The Contractor's Compass - January 2023

The Contractor’s Compass is the monthly educational journal of the Foundation of the American Subcontractors Association, Inc. (FASA) and part of FASA’s Contractors’ Knowledge Network. FASA was established in 1987 as a 501(c)(3) tax-exempt entity to support research, education

Through its Contractors’ Knowledge Network, FASA is committed to forging and exploring the critical issues shaping subcontractors and specialty trade contractors in the construction industry. The journal is designed to equip construction subcontractors with the ideas, tools and tactics they need to thrive.

The views expressed by contributors to The Contractor’s do not necessarily represent the opinions of FASA or the American Subcontractors Association, Inc.

To educate and equip subcontractors and suppliers with the education and resources they need to thrive in the construction industry. Additionally, FASA raises awareness about issues critical to and about construction in the

The Contractor’s Compass is a free monthly publication for ASA members and nonmembers. For questions about subscribing, please contact communications@asa-hq.

Interested in advertising? Contact Richard Bright rbright@ASA-hq.com advertising@ASA-hq.com

SUBMISSIONS

Contributing authors are encouraged to submit a brief abstract of their article idea before providing a full-length feature article. Feature articles should be no longer than 1,500 words and comply with The Associated Press style guidelines. Article submissions become the property of ASA and FASA. The editor reserves the right to edit all accepted editorial submissions for length, style, clarity, spelling and punctuation. Send abstracts and submissions for The Contractor’s Compass to communications@ASA-hq. com.

ABOUT ASA

ASA is a nonprofit trade association of union and non-union subcontractors and suppliers. Through a nationwide network of local and state ASA associations, members receive information and education on relevant business issues and work together to protect their rights as an integral part of the construction team. For more information about becoming an ASA member, contact ASA at 1004 Duke St., Alexandria, VA 22314-3588, (703) 684-3450, membership@ASA-hq.com, or visit the ASA Web site, www. asaonline.com.

LAYOUT

Angela M Roe angelamroe@gmail.com © 2023 Foundation of the American Subcontractors Association, Inc.

PRESIDENT'S LETTER

Knock, Knock. Who’s there? ASA of Austin, Texas!! Who? What!!! WELCOME!!

Dear Readers—

We just launched our newest chapter - in Austin, Texas! Read all about it on page 8.

The start of a new year, and we get excited about new starts, positive energy, and ambitious goals. And then winter blues, rain/ snow, a few hiccups, and maybe we settle for not so ambitious goals.

Not so fast. Your goals are also others’ goals - growing the business by a certain percentage, hiring needed staff, decreasing receivables. At SUBExcel, you get the chance to connect with people from around the country that are dealing with the exact same challenges, issues, and possibilities that you are. Three days to hang out, learn, chat, commiserate, discuss, and brainstorm with others who are in your shoes. We’re expanding the peer-to-peer sessions to allow you to get in deep with no fear of repercussions.

Plus, we’re bringing the ”best in the business” who have counseled this industry for years, helped others grow, lead, pass the baton, and are eager to share their knowledge. So what are you waiting for? This year’s SUBExcel is • less expensive than last year, • centrally located to a majority of our members, and • hosting events that are unique to Texas and Ft. Worth

If you’ve been thinking about coming, this year is it. If you’ve been coming… encourage a colleague - ASA member or non-member - to come. Your time and money are precious commitments in this world. We do our best to make your time at SUBExcel what you want it to be.

Take a look at the agenda. Take a look at the sessions. Get your ticket, book your hotel, and start planning. Follow us on social media to get the latest updates. We look forward to welcoming you to Ft. Worth and making this the value you need it to be.

In the meantime, Happy New Year, stay warm, stay safe, get some fresh air and deep breaths when you get frustrated, and we’ll see you in Ft. Worth.

Rusty Plowman

ASA President 2022-2023

CONTRACTOR COMMUNITY

Welcome New Silver Sponsor

Many construction businesses struggle to bridge the communication gap between their work in the field and their back office. G+F Business & Financial Consulting provides tools, advice and financial guidance so construction business owners know their numbers and improve their cash flow. G+F was founded in May 2016 by construction accountant Timothy Wingate Jr.

Operating virtually, G+F serves construction clients across the United States. Specialty areas include project profitability, advanced construction tax planning, strategic advisory services, and assisting companies in resolving tax debts.

With first-hand knowledge of the construction industry and a deep understanding of taxes and finances, Timothy provides tools, advice and

financial guidance to his clients so they better understand their finances and improve their cash flow.

Brianna Wright Memorial Scholarship Fund

Are you an Executive Director or Chapter Leadership member and interested in attending SUBExcel, but are worried that you don't have the funds required due to financial constraints or your chapter lacking event funds? Please consider applying for the Brianna Wright Memorial Scholarship Fund to enable you to attend our annual convention.

The Chapter Scholarship Fund has been proudly renamed the Brianna Wright Memorial Scholarship Fund in honor of the late Brianna Wright, the beloved Executive Director of the ASA of Houston chapter. Her dedication to ASA and her contributions to the organization over her decades of service will never be forgotten. The

Brianna Wright Memorial Scholarship fund helps chapters send participants from their local region to ASA National events in order to network, learn from their peers on a national level, and to help ensure that all ASA chapters are represented at national gatherings.

If you are also interested in donating to the fund, you can do so by clicking here. Your donations are greatly appreciated and will help us forever honor Brianna's legacy.

Brianna Wright loved coming together with her ASA family, and we hope that this effort will help others join in something she enjoyed so much. Thank you for helping us honor her at future SUBExcel events.

ASA Submits Comments on DOL’s Independent Contractor Proposed Rule

In late December, ASA, along with the Small Business Legislative

Council (SBLC), submitted comments on the Department of Labor (DOL)’s Independent Contractor Rule. The SBLC (ASA is a long-standing member) is an independent, permanent coalition of national trade and professional associations whose goal is to maximize the advocacy and presence of small business on Federal legislative and regulatory policy issues, and to disseminate information on the impact of public policy on small businesses.

Per our comments, “we appreciate the need for guardrails that protect workers and prevent unscrupulous employers from misclassifying employees as independent contractors to avoid the application of the Fair Labor Standards Act and other wage and hour laws. However, it is critical that these tests be flexible and dynamic to capture the many legitimate areas where independent contractors play a critical function in our economy. Small businesses use legitimate independent contractors for a whole range of different purposes – from outsourcing functions like marketing, to an independent contractor who might provide these services, to a whole host of different small businesses to engaging experts to provide specialized industry-specific services in areas where the business lacks expertise. Small business owners are generally not lawyers or accountants and the more complex the rules, the more businesses have to spend on obtaining professional advice – money that could otherwise be invested in their business. While the SBLC has not taken a position on whether the economic realities test strikes the right balance, applying a test like the economic realities test that has been fleshed out over years through case law and administrative guidance certainly makes this complex issue easier to navigate.”

We concluded our comments by applauding the DOL for declining calls to adopt an ABC test, like what is currently used in California, or a similar test that would apply a stringent requisite factor test rather than a balancing test. Because of the broad and varied ways in which legitimate contractors operate, particularly in the context of small businesses – a requisite factor test does not work. In fact, these tests come very close to establishing an outright ban on independent contractors. Particularly for brick and mortar small businesses that are already struggling to compete and recover from COVID, a change of this magnitude to the way that many of them have structured their businesses and workforces could be catastrophic. We appreciate the DOL’s recognition of these concerns and encourage the DOL to maintain this position in the final rule.

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A successful New Year starts right now when you use your ASA ODP Business Solutions™ Savings Program to keep you organized and on budget all year long. Whether you’re organizing your to-do lists and turning them into to-done lists, prepping for tax season, planning for the future or need to stock up on essentials. ODP is here to pave the way for a new (organized) day.

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Austin by the Numbers

ASA of Austin Texas launched in style with a celebration at the Central Machine Works Brewery. With more than 150 people in attendance, Austin proved once again that things are bigger in Texas!

Rebecca East, the new Executive Director of this newest ASA chapter, was thrilled to see so many people welcoming her and the businesses eager to join this chapter. Richard Bright, COO of ASA, was certain he’d never seen such support for a new chapter, exclaiming, “This is just incredible! The support and enthusiasm from this region is stupendous!” Rebecca added, “I’m so excited to get started and continue connecting with Austin’s subcontractors.”

Other executive directors (Jennifer Swinney of ASA San Antonio and Beverly Reynal of ASA N. Texas) and board members were there, as well as the Texas Construction Associationall showing their support and encouragement to the new chapter as it blasts into the ASA stratosphere!

More than 15 board members are planning great things for this chapter, and if you are a subcontractor or supplier located in Austin, you should come and check us out!

On behalf of all ASA members, Welcome, Austin!

On January 12, 2023, the American Subcontractors Association welcomed a new chapter into the fold.

Subcontractor Legal Defense Fund

Just One of Many Aspects That Makes ASA So Special

The courts are a key battleground in the fight for subcontractor rights. The American Subcontractors Association’s (ASA) Subcontractors Legal Defense Fund (SLDF) supports critical legal activities to protect the interests of all construction subcontractors.

The funds invest in precedentsetting litigation to establish subcontractors’ rights across the country.

Our ASA members and sponsors provide the generous support that keeps this fund active on the cases carefully selected for representation by our subcontractor community. Robert Abney, Senior Vice President of F.L. Crane & Sons in Mississippi, has been a long-time and consistent backer of the Subcontractor Legal Defense Fund, along with a myriad of other high-profile subcontractors across the country.

How long has your company been supporting the SLDF?

We have contributed to SLDF for over 20 years, but we have been more intentional over the last six.

What was the primary reason you selected the Fund for support?

A lobbyist once explained that the easiest and quickest ways to get change in the law was through judicial

precedent. Lobbying for laws can be expensive and take years to get the right people to pass a bill. Knowing this, I got involved in the SLDF task force. I quickly realized the SLDF task force is full of brilliant people wanting to leave the industry better than we found it, making it one of the easiest & best decisions to join and serve.

Are there any particular cases that come to mind that especially demonstrated to you the importance of the SLDF?

Frankly, they are all special when you really think about it. The cases the SLDF takes on have great significance for every contractor. The SLDF committee takes great care to select the cases that can shape positive outcomes for subs.

What would you say to ASA members and other potential SLDF donors who may be asking why it is important to keep these cases funded?

Nowhere else can you influence a case with such a limited cost with best co-defendants and world

class representation. It is imperative that we, ASA, as the voice for all subcontractors, champion what is right and fair for the subcontracting industry.

The Contractor’s Compass is recognizing excellence in ASA’s ranks. Every month we are highlighting the activities, achievements, and actions of ASA members that might inspire others. Do you have something you want to share? Send us an email at communications@asa-hq.com.

GOV'T RELATIONS 2022 REVIEW

Despite the ever-changing political, regulatory, and legislative landscape, the ASA Government Relations Team wanted to briefly update you on our 2022 legislative successes. Though last year proved to be challenging, we offer thanks to our Government Relations Committee (GRC) for their tireless efforts in advocating for our members and industry as we worked to address your 2022 Legislative Priorities.

Recently Enacted Laws impacting ASA

• Inflation Reduction Act of 2022 signed into law, August 22, 2022.

• $3.45 Trillion in energy and climate programs

• The CHIPS and Science Act of 2022 signed into law August 9, 2022 (semiconductors and scientific research)

• Oceans Shipping Reform Act signed into law on June 16, 2022 (ports’ supply chain issues)

• Implementation of the Infrastructure Investment Jobs Act (IIJA) signed into law on November 15, 2021.

ASA’s 2022 Legislative Priorities

• H.R. 8273, the “Small Business Payment Performance Act” (ASA drafted legislation)

• On July 14, 2022, the House included H.R. 8273 in the FY23 National Defense Authorization Act (NDAA)

• PRICE Act (ASA and AGC drafted legislation)

• Opposition to Federal Gas Tax Holiday

• Infrastructure Package Implementation

• Introduction of Comprehensive Federal Procurement Legislation: change order and statute of repose reform, pre bid transparency in federal contracts

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P3 Bonding Water Transportation Projects

The FY23 National Defense Authorization Act (NDAA) included ASA supported procurement policies regarding progress payments, cash flow, military base access, PFAS, architectural and engineering services, and wastewater assistance. Our top priority for this year’s bill was change order reform, but unfortunately the final bill did not address such reform. In July, Reps. Peters (D-CA) and Stauber (RMN), the co-chairs of the Congressional Procurement Caucus, addressed change order reform by introducing H.R. 8273, the “Small Business Payment Performance Act" This legislation was

Photo taken at the White House Holiday Reception on Monday, December 12, 2022

included as an amendment to the House version of the FY23 NDAA and it would assist small business construction contractors receive timely payment for change orders.

Construction firms of all sizes, but especially small businesses, have had to weather the effects of the pandemic and soaring construction materials costs. This commonsense and bipartisan legislation would help ensure that our nation’s small business construction contractors do not go bankrupt waiting to be paid for work the federal government ordered them to perform. We continue to make change order reform a priority in the 118th Congress.

Additionally, on September 23, the Federal Acquisition (FAR) Council released the final rule implementing an ASA backed reform that will bring unprecedented transparency and accountability to federal agencies’ change order processes. ASA, along with the Construction Industry Procurement Coalition (CIPC), successfully led the legislative effort to include these reforms in the FY18 NDAA responsible for this final rule.

Effective on October 28, this regulation applies to any federal solicitation for small business construction contracts and will require agencies to:

• Publish their policies and procedures for processing change orders (REAs);

• Begin to track the time it takes the agency to definitize change orders; and

• Publish this data on those solicitations and on a public website.

The new regulation will bring transparency to an issue that has long been costing federal contractors time and money. Federal agencies will have

to focus on creating coherent policies and procedures for processing change orders.

ASA addressed the following regulatory issues in 2022:

• DOL Proposed Rules: Project Labor Agreements, Independent Contractor, Davis Bacon, Overtime, and Joint Employer

• ASA called upon DOT Secretary to delay Buy America, Build America Act (BABAA) in IIJA

• Vaccine Mandates (OSHA and Federal) and OSHA Vaccine on Healthcare Construction

• OSHA

• Healthcare Construction

• Blood Lead Levels

• Process Safety Management for Hazardous Chemicals

• Severe Violator Enforcement

• Personal Protective Equipment

• Heat and Injury Illness Prevention

• Pending EPA HBCD Rulemaking

• SBA Surety Bond Guarantee Program – Retention Bonds

ASA Government Relations Director, Mike Oscar,continued his visits with chapters across the country. Mike visited the following chapters to provide our members with a federal legislative, regulatory, and political update. Each of these chapter visits provided a tremendous opportunity to brief members about ASA’s efforts to advance subcontracting issues nationwide, while also highlighting individual chapters:

• Carolinas

• Central PA

• New Mexico

• Utah

• Colorado

• Michigan

• ASA North Texas

• ASA of California

• Houston

• Kansas

• Mississippi

As of December 13, 2022, our social media presence increased with 2,132 people liking the ASA Facebook page, an increase from 1,312 likes from September 2019 and 2,289 people followed the page up from 1,773 followers in September 2019. On Twitter, 3,117 followers, an increase from 2,307 in September of 2019.

Additionally, this year we hosted the following podcasts and webinars:

• NASBP’s Annual Meeting Podcast with Courtney Little, the AGC and ABC Chairmen

• Price escalation webinar with Lee Brumitt

• Negotiating Form Subcontracts webinar with Mark Felezzola and Jim Yand

• Project Documentation webinar with Brian Carroll

• SBA Ombudsman’s Office Webinar

• Killer Contract Clauses with Bethany Beck

• Podcast with Jordan Howard, AGC’s Director of Federal & Heavy Construction

• Podcast with Dalton Defendis, the Surety &;Fidelity Association of America’s GRC Director

Finally, the ASA Government Relations Team looks forward to 2023, where we will build on the momentum of last year’s advocacy achievements and use our voice to continue to advance our legislative priorities. We want to thank you for your commitment to our initiatives and your passion and purpose propelled many of our 2022 legislative accomplishments. Our best wishes to you for health and happiness in the new year!

FEATURE

Four Strategies to Keep Up with 2023

by Dale Carnegie Staff

Key Insights

• In an ever-shifting world, consumers’ priorities are changing now more than ever before

• When it comes to brand loyalty, convenience, and even social accountability, brands must embrace change to appeal to customers.

Companies can no longer wall themselves off from the non-business world around them. Indeed, corporate social responsibility is on the minds of consumers as they seek out organizations who are committed to diversity efforts, social and environmental consciousness, and compassion for their employees. As

consumer priorities shift, businesses must rethink the way they market and sell their products and services.

Here are 4 ways consumers’ priorities are changing and what companies can do about it:

Shift #1: Customers buy in new ways and convenience will remain key.

Brand loyalty used to be easy. Consumers would maintain allegiance to a product, sales rep, or company and would often show their loyalty through repeat purchases and positive word of mouth. Now, for many, convenience supersedes brand loyalty.

Up to 49% of buyers admit to abandoning brick and mortar businesses with no online presence for

the ease of buying online. For example, customers who used to eat out are now favoring businesses that offer delivery or use delivery apps.

Action: Companies need to remain agile in how they respond to customers’ changing needs. Inspiring or maintaining loyalty means understanding how customers want to buy and making it easy for them to do so.

Of course, this can be done in an online way or by incorporating technology like AI tools into the buying process. For example, AI can be utilized by offering touchless checkouts or adding a customer service chat-bot function to a website. Also, consider ways to put a more

Martin Damboldt

personalized spin on an in-person service or experience to lure buyers back to physical locations.

Shift #2: Justice for minority groups is important to consumers.

For years, in the US at least, the modern work ethic and belief that if people just work hard enough then they will find success clearly did not hold true for many groups in society.

Out of this, equality—the belief that all persons should be treated equally and be given equal opportunity— became one of the most important consumer and employee movements in the past year. People recognize that more needs to be done to address underlying causes of inequality and injustice.

Action: Companies need to take steps toward diversity, equity, and inclusion (DEI) within their ranks and company culture. Consult experts and invest in continued training and education around DEI for managers and staff. Be deliberate in sharing initiatives with followers and customers, but don’t let promises of action go unfulfilled.

Shift #3: The era of less human contact is here– lean into new ways to serve customers through virtualized service.

Restaurants, bars, concerts, sporting events–the places we once gathered routinely – were opportunities to socialize while boosting the economy. Seventy-seven percent of respondents to the 2020 Gartner Consumer Behaviors and Attitudes Survey said they didn’t feel comfortable socializing in the same ways as they did before the pandemic. This means fewer chances to meet consumers in-person –a trend likely to continue even after the pandemic.

Action: Businesses need to meet consumers’ new needs by creating experiences that are comfortable, often meaning distanced from others with various safety measures in place, such

as having masks available or enhanced cleaning procedures.

Personalized experiences rather than mass events may be the new normal for many industries. For example, in-person sales seminars can become virtual events or individualized appointments. Look for ways to serve customers and generate sales that limit in-person interaction while meeting their unique needs.

Shift #4: Being environmentally responsible is good for the planet and for business.

Unabated industry growth used to be the norm, and consumers’ demands required the expansion and growth of manufacturing to meet their needs. But for many consumers, the environment is now top of mind as the world faces potentially disastrous results from climate change.

As an example, 75% of smartphone users say the mobile brand they buy from should act toward sustainability in their product designs, even down to their packaging. Up to 80% of consumers in all industries have become increasingly concerned with environmental impact with 38% reporting they have changed buying behaviors as a result.

Action: Organizations need to evaluate their impact on the environment and take steps to manage their carbon footprint and plastic use, among other concerns.

For brick-and-mortar businesses, this could be as simple as switching to energy-efficient lighting or working with suppliers who are environmentally responsible. For service-based industries, it could mean replacing company vehicles with greener options or spending on carbon offset programs.

As consumer preferences change, so too must businesses to keep up with demand. Whether it’s putting your products online or offsetting the

negative effects of manufacturing to be carbon neutral, there are several strategies companies should consider to attract socially, environmentally and convenience oriented consumers. For more strategies in an ever-changing world, check out our free training courses for ASA.

Note: If you would like further information or help registering your team, reach out to Robert.Graves@ DaleCarnegie.com for details. © 2022 Dale Carnegie and Associates. All rights reserved. Portions by Dale Carnegie staff.

About the Editor

Robert Graves, MBA, is a Dale Carnegie Certified Trainer for Dale Carnegie Tampa Bay. His focus is Relationship Selling. He is the author of “Making More Money with Technology.” He often speaks on the evolution of Marketing, Sales, and Service. Robert can be reached at robert.graves@ dalecarnegie.com or call/text 813-966-3058.

About Dale Carnegie:

Dale Carnegie is a global training and development organization specializing in leadership, communication, human relations, and sales training solutions. More than 9 million people around the world have graduated from Dale Carnegie training since it was founded in 1912. Dale Carnegie Training can help your organization build effective interpersonal skills that generate the positive emotions essential to a productive work environment that lead to increased profits.

Shorter training sessions and special ASA Member rates to get all your leaders back on the job with world class

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30-minute Session, Thurs., March 15, 2023 from 1 to 1:30 PM

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Live-Online, Instructor-Led, Dale Carnegie-Certified Training opportunities that develop leaders who keep the crew running right, support important clients, and who move your projects ahead!

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"#ForFortWorth" mural | 7 City Church | 2900 W Lancaster, Fort Worth, TX | Artist: Mariell Guzman

AGENDA

Tuesday, March 7, 2023

2:00pm - 5:00pm

Executive Committee - By invitation only

Wednesday, March 8, 2023

9:00am - 12:00pm

Finance Committee (By invitation only)

1:00pm - 5:00pm Board Meeting (By invitation only)

2:00pm - 3:00pm: Exhibitor Set-Up

3:00pm - 6:00pm: Registration 6:00pm - 8:00pm

President’s and Texas Chapters’ Welcome Reception

Thursday, March 9, 2023

7:30am - 8:30am

Executive Director / Chapter Leadership - Planning for Growth and Success

8:40am - 9:40am: Breakfast and Keynote

Tom Thibodeau - “Servant Leadership”

9:50am - 10:50am: Contractor Education - “Signing Contracts has Consequences!”

11:00am - 12:15pm: Executive Director Council

11:00am - 12:15pm: Contractor Education - “The Significant Challenges of Employee Recruitment and Retention”

12:15pm: Exhibitor Breakdown

1:00pm: Cattle Drive and Pub Crawl

Friday, March 10, 2023

7:00am - 8:00am

Foundation of the American Subcontractors Association (FASA) Board

8:00am - 9:00am: Executive Director, Chapter Leadership - Cultivating Young Leaders

9:10am - 10:10am: Breakfast and Keynote

- Chris Cassidy - “Mission: Possible -- It’s in You”

10:20am - 11:20am: Contractor Education - Succession Planning Panel

11:30am - 12:30pm: Contractor Education - “The Impact of Supply Chain Shortages, Delays & Inflation”

11:30am - 12:30pm: Government Relations Committee

12:30pm - 1:50pm: Lunch & Awards Presentation

2:00pm - 5:00pm: Executive Director - SHARE!

2:00pm - 3:00pm: Contractor Education

- Anirban Basu - “Show Me the Money (Supply)”

3:10pm - 4:10pm: Attorneys Council Taskforce Meeting

3:10pm - 4:10pm: Contractor Education - Suicide Prevention

7:00pm: Billy Bobs Honky Tonk - Off-Site Event

7:00pm: Attorneys’ Council Dinner

Saturday, March 11, 2023

9:00am - 12:00pm: Attorneys’ Council Meeting

12:30pm - 2:30pm: SLDF Fundraiser - Whiskey Ranch

THANK YOU SPONSORS!

MEET THE PANELISTS & SPEAKERS

KEYNOTE SPEAKERS

PANELISTS

Tom Thibodeau Distinguished Professor of Servant Leadership

Chris Cassidy NASA Astronaut, Navy SEAL, CEO and President of the National Medal of Honor Museum

Robert Abney FL Crane & Sons

Jamie M. Hasty VP, SESCO Management Consultants

Warren Quinn CEO, Humans at Work

Anirban Basu Chairman & CEO, Sage Policy Group, Inc.

Brian Carroll ASA Past President, Managing Partner, Sanford & Carroll, PC

Gary Semmer Exec. VP & Construction Vertical Practice Leader, Assured Partners

Larry Williams President, MEMCO

Dick Roberts President, ASA of Arizona

Stuart Binstock President & CEO, Construction Financial Management Association (CFMA)

Learn more about the speakers and panelists here

HAVE A LITTLE FUN @ SUBEXCEL

Welcome Reception

Wednesday, March 8, 6:00 pm

President’s and Texas Chapters’ Welcome Reception

Pub Crawl & Cattle Drive

Thursday, March 9, 1:00 pm

Discover the history of Fort Worth’s famous Stockyards as you visit local saloons and watering holes. Enjoy the hidden history, cold drinks, and good times. Experience the Stockyards like you never have before!

Hilton Fort Worth

Don’t miss out on informal networking at 8th & Main or the lobby bar before or after dinner!

World’s Largest Honky Tonk

Friday, March 10, 7:00 pm

Whether you want to strut your dancing stuff, ride a bull, or shoot some pool, we’ll all be having fun at Billy Bob’s Texas. We’ll start the evening with authentic western cuisine in Texas-sized portions, then move on to working off some of that great food by exploring the music memorabilia, dancing, or enjoying a variety of other activities.

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•Generate valuable sales leads.

•Introduce and demo your products.

• Promote your services.

• Promote company awareness and brand image.

• Network with industry leaders.

Hilton Fort Worth

LEGALLY SPEAKING

Pathways to Happier New Year

by James T. Yand, Miller Nash LLP

Long hours working and high stress deadlines can lead to burnout, depression, and substance abuse. A record 4.4 million workers quit their jobs in September 2021 as part of the “Great Resignation,” making it clear that to stay competitive and retain top talent, employers must make some crucial changes. Therefore, it is important for businesses to prioritize their employees’ mental health and to address these issues as they arise in customers and vendors relationships outside the organizations.

A number of trade organizations, such as the American Bar Association, have recognized the mental health crises and committed resources to help address the problem. What the ABA found, compared to the general population, lawyers are 3.6 times more likely to experience a major depressive episode. This finding came from the 2015 joint survey conducted by the American Bar Association and Hazelden Betty Ford Foundation. Other alarming stats from the survey:

• Forty-five percent of lawyers have suffered from depression.

• Sixty-one percent of lawyers reported concerns about anxiety.

• Eleven percent of lawyers reported suicidal thoughts at some point in their careers.

• Thirty-two percent of lawyers under 30 are already problem drinkers.

In response, law firms took the ABA challenge seriously and started proactively providing more resources to their employees to assist in the battle for better mental health.

A number of solutions were developed to assist in this process to help address mental health. The goal was to build wellness into professional development rather than leaving it dependent on the individual to sort out.

Applications like “Calm” provide access to stress reduction programs, music, and instruction. Calm is the number one app for sleep, meditation, and relaxation. It helps the user to manage stress, balance moods, sleep better and refocus their attention, according to its marketing materials. Guided meditation, Sleep Stories, soundscapes, breathwork and stretching exercises fill out the extensive library for its users. It promises that you will feel better by reducing anxiety, prioritizing your selfcare and by choosing a guided meditation

session that fits within your busy schedule. It allows for the introduction of mindfulness and breathing exercises into the user’s daily routine so they can experience lifechanging benefits. Users can practice self-healing and discover the happier self through the Calm experience. It is also an inexpensive way to provide support to employees without breaking the bank.

Other services are available to employers to help boost their employee assistance programs. For example, Spring Health gives its members access to programs that can be used at work or at home. Additionally, members can see a therapist in an average of just two days. In addition to therapy, members have access to comprehensive support including selfguided digital exercises, coaching, and more, to prevent and treat a range of conditions from sub-clinical concerns to high-acuity issues.

Another option is to provide webinars that specifically address mental health in the workplace and provide resources that employees can use to assist with these challenges as they come up.

Lastly, employers can increase the insurance coverage that provides mental health access. This ensures that no employee is left behind in the battle for a healthier and happier new year.

About the Author:

Jim T. Yand is a partner at Miller Nash Jim Yand’s practice focuses on resolving challenges involved in construction and property development. Jim has more than 30 years of experience resolving highconflict cases that often determine the continued success of the client’s project or business. His representation across the construction chain also allows him to craft and litigate contract terms that achieve the most effective results. This work also extends to serving as outside counsel for various trade groups and advising on a range of business questions that arise. Jim is a frequent author and speaker on various construction industry topics.

FEATURE

by Mary Klett, ASA Communications Team

People are good at hiding problems, showing different personas at work, at home, with friends. We’ve all done it. But over time, putting on a “good show” can wear us down. A death of a loved one, a severe (or maybe not so severe) injury, a divorce, whatever, can put us on a destructive path that can tear us and our loved ones apart.

Addiction

There are many outlets for stress— gambling, drinking, pain meds, exercise, eating, shopping. Each has its own rewards, and if taken to the extreme, penalties—which creates

more stress. It’s a downward spiral that can only be stopped by realizing for ourselves that we are causing harm— to ourselves and/or others—and we need to stop.

As the industry with the second highest suicide rate (after mining, oil/gas extraction), construction has many factors which contribute to this undesirable standing. Short timelines, low job security, “tough guy/ gal” culture, poor supervision and colleague support¹ are just a few of the circumstances unique to this industry. Sure, you’re in a work “team”, but each person has their own responsibility. A

person without a support system can quickly lead to depression, alcoholism, suicide. An injury and/or subsequent surgery can lead to opioid addiction after just a few days of use. Patients need to self-advocate and know the questions to ask.

The Covid pandemic has merged work and private life, created more stress, and brought mental wellness to the forefront of our healthcare system. Finally. So the first thing to do is make sure the support system is there. It may be family, friends, or it may need to come from work, where people spend the majority of their waking hours. Having an effective Employee Assistance Program (EAP) is vital to a successful company. People need to feel safe, that they’ll be listened to, and heard. They need to be able to talk with someone who understands their anxieties, their thoughts, what they’re saying, and just as importantly, what they’re NOT saying.

There are plenty of highly functioning persons with various addictions. But while they may think they’re only harming themselves, others notice. Lateness, sloppy work, slower work…it may happen gradually, but you’re not just harming yourself, you’re hurting everyone who relies on you. People notice.

How to help; how to get help

Everyone can play a role in preventing suicide. If a person has made up their mind to kill themselves, there’s nothing you can do. But…if you suspect someone might be having suicidal thoughts, TALK TO THEM. Ask

“If I didn’t want you to know I was having problems, there’s no way you would know.”

Image by Alexa from Pixabay

them if they plan to harm themselves, harm others? Saying it out loud is the best way to approach them, get them to talk. Ask them what’s wrong. Suggest they get help, call 988 to talk to someone who can help them. If they won’t, YOU call, and ask what to do.

The construction industry is starting to address this addiction and suicide crisis in its ranks. We still have a long way to go, but the resources are out

there, good companies are putting programs and procedures in place to help those who want help. We just have to learn to ask for help.

Many thanks to Joselin Martin of True North CFO, and Cal Beyer of Holmes Murphy & Associates for sharing their background, their experiences with addiction, and their passion for creating a stronger, healthier construction industry.

Source: Laborers’ Health & Safety Fund of North America. www.lhsfna.org/ publications/what-to-askyour-doctor-before-taking-opioids

Source: LEARN Saves Lives®; Forefront Suicide Prevention; University of Washington

FEATURE

Staying Mentally Focused

by Tom Woodcock, Seal the Deal

Could there be any more ways for us to be distracted in this day and age? Multiple social media platforms, massive streaming capabilities, volatile political discourse and negative economic indicators grab our minds and focus. How on earth are we supposed to stay focused on winning projects and developing customers?

This can be a daunting task. Staying acutely aware of customer and market trends can head off potential revenue or profitability lapses. Construction can be cyclical, and often those ups and downs are self induced. Keeping the edge in construction or general business situations relies heavily on how focused you can be.

The sales aspect of the construction industry can be a moving target at times. There are many factors that come into play that are not directly related to performing projects. We’ve seen supply chain interruption and labor shortages most recently. This can eat up a big chunk of management time simply by trying to get materials and find talent. The pandemic we all had to deal with completely tipped over the apple cart. Just when we see a smidgen of recovery, interest rates shoot up and capital spending begins to decrease. How do you plow through this?

First and foremost, setting a disciplined sales strategy is critical. This should be in place regardless of market or business circumstances. The one area absolutely in your control is your sales effort. You can spend on marketing to increase exposure but who’s going to lock down both customers and projects? Sales work is not just reliant on talent or opportunity. It requires structure that can keep that talent focused and pointed at the best

opportunity. Too few companies in the construction industry apply a practical structure to their sales efforts relating to number of contacts, close ratio and customer preference. These elements move the bar higher from a so-so sales effort to a purposed one. Focusing on the best customer and project opportunity for the company will always produce stronger results. The key is keeping that focus and diligently working the strategy.

Secondly, regularly reviewing your time management and adjusting it to keep you moving aggressively towards growing your business is necessary to stay mentally sharp. Allowing too much sales downtime may breed a passive sales approach. I often compare sales to sports. Every shift, play or action has the potential to change the game. The more committed you are to practicing, the more mentally prepared you are when the situations occur in the game. This requires continually educating yourself to stay on top of the trends in construction and with the customer base. Time is money! The more you maximize it, the more you’ll profit. This will allow you to maximize your time and increase your allotment dedicated towards selling. Most people let their day run them; those that run their days maintain their focus.

Finally, the goal! What’s the endgame for your business or sales plan? All focused athletes set their sights on the prize. It could be a championship, a victory or improving overall. They train and plan on achieving that goal.

They won’t settle for anything less. That…is mental focus. What are your business goals? What’s your plan to achieve them? I meet with companies

regularly that are setting their forecasts for the upcoming year. They crunch numbers and project off the previous year. I routinely challenge them to tell me how they’re going to accomplish it. They usually say work harder.

The problem is, most construction professionals are working extremely hard currently. Setting a well thought out strategy and focusing on working that plan to achieve the stated goal is the answer.

Construction professionals all over the country are moving into 2023 with either a strong backlog or a need to secure more work. Both will require unwavering focus. Stop listening to the naysayers in the media or prognosticators telling you what will happen in your market. You are in control of your business’s success regardless of market circumstances. Research, get trained and motivated to perform at peak levels. Surround yourself with like minded influencers that will push you to be your best. Mental sharpness is drawn upon internally. External sources can help but no one knows what drives you better than you. Recognize those motivators and use them as sharpening stones to refine your focus. The results will be impressive.

About the Author

Tom Woodcock is a construction industry sales trainer and consultant. He regularly speaks to thousands of construction professionals nationwide. With over 20 years of sales training experience gives him in depth insight into the construction sales dynamic. His video series and sales book can be found at tomwoodcocksealthedeal. com.

FEATURE

Cash Flow Positive: Taking Out the Stress in Chasing Payments

by Patrick Hogan, Handle.com

Arguably, one of the most stressful things subcontractors have to deal with is cash flow. Growth and sales are always on the minds of business owners–but it’s hard to make moves when liquidity is held up. Taking care of cash flow should be a priority, but it’s easy to make mistakes when you’re not looking at the big picture. Some seemingly simple tasks taken for granted are building blocks for healthier balance books.

Here are some tips for a more stress-free and cash-flow-positive new year:

Invoice regularly

Progress billing, by default, provides more protection for subcontractors, mainly as it allows you to reduce risk gradually as the project progresses. Invoicing regularly helps subcontractors stay top of mind of clients’ payable teams and is also oneway clients keep up-to-date with the progress of a project. When invoices are sent regularly, any irregularity is more likely to be immediately addressed instead of causing issues down the line for all parties. This level of transparency is essential in any construction project.

Getting paid in increments is also advantageous for construction businesses, where, in many cases, capital outlay is left in the hands of the provider, making them assume more financial risk before seeing any payments. Regular invoicing works hand in hand with the next tip.

Bulletproof your contracts

Contracts are a vehicle for construction parties to offset financial risk. Of course, it’s an important document that establishes the legal responsibilities of each party. However, smart players know that contracts are an instrument to mitigate risk, and if you’re not careful, you could get the shorter end of the stick. This doesn’t mean you’re dealing with unscrupulous people–this is just part of business, and you must advocate for your business whenever you evaluate a contract.

Deposits, payment disputes, retention, and lien waivers are some areas where risk-shifting is coursed through, so you would want to make sure your team granularly inspects your agreement to ensure you’re not getting short-changed or inadvertently losing risk protection you assume is present in all projects.

Secure lien rights

Being familiar with lien laws is essential for businesses operating across state lines. Cash flow management would be futile if you’re not protecting your payments. Many business owners have lost out on time and money painstakingly invested in a project just because of a missed notice deadline. Mechanics liens provide businesses in construction protection against nonpayment. Since liens are security claims placed on a property improvement, they ensure that providers such as subcontractors and material suppliers aren’t left out in the cold in case things go sideways in projects or a client fails to pay.

Of course, lien rights also come with responsibilities. For many states, the most important duty is to file a preliminary notice. However, there are strict deadlines and filing guidelines that have to be followed. It’s wise for subcontractors to use services that streamline and automate preliminary notice management and lien filing processes to not lose out on payments because of clerical errors or oversight.

Vet clients

Landing new projects can be quite challenging for subcontractors, so there’s a tendency to be more lenient regarding the vetting process that should come with any new prospect. However, remember that the subcontractor takes up most of the risk at the beginning of the project. In many cases, you’ll be in the negative for a specific project before you turn a profit in the latter phases. This makes it absolutely essential for any business involved in

construction to vet clients thoroughly. Simply put, ensure that a client can pay and has a good record of keeping to their word before signing the dotted line. There are several publicly available resources you can maximize to get a better picture of your prospects’ finances. In bigger projects, it’s not unusual for financial documents to be easily made available when requested.

Stick to your credit policy

Your credit policy serves as a handbook that guides you throughout the whole customer journey. It is especially important in construction where payment structures can be complex, and you’re dealing with customers that are likely running on razorthin margins. Ensuring that you have a policy in place that dictates the financial boundaries that allow for a healthy cash flow is essential in ensuring that your team operationalizes risk mitigation every step of the way throughout the lifecycle of a project. If you don’t have a credit policy or tend to be lenient in following through with using it, you could be assuming greater financial risks for each project than you think.

Here are some ways to achieve a healthier balance sheet and better cash flow in the new year. Remember that cash is king, and positive cash flow will allow you to avoid costly mistakes that are very common in construction.

About the Author Patrick Hogan is the CEO of Handle.com, where they build software that helps contractors, subcontractors, and material suppliers with late payments. Handle. com also provides funding for construction businesses in the form of invoice factoring, material supply trade credit, and mechanics lien purchasing.

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Upcoming Webinars

Building Engagement: Keep Your Top Talent from Becoming Someone Else’s

Tuesday, February 7, 2023 | 12:00 - 1:00 pm (EST)

Before the pandemic, today's workplace faced a talent shortage, an aging workforce, and an inadequate pipeline of younger workers. There isn’t an organization out there that hasn’t struggled to fill open positions with the best people possible. And once you have them, how do you keep them? This program addresses the challenges of today’s job market and reveals how your organization can adapt in order to recruit, retain, and develop your employees.

Recruiting is no longer as easy as posting jobs on a job board and waiting for the resumes to pile in. It’s essential that you figure out the primary reasons great employees leave and how you can prevent that from happening at your company. Leave with an actionable plan to keep your employees invested in their growth.

Good news! By participating in this program your will discover:

• How the pandemic has changed business for good – and how to take advantage of those changes

• How to connect with employees from both a personal and professional standpoint during trying times

• Why communication is more critical than ever before – and how to make sure you’re doing it the right way

• Why ignoring employees’ personal challenges will come back to haunt you

It’s going to be awhile before we figure out what the next normal is going to be, but whatever those changes are – there is no more “business as usual.” The only thing we know for certain right now is that things are going to change.

If you want to keep your top talent from becoming someone else’s, it’s time to master a few simple strategies now … and reap the rewards for years to come.

Presented By: Lisa Ryan

As a certified speaking professional (CSP) and award-winning speaker, Lisa Ryan is an expert in employee and client engagement, with a background in a variety of industries including Human Resources, Manufacturing, and Healthcare. She holds an MBA from Cleveland State University and has spent over a decade helping organizations improve their workplace culture, employee engagement, and customer retention using gratitude strategies, or "Grategies."

Lisa has spoken at over 1,000 national and international conferences and events and is the host of "Elevate Your Engagement Levels: What You Need to Know" on the Elite Expert Network. She is also the author of eleven books, including "Thank You Very Much: Gratitude Strategies to Create a Workplace Culture that ROCKS!," and has costarred in two films with other experts, including Jack Canfield of "Chicken Soup for the Soul."

In addition to her speaking and writing career, Lisa has served on several trade association boards, including the American Welding Society, the Association of Equipment Management Professionals (AEMP), and Toastmasters International. With her high-energy, enthusiastic delivery and quick wit, Lisa is committed to helping organizations make positive changes in their workplace culture.

Register for this webinar.

Coming Up

in the February 2023 issue of FASA’s

THEME

Tax Certainty

• Georgia Obligations for NonResident Georgia Contractors

• Making Sure You Get What You Deserve Look for your issue in December.

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