Austin Construction News December 2022

Earning his stripes

Tyler Wheeler started Stripe-It-Up in 2016. He runs a big company

(“Trying to keep it under 100,” he said.) with a lot of moving parts.

Even as the boss, what gives Wheel er the most joy is being out on a job as one of the guys. “To work with the crew and not have to think about everything else that we’re working on - that’s really fun,” for the third-generation pavement striper.

But as the boss, that doesn’t happen as much as he’d like. “I have to control the animal that I built,” he said. Mixing it up with the workers in the field only hap pens a couple of times a year now.

Wheeler’s grandfather Bob moved the family and paving business from To ledo, OH, to Austin in 1982. Toledo was a very union town, while Texas was more

Rob Teel always had two dreams for his life, even at an early age: he wanted to own his own company and he wanted to live in the country.

When he graduated from Vanderbilt University in Nashville with a degree in engineering management, the Dallas na tive said it “was a good fit for me,” and enabled him to become the owner of Continental Cut Stone, an architectural cut stone specialist and supplier to build ers everywhere.

When it comes to the business side of running a business, Teel said he went to the school of hard knocks instead of learning it in a classroom.

Right out of college he worked for a concrete company, driving a truck and making local deliveries. “I learned a few things [during that time],” Teel said. “I learned that when you pay your bills on time, people respond and listen. Also, if you put in a lot of effort, it will get done. I worked 90-100 hours a week for this company, which came in handy because

favorable to the independent type of person. Austin was also similar in size to Toledo.

One of Grandfather Bob’s sons was Jack, Tyler’s father. Jack started Wheeler Coatings. It was from this company and in this environment that Tyler cut his teeth and earned his stripes, as his education started early in the family tradition. “I think it was more of a rite of passage,” he said. “When [my dad] was growing up, everybody in high school had to work for his father’s company. When we came down here, it was the same thing.”

After going to college in Louisiana and spending some time in a rock ‘n roll band, Wheeler entered the trade fulltime. “I love it. There’s nothing like it.”

Continuing the HOLT legacy, HOLT Industrial Rentals is a turnkey in dustrial rental company providing temporary power, climate, air, and more. The newest business from industrial- and construction-equipment experts HOLT, will provide solutions-based rentals for increasing power, climate, and industrial air needs.

From sports arenas to hospitals to construction sites, HOLT Industrial Rent als will support Texas businesses, deliver ing advance- and emergency-rental equipment and planning for facilities maintenance, construction sites, events, and the energy and manufacturing in dustries.

The increased needs associated with expanding facilities, construction, and climate-based challenges have caused

industries, including oil and gas, events, and manufacturing, to turn to full-service rental solutions, as opposed to purchas ing and maintaining the equipment themselves. This is on top of the need for temporary equipment to support outag es, maintenance, equipment recondi tioning, and business expansion.

Offering turnkey solutions centered around industrial power such as that of power generators, distribution, load banks, etc.; climate such as chillers, air conditioners, heaters, etc.; and air as in compressors, desiccant dryers, etc. pro vides rounded answers to challenges many endure.

“Our customers are consistently ask ing for complete solution packages, not

when I started this, I worked 90-100 hours a week for probably four to five years.”

In 1987, with his father co-signing on a loan, Teel bought an existing foreclosed company for only a fraction of what it would have cost had he started it from the ground up. “It gave us the start we needed,” he said. This company had been closed down for about six months when Teel bought it back as Continental Cut Stone.

Teel used the contacts and leads he already knew about to get his small crew going.

“I had a couple of people that were key to my operations early on,” he said. “It’s all about people. It’s not about me. It’s the people you surround yourself with that make things happen.”

The limestone/cutting business was new to Teel, but he learned well and quickly. “I was able to pitch in and help and learn instead of having to figure it out and then try and teach people how to do it.”

HOLT Industrial Rentals’ air

Doug Hutchinson, Production Manager, Anjella Blair, Production Administrator, Ashlyn Huggett, Office Administration, Rob Teel, Founder and President of Continental Cut Stone, Continental Quarries and Continental Cream Quarries, Katherine Teel, Limestone Resource, Gina Cannon, Office Manager, Dana Hughes, Drafter (missing in Office Team image is John Wusterhausen, Facilities Manager)

Tyler Wheeler

Happy 40th

New board of women

In Oct., Cedar Park- based general con tractor American Constructors cele brated the company’s 40th year in business. Colleagues, clients, and friends

of the firm joined in the celebration at Haute Spot, which included remarks from CEO Marty Burger and COO Joe Charl ton. -cmw

Some of the original American Constructors – Back L-R: Scott Cooper, CEO Marty Burger, and Tim Cahalane - celebrate the company’s 40th Anniversary with their wivesFront L-R: Susan Cooper, Tammy Isley, and Kathy Cahalane.

CEO Marty Burger talks to a crowd of team members, clients, and project partners about the legacy of American Constructors and the company’s 40th Anniversary Celebration on October 6 at the Haute Spot in Cedar Park.

L-R: Amy Jones, O’Connell Robertson with Jan Burnight and Beth Guillot, Fuse Architecture Studio

The National Association of Women in Construction (NAWIC) welcome their 2022-2023 board members.

Front L-R: Vice President Marci Kinch eloe, Director Kat Streff, President Linda Cudmore, Director Amy Vittonel, Imme diate Past President Misti Shafer-Webb, Director Jolsna Thomas, Director Terri

Michalak and Director Michele Cum mings. Back L-R: Director Kaitlyn Powell, Parliamentarian Taryn Ritchie, Director Shana Webb, Secretary Kat Escobar, Di rector Marelle Paas-O’Brock, Director Kelly Daniel, and Treasurer Darla Som merfield. -cmw

Kicking off the holidays

Swingin’ clubs

On Nov. 9, Alterman hosted one of the largest get-togethers in town at their offices for Alterman’s 2nd Annual Open House. Over 300 employees, clients, family, and friends attended Alterman’s open house. The employee-owned company hosted the event in time for its annual push to support the Austin Police Operation Blue Santa toy drive. Guests enjoyed wonderful food, drinks, and lots of laughter. –cmw

Alterman President and CEO Greg and his wife Shelley visit with guests at Alterman’s 2nd Annual Open House.

The Home Builders Association (HBA) held their Annual Fall Golf Classic on Oct. 21 at Avery Ranch Golf Club. Congratulations to tournament winners: Scott Whiesnant, Michael Curry, Will Griffin and Grant Dodson. - cmw

Harley Blackburn President

HB Construction Spicewood, TX

Harley Blackburn didn’t plan on ei ther going into the Marine Corps or getting into the construction business. However, he was able to take many of the life lessons he learned in the Corps and translate them to aid in grow ing a very successful company that can handle any aspect of a construction proj ect. Tell us about your early years in Hous ton.

I grew up in the Heights, then moved and went to Clear Creek High School in League City.

How did you do there?

I was a three sports letterman and very active in and president of the Voca tional Industrial Clubs of America organi zation back when they taught shop that had to do with construction.

What did you study in shop?

I was in the industrial part of the classes which was welding and electrical and more industrial trades.

What happened after high school?

I attended Southwest State Universi ty for one year prior to joining the Marine Corps. I served in the Marine Corps for six years as a 1st Battalion Force Recon Ma rine, decorated. After the Marine Corps I got into construction and going to school part time, studying electrical engineering at Texas A&M.

What. year did you graduate from A&M?

I did not graduate from Texas A&M but worked for HB Zachry for about 10 years, then resettled in the Houston area in 1992. Stayed there until 2004 while both my kids were in college and moved to the Hill Country in which I was the vice president for Browning Construction for five years and Journeyman Construction for six years before I started my firm in 2016.

When you were in high school, did those shop classes whet your appetite for construction or was the beginning of your construction journey?

Honestly, no. I wanted to go to col lege, and I did get a scholarship to Geor gia Tech University for chemistry. I want ed to be in science. I was a math wizard and was really good at science. Unfortu nately, I didn’t have the money to go to college.

How did the construction bug get to you?

After the Marine Corps, obviously, construction was something I knew something about. I knew how to weld. I was studying electrical engineering while I was in the Corps and after the Corps. I then worked for HB Zachry and kind of got trapped. It really wasn’t some thing I wanted to do but I quickly went from being a field supervisor to an office supervisor. I started making money that I couldn’t get another job for the same amount of money.

Why did you join any military branch and why did you pick the Marine Corps?

During college I was doing it all on my own and I really wasn’t enjoying it. I ran into a buddy of mine from high school. I said, “What are you doing?” and he said, “I’m fixing to go into the Marine Corps,” and I said, “I’ll go with you.” I have family members, mostly on my mother’s side, who were Marines, and I’ve always just admired the Marines more than any other branch. I went down and took the test, scored really high. I chose to be a grunt and wanted to be an elite Marine and was fortunate enough to qualify to be that.

Where did you do your boot camp? San Diego.

What were you in the Corps?

I was 1st Battalion, Charlie Company, Force Recon at Pendleton. I did a tour of Panama, spent 105 days in the Indian Ocean on the U.S.S. Tarawa during the Iran crisis.

What was your first day in basic train ing like?

It was hell. I got off the school and hit the yellow footprints around midnight, August 21st, 1978, and from that point for ward, I knew I was in hell for the next 13 weeks.

What was the motivating factor that kept you pressing on?

When you join the Marine Corps, you’re not a Marine; you’re a recruit until you finish boot camp, and you graduate to be a Marine. Knowing that that was at the end of all that torture and pain was something I really wanted and wanted to be a part of. They break you down, but they also build you back up.

How has being in the Corps helped you in being in business in the civilian world?

I always had it in me that I was some what of a leader, but the Marine Corps gave me immense structure and the abil ity to be able to structure things. It made me a better leader. Being the quarter back, point guard or shortstop on a base ball team also were somewhat of a lead ership role all the way back in high school, but the Marine Corps molded me into an absolute leader. They made me platoon sergeant over Recon when I was 20 years old when that happened.

The sense of preservation that they instilled in me made me always look at everything like the glass is half full; it’s never half empty. It may be bad today, but tomorrow will be a little bit better.

You were doing well working for someone else. What motivated you to start your own company?

Money is obviously a motivation for most people. Ego is another motivator. I was just tired of being Number Two, knowing that I really was, more than like ly, Number One. I thought that I could do it in a little different way than what my former bosses wanted me to do it. I knew that I could be prosperous, and I could help others be prosperous.

How did you end up in the Austin area as opposed to the Houston area?

I left Houston in 2004 and wanted to move to the Hill Country. I definitely like the Hill Country. I don’t like all the humid ity in Houston. I like the hills.

What were the early days like for HB Construction?

It was like starting all over in my ca reer, that first year and a half.

And how has your company grown?

Our jobs started out as a couple hun dred thousand dollars and they went to seven hundred thousand, then a million and $2 million, then $5 million. It’s now north of $30 million dollars. I actually have a backlog of over $200 million. I have 44 employees

HB Construction also has a develop ment company that’s been going for three years that has $24 million under de velopment of buildings that I own. Last year I bought a hardware store and turned it into a ranch hardware and building supply business that now fun nels building materials to my own devel opment.

What is the geographic range of your projects?

Most of our work is in the Austin area, but we do work as far west as San Angelo, as far east as Cameron. We’re about to go to College Station. We do work at Ft. Hood and down to San Anto nio. We’re mostly centralized in Central Texas.

What are some of the challenges that you face?

The challenges are personnel--being able to have good, qualified personnel to handle the project. Of course, materials are a big challenge today, getting the ma terials on site. There is a tremendous backlog of delay for how soon you can get the material for a project.

How do you attract good people?

We just continue to offer lucrative benefits. We pride our company as a fam ily company. People do matter to us. We have two additional holidays that most other companies don’t have, and that’s Good Friday and Veteran’s Day. Being a veteran, and I employ 23 other veterans, I truly believe that Veteran’s Day is a holi day that goes unrecognized.

What is the main focus of HB Construc tion?

We are primarily a private builder; we don’t do much public work whatsoever. Multi-family and subdivisions are some of the most and largest work that we have today. Austin has been behind the curve for multi-family for many years. There are many being built and many on the hori zon. I don’t want any part of building roads or bridges.

Where do you want to take your com pany?

I would love to level out right at $100 million a year company. I would like to level out at that, then just make us more refined and productive in what we’re do ing.

How do you unwind?

I enjoy hunting and fishing. I have seven grandkids with two on the way. Playing entertainment with them is a big role for me and my wife. -dsz

The Austin Construction News (ISSN 15477630) is published monthly by Construction News LTD., dba Austin Construction News, and distributed by mail to constructionrelated companies of record in Austin and surrounding counties.

All submissions should be emailed to our editorial offices. We reserve the right to edit any materials submitted. No fees for materials, copy or photographs submitted will be due unless agreed upon in advance in writing. Submissions will be published at our discretion on a space available basis.

Construction News, Ltd., dba Austin Construction News, will not be liable for errors in copy or in advertisements beyond the actual cost of space occupied by the error. Publisher reserves the right to reject any advertisement at any time.

Harley Blackburn, President HB Construction, Spicewood, TX

Carbon neutrality

Machine challenge

On Oct. 22, local machine operator

John Schiedeck , Schiedeck Con struction, won the North Ameri can Regional Finals of the Global Opera tor Challenge. The North American Re gionals were the third round of the Cater pillar 2022/2023 Global Operator Chal lenge. Schiedeck will go on to represent HOLT CAT in the Global Operator Chal lenge Finals at North America’s largest construction trade show CONEXPO-CON/ AGG 2023, on Mar. 14, 2023. The CONEX PO-CON/AGG 2023 will be held in Las Ve gas where Caterpillar will crown one op erator world champion.

cellent machine operator. The skills he demonstrates are incredible. I truly be lieve he will inspire the next generations of machine operators. We look forward to cheering him on at CONEXPO.”

Canadian Jaus Neigum won the “best in the world” title at the first-ever Global Operator Challenge held in 2019/2020. More than 10,000 operators competed in the first-of-its-kind challenge, with just as many expected, to compete in the 2022/2023 challenge.

The Texas Aggregates & Concrete Association (TACA) is the main re source for the aggregate, concrete, cement, and other associated industries in Texas. TACA welcomed 112 attendees to its Environmental & Safety Seminar Oct. 27-28. The seminar was held at the Marriott Riverwalk in San Antonio where industry professionals delivered topical presentations on managing environ mental and safety regulations and other

issues facing TACA members today. Na tional Ready Mixed Concrete Associa tion Executive Vice President/Division Head, Structures and Sustainability Lio nel Lemay, P.E., S.E., LEED addressed at tendees stating, “Today, to stay compet itive with other building materials, the cement and concrete industries must continue to embrace the language of measuring and demonstrating carbon neutrality.” -cmw

Machine operators worldwide will come together to showcase their agility, speed, and accuracy in a series of skillsbased tests. The challenges involve the operation of multiple machines with tests such as loading precise amounts of dirt, hauling, and maneuvering through obstacles.

“We have enjoyed getting to know John through this experience and work ing with him to train for the competi tion,” said HOLT CAT CEO and General Manager Peter J. Holt . “He is a wonder ful ambassador for HOLT CAT and an ex

HOLT CAT aims to highlight the oper ator profession and showcase the ad vanced skills needed to operate the ma chinery through events such as that of the Global Operator Challenge. Skills challenges include digging trenches, loading precise amounts of dirt, hauling, and maneuvering through obstacles in the least amount of time.

Schiedeck Construction is a fami ly-owned company that concentrates on earthmoving, excavation and grading and slope work located in Bastrop, TX.

HOLT CAT is the largest Caterpillar® equipment dealer in the United States.

HOLT is a family-owned company, headquartered in San Antonio, TX. -cmw

Lionel Lemay was one of many speakers who spoke at TACA’s Environmental & Safety Seminar.

Congratulations, John! Everyone at Construction News is cheering for you!

ACCOUNTING Estate Planning 2022 and Beyond

Barbara L. Herbs Shareholder Fisher,

San Antonio, TX

People tend to focus their tax planning around the here and now. How can they reduce their tax liabili ty this year or next year? Some think further ahead to retirement. What can they do today to reduce their current tax liability but also save for the retirement lifestyle they desire? However, very few consider the potential estate tax implications of passing their assets to their heirs. For some, it is an uncomfortable topic to discuss. For others, they don’t think they will have an “estate tax problem”.

There’s no doubt most people don’t consider these potential estate tax impli cations because we have enjoyed the benefit of historically high gift, estate and generation-skipping transfer tax ex clusion amounts since January 1, 2018. The exclusion amount represents the to tal value you can pass to your heirs free of gift, estate and generation-skipping transfer tax. If the value of assets trans ferred exceeds the exclusion amount, your estate pays taxes on that excess val ue at the transfer tax rate. The 2017 Tax Cuts and Jobs Act raised the exclusion amount from $5,490,000 per person for transfers occurring before January 1, 2018 to $11,180,000 per person for trans fers occurring on or after January 1, 2018. This increase has been indexed for infla tion each year since. In 2022, a person can transfer up to $12,060,000 in asset value to their heirs free of gift, estate and generation-skipping transfer tax. In 2023, this exclusion amount is set to be $12,920,000. So you may be thinking, what’s the big deal?

These historically high exclusion amounts are at risk. There were a couple of hard pushes by some Washington law makers in 2021 to push the cap downone push for $5,000,000 per person and another push for $3,500,000 per person. Although these proposals were not suc cessfully legislated in 2021, it does show that eliminating these high exclusion amounts is definitely on the radar of some of our legislators. Couple this with the push to raise the gift, estate and gen eration-skipping transfer tax rate from the top current rate of 40% to as high as 65%, it is obvious that some lawmakers want to severely limit the ability of peo ple to transfer their assets.

Here’s the real catch. If our leaders in Washington want the exclusion amount to drop back down to $5,000,000 per per son, all they have to do is wait it out for the next three years and pass no legisla tion on it at all. That’s because under cur rent tax law, the gift, estate and genera tion-skipping transfer tax exclusion amount will revert back to $5,000,000 (indexed for inflation) per person on Jan uary 1, 2026. That’s a substantial drop in the ability to pass assets to heirs – espe cially when you compound the impact of increasing property values. While many people will still fall below this reduced exclusion cap, the potential for this cap to sneak up on people and leave them ill prepared grows significantly.

The good news is a three year win dow does provide some time for estate planning. However, you should act soon er rather than later. Effective estate plan ning should be done with thoughtful ness and care under the guidance of trusted advisors. It will involve compiling a list of all of your assets and assessing their value. It will also involve evaluating a potential need for family limited part nerships and/or trusts, finding the prop er balance of income maintenance while potentially making lifetime gifts to heirs, evaluating the pros and cons of making gifts in light of transfer basis versus step up basis and assessing goals to make sure assets are passed to heirs as desired. These are just a few examples of the questions and challenges to be ad dressed along the way. Even if you are not currently ready to execute a plan, you can begin the process so that you and your advisor have a plan ready to ex ecute when needed.

While you are working on your over all estate plan, there are some less com plicated things you might execute soon er under the guidance of your advisor. One of the most powerful tools over looked is the use of the annual gift tax exclusion. This exclusion allows you to gift a maximum value to a person each year free of gift tax and without the need to file a gift tax return. The annual gift tax exclusion amount for 2022 is $16,000 and is set to increase to $17,000 in 2023. Incorporating this annual gift tax exclu sion in to your overall estate plan can be an effective way to transfer assets and is a smart way to help preserve your estate tax exclusion amount.

As you can see, good estate plan ning takes time and consideration. With the help of your advisor, you can develop a plan to accomplish your goals and help you preserve your assets for your heirs. Just remember that January 1, 2026 date so that exclusion amount reduction doesn’t sneak up on you. Getting started now versus later could make a substan tial difference in whether or not you have an “estate tax problem”.

Barbara L. Herbst, CPA, Shareholder, is a graduate of Texas Lutheran University and holds a Bachelor of Business Adminis tration degree in Accounting. She has 23 years of experience in public accounting. Her focus is on tax planning and compli ance for corporations, partnerships, trusts, limited liability companies and individuals. Barbara can be reached at 210-614-2284.

INSURANCE

Protect Your Most Valuable Tools, Your Hands!

Darren Meyer, Risk Consultant HUB International San Antonio, TX

Most of us take for granted the simple use, yet high functionality of our hands. It’s not until we break a finger, dislocate a thumb, or lacerate the palm of our hand that we realize how much we rely on our hands; not only for work, but our day-to-day function. Think about it for a moment; just this morning, you probably poured a cup of coffee, made yourself a sandwich, tied a pair of boots, opened your car or truck door, fastened your seatbelt, and adjusted the radio; all with the simple use of your hands.

Now apply that to your vocation; on the jobsite there are employees operat ing miter saws, turning screwdrivers, us ing drill drivers, carrying 2x4s, and laying bricks. Nearly every task on the jobsite, requires some use of the hands.

All that said, if you lose the use of any functionality of a hand or finger, even if temporary, your livelihood can be sub stantially affected.

There are many exposures to your hands on the jobsite; these include pinch points, vibration, crushing, chemical, heat and cold, force, and impact.

Some of the most common hand in juries I see in my work as a risk manage ment consultant are a direct result of one or more of the above exposures. Without protecting your hands you are drastically increasing the risk of fractures, disloca tions, amputations, burns, degloving, and lacerations.

Fractures are typically consistent with falls. One of the most common ex posures to falls on the jobsite Is poor housekeeping. When we trip and fall, it is instinctual to put our hands out to catch ourselves. The impact from the fall com monly leads to a fractured wrist and even a broken finger. Construction sites are full of trip hazards; that said, we should do what we can to keep our immediate workspace clean.

Dislocation exposures are like frac tures. Impacting some hard surface with our fingertip can easily result in a disloca tion. Simply, a dislocation is when one bone in a joint is displaced and often won’t return to the normal position with out some sort of external force. A com monly overlooked dislocation risk is throwing and catching hard sided and/or items like bricks and sandbags. Again, good housekeeping in your workspace is a great way to mitigate dislocations. Also, instead of throwing and catching items, take the time to hand them to each other.

Amputations typically occur during the use of heavy-duty cutting tools such as chop saws. Amputations can also oc cur at heavy pinch points. It is crucial that all machine guards are adequately placed for protection.

Burns aren’t limited to hot surfaces but can be from chemicals too. The prop er handling of chemicals per the manu facturers’ Safety Data Sheets is critical to mitigating burns. Another exposure to burns is the sun! Keep an eye out for sun exposure and protect your hands appro priately.

Degloving is common when snags occur. If you are wearing a wedding band and it catches a moving part, or you’re walking and you snag your ring on a bolt

PPE

Latex, butyl, nitrile, neoprene synthetics*

Metal mesh, leather, canvas

Fabric and fabric coated Rubber Insulated www.lossfreerx.com

it can quite easily rip the skin off your fin ger (if it doesn’t take your finger, too!). This also goes for wrist watches. Deglov ing is a painful, and quite serious injury, simply due to the exposure of infection. I’ve seen the aftermath of degloving, and it looks just like it sounds; a removal of the skin from the muscle and bone, just like removing a glove. Put your rings and metal banded watches in your lunchbox or leave them in your vehicle. If you need to wear a ring, wear a silicon band. If they snag they simply tear off, and leave your skin attached to your hand.

Lacerations are probably the most common injuries on the jobsite. We get cut from blades and sharp edged materi als. One method of protecting our hands from lacerations is blade guarding. Too often I see cutting tools used improperly and stored incorrectly (e.g. razor blades left open on a workbench).

The simplest method of protecting our hands on the jobsite is avoiding work that is risky to our hands. Now, we can’t expect to make a living by avoiding risky tasks, so we need to protect our hands while we operate equipment and handle materials.

The most obvious personal protec tive equipment, or PPE for your hands is gloves. See the chart below for proper glove selection and use. The key is to fol low the manufacturer’s guidelines for your tools and equipment. If you’re han dling chemicals, read and understand the safety data sheets (below)

When you choose your gloves, first ensure they are appropriate to the task. In some cases an employee may need to have multiple types of gloves because they perform many different duties. Also, ensure they don’t create a greater hazard. If the gloves are too loose, they can easily get caught in equipment or snag sharp objects.

Inspect your gloves before every use! Ensure they are functional, there are no rips or loose threads, they aren’t coted with a material that can cause them to break down (i.e. solvent).

If you’re an employer who requires gloves for certain tasks, make sure your employees know how to access new gloves.

A few more tips; keep your work space clear of debris, know your tools, know your materials. Protect your liveli hood by protecting your hands.

Darren Meyer is a risk consultant with HUB International, the world’s fifth largest insurance broker. Darren has 11 years of workplace safety experience in many indus tries including aircraft handling, heavy manufacturing, transportation, and hospi tality.

Benefits

Protection against burns, chemical burns, biological hazards, irritation, and dermatitis (depending on the specific glove)

Protection against cuts, abrasions, punctures, and burns

Protection against dirt and abrasions

Protection against cuts, punctures and abrasions

Protection againsst extreme heat or cold

Herbst & Kemble, P.C.

Law

Recent Texas Supreme Court Decisions Impacting the Practice of

OSHA Electronic Injury Submission

Joann Natarajan Compliance Assistance Specialist OSHA Austin, TX

The

Court of Texas

numerous

this year having an impact on construction law, addressing subjects varying from the standard for proving compliance with express contractual conditions precedent to the Texas Anti-Indemni ty Act, Chapter 151 of the Texas Insurance Code. Several are noted below.

James Construction Group, LLC v. West lake Chemical Corporation, 650 S.W.3d 392, 396 (Tex. 2022), reh’g denied (Sept. 2, 2022).

In James Construction Group, LLC v. West lake Chemical Corporation, a divided Tex as Supreme Court held that generally, a party’s substantial compliance with con tractual notice conditions is sufficient to satisfy those conditions, but when a con tract mandates written notice, a writing is required to comply with that condition, substantially or otherwise. The Court also held that an intervention provision can not be employed as an end-run around the more stringent requirements of the contract’s termination-for-default provi sion; and that a clause stating “no claim shall be made” for consequential damag es functions solely as a waiver of liability for consequential damages, not a cove nant not to sue for those damages.

Signature Indus. Services, LLC v. Int’l Pa per Co., 638 S.W.3d 179 (Tex. 2022).

In Signature Industrial Services, LLC v. Inter national Paper Company, the Texas Su preme Court held that an indemnity agreement between an owner and a con tractor was rendered ineffective by the Anti-Indemnity Act, which forbids cer tain construction contracts from requir ing an indemnitor to indemnify an in demnitee for “a claim caused by the . . . fault . . . or the breach of contract of the indemnitee[.]” The Court held that the statute does not require factual inquiry into the “true” cause of the plaintiff’s inju ries. Rather, absent fraud or some other unusual circumstance, examining the pleadings will generally be a sufficient basis to determine whether the “claim” at issue was “caused by” the fault or breach of contract of the party seeking indemni fication. The Court also held that the con tractor was not entitled to recover conse quential damages, as the principal dam ages sought (the decline in the contrac tor’s market value) were not foreseeable to the owner at the time the contract was made, and the contractor had not other wise proven recoverable consequential damages with reasonable certainty.

SandRidge Energy, Inc. v. Barfield, 642 S.W.3d 560 (Tex. 2022).

In SandRidge Energy, Inc. v. Barfield, the Texas Supreme Court held that a property owner owes no duty to warn of open and obvious hazards under Chap ter 95 of the Texas Civil Practice and Rem edies Code. The statute requires an own er with actual knowledge of a dangerous condition to “adequately warn” contrac tors of the condition when the owner ex ercises control over the work being per formed. Consistent with the general rule at common law, a property owner does not fail to adequately warn a plaintiff un der Chapter 95 when the dangerous con dition is demonstrably open and obvi ous.

Energen Res. Corp. v. Wallace, 642 S.W.3d 502 (Tex. 2022).

In Energen Resources Corporation v. Wal lace, the Texas Supreme Court held that

Chapter 95 of the Texas Civil Practice and Remedies Code applies even when al leged negligence at an improvement other than the one on which the plaintiff was working contributes to the plaintiff’s injuries. In determining Chapter 95’s ap plicability, the relevant question is whether negligence involving the “con dition or use” of the improvement on which the plaintiff was working was a cause of the plaintiff’s damages. Even if negligence elsewhere contributed to the plaintiff’s injuries, negligence at the im provement need not be the “only cause” of the plaintiff’s damages for the statute to apply.

Maxim Crane Works, L.P. v. Zurich Am. Ins. Co., 642 S.W.3d 551 (Tex. 2022).

Finally, in Maxim Crane Works, L.P. v. Zu rich American Insurance Company, the Texas Supreme Court held that the word “employee” in section 151.103 of the An ti-Indemnity Act bears its common, ordi nary meaning, which is unaffected by whether the indemnitor and injured em ployee are considered “statutory co-em ployees” for the purpose of the Texas Workers’ Compensation Act (TWCA). Sec tion 151.103 is a statutory “employee” ex ception that allows an indemnitor to pro vide indemnity or additional-insured coverage against claims by its employ ees, agents, and subcontractors. The Court rejected the argument that the word “employee” in section 151.103 of the Anti-Indemnity Act should be inter preted to include any person or entity that the TWCA would treat as an employ ee of the indemnitor, explaining, “the TWCA does not affect the enforceability of an additional-insured provision under the [Anti-Indemnity Act].”

Peter B. Wells is a principal in Cokinos | Young’s Houston office. For the past fifteen years, Peter has developed a range of legal experience encompassing a wide array of commercial litigation matters in the ener gy, construction, and financial services in dustries where he has resolved disputes across the country before various courts and arbitration forums. He has had the for tunate opportunity to work with some of the largest banks, insurers, and bro ker-dealers in the country as well as with smaller “mom and pop” businesses, and yet his approach to achieving the best result for his clients does not change. Peter works closely with his clients to establish the most effective and cost-efficient strategy for ev ery matter, and he is committed to working hard every day to ensure the client’s goals are achieved.

Kristen Wheeler is an associate attorney in the Houston office of Cokinos | Young. Her practice primarily focuses on construction law and commercial litigation, represent ing residential, commercial, and industrial construction clients. She also has experi ence in employment related disputes, in cluding non-competition and trade secret issues.

For more information, visit: https://www.cokinoslaw.com/

OSHA requires employers in construction with an es tablishment with 20 or more employees, to elec tronically submit Form 300A Annual Summary informa tion once a year to OSHA. Employers would submit an nually electronically on the osha.gov website between January 2 and March 2 of each year. In 2023, OSHA will transition from the osha.gov website to the public’s one ac count access to government applications at login.gov.  All current and new account holders must connect their ITA account to a Login.gov account with the same email address to access the application for the 2023 collection of Calendar Year 2022 Form 300A data.

Many employers with more than ten employees are required to keep a record of serious work-related injuries and ill nesses and are required to enter cases on the OSHA 300 log form. Construction employers are required to maintain the OSHA 300 form if they employ ten or more workers in a calendar year. Minor injuries requiring first aid only do not need to be recorded. The requirement to submit data to OSHA is triggered when an employer has twenty or more workers associated with an employer’s physical establishment location.

The electronic reporting require ments are based on the size of the estab lishment, not the firm. The OSHA injury and illness records are maintained at the establishment level. An establishment is defined as a single physical location where business is conducted or where services or industrial operations are per formed. A firm may be comprised of one or more establishments. To determine if you need to provide OSHA with the re quired data for an  establishment, you need to determine the establishment’s peak employment during the last calen dar year. Each individual employed in the establishment at any time during the cal endar year counts as one employee, in

cluding full-time, part-time, seasonal, and temporary workers.

The electronic reporting require ments are based on the industry classifi cation of the establishment, not the in dustry classification of the firm. An estab lishment is defined as a single physical location where business is conducted or where services or industrial operations are performed. A firm may be comprised of one or more establishments.

If you have not submitted your calen dar year 2021 data into the OSHA injury tracking application, you can submit data until December 31, 2022 at https://www. osha.gov/injuryreporting/. After Decem ber 31, 2022 data will be submitted at log in.gov.

Detailed instructions on linking the old osha.gov account and the new login. gov account, please review the following guidance on how to connect your ac counts:

https://www.osha.gov/sites/default/ files/02-create-login.gov-account.pdf Employers must continue to report any worker fatality within 8 hours and any amputation, loss of an eye, or hospitaliza tion of a worker within 24 hours.

natarajan.joann@dol.gov 512-374-0271 x232

Danielle Dlugosh

Peter B. Wells, Principal Kristen Wheeler, Associate Cokinos|Young Houston, TX

Hunting With Kids

by Capt. Steve Schultz Sponsored by:

It’s a cool fall day here at the Chaparrosa Ranch in Zavala County as I write this col umn. What a change from the reflecting wa ter of the Laguna Madre and Baffin Bay to the brush country of South Texas. I really enjoy this time off the water as we transition to cooler weather and the end of boating season. Hunt ing season is another great way to spend time in the outdoors with family and friends. I can still remember hearing campfire stories shared by my dad and his friends. Those times were a huge part of my childhood and I enjoy sharing them with my kids today.

Like most fathers who love to hunt, my hope has always been to share my passion for deer hunting and enjoying the great out doors with my children. I know too many hunters whose kids have grown up with little or no interest in following in their parents’ footsteps when it comes to pursuing shoot ing sports, and I have often wondered what separates those kids who develop the pas sion from those who don’t. While there’s no guaranteed formula for getting and keeping our kids involved in hunting, there are cer tainly things we can do as a parent or mentor to increase the odds of them developing that lifelong passion.

Regardless of the child’s age, the early days afield with you are probably the most critical in determining whether or not he/she maintains an interest in hunting. These first hunts, like any first impression, are where the child is going to form their opinion about hunting. They are either going to decide that hunting is fun and enjoyable or that it is bor ing. So, it is your job to make sure it’s fun!

Probably the first step to ensuring that a child’s first hunt is not their last is to keep the initial outings brief. As a parent, you’ve proba bly already witnessed just how short an atten tion span most kids have these days, and the last thing they want to do is go sit in a blind or a treestand for hours on end, not being able to move around or talk. In most cases, you’ll have a pretty good idea when it’s time to head back, as most kids won’t hesitate to let you know when they start to get bored. I would get questions like, “How long are we going to stay out here?” or “Are we going to sit in this spot the whole time?” When my son was try ing to be a little more subtle about things, he would simply ask what time it was.

For my kids to remain interested in hunt ing, I knew they would have to taste some suc cess. Once they saw me harvest a deer or shoot a limit of dove they became more en gaged. As they grew older and started shoot ing small caliber guns we started off on rab bits, squirrels and dove to keep the busy with plenty of shooting time. Then we move on to deer hunting. The ranch I guide on has plenty of opportunities to shoot does and cull bucks. Sure, I would love to see them shoot a nice buck, but first I wanted them to experience the excitement of having an animal come in and present a shot opportunity. Once they ex perienced that first taste of success with a nice buck, both of my boys were hooked. They no longer minds spending a little time waiting because he knows that sooner or later an op portunity will present itself, and he knows the rush he gets when it does.

Would like to wish all my clients and read ers a Merry Christmas and a Happy New Year! My 2023 fishing calendar is open, so if you have a date in mind shoot me a text. I’m also booking South Texas whitetail hunts for the coming 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 me at Steve SchultzOutdoors@gmail.com.

Good luck and Good Fishing.

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

Trevor Boatright and his son Trip hunted hard for the beautiful 11pt. buck that scored 158” and field dressed 170 lbs. Trevor has been hunting and fishing with Steve Schultz Outdoors for over 10 years.

Early in November, Connor Schultz was able to catch up to this 10 pt. cull deer we had been searching for. Connor use a 6.5 PRC to drop the deer at 160yds on the Chaparrosa Ranch in Zavala County.

We all know how weird the weath er is here in Texas! We don’t seem to get definite seasons like some places do. Two weeks ago, I was still waiting until late afternoon to mow so it wouldn’t be so hot and this morning, I walked the dogs with frost sparkling on the grass, wickedly happy that the grass will stop growing now! I guess that means autumn is here!

Acorns are pinging off the tin roof tops and the deer are coming to eat them. Pecans are falling and any nice evening you see folks poking around in the leaves under the trees to collect them for holi day goodies.

The first batch of fresh fried venison hits the dinner table! While some might fuss about Bambi’s passing, the rest of the family is appreciatively chowing down, thankful for the hunter’s success and the cook’s skill.

Yep, it’s fall!

Fall affects fishing too. The first thing you notice is that the lake is a lot quieter now. There’s not such a line at the launch ing ramp. Now you can catch fish without two other boats making a bee line for your fishing spot. It’s pretty much all yours now. Sure, you have to keep your eye on the weather and choose your days wisely, but even as the native species of freshwater fish might be slowing down for winter, the stripers and hybrids are just starting to get comfortable as the wa ter cools down. Since stripers are native to cold water, they really thrive in the winter. They are very active, feeding hard to pre pare to spawn in the spring. Trade in your shorts and flip-flops for a nice jacket and a set of binoculars so you can spot birds

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

How do you know it’s fall in Texas?

working on top of feeding schools of stripers and hybrids and fish feeding on top water.

If you do decide to concentrate on winter stuff like hunting and football and holidays, be sure you take time to put your boat up for the winter. Now is the time to take it to the shop to have any little glitches taken care of and get it winterized. You will be glad you did when nice spring weather gets here and all you need to do is hitch up your rig and go. It’s a lot easier to get your repairs done this time of year than in the spring when everybody else discovers their motor won’t start. The last thing you need is to have your first time out next year ruined by clogged fuel lines and such.

It looks like our winter fishing here on Buchanan should be good. The lake is 18 ft low here, so there is less water for the fish to hide in! Keep an eye on the levels of your favorite fishing places. Un less we get some good heavy rain, you may have to look for different places to launch.

I hope you and yours have joyous holidays! As always, if you want to enter tain holiday guests with a fishing trip give us a call at 325-379-2051!

Having a witch of a time!

Getting into the Halloween spirit, the construction industry entered the realm of horror, as companies around town dressed up in their ghoulish fashions. Whether through a company-wide theme or individual expression, it’s scary to say the construction industry could not hide from having a beastly time. -cmw

Barber Specialties – Project Manager Bre Barber dressed up as her dad Brandon Barber sitting in his office

Rogers-O’Brien Construction

BakerTriangle

Alterman

Method Architecture

Metropolitan Contracting (METRO)

RidoutBarrett

Structure Tone Southwest – team members dress up as different Ray McCoy’s

HOLT Round Up in Waco was a very special day for the company, employees and customers. The event was held at the HOLT Manufacturing and Rebuild Center in Waco, Texas on Thurs. Oct. 27.

People from all over the state attended this large gathering where they could see and learn about the ex panding number of divisions that makeup the HOLT family of companies.

Food and entertainment a plenty were available to guests at the event. A barbecue dinner was served as the stage became active with musical artists which fea tured The Randy Rogers Band as the closing act.

Comments from attendees were very positive be cause this one event was able to show the depth of the HOLT family of companies for the construction industry.

-bd

HOLT CAT®

The largest Caterpillar® Equipment dealer in the United States serving 118 Texas counties spanning from the Red River to the Rio Grande. www.holtcat.com

TEXAS First Rentals®

A leading construction equipment rental company. www.texasfirstrentals.com

The legacy continues

HOLT Truck Centers®

Provides rebuilds, service and parts for all makes and models of on-highway trucks, RV’s and trailers through out Texas and Oklahoma. They also have a large invento ry of new and used vehicles and equipment. www.holttruckcenters.com

HOLT Manufacturing

Designs, engineers and produces a full line of Spray King® water tanks. www.holtmfg.com

HOLT Crane & Equipment®

Authorized dealer for Magni Telescopic Handlers, Vita Inclinata’s Load Stability System® and Link-Belt Crane. www.holtcrane.com

HOLT Used

Sells quality used equipment including loaders, excava tors, forklifts, water trucks and more. All equipment is supplied by the HOLT Family of Companies. www.holtused.com

HOLT Renewables

Provided solar design, engineering, procurement, con struction and maintenance to help customers achieve energy savings and meet their renewable energy goals. www.holt renewables.com

HOLT Industrial Systems

One of the largest independent air compressor distribu tors of Sullair’s full line of stationary and portable indus trial air compressors. www.holt industrialsystems.com

SITECH Tejas

Provides reliable construction technology systems to civil engineering and construction contractors.

Kardie Equipment (TGM Wind Services)

The leading North American distributor of the Bronto Skylift, a truck-mounted aerial work platform. www.kardieequipment.com

Global Operator Challenge winner demonstration

John Schiedeck won the North American Regional Finals of the Global Operator Challenge. This was the third round of the Caterpillar 2022/2023 Global Operator Challenge. He will go on to represent HOLT CAT at the finals at CONEXPO-CON/AGG 2023 on March 14, 2023, in Las Vegas.

NIKOLA Tre Battery Electric Vehicle

John Schiedeck Regional Finals Champ

HOLT Renewable Energy from the sun

HOLT Truck Centers

HOLT Industrial Rentals

Dinner and music

Randy Rogers Band

The photos below are of the HOLT Manufacturing and Rebuild Center

Welcome to the HOLT Round Up

Dec. 8: Annual Holiday Dinner & Party, Golfinity, 12332 FM 602 N., 4:30-7:30pm. Dec. 8: Ronald McDonald Toy Drive, Golf inity, 12332 FM 602 N., 4:30-7:30pm. For more info, contact Mandie Farabaugh at 512-719-5263 or email mfarabaugh@abc centraltexas.org

ACEA

Greater Austin Contractors & Engineers Association

Jul. 14: Monthly Membership Luncheon, Norris Conference Center, 2525 W. Ander son Ln. #365, 11:30am-1pm. $40 Member, $45 On-site Member, $55 Non-member. Dec. 15: Christmas for the Children, Main spring Schools, 1100 W. Live Oak St., 9am3pm. For more info, call Silvia Pendleton at 512-893-7067

AGC

Associated General Contractor Texas Dec. 14: Annual Holiday Party, Q2 Stadi um, 10414 McKalla Pl. For more info, email Toni Osberry at 512-994-4401 or email to nio@agcaustin.org

CENTEX IEC

Central Texas Chapter Independent Electrical Contractors

Dec. 2: Christmas Casino Night, Norris Conference Center Red Oak Ballroom, 2525 W. Anderson Ln., 6-11-m, $50. For more info, contact David Johnson at 512-8321333 or email djohnson@centexiec.com

DACA

Drywall Acoustical Contractors Assn Nov. 16: DACA Annual Banquet & Casino Night, Maggiano’s Little Italy at The Do main, 10910 Domain Dr. #100. For more info, contact Eddie McCormick at eddie@ dacaaustin.org

HBA

Home Builders Association

Dec. 8: President’s Install and State of HBA Luncheon, Austin Board of Realtors, 4800 Spicewood Springs Rd., 11:30am1pm, $500 Event Partner – 4 Tickets. For more info, contact Erin Scott at 512-9829187 or email erin@hbaaustin.com

CTSA

Central Texas Subcontractors Association Dec. 13: Holiday Dinner Party, Top of the Oasis, 6550 Commanche Trail, 5:30-8pm. For more info, contact Wendy Lambert at 512-255-6373 or email wendy@ctsaon line.org

NAWIC

National Assn of Women in Construction Dec. 7: Holiday Party, Ferguson Bath, Kitchen & Lighting Gallery, 9333 Research Blvd., 5:30-8pm. For more info, contact Marci Kincheloe at 512-629-1362 or email marcikyle@aol.com

NARI

National Assn of the Remodeling Industry

Dec. 8: Come Share in the Spirit of the Holidays, Builders First Source, 2106 Den ton Dr., 5-8pm, Register with Tricia Hick man or call 512-977-7414. For more info, Kayvon Leath at 512-997-6274 or email kayvon@austinnari.org

SEAot

Structural Engineers Association of Texas Dec. 1: Chapter Meeting, Maggiano’s Lit tle Italy, 10910 Domain Dr. #100. For more info, call 512-301-2744

TSPE

Texas Society of Professional Engineers

Dec. 14: Ortega Elementary Holiday Par ty, Holiday Inn Midtown, 6000 Middle Fiskville Rd., 11:30am-1pm. For more info, contact Adeliza Ramirez at adeliza. ramirez@volkert.com or tspe.travis@ gmail.com

TXAPA

Texas Asphalt Pavement Association Dec. 7: Workforce Development Sympo sium, TXAPA Campus, 219 Commercial Dr., Buda, TX, 11:30am-6:30pm. Dec. 15: TXAPA Live! Cold Weather Pav ing & Importance of Temperature, 3-4pm. For more info, contact Becky Schaeffer at 512-312-2099 or email bschaeffer@texas asphalt.org

Shooting for PAC

On Oct. 11, the Texas Construction Association (TCA) hosted its TCA PAC Clay Shoot at the Greater Houston Sports Club. There, members and guests enjoyed a beautiful day bust ing clays. All proceeds from the event benefit the association’s Political Action Committee (PAC).

Success with golf

Round-Up

White Construction is pleased to announce: Travis Chaney has been added to the White team after completing an in ternship with White Construction as part of his Construction Science degree from Texas A&M. His current assignment is an almost 1,000,000 sf high-end mixed-use structure in north Austin’s new Uptown ATX. -cmw

Adam Allert has been promoted to Senior Assistant Su perintendent. With over 30 years of con struction experience, Allert has acquired a broad view that rang es from the perspective of entry-level trades to artisan-level craftsmanship. He strives to balance the goal of perfection with the reality of progress while main taining a terrific sense of humor. -cmw

Reid Rohde has joined the White team as Superinten dent. Working his way through Texas A&M University, and completing a sum mer internship, he re turned to become part of White’s con struction management family as a Proj ect Engineer earning two promotions to become superintendent. -cmw

Anoop Bains joins the White family as Senior Estimator. Bains began his con struction career as a Field Engineer in Dubai, UAE. He re turned to Texas A&M University in 2008 to complete a Master of Science in Construction Management. Since then, he has amassed an impres sive list of projects for which he has pro vided estimating services. -cmw

Freese and Nichols is pleased to announce:

Morgan White, CFM, CTCM, has joined the Freese and Nichols team as Program Manager. A certified Floodplain Manager and certified Texas Contract Manager, she has substantial flood planning and project management expertise from working for state agencies such as the Tex as Commission on Environmental Quality, Texas Department of Agriculture, and Tex as Water Development Board. -cmw

Kyle Sanderson has been promoted to Su perintendent. Sander son started as an in tern and officially joined the Beck family in 2019 as an Assistant Superintendent. He is currently working on Beck’s newest inte grated, design-build corporate headquar ters project in West Austin. -cmw

Beth Valenzuela has been promoted to Se nior Associate. She serves as manager of Terracon’s architec tural history group in Austin. With 24 years of experience in the field of historic preservation, Valenzuela leads the group as they support local, re gional, and national clients to meet regu latory requirements related to the identifi cation, evaluation, and assessment of project effects to historic properties. -cmw

Muna Mitchell, PE, also joins the Freese and Nichols team as Bridge Team Lead En gineer. She has 25plus years of experi ence delivering trans portation and struc tural solutions, including designing TxDOT bridges across Texas, including phased bridge replacement, long-span steel bridges, and bridges over and supporting rail. She is a Professional Engineer in Texas, Florida, and Oklahoma. -cmw

Michael Welsh was promoted to Project Architect. Welsh has modeled strong proj ect management skills and has been a part of the Beck fami ly for almost ten years. He’s worked on several projects in cluding, Omni Barton Creek Resort & Spa, Le Meridien Houston, and recently com pleted RiverSouth. -cmw

Kayla Maines, AIA has been promoted to the position of Se nior Associate. Dedi cated to Terracon’s vision of safe, profit able growth, she serves as manager of Terracon’s building enclosure group. Her responsibilities include managing a di verse group of professionals, developing strong client relationships, and providing strategic leadership to her team. -cmw

Stantec is pleased to announce Luis Maristany has joined the Stantec team as a senior coastal engi neer, where he will work to grow Stan tec’s coastal group in Texas. Maristany earned his bachelor’s de gree in ocean engineering with a minor in oceanography from the Florida Institute of Technology and brings 10 years of coastal resources experience, including marsh habitat creation, shoreline erosion protection and restoration, and dredging projects for the Texas General Land Office and numerous coastal counties. -cmw www.

ARCO/Murray is de lighted to announce the promotion of Paul Wagner to Prin cipal and Partner. As the founder and leader of ARCO’s Aus tin office, Wagner has worked diligently to establish ARCO as a design/build resource in the Central Tex as area. As a Partner, Wagner will focus on solidifying a strong culture, team, and operational structure while delivering an exceptional client experience on every project. He will continue to define rela tionships and stay involved locally throughout Central Texas. -cmw

The Beck Group is pleased to announce the following promotions:

Terracon is pleased to announce:

The Central Texas Chapter of Associated Builders & Contractors (ABC) had a very successful golf tournament at River Place Golf Club. The event was held on Oct. 24.

Congratulations to 1st Place team Chalkline Construction LLC L-R: Bryan Brown, Ryan Ritchie, Ryan Zamorano, and Dalton Wallace. -cmw

ABC

Associated Builders & Contractors

Representatives from Karsten Interior Services try their luck on Field 1

Representatives from Lonestar Progress, Scott-Macon Equipment, and Dawson Company bust clays on Field 4

from Page 1 — Stripe-It-Up

While all things asphalt in a more northern climate like Toledo is pretty much a six-month job, Texas is not. “Ev erybody [up north] goes on unemploy ment for six months, then it’s off to the races again” once it gets warm.

Stripe-It-Up stays busy is the bottom line. “Every day we could be in three dif ferent cities,” Wheeler said, with most be ing one or two-day projects.

“Amazon was a big deal in 2019, 2020 and 2021,” he said, “when they built all those fulfillment centers.” Those jobs took longer as several were built through out the state.

Chick-fil-A is one company that wants their parking lot striping to be done every year, even though technically the markings could still be good. They like that freshly done look and feel.

When it comes to other businesses, when they get their parking lot striping done again just depends on how bright they want it to look.

With seemingly the entire state un der construction, new subdivisions and retail centers are providing plenty of work for Wheeler and his team. “Subdivi

sions are huge,” Wheeler said. Austin is also seeing some big-gun companies coming into the area that generate plen ty of work for Stripe-It-Up, like Elon Musk’s company and Samsung.

When it comes to striping parking lots, Wheeler said that angle parking is more convenient for the customer, while straight parking allows for more spaces in the lot.

“Ninety-five percent of the time we are dealing directly with the general con tractor,” he said, with the remaining five percent with the company that does the actual paving. The curing time of the as phalt will also determine when Stripe-ItUp can come in to complete the project.

Asphalt can vary as well. A high-end asphalt is used for a project like a race track or highway, whereas a parking lot doesn’t require the same grade.

Wheeler’s involvement with all things asphalt go back a long way; he earned his stripes from the ground up, and still loves to roll up his sleeves and get out on the front lines with his guys.

Stripe-It-Up is an asphalt repair and parking lot striping company, based in Aus tin. -dsz

continued from Page 1 — Holt Industrial Rentals

just individual pieces of equipment,” said Holt Industrial Rentals General Man ager Don Myrick. “It eases the burden of running their businesses by offload ing the expertise needed to plan out these large, temporary industrial solu tions.”

HOLT found that recent studies indi cate an expected growth in equipment rental of $64 billion by 2025. This is in part due to an expected rise in party and event planning, growth in oil and gas production, rising employment, and rapid urbanization.

Having seen an increase in rental re quests across HOLT’s businesses, Peter J. Holt , CEO of HOLT stated, “HOLT has always been an organization that pivots to meet the needs of our customers. We understand the importance of rentals across the industrial, construction, and facilities equipment industries and the role our services can play in the success of these businesses. Temporary industri al solutions are critical to keeping pro ductivity going at the pace necessary in today’s business landscape, and we are excited to launch this new company.”

In addition to the larger scale of op erations and the increased speed of business, companies are also feeling the strain of increased inclement weather such as freezes, heat waves, and natural disasters that can bring business to a halt. HOLT is continuously looking for ways to provide solutions to their cus tomers. HOLT Industrial Rentals is just that. The company provides service throughout Texas with a location in San Antonio and several others coming soon in Dallas, Corpus Christi, Georgetown, and Houston. It is part of HOLT’s com mitment to bringing added value to its customers with safe, premium products that support multiple industries.

HOLT Industrial Rentals is part of the HOLT family of companies. -cmw

Teel’s very first job from start to finish was a courthouse restoration in Stephen ville. “That was the first job I had in my hands,” followed by some houses in Aus tin.

At the present, Continental’s work load is split pretty much 50-50 between commercial and residential projects, but that can and does fluctuate. “Six to eight years ago we were probably 90 percent commercial. When I first started out it was about 90 percent residential.”

Teel has the advantage of having

good, local quarries from which to draw his materials, but there is an abundance of resources throughout America as well. “I don’t import anything,” he said. “I’m a domestic producer.”

Teel lists such places as Pennsylvania and Colorado for sandstone, Wisconsin and Minnesota for limestone and granite. Eastern Tennessee is a hotbed for sand stone. Kansas and Alabama produce limestone.

For commercial projects, Teel likes to get involved with the architect early on

“so they use us as a resource,” he said, “and sometimes we get specified as a preferred supplier.”

On any given day, Continental might have anywhere from 60 to 80 projects go ing on at the same time, with nothing less than a couple of months for any project.

While all projects are good, Teel en joys buildings that have more of a classi cal feel to them, that showcase what Con tinental brings to the table. “I just like shaping stone into interesting shapes,” he said. The beauty and durability of the

natural elements “all kind of gives me a charge,”

Teel has done work all over the coun try, but the Dallas/Fort Worth Metroplex and the Austin area provides a lot of steady work.

After 35 years in the game, Teel still loves it and doesn’t “have an exit strate gy” at the moment but will when it comes time. Oh, Teel lives in the country too.

Continental Cut Stone is a supplier of limestone materials, based in Florence. -dsz

continued from Page 1 — Continental Cut Stone

Fun in the rain

On Nov. 19, Associated General Contractors hosted their 2nd An nual Rodeo & BBQ Cook-off. The family event was held at Mayfest Park in Bastrop, TX where Mother Nature made her presence known. With temperatures in the upper 30s, cooking teams and their guests stayed huddled near their fire pits trying to stay warm and dry as the skies wept throughout the day keeping the grounds a slippery mess. Despite the weather conditions, 20 cooking teams braved the weather. Thirteen AGC mem bers signed up for bull riding giving their

JE Dunn Construction Group

The Beck Group

Biggs Plumbing Co. Inc.

Bartlett Cocke General Contractors

SpawGlass Contractors

Alterman Chamberlin Roofing & Waterproofing

Penhall Company

Rogers-O’Brien Construction Dynamic Glass – Dynamic Metal Equipment Depot

WhiteCap Opifex

DKR Memorial Stadium South End Zone

Texas electrical contractor Alterman recently completed work for the University of Texas DKR Memorial Stadium South End Zone project. The 240,000-sf addition fully encloses the sta dium for the first time and provides dy namic experiences for fans, including new suites and seating, concessions, new weight, and locker rooms, as well as meeting rooms and offices for coaching staff. Alterman is proud to have worked on one of the facility’s most prominent features, the Longhorn-shaped balcony. For the Alterman team, lighting this prominent aspect of the project brought unique challenges, including ensuring the lights emitted the perfect color in one continuous line. Visually striking during the day, the longhorn-shaped cutout comes to life at night, clearly delin eated and glowing in the school’s colors. It is the only such feature of its kind in any college stadium in the US.

Alterman was responsible for power distribution, branch power lighting, and lighting controls as well as mechanical power for the entire facility. The nearly three-year project with Hensel Phelps as contractor presented a unique challenge as one of three major construction proj ects happening simultaneously and in close proximity. The Alterman team coor dinated with the contractor as well as football and athletics operations to en sure continuity and avoid obtrusive shut downs and power outages to ensure that training and recruitment could continue uninterrupted. “The football team was still working out, the coaches still had their offices, so coordinating power out ages and shutdowns around their sched ules was a huge priority, so we didn’t af fect recruitment or training,” says David

ICON, the leader of advanced construc tion technologies, pioneering largescale 3D printing, unveiled its newest 3D-printed home, “House Zero,” in Aus tin, TX in March 2022. This project pushed the boundaries of what’s possible with 3D-printing construction methods and invented new architectural vernaculars and design languages. Our goal for this project was to educate the media, indus try, and public that dignified, resilient housing should be accessible to all and that traditional homebuilding methods will not achieve the one billion homes needed on this planet. We believe it starts with 3D printing and that this is the future of homebuilding.

Located in East Austin, House Zero, the first project in ICON’s “Exploration Se ries,” was 3D printed by our next-gen Vul can construction system and designed by Lake|Flato who is known for their sustain able designs. Blending mid-century mod ernist ranch house aesthetics, the home features an elevated architectural and energy-efficient design that highlights the benefits of resiliency and sustainabili ty, with the digital possibilities of additive construction.

This innovative home, a 2,000sf-plus, 3 bedroom/2.5 bath home with a 350sf, 1 bedroom/1 bath accessory dwelling unit, features ICON’s resilient 3D-printed wall system which replaces a building system traditionally made up of multiple steps saving time, waste, and cost. ICON’s Vul can Construction system, a 9,500-lb. ro bot, printed the wall system of this house in about 10 days. The walls of the home are made with a proprietary cementi tious-based material, “Lavacrete,” insula tion, and steel for reinforcing. Lavacrete provides thermal mass that slows heat transfer into the home, and the combina

Deschaine, a project manager for Alter man in Austin. In addition, the project presented particular safety challenges, with movement of students and faculty all around the campus site throughout the day and the use of the stadium for practice and games. To accommodate this, the job site was cleared and secured

DKR Memorial Stadium South End Zone on Fridays before game days.

Alterman is a Texas electrical con tractor that performs the full scope of electrical construction. Founded in San Antonio n 1923, the employee-owned company has grown to include offices around the state and expanded its capa bilities through low voltage technologies

House Zero

along with industrial construction and system automation with a particular fo cus on innovation.

Alterman is an employee-owned elec trical contractor. -cmw

tion of thermal mass, increased insula tion, and an airtight wall increases its en ergy efficiency and reduces lifecycle costs.

Biophilic principles — the way that humans connect with nature and na ture-inspired compositions and creations — are behind much of Lake|Flato’s de sign of House Zero and could only be ac complished using ICON’s next-genera tion 3D-printing technology. The curving of the walls creates structurally efficient self-stability, while the rounded corners allow for softer, more naturalistic circula tion routes throughout the home. Door ways and windows were strategically placed to accentuate accompanying landscapes; eastern-facing high cleresto ry windows illuminate the living room with soft, yet dynamic, sunlight, minimiz ing the need for electrical lighting throughout the day.

ICON is reimagining the future by putting advanced robotics in service to humanity. Photos courtesy of Casey Dunn and Regan Morton. -cmw

Exterior view of House Zero

House Zero carport

Alterman Austin, TX

Alamo Trails Golf Course – Cart Path Erosion Void Fill and Seawall

The prevailing wind blowing across an irrigation pond on the Alamo Trails golf course for many years caused extensive erosion of the sloping bank and eventually created a huge 4-ft by 220-ft void under the cart path that sweeps around the 7th green.

The standard option for repair would be to remove and replace the cart path which would be expensive and disrup tive. It would require access for several large trucks, down multiple fairways to remove over 2000sf of existing concrete, excavating and installing a retaining wall 5ft tall and 240ft long, and replacing ap proximately 60 yards of fill. Then, 30 yards of new concrete would need to be poured for the cart path. The timeline for this would be four to six weeks.

After the water level was dropped by the owners, CRC Concrete Raising and Repair ’s crew began clearing the debris at the base of the cart path. Then they

started spraying TerraThane 24-023 Geo technical Polyurethane Foam to fill the void and support the existing cart path without adding too much additional weight compared with that of other types of fill.

While the void was being filled, the CRC crew started installing Everlast vinyl sheet piles to create a “seawall” to pre vent erosion from happening again. The sheet piles were attached to the existing slab and drainage from the green was routed through the seawall. All voids were filled after the seawall was complet ed. The seawall was finished with a treat ed wood cap.

The project was completed in two weeks. The cost was 25 percent of the standard solution as described above.

CRC Concrete Raising and Repair is a concrete raising, repair, and soil stabiliza tion contractor in Austin, TX. -cmw

CRC Concrete Raising and Repair Austin, TX

While the void was being filled, the CRC crew started installing Everlast vinyl sheet piles to create a “seawall” to prevent erosion from happening again.

The finished seawall with wood caps.

CRC team members spray TerraThane 24-023 Geotechnical Polyurethane Foam to fill the eroded void.

4-ft by 220-ft erosion underneath the cart path

Clays for charity

American Constructors hosted its 10th Annual Clay Shoot fundraiser on Oct. 21 with 100 percent of pro ceeds benefiting the Boys & Girls Clubs of the Austin Area. The fun-filled event was held at Capital Clays and included door prizes, lunch, dinner, awards for the top shooters, a gun raffle, and more.

“Thanks to our generous sponsors and participants,” says American Con structors CEO Marty Burger. “We are proud to announce that the 2022 event raised $100,000 for BGCAA, supporting Austin’s youth by developing lasting skills in leadership, academic success, and

healthy lifestyles. This marks the largest donation ever to BGCAA since the Clay Shoot began in 2012.” -cmw

10th Annual Clay Shoot winners:

1st Place: Rock’n C Ranch - Brian Hill, Tim Wilhelm, Jeff Boyd, Jerry Conway, and Jon Dayton

2nd Place: Jose I Guerra - Austin Berry Tom Ingram, Colby Brock, Daniel Lind, and Shawn Allen

3rd Place: Pickett, Kem and AssociatesNick Thanos, Mark McNeal, James Conkle, Gary Pickett, and Michael Conkle

Participants enjoyed a great day of shooting at American Constructors 10 th Annual Clay Shoot

Rock’n C Ranch

JE Dunn Construction team members participated in the 100-mile Livestrong Challenge Ride on Oct. 23. Participants had the option to ride in varying lengths of 20, 45, 65 or 100 miles through the beautiful Texas Hill Country, starting and ending in downtown Austin. -cmw

The Austin Chapter of the National Association of the Remodeling Industry (NARI) held its Annual Chili Cook-off & Cornhole Tournament on Oct. 28. The event was held at Arizona Tile where guests enjoyed some of Austin’s best chili and lots of fun for all. –cmw

A match paved in heaven

Fun for all

Moore friends

After five years at White Cap Construction Supply, 15 years at Western Fasteners and 15 years at Texas Tool and Fastener, beloved Central Texas purchasing fixture Carl Schomburg is riding into the sunset.

Local architects, engineers and builders showcased their giant sculptures made entirely of canned foods at Canstruction Austin held at Barton Creek Square Mall.

The Rogers-O’Brien Construction Austin office held a Quality Achiever Day at Bentwood in Georgetown, TX. Various activities included tug-o-war, skeet shooting, horseshoes and table games. Javier Rojas, assistant superintendent led everyone in a wellness message and exercise. Everyone had their fill of barbecue and door prizes were also given out.

L-R: Terry Bell and Raul Castillo Jr. are all smiles at Austin Tool. The company sells, rents and repairs tools.

L-R: Johnathon Davenport, Robert Arroyo and Ruben Rosales take care of business at the Aces A/C Supply Inc. Todd Lane location.

Manager Justin Bergeron and salesman Ryan Reyes assist folks looking for plumbing supplies, pipe, valves and fittings at Moore Supply Co

L-R: Charlie Clarkson, president of ROMCO; Bob Mullins, founder and chairman of ROMCO; Robert Nichols, CEO of Conley Lott Nichols, and Robert Mullins, CEO of ROMCO

ROMCO Equipment Company recently announced the acquisition of Conley Lott Nichols (CLN ).