The Contractor's Compass - March 2023

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Women on the Move 1004 Duke Street, Alexandria, VA 22314 | (703) 684-3450 | www.asaonline.com | communications@asa-hq.com MONTHLY EDUCATIONAL JOURNAL OF THE FOUNDATION OF THE AMERICAN SUBCONTRACTORS ASSOCIATION MARCH 2023

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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.

MARCH 2023
FEATURES Construction Data & Figures .............................................................................. 14 People Like Me ........................................................................................................... 16 by Marcey Walsh of Dale Carnegie Tampa Bay Childcare, Flexibility and DEI in Manufacturing ........................................ 18 by Laurie Cowin, Window + Door SESCO Webinar Series........................................................................................... 22 Building a Pipeline for Success: Strategies for Supporting Women Newcomers in Construction .................................... 24 by Patrick Hogan, handle.com The Power of a Mentor ........................................................................................... 26 by Michelle Bolden, 10 to 1 PR New FASA Program ................................................................................................. 27 Different Is Good ........................................................................................................ 28 by Brenna Alton, Kent Companies DEPARTMENTS ASA PRESIDENT'S LETTER ................................................................................. 5 CONTRACTOR COMMUNITY ............................................................................. 6 SUBEXCEL SNAPSHOTS ....................................................................................... 9 ASA AWARDS ............................................................................................................ 10 ALWAYS SOMETHING AWESOME ................................................................. 12 LEGALLY SPEAKING The Texas Prompt Payment Act for Construction Projects .................. 29 by Karalynn Crommens, The Cromeens Law Firm QUICK REFERENCE Upcoming ASA Webinars .................................................................................... 32 Coming Up .................................................................................................................. 32

PRESIDENT 'S LETTER

Dear Readers—

March is Women’s History Month. None of us would be where we are without them. And they’re becoming even more integral to the success of the construction industry. About time. Thank one (or more) today for their sacrifices and contributions.

Hot Darn!! (or something like that) I can’t remember how many times I thought - or said - that during SUBExcel a few weeks ago. Eleven months of the year we get so focused on the micro end of things, we sometimes forget that there are many others around the country going through similar situations. What a font of knowledge out there.

We’re so lucky to have this group of people - who know other people - who know other people - who are willing to share their knowledge, insight and talents with us, thereby creating an atmosphere of sharing, oneness, and family. Case in point - all the people that stepped up to help us when the person who organized this whole shindig had to leave early.

While every SUBExcel is unique - and believe me, I’ve been to a bunch of ‘em - Fort Worth is for the record books. The Texas chapters pulled out all the stops. Some of my favorite moments of the week were:

• The jam packed Welcome Reception on Wednesday, which set the stage for a busy week. Great to see so many of you in Fort Worth!

• Angie Weidel from ASA Baton Rouge performed an amazing rendition of the national anthem on Thursday prior to Tom Thibodeau’s inspiring keynote.

• Keynote speaker Capt. Chris Cassidy’s impressive stories about finding his way in life from a high school student to the Naval Academy to the Navy SEALs and ultimately to Commander of the International Space Station.

• The Pub Crawl at the Stockyards along with the cattle drive. Such a great place to visit!

• Seeing the engagement between the audience and the panels in the education sessions.

• Maybe the best part was seeing so many of my colleagues getting awards on Friday afternoon. ASA is truly blessed to have you as members.

This SUBExcel was truly one of the best and I’m looking forward to next year and the bright future for ASA.

We’ve got a couple new sponsors: StructShare and Hotel Engine. I hope you visited and talked with them at SUBExcel to get the scoop. If not, check them out (more info on them in the Contractor Community section).

Rusty Plowman

ASA President 2022-2023

THE CONTRACTOR’S COMPASS MARCH 202 3 5

CONTRACTOR COMMUNITY

through 2025, there is tremendous opportunity for women to get involved in an industry that offers competitive wages, benefits, and career growth,” said Jennifer Wilkerson, NCCER Vice President of Innovation and Advancement. “If we want construction careers to be a viable option for all people, we have to change the culture and perception of our industry, starting with our own projects.”

The complete white paper, In Her Own Words: Improving Project Outcomes, is available for free at https://www.nccer.org/ in-her-own-words.

ASA’s Michael Oscar Named Chair of Small Business Legislative Council

Michael Oscar, Government Regulations Director at the American Subcontractors Association (ASA), has been elected as Chair of the Small Business Legislative Council (SBLC).

The SBLC is an independent, permanent coalition of trade and professional associations who share a common concern for the future of small business. The council aims to increase the influence of the small business community on legislative and federal policy, while also disseminating information on the impact of public policy on small business.

NCCER Releases White Paper on Unique Benefits, Obstacles and Advice of Women in Construction

Women also shared their recommendations on how to better recruit and retain women on project sites and, ultimately, in the industry. They provided guidance on how to tackle obstacles that the industry has worked on for years and brought up

other hurdles that may be surprising for some. Overall, their suggestions were thoughtful and based on their lived experience in the field.

This white paper has been designed to inform and provide steps that can be taken by construction leaders to start making changes today that will improve project outcomes for tomorrow.

“With an expected shortage of 1.9 million craft professionals

As chair—a volunteer position— Oscar will be the lead officer for the council, representing ASA and the interests of all member associations. Oscar has been an SBLC officer since 2020, serving previously as Chair-Elect and Treasurer. “It is an honor to have the opportunity to serve as Chair of the Small Business Legislative Council, a coalition I’ve had the privilege of working with to advance the needs of ASA contractors and other small businesses at the

MARCH 2023 THE CON TRACTOR’S COMPASS 6

highest levels of government,” Oscar said. “The majority of our member contractors are small businesses, and their success is directly tied to the growth of the American economy and the revitalization of our infrastructure. Now more than ever, it is critical that our federal government meets the needs of small businesses, and I am motivated to do my part to represent them as Chair of this coalition.”

For more on the Small Business Legislative Council, visit sblc.org.

ASA Offers Input to the Office of Management and Budget on Buy America Act

On March 13, 2023, ASA, along with the Transportation Construction Coalition (TCC), submitted comments to the Office of Management and Budget (OMB) regarding the implementation of the Build America, Buy America Act (BABAA) provisions of the Infrastructure Investment and Jobs Act (IIJA). We fully support the twin objectives of maximizing the benefits from the IIJA’s historic investments, while growing domestic manufacturing, which is BABAA’s particular focus. To that end, members of our coalition have reviewed the draft guidance published by the OMB and we identified two areas in which we request clarification, so as not to diverge from Congress’ intentions in enacting BABAA. Those two areas are:

1. OMB Should Reiterate BABAA

Does Not Apply to Temporary Products

Section VI of the OMB Memorandum for Heads of Executive Departments and Agencies (M-22-11), published on April 18, 2022, states:

“The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to

the construction site and removed at or before the completion of the infrastructure project.”

The new OMB guidance does not yet include an equivalent provision. There is no indication in the IIJA that Congress intended to change longstanding policy and extend Buy America coverage to temporary products, equipment and other such items used in constructing projects, but not permanently incorporated in them. Therefore, we respectfully request that OMB restate this clarification in the final guidance.

2. OMB Should Exclude Aggregates and Related Materials from Buy America Preferences, Consistent with Congress’ Clear Intent

In Section 70917(c)(1) of the IIJA, Congress established an important limitation to the term “construction materials” as used in BABAA. Congress explicitly exempted “cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives” from the “construction materials” covered under BABAA. This limitation makes clear no domestic content procurement preference under BABAA applies to aggregates and these related materials.

Section 70915(b)(1) of the IIJA requires OMB to “issue standards that define the term ‘all manufacturing processes’ in the case of construction materials” to which BABAA applies a domestic content procurement preference. These standards will help determine whether particular products comply with BABAA requirements. In Section 70917(c)(2), Congress reiterated the exemption for the above-listed materials in this additional context. The subsection states that OMB’s standards for “all manufacturing processes” “shall not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives as inputs of the construction material.”

The draft OMB guidance inquires as to whether a combination of these exempt materials could somehow form an end product subject to Buy America coverage. First, BABAA does not provide authority for the listed materials being considered manufactured products because only the combination of construction materials not included in the limitation produces a “manufactured product” under OMB’s proposed guidance.

Second, the combination of the listed items as concrete or asphalt mix are not a construction material for which BABAA establishes a domestic content procurement preference. Congress understood that the materials they were excluding from the term “construction materials” are, when combined, concrete and asphalt mix construction materials. Congress included Section 70917(c)(2) to ensure that the combination of construction materials in Section 70917(c)(1) into concrete and asphalt mix construction materials did not create a domestic content procurement preference for concrete or asphalt mixes.

Finally, no one disputes that aggregates and these related items are construction materials in the generic sense. However, as cited above, Congress enacted the language in these portions of the IIJA to explicitly exclude them from the “construction materials” for which BABAA establishes a domestic content procurement preference.

ASA Opposes Bond Threshold Increase in Illinois

On March 10, 2023, ASA sent a letter to the Illinois Senate Executive Committee opposing SB157, which seeks to amend Section 1 (30 ILCS 550/1) of the Public Construction Bond Act, Illinois’ Little Miller Act, by raising the current bond threshold from $50,000 to $5,000,000. Also, the legislation creates a "selfinsured risk pool" to pay claims or damages arising under a public

THE CONTRACTOR’S COMPASS MARCH 2 023 7

works construction contract valued at $5,000,000 or less because of a contractor's failure. SB157 elevates the Illinois’ bond threshold to the highest in the Nation, which is 35 times greater than the federal threshold ($150,000) as required by the Miller Act (40 U.S.C. §§ 3131 et seq;) and applicable regulations. In addition, Illinois’ bond threshold will become an outlier to the thresholds of neighboring states, such as Indiana ($200,000), Iowa ($25,000), (Michigan ($50,000), Minnesota ($175,000), Missouri ($50,000) and Wisconsin ($148,000/local, $369,000/ state projects), if this bill is enacted.

Increasing bond thresholds may allow small and emerging contractors to bid on public construction projects, but the committee must consider the inherent risks they place on the construction industry, along with state and local jurisdictions bearing the

burden of rebidding work and paying excess completion costs. Additionally, this could be problematic on projects with tight budgets or schedules. A contractor’s ability to obtain bonding reflects his or her capability to perform a contract. Higher bond thresholds potentially allow more contractors who are incapable of obtaining bonding and who have not been through the surety’s comprehensive vetting process to bid on and be awarded large public contracts for which no payment and performance bond would be required. This exposes public entities to greater risk, gambles with taxpayers’ money, and burdens subcontractors with the possibility of nonpayment.

As for advancing small and emerging contractors, increasing bond thresholds does not necessarily mean that these contractors would obtain

more public construction business. Instead, it could result in financially unstable contractors who could not obtain bonding and who were not prequalified by a surety, bidding on and winning public construction jobs. Those small and emerging contractors acting as subcontractors on those projects would not have the protection of a payment bond should something go wrong with the general contractor. Finally, over time, raising bond thresholds harms small and emerging contractors and suppliers by substantially increasing their risk of nonpayment if they are operating as subcontractors, and by raising the difficulty of qualifying for their first bonds.

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Snapshots

There were so many highlights, but here’s a sample of the happy memories we would like to share with you from our time in Fort Worth. We’ll see you again in New Orleans, March 6-9, 2024!

Let’s start with the women who make this industry stronger and better through their continued dedication and determination.

Thanks to Michael Kline for his keen eye, quick feet, and other photography skills, for these wonderful memories from SUBExcel 2023!

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A stop on the pub crawl Billy Bob’s Honky Tonk had everyone moving Some general merriment Some productive Welcome Reception conversations

ASA AWARDS

Every year ASA awards the best of the best of its membership in a variety of categories. The winners for 2022 were announced at the annual ASA Convention, SUBExcel, which was held at the beginning of March. More information on the awards is available here, and photos from the awards ceremony in March are here.

ASA PRESIDENT'S AWARD

LIFETIME HOSPITALITY

CERTIFICATE OF EXCELLENCE IN ETHICS

For subcontractors who represent the highest standards of internal and external integrity.

INNOVATION

Targeted toward the chapters and state organizations that have developed creative or innovative programs and services that benefit their members. In 2022 we had a tie between ASA New Mexico and ASA San Antonio!

• ACE Glass Construction Corporation, Little Rock, Arkansas

• Bazan Painting Company, St. Louis, Missouri

• Blauch Brothers, Harrisonburg, Virginia

• EyeSite Surveillance, Inc., Chandler, Arizona

• Haley-Greer, Inc., Dallas, Texas

• Holes Incorporated, Houston, Texas

• Kent Companies, Grand Rapids, Michigan

• Markham Contracting Company, Inc, Phoenix, Arizona

• Platinum Drywall, Maumelle, Arkansas

• Shapiro & Duncan, Inc., Rockville, Maryland

• Sorella Group, Inc., Overland Park, Kansas

• South Valley Drywall, Inc., Littleton, Colorado

• Western Engineering Contractors, Inc., Loomis, California

ASA of New Mexico partnered with the local ABC Chapter and the NM Utility Contractors Association to host the first ever Meet the Generals event in February of 2022. This is the first event of its kind for the State of New Mexico. The event provided subcontractors the opportunity to sit down with general contractors for dinner with relationship building as the main focus. Overall feedback from the attendees at the event was positive and New Mexico held the second event in February of 2023.

ASA San Antonio is recognizefor the “TV Programed Themed Awards Program” The Excellence

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Brad Miller, Midwest Crane & Rigging Walt Bazan, Bazan Painting Company

in Construction Awards is an event to honor general contractors and to recognize leading members in their companies. ASA San Antonio set out to make their event THE EVENT that every employee would want to go to: from handmade TV centerpieces with “technicolor” lights illuminating company logos, “TV Guide” programs, “remote control” candy bars, and imaginative names for the food - “Seinfeld’s No Soup for You Salad” to “Scooby Snacks” for dessert. For each award category they mirrored a famous television show – Gilligan’s Island, I Love Lucy, Home Improvement, etc. Board members dressed in character and filmed intros to announce the nominees. Plus it was all done “in house.” With each category pre‐recorded, it allowed the board members to enjoy the night. More importantly, with this level of fun and entertainment, the entire room was captivated and exploded with enthusiasm for each announced winner. The event earned a whopping $10,000 over their profit goal with the soldout crowd of 400.

SAFETY RECOGNITION PROGRAM

In ASA’s commitment to safety, the decision was made to recognize those members who make safety and safety education a priority in their company. The companies recognized are those who have gone above and beyond to ensure their employees, and everyone on their jobsites, go home to their families after work every day. For 2022, ASA would like to recognize the following companies.

• Kovach Enclosures, ASA of Arizona

• Chamberlin Roofing & Waterproofing, ASA Houston Chapter

• Golterman and Sabo, ASA Midwest Council

• National Roofing Company, ASA of New Mexico

• Almasi Contractors, ASA of New Jersey

• Scorpion Spray Foam Insulation LLC, ASA of Oklahoma

• Alamo Crane Service, Inc., ASA San Antonio Chapter

• Lee Drywall, ASA of Southwest Florida

ASA SUBCONTRACTOR ADVOCATE

Organizations and individuals who dedicate themselves to advocate before the government on behalf of construction subcontractors, specialty trade contractors and suppliers.

The 2022 Advocacy Award being bestowed to Tyler recognizes his perseverance in championing change order reform at the national level. His direct engagement, involvement, and communication with Sen. Wicker, the Ranking Member of the U.S. Senate Armed Services Committee, and his staff, was unprecedented and extremely effective. Tyler attempted to get the Small Business Payment Performance Act (H.R. 8273) included as an amendment to the FY23 National Defense Authorization Act (NDAA). This legislation would assist small business construction contractors receive timely payment for

change orders. 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. Unfortunately, this amendment was not included in the final FY23 NDAA despite Tyler's valiant efforts. The enacted FY23 NDAA did include several other ASA supported procurement policies regarding progress payments, cash flow, military base access, PFAS, architectural and engineering services, and wastewater assistance.

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Tyler Norman, ASA of Mississippi (President & CEO at Norman Roofing based in Meridian, Mississippi)
INNOVATION, CONT'D.

ATTORNEYS’ COUNCIL HONOR

In recognition of an Attorneys' Council member who dedicates their time and professional expertise toward supporting subcontractor rights and issues, and offering guidance on legislative language to benefit those subcontractors.

OUT STANDING SERVICE

This award is presented to the ASA chapter president whose superior leadership efforts and service to his or her chapter motivated it to achieve its goals.

PRESIDENT OF THE YEAR

This award is presented to the ASA chapter president whose superior leadership efforts and service to his or her chapter motivated it to achieve its goals.

EXECUTIVE DIRECTOR OF THE YEAR

Beverly Reynal, ASA North Texas

Tonya Schulte, ASA of Arizona

Since joining the Board of Directors in 2021, Tonya has been a model of association membership and a strong leader. Tonya has shown exemplary dedication to both subcontractors and the association at large. There is no area of ASA of Arizona’s recent efforts that have not been enhanced by her steadfast service.

During Zach’s term, 12 new members joined the chapter. Board management policies are much more comprehensive, assuring consistency and sustainability of operations and The GC Partner Program created a unique format for subcontractors to meet with each GC in a small, private setting to discuss how to do business together for mutual benefit.

Although Beverly has held this position for over nine years, she champions each President and BOD goals with energy and an open heart. She supports and guides the aspirations of the incoming National President, while never losing sight of the Chapter ED goals. These goals are important to North Texas because they put a laser focus on the most important aspect of any member driven association! The members! Without member engagement, we will not be successful. Beverly has such a great attitude. It’s obvious that she loves her job, and she loves ASA NT members. She never says no, she is open to suggestions, she treats everyone with respect and kindness.

CHAPTER OF THE YEAR

ASA Houston Chapter

Recovering from the effects COVID-19 has had on our industry has been a challenge for ASA-Houston Chapter. They did their best to “return to normal” with in-person events and meetings. Members were grateful for a bit of normalcy, and it showed in net membership growth. They were still able to maintain growth and increased from 132 to 139 members.

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Lee Brummitt, Dysart Taylor Zach Rothfus, ASA of Baltimore

Sharing Insights & Guidance

Knowify just published a very useful job-costing guide for their customers -and anyone else who is looking for a way to maintain profit margins with the increasing cost of goods and services. With this guide, their goal is to give contractors everything they need to understand the fundamentals of job costing so they can unlock the insights needed to boost efficiency, performance, and profitability.For those companies just getting started to old pros, this user-friendly guide will be easy to implement.

When putting project costs together, companies need to make sure they’re not overlooking any areas that might come up and bite them later. With help from the industry, Knowify researched and got input from all angles of the cost chain to make sure they covered everything. What to track? How to job cost? How to create bid? How to problem solve with job costing?

It took about four months to complete, and is clearly and succinctly organized. They also put together a webinar to help companies use it correctly.

The end result is lots of kudos and a more indepth way to figure out costs. Check it out. (registration required). If you’re an ASA member, log into InfoHub and take a look (no registration needed)

A sneak preview of what’s next, according to Gil Resnick, at Knowify…a guide to financing for contractors. Stay tuned!

THE CONTRACTOR’S COMPASS MARCH 2 023 13

Dodge Momentum Index

"The Dodge Momentum Index returned to growth in February after falling 9% last month,” stated Sarah Martin, associate director of forecasting for Dodge Construction Network.

“The continued elevation in the DMI should provide hope that construction activity will grow in 2024. Owners and developers tend to put projects into planning until well after economic conditions weaken. During the Great Recession, for example, the DMI did not substantially decline until 2009. Therefore, the anticipated mild economic growth in 2023 could cause the DMI to moderate over the year, but it is unlikely to fall below historical norms"

Watch Sarah Martin discuss February’s DMI here.

Associated Builders and Contractors

Associated Builders and Contractors reported on March 14 that its Construction Backlog Indicator increased to 9.2 months in February, according to an ABC member survey conducted Feb. 20 to March 6. The reading is 1.2 months higher than in February 2022.

In addition ABC’s Construction Confidence Index reading for sales, profit margins and staffing levels increased in February. All three readings remain above the threshold of 50, indicating expectations of growth over the next six months.

Source: ABC

At the beginning of March, Associated Builders and Contractors released its fifth annual Top Performers publication, which lists its contractor members that build the country’s most enduring, innovative, high-quality construction projects, ranked by work hours. More…

Per Axios Markets, “construction job openings plunged nearly 50% down from 240,000 to 248,000 from December to January, which is the largest-ever monthly decline in construction job openings in the last 20 years. The sharp decline in construction job openings combined with the downturn in the investment in residential construction suggest that the economy is still adjusting to the big rate hikes of 2022, which could set the stage for the Federal Reserve Bank to accidentally over-hike, generating the hard economic landing many had been hoping to avoid.”

MARCH 2023 THE CON TRACTOR’S COMPASS 14

American Institute of Architects

Construction Employment

Increases in 306 of 358 Metro Areas From January 2022 to 2023; Contractors Expect Rise in Nonresidential Work

Dallas-Plano-Irving, Texas and Janesville-Beloit, Wisc. Have Largest 12-Month Gains, While Monroe, Mich., Lake Charles, La., and Sacramento--Roseville-Arden-Arcade, Calif. Experience Worst Year-over-Year Declines

Construction employment increased in 306 of 358 metro areas between January 2022 and January 2023, according to an analysis by the Associated General Contractors of America of new government employment data. Association officials urged officials in Washington to ease hiring of foreign-born workers to accommodate expected growth in infrastructure, manufacturing, and renewable energy-related projects. Read more

THE CONTRACTOR’S COMPASS MARCH 2 023 15

FEATURE

People Like Me

Despite recent strides made in the construction industry to create opportunities, women are still underrepresented in the field. Opportunities are here, why aren’t young women flocking to begin stable, profitable, construction careers? Let’s view women in construction careers through the lens of visibility. Let’s face it, as humans, we believe what we see!

As a Dale Carnegie communications coach and trainer, I hear from so many how challenging it can be to be seen and heard in male dominated industries. Stepping up to SHOW UP can be daunting, but is important to do, not just for yourself, but to be seen by those who will come next, improving conditions for all. How can your firm, and the women in it, make confident women more visible for the next generation of industry leaders to see and join? Facilitate women to:

1. SHOW UP for networking and industry events: Women should be supported and encouraged to attend industry events, trade shows, and conferences to meet influential people in the construction industry, network, and showcase their skills. Make it a priority to have a diverse representation at all events.

2. SHOW UP online: Create a strong, professional online presence on social media platforms like LinkedIn to highlight skills, qualifications,

and experience in the field. When I teach networking skills, I often find that those in construction trades don’t view themselves as business professions, so not a fit for LinkedIn. If you’re not on LinkedIn, you don’t exist in the professional world, so SHOW UP!

3. SHOW UP as a voice at the Table: Speak up and share ideas. Women should speak up and contribute their ideas in team meetings and group discussions. This showcases expertise in the industry and helps to build their professional reputation.

4. SHOW UP in leadership roles: Women who actively seek out leadership roles and positions of influence within their organizations eventually get them. (If not with their current company, with their next employer!) Even the process of inquiring and applying for leadership roles helps to gain visibility and demonstrate abilities to higher-ups.

5. SHOW UP by seeking and offering mentorship and sponsorship opportunities: Women who pursue mentorship and sponsorship programs gain access to industry leaders who can offer guidance, support, and networking opportunities. This helps them gain visibility and advance their careers in the construction industry.

Perception is reality! We believe what we see. Until young women see others ‘like them’ succeeding in construction, opportunities may continue to appear to be ‘not for me.’ Thanks to all who show up and represent.

About the Author

Marcey Walsh is a Dale Carnegie Certified Trainer for Dale Carnegie Tampa Bay. Her focus is Stress and Stress-Management, Women's Professional Development, Brain-based Education Methods. Marcey can be reached at marcey.walsh@dalecarnegie.com.

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. 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.

MARCH 2023 THE CON TRACTOR’S COMPASS 16
Until young women see others ‘like them’ succeeding in construction, opportunities may continue to appear to be ‘not for me.'

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17

FEATURE

Childcare, Flexibility and DEI in Manufacturing

Women have tremendous power to close the manufacturing skills gap, but barriers remain, preventing women from entering—and staying—in the industry.

Manufacturers added 367,000 workers in the first 10 months of 2022, making it the best year for manufacturing job growth since 1994, according to Chad Moutray, director, Center for Research at the Manufacturing Institute and chief economist of the National Association of Manufacturers, during a webinar on Dec. 6, Breaking Barriers: Childcare and Flexibility Solutions for the Manufacturing Industry.

Manufacturing has been “a bit of a bright spot lately” for female

participation with women comprising approximately 29 percent of all workers in manufacturing—a trend that is continuing to rise. Total employees in manufacturing are also above peak pandemic levels, which Moutray says is mostly from women returning to or entering the workforce; male participation in manufacturing is “barely higher” than it was in February 2020, he says.

There’s still plenty of room for growth, though. Women represent a “sizable”

talent pool that manufacturers cannot ignore, says Moutray. “Raising the percentage of women in manufacturing to 35 percent of the sector (800,000 more female manufacturing employees) would be enough to fill almost every open job in the manufacturing sector today.”

Challenges persist, however. Recent research by MI shows childcare remains one of the top barriers to parents returning to the workforce with childcare remaining cost-prohibitive or simply unavailable.

MARCH 2023 THE C ONTRACTOR’S COMPASS 18
Photo courtesy of Cornerstone Building Brands

Top childcare challenges

43.4% COST 26.6% DIFFICULTY FINDING CHILDCARE

9.7%

RELIABILITY

Biggest Challenges for Employees (Female, Male)

That same research examined other employee challenges, broken down by female and male respondents:

• Lack of flexibility (job sharing, split shifts, telecommuting): 53%, 37%

• Lack of childcare support: 49%, 8%

• Lack of female role models: 43% (female only)

• Minimal opportunities for advancement: 36%, 49%

• Insufficient compensation: 32%, 55%

Childcare and flexibility should be topof-mind for companies looking to expand

and diversify their workplaces. Moutray shared several key findings from the study that can help employers in their journey:

1. Prioritize a diverse workplace. This is key to attract workers, improve productivity, retain employees and grow a company’s bottom line. Companies that have increased flexibility show a correlation with the ability to attract new employees and retain current staff.

2. Provide job training/continuing education opportunities. This can include establishing mentorship programs and employee resource groups.

3. Stay competitive. This includes staying competitive with compensation and leadership development opportunities.

4. Establish a pathway to move up the career ladder. An inclusive culture is something younger workers seek, says Moutray, not only with women, but with young people in other underrepresented populations as well.

5. Communicate those values. Have a clear-cut handbook and communicate those values, especially during onboarding. “You have to show there is zero tolerance for harassment,” says Moutray, going on to say that safety expands beyond the shop floor. “It also means safe in terms of being respected and not being harassed.”

Childcare Solutions

Nearly half of the females in MI’s study indicated childcare is a top barrier to working. Manufacturers are taking note and exploring solutions to break down this barrier. Denita Wilhoit, vice president corporate shared services, Toyota, shared Toyota’s efforts to support childcare for its employees. Its five pillars are: onsite childcare centers, backup emergency childcare, nanny-finding service, college coach and a special needs program. Wilhoit cites Toyota’s commitment to “family care,” not just childcare.

For companies in the infant stages of exploring childcare options, Wilhoit says to consider three points. First, find a good partner that knows the area and can help find the best childcare. Second, investigate what resources are available in the state. Finally, be clear about the risks of an onsite childcare center, including potential liability issues or concerns over abuse or that issues between children might bleed over to issues between parents.

Denise Rutherford, former chief corporate affairs officer and senior vice president, 3M (retired); C-Suite executive and board director, says 3M’s parental leave policy allows each new parent 10 weeks paid and 10 weeks unpaid time off, in addition to the shortterm disability women can use from the birthing process. More than 850 male employees took advantage of that 20 weeks last year, she says. Overseas locations also provide childcare onsite. “It’s just good business having people at work knowing their children are wellcared for,” she says.

Other Flexible Solutions

The COVID-19 pandemic drove companies to rapidly adopt work-fromhome policies. Many employers are now re-evaluating this to determine the right balance between a remote workforce and the benefits of working onsite. Rose Lee, president and CEO, Cornerstone Building Brands, says everyone comes into the office on Wednesdays and that other in-office days are determined based off a group’s need. “We try to give flexibility while still creating connection,”

THE CONTRACTOR’S COMPASS MARCH 202 3 19
EMPLOYEE CHALLENGES, BROKEN DOWN BY FEMALE AND MALE RESPONDENTS

she says. “We can get work done in a virtual environment, but if you stay completely virtual you diminish the community you’re trying to create as part of the organization.”

“There’s a transformation afoot now,” says Rutherford. “We’ve worked on flexibility over many years; COVID helped accelerate what we were able to do, in part, because of necessity.” Rutherford echoed Lee’s sentiments that although workers demonstrated an incredible amount of productivity in a remote environment, concern remains around the lack of community. “People need to come back to the office at certain times,” she asserts.

With that in mind, 3M implemented a “Work Your Way” program—an employee-driven initiative with several tenets:

1. Trust. Managers must trust their employees to do the work no matter where they are.

2. Vir tual first. Every employee is allowed to designate if they’d prefer to work mostly onsite, mostly remotely or hybrid.

3. Meet with purpose. There are critical moments to be together in person.

4. Evaluate impact. Supervisors prioritize examining output and objective attainment, not “facetime” or who’s been in the office/online the most. “That’s not how things happen anymore,” says Rutherford.

Employees on the manufacturing floor face a different set of considerations for flexibility, though. About half of 3M’s 97,000 employees are in a manufacturing environment, and Rutherford says the company is still looking at how to implement flexibility options. Everything is on the table, she says, including parttime, flexible shifts, job sharing and more.

Allies Among All

Equity requires every person— male and female—at every level of the company to be allies.

Aneesa Muthana, president, CEO, co-owner, Pioneer Service Inc., stresses that the goal is not to put women on a pedestal, but rather to work toward stewardship and teamwork. “When we lose, we all lose, and when we win, we all win,” she says. Although she acknowledges the difficulty of initially building that culture, “once you have a few champions on the floor, that’s

a game changer, especially for small manufacturers. We can’t do some things big companies are doing, but we can have a human touch and truly care about each other.

“Diversity means different things to different people,” she continues, referencing gender, race, background and more. “Diversity champions innovation. It’s important your team doesn’t look like you and come from the same background as you, because then you’ve limited your personal development and the development of your company.”

Lee, who has been at the helm of Cornerstone for a little longer than one year, notes the C-suite is about 50/50 gender diversity now. She also stresses the importance of diversity in professional backgrounds. Her team is mixed with those with a history in the building products industry and others who are new, who can bring in lessons from other industries.

The company has also reached out to communities and customer organizations to ask about initiatives and what’s important to them. “Have a deeper engagement with the customer beyond just delivery and lead times,” she says.

MARCH 2023 THE C ONTRACTOR’S COMPASS 20
Photo courtesy of Andersen Corp. Photo courtesy of Lindsay Windows

“Create opportunities to understand each other more deeply. At the end of the day, it has to do with the culture that gets created.”

Get Started

Muthana encourages companies to examine their values and what they want their companies to be known for beyond just making parts. “Obviously, that’s what we do, but is that all you want to be known as?” she queries. “Sometimes you need to make difficult decisions to build a company that is more appealing to the next generation or to women. Those decisions can be painful short-term,” she says. “I’ve gotten rid of people that made me a lot of money because I was looking for a better culture. Put the story before the spreadsheet.”

Rutherford recommends companies establish a process to assess its culture and outsource if need be. 3M surveys its employees and engages in conversation to solicit ideas and work through them before implementation so that there is less problem solving later.

Lee says one of her favorite phrases is “change starts with conversation” and that those conversations must happen consistently at all levels. She also stresses that DEI isn’t an “additional thing” in a company, but rather something that needs to be fully integrated.

Tell the Stories

The struggle employees—and women in particular—face in the workplace related to childcare and flexibility are not new, but the solutions to ease these struggles and foster greater employee satisfaction and work-life balance are. “We’ve all been through these struggles, and we have to tell our stories,” says Wilhoit.

Each change and opportunity to impact a person’s life is worth taking, says Rutherford. Be accessible, show up and be persistent. “When someone tells you no, go back and try again,” she says. Discover local working group norms, especially with family-friendly policies. Company culture at a high level is important, but it is also critical that

supervisors several levels down embrace flexibility. Establish formal and informal mentoring programs. “It’s not only about mentorship; it’s about sponsorship,” she says.

“Our companies will be so much better off over the next 10 years than we have been over the past 20, 30, 40 years,” says Rutherford. “We have momentum now that we must keep going.”

NGA Resources

A note from Window + Door’s editor

The morning before this webinar began, I packed up my preschooler and 5-month-old, took the baby to daycare, dropped the preschooler at school, worked at a local coffee shop for a few hours, picked up my preschooler, transported him to daycare then rushed back home to get online on time for the start of this presentation.

I felt harried, overwhelmed and a bit flustered at all the moving pieces of the morning. But it didn’t take me long to change my mindset. As I sat at my desk with another fresh cup of coffee listening to the MI’s latest research and subsequent discussion among this formidable group of women, I realized how fortunate I am to be able to have the ability to transport my kids and simultaneously maintain my career.

I planned to take 12 weeks off for the birth of each of my sons. My first spent three weeks in the NICU and required surgery a couple months later. To accommodate for the unexpected medical issues, my employer at the time graciously granted me a couple extra weeks of leave and a part-time transition back to full-time employment.

With my youngest, I took my planned 12 weeks, plus was able to miss GlassBuild America so I wouldn’t be across the country from my infant. Being able to prioritize caring for my newborn, even though it meant foregoing attending a critical industry event, spoke volumes about the culture of my company and its family-friendly flexibility. That was further demonstrated when my oldest started preschool and his school schedule required me to transport him during working hours. Although it

results in some hectic mornings, I remain grateful to not have to choose between his early education and my job.

We’d love to hear from you

What policies and actions in your workplace have helped you overcome challenges relating to childcare, flexibility and DEI?

About the Author

Laurie Cowin is editor of Window + Door. Contact her at lcowin@glass.org. This article originally appeared January 12, 2023 in the Window+Door blog. It is reprinted with permission from Window + Door.

THE CONTRACTOR’S COMPASS MARCH 2 023 21

2023 SESCO Webinar Series (Part 1)

SESCO is pleased to announce our training schedule for 2023. With the overwhelming success of participation and positive client feedback in 2022, the following provides our topics and dates. Schedule early as the events fill up quickly.

March 29: How to Recruit and Retain Your Organization’s Most Valuable Asset

On the heels of movements like the Great Resignation, “quiet quitting” is the latest example of employees changing their attitudes about work and re-evaluating what’s important. "Quiet quitting," today's newly emerging workplace mindset, describes employees who are doing the bare minimum at work by reducing their commitment, energy, and productivity on the job. No longer are employees willing to go above and beyond what’s asked unless there’s meaningful give-and-take — and this doesn’t just mean salary bumps and added vacation days.

So, what does this mean for your organization? This session will focus on practical, real-life conversations about recruitment and retention of your most valuable asset: your people. To start, we will open discussion about the true costs and effects of turnover and poor recruiting and hiring practices. All elements and/or systems that affect an organization in its hiring and people management are discussed.

Participants will learn about recruiting, sourcing, and screening candidates the right way. Next, they will learn the art of behavioral-based interviewing (further explained in the Behavioral–Based Interviewing program description). Logically, the next step of instruction includes elements of background investigations to include employment, education, criminal history, credit history and other license and credential confirmation.

As we know, finding the right person and keeping the right person are related but still very different matters. So, this session will address both finding, as above, and keeping the most qualified employees of your organization. Employee retention tools as well as workplace enhancements and how compensation fits into retention are discussed. Specific retention programs such as employee recognition and awards programs as well as employee/ supervisory surveys are explored.

April 12: Handling the Death of an Employee

An employee’s death can be sudden and unexpected. But you can’t be caught unaware by your employer responsibilities for handling the death of an employee. While no one wants to think about the death of an employee, being prepared can make things easier on everyone impacted.

Although a difficult topic, you must know what to do when an employee dies. From notifying your staff to paying out deceased employee wages, you can’t neglect your duties. Not to mention, how you handle an employee’s death speaks volumes about you and your business. This program will provide a review of the considerations and challenges for the employer in the event of an employee’s death.

April 26: Navigating the Complexities of Wage and Hour Compliance

The Fair Labor Standards Act (FLSA), the federal wage and hour continues to cause big headaches for employers given the intricacies of exemptions, pay plans and state permissible pay practices. Non-compliance exposes companies to individual and other representative actions. Wage and hour laws continue to multiply, with new regulations, court decisions, and myriad changes to existing laws impacting employer compliance obligations.

The webinar will cover the rules for classifying employees as exempt or nonexempt and address other common wage and hour pitfalls. Participants will learn how to avoid mistakes in paycheck deductions, how to avoid problems with meal and rest break laws and will provide a refresher on the newly revised federal overtime rule. For experienced human resources professionals, this session will be a practical “refresher.” For less experienced human resources professionals, this webinar will introduce real-world advice regarding wage and hour essentials. To learn about what your organization needs to do to stay in compliance and out of court, join us for an overview of the legal requirements and best practices of federal wage and hour law.

MARCH 2023 THE C ONTRACTOR’S COMPASS 22
www.sescomgt.com

www.sescomgt.com

May 17: Core HR Systems That Every Business Needs

When was the last time you conducted an audit of your personnel files? If it’s been a while (or if you have never done an audit) you may be putting the organization at risk. The best way to ensure your company remains in compliance and avoids liability is to conduct regular reviews of your personnel files and your filing practices. Join us as we learn the good, the bad, and the ugly of personnel file maintenance, including whether documents are being put in the correct file (i.e., personnel or medical) and whether you are retaining files longer than is required (or disposing of them too soon). Next, we will cover how to properly onboard new hires to set them up for success. Last, we will discuss the importance that the employee handbook plays in the new hire process and why it should be a living, breathing document which is critical to HR and management functions.

May 24: Understanding the Ins and Outs of Medical Leave of Absences

As experts in employment law compliance, SESCO will explore the practical application of crucial federal regulations such as the Americans with Disabilities Act and the Family Medical Leave Act. Further, we will delve into these pertinent and complex regulations to give participants a fundamental understanding on how to navigate and apply these regulations compliantly within their organization.

This session focuses on the intent and purpose behind ADAAA and FMLA and will cover the basic interpretations and practical applications of the law. Additionally, we will discuss and demonstrate how to reduce liability by avoiding common compliance mistakes. Participants will learn how to properly engage in the interactive Reasonable Accommodation process for ADAAA and effectively manage FMLA leave for eligible employees.

Key take a ways include:

• Understand the basic requirements of ADAAA and FMLA regulations and the impact to the organization.

• Explore the most common violations and how to avoid them.

• Recognize whom and when to apply the ADAAA and FMLA regulations and supporting documentation.

• Assist employees in handling accommodation and leave appropriately to protect yourself and the company from liability.

June 7: Management’s Role in Recognizing & Preventing Harassment and Discrimination

Harassment is rampant and it happens daily in our workplace. Whether it’s Hollywood, politics, academia, or business, you cannot escape the reports of misconduct in the workplace. With the heightened awareness, employers must do what they are required by law and in their power to prevent harassment in the workplace. This session will explore the true definition of harassment and discrimination under Equal Employment Opportunity regulations, such as Title VII of the Civil Rights Act, and the problems caused by inappropriate workplace behavior. Additionally, we will focus on preventing sexual harassment and discrimination, how to respond to harassment or discrimination, how to address unwelcome behaviors, the negative impacts of workplace misconduct, proper procedures for reporting and investigating complaints and consequences of false accusations. Last, we will cover how leadership should properly handle and respond to charges of discrimination received from the Equal Employment Opportunity Commission.

June 21: How to Conduct Internal Investigations

Are you prepared to conduct a proper investigation? Will it comply with all Federal, State, and local laws and all your policies? Will that investigation be

objective and respect all party’s rights? Will it be presented in a professional manner?

If done properly, an internal investigation can help get to the bottom of things. If done wrong, it all too often makes things worse. The challenge of complying with all applicable standards/ regulations is to educate and update all who are responsible for conducting investigations within the organization. Otherwise, they may not have the tools or skill sets to be aware of all those obligations and responsibilities which in turn can lead to unintentional violations of law and challenges to the integrity and credibility of the investigation and its results/conclusions.

In short, this webinar is designed to provide you and your organization with a fundamental understanding of what’s required to conduct an effective and professional investigation while minimizing risk (financial, legal, damage to internal and external reputation, etc.).

Presenters include:

• Mr. William E. Ford, President and CEO

• Mr. Joel Cullum, Senior Vice President

• Ms. Jamie M. Hasty, Vice President

Tuition: $60.00 per person, per webinar

Schedule:

Every other Wednesday, beginning March 2023 – June 2023 1:00-2:30 pm Eastern time

Please click HERE to purchase and register for SESCO’s 2023 Webinars

Cancellation Policy:

Requests for cancellations or substitutions will be honored if they are received seven (7)days prior to the beginning of the seminar. The person(s) may be registered for another webinar session or other names may be substituted; otherwise, the company will be billed for the full

THE CONTRACTOR’S COMPASS MARCH 2 023 23

Building a Pipeline for Success: Strategies for Supporting Women Newcomers in Construction

More and more women are joining the construction industry and making an impact. Many construction companies see the value of increased hiring and retention of women in the workforce. For a good reason: bringing in people of different

experiences and backgrounds always results in a more innovative, creative, and flexible work environment.

In construction, where time-tested processes can sometimes turn into “this will do’s,” fresh perspectives are surely welcome. This is why

construction businesses need to support women entering the field and recognize that there will be some adjustments that need to be made, as it is a fact that construction has historically been male-dominated. In 2022, NAWIC reported that the

MARCH 2023 THE C ONTRACTOR’S COMPASS 24 FEATURE

construction workforce in the United States was only 10.9% women.

There’s still a long way to go in encouraging more women to enter the field, and ensuring that those who have made the leap are supported and welcomed is critical in inviting more women to consider careers in construction.

Here are some strategies you can implement to support women newcomers in the industry.

Proactively promote a comfortable and welcoming work environment for

all

Promoting inclusivity is not about special treatment. It’s about ensuring everyone feels comfortable and supported to contribute their best to the company. The current workforce must be trained and educated about the benefits of creating a workplace culture that actively prevents discrimination and bias.

An integral part of getting the buy-in of a workforce who could be unsure about changes in the work culture is fostering a sense of community among current employees and newcomers. This is vital in improving the working relationship among all employees. Opportunities for socialization and team-building will help newcomers and the existing workforce feel better connected and acquainted, positively contributing to creating a supportive and respectful work environment.

On the policy level, companies must implement official antidiscrimination and anti-harassment policies to avoid untoward incidents proactively. Waiting for something to happen before creating ground rules can make a lasting negative impact on the work culture and must be avoided.

Implement shadowing and mentorship programs

With the help of your current employees, you can better support women newcomers through mentorship and shadowing programs that will help them get up to speed with the skills needed to best perform their jobs and form better bonds with your current employees. Experienced employees are the best candidates for mentors of new hires because they can help newcomers learn the ropes of the company and the industry at large. They are also best positioned to facilitate interactions between new hires and existing employees.

An experienced mentor within the organization will significantly boost the confidence of women new to the industry. Experienced mentors are also in the best position to give newcomers an overview of the type of work and career trajectories available in the construction industry, including the different career opportunities and tracks that may not be common knowledge. Enlisting the help of company veterans who understand the value of inclusivity can also help ease any friction that could arise from workplace changes, as they can be critical champions of diversity in the workplace.

Ensure proper safety equipment

Having adequate and properlyfitting safety equipment is crucial in ensuring workplace safety, especially in construction, where work hazards are common. Some women in trades have reported challenges finding equipment and clothing that enable safe and efficient job performance. Companies must ensure access to these resources, both for the safety and comfort of the newcomers and to continuously promote a culture of safety. Safety issues are, unfortunately, still one of the sore

points for the industry, and ensuring that women in construction have access to proper PPE is an essential component of efforts toward improving workplace safety on job sites and other construction project settings.

Similarly, ensuring that women receive the same level of training as their male counterparts is critical. This involves training in the use of tools and ensuring that the tools available are adapted in case ergonomic discrepancies need to be addressed, like offering tools in various sizes.

Final thoughts

Women joining the construction industry is a positive change that employers must continuously cultivate. These are just some strategies you can implement within your construction business to ensure that you contribute to the efforts to encourage more and more women to join the industry. Workplaces composed of professionals from different experiences and backgrounds result in a pool of employees with varied talents and perspectives–ultimately helping companies better meet the demands and needs of discerning customers and stakeholders.

About the Author: Patrick Hogan is the CEO of Handle.com, where they build software that helps contractors and material suppliers with lien management and payment compliance. The biggest names in construction use Handle on a daily basis to save time and money while improving efficiency.

THE CONTRACTOR’S COMPASS MARCH 2 023 25

FEATURE The Power of a Mentor

A recent report from The Washington Post shows that more women than ever are working in the construction industry, finding women now make up 16% of construction workers, up 117% since 2016. The newspaper found the fastest-growing states included Arizona and Oregon. While companies and labor unions are celebrating, those on the front lines know it can’t last without dedicated efforts to change job-site culture. That includes educational outreach, training, mentoring, and zero-tolerance policies for harassment.

It may be intimidating for women to enter a field with such low female representation, but the industry's successful female leaders provide insightful perspectives on the fulfilling nature of the trade profession. One of the biggest factors in how long people stay is whether a company provides mentoring.

Jessica Ray, for example, has worked with Rosendin, one of the largest electrical contractors in the United States, since 2011. Ray stumbled into the construction industry shortly after graduating college with an education degree. Just as she set out to begin teaching, there were mass layoffs and great uncertainty for education professionals at the time.

As Ray was unsure of her next move, her sister, who was working at Rosendin then, suggested she apply for an Assistant Project Manager position that had recently opened up. Ray was initially worried about how her academic credentials would translate to the construction sector. Nonetheless, her sister encouraged her to consider the opportunity, praising the leadership team, and emphasizing the benefit of mentorship from a longstanding employee in the company’s Oregon office.

Ray was fortunate to work under Michelle Doyle, who has worked for Rosendin for the majority of her professional career, beginning as an office assistant in 2007. She was initially drawn to the construction industry because of the competitive pay and benefits. When she started her career in 2000, she was the only woman in the office. Doyle quickly became known as the go-to for women in the office and she was happy to help Ray navigate both the construction industry and her first corporate job.

“I’ve tried to mentor more women because they don’t have as many examples as men. Jessica has come a long way since making that leap as a project manager vs. a staff role. I want her to realize she’s capable of anything,” Doyle states.

Connecting with an experienced professional like Doyle provided Ray with an outlet to ask her questions while learning how to navigate the industry in a leadership role. Doyle's mentorship and collaboration encouraged Ray to keep pushing herself and gave her the confidence to take on large-scale projects. As Ray advanced within Rosendin to manage high-budget projects, she frequently relied on Doyle's experience managing one of our longestrunning projects in the area. Having Doyle available and eager to share insights and ideas has influenced the local industry's promotion of female-driven leadership.

Doyle has had a significant impact on Ray's professional development throughout her career. As a mentor and friend, she consistently encourages colleagues, particularly women, to invest in themselves and their careers, while sharing experiences and lessons learned she had early in her career.

“I lean a lot on Michelle for guidance, she’s been such an invaluable resource for me as I’ve navigated through this industry,” says Ray. “As we welcome new employees into our teams, I feel that it is important to take the time to understand that every person is unique. People learn differently, they communicate differently, and they want to be shown appreciation in varying ways. I believe that to make sure that all our employees feel welcome and valued we must continue to ensure that we take

the time to understand what works best for our employees so that they can continue to succeed.”

Doyle's commitment to inclusivity has influenced many women in the field; she has inspired countless women to pursue a career in the trades. Her trailblazing efforts can still be seen on our sites today, as we see a higher proportion of women on the job.

Equality in construction isn’t just about respect, it’s about safety, so everyone can go home to their families each night. Rosendin is an industry leader in providing a safe and welcoming environment for everyone, but it took a concerted effort from the top down. Rosendin’s commitment to safety through meaningful action and permanent solutions is rooted in its core values: “We Care. We Share. We Listen. We Innovate. We Excel.” This commitment can be seen in the organization’s plethora of programs to empower employees, including its Culture of Care, Unconscious Bias training, policies to identify and train future leaders, and more.

Mentorship is essential in the construction industry to promote internal growth. Having a strong mentor by Ray’s side over the last decade has allowed her the opportunity to continue to learn, grow and ultimately achieve the milestones she has set out to achieve thus far in her career. Doyle has dedicated her career to mentorship and leadership while also setting the standard for inclusive practices in the construction industry.

About the Author:

Michelle Bolden is a Public Relations Executive with 10 to 1 PR. Her lifelong passion for artistic expression and desire to make meaningful connections led her to pursue a career in public relations, and she has made it her mission to share stories that inspire. She has worked with numerous construction companies, exploring the unique industrial challenges workers face, and works diligently to bring awareness to the impactful milestones and developments

MARCH 2023 THE C ONTRACTOR’S COMPASS 26
“If you want to succeed in this industry you cannot wait for others, you must be proactive and go after what you want. I appreciate all the opportunities that have been given to me, but ultimately, I know that my career advancement depends on me taking ownership of my future. Learning how to navigate effectively in this environment can sometimes be challenging and the experience that Michelle brings to my mentorship has been pivotal to my success,” said Ray.

ASA Announces Program with Focus on Diversity & Inclusion and Suicide Prevention

While reading through past (or current) issues of The Contractor’s Compass you may have noticed another logo on the cover that’s different from the standard American Subcontractors Association logo that we all know: the FASA logo.

Originally established in 1987 as a 501(c)(3) tax-exempt entity to support research, education, and public awareness, the Foundation of the American Subcontractor’s Association’s (FASA) mission is 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 United States.” The Contractor’s Compass is created and published as a part of this mission.

During SUBExcel (March 8-11, 2023 in Fort Worth, Texas) ASA relaunched FASA with an important initiative we’re calling FASA Cares. This year, FASA will focus its efforts on two critical topics facing the construction industry:

Diversity & Inclusion and Suicide Prevention. These two initiatives were chosen as priorities because they align with the Foundation’s vision of a safe, inclusive, ethical, and ecologically responsible workplace.

The FASA Cares initiative is designed to connect subcontractors with the knowledge and resources they’re seeking to provide support for those in need.

On Diversity & Inclusion, FASA is partnering with BuildCulture.org and their Culture of Care initiative as an Impact Champion. ASA has taken the pledge as an organization and is encouraging everyone in the construction industry to also take the pledge. Access resources and read more here.

On Suicide Prevention, FASA has taken the pledge to Stand Up for Suicide Prevention with the Construction Industry Alliance for Suicide Prevention (CIASP) and is actively offering webinars and education sessions via ASA Chapters and the SUBExcel conference in

Fort Worth, Texas. The construction industry currently has one of the highest suicide rates among all industries. Access resources and learn more here.

According to ASA CEO, Richard Bright, these initiatives have been a long time coming. “With the complex environment that currently exists in the construction industry and society at large, ASA realized that the Foundation is the ideal vehicle to support our members with these key resources. People need help and they need to know that their peers and their profession will support them. That’s why ASA is here and that’s what the Foundation is for. We’re proud to play a role in raising awareness of these critical issues.”

In November we wrote about the Baltimore chapter conducting a three -part series and discussion of suicide prevention. The second part about resources for employees and employers was taped.

Watch here:

THE CONTRACTOR’S COMPASS MARCH 2 023 27

FEATURE

Different Is Good

Her story caught me by surprise. I expected this tradeswoman to say that her small stature was a roadblock. Instead, it was her greatest strength. As I listened to her speak, the lesson became crystal clear. She leveraged her petite size to take on construction tasks that her male counterparts couldn’t. Her small hands enabled her to reach tight workspaces and hardto-reach panels. Her team relied on her and valued her for her differences. Different doesn’t have to be a roadblock. Different is good.

As more women enter the construction industry, they are using their unique skills, talents and problem-solving ability to build in new ways. And – they’re proud of their contributions.

A female craftworker on our team was tasked with building a 15-foot wall, which was the tallest she had ever built. She shared her sense of pride and accomplishment in completing the task – and meeting spec.

Women, take note. You don’t have to “fit in” to contribute at a high level. You must find and use your differences to your advantage. Whether size, attention to detail, or specialized experience, your contributions are important on every construction site.

Currently, women make up a mere 10.9% of the construction workforce according to the U.S. Bureau of Labor Statistics. We are stronger together. Encourage your network to explore a career path that will allow them to use their skills to create a lasting impact on their community.

To those considering a career in construction, and to those who want

to advance, here are four strategies to stand out from the crowd.

Use your Strengths

Always find a way to incorporate your strengths. No matter your size, knowledge, or skills, you’ll always have something to bring to the table, even if it’s different from everyone else.

The stories above are great examples of how local tradeswomen used their size and perseverance to get the job done. They were able to tackle the situation at hand by thinking outside the box.

Women aren’t always going to have the same skill set as their male counterparts, but this isn’t necessarily a bad thing. Determine what strengths set you apart from your team and use those talents to your advantage.

Ask Questions

Everyone starts somewhere. Entering a new industry or a new role is intimidating, especially if you have little to no knowledge. Ask questions. When you demonstrate the desire to learn and understand, you stand out from the crowd. When you ask a question in front of a group, the odds are many people had the same question. Seek to understand – and you’ll be confident as you take your next steps.

Build your Network

Building your network means intentionally developing new relationships within your organization and in the community.

Start building your internal network by identifying individuals who are taking on challenging assignments

and building their own paths. Take time to understand their projects and priorities, and then ask about them. How can you learn more? How can you offer a new insight? Provide value to those connections, and in turn, they’ll do the same for you.

Outside of your company, research construction industry organizations (like the ASA) and local groups that attract your industry peers. Remember to find organizations where your customers are as well. Be intentional in building relationships with individuals who are in similar roles or career stages. Learn from each other. Then, target relationships with those who are in the role you’re working towards.

Be Confident

Being the only woman in the room or on the jobsite can be intimidating. Always remember that you are where you are because of your skills and abilities. Preparation is the foundation of confidence. Know the job plans. Know the players. Understand the critical numbers and how they will be measured. When you prepare, you have an advantage and can confidently take on the challenges of the day.

About the Author:

Brenna Alton is the Corporate Marketing Manager for Kent Companies, a top-10 concrete place and finish contractor. She is charged with managing the company’s brand and message. Brenna has previous marketing experience in professional services and specialty trade contracting.

MARCH 2023 THE CON TRACTOR’S COMPASS 28

LEGALLY SPEAKING

The Texas Prompt Payment Act for Construction Projects

Let’s look at the facts. The State of Texas Prompt Payment Act, found in Chapter 28 of the Texas Property Code, calls for prompt payment for work performed on private, residential, and commercial projects. The requisite for prompt payment on public works jobs can be found in Texas Government Code Section 2251. But what exactly does prompt payment mean, and how do you enforce it? Here, we’ll list out the details you need to know about the Act and how it differs between private projects and public works projects.

Requirements

A Comprehensive Guide for Contractors and Subcontractors

If you’re a contractor or subcontractor working in the construction industry in Texas, you’ll want to pay attention to the Texas Prompt Payment Act. This important state law governs payment practices for construction projects in Texas. Late payments can lead to serious financial consequences, and nobody likes a late-paying client. Don’t worry, we’re here to help you navigate the

ins and outs of the Texas Prompt Payment Act.

What Is the Texas Prompt Payment Act?

It is a state law that provides legal protection for contractors and subcontractors who work on construction projects in Texas. The law sets strict deadlines for payment and penalties for late payment, which can help ensure that those who provide labor and materials on a project are compensated in a timely manner.

One of the key features of the Texas Prompt Payment Act is the requirement for general contractors to pay their subcontractors within a certain timeframe. You can ensure your team is especially communicative and invest in an airtight contract, but above all else, you must establish a timeline. Your timeline will make these laws enforceable, so be sure you clearly detail your schedule in your construction contract. If a general contractor receives payment for work performed by a subcontractor, they must pay the subcontractor within seven days of the receipt of payment. If a dispute arises over the quality or quantity of work performed, the general contractor may withhold up to 150% of the disputed amount but must still pay the undisputed amount within the seven-day timeframe.

In addition, the Act requires that a contractor or owner who receives an invoice for work or materials provide

THE CONTRACTOR’S COMPASS MARCH 2023 29

payment within 35 days. If payment is not made within this timeframe, the contractor or owner may be subject to penalties and interest charges on the 36th day and onward.

1.5% of Interest Per Month Penalty

One penalty that can be imposed under the Texas Prompt Payment Act is interest charges. If a payment is not made on time, the contractor or owner may be required to pay interest at a rate of 1.5% per month on the unpaid balance. This interest can quickly add up, making it costly for those who do not pay on time.

Right to Stop Work Penalty

Another penalty that can be imposed is the right of a contractor or subcontractor to stop work on the project. If a payment is not made on time, the contractor or subcontractor may give written notice that they will stop work if payment is not received within 10 days. If payment is still not received, the contractor or subcontractor may stop work without penalty and may be entitled to damages for the delay.

The Texas Prompt Payment Act also requires that certain information be included in contracts between contractors and subcontractors. Specifically, contracts must include information about payment schedules, interest rates for late payments, and the right to stop work for non-payment.

For contractors and subcontractors, the Texas Prompt Payment Act provides a level of protection against non-payment or delayed payment. By setting strict deadlines and penalties for noncompliance, the law gives contractors and subcontractors more leverage to ensure they are paid on time and in full. This is particularly important for small businesses and independent contractors who may

not have the financial resources to weather delays in payment. However, it’s important to note that the Texas Prompt Payment Act does not provide blanket protection against non-payment. If a contractor or subcontractor fails to meet their obligations under the contract, such as providing substandard work or not completing the project on time, they may not be entitled to payment under the law. Disputes over the quality or quantity of work performed may also delay payment and require legal action to resolve.

In Conclusion

The Texas Prompt Payment Act is an important legal protection for contractors and subcontractors in Texas. By setting strict payment deadlines and penalties for noncompliance, the law provides a level of security for those who work in the construction industry. Having a skilled Texas construction attorney on hand to help you navigate this is highly recommended. Connect with a construction lawyer on our team to ensure the entire process is followed correctly, and the proper notices are sent to receive the prompt payment you deserve! Prioritize your pay and start taking advantage of the State of Texas Prompt Payment Act today!

This article is intended as a general educational overview of the subject matter and is not intended to be a comprehensive survey of recent jurisprudence, nor a substitute for legal advice for a specific legal matter. If you have a legal issue, please consult an attorney.

About the Author

With more than 18 years of experience in construction and real estate law, Karalynn Cromeens has filed more than a thousand lawsuits to foreclose or remove mechanics liens successfully. Her family also owns a

The Quit Getting Screwed

Construction Podcast, hosted by Karalynn Cromeens, covers everything related to construction, contractors, and how to build a better business. Karalynn's goal for the podcast was to make costfree industry insight available to contractors across the country. She provides resources for business owners, contractors, and entrepreneurs to recognize and understand how to not get screwed. The podcast has over 10,500 listeners nationwide and continues to grow daily, making it a great tool for exposure.

Listen now where podcasts are streamed, or find us on Youtube @quitgettingscrewed!

material supply company, providing Karalynn first-hand knowledge of the construction industry. This personal understanding, combined with her extensive legal experience, guides The Cromeens Law Firm’s true purpose— To protect and defend all that you have worked hard for and be your partner in business. This article is published with the permission of The Cromeens Law Firm PLLC. It was originally published in March 2023 on their website.

MARCH 2023 THE CON TRACTOR’S COMPASS 30

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Upcoming Webinars Coming

Maximizing Your ASA Membership

Wednesday, April 12, 2023 | 12:00 - 1:00 pm (EDT)

Check out the benefits in your ASA National Organization membership. Whether you just joined last month or ten years ago, this easy-going and informative session will show you what is available to you and how to access it.

Register for this webinar.

Understanding the Ins and Outs of Medical Leave of Absences

Tuesday, April 18, 2023 | 12:00 – 1:00 pm (EDT)

We’ll explore the practical application of crucial federal regulations such as Americans with Disabilities Act and the Family Medical Leave Act. Further, we will delve into these pertinent and complex regulations to give participants a fundamental understanding on how to navigate and apply these regulations compliantly within their organization. This session focuses on the intent and purpose behind ADAAA and FMLA and will cover the basic interpretations and practical applications of the law. Additionally, we will discuss and demonstrate how to reduce liability by avoiding common compliance mistakes. Participants will learn how to properly engage in the interactive Reasonable Accommodation process for ADAAA and effectively manage FMLA leave for eligible employees.

Key takeaways include:

• Understand the basic requirements of ADAAA and FMLA regulations and the impact to the organization.

• Explore the most common violations and how to avoid them.

• Recognize whom and when to apply the ADAAA and FMLA regulations and supporting documentation.

• Assist employees in handling accommodation and leave appropriately to protect yourself and the company from liability.

Presented by: Jamie Hasty, Vice President, SESCO Management

Register for this webinar.

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