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Volume 13
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Number 11
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NOVEMBER 2015
Following a dream
Longevity in mind
Scarlet Castillo (center) and the Sunbelt Supply staff gathers at the Stafford location.
L-R: Ray, Miguel, Tom, Mandy, James and Larry, Vogler Sheet Metal
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ill Strickland operated Sunbelt Fasteners from 1980 to 2012. Today his daughter Scarlet Castillo is the general manager at the company, which is now Sunbelt Supply LLC. The Houston office has recently relocated to 4850 Wright Road #190 in Stafford. In 1980, after much stress and discussion with his wife Maxine, Strickland decided to start his own business. He wanted to pursue the American dream. “I had been in the fastener business for several years, and felt like I could be successful,” he said. “I left the company I was with and we started out of our garage.”
In the beginning, Strickland says he had $500 to work with. After six months of working in their home, the couple had orders all over the house and decided to get a warehouse. “We hired people to work for us, and some of them are still with us today,” Strickland said. “We gave our customers the best service, even if it meant giving up a fishing trip on a Sunday morning. “Maxine and I lived with Sunbelt 24 hours a day, and have been so richly rewarded and now we are able to pass this on to the second generation.” Castillo says over the years, the company mainly focused on providing fasteners to the Texas area but now has a
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ogler Sheet Metal has had a long history in Houston. The company has remained in business since
1904. “We moved into our current facility at Karbach Street about three years ago because we needed more space,” said President James Kaiser. According to Kaiser, the company operated at a building on Brunner Ave. for 105 years. Originally, Vogler Sheet Metal was a tin shop specializing in light metal fabrication, such as water tanks or cisterns, guttering, metal roofing, flashings, kitchen vent hoods, countertops, skylights and ventilators.
Kaiser says the Vogler family operated the business from 1904 through 1965. For the following 30 years, Ken Rawls took over ownership. Kenneth Jeanes started working for Rawls in 1984 and took over ownership in 1997. Mark Mancino joined Vogler in 2008 and soon after purchased an ownership interest in the company. Kenneth and Mark sold the company to Kaiser in 2012. “I am committed to insuring Vogler’s history in customer satisfaction and quality products,” Kaiser said. When asked what the key is to staying in business for more than 110 years, Kaiser said, “We do it right the first time. continued on Page 18
continued on Page 18
Maximizing the flow of traffic
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ebber LLC has completed construction on the SH249 Tomball Tollway Mainlanes. Harris County Toll Road Authority (HCTRA) is the owner. Area manager Troy Gjerde says the project included .5 of a mile of construction on the main lanes on SH249 from south of North Pointe Blvd. to north of Three Lakes Blvd. The project included a 41,016-sf bridge, an un-manned toll structure spanning eight lanes at approximately 300 ft. wide, which included concrete IT buildings, and four concrete columns. There was 23,442 CY of roadway excavation, 118,592 CY of channel excavation and 200,182 CY of roadway embankment, 102,258 SY of concrete paving, and 63,859 sf of MSE Wall. “The project also included widening an existing retention pond by six acres for a total size of 12 acres,” Gjerde said. “In the detention pond there was 14,939
CY of clay liner required on the bottom and slopes to minimize erosion and ground water seepage. “A $1.4 million change order was added to the contract to widen the north bound and south bound frontage road at Northpointe Blvd. in order to maximize the flow of traffic at the crowded intersection.” According to Gjerde, the main challenge on the job was completing the toll plaza. This required coordination with two major subcontractors, as well as Webber crews working on the concrete structures. The Toll Plaza is comprised of four concrete columns at a compound angle, two cast in-place concrete IT buildings and a steel pipe gantry. “There were several design and erection concerns that needed to be mitigated with the owner and suppliers,” he said. An aerial view of the SH249 Tomball Tollway Mainlanes.
continued on Page 18
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Houston Construction News • Nov 2015
Setting standards
Be a part of our Spooktacular feature
It’s not too late to send your Halloween photos to: HoustonEditor @ConstructionNews.net
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L-R: Jason, Brandi Vela, Jose Vela, Joe Garofalo, Richard Castillo, Marco Rodriguez and Billy Stuart
wner Joe Garofalo established Standard Roofing & Sheet Metal Inc. six years ago in Houston. “I originally started the company in the garage at my house,” Garofalo said. “After a while I moved to a location near Hollister and now we are at W. 34th Street Suite A. We are already starting to outgrow our location.” Garofalo says the company has stayed busy in 2015. The crew has had lots of commercial work, such as banks and strip malls. “It is a great time to be in the construction industry,” he said. “Houston continues to grow all the time. Every year, we are showing an increase in business.” According to Garofalo, the company has ongoing training and safety seminars during the year. “We have an annual Thanksgiving meal in November and a crawfish boil in
the springtime,” he said. “We are always working but we try to find time for fishing and hunting. We are also fans of all the Houston sports teams.” Jose Angel Vela oversees all the commercial jobs. He is a third generation roofer. “I met Joe a couple of years ago and we partnered up to expand the business,” Vela said. “Our future goal is to continue to grow the commercial side of the business. Garofalo says he eventually wants to purchase land and build a building with more space one day. “I want to keep doing what we are doing,” he said. “We want have our own legacy.” Standard Roofing & Sheet Metal is a full-service roofing contractor, managing new residential and commercial roofing, roof maintenance, repairs and re-roofs. –ab
Submitted to Construction News
Game on
The SpawGlass Houston office celebrated College Spirit Day Oct. 2. The company had a contest to see which team member had the most college spirit. L-R: Lori Ingle, Eric Pearson and Sandra Delacerda
Houston Construction News • Nov 2015
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Industry FOLKS
Industry FOLKS
Margarita Gonzalez Sales Associate Mundo Tile
Rebekah Matamoros Outside Sales and Marketing Buyers Barricades
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nteracting with customers is Margarita Gonzalez’s favorite part of her job as a sales associate at Mundo Tile. “I love helping customers figure out how they want to use the tile in their homes or businesses,” Gonzalez said. “I like helping them decide on what colors to use. “I talk with people with various cultural backgrounds on a daily basis, so it is always interesting to me. I look forward to going to work in the mornings.” Gonzalez has worked at Mundo Tile for five years. She says every two or three months the company has meetings in Dallas. During her life she has lived in Mexico, El Paso, Dallas and now Houston. “Before I started my current position, I worked in pharmacy sales in Mexico,” she said. “I have always been interested in design, so I thought the tile business would be a perfect fit for me. I really like it.” When she isn’t at work, Gonzalez says she loves cooking in her kitchen and reading books. “I cook with very simple ingredients,” she said. “I enjoy making Mexi-
Houston
can dishes and spaghetti for dinner. I also like to bake cookies when I get the opportunity.” After a long day at work, Gonzalez likes to read books about history, self-esteem and religion. “Traveling is also one of my passions,” she said. “I had a great time on a cruise from Galveston to Cozumel, Mexico a few years ago. “Right now I am a caretaker for my father, so I don’t travel as often as I used to. I live with my dad nowadays so I can be there for him if he needs my help.” Gonzalez likes living in the city because there are so many different kinds of restaurants to choose from if she wants to go out to eat. “I have found some beautiful areas in Houston with lovely pine trees and flowers,” she said. “There is too much traffic but there is beauty everywhere.” –ab
CONSTRUCTION NEWS
fter working in the oil and gas industry for more than nine years, Rebekah Matamoros wanted a change in scenery. Soon she became interested in working in the construction industry. “I thought about what I really wanted to do and decided to change my corporate America job for a pick up truck and ball cap kind of days,” she said. “The construction industry has been rewarding because I see the growth around town and know we are part of something so big.” Buyers Barricades was originally one of her vendors when she previously worked at the company Go Safety/CTI. During that time, she established a good working relationship with the management team. “I knew I wanted to be part of a growing company,” Matamoros said. “When the opportunity presented itself, I was offered a position in sales with the Buyers Barricades Houston division. I couldn’t be happier now!” Matamoros says she handles outside sales and marketing on a daily basis.
She is an integral part of expanding the company’s safety products and line offerings to the Houston market. “The best part of my job is the people I have the opportunity to meet and establishing and maintaining relationships,” she said. “Hearing from my customers, ‘thank you for such great customer service’ is always rewarding to me.” Born and raised in Houston, Matamoros is glad to call the Bayou City home. When she not at work Matamoros enjoys spending time with her friends and family. “I especially like spending time with my 2-year-old daughter before and after work and on the weekends,” she said. –ab
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The Houston Construction News (ISSN 15477630) is published monthly by Construction News LTD., dba Houston Construction News, and distributed by mail to constructionrelated companies in Houston and surrounding counties. All submissions should be mailed to our editorial offices. We reserve the right to edit any materials submitted. No fees for materials, copy or photographs submitted will be due unless agreed upon in advance in writing. Submissions will be published at our discretion on a space available basis. Construction News, Ltd. , dba Houston Construction News, will not be liable for errors in copy or in advertisements beyond the actual cost of space occupied by the error. Publisher reserves the right to reject any advertisement at any time.
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L-R: Inside sales consultants Glenda Perez, Stephanie Contreras and Dorri Doss, Builders Gypsum Supply, stay dry indoors after the rain in late October. –ab
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Houston Construction News • Nov 2015
The construction industry was always attractive to me. Where did you go to high school? I attended Sam Rayburn High School. I never played sports in high school, because I was more interested in cars at the time. My first car was a Toyota Corolla. It didn’t have a back window or shocks. It also didn’t go in reverse.
Daniel Baez Master Electrician and Owner Baez Electrical Services
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s owner of Baez Electrical Services, Daniel Baez says he makes it his personal responsibility to maintain quality control and organize technical functions on all projects. Baez has more than 20 years of experience in his industry. “I oversee the day to day installations and design build services on a daily basis,” Baez said. “I spend most of my time going to the projects with the crew. I don’t wear a suit to work. I get out with the crew and work, too. We do whatever it takes to complete a quality job.” Baez Electrical Services provides electrical repairs and installations for commercial, residential and industrial projects. The company is a certified MBE/ SBE and HUB Contractor by the City of Houston. Where were you born and raised, Daniel? I was born in Lawrence, MA and raised in Pasadena, TX. How many brothers and sisters do you have? I have six brothers and two sisters. It is funny because I grew up in a large family and now my wife Angela and I have seven children between the two of us. There is never a dull moment at our house!
What was your very first job growing up? I washed dishes at a pizzeria in Pasadena after school and on the weekends. After working in the restaurant industry for four months, I decided I wanted to do something else.
What made you decide to become an electrician? I saw an opportunity to become an electrician after I spent time at Gary Job Corps, a career technical training program in San Marcos. After taking the training program, I decided I wanted to do electrical work for a living. How long did you live in San Marcos? I lived in San Marcos for about a year before moving back to the Houston area and I have lived here with my family ever since. What did you do next? I enrolled in San Jacinto College and started my career at Zachry Corp. in Houston. I wanted to gain valuable experience working as an electrician before starting my own company. I also worked at Brown & Root and Amber Inc. while completing my education. Pushing through enabled me to become a Master Electrician at age 26. What sparked your interest to open your own company? The truth? I am hard headed. I just don’t like people telling me what to do. What were the early days like at your company? In the beginning, it was just me at the company. I wore a lot of different hats and just focused on working hard every day. Eventually, we secured a contract to do Radio Shack stores throughout Texas. This was a turning point for us. More retail chains for national builders followed. Next we began various projects for the City of Houston, Texas Department of Transportation, Houston Zoo, local parks and community centers. Nowadays we have a great crew of guys. They do an excellent job and I am thankful for each of them. We have expanded to provide electrical service and installation for government and school projects. We are currently working with the City of Houston on Buffalo Bayou's down-
Submitted to Construction News
Mid-day treats
Daniel Baez (center) works with his crew at a Houston Zoo project.
town bridges and trail lighting enhancements. We are back at the zoo doing upgrades as well. Do you ever travel outside of Houston for jobs? Yes, we mostly handle projects in the Houston area but we have also done work in Austin, Dallas and San Antonio over the years. What are the keys to success in your industry? I think on-the-job experience is key in the construction industry. You have to be dedicated to execute each project with precision and timeliness. I also think it is important to take ownership of the project from start to finish, including obtaining all necessary electrical permits and coordinating inspections with local inspectors. What advice would you give a young person who wants to do what you do today? My advice is to go to a trade school and finish all your classes at once and not spread it out over the years. Then gain experience at a good company. Learn from the best electricians you can find. It also helps to develop long-standing relationships along the way. What is the best part about what you do today? I really enjoy owning my own company. No two days are ever the same and no two projects are ever the same. I enjoy being challenged daily. One of the best decisions I ever made was to earn my Master Electrician license. I enjoy learning new things all the time and problem solving. What are your favorite hobbies these days? I don’t get a lot of free time outside of work. I like hanging out with my family, spending time outdoors, working on my tangerine orange 1972 Cutlass and taking care of my three Mastiff’s named Percy, Sophie and Tookie. The dog in the movie “Turner & Hooch” was actually a French mastiff. I have always liked them and wanted one since I was younger.
The Three Square Design Group staff recognizes each team member’s birthday, and in September, they celebrated with snow cones. –ab
When did you meet you wife, Angela? I met Angela in 2006, right here in Houston. Today, she helps me out with the business by tending to administrative duties and making sure everything is organized. I am glad she is with me. Have you traveled outside of Houston with your family? Yes, our most recent trip was to Austin. We enjoyed spending time in the Hill Country. We visited Zilker Park and went canoeing. It is a beautiful part of Texas. My wife and I also recently took some time off to go on a Caribbean cruise. We had a wonderful time relaxing and we hope to go back one day. We were able to visit St. Martin, Bahamas and St. Thomas. It was beautiful. Is there a place you and Angela would like to travel to one day? We would love to travel all over Europe and see places such as London and Spain. What is the best part about working and living in Houston. It is good to live in Houston because there is always work here. It is never slow. Where is your favorite restaurant? Since we are always working, Angela and I don’t spend much time in the kitchen so our favorite restaurant is anywhere the kids eat free! Have you seen a movie lately with your kids? Yes, most recently we went to see the new “Goosebumps” movie at AMC Willowbrook Theater in Houston. They have the best seats in town! What are your plans for the future? I want to continue doing lots of electrical work for government and school projects. I plan to maintain my existing relationships with current GC’s and pursue new ones as well. I would also like to pursue more heavy industrial projects in the future. I love it here in Houston and this is where I plan to stay for years to come. –ab
editions can be Did you Pastdownloaded at know? www.ConstructionNews.net
Houston Construction News • Nov 2015
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Star studded night
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he Associated Builders and Contractors Greater Houston Chapter (ABC) Excellence in Construction Gala took place at the Wortham Theater Center Oct. 1. More than 200 guests attended the dinner and ceremony. The event recognized outstanding projects in the commercial and industrial construction industry. Projects were evaluated by local owners, architects and engineers on: safety, execution of design, craftsmanship, attention to detail, installation and other considerations. –ab Congrats to the winners!
Interior: Satterfield & Pontikes Construction: Francis Hall Renovation Project
Sitework-Landscaping: Camarata Masonry Systems: Centennial Gardens Project
Light Industrial: BE&K Building Group: Triumph Aero structures Vought Aircraft Division Manufacturing Facility Building 2
The Best of Houston Award: SpawGlass: Port Arthur Savings Renovation Project.
Commercial: E.E. Reed Construction: Sierra Pines Phase Two Project
Historical Renovation: SpawGlass Construction Corp.: Port Arthur Savings Renovation Project
Finish Exterior: Camarata Masonry Systems: Energy Tower Four Office Building Project
Other Specialty: Aggregate Technologies: Lakewood Church 5th Floor Modifications Project
Mechanical: TD Industries: ExxonMobil Campus Project Formerly Known as Project Delta
Other Specialty Industrial: Standard Constructors: LHC-9 Concrete Piling Installation Project
Industrial: S&B Engineers & Constructors: Lone Star NGL Mariner South Export Frac Project
Electrical: Trio Electric: CB&I Office Building
Residential: HOAR Construction: One Lakes Edge Project
Finish Exterior: Haley Greer: The Treehouse Project
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Houston Construction News • Nov 2015
Revenue recognition – it’s time for change
The small business owner’s retirement dilemma
Leslie Guajardo, CPA, CCIFP Padgett Stratemann & Co., Partner San Antonio, TX
Kirk Quaschnick, President Mogul Wealth Strategies LLC McKinney TX
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evenue is one of the most important measures used by investors and owners in assessing a company’s performance and prospects. However, recognition standards differ in accounting principles generally accepted in the United States (GAAP) and International Financial Reporting Standards (IFRS). For years, we have been hearing about the potential effects of the proposed revenue recognition standards and Accounting Standards Update (ASU) 2014-09 was issued on May 28, 2014. While the road to a final regulation is still being paved, the rule-makers are getting closer every day. Earlier this year, the Financial Accounting Standards Board voted to defer the effective date of ASU 2014-09 for one year. As a result, public entities would apply the new standard to annual reporting periods beginning after Dec. 15, 2017; nonpublic entities in 2018. The new guidance is aimed at removing inconsistencies and weaknesses in existing requirements; providing a framework for addressing issues; improving comparability of revenue recognition across entities, industries, and jurisdictions; and providing more useful information to users of financial statements through enhanced disclosures. The key to understanding the major changes is to first understand the five steps to consider with each contract: 1. Identify contract with the cus- tomer 2. Identify separate performance obligations in the contract 3. Determine the transaction price 4. Allocate transaction price to per- formance obligations 5. Recognize revenue as perfor- mance obligations are satisfied In most cases, entities would apply this five-step model to each contract awarded. However, in situations where the entity combines multiple contracts for purposes of revenue recognition, the standard states an entity can account for a portfolio of similar contracts together if the contracts are entered into at or near the same time, the contracts are negotiated with a single commercial objective, the amount of consideration in one contract depends on the other contract, and the goods promised are a single performance obligation.
Conversely, one contract could result in several performance obligations. If you determine you do not have separate performance obligations, the revenue recognition process remains basically unchanged. If you determine you do have separate obligations, you would continue with steps 3-5 above, which require the contract amount to be allocated among the performance obligations. Each obligation would then be accounted for as a separate job. If a contract modification or change order arises, the contractor must determine whether it should be accounted for as part of the existing contract or a new one. If the modification changes only the transaction price, the entity would apply the requirements for allocating the new price to the existing obligations. If the modification changes the scope of the project so that a distinct obligation arises and the entity has a right to consideration that reflects the standalone price of the additional good, the change would be accounted for as a new contract. The AICPA has formed 16 industry task forces to help develop a new Accounting Guide on Revenue Recognition that will provide illustrative examples for how to apply the new standard, with construction contractors being one of them. So, get your CPAs involved and be prepared to plan early. Leslie V. Guajardo, CPA, CCIFP, is a partner at Padgett, Stratemann & Co., L.L.P. She can be reached at 210-253-1530 or Leslie.Guajardo@padgett-cpa.com.
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ou’ve poured a lifetime of sweat, time, and capital into building your construction business. You’ve begun thinking about retirement, and your strategy is to sell your company for a good price, settle back, and enjoy a financially secure retirement. But, like many business owners, you’ve made the mistake of assuming this scenario will happen, and you haven’t bothered to make other retirement plans. You need to be realistic. What are the odds of a person showing up at the right time with cash in hand to buy the company for a fair price? For thousands of small business owners each year, no one steps forward. Perhaps the business is too specialized or is tied too closely to the owner’s unique personality and skills. Maybe possible buyers equate retirement sale with a distress sale and make only low-ball offers. Whatever the reason, many owners find that their company has suddenly become a white elephant that nobody wants. Select and develop a successor. That’s why it’s so important to prime a replacement—someone who will buy your company when you’re ready to retire. Maybe this is a current co-owner (but be careful if he or she is about the same age as you, and planning to retire around the same time.) Or it’s your son or daughter active in the business, or a younger key employee. Business owners in the construction industry who successfully groom their own replacements leave nothing to chance. They realize that there’s no room for error at the point of retirement. Here are some steps you should take: Be cautious. Make sure your heir apparent is the right person in terms of temperament, personality, competence, and personal goals. Set up a probation period so you can terminate the relationship if you find that this person will not work out. During that period, keep everything informal, strictly verbal. Even when you go to a formal agreement, make sure it contains a termination provision. Offer incentives to ensure that your replacement stays until the baton is passed. An ambitious successor needs and deserves gradually increasing authority and benefits. Options include deferred compensation or the opportunity to acquire partial ownership prior to your retirement. This provides both parties with something to win by sticking to the agreement, and
something to lose if it falls apart. Create a buy-sell agreement. With the help of your attorney, lock in who does and gets what, spelling out all details and caveats, including how to establish the final valuation of the business. This formal agreement protects everybody. Build in a funding mechanism. This is crucial. No matter how good the terms of the buy/sell agreement, it will be worthless if the money is not there when needed to carry out the plan. Under one option, the successor may be able to purchase the company from ongoing profits. Other options include setting up a sinking fund or allowing the successor to simply borrow the money. These options may work but they leave much to chance. Instead, consider a funding vehicle that protects your family in the event of your disability or premature death, such as life and disability income insurance. Have a Plan B. As a business owner, you know that very few things go exactly as planned. What if your business hits tough times or your successor dies, becomes disabled, or leaves because of a personality conflict? Or what if there simply is no heir apparent waiting in the wings? Sometimes, it’s simply best to dismantle the business. Whether or not you have a possible successor for your construction company, you should begin mapping out your retirement strategy today. Your insurance professional or your independent professional advisors can work with you to help you develop a sound business strategy. Kirk G. Quaschnick, CLU, ChFC, ARPC, is the president and co-founder of Mogul Wealth Strategies, LLC in McKinney, TX. Since 1992, Kirk has helped his clients in financial, business, and estate planning, as well as financial advising, investment advisory and wealth management services to business owner executives and individuals. For additional information on the information or topic discussed, please contact Kirk at 214-420-7152, or email him at kirk@mogulwealth.com.
Submitted to Construction News
Submitted to Construction News
Down by the bayou
Importance of safety
Representatives of the U.S. Army Corps of Engineers Galveston District, Harris County Flood Control District, Harris County Precinct 4 and the Greens Bayou Corridor Coalition gathered on the banks of Greens Bayou to ceremonially break ground on a $58 million partnership project designed to reduce flooding risks for homes and businesses in the Greens Bayou watershed. –ab
The Independent Electrical Contractors Texas Gulf Coast Chapter (IEC) hosted its first safety event for its contractor members Sep. 24. Eighty-four electrical contractors were in attendance. Presenter Enrique Garza, Compliance Safety Consulting, covered topics including OSHA updates, written procedures, new hires, hazard assessment of the workplace, training personnel and proper tools and equipment. –ab
Houston Construction News • Nov 2015
Page 7
“Pay-if-Paid” still means “Pay-if-Paid”
New OSHA electronic resources
Shelly Masters, Principal Cokinos Bosien & Young Austin, TX
Joann Natarajan Compliance Assistance Specialist OSHA Austin, TX
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n the not too distant past, construction contractors of all tiers were highly concerned about the enforceability of “pay-if-paid” clauses in construction contracts, making payment by a general contractor to a subcontractor “contingent” upon the general contractor’s receipt of payment from the owner. Many were confused about the difference between pay-if-paid and paywhen-paid clauses, with good reason, as even Texas courts were often split on their interpretation. Many others were simply concerned about paying without being paid (general contractors) or getting paid (subcontractors). Despite the passage of law aggressively sought by contractor groups defining contingent payment clauses and their enforceability, many general contractors and most subcontractors fail to use the law to their benefit even today. Contractors often put contingent payment clauses in their subcontracts. Contracts without pay-if-paid clauses are dangerous to general contractors because they may be forced to pay subcontractors and suppliers without ever receiving payment from the owner. The contractor uses these clauses to avoid financial disaster, by spreading among the subcontractors the risk of nonpayment if the owner fails to pay the contractor. Pay-if-paid clauses are dangerous for subcontractors because these clauses shift the risk of owner nonpayment from general contractors to subcontractors. A “pay if paid” provision in a subcontract provides that the general contractor is only obligated to pay the subcontractor if it is paid by the owner. Subcontractors frequently attempt to negotiate the removal of such clauses or revise them to become pay-whenpaid clauses. In reality, however, subcontractors often lack the leverage needed to completely negotiate away such clauses. Texas law does not prohibit the use of contingent payment clauses, but does restrict their enforceability against “innocent” subcontractors if the owner’s nonpayment is due to its own insolvency or the misconduct of the general contractor or another subcontractor. If the contingent payment provision is interpreted as a pay-if-paid, then there are four exceptions to the application of the clause: (1) the owner’s or upstream contractor’s refusal to pay is caused by the principal’s failure to meet its obligations; (2) the contingent payment clause is contained in a sham contract; (3) the downstream contractor provides timely notice objecting to the enforcement of the contingency payment clause; or (4) the enforcement of the clause would be unconsdonable The application of any of these exceptions will depend heavily on the facts and
circumstances of the claim. Pursuant to the law codified in Section 35.521 of the Texas Business and Commerce Code, the contingent payment clause is an affirmative defense of a general contractor to a claim for payment in a civil lawsuit for breach of contract. There are some exceptions and safe harbors of which subcontractors in Texas may take advantage so long as they meet some critical notice deadlines not unlike those required by the Texas mechanic’s lien statute. Also, §35.521(i) states that a contingent payment clause cannot be used to invalidate the enforcement or perfection of a mechanic’s lien for labor performed or materials furnished. Likewise, no party can be forced to give up its rights to object to the enforcement of a contingent payment clause. Despite improvement in the volume of Texas construction projects, lawsuits for lack of payment on construction projects are filed almost daily. The contingent payment law provides an avenue of collection for subcontractors and suppliers suffering from nonpayment. Conversely, it establishes a method to further protect their enforceability for general contractors or other upper tier contractors. However, it has no effect on those in the construction industry who unknowingly or intentionally fail to avail themselves of the protections of the law they worked so hard to get. Shelly Masters is a principal in the Austin office of Cokinos Bosien & Young. She represents clients in the areas of construction, labor and employment, commercial, and products liability law. Cokinos Bosien & Young has been representing the construction industry for over 25 years. Her firm has additional offices in Dallas, Houston and San Antonio. She can be reached by e-mail at smasters@ cbylaw.com or by phone at (512) 615-1139.
SHA has issued a number of downloadable resources on the osha.gov website recently to enhance workplace safety. OSHA publication 3755, Protecting Roofing Workers, addresses fall protection, ladders, scaffolds, lifts, electrical and roofing operations, roofing tools and personal protective equipment. OSHA released publication 3825 Protecting Construction Workers in Confined Space: Small Entity Compliance Guide in September 2015 to assist construction employers in complying with the new confined space rule that was issued in May 2015. This publication covers confined spaces, permit spaces and duties of the competent person, entry supervisor, entrants and attendants. A new publication, OSHA 3824 entitled Resource for Development and Delivery of Training to Workers concentrates on how adult learning and techniques to ensure an effective training session. Included are best practices for training adults, best classroom layouts, a checklist of adult education, and program evaluation. OSHA issued a Fact Sheet on All Terrain Vehicle safety. ATV’s are used to haul small loads and have been involved in 321 fatal accidents between 2003 and 2011. OSHA Fact Sheet 3758 gives some safety guidance on using ATV’s. OSHA Info Sheet 3818, Health Effects from Contaminated Water in Eyewash Stations, addresses proper maintenance of eyewash stations to prevent bacterial eye infections. OSHA issued three fact sheets on the proposed Beryllium rule. OSHA Fact Sheet 3821 provides an overview of the
proposed Beryllium law and what requirements OSHA is contemplating in the rule, OSHA Fact Sheet 3822 discusses the health effects of Beryllium, which is a human carcinogen. OSHA Info Sheet 3823 discusses Beryllium Safety in the Workplace and the types of industries and processes where Beryllium is encountered, and ways to reduce and control exposure to this human carcinogen. OSHA and NIOSH issued a Hazard Alert on Worker Exposure to Silica during Countertop Manufacturing, Finishing and Installation. Engineered stone, quartzite, sandstone, granite, slate and soapstone countertops contain varying amounts of silica, which when cut and worked can release silica if precautions are not taken. OSHA publications 3780 and 3781 cover temporary workers. OSHA 3780 addresses who is responsible for providing and paying for personal protective equipment. OSHA 3780 makes clear that both the host employer and temporary company are responsible for temporary worker safety. OSHA 3781 covers the Whistleblower protections afforded all employees. The host employer and temporary company are jointly held responsible in the event that retaliation occurs. All of the publications mentioned can be downloaded from the OSHA website at: http : //www.osha.gov/dcsp /compliance_assistance/new_ca_products.html natarajan.joann@dol.gov 512-374-0271 x232
Bright future ahead
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an Jacinto College and the National Association of Women in Construction Houston Chapter (NAWIC) hosted a Women in Industry event in October.
More than 140 students from several ISDs participated. The event helped open the eyes of young women to consider a career in construction. –ab
Sandy Field, NAWIC, was the keynote speaker at the event.
Students participate in a welding workshop.
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Making calls
Ready to start a new week, outside salesman Charles Mccausland talks with customers about fasteners at Fastenal. –ab
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Houston Construction News • Nov 2015
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Nothing to lose, all to gain
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n my quest to find and write stories about companies in the construction industry, I often run into suspicion. Many of you have been solicited for stories about your companies from publications who want something in return. But we are different! We do not charge anything for articles and photos printed in Houston Construction News. It’s a win-win situation for your company. We are not going to ask you for a list of your subcontractors. We aren’t going to circle back at a later date and send you an invoice. We don’t want anything from you except a few minutes of your time. In return, you get your company’s name in our monthly newspaper – free! Doing a business profile is really simple. I’ll email you a few questions, you answer them to the best of your ability and I write the story! It can be done through email, on the phone or in person. Each month we feature a project on our front page. All projects are eligible -from a small renovation to a multi-million dollar project. The only catch is your company can only be featured in a project story once every five years – that way everybody gets a chance to show off the good work they are doing. Business profiles and project stories are only the tip of the iceberg. There’s room in our papers to highlight your employees. I especially like to find ones who have something unique to talk about – like an outside hobby or craft, or a recent milestone. Photos in our newspapers run the gamut: Have a new baby? Send a pic! Went fishing? Send a pic! Took a vacation, went to a concert, visited a family reunion? Send pics! Did you have a child start school this year? Send me a picture of that special first day! Got some good photos of your employees on a job site?
Send a pic! Have you recently worked with a subcontractor who did a good job? Let me know so I can call them for a story. The Houston Construction News covers a large area including Harris, Galveston, Fort Bend and Montgomery counties. We know you are busy – that’s a good thing! Help us spread the good news about the construction industry in Texas. Don’t be shy! Just take a look at our website: www. constructionnews.net to see how easy it is to get your name out there. When you appear in our newspapers, you also appear online on our website and possibly on our Facebook page. Each time, it’s a free opportunity to spread some positive, feel-good name recognition!
Granite squared
Selvin Paz and Donna Rollins assist folks in the showroom at Granite Granite Inc. –ab
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All in a day’s work
Email me at houstoneditor@constructionnews.net or give me a call: 832-595-0091. – Abby BeMent
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Follow the signs
Heath Neumann gets things done at Bayou City Wall Systems in Houston. –ab
Fish wish
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ubcontractors spent time on the water with friends at a Fall Fishing Tournament held in San Leon. After the tournament, the award winners and cash prizes were announced and folks enjoyed lunch at Topwater Grill. The American Subcontractors Association Houston Chapter (ASA-HC) held the event. –ab Congrats to the winners! 1st Place: TDC Waterproofing and Restoration
L-R: James Orsatti, David Jackson, Naomi Hollowell and Owner Adam Bartling make it a great Monday at Mike Davis Signs. The company installs commercial signs and provides other sign services. –ab
2nd Place: Big City Access
3rd Place: Crady Jewett & McCulley
Houston Construction News • Nov 2015
Page 9
The Change of Seasons
Planning your outing on the water should be thought out before you get to the ramp, at least the first couple of spots you intend to fish. If things go as planned, pat yourself on the back and make some mental notes on what the conditions are. If the wheels start to fall off, be prepared to make a major change or grind it out if you have confidence in that spot. Topwater lures will be one of my early morning choices before water temps drop below the 70 degree mark. MirrOlure She Dog and She Pup are excellent choices because of the high pitch sounds they produce. The MirrOdine and Pro Dog Jr. are also very productive when your looking for a smaller presentation.
by Capt. Steve Schultz Sponsored by: Premier Yamaha Boating Center, Majek Boats, E-Z Bel Construction, Power Pole Shallow Water Anchor, Aggregate Haulers, ForEverlast Hunting and Fishing Products and Columbia Sportswear.
As we prepare to enter the winter season, look for changing patterns in speckled trout and redfish action. Starting in late October and early November, cool fronts will start arriving dropping water temperatures and barometric pressures. Contrary to popular belief, nice weather is not always the best fishing weather, therefore I try to avoid days right after a cold front when both skies and pressures are high. Planning your day prior to these pre-fronts and post-fronts conditions can pay off in big dividends. Be prepared to fish longer days, sometimes with fewer bites as fish tend to feed less frequently during cooler months. By the time this column is in your hands, I will probably have made the transition from live fin-fish to lures or perhaps
live shrimp when available. Wading the banks of the King Ranch shoreline from the JFK to Baffin will be the norm except when drifting the deeper rocks. Resident trout and redfish will begin their feeding habits preparing for the winter. I also expect the red tide conditions to be completely gone from our bay complex. and jigs should be changed or at least sharpened. Rods and reels, lubed and tuned and ready for countless casts.
Before closing, I would like to wish everyone a Happy Thanksgiving and safe travels. I would also like to give thanks to all the sponsors listed above for the support throughout the season. Without you, none of this would be possible. To schedule your next bay fishing trip give Capt. Steve Schultz a call at 361-8133716 or 361-334-3105 or e-mail him at SteveSchultzOutdoors@gmail.com Bubba Storbeck of San Antonio still able to get it done catching this 27 in. redfish last week on a fishing outing with Steve Schultz Outdoors.
Submitted to Construction News
Putt, chip, drive
Good luck and Good Fishing.
Have an outdoor photo you’d like to share? Send to: HoustonEditor@Constructionnews.net or call Abby at 832-595-0091
JE Dunn Construction Houston office recently hosted their annual Golf Tournament at Longwood Golf Club in Cypress. The tournament benefitted The United Way. –ab
STEVE SCHULTZ OUTDOORS, LLC BAFFIN BAY –– LAGUNA MADRE –– LAND CUT SPECKLED TROUT –– REDFISH –– FLOUNDER FISHING AND HUNTING TRIPS
(361) 949-7359
www.baffinbaycharters.com steveschultzoutdoors@gmail.com U.S. Coast Guard & Texas Parks and Wildlife Licensed
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Houston Construction News • Nov 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
Y
ou know Texas is blessed with weird extreme weather. It is notorious for having just about every kind of weather you can think of happening at once in the state on the same day. This year though has been exceptionally strange. We started out the year still suffering from the drought. Spring and summer brought good beneficial rains to some, devastating floods to others, and mostly skipped the rest of us. Thank goodness we did catch some good inflows for our Highland Lakes. A lot of the storms skirted the northwestern Hill County, but did drop enough moisture on some of the watershed to give us a couple nice shots of fresh water. Lake levels have improved, and even though they are on their way back down, we sure are thankful. Then late summer flipped the weather coin on us. An awful lot of Texas didn’t see more than a spit of rain for two or three months. All that wonderful moisture we gained earlier greened everything up, gave us back our wildflowers and made ranchers hopeful about restoring their herds. Our wildlife also reaped the bounty of new growth. Food and water and cover were plentiful for them, so the deer had a great fawn crop with lots of twins, and antler growth on the bucks for this year is really nice. By late summer all the overgrown vegetation started baking in the sun becoming
Weather Roller Coaster…. are we going up or falling down?
Kenneth Priess Construction, Fredericksburg, Tx, Oct. 3, 2015
Hot sun rising over Lake Buchanan
Half or Full Day Fishing Trips 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!
nothing more than a fire hazard. You will need to take extra care about the wildfire threat at the hunting lease this year. The water tanks and creeks started drying up, forcing every thirsty critter in the wild to have to travel further in search of water. If you are hunting this year, a good water trough might draw more game than a feeder. Does have been getting separated from the fawns (if not abandoning them altogether), so we see an awful lot of deer getting run over, as well as those darned feral hogs. If you are out on the roads for hunting trips or holiday travel, stay safe. Don’t speed or tailgate because you never know what might run out in front of you. So far on most lakes the fish haven’t been able to quite make out what they should do. The number of daylight hours is telling them they need to start feeding hard to get ready for spawning in the spring. They try to bite, but the water temperature is so high yet that it seems to spoil their appetite. Hopefully by the time you read this in Nov. summer will finally be over and everything will be back on its seasonal track. Then it will be “Fish on!” because they are gonna be hungry. I hope by the time you read this we will have cooled off and started getting some rain! Don’t forget to get out and vote for Proposition 6 on Nov. 3! We need to pass this amendment to protect our right to hunt and fish in Texas into the future! Some states have already failed to protect this fundamental right simply because nobody bothered to show up and vote for an amendment to keep what they already had. Please don’t let this happen in Texas!
What is it?
OK, all you anglers out there! Can you identify this rather handsome fish that was caught outside of Rockport off Goose Island? We’d love to have everybody “weigh” in. –cw
Houston Construction News • Nov 2015
Page 11
City of Angels Perry Seeberger, Seeberger Architecture, recently had a chance to take a mini-vacation after he attended a meeting in Los Angeles, CA. He saw lots of interesting sights on his trip and snapped a few photos along the way. –ab
Elvis and Perry Seeberger
The Beatles – Hollywood Walk of Fame
Hollywood
BEST Construction Tool?
Elvis Presley– Hollywood Walk of Fame Pasadena City Hall
Speed racers
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Capital Care Plumbing employees turn the corner at the racetrack.
After a long week of hard work, the Katy based Capital Care Plumbing staff recently put their helmets on and enjoyed themselves at Track 21 Indoor Karting & More. –ab
Have an outdoor story or photo you’d like to share? Send to:
HoustonEditor@ Constructionnews. net
or call Abby at 832-595-0091
Teresa Smith McDowell is ready to race.
Isaac Casas gives two thumbs up.
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Houston Construction News • Nov 2015
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Submitted to Construction News
Electric smiles
Rising to the top
L-R: Doug Klupsch and Matt Dunn, City Electric Supply, are happy to greet electrical contractors needing supplies at the Kempwood Dr. location. –ab
Skanska recently topped out at West Memorial Place II, the second building of its two phase 12-acre development in the center of Houston's Energy Corridor. To celebrate this milestone, the Skanska crew hoisted a tree to the top of the 14-story office building. HOK is the architect. –ab
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Submitted to Construction News
Just like family
Work day
L-R: Andrew Shin, Santiago Paredes, Tristan Cho and James Cho gather in the showroom at Empire Tools in Houston. The family owned company has operated since 1977. –ab
Thirty McCarthy Houston team members donned their hard hats and volunteered at Casa De Esperanza, a safe place for children in crisis due to abuse, neglect or the effects of HIV. For two days volunteers painted, built shelves, installed new hardware and provided other minor improvements to one of the largest homes in the residential care facility. –ab
Houston Construction News • Nov 2015
Page 13
Submitted to Construction News
Making progress
The Avanti Stones staff
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vanti Stones has expanded more into the commercial market since it opened in 1999. In the early days, Avanti Stone just covered the Houston and Louisiana market. Today, the company is expanding and covering North and Central Texas, Southeast and South Texas, Louisiana, Mississippi and Arkansas. In addition, the company has a location in Brazil. Mirza Khorasanee is the president of administration, Robert Chupungco is the sales general manager and Artoosh Voskanian is president of the Brazil office. Voskanian travels to the Houston location during the year. “In the stone business, I work with colors and meet new people on a daily basis,” Voskanian said. “I think the key to success in the tile business is building and maintaining relationships with people.” According to Voskanian, at first
Right on course
The Betco Scaffolds team has fun at the Associated Builders & Contractors Houston Chapter (ABC) Fall Golf Tournament at Wildcat Golf Club Oct. 12. –ab
Avanti Stones provided six or seven colors of stone in Houston. “Now we offer more than 70 colors,” he said. “Our stones come from all over the world. We carry all levels in two and three cm in both classic and exotic colors.” The sources include Brazil, India, Mexico, China and Europe. When employees at the company are not working at the showroom and warehouse, they like to attend local builders events, cook-offs and charity events. Hobbies they enjoy on the weekends are country dancing, playing golf, attending sports outings and other special events. “We want to continue to expand in the United States and Brazil,” he said. “This is keeping us very busy!” Avanti Stones has provided natural stones such as granite, marble, travertine, quartz and quartzite. –ab
Construction News JOB SIGHT
Set in concrete
The T&T Construction crew does concrete work at the Patton Myhre project in Tomball. –ab
In memoriam
Aim for success
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The clay shoot winners
H
ouston area glazing contractors gathered at the 2nd annual Clay Shoot at American Shooting Center Oct. 7. The Houston Area Glass Association (HAGA) held the event. –ab Congrats to the winners!
1st Place Individual: Bob Mata 2nd Place Individual: Ron Anderson 1st Place Team: Larson, Mata, Law and Ball 2nd Place Team: S. Anderson, R. Anderson and John Grimm
1st Place Individual/Female: Ami Martinez and 2nd Place Individual/Female: Emily Griffith
homas (Tom) Frank Thierheimer, Britain Electric Co., passed away Sept. 18, 2015. He was born Aug. 28, 1940. Thierheimer was most proud of his wife Jeanie of 50 years and their children, Jimmy Thierheimer, Jill Thierheimer-Cunningham, daughter-in-law Stacie Thierheimer and son-in-law Curtis Cunningham. His grandchildren are Taylor, Alyssa and Justin. Thierheimer was a Registered Professional Engineer in Texas, Missouri and Oklahoma. He also was a Licensed Master Electrician in Houston and Texas, a Certified Plant Engineer, a Certified Lighting Efficiency Professional and a Certified Power Quality Professional. He maintained memberships in many professional organizations related to the engineering and construction Industries. He was employed by Britain Electric Co. since 1973 and served as an officer and board member of the company. Thierheimer served on the City of Houston Electrical Board, Board of Di-
rectors of Houston Electrical League, Board of Directors and Advisory Board of the Southeast Texas Chapter-National Electrical Contractors Association (NECA) and Board of Directors Associated General Contractors Houston Chapter (AGC). –ab
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Houston Construction News • Nov 2015
Submitted to Construction News
Building together
On the greens
The Texas Air Conditioning Contractors Association Greater Houston Chapter (TACCAGH) held a Golf Tournament at The Golf Club at Cinco Ranch in Katy Oct. 7. L-R: 1st Place: Empower Processing: Carson Kainer, Chase Oelkers, Ryan Whitzel and Chris McCarty –ab
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Team Dacoma
Keith Blahuta and Ammie Hudson-Blahuta
S
enior project manager Keith Blahuta and his wife Ammie HudsonBlahuta, business development, Hudson Building Systems Ltd., attended the 1st Annual Dinner and Dance benefitting GiGi’s Playhouse Sugar Land at The Old Trading Post Oct. 10. The couple spent the last two years starting the non-profit. GiGi’s Playhouse is a Down syndrome organization provid-
GiGi’s Playhouse Sugar Land is expected to open in early December.
ing a permanent brick and mortar location offering direct educational and therapeutic programs to individuals with Down syndrome, their families and the community. Hudson Building Systems specializes in the supply and installation of access floor, operable and accordion partitions, commercial overhead counter and sectional doors and medical supports. –ab
Concrete fete
L-R: Sara Ramos, Scott Scheuber, Kylie Nelson, Bill Wolpert, Kimberly Carter, Rick Noseworthy and Donna Adams have a productive day at the ARC Document Solutions Dacoma location. The company provides document solutions, archiving and information management and construction document and information management services. –ab
Construction News JOB SIGHT
Going up
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The group took a tour of the AT&T Stadium.
hree hundred forty-one design professionals, contractors, material suppliers and distributors from around North America kicked it up in downtown Cowtown Oct. 14-16. Hosted at Fort Worth’s Hilton Hotel, the International Concrete Repair Institute’s (ICRI) Fall Convention was the second largest ever held by the association. Attendees enjoyed a chapter party at Billy Bob’s Texas Club, a large group tour of AT&T Stadium, a golf tournament and a project awards reception. –mjm
E.E. Reed Construction LP is the GC for the Volta Industrial Center, a 168,425-sf cross-dock warehouse and distribution facility near Bush Intercontinental Airport. L-R: Denise Alvarez and the E.E. Reed team Shawn Anderson, Tommy Carden and Brian White. Seeberger Architecture is the architect. –ab
L-R: George D. Alan Company’s Andy Bautz, Sika Corporation’s Leslie and Bill Light and Texas Concrete Restoration’s Pete and Carol Haveron enjoy fajitas at Billy Bob’s Texas Club.
WJE’s Doug Smith and wife Kim at Billy Bob’s for the North Texas chapter-sponsored party Friday evening.
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Houston Construction News • Nov 2015
Page 15
Architecture & Engineering Dedication in engineering Bob Smith, President Geoscience Engineering & Testing Houston, TX
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n your opinion, what is the current state of the local construction industry? Our experience is showing that the housing is starting to slow down from a breakneck speed. The housing industry is still in good shape. The commercial side appears to be in full swing. Just take a drive anywhere in Houston and you will see a lot of tower cranes. We used to joke in the 80’s that the tower crane was the state bird. It looks like it is coming back. There is also a significant amount of municipal working going on. The Grand Parkway is one of the largest projects being constructed right now. There are also bond elections being held in both Harris and Montgomery counties. If these
bonds pass, there will be a lot of needed infrastructure work performed and will create construction jobs. What are a few trends you see in your industry in recent years? We can usually see an increase in residential construction when apartments reach about 95% occupancy. When residential work increases, there has to be supporting businesses like convenience stores, grocery stores, dry cleaners, etc. We have seen a pattern of when the residential slows down, municipal work increases. What are the rewards of working as a
Legislative year brings changes to industry David Howell, PE, Deputy Executive Director Texas Board of Professional Engineers Austin, TXall odd-numbered years in Texas, 2015 brought s with with it a legislative session to Austin. The 84th legislature of Texas made a few changes that affected the engineering community. Unlike the 2013 session, which through the passage of the Sunset bill for the Engineering Practice Act, brought us the fingerprint-based Criminal History Records Check (CHRC), the bills passed in the 2015 session should be much more well-received. Some of the bills affecting the engineering community in Texas are:
A
House Bill 7 – Tax reduction was one of the popular efforts during this session. HB7 was aimed at reducing the tax burden on a number of professions. The great news for the engineering community is that effective Sept. 1, engineers no longer pay the $200 professional fee associated with license renewals or initial licensure. All licensees will see the reduction automatically on renewals statements, starting with the September renewal cycle. The Board is excited to help implement this change that will have a significant effect on thousands of individuals and engineering firms in Texas. Senate Bills 807 and 1307 – Another topic that was addressed with several bills this session was related to military and veteran licensure. The legislature wanted to make sure that individuals
who served the U.S. would receive as much benefit for that service as possible. These two bills will change the Board processes regarding licensing and renewal requirements for active duty military, veterans, and military spouses. House Bill 2439 – There were several bills this session related to the Texas Department of Insurance (TDI) Windstorm Insurance program. As you may know, since the 2011 Texas Legislative session, the Engineering Practice Act has contained a section regarding Windstorm Related Design Services. It established the process for the Texas Board of Professional Engineers to create and maintain a roster of engineers who are qualified to do Windstorm Design so those individuals could be appointed as inspectors by TDI. HB 2439 changed the
geotechnical engineer? One of the responsibilities of design professionals is public safety. When we give a recommendation for a foundation, for example a bridge, the foundation designers rely on our information to design the foundation. Failure is not an option. We are currently working with Landry’s on a new 32-story hotel. The geotechnical recommendation for a high rise is very complicated and requires additional consulting during the construction process. There is a sense of pride when the recommendations you give turn into a completed project. What are the keys to being successful in your industry? You should find a mentor that is willing to work with you and never say no. It takes not only an education, it takes dedication. You might have to sacrifice time, salary, and probably a few weekends to rise to the top. In your opinion, what is the most significant challenge your industry faces? The greatest and costliest is local,
Act by repealing the Windstorm Roster section in the Act, but based on implementation requirements for TDI, the roster will remain in effect as it is until the end of 2016. House Bill 2049 – This bill prohibits state and local government entities from issuing contracts with engineers that require a duty to defend. House Bill 2167 – This bill modifies limitations regarding unmanned aerial vehicles to allow their use by engineers and surveyors in their professional practice as long as no people are visible in the images. This change will allow engineers and surveyors to safely access more remote locations. While most statutory changes are effective on Sept. 1, any Board rules that needed to be modified for implementation of these bills or others, were brought to the Board at its August meeting and were posted for comments and input. The earliest adoption of revised rules would be in November, with a potential effective date of mid-December. This is also a good time to look back at the previous session and give an update on the implementation activities since then. As I said above, one of the most significant bills of the 2013 legislative session was Senate Bill 204, which was the Sunset bill for the agency. The bill reauthorized the agency for another 12 years and made some changes to the Board’s enforcement authority. One of the most contentious changes made by
state and federal government regulations. We spend a significant amount of resources to comply with all of the regulations. We have a full time employee dedicated to ensure we meet all of the requirements. What advice would you give for a young person interested in pursuing a career in geotechnical engineering? I would advise that you should get your EIT immediately after graduating. Then work toward a master’s degree and find a medium size company to work for. This is also the time to start building relationships within the industry. These contacts will be invaluable in the future. If you go to a smaller company, I believe your chances of finding a good mentor are better. When you find that person, stick with them for at least five years and then take the test for a PE license. I always tell my engineers that eventually we all become salesmen. An engineer that can bring a project in is worth their weight in gold. –ab
the Sunset bill was the requirement for all active license holders and new applicants to obtain a fingerprint-based CHRC prior to renewal in 2014. Starting with the first renewal quarter in March of 2014 and continuing through the last renewals in December, we had roughly 46,000 PEs have their fingerprints taken for the CHRC. During that year, we also had approximately 4,200 new applicants go through the process. Almost 91% of those individuals had no criminal records at all. For the remaining 4,300 records, TBPE was able to view the record in the DPS system. For security reasons, TBPE did not import criminal records into our system. Of the 50,000+ individuals that went through the CHRC process in 2014, there were six enforcement cases opened against licensees and at least 50 applicants who have had to comply with additional requirements prior to approval. The CHRC process is only required to be completed one time for a PE license. While this process is still in place and will continue for new applicants and reactivation of inactive licenses, the bulk of the CHRC for PEs has been completed. The Texas Board of Professional Engineers and staff continue to protect the public and look for ways to serve the regulated engineering community as effectively as possible. Visit our website (www.engineers.texas.gov) and keep an eye on your email for news, updates and announcements. –cw
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Houston Construction News • Nov 2015
Architecture & Engineering More BIM for your buck Lorraine M. Dailey, President LMD Architects San Antonio, TX
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orraine M. Dailey, owner of LMD Architects, was an early adopter of Building Information Modeling (BIM) and she has been a passionate advocate of the technology ever since. “When it first made its debut into the architectural field about 10 to 12 years ago, LMD immediately recognized the value of the parametric modeling in BIM and switched from AutoCAD, which had been the main method for producing our documents electronically, over to BIM,” says Dailey. “The value of it is extensive.” One of the primary benefits, she says, is building a three-dimensional model that can be presented to the owner. The owner can see the design rather than having to visualize from two-dimensional documents. This makes it possible to do 3D-generated walkthroughs of the building and its design, which can cut down tremendously on the costs of changes later as it is being built. The architect can work through all of the systems and complex structures in the building prior to it being under construction.
Another benefit is conflict detection and risk mitigation, she adds, explaining, “As we’re doing our documents, if there is going to be a conflict between structural and mechanical or structural and one of our exterior building envelope components, we’ll be able to see that in the model and catch it prior to, of course, being a costly modification out in the field. So, conflict detection is a huge value.” Dailey estimates that using the computer to calculate and catch potential conflicts increases overall project quality by 50 percent. She has also heard that using BIM helps reduce risk as far as predicting outcomes by 30 to 40 percent. “Studies have shown that with BIM, you can achieve up to a 20 percent reduction in building cost by making smart choices during the building modeling phase,” she adds. “You can achieve up to 33 percent reduction in costs over the
lifetime of the building, 50 percent reduction in conflicts and rework during construction, because of the parametric modeling and being able to work everything out in the model. When you draw in 3D, it’s called a parametric model. “So, when we make changes in a door – say a door size changes – we change that door in the model, and it automatically changes throughout our documents. That door may be depicted in 15 other places in our documents on sections and elevations and in schedules. So, we change it one time, and it automatically gets changed throughout. So, there’s less chance for human error of us missing making a modification or updating the size or type of a component, because it happens in real time with one modification.” This also saves the architectural design team a significant amount of time. By streamlining the process, the team is able to be more efficient in its work. They can even do an upfront building lifecycle cost analysis and an energy cost analysis for the owner in switching out different components. The computer then calculates how, for example, a wall that is all glass impacts the energy and solar loads
of the building, making it easier to examine the sustainability also. “The cost of construction, designing and building a building, is only 10 percent of the cost of the building over the lifecycle of the building,” she explains. “So making smart choices upfront can save a tremendous amount of money for the owner in utility, operating and maintenance costs. With BIM, since it’s all cohesive, we plug in those systems and we’re able to tell the owner, ‘Yes, these particular air conditioning units are going to cost you X dollars more, but here’s the value of what it’s going to save you over a 30-year period.” Dailey notes that as more consultants and contractors get involved in the BIM process, the model encourages collaboration between the design and construction team as they work together to make everything fit and function cohesively. Celebrating its 15th anniversary this year, LMD Architects is a WBE and HUB business. The firm primarily works on public projects, such as emergency medical services facilities, with a focus on criminal justice architecture, such as correctional facilities. –mh
Landmark event
S
urveyors from Texas and beyond lined up to attend the Texas Society of Professional Surveyors (TSPS)’s 64th Annual Convention & Tech Expo, hosted Oct. 8-11 at the Sheraton Dallas Hotel. “It’s a great opportunity for our surveyors to network and learn about new technologies through our exhibitors as well as our through the education and classes that they get,” TSPS Executive director DJ Kyle says. An Oct. 8 skeet shoot at Elm Fork Shooting Sport marked the event’s “point of beginning,” followed by a golf tourna-
ment at Tenison Highlands Golf Course, a past president’s dinner and a TSPSA open house. Meetings for the board of directors and the association’s membership were slated for Friday, capped off with an alumni reception. The weekend got underway with educational sessions, a luncheon and a trade show with 65 exhibitors. TSPS hosted a “When I’m 64” awards gala Saturday evening, featuring Beatles tribute band “A Hard Day’s Night!” The convention convened Sunday afternoon after a second day of exhibits and educational sessions. –mjm
Gorrondona & Associates Inc.
Smart Vent
Total CAD Systems Inc.
Western Data Systems
McKim & Creed
Geomatic Resources/Leica Geosystems
Surveying And Mapping LLC (SAM)
Geo Shack
Houston Construction News • Nov 2015
Page 17
Round-Up Gensler recently hired workplace design specialist Mark Gribbons to its Houston team. Gribbons will work with the Gensler workplace studios to help generate designs. He has more than 25 years of experience. Gribbons graduated from California State Polytechnic University, Pomona with a Bachelor of Architecture. LJA Engineering Inc. has hired Greg Strube, PE, as senior engineering manager in the Houston site division. Strube has more than 16 years of experience in the design and management of site and land development projects. He will be responsible for managing major projects, business development and staff coordination and oversight. Strube earned a B.S. degree in Civil and Environmental Engineering from The University of Nevada. National Trench Safety LLC (NTS) has hired Wendell Wood to work in the company’s customer training division. In his new position, Wendell will help to further the development and reach of the OSHA compliant training programs. His career in the industry stretches more than three decades. His experience includes working as a product sales specialist, product application specialist, distribution manager and a safety trainer. cre8 has hired Vanessa Poe, AIA, to its team. Poe’s background includes projects for education, aviation, commercial, laboratory, and industrial clients. At cre8, Poe will work on educational and community projects. She holds a Post Professional Master of Architecture II with an emphasis on Sustainable Design degree from the University of Texas and a Bachelor of Architecture with a minor in Industrial Design from Virginia Tech.
Submissions
Round-Up
McCarthy Building Companies Inc. has appointed Jorge Laris as project director for its transportation business in Houston. In his new position, Laris will be working with McCarthy’s heavy civil team to pursue and manage hard bid and design-build transportation projects throughout the Houston and South Texas markets. Laris graduated with a Civil Engineering degree from the Universidad Iberoamericana in Mexico City and received a master’s degree from Texas A&M University.
Ed Gamel, PE, has joined Johnston LLC as director of civil engineering. Gamel brings more than 30 years of experience in planning, design, and engineering management of transportation and infrastructure projects in both the public and private sectors. George Purvis has joined Geoscience Engineering & Testing Inc. (GETI) as vice president business development. Purvis has more than 34 years of experience in the environmental, geotechnical engineering and construction materials testing industry. He has experience with commercial, education, healthcare, office, municipal, mix use, land development and retail projects. Ramtech Building Systems has hired commercial MEP design veteran Robert Frick who will join the company’s engineering group as mechanical, electrical, plumbing design manager. In his new role, Frick will be responsible for working within the Ramtech design team to develop MEP designs encompassing all of Ramtech’s education, healthcare, government, and commercial projects. MC Industrial Inc., an independent McCarthy company, has hired Tim McDougal as director of business development for the industrial builder’s Houston office. In this role, McDougal will be responsible for managing new and existing industrial construction client accounts in the Southern territory, with primary focus in petrochemical, power and refining markets. McDougal earned his B.S. degree in Building Construction from Texas A&M University, as well as an MBA with double concentration in Finance and Marketing Management from the University of St. Thomas. LJA has promoted Bob Bardin, PE, to senior project manager in the firm’s Hydraulics and Hydrology Division. Bardin has more than 15 years of civil engineering experience specializing in hydrology and hydraulics. His expertise includes numerous drainage studies for master planned communities, FEMA flood insurance studies, flood reduction analyses, storm water detention design, and open channel drainage design. Bardin will manage the H&H staff in the completion of studies in support of land development projects across the State of Texas. He is a graduate of the University of Houston with a Bachelor of Science in Civil Engineering.
This is a monthly section for brief company announcements of new or recently promoted personnel, free of charge, as space allows. –––––––––––––––––––––––––––––––––––––––––––– Email (w/digital photo, if available) by the 15th of any month, for the next month’s issue (published 1st of each month). Email info to appropriate city issue, with “Round-Up” in the subject line: –––––––––––––––––––––––––––––––––––––––––––––––––––––––– San Antonio: saeditor@constructionnews.net Austin: austineditor@constructionnews.net Dallas/Ft. Worth: dfweditor@constructionnews.net Houston: houstoneditor@constructionnews.net South Texas: STeditor@constructionnews.net
Association Calendar
Content submitted by Associations to Construction News ABC Associated Builders & Contractors
Nov. 4: Mixer, 4:30pm, Groves Industrial Supply Nov. 5: GC Expo, 7am, Pasadena Municipal Fairgrounds Nov. 13: Breakfast, 6:30am, Crowne Plaza at NRG Stadium For more information call 713-523-6222
the New Specification for PT Slab-onGround Foundations, 5pm For more information: www.foundationperformance.org
IEC Independent Electrical Contractors
Nov. 18: Monthly meeting For more information call 713-869-1976
AGC Associated General Contractors
Nov. 5: Member Mixer, 4:30pm Nov. 10: AGC/AIA Joint meeting, 6pm Nov. 21: ACE Mentor Houston Build It Forward, 8am For more information call 713-843-3700
NAWIC Nat’l Assn. of Women in Construction
Nov. 10: General Membership meeting, 5:30pm, Dave & Busters, 7620 Katy Freeway #100 For more information: www.nawic-houston.org.
AIA
NECA
American Institute of Architects
National Electrical Contractors Assn.
Nov. 7: Texas Medical Center Walking Tour Nov. 14: Rock Building Stones: Downtown Geology & Materials Tour Nov. 17: ArCH Film Fest: Welcome to This House Nov. 21: Buffalo Bayou Walking Tour For more information: www.aiahouston. org
Nov. 5: Coastal Sabine Division meeting
ASA American Subcontractors Association
Nov. 3: Small Business Peer Group Nov. 5: Associate Member Peer Group Nov. 11: Schmooze & Mingle Nov. 19: General Lunch meeting – Meet the GC’s For more information call 281- 679-1877
FPA Foundation Performance Assoc.
and CSLMCC meeting Nov. 24: Houston Division meeting Nov. 30: LU 716 Pension meeting For more information call 713-977-2522
PHCC Plumbing-Heating-Cooling Contractors
Nov. 11: Member Lunch, Saltgrass Steakhouse For more information: www.gulfcoastphcc.org
WCA Women Contractors Association
Nov. 5: Monthly Luncheon – Grand Parkway SH 99 Nov. 19: Hard Hats and Heels For more information: www.womencontractors.org
Nov. 11: Presentation - The New Construction and Maintenance Manual and
Submitted to Construction News
An evening with industry icons
L-R: Stan Marek, Marek Brothers Systems Inc., Charlie Nelson, Gilbane Building Co.; Howard Tellepsen, Tellepsen and Pat Kiley, Kiley Advisors, gave their insight to Houston contractors at a panel discussion at the Associated General Contractors Houston Chapter (AGC) office Oct. 22. –ab
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Houston Construction News • Nov 2015
Saying thank you
WCA and NAWBO members
T
he Women Contractors Association (WCA) in partnership with the National Association of Women Business Owners Houston (NAWBO) held an Elected Officials Reception at the Crowne Plaza Downtown Oct. 15. The annual event recognized elected officials in Harris and the surrounding counties. Jacquie Baly was the emcee. –ab
continued from Page 1 — Following a dream domestic and international customer base. “We stock many types of products and have expanded our services to the tech industry by establishing a Solutions Division in Penang, Malaysia,” Castillo said. Sunbelt Supply opened a warehouse in Debrecen, Hungary in 2005 and opened a warehouse and machine shop in Penang, Malaysia in 2011. Castillo says the keys to success are staying flexible, building a personal relationship with customers and willing to spend as much time as needed in support of customers’ needs and requests. Each year, employees look forward to gathering for a Thanksgiving lunch and Christmas party. “We like to celebrate each employees birthday with cake and lots of laughs,” Castillo said. Each branch of Sunbelt Supply is in-
volved with a different charity such as volunteering weekly at local food banks, Special Olympics, Orphanage sponsor (Malaysia) and Ray of Hope for Children’s Medical Needs (Debrecen). When employees have free time after work, they enjoy Crossfit workouts, Fantasy football, hunting and fishing. “Looking ahead, we want to grow our customer base in all our locations and expand our engineering services,” Castillo said. “We also want to add new value add services and enhance online ordering to our website. “We have grown and made many positive changes over the years, but one thing has stayed the same for more than 35 years and that is our phone number.” Sunbelt Supply LLC is a wholesale distributor of many types of products (industrial and electronic hardware, specialty items and material finishes) and provides engineering support. –ab
continued from Page 1 — Longevity in mind
WCA President Heather Taylor Kelly, Dominion Air & Heat LLC
That tradition has been passed on from generation to generation. We put quality first and volume second.” Every year, employees look forward to spending time together at the company Christmas party. “We take an annual fishing trip, too,” Kaiser said. “This year we all went to Port Aransas for a weekend. We rented a large
house that looked similar to a resort. Everyone had a great time!” Vogler Sheet Metal specializes in roofing and sheet metal work for the homes and businesses of Houston and the surrounding area. The company has also added new products and capabilities such as commercial roofing and also added a maintenance department. –ab
continued from Page 1 — Maximizing the flow of traffic
Attendees network at the Crowne Plaza Downtown
Submitted to Construction News
Supply and demand
Elena Garcia, Grogan Building Supply, says hello to vendor Andy Maldonado, Huttig Building Products, at the Grogan's Open House event in mid-October. –ab
Submitted to Construction News
Good eats
More than 50 Waukesha-Pearce Industries Houston employees recently volunteered their time at the Houston Food Bank. –ab
The Arch structure at the SH249 Tomball Tollway Mainlanes.
“The rebar drawings for the columns required a full design from the rebar company since the plan drawings were lacking information.” The rebar supplier was able to do a complete model, and suggested terminators at the top of the columns in order to reduce the rebar congestion at the top of the columns. “Webber and our major subcontractors met numerous times to discuss delivery and erection procedures to ensure an efficient operation,” Gjerde said. “There were a few erection issues with some steel bracing, but the new bracing was supplied in a timely manner so as to not slow down the completion date.” Gjerde says Webber had an aggressive schedule to complete the lighting and conduit on the structure to turn it over to the owner. The owner was overall very pleased with the final outcome and the hard work Webber and subcontractors put into building the structure. The Arch structure that spans eight lanes of traffic used for Tomball Tollway Mainlanes is a 207' clear span structure with pipe elements that functions as a toll gantry structure for electronic toll collection system. “With its complex features and aesthetically pleasing look, it invites drivers on Tomball Tollway to continue on the roadway and yet know that it is functioning as a toll structure,” he said. “Aesthetic quality of this structure is apparent during day or at night by using LED lighting and it can be noted from some distance away.” The Toll equipment/IT building follows the slope of the slanted columns for additional look and function. Electrical and communication conduits and toll equipment are located such that the driver does not focus on those but rather is fascinated by the look of the structure, Gjerde said. The structure included four columns approximately 21 ft. tall on a 60 x 81 degree compound angle. This required a
unique forming system and mass placement of concrete. Webber used a forming system that required significant prefabrication, but was less costly than producing special steel forms because they could be reconfigured as needed for each column. This new system is comprised of steel beam, with wooden I-Beam stringers. Wing nuts were used to hold the beams and girders together. A heavy duty plywood was used for the form finish and was durable enough to use twice. A walking scaffold was worked into the forming system than enabled access to the top of the structure. This forming systems cost and time to construct greatly outweighed purchasing specialized steel forms for one time use. “The project was completed on time and without any rework,” Gjerde said. “Due to the complicated construction of the Toll Plaza section, extensive planning with all parties was required. The project team was in constant communication with the owner and all parties involved. This was key in avoiding poor quality and rework.” Basd in The Woodlands, Webber LLC has three main offices with many project sites. The general contractor’s core business is transportation infrastructure (roads and bridges). Champagne-Webber was founded by Wayne Webber and Earl Champagne in 1963. In the early 90`s the company was acquired by Webber and was changed to W.W. Webber Inc. In 2005, the company was acquired by Ferrovial – an infrastructure operator and municipal service company. In 2010, W.W. Webber changed its name to Webber LLC and began expansion into new markets. –ab Key Professional Team: Project Manager: Tony Castilleja Project Engineer: Jason Gerke Project Engineer: Rachael Asthon Project Superintendent: Lamar Braswell
Houston Construction News • Nov 2015
Page 19
A round of applause
B
alfour Beatty Construction comedians performed to a packed house at the Improv Comedy Showcase and Restaurant in late September. This was the Houston Division’s 10th year hosting the Night of Comedy, featuring team members performing stand-up comedy routines. The event originated in 2005 as the brainchild of senior project manager Patrick Stuart Stanley. The event raised more than $76,000 in proceeds benefiting the Memorial Hermann Medical Missions and the Faith in Practice charitable organizations. Balfour Beatty Construction is a commercial construction business. –ab Photos by Tom Flaherty
The Balfour Beatty Construction team gathers on stage.
Revving engines
H
onoring United States veterans, the 5th Annual Guitars N’s Cars took place at the Sam Houston Race Park Oct. 10. Clunn Acoustical Systems and Houston Construction Industry Charities (HCIC) organized the event. The auto show featured a live band, a kid zone, raffle prizes, food and drinks and plenty of cars, bikes and trucks. The event benefitted the US Vets Midtown Terrace. Architects, general contractors, subcontractors and suppliers and their families and friends attended the event. Clunn Acoustical Systems is an acoustical contractor. –ab
L-R: A guest, Lacey Clunn and Mary Cheramie
Greg “Tex” Leggio and Kaleigh Clunn ride a golf cart at the event.
The cars on display at the Sam Houston Race Park parking lot.
Anthony Westbrook, Balfour Beatty Construction, plays the guitar.
David Langhoff, Balfour Beatty Construction, makes the audience laugh.
Submitted to Construction News
Army strong
Before her first deployment, Zully Andrade, stepdaughter of Construction News sales rep Kent Gerstner, receives promotion to Private First Class. A proud soldier in the Army’s 24th Composite Supply Company, Zully specializes in water testing, treatment and purification. –cw
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Houston Construction News • Nov 2015
The forgotten families
Captain Joseph House
A
s she waited at the airport for her son to arrive, thoughts were already going through her mind. From the time she knew he was coming home, the plans began to develop. But this was no ordinary airport or homecoming. Betsy Reed Schultz was at Dover Air Force Base in Delaware waiting for her only child, Captain Joseph William Schultz, to be brought home from Afghanistan. With that knock on the door two days earlier, Betsy had become a Gold Star Mother. How could she honor her son, who lost his life in the service of our country, and at the same time help other Gold Star families who struggle with the same grief she had just come to know? Reesa and I spent time with Betsy at her home in Port Angeles, WA. in July. From her front porch you can see the first Captain Joseph House under construction. Being a Gold Star family ourselves, her vision for the foundation hit close to home. “There have been so many Gold Star families created since 9/11,” said Schultz. These families are sometimes referred to as the forgotten families. After the services, memorials and the first year of activities have come and gone, you try
to go on with your life, but other people don’t remember that missing person anymore. “The Gold Stars continue to feel them, see them and care. They have a broken heart that will always be there and other people don’t see it. It’s different for everyone else. Sometimes it’s easier to let the families slip into the missing. Many times they are a forgotten family,” Schultz says. The Captain Joseph House Foundation is a 501(c)(3) non-profit corporation created to lend support to the 7,000 families of our military’s fallen heroes since the beginning of the Global War on Terrorism on 9/11. The remodel of the 1910 Tudor-style craftsman house is 55 percent complete and plans are being made for the first guests to arrive in 2016. It will be a place for Gold Star families to come and enjoy a peaceful setting. “There are other services for families but nothing quite like this. There certainly isn’t enough recognition and awareness of Gold Star families and the sacrifice their family member has made to provide the livelihood and freedoms that we have,” Schultz says.
The plans include keeping the setting small and intimate for families. “We are serving a much smaller group of families at any one time, unlike other Gold Star programs,” she says. “We will serve no more than three families at one time for the same timeframe Sunday to Friday so they have four full days and a travel day on either side. This gives them the time to bond with the other families who they will have with them throughout this journey.” The one-time visit for the family will be an expense paid five-night, six-day respite/retreat in the scenic Pacific Northwest. While there, each family will also have their own chauffeured van to explore the area. The families will be coming from all over the country and from all branches of the military. Long-range plans are to have four other Captain Joseph Houses around the country. I asked Betsy to tell me what it will mean to her when the first group arrives at the house next year. “The sense of knowing I have created an opportunity for the families,” she explained. “They have to take the risk of coming here and finding out they can
laugh again - they can cry - but they can laugh and have a good time. That takes risk because you have to step out of the life you have now been living. “I think everyone who leaves here is going to leave the Captain Joseph House more peaceful, not just because it made them feel better because they came here, but because of what I was able to give of myself to them. They are not taking away. They are giving a part of themselves. That is the healing. “I will feel like we have given people the step up to move forward in their lives from where they are when they came and when they leave,” concluded Schultz. The days we spent with Betsy were interesting and gratifying. Her endeavor in life is to care for other Gold Stars in a unique way that will help with their healing process. She’s a fast moving dynamo who has defined - and will accomplish her goal. I have no doubt about that. by Buddy Doebbler, Publisher For more information or to help the Captain Joseph House Foundation, check the website at: CaptainJosephHouseFoundation.org.
L-R Betsy Schultz, Reesa Doebbler, Mary Stokes Cort (Gold Star grandmother) and Charles Smith (Captain Joseph House Architect)
Gold Star Banner