Austin Construction News January 2022

Covering the Industry’s News

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Showing dedication

Parading around

Ja-Mar Roofing recently dedicated its showroom to Founders James & Marlyn McKinney.

Whittlesey Landscape Supplies & Recycling is always ready for a holiday parade, like the recent one held in Marble Falls.

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fter David Phillips bought Ja-Mar Roofing & Sheet Metal from founder James McKinney and his wife Marlyn in 2005, every day started with a hug.

“Right off the bat, they became a second mother and father to me. We were that close, and it was that kind of relationship,” Phillips explains. “Marlyn’s a very loving and motherly type and James has been a fatherly figure as well.

Our days always started off with a hug, every day. Hugs have kind of remained our thing over the years.”

Now, because of Phillips’ touching tribute to the couple, James and Marlyn will embrace everyone who walks

through Ja-Mar’s doors. On Dec. 17, 2021, Phillips dedicated Ja-Mar’s Buda showroom to the McKinneys, with their names in large bold letters above it.

“I think it’s something that further acknowledges their stamp on this company and their contribution to the industry. Just to have their names where whomever walks through this door, this is the first thing they’ll see at the top of the wall, is important,” Phillips says. “We th planned on having a big 50 anniversary celebration last year, but COVID put the kibosh on that. One of the things I had planned for that event was the dedication of our showroom to James and Marlyn, so we did that as a year-end event this year.”

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he community has their pull support! When Liberty Hill or Marble Falls needs help with a holiday haul, Whittlesey Landscape Supplies & Recycling takes the wheel.

Both towns recently celebrated the season with parades, and the company rigged their rigs with lights and cruised along with the Christmas caravans. At the Liberty Hill Christmas Festival, Whittlesey had the honor of driving the state boundLiberty Hills Panthers football team in the parade.

The community-minded company has been a mainstay in the area since 1975, when Clayton Whittlesey founded

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35 years of traditions

hat better way to conclude another year around the sun than with a day of clay – in two

cities?

On Dec. 3, McMillan James Equipment Company welcomed its Austin employees and customers to its inaugural MJEC Clay Shoot at Capital City Clays. Twelve stations were prepared for a popping afternoon, and there was no shortage of celebratory shots being fired.

Meanwhile, the company’s San Antonio staff and customers were lining up for their shot at fun at the National Shooting Complex. Both groups spent the afternoon enjoying the fresh air, the camaraderie and made a grab for the gift cards: $50 gift cards went to 1st place winners and $25 gift cards were given for 2nd place.

“This was our first year to do this, and we want to make it an annual event,” says MJEC’s Sales Executive Bryan Sublett,

Whittlesey Landscape supplies in 1975 as a landscaping and lawn maintenance business. By expanding their yard four years later, the brothers turned the operation into a full-service landscape supply yard. It became the first of its kind in the area to offer special mixes, garden soils, gravel, stone, rock, and compost.

In 1985, Clayton became sole owner, and he recognized that while some of the methods of getting the materials had proved efficient for the company, he had an opportunity to take in green waste and produce mulch and compost for his customers. His ability to see new avenues of serving his clientele paid off, and he

McMillan James Equipment Company Austin employees and customers gathered at Capital City Clays for the inaugural MJEC Clay Shoot.

who organized the event for the Austin office. “We had a great time; it was awesome!’

The multi-city clay shoot joins the many rich traditions cultivated during the full-service HVAC manufacturer representative’s 35 years.

Mark McMillan, MJEC’s current president, founded the company in 1987, but MJEC’s roots can be traced back to the 1950s.

Houston-based manufacturer’s rep firm McMillan Equipment Company (MECO) was established by Hugh D. McMillan Jr. In 1987; McMillan and Associates was formed when Mark took over MECO’s Dallas Fort Worth operations.

The name then changed in 1999 to McMillan Choate & Associates (MCA) when Lonnie Choate teamed up with Mark McMillan.

Choate sold his interest back to the company in 2007, and the name evolved continued on Page 14

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Austin Construction News • January 2022

The grass is greener

Diving right in

Synthetic Turf World is growing and planting partnership seeds.

O’Neill’s Pools in Austin was acquired by National Pool Partners (NPP) last Setember.

atural grass isn’t the only thing growing – Synthetic Turf World has experienced its own kind of growth. The Austin-based artificial grass supplier and installer for commercial and residential settings is spurting not just in Austin but beyond.

“Synthetic Turf World was originally established as an installation company for the turf manufacturers,” Synthetic Turf World CEO Michael McCaskill explains. “Over time, working with the manufacturers, we decided to open a store that could facilitate both sales of good turf and professional installation done correctly, and provide education to teach our customers and individuals how to correctly install turf.

“It’s just morphed as the design industry has changed,” he adds. “We started about five years ago in selling products and ten years ago installing; we launched Synthetic Turf World to be a company that would be nationwide.”

Installing the turf isn’t Synthetic Turf’s only priority; keeping it hygienic for customers after use – especially during a pandemic – is also a must. As Synthetic

Turf World developed, grew and started adding turf, the company did not notice any disinfectants or sanitary solutions available for the play areas. What happened after customers actually used the products with their kids and their dogs? Installing turf couldn’t be where they stopped their responsibility to the client.

“So, we partnered with OxyTurf, which was created prior to COVID that kills staph, E.coli, and bacteria from pet urine and feces, and is EPA-tested and registered. Now we have an amazing product and certified installers and certified technicians that can clean these fields correctly while fixing seams and other issues, for companies, for schools, for playgrounds, nurseries. We can clean weekly and monthly depending on usage. Oxyturf, which is from Southern California, has already done some projects in Texas and they’re phenomenal.

“There’s a lot of turf going in the ground in Texas,” McCaskill says. “We love it here.”

Austin-based Synthetic Turf World is an artificial grass supplier and installer. –mjm

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n December 2020, Hal Denbar and his wife Laura closed the sale of Patriot Pool and Spa in Austin, the company they founded the summer of 2006. They were ready to dive into their new vision for the pool industry: National Pool Partners (NPP), a multi-regional pool repair, maintenance and service company.

In a sink-or-swim industry, NPP’s goal was to be different than the competition, with service and technology at its heart.

The company, which was founded with Florida’s T&D Pool & Spa Owner Eddie Skehan, is already doing laps with ease. In September of last year, NPP grew its Texas operations with two acquisitions in the Austin area: O’Neill’s Pools of Lakeway, TX, which was owned by Neil and Amy Engelmann, and Longhorn Pool Service of Austin, co-founded by Michael and Tamberly Hurosky.

Both companies now operate under the NPP’s Patriot Pool Brand. With the acquisition, Amy began leading NPP’s business development initiatives in the state of Texas and Neil leads Patriot’s western team as the Lakeway branch manager. The Hurosky’s took a different

Hal Denbar, Co-Founder of National Pool Partners

route and sold their pool service and repair company to grow their renovation and construction business, confident that NPP would continue their nearly 40-year legacy.

While Texas heat keeps the pool side of O’Neill’s Pools hot, O’Neill’s can take the chill out of their Austin customers as well. One market that O’Neill’s dominates is hot tubs, including Caldera Spas and QCA Spas. The company also specializes in pool repair and maintenance. –mjm

Austin Construction News • January 2022

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Austin Construction News • January 2022

I liked tennis shoes, could get a discount on them and earn some money.

I then got into the liquor industry; I started as a door guy at a bar and worked my way up to merchandiser of a liquor distributor and then an assistant sales manager position for a chain account. A few years later, I was an independent sales rep. I spent about 15 years in that industry. It was fun, but like anything else, it gets old.

Josh McDaniel

Co-owner/Sales Manager/ Project Manager st 1 Capital Certified Roofing Austin, TX

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our years ago, Josh McDaniel transitioned from selling spirits to selling shingles. Roofing is a little different from liquor, that’s for sure, but McDaniel quickly learned that applying the can-do work ethic and attention he’s known for helped him climb the ladder in no time. With his mother and stepdad, he is part owner of 1st Capital Certified Roofing, and is enjoying the heights of his new career.

What was your upbringing like, and what early career influences did you have?

I was born in Albuquerque, NM and raised in southern Colorado by my mom, who was a single mother. I spent a lot of time with my grandparents. My grandfather was always one who worked out in the garage in his wood shop, where he built things by hand. As I grew up watching him – and being a young kid who wanted to play with power tools – I learned everything in the shop and was able to help him and my uncles out. My grandmother was a teacher and a painter and very artistic. I would sit and follow along, and then I could do it without lessons. I’m a person that learns by seeing and doing something instead of reading about it.

They were also potato farmers, so I saw a lot of hard work growing up on the farm, and that’s where my work ethic came from. Many of my aunts and uncles were athletes, and I got the athletic gene; they taught me at an early age that practicing the same thing over and over makes perfect.

Did you work in roofing after high school, or did you take another path?

I played football in high school here in Austin and got a college scholarship. I played one year of college ball, and just realized college wasn’t for me. My body was beat up; I was tired. I took some time off and got into retail selling tennis shoes;

How did you begin your career in roofing?

I transistioned to roofing when my stepdad, who owned 1st Capital Certified Roofing with my mom, fell off a two-story ladder and shattered an elbow, broke both wrists, and broke some ribs. Around that time, they had also lost a sales rep. I came from sales, so it was a natural fit.

I didn’t know much about the industry, but I had worked a little in construction here and there and was always handy in the woodshop. My parents brought me on – my mom assumed majority ownership after my stepdad’s accident – and gave me the opportunity to work my own hours. It was also an opportunity to get out of the liquor industry. I was hitting that age point where some of the older guys were telling me that if I was going to get out, I needed to do it at that time, or I would never leave the industry.

What was it like to transition from liquor sales to roofing sales?

I was always a guy who was willing to start at the bottom, put in the work, learn how to do it right and just get better at it.

When I first started roofing, I probably wasn’t very good at it. When I started, I was a Project Manager, and I started off slow. I educated myself and kept asking questions. I rode many days with my stepdad, learning the roofing process. He was Haag certified at the time and had been doing it about eight years at that point. I was a sponge absorbing as much as I could.

That first year, my parents saw how fast I grew and how much I was challenging them to change some things with the company. In 2019, they decided they should give me some ownership, although I’m currently the low man on the totem pole as far as ownership goes!

Were you a natural at getting up on the roofs?

My first high school job was construction, and I did manual labor – it was all on the ground, very little ladder work. I wasn’t on any roofs before I started working for my stepdad, and it was honestly scary the first time I had to get on one. I was 38 at the time; had I been 20 or 21, it probably wouldn’t have been as scary. Walking on a slope was different; there was a lot of crawling going on at first. My stepdad told me that

Josh McDaniel (far right) with his wife Ashley and his four oldest children.

the biggest safety equipment I had were my eyes, and that when I got to the top of the ladder, if my body said no, I shouldn’t get on it. He said there was no roof that was worth my life. Everybody I train now, I say the same thing.

What do you enjoy most about your work?

I enjoy talking with the owner and educating them, even if it’s not my job and I’m just helping one of my guys.

I also enjoy being able to help the community through our company. I was recently contacted by All State Agency Owner Paul Guerrero, who told me about Mrs. Harris, a widow who had a shoddy roof replacement that was leaking. The shingles weren’t even stapled down with roofing staples. Paul lined up a financial donor, I secured roofing material donations and my crew and I donated our time at a lower rate. Mrs. Harris was so happy and relieved, and it felt great to be able to help her.

What is a motto you live by?

My grandfather taught me something that is one of the biggest foundations for my growing up, which is “Can’t never did a damn thing and never will.” For someone to tell you you can’t do something is incorrect. You can do anything. You might not be good at it right now, but if you continue to practice, you can only get better.

Also, I was taught though sports that if you do the little things right, the big things will usually come easy.

How do you enjoy spending your free time?

I enjoy spending time with my family.

I have my wife Ashley, who is my rock and major supporter who deals with me more than anyone else. We have five children; the three oldest are daughters and the

Austin

two youngest are sons. Our oldest, Emily, is 16. My middle daughter, Hannah is 13. I have a 10-year daughter named Reese. I have a 2-year-old son who is named James after my grandfather and my wife’s grandfather. Our one-month-old is Cooper.

In my free time, I also like to be out in my garage woodworking and blacksmithing! I like to hang out with my kids by our pool in the summertime. We like to get outdoors and go red fishing, hiking and camping whenever we can.

It’s been a while since I’ve been hunting, but I do have an elk schedule for next year. I don’t watch a ton of TV except during football season.

Are any of your children showing a precociousness in roofing?

Things could change, but at this time, I would say Reese will be the one who works for us. The kid is fearless. She likes being around and out there with the guys, and she is not afraid to tell the crew to get back to work! She has been that way for a couple of years now.

What are your plans for the company?

We’re growing sales-wise, and I need to get the company side of it caught up to the times; I feel we’re a little archaic.

Eveything is pen and ink on paper, and we need to be paperless. I’m also doing drone work; one of my guys is FAA licensed to fly drones legally. We’re diving into artificial intelligence software that can determine how many hail hits landed on a roof, too. We have also reset our commercial roofing program; we made some changes and are ready to rollout our new commercial roofing program at the first of the year. We’re joining the apartment association to get into multifamily and HOA work.

1st Capital Certified Roofing is in Austin. –mjm

CONSTRUCTION NEWS

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Austin Construction News • January 2022

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Cheer squads

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he construction industry enjoyed all the happiness of the holiday season, with several companies spreading cheer by way of merry meals, tree trimmings, ugly Christmas sweaters and charitable contributions. –mjm

McCar Companies

CertaPro Painters of Austin

American Constructors

Gage Multifamily Services

Grind Time Rock Milling

McCarthy

Swinerton

Austin Commercial

Mtech-Icon

Sunland Group

QA Construction

GSC Architects

STG Design

Service Tech

Camp Construction Services

Urban Dirt

Lauren Concrete

BigFoot Concrete Pumping

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Austin Construction News • January 2022

The party was lit

eeing the holiday lights took on a different meaning when National Association of Women in Construction’s Austin chapter members attended NAWIC’s Dec. 8 holiday party. Hosted under the chandeliers and pendants at

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Ferguson Bath, Kitchen & Lighting Gallery, members competed for “Most Festive Outfit,” enjoyed a white elephant exchange, and donated to Blue Santa’s Adopt-a-Family. –mjm

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Two-part party

he Austin chapter of the Associated General Contractors (AGC) filled the Driskill with merry members who were there to celebrate the season, and also present for another reason. Dressed in

their finest business casual, guests at AGC’s Dec. 7 holiday party took a moment at the occasion to fête AGC’s 75th anniversary as well. –mjm

In high spirits

oliday spirits were high at Austin’s High 5 Entertainment, which set the scene for a good time and giving back on Dec. 2. At Associated Builders and Contractors of Central Texas’

holiday party, ABC members dropped off an unwrapped toy or item to benefit Ronald McDonald House before enjoying food and fun at the entertainment venue. –mjm

Resource Guide Subcontractors

Service Providers

Truck & Equip Dealers

For info: Buddy Doebbler - Buddy@ConstructionNews.net 210-308-5800

Austin Construction News • January 2022

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ACCOUNTING Avoiding Payroll Tax Surprises Steven Bankler, Owner Steven Bankler, CPA, Ltd. San Antonio, TX

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usiness owners in the construction industry need to adjust their workforce continually, which can lead to complicated payrolls. The IRS and the state of Texas have a vested interest in you getting payroll right, though, because employment taxes are a huge source of revenue for them.

The Texas Workforce Commission (TWC) is tasked with auditing Texas businesses over state payroll tax issues. According to TWC, businesses are usually flagged for one of four reasons: • A former worker files an unemployment claim. If no wages were reported for that claimant, an investigation may be initiated.

• A competitor or someone else reports that an employer may be misclassifying its workers.

• A random audit of the employer is performed as part of TWC’s goal of auditing 2% of Texas businesses every year.

• TWC decides to target a specific industry or geographical area (the construction industry has been targeted in past years).

As you can see, misclassifying workers as independent contractors is a significant trigger. Misclassifying a worker as a contractor when they really operate as an employee means they’re on the hook to pay their own employment taxes, which doesn’t happen as often as it should. In 2014, the Fort Worth Star-Telegraph reported that nearly 40% of Texas construction workers were misclassified.

The problem contributed to a $1.2 billion-a-year loss in tax income for Uncle Sam. So, of course, they’d like to prevent that from happening.

There could also be payroll deduction problems that cause your business to be flagged. Many of these can happen by accident. Examples include child-support garnishments ordered by the court that bring a worker’s wages below the minimum wage and employee loan deductions that aren’t approved in writing per Texas Payday Law.

So how does the IRS get involved? If TWC finds an employer failed to report wages and pay taxes correctly, back taxes and interest are assessed. At that point, TWC will likely inform the IRS that the business isn’t entitled to a federal tax credit for the wages in question, which, in turn, can lead to an IRS audit.

Payroll issues can become a huge legal issue particularly when employment taxes are collected from paychecks but not paid to the state or IRS. With the complexity of bookkeeping on construction projects, it’s a law that often trips up contractors. And when that happens, each business owner and manager in charge of payroll can be held personally responsible for the overdue bill.

The IRS assesses about 6 million civil penalties amounting to over $6 billion dollars for employer payroll tax issues each year. Some of these violations are due to what the IRS considers a “willful” failure to pay or even a “reckless disregard” for not acknowledging when bookkeeping is being mismanaged. Either way, business owners and every other person responsible for running the business or distributing payroll can be held personally accountable. In those cases, the IRS can dole out individual trust fund recovery penalties and, sometimes, even criminal charges. More than 100,000 individuals face these penalties at any given time with an average price tag of more than $90,000 a person.

The best way to avoid these surprises—big and small—is to maintain excellent payroll records and timely payments.

“Many audits result in no finding of anything wrong and are finished within a few hours, depending upon how well the employer has been keeping records of workers and payments to workers,” TWC states. Those records can include canceled checks, time cards, cash vouchers, petty cash, filed tax forms, TWC tax reports, chart of accounts, profit and loss statements, and more. Chances are, the tax examiner will not require most of these records, but it’s better to be safe (have them ready) than sorry.

Working with a CPA from the start can help ensure regulations are followed.

They can also represent you before tax auditors if that dreaded payroll audit letter does arrive. You may find that reputable payroll help on a regular basis is necessary, too. Payrolls often become unmanageable to the point where mistakes start mounting: 1. During rapid business growth. When a business grows quickly, the owner sometimes has no choice but to trust newly designated employees to stay on top of the books for them—often with little to no oversight.

2. While taking on projects outside your local jurisdiction. Are you taking on multistate or out-of-state projects? Employees are generally subject to the income tax withholding of the state in which they work (not the state in which the employer is located).

3. When adding to your temporary labor force. As stated before, the IRS has a keen eye on labor classification—especially for those in the construction industry—since employment violations in this area are common.

4. When upgrading to the latest payroll systems. Moving to a paperless payroll system can save you and your employees time and effort, but it can also lead to data security issues and other oversights.

“I thought it was happening automatically” isn’t a great excuse when facing IRS scrutiny.

5. As paperwork requirements become overwhelming. Construction businesses are often required to submit additional forms many other businesses don’t need to worry about.

Look for these indicators and take actions to correct payroll issues before it’s too late. Remember that you (the employer) are ultimately responsible for payroll taxes no matter who in your organization misses the boat.

Steven Bankler has more than 44 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.

INSURANCE Are Your Tools/Equipment Properly Covered?

Reginald Mahadeo Agency Owner Reginald Mahadeo Insurance Agency, Inc. Austin, TX

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n 2020, about 4.61 million reported cases of larceny-theft occurred in the United States. The good news is the number of larceny-theft cases has decreased since 1990. However, the bad news is a BJS annual survey (Pew Research) found that just one-third of all property crimes are reported – so the actual number of thefts is underreported.

For contractors, tools and equipment are a definite target of opportunity for theft. Whether in your vehicle or equipment that is left on the job site overnight, having the appropriate property coverage is essential. Your policy should cover both large equipment as well as small hand tools – wherever they are stored. Generally, tools and equipment can be listed in two ways on a policy: First, unscheduled, or blanket tool coverage, provides a blanket amount of coverage for tools that are valued under $2,000 per item. These tools don’t need to be listed individually, rather, adding up the total value of your tools (under $2,000 in value), will provide you with a limit of insurance to cover the sum of all these tools on a blanket basis.

Secondly, scheduled tools or equipment is designed for higher value items of $2,000 or more in value. Providing a list of the tools/equipment provides each covered item and its value. Listings of these tools and equipment would include items like bulldozers, trenchers, generators, etc.

Your policy can include a mix of blanket tool coverage and scheduled tools items, so you should see both limits of insurance on your policy. Also, to assist with any future claim, you should always keep receipts and proof of your tools, including photos. This information will definitely help in the event of a claim.

Your policy could also provide coverage for tools or equipment that are rented.

Instead of purchasing this coverage at the rental store at a much more expensive rate, you can add this endorsement to your policy. This blanket amount of coverage can be used as evidence of insurance for the rental store to avoid this additional rental expense. Check with your agent to see if this coverage is available.

One other coverage that can sometimes be overlooked is coverage for contractors’ installation – that is, direct physical loss or damage to materials, supplies, equipment, machinery, and fixtures which are being installed. Coverage would be covered while at any job site while awaiting or during installation. In addition, coverage would also apply while in transit or at a temporary storage location. Unfortunately, these are common occurrences for the small businesses that should be considered when reviewing your insurance coverages.

Our agency is available to assist you with a coverage review so give us a call if you have questions. We’re here to help educate our prospective clients so you can make the best insurance decisions for your business.

Born in Jamaica, but grew up in Houston, TX. Occasionally my friends well get to experience hearing my Jamaican accent from time to time. I have learned to keep my Jamaican roots close

and so if I get a recommended Jamaican restaurants, I will make sure to try it out.

Houston has some good spots.

I attended Texas A&M University, where I acquired my Bachelor of Science Degree. I also obtained my Masters in Science Telecommunications Management from Oklahoma State University. I make sure that I always keep learning because there is always something new in my profession that helps me with my clients, business partners or even my children. If I do get an opportunity down the road, I would like to teach a class.

Personally, I have always known in my heart that I wanted to have my own business, be my own boss. I was fortunate to develop skills along the way until I found my path, Farmers Insurance. I wanted my children to see that there is a way to pave the road if you work hard enough. Also, I had them in mind when I think of what I want to leave behind as my legacy, whether it be my kids and/or grandkids.

In 2004, I started my journey as a Business Owner with Farmers Insurance in Houston. I will say that it took a lot of grit to get through a lot of trials, but things worked out for me and had amazing clients to even this day reach out to me for help. While I enjoyed the opportunity of establishing my own business, I accepted a District Manager position in 2011. I wanted to teach others this great opportunity I was given and the doors it opened for me. I will always have legacy in mind when helping others to do better for themselves and their family.

In 2019, it came full circle and I decided to rejoin the agency owner ranks with Farmers Insurance. This meant I could again own my own agency and now teach my children how to run a successful business to take over one day. I didn’t start from the ground up like I originally did. I purchased a large agency that were planning to retire. This was a new opportunity Life was providing me. I inherited the prior staff who are experienced in Personal lines (Auto, Home, Umbrella, Rentals, Boats, RVs, etc.), Commercial Business and Life insurance. I’m licensed in Farmers Financial Services, and what this means is 401Ks, college funds, retirement, etc. My future plan for my agency is to be a one stop shop for all needs my clients need. I am fortunate to add departments within my agency to better assist my clients. I have a Personal Lines Department and Commercial Department who Gerard Galvan over sees. We want to provide a satisfactory experience for all new clients and current.

Best wishes in 2022!

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Austin Construction News • January 2022

OSHA

LEGAL Third-party Adjudicators are Arbitrators?

Cold Stress Joann Natarajan Compliance Assistance Specialist OSHA Austin, TX

Alfredo Montelongo Associate Cokinos Young Austin/San Antonio/Houston, TX

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our construction contract may be subject to arbitration even if it never mentions arbitration.

Anyone who has done construction work for a city in Texas is familiar with clauses that designate the city engineer as a third-party adjudicator of any and all claims and disputes. While unfair (after all, it is the city’s engineer), the Texas common law has held that the parties are free to designate whomever they wish as a third-party adjudicator as long as his decisions are binding on both parties. Tex. Dep’t of Transp. v. Jones Bros. Dirt & Paving Contractors, Inc., 92 S.W.3d 477, 482-83 (Tex. 2002). Thus, to obtain government contracts, contractors often have to perilously agree to waive the right to litigate claims and to instead agree to submit them to a biased party.

That is not to say one cannot challenge a third-party adjudicator’s decision. One can. However, it is difficult to overturn such a decision. A third-party adjudicator’s decision is “final and conclusive: unless in making it he is guilty of fraud, misconduct, or such gross mistake as would imply bad faith or failure to exercise an honest judgment.” City of San Antonio v. McKenzie Const. Co., 136 Tex. 315, 326, 150 S.W.2d 989, 996 (1941). One example of gross mistake would be departing from the terms of the contract in reaching a decision. Jordan Paving Corp. v. Tex. Dep’t of Transp., 03-04-00782-CV, 2009 WL 1607916, at *4 (Tex. App.—Austin June 3, 2009, no pet.).

In an ongoing case against the City, our client argued that the City Engineer’s decision regarding our termination claim should be set aside for the gross mistake of misapplying the contract. To our surprise, the City responded with a Motion for Res Judicata, claiming that the matter had already been decided by a court of competent jurisdiction, i.e. the City Engineer. Baffled, we responded simply that the City Engineer is obviously not a legal court. The district court agreed with our assertion that the City Engineer is not a court of competent jurisdiction and denied the motion.

Nevertheless, the City appealed, arguing that the City Engineer is considered an arbitrator, and its decision an arbitration award, thus making it a court of competent jurisdiction for the purposes of res judicata.

First, the City relied primarily upon a case in which the court referred to the third-party adjudication provision as an “arbitration procedure . . . [,] which provides the Engineer was referee in all question arising under the contract.”

Austin Bridge Co. v. State, 550 S.W.2d 135, 137 (Tex. Civ. App.Waco 1977, writ refd n.r.e.). The City also relied upon a case in which the court actually called the city engineer an “arbitrator.” City of San Antonio v. McKenzie Constr. Co., 150 S.W.2d 989 (Tex. 1941) (“the contract ... in a very comprehensive and certain way, constitutes the engineer Col. Crecelius, the arbitrator

or umpire . . .”). In these cases, the courts deemed the city engineer’s decisions on contractual questions to be “final and binding” and “given the same effect as the judgment of a court of last resort.” Id. This, the City argued, meant that the City Engineer was the same as an arbitrator, and that his findings cannot be set aside, except for limited circumstances.

The City also argued that our client had agreed in the contract that the City Engineer would be an arbitrator, despite the words arbitration and arbitrator never showing up in the contract. The City argued that a clear designation was unnecessary and that merely saying that the City Engineer would make “final and binding” determinations on claims meant that our client agreed the engineer was an arbitrator.

There are obvious flaws in the City’s argument. The City’s own case law discusses successful challenges to city engineer’s decisions based on fraud, misconduct, or gross error, so even though the decisions are “final and binding” in name, in practice they are anything but. Also, if a city engineer’s decision could satisfy the elements of res judicata, it would effectively negate accepted jurisprudence that such decisions can be challenged for fraud, misconduct, or gross error.

But if the City’s appeal is successful, it would mean that a city engineer’s decision is indeed an arbitration award and that the only way to challenge such a decision would be to vacate the “award,” in accordance with arbitration law. According to the Texas Supreme Court, arbitration awards may be overturned for fraud and misconduct (among other causes), but not gross error. Hoskins v. Hoskins, 497 SW 3d 490 (2016). Given that gross error includes a city engineer’s misapplication of a contract’s provisions, such a change would remove the most common cause for overturning a city engineer’s decision. Thus, the odds of successfully challenging a city engineer’s decision would decrease from unlikely to near-impossible.

While it is unlikely that the Fourteenth Court of Appeals does designate the City Engineer as an arbitrator, it will be interesting to see if the court does rule on the issue and, in doing so, eliminate the confusion of whether a third-party adjudicator is considered an arbitrator.

Alfredo Montelongo’s practice focuses on commercial litigation and construction law. Alfredo was born and raised in Corpus Christi, Texas and grew up around his parents’ law firm. Alfredo is a graduate of Harvard University and Stanford Law School.

Alfredo can be reached via email at amontelongo@cokinoslaw.com or by phone at 713-535-5561.

Hypothermia occurs when body heat is lost faster than it can be replaced and the normal body temperature (98.6°F) drops to less than 95°F. Hypothermia is most likely at very cold temperatures, but it can occur even at cool temperatures (above 40°F), if a person becomes chilled from rain, sweat, or submersion in cold water.

What are the symptoms of hypothermia?

Mild symptoms: • An exposed worker is alert.

• He or she may begin to shiver and stomp the feet in order to generate heat.

Moderate to Severe symptoms: • As the body temperature continues to fall, symptoms will worsen and shivering will stop.

• The worker may lose coordination and fumble with items in the hand, become confused and disoriented • He or she may be unable to walk or stand, pupils become dilated, pulse and breathing become slowed, and loss of consciousness can occur. A person could die if help is not received immediately.

What can be done for a person suffering from hypothermia?

• Call 911 immediately in an emer- gency; otherwise seek medical assistance as soon as possible.

• Move the person to a warm, dry area.

• Remove wet clothes and replace with dry clothes, cover the body (including the head and neck) with layers of blankets; and with a vapor barrier (e.g. tarp, garbage bag).

Do not cover the face.

If medical help is more than 30 minutes away: • Give warm sweetened drinks if alert (no alcohol), to help increase the

body temperature. Never try to give a drink to an unconscious person.

• Place warm bottles or hot packs in armpits, sides of chest, and groin.

Call 911 for additional rewarming instructions.

If a person is not breathing or has no pulse: • Call 911 for emergency medical assistance immediately.

• Treat the worker as per instructions for hypothermia, but be very careful and do not try to give an unconcon- scious person fluids.

• Check him/her for signs of breathing and for a pulse. Check for 60 seonds.

• If after 60 seconds the affected worker is not breathing and does not have a pulse, trained workers may start rescue breaths for 3 minutes.

• Recheck for breathing and pulse, check for 60 seconds.

• If the worker is still not breathing and has no pulse, continue rescue breathing.

• Only start chest compressions per the direction of the 911 operator or * emergency medical services • Reassess patient’s physical status periodically. *

Chest compression are recommended only if the patient will not receive medical care within 3 hours. natarajan.joann@dol.gov 512-374-0271 x232

Industry FOLKS Kyle Anderson

Regional Manager

Dewalt Power Tools Austin/San Antonio, TX

B

orn and raised in Lubbock, TX, Kyle Anderson didn’t realize just how small a town Lubbock was until he moved away. He worked his way through college where he attended and graduated from Texas Tech University - Go Raiders!

While at Texas Tech, Kyle met his wife of 22 years, Kelly. “My parents, both sisters, wife and her sister all went to Tech.”

He earned his undergrad in business marketing. “I thought I wanted to be a buyer, but everyone told me I should go into sales. Apparently I like to talk, so I gave it a try and DeWalt hired me straight out of college in 1997 when they were recruiting at Texas Tech.

“A couple guys from DeWalt that had graduated several years before had come back to see if they could hire entry level sales. Once I interviewed, DeWalt was pretty much the only company I wanted to work for. I started in Phoenix in 1997 and moved six times – Phoenix, Austin, Houston, St Louis, Houston and then to San Antonio in 2005.”

Kyle leads DeWalt’s field team who work with contractors, engineers, safety managers and distributor sales reps to bring solutions on the jobsite. He covers most of Texas so some weeks he sees a lot of windshield time.

“We are the only American-based tool company left. Everyone else’s corporate headquarters are based overseas. We produce more domestic products than any other tool company. I enjoy talking about what our team can do to help make contractors safer and more productive. Our team is focused on contractors and their needs. We also work with several organizations that help get veterans into the construction industry.”

Kyle’s wife is a therapist and says she has yet to fix him. She primarily works with women dealing with anxiety, depression and life events. They have two daughters, 16-year-old Maggie and 14-year-old Molly. Both are involved in volleyball, church and animals. “People cringe at having two teenage girls but mine are exceptional.

We are very blessed.”

Kyle hunts, and hunts a lot. He is about to leave for Colorado where he will spend nine days in a tent. “It’s mostly about spending time with some good friends.” He also enjoys reading, homebrew, bourbon and the occasional cigar.

Additionally, he and his family are very active in their church and community. “I think that every day I am vertical to be a blessing. You only get one more day, how will you spend it?” -cmw

Austin Construction News • January 2022

Page 9

Kicking off the Year on the Water

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

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inter weather patterns seem to be getting later and later in the year as time goes on. As I write this column, it’s mid-December and we still have not had a freeze in South Texas. Actually, I really don’t think the temperatures have been in the 30s at all. Winter weather usually starts in January and lasts through the end of February here in South Texas. Last year’s devastating freeze occurred the week of February 15 and lasted five days with below freezing conditions. Scientists say it’s unlikely that another cold spell like the one that swept across the state in February will happen this winter.

The National Oceanic and Atmospheric Administration forecasts a warmer-thannormal winter for Texas due to continued dry La Niña conditions — although last winter was also during a La Niña year.

Air temperatures tend to fall and rise quickly after cold fronts hit the Coastal Bend. We may have a couple of days in the low to upper 40’s and then we see a rise into the upper 60’s after a front.

Water temperatures don’t usually recover

Have an Outdoor Story or Photo? Share them with us!

H

Fishing • Hunting Camping • Hiking • Biking Racing • Rock Climbing Any outdoor activity or sport!

Send to: Melissa@ConstructionNews.net www.ConstructionNews.net

Marv Klein was on a roll on this cold winter morning. This redfish measured 26.5” and gave him on heck of a fight. Photo by Steve Schultz Outdoors.

that quickly and need longer warmer days to raise the temperatures several degrees. Fishing these cooler waters can be challenging to say the least so here are a few tips to take into consideration when setting out these next few months.

1. Look for areas where water temps are slightly elevated. Channels that drain flats are a good example. Following a high tide early in the day, sun-warmed waters coming off of a flat late in the day, can draw in trout like a magnet.

2. Look for weedbeds and rock structures. These areas absorb heat on sunny days, and can be noticeably warmer than the surrounding waters.

3. Leave the topwater lures in your tacklebox, and work near the bottom.

After significant cool-downs the specks will often shuffle off to deeper areas and the topwater bite can be completely shut down. Bouncing jigs along bottom is of-

ten going to be a much better bet.

4. Up-size your offerings. When it gets cold out, the fish want to minimize their caloric expenditure and maximize their potential caloric reward. They become much less inclined to go chasing after small prey, and instead focus on larger meals when they need to feed. As a result, the four-inch lures that were so effective a while back but may go untouched, while the six-inch lures that you normally reserve for larger predators may become a whole lot more effective.

5. Slow down your retrieve. This doesn’t necessarily mean you should work your lures any less vigorously and, in fact, specks often continue to respond to very erratic retrieves when the water temps drop. However, how quickly you move that lure over long distances does make a big difference. Again, this is because the fish don’t necessarily want to go on a wild goose chase that may or may not end up

Up-sizing to larger lures during winter months may entice larger fish to feed once or twice a day instead of chasing smaller offerings, therefore saving valuable energy.

with them burning off more energy than they’ll gain. So continue to work that rod tip, but slow down your cranking hand.

Here’s another tip to remember when fishing cooler water conditions.

Trout and redfish will sometimes reduce the tidal window they feed in. What was once a two-hour bite can turn into a 45-minute bite. So if you catch some fish in quick succession and then the bite totally dies off on a change of the tide, consider targeting a different species until the next feeding times occur.

I have already started to fill the calendar for the upcoming 2022 season.

Don’t wait till all the good dates are gone! To schedule your next bay fishing or hunting trip give Capt. Steve Schultz a call at 361-813-3716 or e-mail him at SteveSchultzOutdoors@gmail.com.

Good luck and Good Fishing.

Page 10

Austin Construction News • January 2022

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

There You Go!

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ell, here we are, standing on the front porch of a whole New Year! After the last couple of years and all the surprises and challenges contained in them, you may be like me – one part cautious, one part curious and one part exited to see what’s next!

It’s time to check out your nice new calendar and write in some important dates and things to do.

January is time to shift gears. Hunting season is mostly done for now, so clean and put away your guns and other hunting gear for easy access when hunting season rolls around again. Don’t stop feeding the deer though! Just because you aren’t going to be hunting doesn’t mean life stops in the pasture. On the contrary, there are a lot of does out there who are gestating your future deer herd.

Keep them fed until spring rolls around so they don’t have to go hungry.

If you are a fisherman, now is the time to get your equipment ready. You do not want to be they guy at the boat ramp in April whose motor won’t start because the carb is gummed up, etc. That will make you they guy who can’t go fishing because he’s in line waiting for boat repair during the busy season. Check it out now and get it ready in the off season.

Same goes for maintaining your rod and reels. You don’t want old line to snap under the strain of a nice fish. Be sure you have fresh line and smooth working reels and check for damaged rod eyes that can nick your line.

February will be time for white bass to run upstream to spawn in any water body they inhabit. That might even be earlier this year since the weather has been mild so far. I know a lot of anglers love to chase the white bass run because they are easy

to catch, (fantastic for beginning anglers!), and good to eat. Crappie are easily caught around structure and in shallow water on sunny days too. They are lots of fun and the very best eating fish there is.

Stripers and hybrids should be schooling and feeding good too. Watch for the birds to show you where.

As the weather warms back into spring and summer, watch for the fish that ran upstream to spawn to be working their way back downstream. Stripers and hybrid fishing is at it’s best about then, so put it on your calendar to catch them while they are hot! Be sure to keep an eye out for the deer to be dropping their fawns too. Those little guys will be everywhere.

Enjoy those nice warm days on the water, because along about the time summer sets in hard and you start to have had enough of the heat, you need to get back to work in the pasture to get ready for the return of hunting season!

Get on out there to clear the wasps and spiders out of the blinds, check out and repair the feeders in case the squirrels and raccoons and hogs have messed them up in the off season. Most important that time of year is to be sure your deer can find enough water to stay nearby. Feed brings them in, but lack of water will draw them away.

There you go! Now that you have your priorities straight and your calendar marked, you already have a jump on this new year! You can fill in the rest of the incidental stuff as it comes. At any rate, have a great New Year!

Austin Construction News • January 2022

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Page 11

A stroke of good buck

iberty Signs Owner Bill Holloway and Vice President of Business Development Jody Powell enjoyed the best that hunting

season had to offer in Doss, TX. On Nov. 27, Holloway nabbed a 13-point buck and Powell’s scored an eight-point prize. –mjm

Bill Holloway’s 13 pointer

Jody Powell’s eight-point buck

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Duck Rogers

ohn Rogers and his dad Donnie Rogers Sr., both of Firetrol Protection Systems in Austin, slipped away with brother/son Donnie Rogers Jr. for a Christmas Eve duck hunt near El Campo,

TX. The trio didn’t come away empty handed: among the best of what they brought back were a few Cinammon Teal ducks. –mjm

Getting their ducks … in a row! (Front to back) John Rogers, Donnie Rogers Sr. and Donnie Rogers Jr.

The Rogers’ family hunt yielded these colorful Cinnamon Teal ducks.

A hunting he will go

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n a recent trip to northwest Kansas with family, Mark Mann was hunting more than birds. Although he shot about 25 quail and pheasant over three days near Stockton, the Owner of Tree Mann Solutions was also hunting the mighty trees in the area.

“Who knew northwestern Kansas had such monster trees hiding amongst the plains!” Mann mused. “An arborist is always going to hunt monster trees along with the birds!” –mjm

Mark Mann (far left) enjoyed a quail and pheasant hunt in Kansas.

Mann, an arborist, took time to hunt down huge trees, like this 500-pointer.

Page 12

Austin Construction News • January 2022

Supporting Salvation

Holiday dinner

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he Central Texas Subcontractors Association (CTSA) and its members gathered at The Oasis on Dec. 14 for the association’s Holiday Dinner. Retired Round

Rock Officer Jerry Hallford was the evening’s guest speaker. Accompanying Hallford was his wife, Williamson County Judge Brandy Hallford. -cmw

It’s the season for giving, and GarzaEMC gave back to its community Dec. 22 by volunteering at The Salvation Army in Austin, one of the company’s favorite charities to support. –mjm

BJ Electric and HR Marc employees and owners

John Carter, Floyd’s Glass and Dale Read, Alpha Painting

BJ Electric employees and spouses

L-R: Bill Anderlohr, Kristi Anderlohr, Judge Brandy Hallford, Speaker Jerry Hallford and Jessica Mosman, Financial Integrated Solutions

Retired Round Rock Officer Jerry Hallford speaks at the CTSA Holiday Dinner at The Oasis

Road-eo drive

LA Tech students beat out five other teams in TXAPA’s 2021 Asphalt Road-eo.

I

t’s not Texas Asphalt Pavement Association (TXAPA)’s first road-eo, but that didn’t make it any less exciting! The association’s 2021 Asphalt Road-eo, which is a pavement forensic investigation competition, was hosted virtually Dec. 17.

Competing were six teams from the University of Texas at El Paso, Texas State, University of Oklahoma, and Louisiana Tech. In the competition, all teams were provided the same forensic case of a pavement that failed prematurely. Each team then carried out a forensic analysis of the failure using the information provided and prepared a presentation. In their presentations, each team explained the process they used for the forensic analysis, what they discovered from their analysis, and what they concluded as the likely causes of the failure. Only undergraduate students qualified for the competition. Each team was paired with a mentor from the industry who had

experience in asphalt materials and pavements, but the mentors were required to have a hands-off approach to let the students lead and conduct the research.

A team of four from LA Tech – Charity Durr, Noah Savoie, Robert Dixon, and Mason Macaluso – won the event, with a duo from UTEP, Sarah De La O and Paola Delgado, hailed as the runners up. Like last year, the event was virtual due to the pandemic, but the Buda-based association has high hopes that the event will be hosted in-person next year.

Thanks to TXAPA members’ recordbreaking contributions to the TXAPA Scholarship Program, the association was able to award each individual from the winning team $2000 – compared to $1000 in years past – while the runners up were awarded $1000 for their hard work. –mjm

Austin Construction News • January 2022

Page 13

Association Calendar

What would you like to be different in 2022?

Content submitted by Associations to Construction News ABC Associated Builders & Contractors Jan. 7: CPR/First Aid Training Jan. 11: Lien Law Update presented by Shelly Masters of Cokinos | Young Jan. 12: Membership Breakfast, The Headliner’s Club, 221 W. 6th St. Jan. 26: Coffee and Contractors with Flintco LLC For more info, call Brian Bisgard at 512-7195263 or email bbisgard@abccentraltexas.org ACEA Austin Contractors & Engineers Association Jan. 13: Membership Luncheon, Norris Conference Center, 2525 Anderson Ln., 11:30am1pm. For more info, contact Silvia Pendleton at 512-893-7067 or email silvia.pendleton@ aceatx.com AGC Associated General Contractors Jan. 7-8: UTA-ETI – Pollution Prevention and Lean Principles Workshop, 8am-5-m.

Jan. 9: ARC Adult First Aid/CPR/AED, 8am12pm.

Jan. 11-14: UTA OSHA – Safety, Health and Environmental Risk Management (SHERM) Principles, 8am-5pm. For more info, contact Toni Osberry at 512-442-7887 ASCE American Society of Civil Engineers Texas Section Jan. 6: Changing Climate Virtual Meeting Series, 1-2pm.

Jan. 13: Changing Climate Virtual Meeting Series, 1-2pm.

Jan. 24 - Feb. 25: Designing for Tornadoes: New Requirements in ASCE 7-22 CE, 12-1pm, $645 Member, $795 Non-member.

Jan. 31 – Feb. 4: ASCE UCLA Lifelines 2022 Conference. For more info, go to www.texasasce.org CTSA Central Texas Subcontractors Association Jan. 11: Lunch Membership Meeting, Pappadeaux’s, 11617 Research Blvd., Austin, TX. 11:30am-1pm. For more info, contact Wendy Lambert at 512-255-6373

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I-LinCP Institute for Leadership in Capital Projects Jan. 19: Austin/San Antonio Joint Chapter Luncheon, Embassy Suites Convention Center, 1001 E. McCarty Ln., San Marcos, TX, 11:30am-1:30pm, $45 Member, $60 Non-Member.

Jan. 28: 6th Annual Invest in Women Forum – Reinvention Evolution, Embassy Suites Conference Center, 1001 E. McCarty Ln., $175 Member, $200 Non-Member, $126 Government/Non-Profit.

For more info, contact Carla Bingaman at 512263-5521 or email Carla.bingaman@i-lincp. org NAWIC National Association of Women in Construction Jan. 12: Chapter Meeting, Rosendin Electric, 1033 Meister Ln, Pflugerville, TX, 5:308:30pm, $35 Member, $45 Non-Member. For more info, email Kaitlyn Powell at Kaitlyn. powell@ryancompanies.com NARI National Association of the Remodeling Industry Jan. 5: Forecast Meeting, Zilker Lodge Sunshine Camp, 2225 Andrew Zilker Rd., 11:00am1pm. For more info, Kayvon Leath at 512-9976274 or email kayvon@austinnari.org SEAot Structural Engineers Association of Texas Jan. 22: Virtual Chapter Meeting via Gotowebinar. For more info, call 512-301-2744 TSPE Texas Society of Professional Engineers Jan. 7: Engineer of the Year & Young Engineer of the Year Award Nominations deadline Jan. 12: TSPE Travis Luncheon, Maggiano’s Little Italy, 10910 Domain Dr., 11:30am-1pm, TSPE Member $40, Non-Member $50, Government Official or Full-time Student $30.

Jan. 19: Social Event, Cidercade, 600 E. Riverside Dr., 6-9pm. For more info, go to www.tspetravischapter.org

I would like there to be more labor. We don’t have enough labor to do what we do in our business.

Harley Blackburn, HB Construction In 2022, the goals are to be better at planning. With the shortages and supply chain constraints only seeming to be getting tougher, as a business owner, my goals are to definitely try to plan better and more accordingly.

Jared Amon, BioTex Foam Insulation When I think about the American Institute of Architecture (AIA) Association – and as President, that’s a lot of what I’m going to be up to this year – I’m really interested in taking stock and understanding this emergence from this pandemic. I think all of us are ready to get back to something that we recognize, but I’m interested in what we’ve learned. We have learned some profound lessons, and I’m interested in us learning from this experience and making sure that we use those lessons to make us better going forward.

Dan Hart, Parkhill For 2022, I would like to take advice from one of my mentors that I met a in a class a few months ago. He said, “Josh, a roof is just a roof. It’s not going anywhere. Make sure you’re spending time where you need to spend time.” For me, this means I need to turn off my work clock at 4:30 or 5:00 every day and get home and hang out with family, especially my 2-year-old and 1-month old sons. My family also wants to go camping more; we love the outdoors.

Josh McDaniel, 1st Certified Capital Roofing What I want in 2022 is more positivity and less negativity in our lives, news and political actions.

Michael Nielson, Midwest Drywall Co. Inc.

In 2022, I would like more people to live by faith than fear and have a positive outlook on what they can achieve through perseverance and hard work.

Mark Mann, Tree Mann Solutions We would like to get two more salesmen for the Austin market and get a physical office as well. More salesmen allow us to cover more accounts on a regular basis.

An office for the salesmen and the current technician we have will allow for a place where clients can come in for meetings and we can offer in-house trainings for our clients.

Bryan Sublett, McMillan James Equipment Company In 2022, I would like people to smile more.

We are so blessed to do what we do in the great state of Texas and things always work out so much better when we have a thankful heart.

David Phillips, Ja-Mar Roofing In 2022, I would like to see people be more courteous and understanding of others in the world, both professionally and personally. We live in a great country that allows individuals to make choices based on their own personal beliefs and we should respect those choices, even if it’s not the choice we would choose.

John Rogers, Firetrol Protection Systems Inc. In 2022, I’d like to see a return to civil discourse. It’s the cornerstone to our country. Our current culture is detrimental to democracy and capitalism. I miss the days when we could respectfully disagree and have an informative discussion about it.

Cory Farris McCar Companies

Climbing high

Submitted to Construction News

Round-Up

Dunaway announces the hiring of Francisco Cuevas PE for its Central Texas team. Cuevas brings 15 years of experience in engineering design, coordination, and construction administration to his new role as Senior Disciple Lead in the company’s Austin office. Cuevas’ past projects include landmark high-rise office buildings within Austin. Cuevas earned a Master of Science in Structural Engineering and a Bachelor of Science in Civil Engineering from the University of Austin. –mjm Dave Dlugosh has joined Balfour Beatty’s Austin office as General Superintendent. Dlugosh brings over 20 years of construction experience to his new role, in which he will oversee the construction of all major commercial, healthcare, higher education, high-rise, and residential projects across Central Texas. Over the past eight years in Austin, he has completed several notable projects including the RiverSouth office building and Omni Resort at Barton Creek additions and renovations. –mjm McKim & Creed announced that Thomas (Tom) Ruschkewicz RPLS PLS has joined the engineering and surveying firm as Senior Vice President of geomatics. Ruschkewicz brings 30 years of experience in the geospational industry, with expertise in transportation, energy, telecommunications, and land development, and has served in leadership positions for over a decade. –mjm

Rhonda Bly has joined MAPP’s Austin office as Executive Director of Client Relationships. Bly previously owned her own business, and served in the construction industry in several capacities, including as Director of Business Development and Business Development Officer. Bly earned a bachelor’s degree for the University of Colorado in Environmental Design. She serves as Program Chair for Commercial Real Estate Women (CREW), is a member of the Management, Programs, and Sponsorship Committees with the Urban Land Institute (ULI) and a member of the Society for Marketing Professional Services (SMPS). –mjm

The Water Damage & Roofing of Austin team

A

lthough it was founded only a decade ago ago, Water Damage & Roofing of Austin (WDR) has already taken the area by storm (pardon the pun). In the past two years, the locally-owned and -operated company was named one of the “Top 50 Fastest Growing Companies in Central Texas” by the Austin Business Journal.

One of the founders, Brad Farr, gives the credit to his skilled employees and the loyalty of his customers.

“It has helped us grow into who we are today and to continue to grow into who we want to be as a company,” he says.

With the help of two friends who both had backgrounds in construction, Farr founded WDR in 2012. Farr, who hails from Pflugerville, honed his business and managerial skills by working in his family’s business. Since high school, he has started and run multiple businesses before creating WDR. Today, WDR offers water damage restoration and roofing services for commercial and residential projects.

Services include emergency water

removal, mold remediation, commercial roofing, metal roofing, residential roofing, roof repairs and total roof replacements. WDR is is particularly focused on metal, shingle, and large commercial roofing repair, installation and repair installation, and replacement.

Multi-family work is also on the service menu, with WDR servicing apartment complexes throughout the area. The company also cares about the planet, offering greenand environmentally-friendly metal roofing and metal roof services. The company serves the greater Austin area, traveling from Abercrombie to West Lake Hills.

Although Water Damage & Roofing of Austin employs a talented team of expert roofers, it’s not unusual for Farr or the other founders to personally check on the work themselves.

“We are so grateful to have an amazing team behind us,” Farr says. “I don’t think we could come up with a better group of people if we tried!”

Water Damage & Roofing of Austin (WDR) is in Austin. –mjm

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Austin Construction News • January 2022

continued from Page 1 — Ja-Mar Roofing & Sheet Metal

Industry FOLKS Dan Hart FAIA PE

Executive Vice President of Architecture

Parkhill

Austin, TX

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nside Dan Hart’s personal library is a book about famed architect Frank Lloyd Wright. It was once the only architecture-related book in his high school library, and it was gifted to him by the librarian who said he was the only student to ever check it out.

In fact, he had checked it out many times since he took the junior year geometry class that inspired his career path. He was fascinated by the tension between words and shapes in the textbook. That sort of tension is something he had observed in his own life as the son of a Physics professor who was also a missionary. When at age 8, Hart and his family evacuated Lebanon, Beirut, his dad became a pastor in Seymour, TX. “My dad was a man of faith and reason, a physicist and a pastor, and he held the tensions between those things very gracefully,” Hart said. “It made me interested in the threshold between things.”

Each textbook chapter ended with recommended career paths, and the word “Architect” jumped out at Hart. He quickly found the one book in the school library that had to do with architecture and devoured it.

“Needless to say, I decided to pursure architecture,” Hart says. “After high school, I went to Texas Tech and earned a civil engineering degree and an architecture degree.”

Hart’s first post-college job was at a firm that would utilize both degrees.

“I started with Parkhill as a

Structural Engineer, did that for four years and became registered as a licensed structural engineer. Since my firm does both architecture and engineering, I became an intern architect. I switched over and started on my architecture trajectory and never looked back.”

As he rose in his firm’s ranks to become Executive Director of Architecture, he became involved in the American Institute of Architects.

“My AIA career really began in earnest when I became President of the AIA West Texas chapter in 2000. I became a representative of that chapter on the state board in 2003. I was then elected President of the Texas Society of Architects. After my term, the state board elected me to the national board and then I was elected President-Elect in 2020. I have served as President-Elect this year; I was inaugurated as President in December and will serve through next December as President. To think there are 94,000 of us all over the world, what a priviledge it is to serve that level and to be a representative of all of those architects.”

The Austinite enjoys spending time with his wife Jennifer and his two grown children, Sam and Clara. He also savors long distance – albeit slow – running, especially through new towns on his travels. You can also still find him devouring architecture books. –mjm

Although it has been 16 years since Phillips took over the company for the couple, he hasn’t forgotten the vulnerable place he was in when his journey with JaMar began. Phillips was battling cancer and supporting his young family when he met the couple. He had just sold his interest in another roofing company and was in the process of starting an Austin roofing business after a hailstorm had hit the area. When the Better Business Bureau director mentioned Ja-Mar was for sale, Phillips felt God guiding him to learn about the company and to meet the McKinneys. The chemo had taken his hair and much of his strength, but the meeting filled him with hope about a future at JaMar. “They were strictly a mom-and-pop company,” Phillips remembers. “Marlyn ran the office and answered the phones and James sold the roofs and did the business. There was someone there parttime to help them administratively, and that was it. I looked at their previous years, and some years were under a million or around a million dollars in total gross sales. Our first full year in 2006 when I owned the company, we did $6 million. We were off to the races.”

In the 16 years since Phillips took on the role as President and CEO, Ja-Mar has grown in size as well. The company has a staff of 15 and does business with hundreds of subcontractors. A building in Buda was bought in 2011 and the company now boasts its own sheet metal

shop and manufactures its own metal roofing. Ja-Mar has also expanded its service area to the San Antonio market and all of Central Texas.

“It’s grown quite a bit from the early days,” Phillips says. “This office has been a nice facility for Ja-Mar. We have a first class showroom and 1.6 acres here right on I-35. Our customers can come in and see what kind of work we can do and see actual roof mock-ups in our showroom.

It’s been a really good place to do business, especially with the growth between Austin and San Antonio.

“I definitely am looking to grow more in the San Antonio market; we have people there and are looking to continue to grow there,” Phillips adds. “We are looking to add a gutter division to our company to bring our gutter work in house. That’s something we’ve always outsourced to good partners, but it has become such a necessity now to have better control of that. We have purchased our own equipment and plan to bring that in-house as well.”

With a tribute to the couple that started it all, Phillips can still get his daily hug in every time he walks through the door, and the motivation to continue.

“Their contribution to our industry and their integrity really shines through for me, and inspired me to carry on their legacy,” Phillips says.

Ja-Mar Roofing & Sheet Metal is in Buda. –mjm

continued from Page 1 — Whittlesey Landscape Supplies & Recycling

In memoriam...

Daryl William Ball, Chamberlin Roofing & Waterproofing Business Development Associate, passed away from cancer Dec. 7, 2021 in Klein, TX at age 59. Ball served as President of The International Institute of Building Enclosure Consultants (IIBEC) and was a member of Austin Association of Facility & Maintenance Engineers (AAFAME), Building Owners and Managers Association International (BOMA), and San Antonio Association of Building Engineers (SAABE). He also was a dedicated volunteer at Community First, a division of Mobile Loaves and Fishes. Ball is survived by his fiancée, sister, daughter, son, mother of his children, and his life-long friends. A memorial service was held and live

Whittlesey Landscape Supplies & Recycling float won third place at the Liberty Hill Christmas Festival.

Daryl William Ball

streamed Dec. 13 at Klein Funeral HomeChampions. Charitable donations on his behalf can be made to Community First or JH Outback. –mjm

opened a second location in Round Rock in the 1990s.

Today, the company offers a wide variety of mulches, compost and soil, and can also whip up specialty soils to the specifications of individual customers. It also has its own fleet of trucks for hauling, which is how it can spare a truck or two for local Christmas parades. Their generosity goes beyond pulling the local celebrated football team around at Christmas time. The company is known to help out Eagle Scouts with donated

materials so they can complete their community projects. They participate in the local summer fan drive during the hot months and help other groups with their charitable needs as well.

Whittlesey’s float at the Liberty Hill Christmas Festival was such a hit, the company won third place. However, the business will always come in first with their community spirit.

Whittlesey Landscape Supplies and Recycling has locations in Austin, Liberty Hill and Round Rock. –mjm

continued from Page 1 — McMillan James Equipment Company again to McMillan James Equipment Company. At that time, Mark James and Robert McMillan purchased ownership positions and earned themselves the title of “Partner.”

Two more partners, Isaac Henson and Jeff Langlitz, have since joined MJEC, and Houston, West Texas (Lubbock) and Central/South Texas (Austin) offices have been added as well. Today, MJEC creates custom heating, ventilation and air conditioning systems, plumbing and engineered solutions, with a specialty in variable refrigerant flow systems in Central /South Texas.

The Grapevine headquarters the company calls home has changed too, and for the better. In Dec. 2020, McMillan James moved into a new office with more than 22,000 sf of office space, 10,000sf of warehouse space and 3,000sf of entertainment space. Mark McMillan was excited that employees and customers

would have a place to gather and bond over bar games and beers, creating lasting memories and friendships.

The team members continue to add to MJEC’s continuum in their own meaningful ways. In each of the offices, there is always an occasion to celebrate: Christmas parties, Thanksgiving food drives, Halloween costumes, Lunch and Learns, blood drives, picnics, crawfish boils, happy hours – not many weeks pass by without something to write on the company’s social calendar.

Now, the second annual clay shoot will be on the horizon to enjoy in 2022.

Because as much as the company changes, one thing will stay the same: Creating traditions and spending time together – both inside and outside of the office – will ensure the team will stay the course for the next 35 years.

McMillan James Equipment Company is in Austin. –mjm

Austin Construction News • January 2022

Page 15

The build guild

I

t’s the most wonderful time of the year for EEA Consulting Engineers! The Austin crew gathered at the Austin Beer Garden Brewing Company for one of their favorite annual events, The Ghisallo Cycling Initiative’s “Hell Yes Project BuildA-Bike.”

The bikes that are built are gifted to children at Title 1 schools, the Austin Women’s Shelter and Safe Alliance, and Housing Authority City of Austin

Keeping Austin warm

Chalmers Courts for the holidays.

Sponsoring a bike is $250 each, which covers the bike shipping, build and helmet, as well as additional capacity for Ghisallo to host skills clinics and programs within Austin. EEA tries to raise more money than the year before to donate and build the bikes. Thanks to Employee Owner donations, EEA was able to build 10 bikes this year. –mjm

Cadence McShane Construction Company’s Preconstruction team volunteered at the Junior League of Austin’s December “Coats for Kids” drive. The Austin team also hosted a very successful coat drive in the CMCC office.. –mjm

That’s a wrap!

Aguirre & Field’s Austin team put a big bow on the holiday season by wrapping gifts for the Texas Society of Professional Engineers (TSPE) Travis chapter’s annual toy drive. –mjm

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A

RCO/Murray, a design-build company, constructed a 96,000sf, build-to-suit laundry facility for linen and uniform rental company Alsco at 449 Vista Ridge in Kyle, TX. The mixed plant services 7,500 customers in the greater Austin area. Plant operations began with a team of 150 employees. It serves as the company’s largest U.S. facility.

The facility includes a new 9,000sf office, a 6,500sf mechanical room and a 9,000sf second level mezzanine.

Led by Project Manager Justin Hearld and Superintendent David Rogers, ARCO/ Murray provided a complete design/ build solution including architectural and engineering design, permitting, construction and final equipment connections. The project was completed and turned over to Alsco ten days ahead of the contracted completion date.

Utility service upgrades included water, sewer, natural gas, and electrical.

An energy-saving ceramic filtration water recycle system is to be added to reduce water usage. The exterior walls are concrete tilt construction with an interior clear height of 28ft.

The equipment was provided by a mix of vendors including washroom equipment by Milnor and Ellis, rail by Ryco and Kannegiesser E-Tech, soil counting by Automation Dynamics, finishing equipment from Jensen, Leonard Automatics and Tingue Brown, and dryers from Ellis Ludell. Norchem supplied the mechanical room equipment.

ARCO/Murray is in Austin. –mjm

N

early 13 years have passed since BioTex Foam Insulation worked with general contractor Veritas Construction on the home of the owner of T. Morales Co. Good work, however, isn’t soon forgotten. When the electrical/ instrumentation company enlisted Veritas to construct its new Georgetown location, Veritas again brought in BioTex, which specializes in open and closed cell foam insulation, to perform work on the 15,000sf structure.

“Our scope was exterior wall insulation,” BioTex Owner and President Jared Amon explains. “Then there was a little bit of mixed roof deck, where we had to tie in the traditional insulation that they had gone with in the roof deck, to the actual wall, so we did some ceilings, but it was mostly exterior wall. We used open cell and closed cell, but the majority of it was closed cell.”

BioTex Crew Leader Jose Aguilar led the company’s three man A Crew on the project.

“It was multiple mobilizations,” Amon says. “The first time we went was Dec. 2, and the final mobilization was Dec. 15-21.”

Amon says that, for the new structure, the insulation application process for this project was standard.

“Spray foam is basically akin to painting the inside of your building. We apply a liquid that turns into a solid.

Closed cell is very durable, dense, adds up to 30% structural rigidity and is also a moisture retarder and a vapor barrier,” Amon says. “We take an A and a B chemical; they’re heated to a correct temperature inside of our rig. They then

Austin Construction News • January 2022

Alsco at 499 Vista Ridge in Kyle, TX

ARCO/Murray constructed a 96,000sf build-to-suit laundry facility for Alsco.

The Kyle, TX facility is Alsco’s largest in the U.S. The project was completed ten days ahead of schedule.

The equipment in the 6,500sf mechanical room was supplied by Norchem.

ARCO/Murray, Austin, TX

T. Morales Company flow through a proportioner which pressurizes and superheats it and sends it down a three-line hose: A, B, and air. It’s applied by a spray gun by a spray tech into the bay. We’re usually running anywhere from 130 degrees temperature wise to 150, final reaction temp of closed cell is 210-plus. We’re usually working with about 1,000 to 1,200 PSI. On this project, we used a little more than seven sets, which equates to about plus or minus 32,000 board feet.”

Even though the application was typical, the project came with “the typical challenges trying to work with and around other trades,” Amon says. “When spray foam is being installed, you have to have the area cleared. It’s toxic while it’s being sprayed, so you have to have the right PPE. We’re very dependent on other trades completing their scopes prior to us beginning, and the same could be said for trades after us; you can’t hang sheetrock until we’re done. We had to work around some guys and wait for some areas to be cleared but other than those typical challenges, it went smoothly. We try to be the easiest subs that any contractors work with.”

One challenge that didn’t affect this project – which Amon is thankful for – is supply chain issues, which have impacted the work of many in the construction industry.

“We have felt some effects. Supply chain has been a struggle since April 2020. My company has been very fortunate in the fact that we’ve been very loyal to our chemical manufacturers for the past nine-plus years, so we really haven’t felt too much of the pinch of the

BioTex Foam Insulation performed open and close cell insulation work on T Morales Co.’s new Georgetown location.

supply chain. We haven’t had to go without or put a single job on hold because we didn’t have material. We’re very blessed, and I recognize that because there are a lot of companies in my industry that can’t say that. “ Amon, who has been involved with the company (once his father’s) since 2009 and who has owned it since August 2020, is happy with the result.

“We had our final walkthrough Dec. 21,” Amon says. “Everybody was very pleased. The super for the GC was very happy. There were some change orders and things added, but everything got completed,” he says. “I think if they were to build again, we would have the inside

leg to gain their business. We have several more projects coming up with the GC very soon.”

As a a commercial and residential contractor, Amon is ready for whatever the future projects bring his way.

“We do anything from new residential construction to retail finish out for small commercial projects to ground up builds such as this one. We’ve worked on cold room storage that was a million-plus square feet to a 600sf retail finish out,” Amon says. “We’ll do it all.”

BioTex Foam Insulation Is in Georgetown, TX. –mjm BioTex Foam Insulation Georgetown, TX

Austin Construction News • January 2022

O

ne of Intertech Flooring’s most recent, most challenging, and most impressive wood floor projects caused Project Manager Billy Chrzan to impart some words of wisdom: “We learned a long time ago – wood doesn’t work with you, you work with wood,” he says. “It is the boss, and we know that.”

Boston Consulting Group wanted its th new 25,000sf, 18 -floor space at 300 West th 6 Street to have a consistent look to its home office in Boston. For some of the space, that meant specifying an unusual end grain wood manufactured by Kaswell Flooring Systems, which for 70 years has specialized in end-grain wood block flooring.

End-grain wood flooring products are highly durable and resilient, but installation is much different from installing traditional wood planks.

“There just aren’t a lot of commercial flooring companies that have our level of wood expertise,” says Chrzan, who has more than 30 years of commercial flooring experience and has overseen hundereds of thousands of square feet of wood flooring installation. “I had just completed a WeWork project in Austin for the same general contractor, Novo Construction. It also used an interesting custom wood solution, so Novo knew Intertech was well-equipped to handle this job.”

Unlike wood flooring that is made by taking a log and cutting it lengthwise, end-grain is made by continuously crosscutting or slicing logs or cants into blocks or rounds, with annual growth rings exposed on every piece.

The result is small pieces of wood

Page 17

Boston Consulting Group office

Boston Consulting Group’s new Austin office conference room dazzles with end-grain wood flooring and custom hand-dyed and -stitched carpet from Denmark.

whose density and durability far surpass other wood. Wood harness is measured through the Janka Hardness rating. The Janka rating for traditional-cut red oak is 1,260 for instance. This means that it takes 1,260 pounds of pressure to push a ½ in. steel ball to make a 200mm. indention in the wood. In comparison, the Janko measure for white oak is 1,380 and for mesquite is 2,800 of pressure.

“But when you turn the wood and use it as an end-grain, the Janka rating goes up to aound 4,000 lbs. because all the grains are standing up and the wood is holding itself,” he says. “The end-grain gives the wood a very unique look, and while it is more expensive than regular hardwood

flooring, the durability delivers a floor that lasts twice as long.”

For this project, Intertech Flooring recommended using hemlock, which is in the pine family, due to its look, durability and price. Installing end-grain flooring takes about four to five times longer than traditional hardwood flooring for several reasons. First, the small pieces – just 3 inches by 2 inches – are extremely fragile and brittle. They must be carefully handled until solidly glued in place, at which point they become harder than a white oak floor. “But in your hand, you can shred it with little more than a thumbnail,” he says.

In addition, the wood must be sanded smooth and hand-oiled once in place, a

time-consuming process. Lastly, “it is critical that the installer understand and factor in for expansion as well,” notes Chrzan. “We put a 1/8-inch expansion between boards. It’s a little bit less with the end-grain since they are more stable, but it will grow. We had to convince the end-user,” he says.

In addition to the 1,800 square feet of hemlock end-grain, the new Austin offices feature two custom 12ft. by 18ft. custom carpets manufactured in Denmark. One of the hand-dyed, hand-stitched designs greets visitors in the entry. The other is the focal point of an octogon-shaped conference room, framed by the wood flooring. “The customer loves the look, and we already are talking with Novo about another project using the same wood,” he says.

Using an end-grain wood delivers a beautifully unique and durable floor, but it is not for every client, nor for every installer.

Chrzan recommens that if the client is on a fast budget or fast track, end grain is probably not a good choice. The Boston Consulting Group’s floors took 10 days to install and finish, and a qualified installer with experience in using end-grain woods is best.

“Installing end-grain is what I would describe as the ‘heavy difficulty’ level,” says Chrzan. “If you don’t have a flooring company that knows what they are doing, you can have a lot of problems.”

Intertech Commercial Flooring is in Austin. –mjm Intertech Commercial Flooring Austin, TX

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Austin Construction News • January 2022

Holiday honor

Digging their new HQ

For the 6th consecutive year, Texas Disposal Systems honored fallen veterans by participating in Wreaths Across America. On Dec. 18, the TDS team placed Remembrance wreaths at Austin’s Texas State Cemetery, as well as donated their services for wreath pick-up, recycling and composting. –mjm

Harley Blackburn Holdings Corporate Headquarters is getting a new home! The HB Construction team was on hand to celebrate the Dec. 8 groundbreaking of their future home base. The 16,000sf class A building will be constructed at Lakeway Medical Center; HB Construction and other companies will occupy 8,000sf on the top floor. –mjm

On top of it together

Cooking with care

Midwest Drywall, Flintco, and L&W Supply team members celebrated their work on the 44 East Tower Project with an evening of Topgolf in Austin. –mjm

Fajitas were on the menu for families of seriously ill or injured children, thanks to members of the American Concrete Institute’s (ACI) Central Texas chapter. The members gathered Dec. 4 at Ronald McDonald House to prepare the food. –mjm

Austin Construction News • January 2022

Page 19

JOB SIGHT

T

Remodeling at its best

he National Association of the Remodeling Industry (NARI) held their Annual NARI Awards Gala at the Renaissance Hotel on Nov. 5. Contractor members and their guests were on hand to celebrate the winners in categories from residential kitchen to residential bath, residential interior to residential addition, entire house renovation to commercial exterior as well as, residential landscape design/outdoor living and universal design projects. -cmw

Jesus Jimenez, EZ Wall operates an telehandler at the Buckingham Center for Facial & Plastic Surgery. HB Construction is the general contractor on the project. -cmw

2021 NARI CotY Award Winners: Residential Kitchen Under $30,000: Remodel Boutique Residential Kitchen $30,000 to $60,000: Bes Builders Residential Kitchen $60,001 to $100,000: CG&S Design-Build Residential Kitchen Over $150,000: RisherMartin Fine Homes Residential Bath Under $25,000: Realty Restoration LLC Residential Bath Under $25,000: Twelve Stones Designs LLC Residential Bath $25,000 to $50,000: Remodel Boutique Residential Bath $50,000 to $75,000: CG&S Design-Build Residential Bath $75,000 to $100,000: CG&S Design-Build

Residential Interior Under $100,000: Q Construction Solutions Residential Interior $100,000 to $250,000: CG&S Design-Build Residential Interior $250,000 to $500,000: CG&S Design-Build Residential Interior Over $500,000: RisherMartin Fine Homes Residential Interior Element Under $30,000: Bes Builders Residential Addition Under $100,000: Remodel Boutique Entire House Under $250,000: Remodel Boutique Entire House $250,000 to $500,000: Remodel Boutique Entire House $500,001 to $750,000: CG&S Design-Build Entire House Over $1,000,000: RisherMartin Fine Homes Universal Design – Bath: Realty Restoration, LLC Twelve Stones Designs, LLC Commercial Exterior: Q Construction Solutions Commercial Exterior: Urbane Design Studios Residential Landscape Design/ Outdoor Living Under $100,000: CG&S Design-Build

Balta Solorzano with Precision Builders caulks in drywall at the Buckingham Center for Facial & Plastic Surgery in Austin, TX. -cmw

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2021 Contractor of the Year: Remodel Boutique

Q Construction Solutions

Bes Builders

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Austin Construction News • January 2022