ROOFING FLORIDA - November 2014 by Florida Roofing Magazine

A Publication of the FRSA ◆ Florida’s Association of Roofing Professionals

ICC Green Construction Code Hearings The Battle Over Florida’s Lien Law Best Roofing: Giving Back to the South Florida Community Differing Job Site Conditions (Pt I of III) BUR is Built to Last Social Media for Commercial Roofing Contractors Keep Your Home Show Exhibit Interesting Reporting Your Workers’ Compensation Claim

NOVEMBER 2014

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ICC Green Construction Code Hearings

Keep Your Home Show Exhibit Interesting

10 18

Best Roofing: Giving Back to the South Florida Community Social Media for Roofing Contractors

The Battle Over Florida’s Lien Law

Differing Job Site Conditions (Pt I of III)

BUR is Built to Last

Reporting Your Workers’ Compensation Claim

Now Available Online at www.floridaroof.com/roofing-florida-magazine

A Publication of the FRSA ◆ Florida’s Association of Roofing Professionals

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FRSA Executive Director, Lisa Pate, CEM ◆ Editor, Christopher Homer

For display advertising inquiries and all feedback including Letters to the Editor and reprint permission requests (please include your full name, city and state) contact Christopher Homer at: christopher@floridaroof.com (800) 767-3772 ext. 127 RFM, PO Box 4850 Winter Park, FL 32793-4850 View media kit at: www.floridaroof.com/roofing-florida-magazine

Any material submitted for publication in ROOFING FLORIDA becomes the property of the publication. Statements of fact and opinion are the responsibility of the author(s) alone and do not imply an opinion or endorsement on the part of the officers or the membership of FRSA. No part of this publication may be reproduced or transmitted in any form or by any means, without permission from the publisher.

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ROOFING FLORIDA (VOL. 5, NO. 11), November 2014, (ISSN 0191-4618) is published monthly by FRSA, 7071 University Boulevard, Winter Park, FL 32792. Application to mail at periodicals postage is pending at Winter Park, FL and additional offices. POSTMASTER: Please send address corrections (form 3579) to ROOFING FLORIDA, PO Box 4850, Winter Park, FL 32793-4850.

Burt Logan ◆ President’s Column

What are you Thankful for? After a dismal October, filled with inhumane heat and rain, it is finally starting to feel like a time we can call autumn. The weather is cooling off, the days feel a little shorter, and the work is all starting to come together. The holiday season is rapidly approaching, reminding us of the work that has been done, and the work that needs to get done. As we move in to November, and we approach Thanksgiving, I think about all of the things I am thankful for. Most importantly, I am thankful for my wonderful family, close friends, and work that challenges me. There is not a day that goes by that I am not thankful for the family that surrounds me with their love. They are my support system, and provide me with some of the guidance that I need. Coupled with them, my close friends are people that I can also learn from. As President, I have attended my share of functions and meetings, and my friends are people I have gained so much knowledge from. Their abundance of intellect has aided me in my journey thus far. Also, I am extremely thankful for my work. While it provides an income for my family and I, it also provides me with a challenge. It makes me think, it makes me work, and allows for me to feel like I am a productive person after the day is over. So, for that, I thank CORE Roofing Systems and all of its employees. I also want to extend my thanks to Lisa Pate, the staff, and the volunteers that make up the FRSA. Without your strength and perseverance, the FRSA would not be the immensely strong identity that it is today. Over the last 93 years, the FRSA has been looking out for contractors, providing them with aid and knowledge to make them the best that they can be. Now, with our beautiful new indoor and outdoor training facility, we will continue to be an essential part of the Florida contracting community. FRSA Open House On November 8th, FRSA held its Open House in our amazing training facility, which is sponsored by FRSA’s Educational & Research Foundation. We kicked off the Open House with a seminar on Social Media by Chelsea Welsh and Magan Jenkins from Southeastern Metals. During the presentation, Chelsea stressed the importance that contractors should have on their online presence, and that is where their focus should move towards. She stressed that people are hyper connected 4

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through the internet and that contractors could possibly increase their business and customer base by utilizing the Internet, more specifically social media. Tours of the offices were available as well as tours of the indoor and outdoor training facility. I want to thank the Executive Committee for cooking a great BBQ lunch buffet. I was also pleased to see the long and rich history of the FRSA displayed in its offices and the training center. Along with the photos displayed on the walls, there was a presentation documenting many of the people and events who established the FRSA as an industry leader. My thanks goes out to everyone who supported and attended the Open House, and a special thanks goes out to Southeastern Metals for sponsoring the event. Now that our training center is open for business, you can make appointments to rent it out for full or half day events. As I said before, there is an indoor facility with a classroom that can seat up to 100 individuals and an outdoor facility that can be used for hands-on training. Rental of the facility includes access to audio/ visual equipment, WiFi, storage, and receiving and disposal of materials. If this sounds like something you would be interested in, contact Lisa Pate at 800-767-3772 ext. 157 or lisapate@floridaroof.com. I want to wish everyone a safe and happy holiday. Surround yourself with things and people that make you happy. Be safe.

president@floridaroof.com

ICC Green Construction Code Hearings By Mark Zehnal, CPRC, FRSA Director of Technical Services The inevitability of change is a constant in the roofing world. It seems when changes are made, the masses move in the direction that is prescribed, much like cattle on a drive in the Old West. However, in the movies there always seems to be that rogue individual, the loner that sees a different path to follow. Following this path causes those charged with keeping the masses moving in the desired direction to have this nagging pain in their posterior. That’s how I feel sometimes about the movements described by “Green,” “Sustainable,” “Vegetative,” or whatever the buzzword of the day might happen to be. Don’t get me wrong, I believe we need to be good stewards of the Earth and the environment we live in. But living with all this change and redirection, through what feels like an unending labyrinth right out of a Disney movie or playing tag with the Cheshire cat (yikes!) is going nowhere fast. On October 1 and 2, I attended the International Code Council Green Construction Code hearings held at the Broward County Convention Center in Fort Lauderdale. The Green Code, from what I understand, is not enforceable, and that point was reaffirmed to me by the Building Officials I sat with in the audience. I find the voting process interesting in that a majority or two-thirds vote can be recognized by a show of hands. However, if the moderator feels the vote is too close to call there is an electronic voting method available. Each voting member receives a voting device, and when asked by the moderator, votes either yes or no on their device. Just so you know, the final vote on whether or not to change the code rests with the ICC Governmental Member Representatives – those who administer, formulate, or enforce the regulations and are charged with the public’s health, safety, and welfare. During the hearing I think there was a problem with all the technology that converged in the meeting room because there was some form of interference and they weren’t able to consistently collect the signals from the devices. So, they moved on to plan B, where the moderator would ask those who vote in favor of the code modification to stand and be physically counted, the same for those opposed. This totaled around a hundred voters. It just seems strange to me, that a hundred or so individuals and sometimes even a lot less, can impact all the jurisdictions and millions of people that use the ICC codes exclusively or as model for development. During the code hearing, I found that my thoughts about the Green Code seemed to be in line with the Building Officials from Texas, Alabama, North Carolina and several other areas of the country. Interestingly enough, though these same sentiments were shared with me by some big box store representatives, all the sustainability information was to be voluntary. Although the Green Construction Code is not currently part of the Florida Building Code collection, we need to keep an eye on the development of this volume.

The Florida Building Commission (FBC) has finally given a tentative date of June 30, 2015 for the next code version to become effective; so, I’ve been looking for any changes that will impact FRSA members. Well what a surprise, once again the roofers will need to swallow the alphabet energy soup stocked complete with R’s, U’s, SRI’s and packed full of Emissivity that most likelywill be creating indigestion and all forms of gas for the roofing contractors and building department employees all over the great State of Florida, again. So, I’m on a mission (even if I choose to accept it, or not) to identify the federal and state mandated arbitrary R value compliance differences between the 2010 Florida Energy Conservation Code and the 2014 Florida Building Code Fifth Edition Energy Conservation Code (FECC) that will impact the contractors’ ability to design a roofing system that would include insulation. Fond Memories Oh how we appreciate turning to that table in Chapter One of the FECC that conjured a real sense of confidence appearing as some semblance of a single source of information that lead to the proverbial pot of gold or at least a definitive direction. Table 101.4.1, Nonexempt Existing Buildings, was not moved into the FBC 5th Edition so those happy days will be gone when the 2014 5th Edition goes into effect. The table was removed from the 2012 ICC Energy Conservation Code version, which consequently was adopted by the FBC Energy TAC and the FBC. The frustration grows like Pinocchio’s nose with each code cycle. When reroofing, the forced elevation of the finished roof height due to the increased thickness of insulation to meet energy compliance creates an entirely new set of problems. When the R value increases were discussed were the issues of existing conditions even thought of, for example: ♦♦ equipment height ♦♦ perimeter blocking ♦♦ edge detail ♦♦ access door-to-roof threshold height ♦♦ interior roof drains ♦♦ wall scuppers and/or emergency overflow drains The removal of Table 101.4.1 is just one of the changes we are facing in the 2014 FECC for new construction of residential/commercial buildings and reroofing that could have used a little practical roofing experience thrown into the debate during the Energy TAC meeting. Looking to the Future During the October FRSA Board of Directors meeting in Sarasota, there was discussion about the possibility of requesting that an FRSA representative be appointed to the FBC Energy TAC by the FBC Chairman. The discussion took place during the Codes and Regulatory Compliance Committee meeting. During the meeting, I reminded the Continued on Page 22

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Cam Fentriss ◆ FRSA Legislative Counsel

The Battle Over Florida’s Lien Law In 1989, the lien law was the subject of enough debate and discussion that a sizeable study was done that resulted in the Mechanics’ Lien Law Study Commission Report presented to then Governor Bob Martinez, Senate President Bob Crawford, and House Speaker Tom Gustafson. The report (200 plus pages, including attachments) listed nine problem areas, some of which have been fixed but others still persist. Here is a summary of relevant problem areas and recommendations: ♦♦ Lien law is too complex and there is a lack of public education about the law and its requirements. Recommendations: Make the consumer notice more readable for laypersons and encourage building departments, lending institutions, real estate companies, and contractors to more actively distribute to property owners. ♦♦ Problems with failure to file the Notice of Commencement (NOC) resulting in improper payments and lack of information for subcontractors and suppliers; also, problems with duration of NOC at one An important year. Recommendations: point to guide our Suggested form for NOC thoughts: it may be and require that the NOC be filed before an inspection. best to think of adding the options Suggested that, in the absence of a filed NOC, permit of a bond or an documents may serve to proescrow arrangement vide information for subs and to the available lien suppliers for filing notices to law, rather than owner. Suggested that owner either alternative as be able to extend duration of a replacement to the NOC greater than one year and also be able to terminate lien law. it when work is complete ♦♦ Requirement that subs and suppliers serve a notice to owner even if the owner does not file the NOC. Recommendation: Take a few steps to try to encourage the filing of NOCs and allow for the permit documents to serve as information for subs and suppliers. ♦♦ Intimidation of subs and suppliers in an effort to stop them from filing a notice to owner. Recommendation: This type of behavior be made a licensure violation. Some of the recommendations were adopted, but nothing fixed the lien law, and it is doubtful anyone expected that or that anything actually will fix something so complex and counterintuitive.

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Although complaints about the lien law come up regularly, like in the 2014 legislative session, the lien law again faced a bigger than usual threat that will likely continue for at least another four years if some solution is not found. This is serious, and we should not assume that we can just fight hard to keep the lien law and win the war. We need to have a plan. It is in our best interests to understand and appreciate that the lien law is hard to defend because it is so counterintuitive for almost anyone outside of the construction industry. Why is that? Because it is very difficult to explain to a consumer that he or she may have to pay twice. How would any of us feel if we paid Maas Brothers for a Magnavox TV then received a bill from Magnavox because Maas Brothers did not pay them AND, because we chose not to pay Magnavox twice, the company filed a lien against our property. When we buy a TV, we do not promise to make good on the debts of the retailer, and I doubt any of us would ever agree to that. Yet the lien law requires property owners to do exactly that. We also need to understand and appreciate that the lien law benefits subcontractors and suppliers (and a few others), and it is our job to protect ourselves – not necessarily the lien law, but to protect ourselves. What does that mean? It means that the reason the lien law was created is because some contractors were not responsible with payments received from owners. That problem still exists today, even with the lien law, and it will likely continue to exist no matter what does or does not happen to the lien law in the next four years. Our goal is to make sure we get paid. So how can we focus on getting paid? I suggest taking a few steps. First, we need to explain the problem the lien law is intended to fix. I think most people can understand and appreciate that it is not fair for subcontractors to work for free. Second, we need to explore and study other options that may work just as well to ensure we get paid. There are currently two other options under discussion. One is allowing for the use of a payment/ performance bond, and the other is the use of an escrow arrangement with a third party holding and disseminating the payment to all involved in a construction project, including the prime contractor. The payment/performance bond is a perfectly good idea, but some contractors may not qualify (not a good credit risk), so it should be considered an option that may be of limited use. The escrow arrangement may be the most feasible as it should be available in every circumstance. What is the concept of the escrow arrangement? The general Continued on Page 22

Keep Your Home Show Exhibit Interesting Heidi J. Ellsworth: Executive VP of Marketing, EagleView Technologies Marketing through community events has been around for a very long time. There are some tried and true ways to working these events, but there are also some new ideas that just might make a difference for future lead generation. Getting in front of potential customers and sharing a story of integrity, accuracy and dependability is still paramount to gaining leads and winning jobs. But how does a contractor get the attention of home and business owners long enough to deliver that message? Some age-old marketing opportunities for contractors are home shows or commercial events such as fairs, open houses or community events. These activities offer contractors a chance to share their story of success with homeowners and business owners alike; gaining not only leads, but branding their business as an integral part of the community. The trick is to take this age-old opportunity and fine tune it with some new-age ideas. So in keeping with “if it works don’t change it,” there are some key truths when exhibiting that should always be followed: Oldies but Goodies ♦♦ Dress appropriately for your profession so you are approachable ♦♦ Do not talk on your phone or text in the booth ♦♦ No food or beverage within sight ♦♦ Do not load down attendees with literature. Give them one good piece that will entice them to engage with your business. ♦♦ Do not clutter the booth, make it welcoming. ♦♦ Smile (this never changes) and engage people walking by. Offer them something unique that may even bring them back to your booth. By holding on to the oldies but goodies contractors set a strong foundation for their booth and the personnel working there, but what can they do to differentiate themselves from all the other exhibitors at the event? Differentiate your booth ♦♦ Keep the booth simple, clean and easy to navigate. ♦♦ Provide open spaces. Customers want to feel welcomed into the booth and clutter will push them away. ♦♦ Be sure you have the right size to entice attendees to enter and stay. This includes making room for displays and technology such as monitors or laptops. ♦♦ Use one strong backdrop or graphic that speaks about your company. ♦♦ Vendor support – ask your distributor or manufacturer’s rep to bring samples and work the booth with you. ♦♦ Hand out fun promotional items with a call to action to create the lead.

Technology in the booth ♦♦ Bring technology into the booth i.e. laptop, printer, iPad. Display a looping video or PowerPoint that attendees can view before coming in (if there is a line, it keeps them engaged while waiting). ♦♦ Showcase online software tools in the booth to show homeowners how technology differentiates your business - Hint: EagleView It! ♦♦ Invite people to connect with your company on social media. Ask them to connect with you on Twitter or Facebook while in the booth and offer a free estimate or gift. ♦♦ Create promotions to gain email addresses and contact information such as a free property owner report or estimates that includes their permission to email them after the show. ♦♦ Promote community-minded initiatives. Projects like No Roof Left Behind are a great conversation starter in the booth. Follow-up, Follow-up and Follow-up Again ♦♦ Thank the customers who gave you their information when they came by the booth. ♦♦ Email a free estimate offer after the show and ask them to follow the company on social media. ♦♦ Make the emails fun, share seasonal ideas such as maintenance programs, Christmas lights or community events where you will be in the future. In the end, be involved, be different, and use technology and your roofing industry resources, such as distributors and manufacturers to make the experience fun for future customers and employees. Overall, it develops a great way to build leads and branding for your company.

www.floridaroof.com

Trent Cotney ◆ FRSA Legal Counsel

Differing Job Site Conditions (Pt I of III) It goes without saying that contractors face many uncertainties and risks regarding weather, equipment, labor, and site conditions, and all are part of the joys of contracting. Unknown site conditions constitute one of the greatest risks involved in contracting. When a condition that differs materially from those reasonably anticipated is encountered, it can determine whether a given project is a financial success or failure. This is the first part of a threepart article addressing differing site condition clauses in general and a peculiarity of Florida law concerning an owner’s duty to disclose information regarding site conditions. Part two of the article, to be published next month, discusses the two types of differing site conditions recognized by the courts, briefly explains the differences between the two, and explains what needs to be proven to recover additional time and money under each type of condition. Unforeseen site conditions can be man-made or naturally occurring. In either case, the result is the same. The contractor’s cost to complete the project will generally be higher as a result of the condition that was not anticipated at the time the bid was submitted. Most, but not all, construction contracts contain clauses commonly referred to as a “Differing Site Conditions Clause” and/or a “Changed Conditions Clause” that will allow the contractor to obtain additional compensation and time, if a differing site condition is encountered. Be aware, however, that there are public contracts in use in Florida that on their face do not allow for an equitable adjustment when a differing site condition is encountered. If the contract documents do not contain the typical clauses mentioned above, then the contractor’s ability to recover additional time and money may be in jeopardy (and ultimately determined by the creativity of the contractor and its lawyer). A contract that places the risk of differing site conditions on the contractor can still be profitable, but all of the bidders should be aware of the risks associated with the project. If a bidder is concerned that the owner intends to place the risk of unforeseen conditions on the contractor, then the issue should be raised with the owner for clarification prior to the bid, e.g. at the pre-bid conference. If the bid documents do not contain a differing site conditions clause, and/or changes clause, the owner should be asked whether the omission was intentional. In this manner, even if the absence of the clauses was intentional, at least all of the bidders will be alerted to the increased risk associated with the contract, and all will be on equal footing. It would be patently unfair for an owner 8

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to intentionally take advantage of the bid process by encouraging a bidder to submit a low price under the mistaken belief that the contract will allow an equitable adjustment if a differing site condition is encountered, while the other bidders included a risk contingency factor absent from the low bid. Bidders who fail to understand the significance of a differing site conditions clause, a changes clause, (or more precisely the significance if the clauses are absent from their contract) are at great risk, as the “successful” bidder may not be able to obtain an equitable adjustment if a differing site condition is encountered. Many owners do attempt to place some of the risk of unforeseen conditions on the contractor by including a provision in the bid documents stating that the bidder has investigated the site and is satisfied that the bidder has identified all conditions that may affect the performance of the work. A thorough discussion of the efficacy of such clauses is beyond the scope of this article, but suffice it to say that courts recognize that all conditions can not be identified prior to the bid. The duty of a bidder to conduct a site inspection does not obligate the contractor to discover hidden conditions or those that would not be discovered via a reasonable investigation which is appropriate to the time given. Under Federal contracting law, when a government owner has possession of information concerning conditions that is pertinent to the cost or feasibility of a construction project, the government has a duty to disclose that information to the bidders. In Florida, however, public owners do not necessarily have the duty to disclose all information regarding project conditions. See Hendry Corp. v. Metropolitan Dade Co., 648 So. 2d 140 (Fla. 3rd DCA 1994). Under the Hendry decision, the contractor was not able to recover an equitable adjustment to the contract price when the contractor discovered that the bridge pilings to be removed were wood, rather than concrete as anticipated. The contractor was denied additional compensation despite the fact that the owner had in its possession plans from when the original pilings were installed showing that the piles were wood. The contractor argued that the owner had misrepresented the true site conditions by failing to disclose all of the information to the bidders. There are additional facts unique to the Hendry case that help explain why the court denied any recovery, but the case can still be cited for the proposition that a public owner in Florida does not have the duty to disclose superior knowledge regarding site conditions as long as the owner has not misrepresented the conditions to be encountered.

Next month this article will discuss the two types of differing site conditions recognized by the courts, and the facts needed to recover additional compensation under each of the clause Author’s note: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. Trent Cotney represents the roofing industry as a Florida Bar Attorney certified in Construction Law, General Counsel, and a director of the Florida Roofing Sheet Metal and Air-Conditioning Contractors Association (FRSA), a director of the West Coast Roofing Contractors Association (WCRCA), and a member of the National Roofing Contractors Association (NRCA), Associated Builders and Contractors (ABC) and several other FRSA affiliates. For more information, contact the author at 813-579-3278 or go to www.trentcotney.com.

Membership Has Its Benefits Not a member of FRSA? Here are just a few of the items you’re missing out on: ♦♦

Roof Flash – an email newsletter (soon to be published twice monthly) containing the latest information from OSHA and other federal regulatory agencies, the IRS, NRCA, the Florida Building Commission, workers’ compensation, the Affordable Care Act, Department of Labor updates and much more. Members also receive first-hand news about FRSA events, programs and services.

♦♦

Consumer Search portal on FRSA’s website where consumers looking for contractors can search for members by company name, city or zip code.

♦♦ Members can add a custom profile and pictures to their consumer listing on FRSA’s website. ♦♦ Discounts on FRSA’s Florida Roofing & Sheet Metal Expo for exhibitors.

Have a YouTube or Twitter account? Follow us at: youtube.com/user/FloridaRoof -ortwitter.com/flroof -ortwitter.com/ROOFINGFLORIDA_

Don’t miss “Member Mondays,” “Safety Matters” Wednesdays, and “Throw Back Thursdays” on Facebook at www.facebook.com/flroof. ♦♦ Listing in FRSA’s Annual Membership Directory – a resource for members and a referral listing for others in the industry. ♦♦

Free electronic brochures you can customize with your company information to distribute to consumers, letting them know the importance of doing business with a licensed professional roofing contractor.

♦♦

As a member you have the opportunity to be involved on a number of committees that work on industry issues, programs and events and help shape the future of the industry in Florida.

♦♦ Up-to-date information on the Florida Building Codes and changes that affect your business. For more information, contact Maria Armas, FRSA Director of Member Services at (800) 767-3772 ext. 142 or maria@floridaroof.com. Start saving money and join today!

♦♦ Discounts to FRSA’s Annual Convention for registrations, social events, and educational seminars.

www.floridaroof.com

Christopher Homer, RFM Editor

Best Roofing: Giving Back to the South Florida Community

It is easy to go to your job and then go home. It is simple to make money and spend it. It takes a special kind of person, or group of people, to go that extra mile and show that they care. As a testament to those that go above and beyond punching a time clock, we want to showcase those who care about their community. Best Roofing, based out of Fort Lauderdale, is the epitome of a business that cares about the community it is in. Not only do they donate their money to great causes, they also allocate resources and ideas to create new projects as well. One of their wildly Best Roofing’s Annual Trunk or Treat gives successful projchildren a safe trick or treating environment. ects is called Trunk or Treat. This event, hosted around Halloween time, was created to foster a safe trick or treating environment in Broward County. Participants reserve a space in Best Roofing’s parking lot, and decorate their trunk for the trick or treating children. Admission is only $5, or five cans of food per child, and in this past year, only the second year of this event, Best Roofing raised over $5,000 in sponsorships and collected over 500 pounds of food, benefitting The Pantry of Broward. In their first year, Best Roofing gave away 250 pumpkins for children to decorate and raised almost $10,000 in cash for The Pantry of Broward. Best Roofing’s philanthropic philosophy does not end there. The company has partnered up with six other service providers in order to form “The Stress Relievers.” These businesses include Best Roofing, as well as: Elcon Electric, Douglas Orr Plumbing, Driveway Maintenance, Glazer &

Associates, PA, Scarr Insurance, and Service Master Restore. The purpose of The Stress Relievers is to create fun events while simultaneously improving the quality of life for their community by supporting local grass-root charities. Their main event is a monthly happy hour titled the “Stress Relief Happy Hour,” in which the Stress Relievers bring items to donate to a charity of their choosing. In the past, The Stress Relievers have delivered over 400 boxes of Valentine’s Day candy to nursing homes, raised over 800 pounds of food for The Pantry of Broward, as well as provided over 100 backpacks and school supplies for homeless children through the organization of HOPE South Florida. Best Roofing has also just started an entirely new project, with their mascot leading the charge. As a form of stress relief, and overall fun, Best Roofing has adopted a Boxer named Jake as their mascot and Director of Stress Reduction. His Instagram feed is filled with pictures and videos of him running in the office, snoozing, and trying to get treats. As the spearhead of Best Roofing’s new philanthropic project, his face graces the side of their renovated school bus. Jake’s Paws for a Cause shares the Director of Stress Reduction’s name and does many great things for the South Florida Community. The bus provides transportation for local nonprofits that need it, as well as providing the homeless with transportation to get food provided through HOPE South Florida. Also, The Pantry of Broward utilizes the bus by taking the elderly to medical appointments, and loaning out their bus to other organizations so that they can take children to museums, for example, as well as other places. Through their multiple philanthropic efforts, Best Roofing has become an asset to the people of the South

Jake, the Director of Stress Reduction, brightens the office up with a colorful wig. 10

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Florida Area. They have worked with many charities including Big Brothers Big Sisters, The Boys and Girls Club, and the PACE Center for Girls to name more. They have come up with their own projects that have contributed to the wellbeing of many, as well as entertained us with their mascot, Jake. Hopefully these amazing acts convince more to pitch in on their own communities. I had a chance to speak with Kathleen Lowe, the

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Best Roofing’s CEO, Gregg Wallick, stands ready with the Jake’s Paws for a Cause bus. Vice President of Marketing and Development at Best Roofing and she had many great things to say about Best Roofing’s efforts. Kathleen stated that, “Best Roofing’s Community Relations goal is: ‘To support and play an active, positive role in communities where we live and work.’ It also feels good to work for a company that cares. As a small business, our employees are from the same communities, so many of these local causes are close to their hearts. This makes giving back to the community a strong team-building and morale-boosting experience for everyone involved. And it’s not just our employees who benefit when we give back to the community.” Kathleen goes on to say that, “Our customers appreciate it too, and many have even made buying decisions based on our involvement in the community. Our CEO, Gregg Wallick has always been philanthropic and over the past two years we’ve really defined our role in the community and created a more formalized structure, called ‘Best Cares’ as guiding principles to our contribution criteria. We believe one of our most important responsibilities is supporting the communities Best Roofing serves. We focus on partnering with community organizations who champion education, human and animal health, and civic and social services.” Best Roofing strives hard to help everyone. They communicate through multiple channels in order to spread their word; every month they post to their Facebook page, their blog, and send out an email letting everyone know what they are up to that month. This December, they are collecting toys for The Pantry of Broward. If you can think of a business or person who does amazing work, feel free to contact me at christopher@floridaroof.com.

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BUR is Built to Last Heidi Wollert, Bituminous Product Manager, Johns Manville Roofing Systems While roofing technology has come a long way in the past 150 years, manufacturers have yet to develop the perfect roof for every building. That’s where the roofing contractor comes in. It is often his or her task to specify the ideal roof for the property owner in question. If the customer is looking for proven, long-term performance and peace-of-mind, many roofing professionals continue to rely on built-up roofing (BUR). The advantages of a built-up roof—including long life, a variety of maintenance options, and outstanding puncture resistance—are well known to roofing contractors in Florida. However, the true benefit of a roof’s durability means property owners will have one less thing to worry about. They can spend their time productively running their businesses or operations, instead of repair- The property owner of this building opted for a BUR/modified ing leaking roofs. bitumen hybrid system with reflective white coating. Roofing contractors are also intimately “I’m just now replacing BURs for clients I worked familiar with the impact of a roof leak: a disrupwith 30 years ago,” says Mock. “We recently replaced (a tion in business or building operations, lost productivity, BUR) specified in the early 1980s. And the only reason slips and falls, and other liabilities. was because some of the tectum deck panels had fallen Kevin Callans, President of Crowther Roofing out of the assembly. Meanwhile, the roof was still perand Sheet Metal of Florida, Inc. in Fort Myers, FL. stated, forming well after 30 years.” “Built-up roofs and their redundant layers of installation According to the Quality Commercial Asphalt make them must more sustainable to the harsh weather Roofing Council of the Asphalt Roofing Manufacturers conditions in South Florida. Given their proven track reAssociation (ARMA), one of the main drivers of the decord and the increasing frequency of lawsuits for alleged mand for BUR systems is the desire of building owners for defective work, built-up roofs provide not only the rooflong roof system life cycles. ing contractor, but the general contractor and developer, “A solid core of building owners and roofing a significant advantage over other types of roof systems. professionals continue to advocate hot-applied asphalt The costs of defending these types of cases outweigh the systems because of their long lives,” says Reed Hitchcock, cost of a lesser roof system. As a result, traditional builtExecutive Director of ARMA. up roofing should be more sought after by both roofing Over the years, BUR has earned a reputation for contractors and building owners than ever before.” reliability with building owners, roofing consultants, ar Recommending that clients install a roof system chitects, engineers, and commercial roofing contractors. that gives them the best chance of eliminating unproducThe original cost of a BUR system may be greater than tive distractions is a good business decision for roofing other low-slope roofing options, but when taking the long contractors. A more durable roof will enable property view, BUR often comes out a winner. BUR enjoys a track owners to focus on making profits instead of dealing with record that is more than 150 years old, provides a thick, the aftermath of a roof leak. durable roof covering and can be used in a broad range of Simply put, a BUR can offer clients peace-of-mind building waterproofing applications. that their operations have the best protection possible. “I have no problem with endorsing built-up The primary benefits of BUR include: ♦♦ Proven track record of performance roofing,” says Luther Mock RRC, FRCI and founder of ♦♦ Broad range of application methods Foursquare Solutions Inc. “The redundancy created by ♦♦ Available as part of a fire-, wind-, and/or hail-rated multiple plies of roofing felt is really what sets BUR apart.” roofing system One can argue that BUR’s closest cousin—modi♦ ♦ Wide choice of top surfacing, including “Cool Roofing” fied bitumen—is actually a built-up roof made on a options manufacturing line. The reality is that the plies of a BUR ♦ ♦ With insulation, provides an even better-performing create a redundancy that can exceed any potential overbuilding component sights in rooftop workmanship. 12

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This built-up roof (BUR) is both attractive and reflective. BUR also features a proven track record of performance unmatched by other low-slope roofing systems.

assembled using multiple plies of reinforcement applied with a liquid adhesive instead of hot asphalt. These cold adhesives are applied between reinforced base/ply sheets to provide a weatherproof membrane. In BUR cold process roof systems, manufacturers typically require that only fully coated, non-porous felts (such as standard base sheets) are used as base and ply sheets. Generally, an aggregate surfacing, or a coating, is then applied over the completed membrane to provide protection and a fire rating for the roof system. “In the reroofing market, we’re definitely seeing more cold applied systems being specified, particularly with modified bitumen,” says Mock. “It’s a natural alternative when a building may be occupied during the reroofing process.” Adhesives can either be manually applied with a squeegee, brush, or spray application equipment; when numerous roof penetrations or rooftop access become issues, the manual application of adhesives is usually the best option. Proper coverage rates are vital to a successful, long-term, cold-applied roof system. Both spray and manual application methods require that the proper amount of adhesive material be installed. If too little adhesive is applied, there is a potential for an improper bond to be formed. If too much is applied, then the potential for longer set-up times and membrane displacement is increased. “I’m comfortable specifying BUR, because I’m confident that I will have a seasoned contractor on the

♦♦ Superior waterproofing characteristics ♦♦ High tensile-strength ♦♦ Competitive life-cycle cost ♦♦ Long-term warranties are available with many BUR systems Components in the BUR system consist of a roof deck, vapor retarder, insulation, membrane, flashings, and surfacing material. The roofing membrane is made up of two components — bitumen and felts. Bitumen is the waterproofing agent and adhesive for the system. The felts strengthen and stabilize the bitumen. The roofing membrane is protected from the elements by a surfacing layer — either a cap sheet, gravel embedded in bitumen, or a coating material. A common surface for a BUR system in Florida and the Sunbelt states, is a fiberglass, mineral-surfaced cap sheet. It offers a number of advantages. It has a white granular surface, is cost effective, produces less weight on the structural deck, and is relatively maintenance free. Surfacings can also enhance the roofing system’s fire performance rating. Another surfacing option is gravel, commonly used in most areas of the country where availability and the additional weight on the roof system would not be a problem. There are also a number of smooth surface coating options. The most popular of these are aluminum or clay emulsion products that offer greater reflectivity than a smooth, black, non-gravel surfaced roof. John Santoro, President of Allied Roofing, Inc. in An aerial view of a reflective roof membrane ideal for Tampa, Florida states, “With decades of successful per- Florida’s climate. formance, multi-ply built-up roofing systems have proven job,” says Mock. “The commitment in terms of skilled themselves to be a long term roofing solution. The su- labor and equipment is simply too great for these contracperior waterproofing characteristics of asphalt and the tors to be first-timers.” redundancy of application provide a watertight and dura- Flashings are another critical component of every ble roofing system capable of withstanding the elements.” roofing system. Today’s four-ply BURs use modified bitumen flashings almost exclusively. These membranes are Cold process BUR predominately SBS modified and offer greater elongation Cold application of BUR has provided an alternative to tra- where it counts most—at the interface of the roof system ditional hot-applied systems for more than 30 years. The with other building components. term “cold-applied” means that the BUR roofing system is Continued on next page

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Use of a modified bitumen base ply is one way of handling general flashing requirements, although modified cap sheets are more common. Roofing manufacturers have also developed liquid-applied flashing systems that offer a number of benefits. First, they are typically included in manufacturers’ guarantees. For property owners, this means fewer guarantee exclusions and less maintenance, with an increased return on investment due to lower life-cycle costs. Liquid-applied flashings also offer aesthetic benefits by matching the finish of surrounding roof areas. Fluid-applied flashings are especially welcome when roofing contractors are faced with irregular roof penetrations. One roof system manufacturer uses a flexible, strong and puncture resistant polyester scrim as the

“Asphalt roofing systems have the potential for a very long life, and preventive maintenance is the key to realizing that potential,” says ARMA’s Hitchcock. The goal is for problem areas to be detected and fixed before they develop into leaks. Inspections can reveal potentially troublesome situations, such as a loss of gravel surfacing, which could lead to felt erosion or brittleness. Less commonly, punctures and cuts to the membrane can occur, so it is wise to remove sharp objects and debris from the roof. Clogged drains or poorly sealed flashings also present problems that are repaired easily. The effects of chemical exhausts on roofing materials should also be monitored. These and other preventive maintenance actions can help catch problems before they damage larger areas of the roof system. Inspections should be performed not only on aging roofs but also on new roofs to guard against errors in installation, design or specifications. BUR has proven to be a lowmaintenance roofing system, and can also be effectively repaired when needed. This means property owners can usually get more life out of a BUR. The ability to enhance the performance of existing BUR membranes with coatings, modified bitumen cap sheets, or flood coats of asphalt explain the long service lives of these systems in demanding applications in Florida and elsewhere when properly cared for. These BUR maintenance and repair solutions are typically more involved than peel-and-stick patching on some single-ply systems. However, like BUR, these repair options have been proven to work well over time. The owner of this shopping mall chose BUR primarily due to its redundancy. Multiple plies of roofing can provide extra insurance against Non-gravel BUR surfacing options include aggregate, mineral surface cap sheet water intrusion. reinforcement for its flashing system. or a smooth, surface-coated membrane. After many years The scrim is sandwiched between layers of of exposure to the intense Florida sun, all of these sursolvent-free elastomeric, cold applied adhesive. The two- facing materials may need some attention due to possible component product consists of an asphalt base material aging and weathering of the BUR surface. that is chemically cured with an “activator.” Reinforced The loss of protective surfacing or coating from with the polyester scrim, the resulting system forms a weathering may give the BUR a cracked appearance that durable elastomeric seal, which bonds strongly with a va- roofing professionals refer to as “alligatoring.” Moderate riety of substrates and feature low permeability. alligator cracking can be treated by cleaning the surface of the roof, applying a primer, and resurfacing with an asBUR Repair and Maintenance phalt emulsion. To some extent, the life expectancy of a BUR system de- Bare spots resulting from wind scour or water pends on the commitment to routine maintenance on the erosion require the removal of dirt and loose aggregate. part of the property owner. All roof systems can benefit These areas can then be primed and recoated before new from an owner commitment to a proactive management aggregate is re-imbedded into the surface. plan. BUR installed over an insulation package lends itself Splits or tears in aging BURs can also be readily well to non-destructive testing (infrared) as a means to treated. Any poorly attached elements of the BUR can be maximize service life. re-secured with fasteners into the deck. The fasteners and splits can then be stripped in with a modified bitumen membrane.

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On older BUR designs using pitch pockets, the fill material had a tendency to shrink over time. In this case, an elastomeric sealant (not bitumen or roof cement) can restore pitch pocket seals and slope. “Property owners rarely have to replace a four-ply BUR until it is absolutely, positively worn out,” says one roofing contractor who asked to remain anonymous. “Based on experience, these asphalt-based systems ‘hang in there’ longer than less robust roof options.” So, why is built-up roofing still a good choice in Florida’s low-slope roofing market? The simple answer is because the system is built to last. Its track record of performance is difficult to surpass, and BUR often continues working long after its warranty has expired. Non-gravel BUR surfacing options include aggregate, mineral surface cap sheet or a smooth, surface-coated membrane. After many years of exposure to the elements, all of these surfacing materials may need some attention due to possible aging and weathering of the BUR surface. Ridging on aging BUR membranes can form due to internal moisture collecting at the insulation joints or insulation movement or curling. However, internal moisture problems are less common in Florida’s climactic conditions. Nevertheless, if the top of these ridges lose their surfacing, they can be cleaned and recoated with a roof coating or mastic and aggregate to prevent further roof deterioration. Crazing, punctures, building movement, damage to base flashings, and anything that “turns vertical” on a BUR is going to be exposed to weathering. But all of these issues can be addressed through proper maintenance. Before the advent of modified bitumen flashings, metal-edge gravel stops, and edging for BUR generally consisted of a double layer of felt stripped in after the finish coat of bitumen and surfacing or cap sheet was applied. After years of thermal or wind-induced stresses, splits can form at the joint between the metal edging and the stripping felts. Today, these areas can be repaired with modified bitumen flashing material to add strength and flexibility to the edge metal detail. Missing or badly deteriorated metal cap flashings can also be replaced. Loose metal sections can be re-fastened and then resealed at the reglet or top of the counter flashing with a construction grade sealant. In general, this is only an option for reglet- or surface-mounted flashings. All too often, using this sealant repair option on throughwall flashings makes a bad problem worse. Expansion joint problems are generally associated with failures at the joint connection and deterioration of rubber bellows due to weathering. Deteriorated bellows should be replaced, while loose metal cap expansion joints can be re-secured, along with the use of an elastomeric sealant at joints for added flexibility. 16

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Photos courtesy of Johns Manville, Denver, CO

Heidi Wollert is the Bituminous Product Manager for Johns Manville Roofing Systems in Denver, CO. www.jm.com For more information email Heidi.Wollert@jm.com

Say â&#x20AC;&#x153;Helloâ&#x20AC;? to our Newest Hires! Christopher Homer

Glenda Laveck

Educational Foundation Director Glenda comes to us with more than 20 years of experience in the non-profit industry with a specialty in management and administration positions. Most recently she was the Executive Director of Horse Tales Literacy Project, Inc., a project that encouraged literacy in elementary-aged children by helping them discover the joys of reading and wonders of learning through the books written by Walter Farley and personal horse interactions. Before making Florida her home six years ago, Glenda was granted federal and state funding to implement and direct two federal initiatives; the Business Leadership Network and High School High Tech in Colorado, her home state, and in New Mexico. The mission was to significantly increase the educational and employment opportunities for people with disabilities. Earlier in her career, she was employed in the public school system as a Special Educator. She has been a presenter, instructor, and keynote speaker at numerous national and regional conferences and workshops. She has been an inexhaustible volunteer, professionally and civically, in her community. In her spare time, she enjoys outdoor activities and a variety of sports, gardening, cooking, and writing, and her adventurous family. She is tremendously delighted to be a part of the FRSA family! If you need to speak with Glenda, she can be reached at glenda@floridaroof.com.

Editor of ROOFING FLORIDA Magazine Christopher is one of the newest, and youngest, additions to the FRSA team. He comes fresh out of FSU with a Bachelor of Arts Degree in Creative Writing and History. As well as being a published writer, he is also an accomplished photographer. Christopher was originally born and raised in Boston, but when his father retired from the Carpenters Union, they made their way to a warmer climate. After roaming and growing in the Kissimmee/ Orlando area, he made his way up to Tallahassee to obtain his college degree. While at FSU, Christopher worked with a couple of startups, specializing in photography, copy writing, and SEO (Search Engine Optimization). He was a driving force behind the utilization of Social Media Marketing for a couple of Tallahassee based agencies. Now that Christopher has graduated, he is ready to assume the role of Editor for ROOFING FLORIDA Magazine. He is extremely excited about the possibilities that this presents to him and he looks forward to becoming a great asset to FRSA and this publication. He can be contacted at christopher@floridaroof.com.

Welcome New Members! Arielle Doyle Jasper Contractors Evansville, IN

Sunlast Metal Terrance Kapron Palm City, FL

Cynthia Levy All-Star Roofing & Repair Inc Riverview, FL

Jessica Spangler Spangler Roofing St Petersburg, FL

Karen Kowalski The Estimating Edge Boynton Beach, FL

Gloria Garcia MFS Roofing Inc. Miami, FL

Tom Parker TC Parker and Associates Midland, MI

Rebecca Scott Oviedo Roofing.com Minneola, FL

Eric Velliquette Lakeside Construction Fastener Paragould, AR

Antonio Perez ADP Payroll Services Satellite Beach, FL

Keith Bellinger Gizmo Builders Loxahatchee, FL

Jim Friedrichs Hernando County Bldg. Div. Brooksville, FL

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Social Media for Commercial Roofing Contractors Karen Edwards, Marketing Director, EagleView Technologies Commercial roofing sales have always been about relationships. For commercial roofing companies focused on long-term, negotiated private work, the relationships and friendships with building owners and property management professionals define their business. For bidding public work, it is critical to understand the entities involved and especially key decision makers. In the past, your relationship’s power has always been determined by who you know and the number of local networking events the company sales force could attend. As times have changed due to technology, the recession and overall competition, commercial contractors are traveling farther while focusing on diversifying their businesses. The need for social media exposure for 21st century networking is obvious. Commercial roofing contractors are working with building owners, facility managers and property and maintenance directors to name a few. The networking, marketing and sales process is different than it is for residentially focused roofing companies. Facebook, Instagram and Pinterest may be stronger residential plays whereas LinkedIn is definitely business to business (B2B) focused. Additionally, there are social media outlets that can cross both markets such as Twitter and Google+. This article focuses on the B2B aspect of gaining commercial roofing customers by leveraging social media. Since getting in front of property management professionals usually involves enterprise sales tactics, including high levels of networking and research, let’s start with one of the best social media tools for this type of marketing: LinkedIn. Contractors are using LinkedIn every day. One of the greatest assets for LinkedIn is the networking. The ability to look up companies and determine company positions, titles and reporting structure allows sales people to use their time effectively in positioning meetings and build relationships with the right decision makers. As a research tool, LinkedIn is leading the way for B2B sales. In order to optimize this tool for sales representatives, you need to take the time to develop a strong company page on LinkedIn. This page tells the story of what your company can offer and what differentiates your company from others. More importantly, it should entice the prospective customer to take action. Some of these actions include following the company, viewing blog posts, visiting the company website or sending a message for 18

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more information. All of these can create the opportunity for your company to not only promote your value proposition, but to create ongoing content that establishes the company and employees as industry experts. Use it as a tool to promote trust and interest with consistent, relative information. One of the best ways to determine the content for the page and ongoing updates is to look at what contractors are doing across the country. By following leading companies, it is easy to begin selecting content and gathering ideas for what is important to your brand. This is not about copying but about seeing the bigger picture and determining what works. Take the time to look at companies from all parts of the country and see what they are posting, who is following them and review their overall page content. The results will be clear in that many contractors do not have a page and those that do, have a page with minimal content. Unfortunately, a large number of contractors do not post updates at all thus losing a key advantage over their competition. The question may be, “What do I post and why would anyone care?” Perspective customers will check out your website, but that is usually static. What they will be very interested in is the content on your LinkedIn page. They are driven here because they will be able to find referrals, comments, likes and connections to your employees. In a cyber-format, the prospect can begin building that relationship with your company. That is why content is so important. Prospects want to see the type of work that your company is doing: case studies, testimonials or referrals. Content and work will paint a picture of what you will be able to deliver. It is also an opportunity to connect your company with suppliers and manufacturers who will again validate the quality and expertise of your company. Manufacturers, distributors, and technology providers are continually updating content and posting articles and information that you can share to help educate your current customers and prospective customers. Think about sharing new technologies that will create interest for your building owners. A great example is the ability to talk about aerial imagery and how that can help with property review and management. Commercial roofing involves a high degree of engineering and professionalism that can be shared via educational articles. Interesting content creates important questions that, when asked by your customers, naturally leads them to your company. By providing posts that initiate questions about systems, technology, and services that your company is providing or using, it begins to paint the picture your sales representatives need to close deals. There are additional important uses for LinkedIn that include recruiting, marketing, announcements and employees. Currently, the most common use for LinkedIn

in roofing seems to be recruitment. Every day, there are roofing companies posting job openings and reviewing LinkedIn for potential new employees. The benefit of this type of recruitment is that applicants usually bring some degree of technological understanding that is crucial to strong commercial roofing companies. The ability to understand how to use technology for sales, engineering, and customer relations is a must-have skill for the future. Companies are also posting announcements, awards, and community involvement; not to mention, employee accomplishments including work day anniversaries, accomplishments, and awards. These types of content updates paint a strong picture of a vital, well-connected company with long-term employees and customer retention. Community involvement opens other opportunities that increase networking potential as community members follow the company’s social media. A key for success with LinkedIn, or any social media, that needs to be embraced is blogging. In talking to a leading national commercial roofing organization, National Roofing Partners (NRP), they recently realized the importance of digital marketing and have actively been promoting business for their 120 member contractors across the country. “In working with our local community, we realized how important content is for our organization and all of our members,” stated Dale Tyler, president of NRP. “With leading commercial roofing companies across the country working with our joint NRP customers we wanted our social media to be strong, relevant, and informative.” NRP developed a blog (http://nationalroofingpartners.com/blog/) through a local digital marketing group whose sole purpose is to create content that will drive customers and prospective customers to NRP members’ website and social media pages. “We are finding that our audience is young professionals working in procurement,” continued Tyler. “Most of the time, they are female, so we needed to understand how to communicate in a way that would gain their attention.” The blog posts have been informative and fun. These posts are giving all NRP members a chance to share on their own social media, driving prospects to the overall NRP website and social media pages along with the 120 contractors’ websites and social medial pages for local business. Interestingly, Tyler found that it was just not LinkedIn that was creating opportunity, but also Twitter. “As I mentioned, we have been doing research on who our audience or decision makers are. We are finding the demographic for procurement is young (late 20s), tech savvy and female. We are developing our content to tell a story about why NRP is important for their organizations. We post updates to Twitter four times a week along with email every week and LinkedIn and Facebook updates weekly. The combination of the blog, email and social media has made a difference,” continued Tyler. “For example, just recently we had a 27-year-old woman in procurement for a worldwide Swedish-based electronics

corporation contact us for roofing. We found out she was located in Dallas but she found us on Twitter.” This new generation of professionals is taking their place in business and they are bringing with them the use of social media not just for social use, but for research as well. Commercial contractors need to take the time to get on LinkedIn, Twitter and Google+ to determine what works for their company. As mentioned earlier, this is the place to expose your brand and company differentiation in a way that will bring in prospects. As with LinkedIn, review Twitter pages and posts from contractors across the country. See what they are doing with Google+. Being active on social media will bring positive results by not only educating customers, but through building the strong online relationships needed to be successful in the commercial market.

Leveraging Social Media: LinkedIn and Twitter ♦♦ Networking: One has the ability to look up companies, and determine company positions, titles, and reporting structure, which allows sales people to use their time effectively in positioning meetings and build relationships with the right decision makers. ♦♦ Recruitment: Everyday, roofing companies post new job openings and review LinkedIn for potential new employees. The benefit of doing this is that one must be technically savvy in order to create an astounding LinkedIn profile. The ability to understand how to use technology for sales, engineering, and customer relations is a must-have skill for the future. ♦♦ Communication: Twitter is a valuable tool when it comes to effortless communication with you and your customers. Twitter allows a simple, and streamlined, format where you can post everything from pictures to videos, to links to your website. Use your Twitter account in conjunction with your website, and drive potential customers to it. ♦♦ Showing your Brands Personality: This is an often understated use of social media, but comes in to play when people are looking for a prospective employer. If you do philanthropic events, then post about them. Use it to your advantage. Someone is more inclined to hire a contractor that does fantastic work and also strives to make their community a better place.

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Workers’ Comp Works for You Reporting your Workers’ Compensation Claim Vanessa Palacio, FRSA-SIF Claims Manager Employers often ask how long they have to report an injury to the carrier. The best answer is ASAP! The second best answer is within seven (7) days of the date one has knowledge of an accident, injury, or death per Florida Statute 440.185 (2) which states: “Within 7 days after actual knowledge of injury or death, the employer shall report such injury or death to its carrier, in a format prescribed by the department, and shall provide a copy of such report to the employee or the employee’s estate….” There are some exceptions to this Statute located in Rule 69L-3.004, but basically, you want to have any claim reported within seven (7) days from the employer’s date of knowledge of an injury or death. Death claims should be reported within 24-hours. If you are insured through FRSA Self Insurers Fund, Inc., you can report claims via phone, fax, or by emailing a completed notice of injury. The contact information is:

have questions as to whether or not a claim should be reported, please feel free to contact us and we will walk you through the process. Workers’ Comp Rates Decreasing for 2015 Secretary-Treasurer Charlie Kennedy represented FRSA in October to testify at the Workers’ Comp Rate Hearing before the Office of Insurance Regulation (OIR). Once again, FRSA was the only trade association present to testify. The National Council on Compensation Insurance (NCCI) requested an overall workers’ compensation rate decrease of 3.3 percent. On November 5, the OIR issued an order denying the 3.3 percent decrease and requesting that NCCI make an amended filing for an overall workers’ comp rate level decrease of 5.2 percent effective January 1, 2015. If you have your workers’ comp insurance through the FRSA-SIF your rate will change in January. If your workers’ comp policy is with another provider, you’ll receive the new rate upon renewal. When new rates are available, we’ll forward them.

New Workers’ Comp Rates for January 1 Renewals In October, FRSA Secretary-Treasurer Charlie Kennedy, FRSA Legislative Counsel Cam Fentriss and staff attended the annual workers’ comp rate hearings for the State Toll Free: 1(844) 677-3772 as we do each year. Kennedy testified on behalf of the Phone: (407) 671-3772 ext. 200 Association and its members, encouraging the Office of Fax: (407) 671-2520 Insurance to consider continued efforts on cheating and Email: mail@frsasif.com (a completed Notice of fraud within the system and the insolvencies of PEO’s. Injury is necessary) FRSA was again the only trade association at the hearings, fighting for its members. What happens if you as the employer do not time- Workers’ comp rates change for those who have a ly report a claim? You can be fined directly by the State January 1 renewal, including those members who belong per Florida Statute 440.185 (9): to the FRSA-SIF. If your insurance policy renews at a later date, you’ll continue your current rates until renewal. “Any employer or carrier who fails or Code/Classification 2014 Rate 2015 Rate refuses to timely send any form, report, 3069- Sheet Metal Shop 6.79 6.79 or notice required by this section shall 5403- Carpentry NOC 11.96 10.54 be subject to an administrative fine by the department not to exceed $500 for 5347- Carpentry Interior 8.23 8.44 each such failure or refusal. However, 5537- A/C Service, Install, Repair 7.86 7.23 any employer who fails to notify the car5474- Painting 11.04 11.05 rier of an injury on the prescribed form or by letter within the 7 days required in 5551- Roofing 18.62 17.46 subsection (2) shall be liable for the ad5535- Sheet Metal Installation 10.44 9.45 ministrative fine, which shall be paid by 5606- Executive Supervisor 1.99 1.86 the employer and not the carrier…” The best course of action is to report your claim as soon as you have knowledge of it. This allows the carrier to start investigating the claim immediately while memories are still fresh, witnesses are still available, and job sites have not been altered or spoiled. If you 20

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8742- Sales Estimator

0.52

0.49

8810- Clerical

0.26

0.25

8227- Contractor Permanent Yard

8.47

7.83

5645- Carpentry Residential

16.31

15.91

9519- A/C Portable Units

4.67

5.13

5190- Electrical Wiring

6.09

5.92

5183- Plumbing

5.67

5.46

ICC Green Construction Code Hearings

Continued from Page 5 committee members that in most cases, a roof has one of the largest per square foot insulated areas in buildings that would be removed and replaced several times during the life cycle of the building. Now that’s pretty significant and I’m happy to say that during the meeting it was decided that it would be in the best interest of FRSA to lobby for a voice on the FBC Energy TAC. After the discussion the Codes and Regulatory Compliance Committee, Chairman Tim Graboski was nominated to be the FRSA representative for the FBC Energy TAC. So in conclusion, with FRSA working towards representation at the energy code development level, I’m hopeful for improvement where science and practical application work together finding solutions. I’m hoping that from this, contractors will have a clear, logical path when designing and/or estimating a roofing project.

The Battle Over Florida’s Lien Laws

Continued from Page 6 idea is that the property owner pays money to an “escrow agent” who holds the money until certain criteria are met and it is okay to directly pay the contractor, subcontractor, supplier, or other appropriate person or entity. The “escrow agent” needs to be a person or company subject to fiduciary rules for handling other people’s monies. The “escrow agent” would be paid a fee for this service, and that fee should be comparable to the cost of complying with the lien law or purchasing a bond. An important point to guide our thoughts: it may be best to think of adding the options of a bond or an escrow arrangement to the available lien law, rather than either alternative as a replacement to the lien law. For one, it would allow anyone interested to continue the status quo but it would also provide an alternative for those less comfortable with the complicated lien law. Options would allow the market to decide what works best while protecting subcontractors and suppliers – that would likely be a much better approach than one method mandated by the government. The lien law will not disappear tomorrow, but today is the right time to start thinking about and developing alternatives and options so we can be in a position to negotiate, rather than just fight to keep the unpopular lien law. This subject will continue to be discussed, mostly in Tallahassee, in the coming months, and I welcome any thoughts and questions you have – please contact me at afentriss@aol.com. Anna Cam Fentriss is an attorney licensed in Florida since 1988 representing clients with legislative and state agency interests. Cam has represented FRSA since 1993, is an Honorary Member of FRSA, recipient of the FRSA President’s Award in 2002 and received the Campanella Award in 2010. She is a member of the Florida Building Commission Special Occupancy Technical Advisory Committee, President of Building A Safer Florida Inc. and past Construction Coalition Chair (1995-1997).

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