Austin Construction News April 2020

Covering the Industry’s News

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Won’t burn the wood

Construction’s Supermen

L-R: Martin Construction LLC partners Thomas Martin and Nathan Martin

In the face of COVID-19, CG Environmental – The Cleaning Guys transform from construction everymen into the industry’s superheroes.

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he decision to not burn bridges years ago proved to be a good one for Thomas Martin. When he decided to shutter his 23-year old company, Martin Construction, in 2014 to work as a sales/operations manager for Builders First Source, he insisted that his new employer do two things. First, they would need to find positions within the company for his nine long-term employees (they did). Second, Thomas pushed his start date out a month and a half so he could finish projects for the numerous builders he was working for.

Thomas then proceeded to work in a series of upwardly mobile roles, first at Builder First Source, then as President of Zbranek & Holt Custom Homes Ltd, and, until six months ago, as General Manager of IPT Supply. But the two-hour commute

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illiam O’Connell AIA was the Department of Health’s first architect before establishing his own architecture firm in 1950. Within 10 years, Austin ISD and famed cardiac surgeon/artificial heart pioneer Dr. Michael DeBakey noticed his work. Both commissioned his firm to create environments to support their unique needs. O’Connell delivered, first with Lucy Read Elementary School and then with an operating room to accommodate open heart surgeries.

O’Connell Robertson’s second namesake, Noel Robertson, came on board in 1978, adding MEP engineering services and becoming the firm’s second president. The work continued to attract notable clients including University of Texas at Austin, Metroplex Health System and Shannon Health System, and the firm answered the increasing workload with a

for his last job gave him a lot of time to think about what he really wanted, and what he really wanted was to go back in business for himself again.

Although Thomas didn’t need a partner, he approached Nathan Martin – no relation – who had worked under him throughout his career, and the two agreed on forming a partnership. Thomas then sent out an email to the builders he had worked with through the first company he owned and let them know he’d be back in business. The response, he found, was overwhelming.

“The email was sent to about 52 builders I used to work for, and about 27 responded right away, saying, ‘Oh my God, if you’re back in business, we’re using you.’ I was flooded that week with continued on Page 14

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he construction industry routinely depends on CG Environmental – Cleaning Guys for soil remediation and as excavation/removal of hazardous materials and fluids from job sites. It’s when circumstances veer from routine, however, that the company transforms from construction’s Clark Kent into its Superman.

CG Environmental – Cleaning Guys first made national news five years ago when the crew was called in to clean the spaces inhabited by Ebola patients Thomas Eric Duncan, Nina Pham and Amber Joy Vinson. At the time, owner Erick McCallum said that although construction work was the company’s “bread and butter,” his team was ready and willing to confront the danger when other companies were not.

The company is again facing a dangerous situation – COVID-19, a newly discovered coronavirus that was first detected in Wuhan, China last year. When COVID-19 reached America, the U.S. Center for Disease Control strongly recommended businesses, facilities and homes be disinfected if contamination was suspected. That is where CG Environmental – Cleaning Guys step in to save the day – and lives. As the virus threatens to spread, more than 50 of the company’s employees in Austin, San Antonio, Houston, Fort Worth and Denver, CO help mitigate it. McCallum’s team is trained to clean, contain and dispose of virtually all dangerous chemicals and biological toxins.

Demand for the company’s services continued on Page 14

Seventy years of service second location in San Antonio in 2000.

Rick Burnight AIA became the firm’s third president in 2004 and has continued to lead the firm in designing education and medical environments. Highlights under his leadership include Seton’s Breckenridge Hospital Emergency Department, Jarrell Elementary School, Texas Center for Infectious Disease, Austin Community College, and Round Rock ISD. Overall, the firm has completed more than 1,500 projects, ranging from small renovations to new multi-million dollar facilities.

Helping Burnight lead in the firm’s Austin headquarters are President/CEO Amy Jones, and COO/Co-CEO Kim Cochran CCCA; Chris Narendorf LEED AP serves as Director of the firm’s San Antonio office. Architecture, interior design, engineering, LEED/sustainable L-R: O’Connell Robertson’s Kim Cochran, Amy Jones and Rick Burnight

continued on Page 14

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Austin Construction News • APRIL 2020

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Meat and greet

ogers-O’Brien showed off their great taste at Rodeo Austin Mar. 6-7. The RO prime team cooked barbecue for event attendees, with help from the team’s construction-related sponsors United Rentals, JC Commercial Services, Builders Carpet and Design Center and Weifeld Group Contracting. While the secret might be in their sauce, the secret is out about their barbecuing skills. –mjm

Sweet Freedom

L-R: Freedom Solar’s Adrian Buck, Bret Biggart, Kyle Frazier, Meredith Jarrett, and Chad Preece

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hen Freedom Solar founder Adrian Buck started his journey as a solar pioneer, he worked project-to-project, installing solar panels for Central Texas homeowners. Thirteen years later, his company provides alternative energy to not only thousands of residential customers, but hundreds of commercial solar power clients throughout Texas.

Texas’ longest existing solar power provider also just celebrated its most successful year, mostly due to more homeowners and corporations going solar. In 2019, Freedom Solar’s revenue grew by 75% to nearly $50 million and it completed 1,288 commercial and residential installations – a total of 13.69 megawatts of solar power.

Freedom Solar’s services expanded to include off-grid solar, ground-mount solar energy systems, solar carports, and solar panels on metal, tile and flat roofs.

Buck took on the role as Chief Installation Officer, and his management team now consists of CEO Bret Biggart, Chief Revenue Officer Kyle Frazier, Chief Administrative Officer Meredith Jarrett and COO Chad Preece. The team

oversees more than 160 employees in Freedom Solar’s Austin headquarters and offices in Bee Cave, San Antonio, Houston and Irving.

Freedom Solar’s clients include Whole Foods, the University of Texas, Office Depot and in 2014, it teamed up with authorized dealer SunPower.

“The shift toward solar energy just keeps building in both the residential and business markets,” said Biggart.

“More Texans than ever before are discovering that clean, reliable power sourced directly from the Lone Star State’s abundant sunshine is an affordable way to take control of their energy costs now and in the future.

“We are extremely grateful for the success we have achieved over the past 13 years and fully expect it to continue and accelerate. We will continue using the finest SunPower solar products; hiring the brightest, most highly trained employees; and providing the highest level of customer service available in the solar industry.”

Freedom Solar is a turnkey solar energy provider in Texas. –mjm

Austin Construction News • APRIL 2020

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ABC National Safety & Health Committee Recommended Best Practices Jobsite-specific Information COVID-19

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he ABC National Safety Committee created a list of practical things jobsite leaders should be mindful of during the coronavirus outbreak.

Recommendations include: Employee Education • Provide training for supervisors, employees and other key personnel to recognize signs and symptoms of COVID-19, as specific by the CDC • Humanize the virus by asking supervisors to greet employees at the gate or jobsite entry point • Schedule daily toolbox talks to communicate news concerning the virus/project, etc. and to visually assess your crew’s health • During toolbox talks, remind employees to keep 3-6 inches of person-

al space • Review, update and communicate your “fit for duty” policy, including the requirement to provide a return to work pass if seen by a physician Personal Protective • Personal protective equipment should be assigned to an individual, not shared among groups • Glove technology has advanced extensively in recent years. Companies should consider a 100% glove use policy.

• Wipe down all tools before storing or at the end of every shift For additional information, refer to CDC’s resources on the coronavirus

disease.

SHUTTING DOWN CONSTRUCTION PROJECTS IS AN UNNECESSARY STEP, WILL HARM ECONOMY & UNDERMINE RECOVERY EFFORTS, CONSTRUCTION OFFICIALS SAY Construction firms are already taking steps to protect employees, most of whom already wear protective equipment, while halting work will undermine efforts to add hospital capacity The chief executive officer of the Associated General Contractors of America, Stephen E. Sandherr, issued the following statement in reaction to steps being taken to put in place arbitrary halts to construction activity in certain parts of the country: “Halting construction activity will do more harm than good for construction workers, community residents and the economy. Construction firms are already acting to ensure the safety and health of their employees in the face of the coronavirus outbreak. These new measures, which include increased hygiene and halting group gathering of staff, are in addition to the fact construction workers already wear protective equipment, including gloves that will help protect them and their co-workers.

“Given the precautions already in place, halting construction will do little to protect the health and safety of construction workers. But it will go a long way in undermining economic vitality by depriving millions of workers of the wages they will need over the coming days. At the same time, these measures have the potential to bankrupt many construction firms who have contractual obligations to stay on schedule or risk incurring significant penalties.

“In addition, halting construction projects will undermine ongoing, and future, recovery efforts in regions hit by natural disasters, and will also undermine any future efforts to expand hospital capacity.

“We understand the need for social distancing to help slow the spread of coronavirus. But needlessly shutting down projects where workers are already protected will not help. Instead it will threaten the livelihood of millions of craft professionals, force many small and family-owned businesses to shut down, and undermine the nation’s ability to respond to natural disasters, including the coronavirus.

As luck would have it

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klpcommercial.com, Nathali and Karen count themselves lucky to have recently opened a new office in San Marcos. The new branch is the latest addition to their fleet of Texas stores located in Manor, Fort Worth, Houston, and Rosebud and locations in Texarkana, AR and Torrance, CA.

KLP Construction Supply is a distributor of construction and industrial material and equipment. –mjm

f luck is preparation meeting opportunity, as they say, then KLP Construction Supply‘s founders and co-owners Nathali Parker and Karen Parker Roger are lucky indeed. For years, the sisters have been working on an online store for KLP, which distributes construc-tion and industrial material and equip-ment for heavy highway and civil projects, utility and energy companies, water and wastewater infrastructure, and electrical and mechanical, as well as offering asphalt and concrete additives. The Parkers rolled out the site last month – just in time for those sheltered in place due to

See sawing

Nathali Parker (center, in pink) and Karen Parker Roger (center, in black) and KLP team members

KLP’s Karen Parker Roger and Nathali Parker

COVID-19 to do some online shopping.

“I think people are going to start doing home repairs now that they have some time, and we have things to repair driveways, backyards and get ready for spring and summer,” Nathali says. “We

In addition to a new online store, KLP recently opened a new location in San Marcos

have a waterproofing concrete line and a sealant. If your pool is cracking and leaking, we have products you can install yourself or you can get your handyman to do it. If you can’t work or must work from home, let’s get your house and backyard in order so you can enjoy it!

Plus, it supports the construction industry, which is a really big deal.”

Just getting the online store ready to launch was a really big deal.

“It’s not an easy thing to do, getting a manufacturer to trust you that you’re going to get the product out, sell it, and ensure quality control and quality of installation with your contractors,” Nathali says. “We’ve worked really hard to get all of that into place. We have inventory stocked of such great products that are so easy to apply. We can help with trouble shooting and we have all of the health and safety precautions measured for everybody.”

In addition to the online store at

The Demo Company’s Luis Montes is ready for his close up – and his saw cutting! Superintendent Abel Gallegos recently snapped this action shot of his colleague saw cutting HVAC roof penetrations. Both were completing work on the Austin Energy Downtown chiller capacity addition. –mjm

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Austin Construction News • APRIL 2020

Linda Parks

Owner LWi Custom Cabinets Austin, Texas

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wo decades ago, Linda Parks transformed from working as an electrical engineer to becoming an entrepreneur. She parlayed her love of finishing furniture in her garage into LWi Custom Cabinets, a premier cabinet builder in Austin. Even after so many years in the business, Parks still feels a thrill when she turns wood into great work.

Share about your background.

I was born in Detroit and I grew up in the Michigan area until I was 21. During that time, I had a small business; I was a puppeteer. I did children’s entertainment since before I was 16, until I left the Michigan area. It was not only fun, but put me through college.

I received a degree in Electrical Engineering from the University of Michigan and was recruited down to Texas, where I worked for Motorola and Advanced Micro Devices for many years. My grandfather was a mechanical engineer for Ford Motor Company, and I’m sure that had a lot to do with my orientation toward mathematical [interests]. Math was always my favorite subject as a child.

How did you make the switch from electrical engineering to cabinetry?

After I had my third child, I decided it was time to become a stay-at-home mom and raise my children. After my youngest was in kindergarten, I had more time to spare, but decided I did not want to go back to the engineering field; after being out of that field for so long, I felt obsolete as things change so quickly. I wanted to be home for my children when school let out and I wanted to do something on my own.

As a hobby, I had been refinishing furniture and building small things in my

In memoriam…

garage as that had always intrigued me. I decided to take that path and see where it would lead. I started working out of my garage by refinishing furniture for friends, family and local people. I did that for about a year or so – it kept me quite busy actually – and then one day, a friend of a friend called me, they had an entire dining room suite that they wanted redone. That’s when it occurred to me that this could be a bigger thing than I thought. Around 2001, I started looking for a building, I found my current location and moved in, started advertising and taking new orders. It grew exponentially.

I am still in that location, although I have expanded the site adding much needed square footage as the business expanded.

Did your plans unfold as expected during those early years?

I don’t know that I had any expectations at first because my business plan was small and [I intended] to do it myself while my kids were at school for the first couple of years. As I grew it, I increased my plans. I believe that we only regret the chances we don’t take, and this philosophy led me to start finish work for other cabinet builders. Eventually this led to the formation of my custom cabinet shop. I used the “ready-fire-then-aim” approach at first. The work was hard, but it paid off and the cabinet jobs started rolling in.

What has been your biggest challenge throughout the years?

The biggest challenge – and I think it’s true across the skilled labor trade across the country – is hiring and finding skilled labor. It has been really difficult in the last 10 years. Schools do not have vocational training anymore; I think that’s very sad. Everything is geared towards being a professional. I was a professional as an electrical engineer who went to college but finding any skilled labor has been a huge challenge in the last 10 years of running this business.

Has being a woman business owner in the construction industry been challenging?

I think everyone has been pretty welcoming and accommodating. Every once in a while, I’ll get someone who raises an eyebrow at a woman owning a woodworking shop, but very rarely. I didn’t have any issues working with people. I was very honored in 2018 to receive a bronze Stevie award for Women in Business. In 2019, I also was honored to be named in the Austin Business Journal Woman owned company list. Also in 2018, I received the SBA “Person of the Year” award.

What are the most important lessons you have learned on this journey?

I have learned so many lessons! Hard work is really hard. Things don’t just happen. Sometimes you have stuff to do that you don’t like to do, but you just have to do it. I’ve also learned that we all make mistakes, and that’s okay. I’ve

LWi Custom Cabinets’ Linda Parks

learned that sometimes the customers are wrong, but even when they are wrong, they are right! My husband is a great businessman and has taught me a lot about business over the years. He has been a huge supporter of me and LWi. I actually wrote a book titled “You Can’t Make This Stuff Up.” It’s not for the general public; I really wrote it for my kids. It’s about 150 pages or so of funny stories, how I started, and things I’ve learned. It’s just about what happens in business, everything that can go wrong and how you take care of it. It has all of those little lessons in life.

What do you enjoy most about your work?

I don’t do as much physical work as I used to; in the beginning, I was physically building the cabinets and doing a lot of finish work. But I enjoy the whole process.

You start with raw goods and you create something out of it. You have a raw sheet of plywood and when you’re done, it’s somebody’s cabinet or somebody‘s kitchen that they live in every day. I’ve created something beautiful. I know that’s cliché, but I enjoy that a lot.

What are your favorite projects?

I think my favorite projects involve doing the unusual, only because I’ve been doing this for 20 years. Obviously, every customer wants standard white Shaker cabinets, but I enjoy it when I get a customer who wants something unique. We’ve done river tables for people as well as dining room tables and raw edge wood countertops. We’ve even taken an old front door and turned it into cabinets. When someone comes to me with that unique project, that is not just your standard boxes on the wall, that is what is really fun. Or, even if someone wants a unique-style door with fluting and onlayed wood, or a unique finish on their cabinets that just adds a little bit of fun twist to it because it’s different.

Austin

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orkman Commercial and the construction industry mourns the loss of Ben Cureton, president and CEO of Workman Commercial.

Cureton passed away on Feb. 21.

A devoted husband and father of two young children, Cureton, who started with Workman Commercial in 2005 as Systems Administrator, went on to purchase Workman Commercial in 2013 from the Workman family. His love for family was resonated in everything he did. He instilled a family atmosphere at Workman Commercial and will be missed by all. -cmw

What’s the current status of LWi? We are known in the Austin area as one of the premier cabinet builders. We are exclusively a custom cabinet manufacturer now. We’re working with a lot of builders. LWi is a member of the CBUSA program, the high-end builders in the Austin and surrounding area. We’re always busy.

What do you enjoy in your free time?

My main hobby is being an acrylic artist. I enjoy it because cabinetry takes weeks and weeks to build and I can paint a painting in a day or a couple of days. I enjoy that I have a start and a finish point that isn’t four or five weeks! I’m in a couple of galleries and do art shows and commissioned pieces. I have a lot of fun doing that.

My husband and I have been to Europe many times. We try once a year to take a big vacation and go out to Napa; we are wine lovers.

My husband is big into Porsches and racing so we spend lot of time doing Porsche events together. He just bought another racecar, so that’s exciting.

What are your future plans for LWi?

The company is continuing to grow.

We have lots of high-end builders that we work with and we’re continuing in that way as well as remodel work; I see the company growing. I don’t know if I will be at the main helm in five years, but the company is strong. I see it continuing to grow, maybe not exponentially but a slow curve and continue to do what it’s doing as it grows.

I’ve had two of my sons work for me in the past; I currently have one son, Dakota, who works for me. He loves it and we love having him there. I would love for him to take on more responsibility in the company and for the business to stay in the family.

LWi Custom Cabinets offers cabinet design, building and installation. –mjm

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Bobcat of Austin’s new den

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fter many, many years of being located on the I-35 corridor of Austin, Bobcat of Austin has a new home. The decision to relocate was simple.

“We just completely outgrew it.

We had long out grown the old facility in relation to sales, parts, service, rental and every aspect of the business.

We needed more opportunity for inventory, staffing and so forth,” says Branch Manager Brian Kuempel.

Bobcat of Austin, which is now on 3.5 acres of land, officially opened in Dec. 2019. The new 21,000-sf facility is equipped with large overhead cranes, reconfigured bays, service shop and office space. “We took into

consideration the prospect of future growth,” Kuempel adds. “Our wash bay is probably six times the size of our old facility.”

Located next door to sister company, Vermeer Equipment of Texas, it has an incredible access with Roundville Lane in the back and SH 45 in the front. “Access to the toll road is super simple. If you want to go east bound you, just pop right out onto the access road. If you want to go west bound, you go out the back exit to Roundville Lane and down A.W. Grimes Blvd.”

Bobcat of Austin hosted a grand opening with a catered lunch on Feb. 28. -cmw Bobcat of Austin, new location, 2001 Louis Henna Blvd., Round Rock, TX

Doggedly working

Industry FOLKS Kalee Foster Office Management Doug’s Plumbing Co Smithville, TX

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Joel Spearman bought huo’s Barkitecture Austin entry “K-9 to 5” in time to work from home. Olde English Bulldog “Austin” approves.

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ith more people working from home due to COVID-19 mandates, pets are having to keep track of their humans more as well. Ahead-of-thecurve firm hatch + ulland owen architects (huo) makes a dog’s job easier with its “K-9 to 5” desk/doghouse design, which it entered in last October’s Barkitecture Austin competition.

Ideas gathered through an office-wide charette were brought to life with the help of huo partner Randall Owen AIA LEED, project manager Adam Levet, Interior Designer Meredith Owen of Meredith Owen Interiors, NatCo Woodworks’ Nathan Garrett and Black Sheep Unique’s Damien Clark. The goal was to create a sit/ stand desk featuring a semi-enclosed space where dogs can relax as their people work.

Garrett’s dog was used as the model for the space, and the supplies were bought through Amazon. Although it was huo’s fourth entry in the annual competition, it was the first time entries were up for bid on eBay. Owen says the team watched the bidding escalate as the clock counted down.

The lucky winner knows good design when he sees it – he also happens to be an architect. When Joel Spearman bought the desk, he had just relocated to Austin.

Although he didn’t have a dog at the time, he did have a new home. He has since moved the desk/doghouse into his home office and is fostering an Olde English Bulldog named, appropriately, “Austin.”

It looks like Spearman bought “K-9 to 5” just in time. He can now work from home and Austin can keep tabs on him.

hatch+ulland owen architects is in Austin. –mjm

hen Kalee Foster walks through her front door every evening with her husband Zach Strickland, all talk about work is literally left at the door.

She’s just following advice boss Doug BerryAnn offered when she started at Doug’s Plumbing Co, which also employs Zach.

“Zach and I work together and constantly ride together,” she explains.

“There’s no talking about work once we get home, and that was something that Doug advised us in the beginning. He said if we opened that door then we would talk about work all of the time.

There are things that have to be addressed after hours but we’re pretty good about keeping things separate.”

If she did talk about work at home, it would be high praise. Foster loves her office management role at the company.

She and Zach met BerryAnn through Foster’s dad, who is a carpenter. Zach came on board first in 2014. Foster, who was a 19-year old high school grad, quickly followed suit when BerryAnn needed someone to answer calls.

“I didn’t have too much life experience when I started on,” she remembers. “Thankfully, I found Doug’s and was comfortable here. It definitely helped me grow as a person and find my voice and learn what I needed to do in this industry to make everything work out the way that it needed to.”

Five years later, Foster says she does “a little bit of everything now” and has created her role within the company.

“My main role is customer service representative, scheduling, dispatching, giving people comfort when they have

a plumbing emergency. For a new customer, I’m kind of the first interaction they have, and it can really set the tone.

Most people tell me I’m a pretty positive first experience with the company, even though they usually have some flooding out or sewage backing up.

“I have learned more about people and their personalities than I ever thought possible,” she adds. “I definitely encounter every kind of person that there is in this line of work. It’s helped me manage not only my professional relationships but my personal relationships just on that alone.”

Austin-born and Bastrop-raised, Foster makes her home in Paige. She spends her free time with her parents and her niece, listening to music and painting.

“I’m still learning my abilities but right now I paint landscapes and whatever comes to mind, and I just hope to finish it!” she says. “I’ve always been drawn to it; in school I was actually more interested in ceramics, and that kind of started my passion.”

Foster is still learning her abilities at Doug’s Plumbing Co as well.

“I would like to continue to be surprised by Doug’s Plumbing,” she says. “I didn’t expect to grow into the position that I’m in now. Doug continuously creates opportunities for me to advance and to learn more about the business side of it, as well as about myself and what I can do to benefit and help the company as well.” -mjm

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Austin Construction News • APRIL 2020

Glass is in session

Anchor-Ventana’s Felix Munson (second from right) signs the U.S. Department of Labor Registered Apprenticeship Program Standards

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he construction labor force is experiencing a shortage of skilled professionals, and the industry’s commercial glazing component is no exception. That’s why Anchor-Ventana Glass recently launched the first Commercial Glazing Registered Apprenticeship Program in Texas.

The 43-year-old company employs more than 100 workers and offers fullservice commercial and residential glass design and installation through its Round Rock office and showroom. AnchorVentana is the only glass contractor in the state to hold a North American Contractor Certification, as well as have the first four Architectural Glass and Metal Technician Certified Glazers in Texas on their field installation team. The company’s goal through the apprenticeship is to ensure a more consistent workforce training in commercial glazing.

With the program, employers provide on-the-job training for the apprentices they hire, with the instruction being tied to the attainment of national

skills standards. As they shift from handson work to full-time employment, apprentices will also see their skills and wages increase. The Department of Labor’s data shows that 94 percent of apprentices find employment in their selected industry after successfully completing their apprenticeship.

To celebrate the new program, a signing day ceremony was hosted Jan. 7.

by Workforce Solutions Rural Capital Area, the U.S. Department of Labor (DOL), the Texas Workforce Commission, Williamson County, the City of Round Rock and the Round Rock Chamber. At the event, AnchorVentana Glass owner and president Felix Munson signed the DOL’s Registered Apprenticeship Program Standards.

“Our apprenticeship program is critical to the glazing industry in the state of Texas by providing a path for long term employment in this skilled trade,” says Regina Munson, Anchor-Ventana Glass’ Director of Business Development.

Glass contractor Anchor-Ventana Glass is in Round Rock. –mjm

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The future in construction

he National Association of Women in Construction (NAWIC) hosted their 2020 Block Kids event. Twenty-eight girls participated in the event with their partner, the Girl Scouts of Central Texas (GSCTX). The grand prize-winning design was a multi-use building designed and built by second grader Cassie Jimenez. Cassie’s building included a rocket launching pad, an exterior elevator, a pool, hot tub, nap pods, food court and a gravity-defying sidewalk around the building.

Additionally, NAWIC Austin would like to extend their gratitude to all the volunteers that helped with a special thanks to Stevie Morrison, Jana McCann and Hannah Floyd for going above and beyond to ensure the 2020 Block Kids event ran smoothly. -cmw

2020 Block Kids grand prize winner.

2020 Block Kids winners group photo.

Austin Construction News • APRIL 2020

Page 7

Coronavirus Help: Federal Tax Relief and Loans

Insurance Coverage in the Crazy Times of Coronavirus John Schuler President Time Insurance Agency Austin/San Antonio, TX

Steven Bankler, Owner Steven Bankler, CPA, Ltd. San Antonio, TX

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he coronavirus pandemic has turned the construction industry on its side. As the federal government scrambles to provide relief, a few tax and small business provisions have started to appear that can relieve some of the financial burdens you may be experiencing. Here’s a roundup: Tax deadline extensions The Treasury Department and IRS have officially announced the federal income tax filing and payment due date is extended from April 15, 2020, to July 15, 2020.

Included in this extension are all federal taxes that are usually due on April 15, which include annual individual income taxes, corporate taxes, fiduciary taxes, and gift taxes, as well as first-quarter estimated income taxes (but not secondquarter estimated income taxes due June 15) and foreign bank and financial account reports (FBAR).

Taxpayers can defer both federal income tax filing and payments due during this time without penalties and interest, regardless of the amount owed. This deferment applies to all taxpayers, including individuals, trusts and estates, corporations, and other non-corporate tax filers as well as those who pay self-employment tax.

However, the IRS is still issuing tax refunds during this time. Accounting firms like ours are also hard at work during this time, taking the information you provide us and forming smart tax strategies, so don’t delay just because you can. The more time you allow for careful planning, the better off you’ll be.

It’s also important to understand that this extension may not include state and local tax deadlines. Each jurisdiction is handling those taxes independently.

While several states are following the federal announcement regarding the filing and payment of personal and business income taxes, you should confirm the deadlines with each state in which you file a return.

For instance, the Texas Comptroller has not yet adjusted monthly sales tax deadlines. But if you’re unable to pay, some assistance in the form of short-term payment agreements and waivers of penalties and interest may be available if you contact them through their Enforcement Hotline at 800-252-8880.

Additional federal tax relief

The IRS unveiled what it calls its People First Initiative to provide immediate assistance (through July 15) to individuals and businesses facing uncertainty over taxes. The relief temporarily covers taxpayers who were already facing IRS actions, including those with: • Existing installment agreements. Payments may be suspended until July 15.

• Offers in Compromise (OICs), now with extra time provided to file applications, make payments, and file returns.

• Most new field and automated collection actions such as liens and levies (including personal residence seizures) unless they involve significant non-filing debts.

• Newly delinquent accounts that face private debt collection.

• In-person meetings scheduled for field, office, and correspondence audits (although remote correspondence may continue).

• Notice of deficiencies that aren’t about to expire in 2020. (Note that deficiencies facing statutes of limitations in 2020 could still be pursued during this time.)

The list goes on, so if you’ve already

been faced with IRS actions and want to know if your payments or penalties have been temporarily reduced, consult your tax advisor.

The IRS also recommends taxpayers take this time to address any unfiled taxes for years prior to 2019. Why? More than 1 million households that haven’t filed tax returns during the last three years are owed refunds. For some, the time to receive those refunds is running out. Those with a tax liability, says the IRS, should consider taking the opportunity to resolve any outstanding debts by entering into an installment agreement or an OIC while relief measures are in place.

IRS will also be using the data on these returns to compute and pay the soon-tobe-enacted rebate program in which each taxpayer will receive $1,200 if their adjusted gross income is $75,000 ($150,000 if married) or less. In addition, they could also receive an extra $500 per eligible child.

Small business loans

Congress and the U.S. Small Business Administration (SBA) have been hard at work preparing to deliver small business loans for those affected by the coronavirus pandemic. Billions of dollars are expected to fund SBA extended loans, subsidies, and additional resources.

As of this writing, the SBA plans to work directly with state governors to provide targeted, low-interest loans to small businesses that have been severely impacted by COVID-19. The primary vehicle for this help is expected to be the SBA’s Economic Injury Disaster Loan (EIDL) program, which already provides small businesses with working capital loans of up to $2 million.

For business owners who need a smaller amount of assistance more urgently, SBA Express Bridge Loans are available. These loans allow small businesses to access up to $25,000 to help overcome a temporary loss of revenue, particularly while waiting for a larger EIDL to be disbursed.

More guidance and details about the SBA’s newly expanded loan program will be finalized this month, so keep an eye on sba.gov for the latest.

With non-essential job sites being shut down, supply chains being disrupted, and projects being put on hold, the full economic fallout of the coronavirus pandemic has yet to materialize. In the meantime, take advantage of the tax and financial relief being offered, but don’t put down your guard. Now’s the time to evaluate your tax and business strategies to weather the storm and prepare for the future.

Steven Bankler has more than 43 years of experience in the accounting industry.

Steven’s expertise lies in consulting, planning, tax, and asset protection as well as exit strategy services for closely held businesses. He also provides litigation support (both as a testifying expert witness and a consulting expert), business negotiations and estate planning. Visit www.bankler.com for additional tax strategy tips and to learn more about Steven Bankler, CPA, Ltd.

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ith the coronavirus disrupting businesses there likely will be an increase in insurance claims against insurance policies offering business interruption. Two schools of thought have emerged on business interruption insurance coverage for coronavirus, either (a) shift the risk of coronavirus revenue losses to insurance carriers or (b) there is no possible coverage for losses caused by coronavirus.

As with most things in life and insurance, the truth lies somewhere in between and whether the claims are covered will depend on the terms and conditions of the insurance policy. But from what we have seen so far coronavirus is probably not covered in business interruption insurance and here is why.

Business interruption insurance goes into effect when there is “direct physical loss or damage to property” and the “loss or damage must be caused by or results from a Covered Cause of Loss”. Since coronavirus does not cause property damage, business income coverage does not respond. Even if coronavirus was considered property damage, business income would not respond due to the 72-hour waiting period “deductible”.

Based off of what scientists have said the virus can live only for a short period of time, and most offices can be disinfected in one day.

Along with Coronavirus not causing physical damage, almost all business interruption policies have pollutants exclusions. Coronavirus is a biological “contaminant” which is a subcategory of a “pollutant”. To remove all doubt, in 2006 the Insurance Services Office, Inc. (ISO) released the CP 01 40- Exclusion of Loss Due to Virus or Bacteria which specifically excludes loss resulting from a Virus.

The policy states that the presence of viruses was NEVER intended to be covered due to the pollution exclusion.

To further complicate matters (though potentially advantageous to policyholders), some legislators are actively working to broaden coverage and ensure that policies provide some protection to insureds in these difficult times. For example, a bipartisan group of 18 members of the U.S. House of Representatives have requested that insurers cover business interruption losses caused by coronavirus.The only hope business’s in Texas have on collecting a business interruption payout is if the State gets involved. State lawmakers in New York and New Jersey have already acted.

In short, your policy may not be similar to any other policy; your jurisdiction and the interpretation of your insurance policy is not universal; and the landscape for coverage may be broadening by actions of federal and state legislators. With that said, you can and should take some action now even if the outcome remains unclear.

Begin reviewing your policy or have

a trusted coverage lawyer or third party review your policy to determine how your policy may apply to coronavirus losses. Begin documenting the lost revenue and increased expenses that you have incurred.

If you believe you have a business interruption claim you should notify your insurance company of the loss in a timely fashion and remember that your agent can not make a coverage determination. Your insurance policy is between you (the name insured) and the insurance carrier. Only the carrier has the right to deny coverage.

Health insurance will be another sector that will be impacted in the insurance industry. On March 18th, President Trump signed a bill that requires most private health insurance companies to waive all out of pocket costs for coronavirus testing. The Trump administration also designated the new coronavirus test as an essential health benefit, saying Medicaid and Medicare plans would cover the cost of the screening. Still, many Americans who want to be tested and may need treatment may be wondering who will pay for the cost.

The good news is all major health plans should cover this new virus just like they would the flu, pneumonia or any other illness. At this time, most all large health insurance companies have waived co-pays for testing related to coronavirus that meet the CDC guidelines. However, there are differences in what costs may be incurred by patients depending on the type of their plan, its coverage and insurance carrier. We may see more government action regarding benefits paid under the health insurance plans as times continue to be crazy!

John Schuler is the president of Time Insurance Agency. Time Insurance is a locally owned second generation Insurance Agency serving Central Texas since 1961. John has over 35 years experience in both insurance and surety bonds. Finding the right insurance policy doesn’t have to be complicated. Visit our website www.timeinsurance.com for more information or purchase a bond online in seconds at www.onlinebond.com

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Austin Construction News • APRIL 2020

Safety First: Appealing Arbitration Awards in Construction Litigation

Preparing for COVID-19 Joann Natarajan Compliance Assistance Specialist OSHA Austin, TX

Roger D. Townsend, Principal Head of Appeals and Legal Issues Group Cokinos|Young Austin, San Antonio, DFW, Houston, TX

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any, maybe most, construction contracts contain an agreement to arbitrate any disputes. But horrible things can happen at arbitration; just read the decision in Forest Oil Corp. v. El Rucio Land & Cattle Co., Inc., 518 S.W.3d 422 (Tex. 2017).

That arbitration award—upheld all the way through the Texas Supreme Court—required Forest to clean up land it never operated on, to pay the costs of that remediation, to pay the diminished value of the land as if it were not cleaned up, to pay a plaintiff damages for fear of cancer (a non-existent tort), and to pay punitive damages when Texas law forbade them. On top of that—or perhaps below—was a ridiculous reading of the record that prompted arbitrator Daryl Bristow to write a 40-page dissent. He concluded: Arbitration proceedings as a vehicle to dispute resolution have steadily declined in favor. The Majority Award is a poster child for why. If there were ever a time and good reason for the Texas court system to take a hand to control an undertaking to exercise unbridled discretion that defies Rule of Law, this is that time and this is good reason.

His desperate plea nevertheless fell like a tree in an empty forest: No one heard it.

Challenging arbitration awards has always been difficult, but in recent years has become almost impossible. Both FAA and TAA arbitrations limit the available grounds for vacatur to those listed in their respective statutes. Generally, these include corruption of an arbitrator, bias of a neutral arbitrator, and a few procedural irregularities. There also is a ground based on the arbitrators exceeding their powers. See 9 U.S.C. § 10(a); Tex. Civ. Prac. & Rem. Code § 171.088(a).

The ground about exceeding powers does not ensure that arbitrators follow the governing law. This ground has recently been limited to the arbitrators’ deciding an issue they were not empowered to decide under the arbitration agreement. It does not mean a mistake, grave error, or rendition of even a completely impermissible award under existing law. Under the FAA, courts may never correct arbitrators’ mistakes, their grave errors, or their “bad[] or ugly” awards. Oxford Health Plans LLC v. Sutter, 569 U.S. 564, 571-73 (2013).

Texas feels the same way: The statutory text could not be plainer: the trial court “shall confirm” an award unless vacatur is required under one of the enumerated grounds . . . . [T]he TAA leaves no room for courts to expand on those grounds, which do not include an arbitrator’s manifest disregard of the law.

Hoskins v. Hoskins, 497 S.W.3d 490, 494 (Tex. 2016). To drive the point home, the supreme court later added: “In determining whether an arbitrator has exceeded his authority, the proper inquiry is not whether the arbitrator decided an issue correctly, but rather, whether he had the authority to decide the issue at all.” Forest Oil, 518 S.W.3d at 431.

Absent the statutory grounds, what can a dissatisfied party do? On the one hand, the United States Supreme Court has prohibited parties even from agreeing under the FAA to any other grounds for vacatur. See Hall Street Assocs., L.L.C. v.

Mattel, Inc., 552 U.S. 576 (2008) (the FAA statutory grounds are exclusive and cannot be enlarged even by contractual agreement of the parties).

On the other hand, after correctly observing that Hall Street had overlooked a key statutory provision mandating a different outcome, the Texas Supreme Court does permit parties to agree under the TAA to expand the statutory grounds, and thus allow appellate review for errors in the arbitration award. See Nafta Traders, Inc. v. Quinn, 339 S.W.3d 84 (Tex. 2011).

But this welcomed contractual expansion allowing for appellate review has subsequently been read in an extremely limited fashion. The parties’ contract must essentially state that the arbitrators have no power to render certain types of awards, so that they fall within the statutory ground of “exceeds powers.”

Usually this requires the contract to state that they “have no power” of “lack authority” to commit reversible errors: “The arbitrator does not have authority (i) to render a decision which contains a reversible error of state or federal law, or (ii) to apply a cause of action or remedy not expressly provided for under existing state or federal law.” Id. at 88. For parties wanting some protection from an arbitration award that goes haywire, this contractual option under the TAA can be essential.

One other potential appellate remedy remains. And, because this appeal remains outside the court system, it can potentially apply to both the TAA and FAA. The American Arbitration Association has drafted Optional Appellate Rules that parties can include in their contracts.1 If the parties include the AAA Optional Appellate Rules, then there is a right of appeal (and cross-appeal) to an appellate arbitration panel. Rule A-10 explains that “A party may appeal on the grounds that the Underlying Award is based upon: (1) an error of law that is material and prejudicial; or (2) determinations of fact that are clearly erroneous.”

One benefit of the AAA system is that remands for a do-over are forbidden.

In other words, the appellate panel will either adopt the underlying award or substitute its own award. Once a decision is made, it’s over. While only time will tell how meaningful that appellate remedy before other arbitrators may prove to be, it does provide some protection against a rogue result.

So we encourage you to consider including in your construction agreements either the AAA Optional Appellate Rules or the TAA contractual right of appellate review allowed by Nafta Traders. It’s your only line of defense in case of a Forest Oil result or an arbitrator who goes insane.

1

https://adr.org/sites/default/files/AAA-

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f one does not already exist, develop an infectious disease preparedness and response plan that can help guide protective actions against COVID-19.

Plans should consider and address the level(s) of risk associated with various worksites and job tasks workers perform at those sites. Such considerations may include where, how, and to what sources of SARS-CoV-2 might workers be exposed, including the general public, customers, and coworkers; and sick individuals or those at particularly high risk of infection (e.g., international travelers who have visited locations with widespread sustained (ongoing) COVID-19 transmission, healthcare workers who have had unprotected exposures to people known to have, or suspected of having, COVID-19).

For most employers, protecting workers will depend on emphasizing basic infection prevention measures. As appropriate, all employers should implement good hygiene and infection control practices, including: Promote frequent and thorough hand washing, including by providing workers, customers, and worksite visitors with a place to wash their hands. If soap and running water are not immediately available, provide alcohol-based hand rubs containing at least 60% alcohol.

• Encourage workers to stay home if they are sick.

• Encourage respiratory etiquette, including covering coughs and sneezes.

• Provide customers and the public with tissues and trash receptacles.

• Employers should explore whether they can establish policies and practices, such as flexible worksites (e.g., telecommuting) and flexible work hours (e.g., staggered shifts), to increase the physical distance among employees and between employees and others if state and local health authorities recommend the use of

social distancing strategies.

• Discourage workers from using other workers’ phones, desks, offices, or other work tools and equipment, when possible.

• Maintain regular housekeeping practices, including routine cleaning and disinfecting of surfaces, equipment, and other elements of the work environment.

When choosing cleaning chemicals, employers should consult information on Environmental Protection Agency (EPA)approved disinfectant labels with claims against emerging viral pathogens. Products with EPA-approved emerging viral pathogens claims are expected to be effective against SARS-CoV-2 based on data for harder to kill viruses. Follow the manufacturer’s instructions for use of all cleaning and disinfection products (e.g., concentration, application method and contact time, PPE).

Develop Policies and Procedures for Prompt Identification and Isolation of Sick People, if Appropriate • Prompt identification and isolation of potentially infectious individuals is a critical step in protecting workers, customers, visitors, and others at a worksite.

• Employers should inform and encourage employees to self-monitor for signs and symptoms of COVID-19 if they suspect possible exposure.

• Employers should develop policies and procedures for employees to report when they are sick or experiencing symptoms of COVID-19.

The OSHA COVID-19 webpage offers information specifically for workers and employers: www.osha.gov/covid-19 natarajan.joann@dol.gov 512-374-0271 x232

Meeting with a mission

IDCR _Optional_ Appellate_ Arbitration_ Rules.pdf

Roger Townsend is recognized as one of the founders of the practice of civil appellate law in Texas. He has subsequently earned a national reputation, culminating in his election as president of the by-invitation-only American Academy of Appellate Lawyers. Due to the depth and breadth of his experience, Roger is frequently asked to moderate panels of appellate judges at national seminars. rtownsend@cokinoslaw.com

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erek Angel, of asphalt producer/heavy civil highway contractor Angel Brothers Enterprises and President of Century Asphalt, met with Texas Governor Greg Abbott Feb. 26 in Baytown, TX. Angel and Abbott discussed Texas highway funding, the 10-year Texas Unified Transportation Program (UTP) and briefly touched on COVID-19. –mjm

Austin Construction News • APRIL 2020

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Nature also gives us a couple of signs that trout are actively feeding. Looking for birds that are “working” and finding “slicks” in the water are both productive, especially in open water. When trout are schooled up and feeding, they will push bait to the top of the water. Sea gulls and other birds will circle above the frenzy and dive into the water to attack the bait fish from above giving a signal to anglers that can be seen from great distances.

“Slicks” are formed on the top of the water when trout are feeding. During an excited state, such as a feeding frenzy, speckled trout will often regurgitate, spilling partially digested fish and oils into the water. These oils will float to the top of the water, creating a noticeable slick film. An experienced Coastal Bend angler can not only see the slicks, they can actually smell when trout are around!

The Facts On Speckled Trout

by Capt. Steve Schultz Sponsored by: Waypoint Marine, Shoalwater Boats, Evinrude Outboards, Fishing Tackle Unlimited, Shimano Reels, E-Z Bel Construction, Costa Sunglasses, Simms Fishing, ForEverlast Fishing Products, PowerPro, Interstate Batteries, MirrOlure, JL Marines Power-Pole, AFW and AFTCO Clothing.

Jess Womack caught this 27 inch redfish on her first outing with Steve Schultz Outdoors.

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ocating speckled trout in the bays of the Texas Coastal Bend is relatively easy. They are widely distributed throughout the bay systems and tend to be aggressive feeders. The real challenge is identifying the habitat and finding populations of the size of speckled trout that you want and using the correct bait and location for that size fish during that season. During warm spring and summer months, speckled trout will use the filtered light of the early morning and late afternoon to move into the shallow areas of grass flats, oyster reefs and grassy shorelines to ambush prey. Speckled trout are aggressively feeding at these times and good size catches are common. As the day heats up and the sun gets more direct, speckled trout will slide off the shallow areas into deeper adjacent waters. Target deep cuts, drop offs to the bay along grassy shorelines and channels near flats or oyster reefs. Three to five feet of water is often productive. On cloudy days or more moderate temperatures, speckled trout may remain in the rich shallower waters for extended periods.

Speckled trout are opportunistic feeders that eat a variety of foods. That variety changes as they get older. Young trout feed primarily on small crustaceans with shrimp being the primary fare. As they grow, their focus turns to shrimp and small fish such as finger mullet. The largest speckled trout along the Texas Coastal Bend will primarily ambush larger fish such as mullet, pinfish, croaker and piggy perch. Mullet is the preferred diet of the largest of speckled trout, often attacking a mullet that is half or even 2/3 its own size.

If you are looking for excellent table fare, use shrimp, small fish or artificial baits that mimic them and catch a mess of small to medium sized trout. If you are looking for large trout, stick with large baits such as mullet or lures that imitate larger fish. Your day will be slower with fewer hook ups, but the odds of catching that trophy trout will go up exponentially.

Hopefully, these tips will guide you to a successful outing your next time on the water!!

My 2020 fishing calendar is booking up quick, so don’t hesitate in calling. Here are some dates open in the next few months. April 3,6,12,13,20,26 and May 3,4,5,8,10,25,29. To schedule your next bay fishing trip or hunting trip, give Capt. Steve Schultz a call at 361813-3716 or e-mail him at SteveSchultzOutdoors@ gmail.com. Follow me of Facebook and Instagram.

Good Luck and Good Fishing.

Specks like this healthy 23 incher are very common on spring fishing trips. Jason Hollaway benefited last month on his trip with Steve Schultz Outdoors.

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Austin Construction News • APRIL 2020

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 the radio as follows: The Great Outdoors: 5-8 am Saturday on 1300, The Zone, Austin and The Great Outdoors: 5-7 am Saturday on 1200 WOAI San Antonio The Sunday Sportsman: 6-8 am Sunday on 1300, The Zone, Austin All on iHeart Radio

Fishing Distancing?

First, let me say our hearts go out to anyone that has been impacted by the virus. To those who are sick, we send our thoughts and best wishes for a full and speedy recovery.

All in all, spring fishing is coming along really good. The lake levels are good, and we are having some fresh inflows from recent showers. We have begun to see our incoming stringers yielding more stripers and hybrids than earlier this spring when they were more white bass heavy. That is typical as it gets warmer. The best part is that their overall size is bigger than last year with nice healthy fish. Some of them are matching the size fish we were beginning to see before the flooding a year and a half ago, so we are regaining the kind of fish the flood may have cost us.

Everything is green in the Hill Country and the wildflowers are popping out.

If you get a chance to safely take a break and escape for a bit, I hope you will. It’ll do you good!

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e are still trying to define what “social distancing” is and how best to do it. Right now we are seeing a good many people doing it by just going fishing! If you come to the lake with people you are around routinely anyway and don’t put too many on the boat, you can keep a good distance apart.

If you add to that the ever present 10 – 15 mph wind blowing past, and warm sunshine keeping the air fresh, that ought to work! Best of all you can get away from the news and trouble for a few hours and have a little peace. The fish don’t know anything, except maybe the lake is a little less busy. They just keep right on feeding and spawning and keeping us entertained and fed.

It is even more satisfying than normal to be able to take home a bag of fresh caught fish for your table that you didn’t have to stand in line for. This way you know where it came from and when it was caught and you got to reel it in!

It lifted my spirits yesterday watching a kid wrinkle her nose as she rinsed just good old fish slime from her hands instead of who knows what contamination she’s had to learn to deal with this week. Kids need a break too. I love that smile when they hold up a fish they’ve just caught!

This spring we are having a ball catching multiple fish at once using um-

brella rigs. It is working well for white bass, hybrids and stripers, and sometimes all three at once. Bringing in three stripers at once, with them fighting each other and you is a blast! It also gives us another option for the days when live bait is hard to catch or the fish are just being picky. It’s like parading past a bunch of hungry teenagers with a tray of hot French fries! You better get ready, because they’ll be after you!

Fish beware

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ixtus Kotara, Jr. with Central Texas Tiltwall takes advantage of every opportunity to go fishing. He had another great day on the water using artificial lures which proved to be overmatch these speckled trout. - cmw

Measuring 26 ½ inches long, Kotara shows off his biggest trout ever.

Speckled trout a plenty

Austin Construction News • APRIL 2020

Page 11

Budding photographer

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hile working on the renovation of the 190,000sf office building of the former Hewlett Packard Enterprise campus in Austin, The Burt Group onsite Superintendent Clayton Pearson captured these blooming Texas bluebonnets. –mjm

www.constructionnews.net publishing the industry’s news

Texas Style

H San Antonio H Austin

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Austin Construction News • APRIL 2020

Austin Construction News • APRIL 2020

Page 13

Who is your favorite sports team(s)?

I’m not into sports at all! My husband is big into golf, so on the sidelines, I kind of follow people like Rickie Fowler, but only because he does!

Linda Parks, LWi Custom Cabinetry I was an Army brat, and we were always moving, from Okinawa to Germany to Taiwan. He bought me a Dallas Cowboys cheerleader poster from 1976. I had that poster on my wall for eight or nine years and everywhere we ever went, I associated the Dallas Cowboys as our home since we were from Texas. It always made me feel good to be a Cowboys fan.

When I was 10 or 11, my uncle went to college with Roger Clemens at UT and he took me to a World Series game where Clemens was pitching. When they won the World Series, he threw his glove up in the air and my uncle put me over the fence and I caught the glove. I became a Longhorn fan from then on.

Thomas Martin, Martin Construction Dallas Mavericks because 1.) Basketball and 2.) Luka Doncic is amazing!

Sarah Ferreira, GSC Architects I like football; I’ve always been a diehard Cowboys fan. I’m from back in the day of Tom Landry, Troy Aikman and Emmitt Smith and that group; they were rock stars. They’ve always been America’s team, or they were; I hope that they can pull that back, quite honestly. I’m still recovering from the kneeling that went on.

Erick McCallum CG Environmental – The Cleaning Guys I’m not a sports person! The only thing my husband, Zach [who also works at Doug’s Plumbing] likes is The World of Outlaws; it’s a Sprint car race. That is the closest thing to sports that we watch. He used to ride in them and drive them when he was a kid and has always been drawn to them. Anytime they come s

around, he is itching to go to a show.

Keely Foster, Doug’s Plumbing I don’t really follow sports, but I do go to games with clients, so I feel I should say The San Antonio Spurs, just to get a plug in there for them. I am an Aggie, though, so I should put Aggie football in there, too!

Sarah Weber, Bowman Consulting As far as sports go, I’m one of the rare guys that doesn’t follow any of them.

“Ted Nugent: Spirit of the Wild” is more of my type of sports!

Clayton Pearson, The Burt Group I will speak for the majority of our staff when I say The University of Texas Longhorns. We have a lot of fans and then some [in which UT is their] alma mater.

Ron Page, MainStream Painting My favorite sports team is the Dallas Cowboys. I grew up in football; my father was a coach for the University of Texas.

He would coach in the training camps for the Dallas Cowboys under Tom Landry.

He would take great pictures at the trainings and come home with all of this Dallas Cowboy gear. He was also a football player at the University at Arkansas, and one of his teammates was Jerry Jones.

They’re old hunting buddies, now. So, we have a personal connection [to the Cowboys]. You always want to root for your friends, and Jerry Jones is a friend. We love the Dallas Cowboys, and we root for them no matter what!

Nathali Parker, KLP Construction Supply My favorite team is Auburn Tigers because I grew up in the state of Alabama where at birth you have to choose between Auburn or Alabama. I have too much self-respect to be a Velcro shoe wearing Bamer. War Eagle!

Dave Buroughs, The Demo Company

Submitted to Construction News

Round-Up

O’Connell Robertson is pleased to announce the promotion of three of their finest to Associate Principals.

Jayna Duke, LEED AP ID+C, a registered interior designer, will be leading the firm’s interiors practice. She has 11 years of experience in interiors planning and design, finish and furniture selection.

Round Rock ISD Success High School and Otto Kaiser Memorial Hospital are among Duke’s prominent works. -cmw Rob Hudock will serve as Director of Construction Administration. He has 16 years of experience in construction project management and contract administration. Round Rock ISD’s Westwood High School and Shannon Medical Center in San Angelo are among Hudock’s notable projects. -cmw Jason Reed has 21 years of experience in construction project management and contract administration.

His notable projects include Danville Middle School in Comal ISD and renovations at University Hospital. -cmw

Finding its niche

Freese and Nichols Inc. is pleased to announce the following: Adam Young, PE, EM, LEED AP has been promoted to Group Manager for Mechanical and Plumbing. He is a licensed mechanical and electrical engineer and the Senior Technical Professional for Freese and Nichols’ Mechanical and Plumbing disciplines and a Certified Energy Manager. Young is skilled in maximizing buildings’ energy efficiency. -cmw Andrew Perez, AIA, has been added to the Facilities team as a senior architect to manage projects for their Central Texas clients.

Perez brings 25 years of architectural experience on for federal, state, municipal and higher education entities. He is a registered architect in Texas and received his bachelor’s degree from The University of Texas at Austin.

-cmw

Round-Up Submissions

Brief company announcements of new or recently promoted personnel, free of charge, as space allows.

Submit Info & Photo: Austineditor@ConstructionNews.net (210) 308-5800

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Bowman Consulting’s Sarah Weber

owman Consulting offers a variety of civil engineering, surveying and environmental consulting, but it has very much carved out a special role within the construction industry.

“We are biologists, ecologists and environmental scientists working on a wide range of differing projects,” Bowman Consulting’s Senior Environmental Manager Sarah Weber explains. “It’s a tiny niche that is imperative. For construction, we do construction monitoring, which is important in areas where there are endangered species. Also, when there is environmental concern for local landowners who want to take that extra precaution, they will have a local monitor on site. The monitor makes sure that if they’re digging a pipeline or doing construction and they come across a species, we will move it out of the area. We’re there to help the companies comply with local ordinances, state and federal laws.”

The San Marcos office where Weber works and the Austin office staffing many of Bowman’s engineers and surveyors are part of a nationwide network of locations.

Headquartered in Virginia, Bowman Consulting has more than 500 employees in Arizona, Colorado, Florida, Illinois, and South Carolina offices, and recently opened a Dallas office. Despite its size, Weber says the company doesn’t feel impersonal.

“We have the feeling of a small business because a lot of us came from small businesses, and the company is run with a very entrepreneurial and small business mindset. From that, we’re able to grow into the larger offices.

“Each office has their specialties, so we’re able to as a whole provide a wide range of engineering services based on the expertise of our local offices,” Weber continues. “Because we have such a great network of servers and work sharing, we’re able to work on projects together to make sure each project has the right team with the right specifications. In our Austin office, we are more engaged in the single-family residential site plans, engineering and permitting. We also do commercial site development and LiDAR with high-end drone equipment, increasing our presence

in drone surveying.”

Weber is one of the many biologists who pursue careers in construction and engineering fields. She earned a Bachelor of Science in Wildlife and Fisheries Science from Texas A&M, a Master’s degree in Wildlife Ecology from Texas State and a GIS certificate from Penn State and holds several federal permits for endangered species. She works with the Army Corps of Engineers and U.S. Fish and Wildlife and also conducts Phase I Environmental Site Assessments.

“It’s interesting that many of us biologists end up in engineering and construction. We’re developing land and companies want to do it responsibly. We have laws to comply with and I’m there to help the process,” she says.

Even though her department at Bowman Consulting is a small niche in the industry, Weber enjoys the variety her work offers.

“I enjoy the different projects, she says.

“I’m always doing something different and tackling something that is new to me. I engage with construction workers and also with developers. I hang out, talk with and work with a wide variety of people. As a consultant, I’m trying to bridge a gap.

Because I work on such different projects and work with so many different kinds of people, I relate to the industry players from many perspectives. My job is really to bring everybody – agencies, the clients, people on site – to the table and see how we can find workable solutions.”

Weber looks forward to the work to come.

“We are in a growth stage right now.

Many companies, especially engineering companies, have a large environmental department. My goal is to grow Bowman’s environmental department. With us being in Central Texas, we have opportunity to work in many different areas. Texas has many different ecoregions and a healthy economy, so we are trying to grow the environmental aspect of our company throughout the state.”

Bowman Consulting Texas’ offices are in Austin, Dallas, and San Marcos. –mjm

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Austin Construction News • APRIL 2020

Association Calendar

Content submitted by Associations to Construction News ABC

Associated Builders & Contractors

Apr. 3: Chili/BBQ Cook-off – RESCHEDULED TO OCT. 23. For more info, call Tracey Littlefield at 512-719-5263 or email tlittlefield@abccentraltexas.org ACEA

Greater Austin Contractors & Engineers Assn.

Apr. 9: Monthly Membership Luncheon –CANCELLED Apr. 21: 2020 Symposium, Austin Convention Center, TBD Pending COVID-19 Update. For more info, call Silvia Pendleton at 512-893-7067 AGC

Associated General Contractors

Apr. 4: CLC Community Service Event Apr. 24-26: CLC Bay Fishing Tournament, Bay Flats Lodge, 391 Bayside Dr., Seadrift, TX. For more info, contact Toni Osberry at 512-442-7887 ASCE

American Society of Civil Engineers

Apr. 21: ASCE April Luncheon, TBD Pending COVID-19 Update. For more info, contact Bailey Pattison at 512-910-2272 CTSA

ULED TO OCT. 26-28. For more info, contact Carla Bingaman at 512-263-5521 or email Carla.bingaman@i-lincp.org LAT Lumbermen’s Assn. of Texas Apr. 7: 134th LAT Convention & Expo – CANCELLED. For more info, go to www. lat.org or call 512-472-1194 NAWIC

National Assn. of Women in Construction

Apr. 29: 3rd Annual Clay Shoot, Reunion Ranch, 850 CR 255, Georgetown, TX. For more info, contact Kaitlyn Powell at kaityln.powell@ryancompanies.com RCAT

Roofing Contractors Assn. of Texas

Apr. 14: HARCA Golf Tournament – RESCHEDULED TO OCT. 27. For more info, email Sarah Burns at sarah.burns@ rooftex.com SEAot

Structural Engineers Assn. of Texas

Apr. 22: Chapter Meeting – CANCELLED. For more info, call 512-301-2744 TGA

Central Texas Subcontractors Assn.

Apr. 14: Lunch & Learn, TBD Pending COVID-19 Update. For more info, email Wendy Lambert at wendy@ctsaonline. org or go to www.ctsaonline.org CENTEX IEC

Central Texas Chapter Independent Electrical Contractors

Apr. 2: Power Drive 18 Golf Outing - CANCELLED. For info, contact Dan Kiser at 512832-1333 or email dkiser@centexiec.com I-LinCP

Institute for Leadership in Capital Projects

Apr. 1-3: 2020 LinCP Forum – RESCHED-

Texas Glass Assn.

Apr. 30: TGA Jerry Wright Memorial Golf Tournament, SilverHorn Golf Club of Texas, 1100 W. Bitters, San Antonio, TX. Registration 12pm., Shotgun Start 1:30pm., $115 Member, $135 Non-member. For more info, visit www.texasglass.org TSPE

Texas Society of Professional Engineers Travis Chapter

Apr. 1: Monthly Luncheon – CANCELLED. Apr. 23-25: PE Leadership Institute – Class 9, Session 4. For more info, go to www.tspe.org

Bonding over bowling

continued from Page 1 — Martin Construction LLC about 85 bids. I ended picking up about 17 of the 27 [builders] and I have worked for those folks for the last six and a half months since I started. If you leave with a great reputation, and you did amazing work in the first place, those folks don’t forget that. What’s crazy is the majority of the people I used to work for back then are now presidents and vice presidents of companies. They have all the say, so I’m getting a lot of hits from that.

Working from San Marcos to Kingsland to Florence, the new Martin Construction LLC offers pergolas, decks, light framing, setting windows and exterior doors, interior doors, baseboards, custom shelving, crown molding, paneling, shiplap, tongue and groove, ceilings, and cabinet installation.

“Whatever the builder is looking for

wood-wise, we’re capable of doing,” Thomas says. “We have a bids out right now for the Fairfield Hotel, an assisted living facility out of Georgetown, a motel in Cedar Park, a multifamily project and I’m bidding a job with JE Dunn on a high rise.”

While the business is going gangbusters, Thomas’ team of five and two sub crews are doing their best to keep up with the demand. He hopes to find more quality help soon, but in the meantime, he is just going make sure no bridges are burned project-wise.

“I’ve always told my four children that hard work works,” Thomas says. “I live my life that way, being honest and working hard.”

Martin Construction LLC in Austin is offers interior and exterior wood trim services. –mjm

continued from Page 1 — CG Environmental – Cleaning Guys seemingly ramped up overnight.

“We’ve had a lot of teams out there taking care of this; we’re covered up,” McCallum says. “It’s non-stop, all weekend, night and day for our guys right now, because there are a lot of people who know who we are and what we’ve done in the past.

“Employees at each location can travel to other locations,” McCallum explains. “If it’s a confirmed case, we’re there within a couple of hours. If it’s a preventative [cleaning], we’re putting them in line. We’re typically getting everyone done, even preventative [cleanings], within 24 hours.”

While McCallum says while he feels deep satisfaction doing this work, his distress is equally deep knowing unqualified companies are offering cleaning and decontamination services for COVID-19.

“The biggest issue is that people are jumping to companies that are not infectious disease qualified, and that’s a problem,” McCallum says. “I’m a state trainer in Texas and Colorado and I’m training any of our guys who have not dealt with any infectious disease myself.

The type of training I see is coming from people who have never been in the real world. They’re training on things they’ve never done themselves and that’s a big problem in my opinion.

“Most people have figured out this is not something you jump in Valpak looking for a coupon. We’re going after something you can’t see, so you definitely

want someone who knows what they’re doing.”

McCallum says he is surprised to be facing a virus of this magnitude so soon after Ebola, and that COVID-19 has proved to be a different animal.

“The Ebola virus, in my opinion, is a less tolerant virus on a surface,” he explains. “This virus is sustaining in open areas much longer. On top of that, it is spreading much faster than Ebola; that’s what is making it scary. It’s spreading quite rapidly and it’s morphing. With the incubation period being up to 14 days, people are carrying and passing it, not realizing they have it.”

Facing crises like these is old hat for McCallum, who once was in law enforcement. Before that, he worked for an industrial cleaning company. When he saw a need for equipment that would clean environmental issues faster, he developed it and started his company in Fort Worth nearly 30 years ago.

In between viruses, the well-rounded company uses their patented equipment to answer the call, whether it be oil spills on the highway, emergency response, and construction’s big and little spills that happen daily. McCallum looks forward to when his team can take off their capes can get back to those Clark Kent days.

CG Environmental – Cleaning Guys provides industrial and waste cleaning services throughout Texas and in Colorado. –mjm

continued from Page 1 — O’Connell Robertson

GSC Architects brought their Austin and San Antonio teams together for bowling and bonding.

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SC Architects’ Employee Appreciation Celebration 2020 was designed with gratitude in mind. Held Mar. 6 at EVO San Marcos (aka “The Spot”), the bowling event brought the firm’s Austin and San Antonio teams. Together they donned ugly bowling shoes, sipped pretty cocktails, showcased mad bowling skills and posed for goofy glamour shots. Get-togethers like these are a monthly event for GSC to encourage camara-derie and team bonding.

“Our team deserves the royal treatment!” says Sarah Ferreira in GSC Architects’ Marketing department.

“Cheers to one great team made of truly amazing individuals. We may be two offices, but we are one GSC family.”

GSC Architects is in Austin and San Antonio. –mjm GSC Austin’s Joseph Skelton ➤ strikes a pose.

Steven Burch of GSC San Antonio and Will Dawson of GSC Austin bowl everyone over with their talent.

design, BIM technology, commissioning bond planning and communications services are offered by 70 full-time employees.

O’Connell Robertson’s offices are all similarly focused on healthcare, higher ed, K12 and commercial project pursuits and provide comprehensive architecture, MEP Engineering and interior design services. Its current locations allow better service for current and potential clients in and around their regions, but the firm has worked on projects throughout Texas since its start.

The firm is also employee- and community-focused. Collaboration is valued, as evidenced by the firm’s team approach to design and open office layout. Monthly after-hours get togethers, annual all-staff events such as a bus trip/project tour, local kickball, softball, bowling leagues, holiday parties and annual family picnics, employee anniversaries and retirements bond the team. With the firm’s encouragement and time compensated for volunteer activities during working hours,

more than half of employees participate in activities supporting schools, healthcare, and other nonprofits. Employees serve as volunteers, mentors, job shadow hosts, and committee and board members for organizations including Big Brothers/Big Sisters, Austin Ed Fund, Round Rock ISD Partners in Education Foundation and American Heart Association.

With 70 years of rich history, O’Connell Robertson looks forward to what is ahead for the company.

“Our Vision 2025 includes pursuit of continued growth and focus on positive client experience delivered through tailored solutions,” says President Amy Jones.

“We are working on exciting projects and have staff members who are smart, talented and experts in their field. We’re building on the strong foundation of our 70 years in continuous business in Texas and we’re excited about the future.”

O’Connell Robertson is a full-service architecture and engineering design firm in Austin and San Antonio. – mjm

Austin Construction News • APRIL 2020

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Methodist ambulatory surgery center in Boerne

rash Contracting Company (DCC) is a general contractor who delivers contracting services for new ground up construction, interior finishout and renovations. Proud of their steady growth built on client satisfaction and a high number of repeat customers has a record of building projects with an innovative and practical approach, while delivering quality services in a professional and timely manner. This has fueled their success and growth for over 13 years.

During DCC’s 13 years in business, DCC has provided construction services for architects, designers, owners, landlords and many other real estate professionals.

For the past four years, DCC has aggressively sought-out commercial healthcare (medical/dental) facilities and MOB projects.

They have constructed numerous ground-up medical office buildings in addition to the interior finish-out of many of these buildings. In addition, they have provided construction services for all types of medical/dental professionals (urgent care clinics, dialysis clinics, hyperbaric clinics, physical therapy, vascular surgery centers, pediatric/adult dentist-

Early construction.

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Methodist Ambulatory Surgery Center, Boerne, TX

ry/orthodontics and more) in San Antonio and surrounding areas and as far as Fort Worth to Corpus Christi.

“We provide quality workmanship and consistently stay within project schedule and budget. Our pro-active approach and putting our client’s needs first has allowed our company to grow and flourish since 2006. Our team of professionals possess decades of construction experience and have the knowledge, talent and experience to complete and deliver a successful ground-up, finish-out or renovation project ontime and on-budget,” says President Andy Drash.

The new Methodist Ambulatory Surgery Center of Boerne located at 110 Menger

Springs Road in Boerne, TX is a singlestory, 16,500sf health care facility for outpatient surgeries. The facility consists of three operating rooms and two treatment rooms with six pre-op beds and fourteen recovery beds.

The exterior consists of brick/stone and EIFs and included emergency and ambulance canopies. Site work includes excavation, utilities, curb and gutter, paving, landscaping and exterior and interior signage. Trades included, concrete, masonry, metals, medical supports, thermal and moisture protection, openings, finishes, signage, specialties, fire suppression, plumbing, mechanical, electrical, communications, electronic safety and security, earthwork, landscaping and utilities.

The $6.9 million project had a ninemonth construction schedule and was completed on time and on budget.

Drash Contracting Company is a fullservice general contractor in San Antonio.

-cmw Methodist ambulatory surgery center in Boerne Drash Contracting Company Boerne, TX

Side view

Glenoaks Library

CM Cabinets experienced another first in its history with the Glenoaks Library for Casias Construction.

The first being a giant tree wall feature.

This impressive 12 ft. tall by 12 ft. span decoration would prove to be a challenge for all parties involved, because of the size and weight of the design. Going off minimal drawings KCM had to design a “trunk” system to support the branches and keep them at the correct angles.

Through trial and error, KCM was able to come up with a “tree trunk” that could be mounted directly to the wall while concealing KV standards that remained hidden from view. The KV brackets would be integrated into each branch, and also remain hidden.

Architectural drawings for the Glenoaks Library tree.

Tree branches.

Using the branch profiles drawn by Nextgen Architects, they were able to cut out each of the three unique profiles using our CNC router. Each of the 10 branches used 4-8 sheets of material to construct. They had to use two different layers to create the inch and half thick branches.

Because of the size of the branches they had to be transported to the job site in pieces, with the final assembly done onsite. All of the planning and design paid off during installation, as they were able to fully install the tree in two days.

KCM Cabinets is a full-service cabinet and millwork subcontractor. -cmw Concealed KV brackets incorporated in the “tree trunk.”

The Glenoaks Library tree.

Glenoaks Library KCM Cabinets San Antonio, TX

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n a dog-eat-dog world, it’s nice to know that beloved pets have a retreat to get away from it all. Located at 716 S. 1-35, Georgetown’s Pet Paradise Resort is the newest vacay for the furry and fluffy set, offering boarding, pet care, grooming and veterinary services.

Whether it’s being pampered with a spa day from the resort’s professional grooming team or enjoying the adventure of day camp, guests are treated to 20,000 ft of paradise including indoor play yards, indoor and outdoor splash pads,

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for the material that is sitting on the ground that is rebound.”

The shot took only a day, and once finished, revealed the pools unique features. The pool’s beach entry allows more timid dogs easier access to the pool. For canines that cannonball, the pool drops off in the middle to create a deep end, (which Hill confides is not really that deep for the pets’ safety).

The pool’s tile and coping phase is being now completed by another company, and Hill believes the pool will look doggone good when finished, as will the resort when it is completed this July.

Subcontractor Hot Crete provides specialized concrete services to Austin and the greater Austin area. –mjm Pet Paradise Resort Hot Crete Georgetown, TX

The Hot Crete team arrives and places tarps in the area for both safety and to prevent splatters on site.

The dog bone shaped pool is a signature highlight of Pet Paradise resort.

and the highlight of the resort: The signature dogbone-shaped pool. Aria Pools and Designs created the 15ft. 8 in. by 22ft. pool, with and brought it to life with the help of Hot Crete, who shot the pool.

Construction began on the site last June and the pool was shot by Hot Crete LLC on March 9. Hot Crete General Manager Dewaine Hill, who supervised more than 10 employees on the project,

has experienced pools caving in during rain on past projects, but was pleased to have had no such challenges on the Pet Paradise Resort pool. He’s also pleased to work on a themed pool for a change.

“For 14 years, I’ve built pools from spray painting them on the ground to putting water in them,” Hill says. “This [boneshaped pool] is definitely a first for me!”

To begin the project, the Hot Crete team brought their pumps to the site and set up tarps around the pool, both for safety and to protect the rest of the site from splatters. Shotcrete, which is what Hot Crete uses on its projects, was then shot at high velocity to create the pool shell. Although gunite could be used for the project, Hill says shot crete has advantages in a project like this.

“Shotcrete is a dry-mix cement

mixed inside of a hopper and pumped though a hose out the end of a nozzle,” he explains. “Gunite is dry material that, as it goes through the hose, is mixed with water in the air at the end of the nozzle.

The project didn’t call for shotcrete specifically; it’s just a preference for the builder, and it takes the same time to set.

The biggest difference is that gunite has a lot of rebound in it which you cannot use to build swimming pools with. At the end of the project, you’re probably wasting three or four yards of rebound material which is rebound that doesn’t stick. You have to throw it out of the pool. With shotcrete, you have very minimal rebound which is being thrown out of the pool.

With gunite you have to pay somebody to pick up all of that extra rebound, so money is being wasted in that, plus you’re paying

Shotcrete, used on this project, had advantages such as less waste.

Core Spaces

The glass-front offices, conference rooms and board room ensure that the views of the dynamic space are unobstructed.

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eneral contractor S. Watts Group‘s impressive work ranges from tenant interiors, ground-up development, retrofit and remodeling to sustainable, LEED/green projects and healthcare, retail and restaurant environments. The experienced firm was a natural choice, then, for the remodel of Core Spaces Executive Management Offices at 11401 Century Oaks Terrace, Suite 400 in Austin.

Last April, S. Watts’ superintendent Todd Kulick and project manager Brian Smith teamed up with CBRE construction manager Ross Taylor. Together, they carried out the nature-meets-modern vision created by architecture firm Urban Foundry’s Jennifer Jari-McCombs and Leanne Silva.

The 7,381sf open office remodel required a complete demolition of the existing space, a rebuild of two glass-front conference rooms, one glass-front board room, ten private offices featuring glass

S. Watts delivered the nature-meets modern vision for the project, which is evident in the reception area.

fronts and open area cubicle spaces.

Common areas such as the kitchen, break area, lounge activity space and copy-print room were also included in the redo.

The project, however, was far from being a cookie-cutter office remodel.

Walking into the space makes guests feel as if they are leaving a concrete jungle and entering an urban one. The nature-inspired reception area greets guests before opening up to workspaces punctuated by wood-elements and graphic accents.

“This open office corporate remodel incorporated elements of biophilic design, such as a moss wall, faux plant wall and faux planters, to connect the natural world to the modern built environment of the space,” explains S. Watts Group’s Business and Marketing Manager Mackenzie Herron. “This buildout incorporated a southwest feel throughout the spaces with cacti, succulents, a play on the historic ‘I love you so much’ with ‘I love food so much’ and funky wallpaper including

armadillos, roadrunner, cacti and lizards!”

The whimsical space was completed in four months, and both the client and the guests who experience the space couldn’t be more pleased with the colorful and creative result.

“The client was very satisfied with the

Pops of color accent the kitchen.

project and team!” Herron says.

Commercial general contractor S. Watts Group is in Austin. –mjm Core Spaces S. Watts Group Austin, TX

A neon “I love food so much” sign reminds staff to make full use of the kitchen and break area.

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Austin Construction News • APRIL 2020

Celebrating women in construction

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he National Association of Women in Construction (NAWIC) officially kicked off the 60th anniversary of Women in Construction (WIC) week on Feb. 29. Funfilled events were scheduled through Mar. 7 to bring women in the industry together. -cmw

Mar. 4: Membership Drive & Casino Cruise

Mar. 2: Happy Hour at Abel’s on the Lake co-hosted by AGC, Nawic, Cawic, and WiA.

Mar. 5: Food Bank Volunteer Night, Central Texas Food Bank

Mar. 3: Trivia Night at Barrel O’Fun

Mar. 6: Kalahari Resorts & Convention Jobsite Tour w/Hensel Phelps & Crockett High School Students

Resource Guide

Associations and Construction Education General Contractors Service Providers

Service Providers

Subcontractors

Suppliers

Subcontractors

Suppliers Truck & Equip Dealers

Truck & Equip Dealers

List your Company for Reference For Info, Contact: Dana Calonge Dana@ConstructionNews.net Buddy Doebbler Buddy@ConstructionNews.net

Austin Construction News • APRIL 2020

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City of Austin Orders Shutdown of Many of City’s Construction Projects By: Allensworth & Porter

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ote: This article was written on Thursday, March 26, 2020, based on the most up-to-date information available at the time. During this unprecedented situation, policies and circumstances evolve rapidly. For our most recent analysis of COVID-19 and the construction industry, please visit aaplaw. com/news. This is not legal advice; all decisions should be based on an analysis that is specific to the contracts and facts of any given project.

On the morning of Tuesday, March 24th, Austin Mayor Steve Adler issued a Stay Home – Work Safe Order, effective at 11:59 p.m. that night, directing all City of Austin residents to stay home—except as needed to maintain continuity of operations of some essential businesses and critical infrastructure sectors. Williamson and Travis Counties issued similar orders with the same effective date.

The City’s Work Safe Order followed several county and industry guidelines issued the prior week: Travis County and the City of Austin both handed down “Community Gathering Orders” that prohibited more than ten people from gathering in a separate enclosed space. Williamson County issued a similar order on March 18, 2020. In a subsequent order, Williamson County exempted “[r]esidential, transportation and commercial construction[.]” On March 10, 2020, OSHA released guidance on workplace exposure to COVID-19, including requirements for recording and reporting workplace exposures. The Associated General Contractors of America quickly voiced opposition to the guidance, and OSHA issued revised reporting guidance on March 13, 2020.

In its Work Safe Order, the City of Austin exempted several categories of so-called “Critical Infrastructure,” including but not limited to:

Construction, including public works construction, and construction of affordable housing or housing for individuals experiencing homelessness, social services construction, and other construction that supports essential uses, including essential businesses, government functions, or critical infrastructure, or otherwise as required in response to this public health emergency. (Emphasis added.)

At midday on March 24, it appeared based on the City’s Order that many commercial construction projects would be allowed to continue, subject to applicable community gathering orders, OSHA guidelines, and other COVID-19-related orders—as was the case in other Texas cities, including Dallas, Fort Worth, Houston, and San Antonio.

That changed hours later, when the City of Austin issued follow-up “Guidance” to the construction industry, announcing its intention to generally shut down commercial construction within the City—arguably contrary to broader exemptions in its Order. Mayor Adler was quoted as saying, “Under the Order signed this morning, there will be no commercial

construction, except in the very limited exception where it’s constructing essential and critical assets.”

The City’s messaging was inconsistent with its written “Guidance” and did little to clarify its March 24, 2020 Stay Home – Work Safe Order. Further complicating matters, Travis County’s stay-at-home order was similar but not identical to the City’s Guidance, creating potentially conflicting rules for the multitude of projects within both jurisdictions. In the event of a conflict, the Travis County Order will probably prevail over the City of Austin’s Order and Guidance—but the inconsistencies and preliminary enforcement efforts have already created unnecessary confusion within a construction community that depends on certainty and consistency.

In its “Guidance”, the City of Austin says that it intended to exempt construction projects “where the construction involves one of the specific types of essential and critical facilities listed in Exhibit B, Part 2.p of the Order.” In the same section of the “Guidance”, the City’s limited list of permissible projects includes “construction of facilities that are defined in the Order as Essential Businesses, Essential Government Functions, or Critical Infrastructure”.

This firm’s interpretation of the City’s initial Order is that any project is exempt from the City’s Order where the construction supports one of the specific types of Critical Infrastructure Sectors defined by the U.S. Department of Homeland Security’s Cyber and Infrastructure Security Agency (“CISA”) (and incorporated by the City’s Order at Exhibit B, Part 2.q). CISA, under its Commercial Facilities Sector directive, includes hotels, motels, conference centers, office and apartment buildings, condominiums, mixed-use facilities, retail centers, and shopping malls, among other things.

The City disagrees, however, and seems poised to shut down commercial construction generally.

Little will be gained by closing construction sites where safety is embedded in the culture, and where existing orders and procedures have already compelled proper sanitizing and social distancing.

The community gathering orders issued by the State of Texas, and by some cities and counties, are understandable and important steps in protecting the health and safety of workers and the community at large. But the City’s aggressive departure from other jurisdictions in shutting down construction generally will do nothing to arrest the spread of disease.

Construction labor is uncommonly itinerant, chasing the work wherever it exists. If anything, the City’s lonely approach will encourage the spread of people across the state, frustrating its stated goal of “restrict[ing the] movement of persons necessary to reduce the substantial risk of harm to the public[.]”

To the extent the City wants to constrain the spread of the COVID pandemic, it can do so by keeping construction work in Austin, where it can enforce stricter safe-

ty measures on construction sites than other jurisdictions. A completely predictable exodus of construction labor would needlessly harm laborers and the public alike. As of the date of this publication, Governor Abbott has declined to enter an order or other measure to standardize the exemption of construction projects across the entire state.

Unfortunately, as of this writing, the only source of clarity and guidance the industry has is the City’s original Order and follow-up “Guidance” document. We had hoped that Mayor Adler and Travis County Judge Sarah Eckhardt would provide some certainty during a March 26 press conference, but neither meaningfully addressed the construction-industry issues.

We have been advised that the City of Austin, its inspectors, and the Fire Marshall have begun to enforce the Order, applying a very narrow interpretation to shut down (and/or refuse to inspect) projects that the City subjectively deems as non-Essential. Therefore (and barring any changes), as of 11:59 p.m. on Friday, March 27, 2020, our view is as follows: If you are constructing a project that the City considers an Essential Business, the City appears poised to let these projects continue per the “Guidance” issued by the City on March 24, 2020. The defined Essential Businesses are listed in the Order, which contains the following, in part: • Healthcare: hospitals, clinics, dentists, pharmacies, other healthcare service providers; • Grocery stores, convenience stores, liquor stores; • Big box retailers: presumably Home Depot, Lowes, Walmart, etc.; • Social services, charitable operations, news media, gas stations, automobile dealerships; • Financial institutions: banks, credit unions, title companies, pawn shops, insurance companies; • Hotels and motels; • Hardware stores; • Laundry services; • Restaurants; and • Transportation.

If you are constructing a project that the City interprets as Critical Infrastructure, it appears the project will also be allowed to continue per the “Guidance” issued by the City on March 24, 2020. Critical Infrastructure is listed in Exhibit B to the Order and includes: a. Banking and financial institutions; b. Transit, transit facilities, transporta- tion services; c. Power, water, telecommunications, natural gas, and public utilities; d. Technology manufacturing compa- nies; e. Public health and medical services; f. Fire and law enforcement; g. Public works; h. Airport facilities; i. Sanitation services; and j. Other City government buildings or facilities.

www.constructionnews.net publishing the industry’s news

If you are involved in the construction of federal or state facilities, the Order acknowledges that it does NOT apply— and the Texas Attorney General’s office has issued an opinion expressing its agreement.

If you are constructing affordable housing, or facilities for individuals experiencing homelessness or that provide social services, the Order does not apply.

If you are constructing a project that does NOT fall into one of the categories in the Order or the following “Guidance”, the City appears to believe it has ordered your project to be shut down and may take action to ensure that this occurs.

Austin/Travis County appears to be the only jurisdiction in Texas in which local government has attempted to order that the vast majority of construction must cease.

CONCLUSION If you are in the City of Austin and are not constructing what the City deems to be an Essential Business or Critical Infrastructure, the City appears poised to refuse to provide inspections, to evacuate individuals from jobsites, and/or to shut a project down entirely. Under the terms of the City’s Order, a violation is a misdemeanor, with a potential fine of up to $1,000, and/or up to 180 days in jail. The City’s prior “Guidance” suggests that warnings will be issued until March 27— but only if a project participant can show that it has been working to wind down the project in the three-day period starting March 24, when the Order first took effect.

Our prior analysis of the Work Safe Order and our interpretation of the “Guidance” that followed it has not changed, nor has the City’s Order—for now. However, since the City is already underway with this process, the best practice for project participants will be to consult their contract(s) for the project in question, comply with all notice requirements, and notify others of the impending possible action—thereby establishing and managing expectations as much as possible under the circumstances. Also, should you be refused services or otherwise confronted by the City of Austin, be prepared to (1) explain how your project fits within the definition of Essential Business or Critical Infrastructure, and (2) escalate the issue to City management to confirm that enforcement on your project was intended, appropriate, and not done in error.

AUTHOR: Allensworth & Porter Allensworth & Porter focuses exclusively on the practice of construction law. For 25 years, the firm has handled complex construction matters from preconstruction to closeout, from the first claim to the last appeal, and all manners of disputes in between for clients in virtually every sector of the commercial construction industry. For more information, visit aaplaw.com.

Texas Style

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Austin Construction News • APRIL 2020