poetry class. Writing is one of my hobbies. Ron Leatherman, Leatherman Services My wife and I would sign up for a cooking class. Robert Beery, Commercial Contracting Consultants I think it would be enjoyable to take a gardening class and learn about different plants and flowers. I spend lots of time in my garden in the springtime. Vickie McCarty, Daryl’s Hardwood Floors
Association Calendar
Content submitted by Associations to Construction News AGC
CTSA
Associated General Contractors
Central Texas Subcontractors Assn.
Feb. 2: Safety Committee meeting Feb. 3-6: TEEX OSH 226 – Permit Required Confined Space Entry Feb 10-13: TEEX OSH 521 – Industrial Hygiene Feb. 12: Hygiene Scaffold Awareness Feb. 13: Ladder/Fall Protection for Workers Feb. 17-20: TEEX OSH 511 – OSHA Standards for General Industry Feb. 24-27: TEEX OSH 201 – Hazardous Materials For more information call 512-442-7887
Feb. 10: Monthly meeting, 5:30pm-6pm Social Hour, 6pm-8pm Dinner and Presentation, Embassy Suites, 5901 N. IH-35 For more information visit www.ctsaonline.org
AIA
Nat’l Assn. of the Remodeling Industry
American Institute of Architects
Feb. 19: General membership meeting, 11:30am-1pm, Norris Conference Center, 2525 W. Anderson Ln. #365, special guest: Jay Papason For more info: www.austin- nari.org
Feb. 4: BEC Austin - Roofing Technology, from “B” to “T” Feb. 11: Food For Thought Feb. 17: 2015 Luncheon Speaker Series Feb. 20: Academy of Architecture for Health (AAH) Committee meeting Feb. 23: Commercial Advocacy Roundtable Feb. 24: Food For Thought For more information call 512-767-7436
ASPE American Society of Plumbing Engineers
Feb. 9-10: Green Plumbing Design (GPD) workshop in San Antonio Feb. 11:: Intermediate Plumbing Design workshop presented by Peter Kraut, South Coast Engineering in San Antonio Feb. 12-13: Revit MEP training in Austin For more information call 210-262-2142
CSI Construction Specifications Institute
Feb. 21: Construction Documents Technology (CDT) Boot Camp at the Associated General Contractors (AGC) - Austin Chapter office, 609 South Lamar Blvd. For more information visit http://austin. csinet.org/
IEC Independent Electrical Contractors
Feb. 10,11,12: IEC National Business Summit in New Orleans, LA Feb. 18: General Membership luncheon, 11:30am-1pm, Saltgrass Steakhouse
NARI
NAWIC Nat’l Assn. of Women in Construction
Feb. 4: Chapter meeting – Professional Development Series, Speaker: Maura Thomas, Personal Productivity Secrets, 5:30pm Networking, Dinner 6pm, Big Daddy’s Burgers, 9070 Research Blvd. $25 Members/$30 Non-Members Feb. 20: Networking Luncheon, 11:30am, BJ’s (Arbor Walk), 10515 N. Mopac Expressway For more information go to www.austinnawic.org
RCAT Roofing Contractors Association of Texas
Feb. 6-7: Winter Membership meeting For more information visit www.rooftex. com
TSPE Texas Society of Professional Engineers
Feb. 27: 2015 Engineers Week Banquet, 11:30am-1pm, Barton Creek Country Club, 8212 Barton Club Dr. For more info: visit www.tspe-travis.org
Submitted to Construction News
Partnering up
An OSHA Partnership meeting took place at the Associated Builders and Contractors – Central Texas Chapter (ABC) office Jan. 15. –ab
The Butler Did It Cleaning Services
Specializing in Final Clean Make Ready Office Cleaning
Submitted to Construction News
Listen and learn
Commercial and Multi-Family Providing services for Developers • General Contractors Subcontractors • Real Estate Professionals Service Area: Austin | Cedar Park | Round Rock | Pflugerville | Georgetown | Leander
Shelley Butler, Owner/Manager 512 • 755 • 4334 shelley@TheButlerDidItServices.com www.TheButlerDidItServices.com
The Associated General Contractors (AGC) Texas Building Branch (TBB) met at the AGC Austin Chapter office in January to discuss the new Texas Legislature session and issues impacting the Texas commercial construction industry. –ab
Austin Construction News • Feb 2015
Page 19
All you need is love
Owner Kevin and his wife Cheryl operate Georgetown Fence & Deck LLC. The couple has worked together since they moved the business to the Williams Drive location in Georgetown in 2012. “In the beginning, we had our fair share of challenges since we took over an existing business,” Kevin Clark said. “We persevered and now we are doing well! “I get out in the field to do sales calls and Cheryl works at the office. We have been married for 32 years. We make a great team!”
C
upid is busy in February. We found hard working couples that work side by side in the Austin construction industry on a daily basis. Love is in the air. All of us from Construction News wish you a very Happy Valentine’s Day. –ab
Jessica Lawrence and her husband Buddy, Buddy L Construction, have been married seven years this April. “We dated five years before we were married and have known each other since 9th grade,” Jessica Lawrence said. “We’ve worked together almost six years now. Wow, time flies!”
L-R: Joan, son Chuck and Charles Batts
President and founder Charles Batts, CB Hardware, has worked with his wife Joan since he founded the company in 2000. “Joan is an active part of CB Hardware and I enjoy having the chance to work with her every day,” Charles Batts said. “We have been married for 48 years.”
Nick and Evelyn Page, Nick’s Bricks, have been married since 1985 and will celebrate their 30-year anniversary in November. “Evelyn and I both went to Hyde Park Baptist Church,” Page said. “We met at a church camp one year. It was love at first sight. I started Nick’s Bricks in 1993 and Evelyn came on board in 1995.”
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Page 20
Austin Construction News • Feb 2015
Danny’s going fishing
F
Construction News ON LOCATION
Made you laugh
The company decorated the wall to honor Danny.
looring Solutions held a retirement party for beloved employee Danny Vinson who worked at the company for 10 years. “Danny is special to all of us so we wanted to have a party for him,” said Me-
gan Pierce-Tionloc, executive assistant. “We wish him the best as he enters retirement. He will be missed at our office!” Established in 2002, Flooring Solutions provides flooring solutions and products to commercial end-users. –ab
Inside salesman Kris Richard smiles for the camera at Johnstone Supply, a wholesale distributor to the HVAC, refrigeration and property maintenance industries. –ab
Construction News ON LOCATION
Equipped for the job
L-R: Rick Watson and Jay Galindo have a good day working in the parts department at Waukesha-Pearce Industries Inc. (WPI). –ab
Construction News ON LOCATION Danny Vinson (sitting) receives a fishing pole at his retirement party.
On the road again
Construction News ON LOCATION
Supply and demand
Technician Kevin Jackson, Efficient Air Conditioning, makes his rounds to commercial jobs in north Austin. –ab
Submitted to Construction News
All together now L-R: Wayne Hollier, Claudia Arriaga, Bianca Rodriguez, Ronnie Blankenship, Joyce Crutchfield, Gary Cannon and Sharise Beck gather for a photo at Builder Gypsum Supply, a wallboard distributor. –ab
Stucco & EIFS Products • Custom Color Matching Cement, Lath & Trim Products
conveniently located to service Austin and San Antonio 23703 IH-35, #101B Kyle, TX 78640 512.268.5600
L-R: Owners Regan and Paul Landreth, Landreth Construction, celebrated Christmas with employees and their spouses at the Saltgrass Steak House in Round Rock in mid-December. –ab