A C O U S T I C A L
Ceilings & Interior Systems Construction Association
WINTER 2014
INTERIOR CONSTRUCTION THE RESOURCE FOR THE CEILINGS & INTERIOR SYSTEMS CONSTRUCTION INDUSTRY
Cover Story— The James B. Hunt Jr. Library You Must Plan to Attend the CISCA Convention + INTEX Trade Show
Project of Note— Georgia Tech’s McCamish Pavilion
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INSIDETHISISSUE
Winter 2014
Volume 57, Number 1
ON THE COVER: The James B Hunt Library at North Carolina State University Submitted by: Other CISCA Members:
Architects:
Sound Seal Acoustics, Inc. Pearce Brinkley Cease + Lee (now Clark Nexsen)
FEATURES
8 Project of Note— Georgia Tech McCamish Pavilion
COLUMNS
4 The Thrill of Victory and the Agony of Defeat 5 Happy New Year! 48 Good Selling
16 CISCA Business Library Win by losing in 2014 —
Shed Bad Communication Habits
Should I hire a sales rep? 50 Legally Speaking Forming Accidental Contracts by Email
26 COVER STORY:
Sound Seal nets Gold award for the James B. Hunt Library at NC State University
35 Plan to Attend the 2014 CISCA Convention and INTEX Trade Show Great program, great hotel = great time
DEPARTMENTS
21 Construction Excellence Awards Application 34 CISCA Miscellany 54 Ad Index
41 INTEX Exhibitor Prospectus Everything you need to know as an exhibitor
ACOUSTICAL INTERIOR CONSTRUCTION
Executive Director: Shirley Wodynski • Publisher/Editor: Rick Reuland • Advertising Sales: Debbie Rauen EDITORIAL: For advertising rates and information or editorial comments or questions, contact: Rick Reuland, Association Publishing Partners, Inc., 6S252 Cornwall Road, Naperville, IL 60540 • 630-637-8632 • 630-637-8629 fax • rmgi@comcast.net ADVERTISING: For advertising rates and information contact Debbie Rauen • 940-368-2468 • debbie_int_const@yahoo.com © Copyright 2014 Ceilings & Interior Systems Construction Association. This publication may not be reproduced, photocopied, stored in any electronic retrieval device or transmitted by facsimile without permission of the publisher. All rights under U.S.A. and international copyright laws are reserved. Publisher accepts no responsibility for unsolicited manuscripts. INTERIOR CONSTRUCTION (ISSN 0888-0387) is published quarterly by the Ceilings and Interior Systems Construction Association, 1010 Jorie Blvd., Suite 30, Oak Brook, IL 60523. Subscriptions: $40.00 per year. • POSTMASTER: Send address changes to Acoustical Interior Construction at 1010 Jorie Blvd., Suite 30, Oak Brook, IL 60523.
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innerworkings
The thrill of victory and the agony of defeat By Eric Mau
I
f any of you remember back in 1983 when ABC Wide World of Sports was in it’s prime, the opening clips showcased several outstanding sporting achievements. From game winning goals to unbelievable catches in various types of sports. Of course, Eric Mau that was the Thrill of Victory. ABC quickly switched gears during the clip and showed a poor Yugoslavian Skier named Vinko Bogataj going down a ski jump. Just as the announcer says agony of defeat, Vinko veers off the ramp and crashes, flipping head over heals into the crowd and disappears. We are left to wonder if he is injured or even dead. As it turns out, he was just fine and even wanted to come back the next day to jump again. Now we all know that Vinko trained hard for a long time to make that jump and when he finally got his chance, he failed. It’s a little strange to try to compare this story to our business model, but in essence, there are a lot of parallels, obviously without the physical pain. I know that all of us out there- contractors, distributors, manufacturers and Independent Reps have worked on a specific project for several years. From design development, architectural details thru the whole bidding process only to get to the award process and lose it to an unqualified competitor. We don’t want to ever look like it’s sour grapes, but the bottom line is that there are usually several factors involved in losing the project at this point. The common denominator is the General Contractor.
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When a project bids that you are involved with and there is a clear direction with whatever type of product and performance specified, the owner and architects are the ones with the expectations that need to be met. What happens on large projects is that 5 subs will bid it per the specs and design and there is always 1 sub contractor that will not pay attention to the details and plug a number in that is far below all of his / her competitors. Right then, the GC is the one who needs to vet out the qualifications of this low number, prior to bidding and not automatically carry this number. When they don’t check to see if this is an accurate bid, that number is now the “new” number and all other parties need to be there after award. Obviously, you can’t make up for mistakes, but most GC’s will advise a sub if they are out of line-low or high. When the GC then goes to award the project, this low sub informs them what they are carrying and good, bad or indifferent, that is the number plugged in for our materials. It obviously costs everyone money except the GC. They will push hard to get whatever product that is submitted approved. That means that whatever you worked on for this job is almost certainly lost and the owner/ architect are slowly punished with a sub par product and installer on their project. The reason I bring this up is that while good competition is good in all facets of our business, those who don’t pay attention to details, cost us all in the long run. It’s one thing to just get beat on price, lead time, warranty, etc., but to get beat by bad project review on the GC level gets you the same result as Vinko’s run.
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It is important for all of us, at every level to keep the Architects, Owners and especially the General Contractors aware of what they are preparing to buy through the specs that are written prior to bids being accepted. Having the low number is not always the best thing if there is no one else down there to support you. This was very apparent in 2013 when a few subs and manufacturers closed their doors from these types of proposals. Value Engineering is fine and is even expected and appreciated when there are budget constraints, but you have to have the specified pricing as the “base” value to compare it to and Value Engineered pricing cannot BE the base value. Let’s make sure that 2014 is a year when all your work goes rewarded and your partners and the General Contractors understand what the real story is from the day they sign their contracts! Again, look forward to seeing you in Vegas in March! Sincerely, Eric T. Mau Your CISCA President 2013-14 Eric Mau Mau, Inc. 2013 – 2014 CISCA President eric@mauinc.com 847-797-1010
Happy new year! I hope you all had a wonderful holiday By Shirley Wodynski
I
’ll start this article with a little personal story – each Thanksgiving my family and I participate in our local Turkey Trot (which is a 5K walk/ run). After each event there are pictures in our local paper of various participants. This year I made it my mission to be one of the groups in the paper. SO, I decided to get everyone a silly looking hat to wear. As you can see from the picture below, they were silly hats – they looked like pieces of pumpkin pie with a dollop of cool whip on the top. The photographer took our picture and told us to look for our picture in the paper. The local paper came the next week and we were certainly in the paper – ON THE FRONT PAGE!! Mission accomplished!!! The paper put a caption on the photo: “Wonder what these people are thinking about? They may be participating in the Turkey Trot, but they are thinking about something sweet that will follow their turkey.” The funny thing about this caption is that we do not have pumpkin pie for Thanksgiving!! Why am I telling you this story – and risking my family’s wrath at publishing this picture? Because I think it is an excellent story to show the importance of setting goals and working toward
them. We all set goals in our businesses, but we often forget about goals in our personal lives. Sure, we all have a budget and know whether or not we can purchase that new TV, car or other luxury, but how much thought do we give to how we are going to be able to afford the TV, car, other luxury or our 15 minutes of fame getting our picture in the paper? There are a lot of articles, webinars and other material on work and life balance. What does this mean? Does it mean I need to go home at the end of my work day and not think about work again until I walk in the door the
next business day? I think not! Any of us do this? Maybe the key to work and life balance is to have goals for both your career and personal life. Not all goals are attainable and it does not mean we are bad people when we don’t reach our goal; it just means it wasn’t necessarily the correct goal for us at
Shirley Wodynski Executive Director for CISCA. Shirley.Wodynski@cisca.org 630-584-1919.
this particular time. It is important to have goals so we have something to base our decisions on – if I want a new TV should I really purchase these new boots or could that money be put in the TV account? So, take a few minutes and set some goals for 2014. Make them reasonable and fun. Include both work and life and see how much they cross over. For example, if you want to get more exercise this year can you walk or bike to work? Does this sound like making New Year’s resolutions? Maybe, but how many people actually keep their New Year’s resolutions. I prefer to think of them as goals. Goals that we will have tweaked and still have at the end of the year. Now, on to a couple of CISCA matters I would like to discuss this month. Have you checked out the CISCA (continued on page 7)
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Winter 2014 | Acoustical INTERIOR CONSTRUCTION
2013-2014 Board of Directors
President Eric Mau Mau, Inc. President-Elect Pete welly Foundation building materials Secretary-Treasurer Patrick Oates Jacobson & Company, Inc. Immediate past president Brad Sampson CDM Investment Group Executive Director SHIRLEY WODYNSKI CISCA
Directors adam bessert thorne associates, inc. Joann Davis Brayman Armstrong World Industries Jason Gordon Heartland Acoustics & Interiors, Inc. David Kovacs Kamco Supply Corp. Ron Rice Hunter douglas architectural products Dustin sandoval Airtite Contractors Jim Walaszek Chicago Area Building Specialties Steve Udolph Tectum Inc.
(continued from page 5) benefits lately? If not, you may be spending more than you need to for items. Here are a few I would like to highlight: CISCA now has a co-branded credit card administered through AchieveLinks. AchieveLinks is an on-line shopping site where you can purchase and earn points that can be exchanged for merchandise. You can use the credit anywhere you currently use a credit card – to purchase gas, groceries, dinner, etc. Each dollar spent earns you AchieveLinks points. The CISCA logo is prominently displayed on the card. Won’t you join me in showing your support for CISCA and get a card today?! Go to http://www. achievelinks.com to apply for the card. Every manager and owner worries they are meeting all the state and federal requirements when it comes to personnel issues. CISCA has entered into an agreement with MidwestHR. MidwestHR is a Professional Employer Organization. In addition to insuring
you are following all state and federal laws with respect to your employees, they also offer benefits employees can take advantage of – benefits you may not be able to offer on your own. Benefits such as vision insurance, 401k, FSA plan and much more! Contact Jeff Rosset today and tell him you are with CISCA. Jeff’s contact information is jrosset@midwesthr.com ; 847-722-0571. The last member benefit I want to discuss today is LifeLock. Everyone is concerned about their identity today. No matter how careful one is, the bad guy often wins. Go to https://1800members.com/lifelock/ cisca to enroll. You will get 10% off plus 2 months free your first year. Have a great winter. I look forward to seeing you all in Las Vegas, March 31 – April 3, 2014 for the CISCA Convention and INTEX Tradeshow.
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PROJECT OF NOTE
Georgia Tech McCamish Pavilion Atlanta, Georgia
Gold Award - Renovation - Central Region - 2012 Submitted by:
Hunter Douglas Architectural Products
Other CISCA Members Involved with Project:
Architects:
Liberty Enterprise Specialty Contractors, LLC Populous
By Meta L. Levin
F
or Ron Rice, the Georgia Institute of Technology McCamish Pavilion renovation was a labor of love. Rice, vice president of sales and marketing for Hunter Douglas and general manager for the Luxalon® Metal Ceilings Group, was intimately involved in the project, for which Hunter Douglas Architectural Products won a CISCA Gold Award, Renovations, South Region.
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A Georgia Tech graduate, Rice remembers walking across the floor at what was then known as the Alexander Memorial Coliseum to receive his degree during commencement ceremonies. Based in the Atlanta area, Rice’s office is “just down the street” from the pavilion, making it easy for him to keep a close eye on the work while it was in progress. (continued on page 10)
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THEINSIDESTORY (continued from page 8) “Anytime we had a question, Ron and a couple of his guys would come out and assist us,” says Keith McDurmon, president and CEO of Liberty Enterprise Specialty Contractors, LLC, the installing contractor. “They inspected it frequently to insure its success.” Originally named after William A. Alexander, Georgia Tech’s football coach from 1920-1944 and its third athletic director, the pavilion opened in 1956 and has gone through three major renovations since then. It now is home to the Georgia Tech Yellow Jackets men’s and women’s basketball teams. The most recent renovation was
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marked with a name change to the Hank McCamish Pavilion in honor of a $15 million donation from the McCamish family. The $45 million project included rebuilding of the seating bowl, the addition of an upper level balcony, as well as club seating and enlargement of the concourse and plaza areas. Architectural plans called for replicating the old “Golden Maple” basketball court flooring in the ceilings at the grand, VIP and student entrances and the Club levels. Although the rest of the renovation included gutting the facility, the architect wanted to preserve and build on its unique and iconic dome structure, which originally was constructed in such a
Winter 2014 | Acoustical INTERIOR CONSTRUCTION
way that there are no support pillars to obstruct the view of fans during a game or other event. Initially wood from the basketball court was saved, but it wasn’t practical to use it for the ceiling areas, partly because of its weight, but also because in the entrance areas it would likely be subjected to extremes in temperature and humidity when fans were entering and exiting the building. It was instead used for placards and signage throughout the building. Enter Hunter Douglas. Using its Woodwright™ box series and Woodwright™ Torsion Spring with Lexalon® metal ceilings covered by a wood look high gloss powder coat (continued on page 12)
High Profile Series Baffles Soar at Phoenix Airport ™
Clean lines and full point accessibility helped create a modern aesthetic at the 44th Street PHX Sky Train™ Station in Phoenix. Designed by HOK, the 33,600-square-foot ceiling installation earned a Bronze designation in the Construction Excellence Awards, elevating the look of baffle ceilings to new heights and creating a transportation landmark in the city. As a CISCA sponsor, Hunter Douglas Ceilings appreciates the opportunity to connect with industry-leading contractors, and thanks all its partners on this project. For more information: HunterDouglasContract.com
THEINSIDESTORY (continued from page 10) finish, Hunter Douglas engineered, manufactured and supplied two ceiling finish types while integrating linear and large format panel systems into the existing curved beam structure. “They gave us a piece of the court to match the color, tone and grain,” says Rice. It was particularly meaningful for the Georgia Tech graduate to hold a piece of the flooring. Matching the color turned out to be easier than originally thought. “We got a match right out of the toy box,” says Rice. To make sure that it was absolutely right, Hunter Douglas brought the interior designer from the architectural firm, as well as representatives from Georgia Tech to its Norcross, GA facility and mocked up the ceiling with the finish and the gloss. There was some concern,
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because the “strong play of ambient light can exaggerate what is going on” with the high gloss finish, which was used for the entry ways, says Rice. It can be highly reflective, like a mirror. “We wanted to make sure that everyone was good with it.” Both the metal ceilings at the entry ways and the acoustic wood panels in the Club areas are Hunter Douglas products. The Club ceilings are made of real wood maple veneer. “It has the warmth of real wood,” again, Golden Maple, which Hunter Douglas ended up staining to get them the right color. In the club area, the veneer panels had a ¾ inch black reveal. In the entry ways, Hunter Douglas also had to manufacture and paint light boxes, which were inserted into specially cut openings
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in the ceiling panels. They used an EdgeLine ceiling trim with a wood look powder coat, high gloss Golden Maple finish. The 30 inch by 8 foot metal panels are held in place with a grid system with torsion springs to allow access to infrastructure above the ceiling for maintenance purposes. “The team had to custom engineer each ceiling to fit inside the curved configuration of the structural beams,” says Rice. “There was a lot of coordination necessary with the light fixtures,” says Jennifer Dunn LEED AP BD&C, project manager for Whiting-Turner, the general contractor on the project. “But that’s not unique to this project.” The ceilings had to accommodate and enhance the interior lighting scheme, which features stage lighting to emphasize the basketball court and allow clear views for spectators (continued on page 15)
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(continued from page 12) in the pavilion, as well as a television audience. This required the rest of the arena to be darker. To address the lighting requirements, all of the trim elements, the backsides of the panels and fixture boxes were finished with light-absorbing dark-gray paint. Installation went smoothly, although McDurmon admits he had some concerns at the beginning. Still, he had worked with Hunter Douglas on other projects and had confidence in what they could do. “The quality of the product was just wonderful,” he says. High on McDurmon’s list of worries was canning – waviness or buckling that can show up across flat areas of sheet metal panels. Hunter Douglas, however, was way ahead, compensating by bracing each panel, “and it worked,” says
McDurmon. “We were concerned about getting the gloss correct and getting the color just right,” says Dunn. “Hunter Douglas did an excellent job.” From the careful packing – with layers of protective skin on each panel and spacers in between the panels - to the extra pieces Hunter Douglas sent “just in case,” Dunn says that everything was well done. “We were most worried that the panels would sag or have dimples,” she says. They had to be carefully stored before use, but the team was able to find a warm, protected spot that insured that they wouldn’t be moved around before Liberty Enterprise Specialty Contractors was ready for them. “Ron Rice and his team took a hands on approach and we felt comfortable going straight to them with
questions,” she says. McDurmon especially appreciated the detailed instructions Hunter Douglas provided, but no amount of instructions changed the fact that the ceilings were 20 to 25 feet high, much of it over stairs. While some was over a flat surface and the crews could work from scissor lifts, others were based next to the stairs, so that they had to use boom lifts. There were a few scaffolds, but “The majority was done from hydraulic lifts,” he says. When the job finally was done, Georgia Tech invited all of the contractors to see the finished product and watch a game against Alabama. McDurmon was thrilled, “There were a lot of challenging aspects to this project, but the ceilings made the job.”
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BUSINESSLIBRARY
Win by Losing in 2014: Shed Bad Communication Habits for a More Productive New Year
by Geoffrey Tumlin
O
ne or two bad communication habits is all it takes to cause a lifetime of trouble. And with today’s quick and easy methods of communication, it’s all too easy for bad habits to work their way in. You overreact to an email — not for the first time — and send off a furious and damaging reply. Your spouse accuses you of not listening (again) and you have to sheepishly admit (again) that she’s right. You offend your “friends” or followers on a social media platform with yet another ill-advised attempt at humor. Or you can’t resist a snarky comeback to a difficult customer’s provocation, even though you immediately regret your words. When bad communication habits take over, the reputation you worked so hard to cultivate takes a beating. Bad communication habits are the punishment that keeps on giving. Even if you suffer from only one bad habit, it can recur in dozens of conversations and cause damage each time. But the good news is that by eliminating a single bad habit you can prevent many future problems. In fact, nothing
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else you can do gives you as much bang for your buck as resolving to eliminate a bad communication habit. And there’s no better time to add a bad communication habit to your quit list than the new year. That’s where Stop Talking, Start Communicating comes in. Full of counterintuitive yet concrete advice, it draws on extensive experience as a communication consultant to show readers how to unload bad habits, improve conversations, and use today’s powerful digital devices, not to fragment attention and dilute relationships, but to achieve more of their most important goals and aspirations. This is the best time in human history to be a competent communicator. It’s true that it can be incredibly difficult to break free of the bad habits associated with the distraction, expediency, self-expression, and excess that characterize so much of our digital-age communication. Yet if we are willing to cast off some of our bad communication habits, we can optimize opportunities to connect productively and meaningfully with other people. Here are seven of the most common bad communication habits. If any of the habits hit dangerously close to home, resolve to improve or eliminate them in 2014.
Bad Habit #1 The Neanderthal picks your words
When we’re agitated, irritated, or frustrated, a battle plays out between our primitive, impulse-driven Neanderthal brain and our more modern, thoughtful, and deliberative brain. And while the Neanderthal parts of our brain are indispensable when we’re in physical danger, our Neanderthal brain is terrible at picking our words. Word selection is better left to our more analyti-
The fastest and the best way to improve your communication is to stop doing things that repeatedly cause you trouble. Here are seven bad communication habits that are at the top of the quit list for the new year.
cal modern brain, because the Neanderthal prefers to club first and ask questions later. The problem is, that although words can build relationships only slowly, they can cause damage with lightning speed. A blurted retort, a thoughtless tweet, or a hasty remark can — and does — land people in hot water all the time. When the Neanderthal chooses our words, it never ends well. A simple, but powerful way to improve your communication in 2014 is to stop talking and think for a minute whenever you’re frustrated or upset. You don’t need to take a vow of silence, but you do need to pause long enough to keep your more thoughtful and deliberative brain in charge of selecting the words you’re going to express. Even a few seconds can help you to steer clear of the Neanderthal’s exhortations to club someone, can allow you to get in front of ill-advised words, and can provide you with the space you need to selfcorrect when you’re angry or upset.
Bad Habit #2 Using authenticity as an excuse for bad behavior
“I was just being myself” sounds harmless, but it’s often an excuse to indulge in destructive behavior. Smart communicators realize that by focusing on what they want to accomplish instead of what they want to say, they keep their conversational goals in their rightful place — above their feelings in terms of priority. Authenticity sounds good in theory, but in practice it often torpedoes our goals. I’m not suggesting that you become a fake, just that you don’t cloak momentarily gratifying, but counterproductive, communication in the fabric of ‘being yourself.’ Poor communication —
when your words hijack your goals — isn’t a trait; it’s a choice.
Bad Habit #3 Multitasking when we should be listening
The digital revolution facilitated hypercommunication and instant self-expression, but, ironically, made it harder for anyone to listen. There’s just too much communication junk getting in the way. (Just consider the frenetic activity happening on Twitter at any given moment.) Our thoughts are scattered, our minds wander, and ever-present distractions make it difficult for us to focus on the person right in front of us. In 2014, most of us need to make a concerted effort to reinvigorate our listening skills. Intentional listening will make you more present in conversations and will decisively improve your communication. The funny thing is, that people are telling us all the time about what they want, what they fear, and what’s important to (continued on page 18)
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BUSINESSLIBRARY (continued from page 17) them, but we’re often too busy thinking about what’s in our inbox or who just texted us to absorb much of what they’re saying. The ‘old school’ behavior of listening will help you become a much better communicator and will enable you to become far more knowledgeable about the people in your life.
Bad Habit #4 Asking faulty questions
Questions aren’t always neutral. They make some of your conversations better, but as you’ve probably noticed, many questions make a surprisingly large number of your conversations worse. Even “simple” inquiries can go awry. “Is your mother coming over for dinner again?” or “Did you call Jim in accounting about this?” can cause trouble if the other person thinks there’s a criticism behind the query. Some of your relationship problems probably reflect your underdeveloped questioning skills. Faulty questions contribute to many conversational failures and can add anxiety, defensiveness, and ill will to interactions. In general, the more you query simply to indulge your personal cravings to get an answer, to hammer home a point, or to satisfy a narrow personal interest, the more your questions are likely to stifle dialogue. It’s better to focus on what you can learn from or about another person and to ask questions that reflect a broad curiosity about the person or topic you’re discussing.
Bad Habit #5 Meddling
Our quick, cheap, and easy digital devices allow us to have far too many unnecessary conversations, engage in way too much unnecessary collaboration,
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and get our hands (and thumbs) on too many irrelevant issues. That’s why smart communicators, like smart doctors, have a good triage system — its categories are Now, Delay, and Avoid — to focus on the most pressing issues, while delaying or ignoring less important matters. Problems in the “Now” category require an immediate, solution-based conversation. Don’t automatically assign too many issues to this category — this is the fundamental miscalculation your triage system is trying to correct. “Delay” is your default category. Many issues may disappear completely or resolve themselves without your intervention. Finally, “Avoid” issues that reflect highly emotional, incredibly complicated, and other volatile feelings that reside deep inside another person unless they are impairing the accomplishment of critical work. A New Year’s resolution well worth keeping is to have fewer conversations, but to try to make each one count. Most of us are guilty of inserting ourselves into far too many unnecessary conversations.
Bad Habit #6 Fighting with difficult people
Jane talks too much. Jim is incredibly stubborn. Uncle Billy loves to argue. Your client is moody. Whether they’re controlling, critical, or cranky, the behaviors that make someone a difficult person tend to spark frequent confrontations — even though we’re unlikely to influence these people. For example, we wrestle with Jane to get a word in edgewise. We struggle to change Jim’s mind. We fire a barrage of points and counterpoints into Uncle Billy’s arguments. We try to offset our client’s mood swings. It’s time to quit trying. At the end of a conversation, the difficult person remains the same, but often you are in a weaker position. But giving up your desire to ‘win’ by imposing your will on the other person can realistically and con-
sistently improve your communication with difficult people. When you find yourself with no choice but to interact with a difficult person, have modest expectations, avoid tangents, and stay focused on your end goal. It’s really all you can do.”
Bad Habit #7 Overreacting
In 2013, we often used more force than needed to accomplish our objectives. We yelled when a measured response would have worked better, sent a blistering e-mail when a more restrained reply would have sufficed, and issued an ultimatum when a firm, but gentle statement of convictions would have done the trick. But excessive force frequently causes a destructive cycle — attack, retaliation, escalated attack, and escalated retaliation, etc. No matter how justified you may feel, the bottom line is that using excessive force isn’t usually a winning strategy. Exercising restraint during a contentious interaction is challenging, but try to apply the least amount of interpersonal force and intensity necessary to accomplish your objective. In other words, bring a stick to a knife fight in order to prevent a conversation from escalating dangerously. Try to stay serious and focused, don’t add any new emotional material, and keep the conversation as brief as possible. Be the calm, controlled, and stabilizing influence on a conversation that’s become heated so you can minimize the chance of permanent relational damage. In 2014, let’s focus on shedding the bad communication habits that are coming between us and the most important people in our lives, because those bad habits prevent us from having the kinds of productive and meaningful interactions we desire. Eliminating just one or two bad communication habits will dramatically improve your communication and strengthen your relationships in the new year.” Acoustical INTERIOR CONSTRUCTION | Winter 2014
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Construction Excellence Awards 2013 The CISCA Board of Directors has voted to expand the Construction Excellence Awards Program by one significant category. The new catagory will be the People’s Choice Award. This new award will be determined by voting after the annual awards breafast at the CISCA convention. After reviewing all the winning projects, attendees will be asked to vote for their favorite. To aid in this process, each attendee will receive a program guide book which pictures and describes the winning project entries. With the program book will be an official
Importantant Program News!
ballot to vote for your favorite project. Votes will only be accepted on the ballot form and there will only be one vote per attendee. After breakfast votes will be tabulated and the winning project will be announced that evening at the President’s Reception and Dinner. Representatitves of the People’s Choice Award winning firm will be recognized after dinner and the project will be featured in a future issue of Acoustical Interior Construction magazine. The 2013 Awards Entry Form can be found on page 22.
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2013 Construction Excellence Awards q Rules q Criteria q Entry Form
The Ceilings and Interior Systems Construction Association (CISCA) invites applications for the Construction Excellence Awards competition.
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Call for Entries
Award winners will be recognized Wednesday, April 2, 2014, during the CISCA Convention in Las Vegas, Nevada. The awards ceremony features a multi-media presentation of all submissions and winning projects. Winners will be featured in the Acoustical Interior Construction magazine. Entries are due no later than January 31, 2014. A special entry fee is available for entries received by January 10, 2014. No late entries will be accepted.
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Regions
Your project will compete against other projects submitted in the same CISCA region. Projects must be submitted in the CISCA region where the project is located. All entries will be judged using the same award categories and criteria against other submissions from that region. Projects outside the United States and Canada will enter the International Region. Regional qualification does not apply to the Boutique Category. All entries into the Boutique Category will be judged as a group. Note: Entries outside the geographic area shown at right are considered International.
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Category Descriptions
Ceilings – Complex or difficult design new construction ceiling projects (interior or exterior) using metal, wood, fiberglass, fabric or mineral fiber. Renovation – Complex or difficult design renovation projects using metal, wood, fiberglass, fabric or mineral fiber. Interior Finishes – Complex or difficult design interior finish projects. Category includes wall panels and cladding systems. This category is all inclusive for work done on the interior of a building. 22
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Note: Entries outside the geographic area shown below are considered International.
Acoustical Solutions – Complex or difficult design projects solving an acoustical challenge. Boutique – Unique interior projects less than 10,000 square feet. NOTE: Entries submitted in the wrong category may be disqualified by the judges.
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Award Types
Award Recipients will be notified after judging. Winners are asked to notify the others listed on their project of the outcome of judging. Each winning entry is given one award. Additional awards may be purchased for other CISCA members who worked on the projects. Additional awards purchased by February 20, 2014 can be presented during the breakfast. All awards will be presented during the Awards and Keynote Breakfast and a picture will be taken on stage. Only CISCA members will be recognized in the video and in the magazine Gold – may be awarded in each category within each region. Silver – may be awarded in each category within each region. Bronze – may be awarded in each category within each region. Boutique – Gold, Silver and Bronze may be awarded within this category. Optional Special Awards Special Awards may be given at the discretion of the judges. Recognition may be given to the project the judges deem to be the “Best of the Best,” The Founder’s Award. The Founder’s Award is presented to the project deemed the best overall project – work of the contractor and use of manufacturer’s materials. Contractor’s Award – this award may be given to a project submitted by a contractor. This award is similar to the Founder’s Award, but will be given based solely on the work of the contractor who has submitted the entry.
q - - - - -
Entry Requirements Projects must be completed within 18 months of the date due and not have been previously submitted. No maximum to the number of total entries from one company A maximum of three (3) entries in any one category from one company No project may be submitted in more than one category by the same company The company submitting the project must be a CISCA member, i.e. distributor, contractor, manufacturer, etc. by the date of judging.
WHAT TO SEND - $900 fee if submitted by January 10, 2014, $300 if the contractor is a CISCA member - $1,000 fee if received January 12 - 31, 2014, $350 if the contractor is a CISCA member - Completed entry form, binder (as per below), pictures - Be sure the entry form clearly indicates the region where the project is located - Be sure the entry form clearly indicates the category under which the project is entered. - Do not send material you need returned BINDER REQUIREMENT - White 1 inch, 3-ring binder (suggested Wilson-Jones W362-14W) - Each sheet/picture should be placed in a plastic protection sheet - No dividers should be used, no cover sheet - Items should be placed in binder in the following order: o Completed Entry form, along with form of payment o Narrative (no longer than 500 words) – more detail can be found later. No company name, project name, or location of project. o Pictures – be sure the picture description is placed below the picture, not on the back, not on the adjacent page. Decription can not state company name, project name, or location of project. o Short paragraph to be used in the magazine if the project wins (Up to a 100 word narrative should be written for the magazine and website should the project win an award. This narrative should include the name of the project and all contributing companies.) o CD of photos in jpeg format only (call CISCA if you would like to upload your pictures to the ftp site) Acoustical INTERIOR CONSTRUCTION | Winter 2014
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Judging Criteria
PLEASE READ THIS SECTION CAREFULLY A panel of industry representatives will judge the entries. The presentation quality will count for 20% of the total points. The presentation includes the binder, photographs and narrative. The remaining 80% of total points are based on: 1) quality of the job; 2) job conditions 3) complexity of the job and 4) overall finished project. When thinking about what to include regarding job conditions, consider the challenges a job site might present to the contractor working within a difficult space. For example, other tradesmen and equipment working at the same time making installation more difficult; unusual heights and the complexity of installation due to these heights; or other extreme unusual outside influences that challenged the installation process. Many times the submittals include the statement “the job had a short time frame for installation” or something of that nature and depending on the project and products installed that may or may not be considered a “job condition”. OVERALL PRESENTATION AND APPEARANCE OF ENTRY Binder: a. Each entry must be in a white, 3-ring binder with no company or project names or logo. Suggested binder is Wilson Jones, W362 14W. b. Each sheet of paper and photograph is to be in a clear plastic protection sheet c. Do not use dividers d. Binder should be arranged in this order: o Completed Entry form, along with form of payment o Narrative (no longer than 500 words) – more detail can be found later o Pictures – be sure the picture description is placed below the picture, not on the back, not on the adjacent page. o Short paragraph to be used in the magazine if the project wins (Up to a 100 word narrative should be written for the magazine and website should the project win an award. This narrative should include the name of the project and all contributing companies.) o CD of photos Photographs A minimum of (5), but no more than ten (10) 8” X 10” or full-sheet photographs may be included. Provide a brief description of the photo below the picture. Photos should be good quality photos which clearly show the judges the project. Photos do not have to be professionally done, but if they are, be sure to obtain reproduction rights from the photographer for CISCA’s use without limitation. Photos on the CD should be in JPEG format. It would be helpful to the judges to have photographs of the project before and during renovation for projects entered in the Renovation Category. Project name and company or specific product names should not be in the photographs. Narrative A maximum of 500 words providing details about the size and scope of the project. Narrative should include information on the challenges and special obstacles encountered on the project; the degree of difficulty or extenuating circumstances encountered in completing the project. Basically, answer these questions: • What makes this project special? • What qualifies this project for an award? NOTE: THIS NARRATIVE SHOULD NOT INCLUDE THE NAME OF THE PROJECT, THE LOCATION OF THE PROJECT, SPECIFIC PRODUCT NAMES, THE NAME OF THE CONTRACTOR, MANUFACTURER, DISTRIBUTOR, INDEPENDENT MANUFACTURERS REP, ARCHITECT, OTHER COMPANY THAT WORKED ON THE PROJECT OR PERSONS WHO WORKED ON THE PROJECT. IF INCLUDED, THESE NAMES ARE BLACKED OUT WITH A MARKER WHICH MAKES READING THE NARRATIVE DIFFICULT FOR THE JUDGES AS THIS CAUSES A LOSS OF FLOW WHEN READING. UP TO 10 POINTS WILL BE DEDUCTED IF NAMES ARE INCLUDED IN THIS NARRATIVE. 24
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2013 Entry Form
CISCA CONSTRUCTION EXCELLENCE AWARDS Please complete the information exactly as it should appear on the award. Each submission requires a separate entry form, which must be in a separate entry binder. Form must be completed in its entirety. Contact person is requested to respond to all communications in a timely manner. Print or type exactly as it should appear on the award, in the magazine and on the website. Category (circle one) q Acoustical Solutions q Ceilings q Interior Finishes q Renovation q Boutique (No Region) Region (circle one)
q South q Central q East q West q International
Name of Project: Location of Project (city, state): List other companies involved in this project. Please note, Contractor, Distributor, Manufacturers Reps and Manufacturers must be CISCA members to be recognized as having worked on the project. If you have a long list of contributors, please append them to your entry form on a separate sheet. Contractor: Company name, Contact name, Email address, phone number, city, state Distributor: Company name, Contact name, Email address, phone number, city, state Mfg. Rep: Company name, Contact name, Email address, phone number, city, state Manufacturer: Company name, Contact name, Email address, phone number, city, state Architect: Company name, Contact name, Email address, phone number, city, state Applicant: Company Name: Contact Person: Title: Mailing Address: Telephone Number: Email Address: As company representative I give CISCA permission to use photographs and any information submitted for the CISCA Construction Excellence Awards competition, promotional materials and news releases. Signature: Date: Payment Type (circle one): Check Visa MasterCard AMEX Card Number: 1010 Jorie Blvd., Suite 30, Oak Brook, IL 60523 Ph: 630-584-1919 Fax: 866-560-8537 Expiration Date: cisca.org
Submission deadline is January 31, 2014.
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THEINSIDESTORY
r e Cov
y r Sto
The James B. Hunt Library at North Carolina State University Gold - Acoustical Solutions - South Region Submitted by: Other CISCA Members:
Architects:
Sound Seal Acoustics, Inc. Pearce Brinkley Cease + Lee (now Clark Nexsen)
by Meta Levin
“I
was astounded,” says David Gilbert, Sound Seal’s general manager, about his first look at the completed James B. Hunt Jr. Library at North Carolina State University. “Being able to stand outside the building and look through the glass to see our product is awesome.” Sound Seal’s work on that project earned it a CISCA Gold Award, Acoustical Solutions, South Region. The $115.2 million library construction used about 7150 square feet of Sound Seal acoustic veneer wall panels and about 6000 square feet of the manufacturer’s acoustic veneer ceiling panels. “It’s not the biggest project we’ve ever done, but it was sizeable,” says Gilbert. “The high profile nature of this particular building was in the back of everyone’s mind throughout the process.” Sound Seal also handled the grid system for the ceiling panels. The veneer panels are in prominent 26
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areas, particularly in the reception area, lobby, gallery and Skyline Reading Room. Designed for use by North Carolina State University students in the engineering, textiles and other science programs, the James B. Hunt Jr. Library’s 221,000 square feet includes space for the Institute of Emerging Issues, as well as other university centers and institutes. It is 88 feet high at its tallest point, 460 feet long and 180 feet at its widest point. Its contemporary design makes it stand out on the historic campus. “The wood warmed up the spaces,” says Shann Rushing, AIA, the senior project architect on the job. Rushing cites both the beauty of the wood veneer and its acoustic properties as the prime reasons Sound Seal was chosen for the job. “We wanted the acoustical components to be integrated into the architecture of the building. The wood covered the entire wall or (continued on page 28)
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THEINSIDESTORY (continued from page 26) ceiling, but you don’t get a sense that acoustical measures have been applied.” In keeping with the look and feel of the building, Sound Seal used a clear satin finish European Oak, backed by one inch thick, three pound per cubic foot fiberglass on the second and fourth floors of the building. To insure that it measured up to the architect and owner’s vision, Sound Seal produced and installed a mock-up, allowing the team to approve the fit and finish of the product. Materials on the fifth floor were made of 7200 square feet of American Maple with a clear uv-polyacrylate lacquer on both the wall and ceiling panels, with the same pattern of 3/8 inch wide stainless steel reveals. But it was the number of reveals in the walls that Gilbert points to as the most difficult. The wall installation included “hundreds of feet of stainless reveal trim,” he says. The installers were
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tasked with fitting the panels on the second and fourth floors into this trim, using numerous field cuts to do so. The same pattern of stainless steel trim was incorporated into the walls on the fifth floor. “They had to line up exactly and the panels were of the quality needed to make that happen,” says Joan Hooks, project manager for Skanska, the construction manager on the job. Sound Seal Woodtrends Wood Panels was one of several products considered for the project. Ultimately, the company’s flexibility and willingness to work with the architect and contractors to customize the materials brought it to the top of the heap, says Hooks, “Sound Seal was chosen in part for its willingness and ability to be flexible. They were willing and able to remove the banding so that it didn’t look like the panels were in picture frames. That was a big plus.” Ty Routten of SpecOne Systems, an architectural independent representative who represents Sound Seal, noted that the bidding was done at the height of
the recession, so “it also was definitely about the numbers.” Throughout the project, Sound Seal experts, including Gilbert, visited the site regularly to review the progress, answer questions and help the installing contractor work through any issues. “We were there prior to and during installation to make sure everything was going smoothly and to help with any issues that popped up,” says Gilbert. “Anytime we are involved in a big project, we want to be there. When we do that, everyone knows us and is comfortable asking about any problems, so that they don’t become overblown.” Hooks was impressed. “Their follow up and support was excellent,” she says. “It always benefits the construction manager to know that someone is checking behind the installing contractor. To have the manufacturer come and check was great.” (continued on page 31) Acoustical INTERIOR CONSTRUCTION | Winter 2014
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THEINSIDESTORY
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(continued from page 29) For instance, when the panels at the bottom of a sloped ceiling in the reading room were in danger of buckling, Gilbert showed up to work with Skanska and the installing contractor on redesigning the support mechanisms. “It was an easy fix,” says Routten. “We worked it out so that the panels wouldn’t bow or slide.” Gilbert considers the sloped ceilings one of the bigger challenges they faced: “The ceiling sloped at various points, creating transition issues from one area to another. Maintaining directionality, as well as alignment of the various aspects of the ceiling panels made for a challenging installation.” The ceilings in the reading room are 16 feet off the floor at their highest point and slope down to 14 feet, says Hooks. Those in the Gallery area are about 20 feet at the highest point. “The ceilings that were buttoned up have stayed right as they should.” They also served another purpose. “Typically when you go into a large space, you get a sense of the scale, because of the sound,” says Rushing. “Here you go in and it is subdued. It worked well.” The 6,000 square foot ceiling used modular panels, incorporating the same groove patterns as were used on the walls. They were mounted on a Z-grid, attached to a suspended heavy-duty drywall grid. Ceilings on the second and fourth floors were high, requiring the majority of wall work to be done off the floor. Sound Seal also was able to work with the installing contractor and construction manager to phase delivery so that it fit the schedule at what Gilbert described as a “busy job (continued on page 33)
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THEINSIDESTORY
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(continued from page 31) site.” Each set of veneer panels had to arrive 72 hours early to allow time for acclimation to the climate. Sound Seal also was concerned that none be there before the HVAC systems were up and running, with all controls operational. Temperature and humidity can affect the size and shape of the panels. Leaving them in the packaging on site for several days allows them to absorb or give off moisture picked up during transit. “We made sure that the environmental conditions throughout the building were closely monitored in an effort to avoid any adverse effects to the products,” says Gilbert. That the Skylight Reading Room was located on the fifth floor pro-
vided extra challenges. Combined, the walls and ceiling used 7200 square feet of product. The ceiling planks alone measured 48 inches by 24 inches each. Only standard passenger elevators were available to transport all of the ceiling and wall panels up to the fifth floor. It took some creative thinking, but it all made it up there intact. “The Skyline Reading Room is a special space,” says Rushing. Entirely made of wood and glass, it features an outdoor terrace and overlooks a lake on the campus. The deadline was tight, but not too tight. “As an interior manufacturer, every job is tight,” Gilbert says. “We have to schedule it right, because if the interior guy is two weeks late, the owner is
reaching for the keys.” In the end it all was done well and on time. “There’s a definite ‘wow’ factor,” says Routten. “There’s so much wood. It’s beautiful.”
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CISCAONTHEMOVE
The Executive Committee of the CISCA Board of Directors met in Lancaster, PA, at the Armstrong headquarters, January 13-14, 2014. Pictured left ot right: Brad Sampson, Joann Davis Brayman. Eric Mau, Shirley Wodynski, Patrick Oates, and Pete Welly.
NEWMEMBERS Winter 2014 Qingdao, Shandong Fuyi Acoustics Products Design and Development Co., Ltd. China
Application Deadline:
February 15, 2014 The 2014 GORDON H.F. “Corky” Falbaum CISCA Scholarship Complete Your Application Today! The Scholarship Receipient
Scholarship Award:
$5,000
For Eligibility and the Scholarship Application,Visit:
Sydeco Acoustics Inc.
New York, NY
Foundation Building Materials
Orange, CA
American Decorative Ceilings
Cleveland, OH
Sorlie Acoustics, Inc.
Duluth, MN
R.A.M. Metal Industries LLC
Dubai United Arab Emirates
will be Presented at the 2014 CISCA Construction Excellence Awards Breakfast
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www.gordon-inc. com/scholarship/
Acoustical INTERIOR CONSTRUCTION
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CISCA Convention Monday — March 31, 2014 CISCA Registration Desk Open For early-bird registrants 2:00-7:00 P.M. CISCA Convention Golf Outing Enjoy a challenging round of golf at one on Las Vegas’ premier golf courses. 12:30-5:00 P.M.
CISCA Welcome Reception — 6:00 p.m. Greet friends and associates as we embark upon another outstanding convention experience.
Tuesday — April 1, 2014 CISCA Registration Desk Open For early-bird registrants 7:15 A.M.-5:00 P.M. Independent Manufacturers Rep Meetings 8:00 A.M.-4:30 P.M.
CISCA Educational Sessions 8:00 A.M.-4:30 P.M. Greet friends and associates as we embark upon another outstanding convention experience
Emerging Leaders Reception 5:00-6:15 P.M. Reception 6:30-8:00 P.M. 36
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FREE Evening — Enjoy!
Wednesday — April 2, 2014 CISCA Registration Desk Open For early-bird registrants 7:30 A.M.-2:00 P.M.
Thursday — April 3, 2014 CISCA Registration Desk Open 7:45 A.M.-10:00 A.M.
Economic Forecast — Bob Treadway 7:30-8:30 CISCA Awards and Keynote Breakfast 9:00 A.M.-12:00 P.M. See all of the Award-winning projects and people who made them happen. Witness the 2013 DeGelleke Award presentation. And finally at the end of the breakfast, cast a vote for your favorite project in the first-ever... People’s Choice Award!
Show Opens — 10:00 A.M.-1:00 P.M.
Show Opens — 12:30-5:00 P.M.
IMR Meeting 12:30 pm – 1:30 pm Annual Distributors Meeting 5:00 pm – 6:00 pm CISCA President’s Reception & Dinner 6:30-9:00 P.M. Enjoy a great evening of fun, food and entertainment. Learn the results of the People’s Choice Award voting. The perfect cap to another great Convention.
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CISCA Convention + INTEX 14 Registration Form INSTRUCTIONS: •
Attendee Information
Please photocopy for each additional registrant, or register online at www.cisca.org
First
Last
Badge Name
Company Address City, St., Province Zip Country Phone Fax Email Spouse/Guest (An additional company employee is not considered a companion) First Last Badge Name Home Address Full Registration (includes entrance into all individual events and exhibit hall for attendee.) Fees & Payments (payable in U.S. Dollars) CISCA MEMBER
Early - On or Before February 21, 2014
Full Convention 1st person (FULL)
q
$695
q
$895
Full Convention 2nd or same firm (FULL)
q
$545
q
$695
q
$845
q
$995
q
$745
q
$800
q
$175
q
$195
Regular - After February 21, 2014
Amount
Non-Member
Full Convention 1st person (FULL)
Full Convention 2nd or same firm (FULL) Spouse/Guest
Spouse/Guest Registration (SG01)
Individual Events (Included in Full and Spouse/Guest registration) CISCA Golf Outing How many? Includes: golf, lunch, transportation and club rental
$280 per person
CISCA Welcome Reception (WELCOME) Monday How many?
$100 per person
$175 nonmember
CISCA Reception
How many?
$100 per person
$175 nonmember
CISCA Awards & Keynote Breakfast (AWARDS)
How many?
$100 per person
$175 nonmember
CISCA President’s Reception & Dinner (DINNER)
How many?
$150 per person
$225 nonmember
CISCA Education Pass
How many?
$200 per person
$300 nonmember
INTEX Trade Show Pass
Wed. $40
Thu. $40
Tuesday
q
q
Both Days $75
Method of Payment
q
TOTAL
qCheck q Visa q MasterCard q American Express
Card No.
Exp. Date
Signature Is this your first CISCA Convention?
Yes
Name on Card List any food allergies: Registration will not be processed without payment.
Return this form with a check or credit card information to CISCA Convention + INTEX Expo 14, 1010 Jorie Blvd., Oak Brook, IL 60523; Phone (630) 584-1919. If you pay by credit card, you may fax your registration to (866) 560-8537.
Cancellation Policy
If you must cancel, your registration fees will be refunded in full, less a $75 processing fee, if we receive your cancellation in writing by March 8, 2014 No refunds will be issued after March 8, 2014, or for no-shows. Individual tickets are not refundable.
Questions?
Call CISCA Registration at (630) 584-1919 or email cisca@cisca.org.
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No
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Winter 2014 | Acoustical INTERIOR CONSTRUCTION Walls Floors Exteriors Ceiling Systems
© 2011 USG Corporation. All Rights Reserved.
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Should I hire a Sales Rep? by Tom Woodcock
A
aaaaah, to hire or not to hire? That is the question.
Most construction companies don’t have “true” sales people. They have project managers or estimators that have sales functions. They blend multiple responsibilities and seldom actively develop as sales people. Rarely are they endowed with both project detail skills and strong people skills. The results end up being a disjoint sales effort or distracted project analysis. Customers buy from people they like and trust. Many times they are quickly overwhelmed by project details and get glassy eyed during presentations. The converse side is finding people with strong communication skills that are thin in the realm of project knowledge. The truth is, seldom can you merge both. So why try? It always amazes me how quickly a contractor will hire an office or field person at the drop of a hat when they feel the need exists. Yet, they hesitate to hire the individual with people skills to find and evaluate opportunity. The optimum scenario is to hire the front person, have them carry the brand and work together to set the targets. After they connect with a potential client they bring in the project guns. The fear is always what to do if the sales person cannot answer a particular question. This is not the catastrophe you may think. Simply be honest and reassure the level of experience on staff at the company. Reinforce the fact that they can handle the challenges. The rep then commits to get the correct answers and sets up a follow up appointment. You actually end up getting a second face to face with the client. Turning a perceived negative into a positive. Spending the time and effort to put quality marketing materials together for the rep to lead with will aid the overall impression. Event marketing, better known as entertaining, can be maximized by the sales rep as that individual is surgically focused on those meetings being successful. Not looking for excuses to skip the event or watching the clock while there. Instead of sales activity being an after thought, it’s a priority. Think about it. Why on earth would you want someone in your company to completely be focused on sales? Or as many phrase it, business development. Which is simply a nicer term for sales. By the way, some of us are proud to be called sales rep. That means we generate THE business! So what holds construction companies back from pulling the trigger? Really just a couple items: 48
Winter 2014 | Acoustical INTERIOR CONSTRUCTION
1. Compensation- Sales compensation is a little foreign to most contractors. A simple combination of base salary with a bonus or commission package tied to performance is best. 2. Management- The fear exists of how to manage a sales rep when the structure to do so doesn’t exist in the firm. Setting realistic expectations and quotas is a good start. 3. Ability to Support- How will a full time sales rep tax a staff? What level of internal interaction will they require? Less than you think. 4. Finding the Right Person- Use a recruiter or individual you know has regular contact with sales personnel. They can point you in the right direction and refer good candidates. I deal with these issues virtually daily and I’m blown away by the concerns so many construction professionals feel. They build multi million dollar projects but fret over a 50-75K employee. Though I understand the reputation of the company is at stake, how many poor project managers or estimators have been sent into customer conference rooms? Like any other customer contact personnel there is risk involved but the potential for success is well worth it. To continue down a path where you’re struggling with making an impact in regards to sales will shape your companies future more than anything else you do. A dynamic, intelligent, personable and yes, attractive sales person will bring freshness to your approach. Connecting with your clients is critical to growing and securing new business. Having an individual completely dedicated to that goal can only help. So get help in securing the right player and equip them to be successful. Teach them your trade and company culture. Give them time to get their feet underneath them and then launch. You will absolutely stand out from amongst your competitors. Tom Woodcock is a nationwide speaker and trainer specifically to the construction industry. His book :You’re Not Sellin’, They’re Buyin’!” is rapidly selling across the country. He can be reached at his website: www.tomwoodcocksealthedeal.com or at 314-775-9217.
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LEGALLY SPEAKING
Forming Accidental Contra by Daniel N. Myers
O
ne of my all time heroes, the humorist, actor and writer Will Rogers, once quipped: “With Congress, every time they make a joke it’s a law, and every time they make a law it’s a joke.” In a similar vein, are you or your employees making a contract when writing an email? It can happen, and it certainly will not be a joke nor half as funny. It is hard to imagine a properly functioning business today that does not use email as an integral part of its day to day communications. “Snail mail” just won’t cut it in today’s business environment: email has passed from a convenience to an indispensable part of our daily business routine. Coupled with the growth of email usage is an odd development in human psychology: the cautious business executive who has always been careful to never send a letter or document full of typographical errors, slang language or misspellings, throws caution to the wind when they write an email. It is as if email is just another form of oral communication, or a telephone chat with a friend, when you can say pretty much what you want, anyway that you wish. This same executive who would previously screen every letter to insure against writing something that might be considered off-color or offensive, doesn’t hesitate to pass on risqué jokes to 50 of their closest friends. The convenience and speed of email communications, and the almost total lack of serious thought and review that used to be given to what was written in a conventional business letter, can lead to unintended consequences such as the creation of legal obligations where none were intended. Careless and casual drafting, and the swift tapping of the “Send” button, can result in the accidental formation of contractual obligations, enforceable in both state and federal courts.
The Uniform Electronic Transactions Act (UETA) of 1999 is a federal law that was developed by the National Conference of Commissioners on Uniform State Laws to provide a legal framework for the use of electronic signatures and records in government or business transactions. UETA makes electronic records and signatures as legal as paper and manually signed signatures. In addition to governing interstate transactions, It has been adopted as law by 47 states, and 3 states (Illinois, New York and Washington) have similar statutes based on UETA. Both the federal and state laws specifically provide that a contract “may not be denied legal effect solely because an electronic record was used in its formation.” And, furthermore, each law mandates that courts must be liberal in upholding contracts formed electronically. In 2000, Congress passed the Electronic Signatures in Global and National Commerce Act, known as E-SIGN. This law provides that “a signature, contract or other record relating to such transaction may not be denied legal effect, validity or enforceability solely because it is in electronic form….” In other words, a contract formed via email is just as valid as one written by a lawyer and signed on paper. The case law that is developing pursuant to these laws indicates clearly that courts, using the mandate for a “liberal” application of the law, will read into email language the requisite elements of a contract, even if found to be missing in explicit language. Contract formation requires an offer, acceptance, mutual consideration and agreement. Pretty simple elements, and pretty simple to accomplish, even in a casual and brief email message.
“Lawyers and documents do not make contracts. People make contracts by what they say and do.”
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acts Via Email A lawyer once wrote: “Lawyers and documents do not make contracts. People make contracts by what they say and do.” And, in the case of emails, it’s not what you meant, but what you wrote. For example, let’s say you wish to purchase some widgets so you write your supplier: “I am willing to buy 1,000 widgets at $100 each.” Your supplier responds, “Your offer to buy 1,000 widgets at $100 each is accepted.” You email back: “Great, I will have my lawyer draft the documents.” Your lawyer then drafts a contract that includes provisions important to you; e.g., you want 90 days to pay, you want the supplier to be liable for damages if the widgets don’t work or cause harm, you want the right to return the widgets if they don’t meet specifications, and you want an arbitration clause. When the lawyer sends the contract to your supplier, he rejects it. You email your supplier, “Sorry we couldn’t come to an agreement. We are not willing to buy the widgets unless you accept the terms in the contract we sent you.” Your supplier immediately files a lawsuit for breach of contract to buy the widgets. You argue that you weren’t willing to buy the widgets except on the terms in the written agreement; however, that’s not what you said in your emails. When you wrote your email, you may have meant that the offer was contingent on acceptance of certain terms and conditions, but that’s not what you wrote. You made an offer; the offer was accepted; a contract was formed. End of discussion. Tips to Avoid Creating the Accidental Contract Here are some tips and suggestions to observe when negotiating the terms of a contract via email. 1. State clearly, and frequently, that your company intends to be bound only by a physically executed, formal written agreement that includes all customary provisions. (For example, in one case, a party stated that it needed a “more comprehensive understanding in writing” before it could be bound. That was enough to tell the court that no contract was intended by the email exchange.) Acoustical INTERIOR CONSTRUCTION | Winter 2014
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LEGALLY SPEAKING 2. Be explicit about any approvals that must be obtained or additional steps taken before consummating a deal. In one case, a party wrote that “upper management approval” was required; in other cases, parties have noted that the Board of Directors or the CEO must sign off on any deal before it is valid; and, in another case, a royalty rate was “yet to be determined”, clearly indicating that a “meeting of the minds” had not taken place. 3. Some companies have adopted automatic disclaimers to business emails. Such disclaimers might state that “the email ‘signature block’ does not constitute a signed writing for purposes of a binding contract;” or that “the sender of this email is not authorized, and has no intent, to make offers or contracts by email, unless the phrase ‘I hereby so contract and sign’ appears in the text.” 4. Think about what you are writing and how it might be read in the abstract. Take time to proof emails before pressing “Send”. If you write, “This is doable” (as was done in one actual case), this can be construed as an acceptance of an offer. If you write, “We’ve got a deal, “ this can be construed by a court as creating a contract. If that was not your intent, then clarify those elements on which you’ve reached agreement, such as “We’ve got a deal on price,” then specify that there are other terms that must be decided. 5. In an exchange of emails when negotiating an agreement, periodically remind the other party that all agreements reached via email are conditional. You might write, “I’m glad that we are negotiating, but we don’t want to be bound until we sign a written contract.” Finally, employees should be continually cautioned to be careful in their emails and to avoid the use of terms such as “offer” and “accept” unless they really mean it. Also, if you think you’ve gone too far, or if you believe your emails have been misinterpreted, send a clarification immediately. The other party may, (1) write back, “No problem;” (2) they may not write back at all; or, (3) they may respond, seemingly dumbfounded, “What are you talking about; of course we have a deal.” There is no downside to clarifying your email, and 52
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there may be an upside if the other party responds in the first or second way. Your clarifying email will be a beneficial piece of evidence should the matter go to trial. And, if they respond in the third way, at least you’ll know where you stand and you can begin saving all of your emails and other evidence and turn them over to your lawyers. The bottom line is that today’s business executive must treat email as they would any other form of business communication. The old business model of the executive who dictated correspondence to a secretary who took it down in shorthand, then typed up a draft to be reviewed and edited, then typed a final letter for mailing is virtually extinct. But drafting an email message should follow a similar procedure: draft your message; save the message, then read it through once or twice to be sure it says and means exactly what you intend; then — AND ONLY THEN — hit the “SEND” button. © Daniel N. Myers PC. This information is not intended to provide legal advice or opinion. Such advice may only be given when related to specific fact situations that the law firm of Daniel N Myers PC has accepted an engagement as counsel to address.
Membership Values Convention Opportunities—
• Keynote Speaker – Fun, Entertaining and Educational • INTEX Trade Show — One place to meet vendors and see the new products and installation procedures. • Networking and Partnering Opportunities – meet new contacts/relationship building opportunities; network with others outside your markets that are facing similar challenges. Comparing notes and having a meaningful exchange, with real problem solving potential, can be done without concerns about sharing information with direct competitors. • Education – Talented specialists brought to the Convention to teach and discuss subjects that are important to our business.
CISCA Publications:
• CISCA Handbook — Great reference guide for estimators and field personnel. • Production Guide – Great reference guide for contractors • Various Specialty Ceiling Guides – Wood Ceilings Technical Guidelines, Guidelines for Seismic Restraint, Acoustical Ceilings Use & Practice, and more
E-Newsletter—
• Weekly e-newsletter. Member news is included free of charge – a great marketing opportunity.
Education—
• Webinars — A way to train many of your employees on a regular basis with industry information. • Convention Education — Talented specialists brought to the Convention to teach and discuss subjects that are important to our business. • Acoustical Interior Construction Magazine — Great articles, ads showing new and innovative products, project information, industry information, and more.
Independent Studies—
• Fantastic acoustical papers filled with information that you can share with employees, customers, architects, and owners. — Acoustics in Healthcare Environments — Suspended Ceilings vs. Open Plenum — Acoustics in Schools
Product Rebate Programs—
• Joint partnerships and alliances through various company promotional programs
On-line Resources—
• Member Directory, Job Posting Opportunities, Upcoming CISCA events, Industry Studies, Construction Excellence Award Winning Photos, back issues of the magazine, links to training videos from manufacturer members and more. • Single Industry Advocate and Voice
Not a CISCA Member Yet? visit CISCA.org and join on line!
CISCA headquarters • 1010 Jorie Blvd. • Suite 30 • Oak Brook, IL 60523 Ph 630-884-1919 • Fax 866-560-8837
Acoustical INTERIOR CONSTRUCTION | Winter 2014
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Winter 2014 | Acoustical INTERIOR CONSTRUCTION
LEARNING MADE EASY with WEBINARS
CISCA webinars are an easy and cost-effective way to keep informed on a wide variety of topics important to your business operation.
2014 Next up... • February 12, 2014 Helen J. Kessler, FAIA, LEED Fellow, HJKessler Associates, Inc. Topic: The Highlights and Benefits of LEEDv4 and Navigating the Materials Credits in LEEDv4
For more information please visit CISCA.org or call 630-584-1919
For a complete listing of all CISCA webinars or to reserve a seat in class, visit cisca.org or call (630) 584-1919.