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www.constructionnews.net ! (210) 308-5800 ! Volume 11 ! Number 2 ! FEBRUARY 2013

San AntonioDallas/Fort WorthAustin Houston South Texas

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Covering the Industry’s News

The new North American Masonry and Stucco Supply store in McKin-ney is open for business, and will

celebrate its ceremonial grand opening with a week-long event that begins Feb. 18. The new store on Throckmorton Street in McKinney, which is owned by parent company Unified Materials Group, promises to be a “neat experi-ence” for construction professionals in need of masonry supplies, owner Steve Tucker said. The store’s official grand opening comes on the heels of the 15th anniver-sary of the company that now bears the Unified Materials name.

“We’re really excited about it,” said Tucker. “We were able to purchase a 30-acre tract of land in McKinney’s historic district. It’s going to be quite high tech.” The store will boast a large show-room, and the driveway up to the store will have a “toll tag” type system. “We’ll tell them to drive up or go park depending on their account status,” Tucker said. “And, it will be a 20-minute load time or less. Our goal is to get these guys back to their job sites as quickly as possible.” The showroom’s regular inventory will include concrete products, counter-top supplies, masonry tools and various

The team at North American Masonry and Stucco Supply stands in front of a pair of new trucks that will allow the company to deliver materials to the construction site.

You’ve heard stories about making what seems impossible come to fruition in a short timeframe. How

about turning a church into a charter school in less than three months? That’s what McCune Construction recently did when it converted two build-ings purchased from the local Catholic Diocese into 28,000 sf. of space that is now being used by Trinity Basin Prepara-tory’s Fort Worth Campus. The project cost was $1.4 million and was completed just in time for the 2012 school year to start. “Most of the interior walls were com-pletely demolished,” said McCune Con-struction owner Bobby McCune, who also served as project manager. “The new walls were then constructed and prepared to house 18 classrooms, with two multipurpose rooms and cafeterias, a library and a computer classroom for students pre-K through second grade.

“One building also holds principal offices and admin offices for school per-sonnel.” Both buildings received new fire alarm and fire sprinkler systems, and the new classrooms were constructed to be larger than your average classroom, Mc-Cune noted. Project superintendent was Bob Grumbling, and architect was David McCord Architects. Completing asbestos abatement in a short time frame proved a difficult ob-stacle, but was not insurmountable, Mc-Cune recalled. “One of the major challenges we had to go through was asbestos abatement of one of the buildings,” he said. “This set us back about four weeks, but we were determined to finish so that students could move in.

The new Trinity Basin Preparatory includes a colorful playground well-suitedfor students in grades pre-K through third.

Celebrating the 35th anniversary of Humphrey & Associates has defi-nitely been a family affair, with the

definition of “family” expanding to in-clude not only one generation of em-ployees to work for the Humphreys, but three! But then again, Humphrey & Associ-ates has always been about family. In 1977, husband-and-wife team Steve and Jackie Humphrey opened in Dallas what began as an electrical contractor busi-ness. A then-teenage Stephen Jr., who now serves as executive vice-president of field and technical support, was on hand to help Mom and Dad, and, in 1983 and 1989 respectively, their younger son

Randy, who now serves as executive vice president of operations and loss preven-tion services. Their daughter, Leah, who has also worked for H&A in earlier years, since retired to raise her three of the total eleven Humphrey grandchildren, two of which have become summer/college employees. Along with adding family, the company grew in size as well, adding a mechanical group in 1994. Employees and customers, whom the Humphreys also consider to be like family, enjoy the company-hosted pic-nics, fishing and hunting trips. Humphrey & Associates also sponsors annual clay shoots such as “The Broken Clay” which

L-R: The Board of Directors of Humphrey & Associates Inc. includes Randy Humphrey, Exec VP-Operations; Jackie Humphrey, Exec VP-PR; Steve Humphrey Sr., CEO/President, and Steve

Humphrey Jr., Exec VP-Business Development/Construction.

Dallas/Fort Worth Construction News • Feb 2013

When you see a story on the news about a fallen soldier, are you left wanting to know more

about that person who made the ulti-mate sacrifice for our coun-try? Who were these individ-uals? What were their pas-sions and interests? How do their families remember them? Questions such as these motivated Rob Hatton to ini-tiate the Beneath the Flag project, a book series and documentary film as well as a website and Facebook page. These avenues allow the stories of men and wom-en of our Armed Forces that were lost in combat to be told more intimately through the memo-ries and photographs of their loved ones. When Hatton learned the story of Marine Lance Cpl. Luke Holler, a San An-tonio resident killed in action in Iraq in November 2006, through his family, friends, and brothers-in-arms, Hatton knew that experience established a per-sonal connection beyond that of name, rank, and serial number. Starting with the launch of the first Beneath the Flag coffee table book in Fall 2013, Hatton will be giving our fallen he-roes depth and dimension that tran-scends the fleeting coverage of an eve-ning news clip. “We just want people to know that

Keeping their memories alive

so often there are parents and family members out there who have lost a loved one, and we don’t realize that we could be standing next to them in line at the

grocery store or sitting next to them at a restaurant and not have any idea that these people have sacrificed so much,” explains Hatton. “This project is as much to honor the individuals who have sac-rificed on the battlefield as well as their families and their loved ones.” While support from mem-bers of the military has been extremely strong, Hatton says he will start with one book and gauge the re-sponse.

Since all the books are being printed here in the U.S., the significant cost of printing will be a factor in continuing the series. But, Hatton assures, “We have the ex-perience to understand what it takes to pull something of this magnitude off and do it effectively and successfully.” Since the age of 17, Hatton has run his own business in one form or another, working in the fields of marketing, pub-lishing, and design – all skills he is apply-ing to ensure the project’s physical mani-festations in print and on video. Meanwhile, Hatton continues to call upon those who have lost someone in Iraq or Afghanistan to share their stories so the project can include as many of our nation’s lost warriors as possible. For more information or to contribute to the Beneath the Flag project, call Rob Hatton at 210-849-9786 or e-mail him at [email protected]. –mp

The Beneath the Flag image is a mosaic of photos of men and womenof the Armed Forces who died in service to their country.

Rob Hatton is compiling the stories of fallen

combat soldiers into a series of books and a

documentary film.

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The Dallas ! Fort Worth Construction News (ISSN 1547-7657) is published monthly by Construction News Ltd., dba Dallas/Fort Worth Construction News, and distributed by mail to construction related companies in the Dallas/Fort Worth metropolitan area. All submissions should be mailed to our editorial offices. We reserve the right to edit any materials submitted. No fees for materials, copy or photographs submitted will be due unless agreed upon in advance in writing. Submissions will be published at our discretion on a space-available basis. Construction News, Ltd., dba Dallas ! Fort Worth Construction News, will not be liable for errors in copy or in advertisements beyond the actual cost of space occupied by the error. Publisher reserves the right to reject any advertisement at any time.

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Overheard at the party: “One nice thing about this being the 2012 awards is that this means the

projects are officially finished!” True, all of the projects presented at the Excellence in Architecture Design Awards, hosted by the American Institute of Architecture’s (AIA) Fort Worth chap-ter, were officially complete. In fact, the Ben Hogan Learning Center in Fort Worth, which won a design award, was so “finished” it was chosen as the site for the event. –mjm

(A)wards (I)n (A)rchitecture

Design Award – Ben Hogan Learning Center for the First Tee of Fort Worth, DMS Architects L-R: Patrick Anderson, Max Falls, Harold Muckleroy, Jack Romigh, Stephen Darrow, Kevin Long

Design Award – iProspect, Fort Worth Office, VLK ArchitectsL-R: Brain Harlan, Joey Mejia, Chris Ortiz, Jack RomighDesign Award – Levitt Pavillion for the

Performing Arts at Founders Plaza, Bennett Benner Pettit Architects + PlannersL-R: Amanda Schulte, Mark Dabney,

Jack Romigh

Design Award – “Tethering,” Bart Shaw and Norman WardL-R: Norman Ward, Bart Shaw, Kevin Romigh

Community Award– 360 WestL-R: Jerry Scott and Bart Shaw

Design Award – “Shoe Spine,”Bart Shaw Architect

L-R: Bart Shaw and Kevin Romigh

Honorary MembershipMartha Peters

L-R: Martha Peters and Bart Shaw

Presidents AwardPaul Dennehy

L-R: Bart Shaw and Paul Dennehy

Young Professional AwardJoey Mejia

L-R: Joey Mejia and Bart Shaw

Design Award – St. Peter’s Roman Catholic Church, Arthur Weinman Architects

L-R: Arthur Weinman and Kevin RomighJames Wooten Service Award – Sandra Dennehy

L-R: Bart Shaw and Sandra Dennehy

Sustainability Award,Fort Worth ISD

L-R: FWISD Superintendent Walter Dansby, Judy Needham and Bart Shaw


Elizabeth Ponce,President

Ponce Contractors/Zion Contractors LLC

A few years ago, Elizabeth Ponce ar-rived at an important meeting for a potential contract. Seated in the

conference room were educated men, their hands folded expectantly on top of impressive portfolios. She couldn’t help but notice the college rings anchored on their fingers and felt a surge of intimida-tion, even though she was the president of two companies. How could Ponce – a petite young woman, who started her journey as a teen mom, who was still striving to earn her degree while raising her kids and growing her businesses – hold her own? Then the men began to ask Ponce questions and she realized these men needed her knowledge which, coupled with her drive to succeed, gave her an ad-vantage in life no degree could match.

Elizabeth, at 31 years old you are younger than the business owners I usually interview. How did you come to own not one but two businesses at your age? When I started my junior year of high school, I found out I was pregnant. I was 17. The chances of someone staying in school after getting pregnant were very low, so it was sug-gested that I go to day school and night school. During the day I would work on my junior year and at night I was doing my senior year. I had my daughter, Cassandra, that April. It was a struggle but I was able to graduate in May, a year early. One of my “things” was just to never give up, just always push forward and do whatever I could do to succeed. That June, I started to go to Eastfield College. I attended for a year and a half, and ac-complished almost every single course, except that I would always put off math! Calculus, Algebra … I always put it off. I never finished the degree because I was lacking those classes. I started part-time at a construction company that my dad was working with. They gave me the opportunity to start working there and go to school as well. They hired me in August 2001 during a

busy moment when they needed an ad-min just to answer the phones. By 2002, I didn’t enroll back in school; I worked for the construction company full-time. When I started at the company, there were 100 employees, but they grew too quickly and declared bankruptcy. Be-cause I was just an admin making $8 an hour, they decided to cut the higher lever positions and as people left, I was given additional responsibilities. In 2004, I was just fed up with the workload and working late. Unfortunate-ly, I wasn’t being paid for the responsibili-ties I was given. Therefore, I decided to leave the company.

It sounds like you left with a great deal of industry experience, though. It was the most hands-on experi-ence, those two years. I appreciate all of the knowledge gained, and I was also in-troduced me to the [now Regional] His-panic Contractors Association. I would go and do some of the marketing. I got to know a lot of people. I would take classes with the HCA and I met some key people like Chris Escobedo and John H. Marti-nez-D who are very influential in my life that gave me the opportunity to move forward. They weren’t hiring but they en-couraged me to start my own business, and what did I have to lose? A few months later, I started a busi-ness with $5,000 that I had in savings.

That was a big risk. What challenges did you face in the beginning? It was really hard in the beginning to have people trust me. In the construction industry, it’s really hard to break down doors, and you have to demonstrate that you are capable of doing anything. Being a small business is hard. Being a woman is even harder. Being a young person – I was 24 at the time – is hard. Not having [a college degree] can be a barrier.

But the Depart-ment of Transporta-tion in Dallas was very open to meet-ing with me. A cou-ple of months later, they called me be-cause there was a leak in the hallway with some plaster

coming down, maybe 500 square feet. Three of us went to clean it up so that it could be restored the next day. We were paid $800 for our first job, but after that, the most amazing thing happened, be-cause every time I was asked for a refer-ence or had to submit a bid, I would say I did a job for TXDOT. I think the person who gave me that job really saw that I was just being honest and trying to get ahead. A lot of contrac-tors and owners would call TXDOT and get a reference and I would get the next job. From May to December of our first year, our revenues were $54,000. By the end of 2005 our revenues were a little un-der $1 million, and just kept going up and up.

In 2009, I also established Zion Con-tractors. During that time, I was already on the board of the Hispanic Contractors Association. I was also going to school because I wanted to graduate, so I had several things going on.

You were determined to take those math classes, after a full day of work, serving on the HCA board and being a

single mom? Yes, and it was very hard! To this day, I still haven’t finished that degree. I un-derstand [the appli-cation of math] in my business but when I’m given for-

mulas in my classes …

How did you balance being a mother to two young children as you were running two businesses? Balancing everything was really hard. You can only split yourself so many ways. It’s like the last eight years of my life have just flashed. I’m 31, and through that whole pro-cess I never felt I had accomplished any-thing because I hadn’t finished my col-lege degree, I was a mother at a young age and the businesses were not billion dollar businesses. Are your priorities the same now at age 31? Now, with my family, I feel that my kids know how hard I work. Every day, I drop them off and pick them up at school, and the time between 5:30and 8 when they go to bed is just for us. I cook every single night, and I get them to help me. Also, I’m a clean freak; the house has to be clean so I can relax, so sometimes I am scrubbing a toilet. It actually releases stress for me! If you could have one week where you didn’t have any obligations – no work, kids, or association duties – what would you do? All I would do is clean. I’m saying this because we’re just coming off of a holi-

If there were a college degree for tenacity, Elizabeth Ponce would have earned it.

day, and all I did was clean. I cleaned my cabinets, washed everything in my home, and ironed all of my clothes. I could have traveled, but I didn’t. It was wonderful! Organizing my pantry is awesome!

Is there anything that you have done recently besides cleaning that would also qualify as fun? Everything I have ever wanted to do, or anything that crosses my mind to do, I just go out and do it. Have you ever seen the movie “The Bucket List?” I did, and decided to create a list. I put skydiving on the list, and then I thought, “What am I waiting for?” I did it that weekend. If I come across anything I want to accom-plish, I just go for it, whether I can do it or can’t do it, or if I fail or I don’t fail. Recently, one of my supervisors came to see me and noticed a plaque hanging on my wall and said, “You were a basket-ball coach this year?” and I said, “You know what? I was!” I was a coach for my son’s basketball team. I still wonder, “How did I do that? I have the RHCA chairman-ship, I have both companies, and I was still a coach?” I don’t know where I find the energy. It’s just an adrenaline that I have. What are your future plans? I was recently asked where I see my businesses in the next 10 years. To be honest, I didn’t know. This market can go up and down so quickly. Back in 2004 when I was establishing my business, I would never have known that I was going

to do a venture with a billion dollar company. Maybe I’ll have a billion dollar company 10 years from now. I

can’t tell you where I’m going to be, but I can tell you that I have a reputation to maintain. I’ve maintained it that last eight years, and I can assure you that we’ll be a loyal contractor. That’s my vision of the business. And, someday, I will get my degree!

Located in Fort Worth, Ponce Contrac-tors provides services in asbestos and lead abatement, mold remediation, demolition and plumbing. Fort Worth-based Zion Con-tractors LLC provides general construction services to the Metroplex. –mjm

“From May to December of our first year, our revenues were

$54,000. By the end of 2005 our revenues were just under $1

million, and just kept going up and up.”

“It was really hard in the beginning to have people

trust me. In the construction industry, it’s really hard to break

down doors, and you have to demonstrate that you are capable

of doing anything.”

“Everything I have ever wanted to do, or anything that crosses my

mind to do, I just go out and do it.”

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Contractual Liability Insurance forthird party over actions

Charles E. Comiskey, Vice PresidentBrady, Chapman, Holland & Associates, Inc. Houston, TX

Texas House Bill 2093, the Construc-tion-Related Anti-Indemnification

and Anti-Additional Insured Act (the “Act”, and my title, not theirs), has been in effect for over a year now. This Act de-clared any requirements to defend, in-demnify or hold harmless another party for their negligence (whether joint, con-current, sole, strict, gross, etc.) or that of anyone for whom they are responsible (agents, employees, anyone under the control or supervision of the Indemnitee) are void and unenforceable. It further declared that any additional insured re-quirements covering the same issues are also void and unenforceable. So unless you are in one of the types of business excluded by this Act (residen-tial or municipal work), you’re in the clear, right? Well, not exactly. The Act contains an important ex-ception applicable to injury or death of employee of the Indemnitor (the down-stream party), its agents or subcontrac-tors. Indemnification and additional in-sured requirements that remain permis-sible under Texas law include the re-quired assumption of the Indemnitee’s (the upstream party) joint, concurrent and/or sole negligence with regard to this exception. What is the significance of this? Assume a subcontractor’s employee is in-jured on the job. He makes a workers’ compensation claim and is prohibited by law from suing his employer. He can, however, bring suit against upstream par-ties, who then tender the suit back to that employer for defense and indemnifica-tion under the employer’s general liability insurance. This process is commonly re-ferred to as a “Third Party Over Action”. Contractual indemnification arises from liability assumed in a contract. It ap-plies to liability not normally imposed by law – you are liable only because you have agreed to be liable. There are a vari-ety of insurance issues pertinent to this exposure that require your attention. From the standpoint of the contractual li-ability insurance provided by a general liability policy, there are four:

1. An “Amended Definition of Insured Contract” endorsement (CG 24 26) limits coverage to bodily injury and property damage “caused, in whole or in part, by you or by those acting on your behalf”. By definition, that excludes injury or damage caused solely by an upstream party. The effect is to exclude coverage for the assumption of that party’s sole negligence even though permitted by law.2. A “Contractual Liability Limitation” en-dorsement (CG 21 39) is one of the most hazardous exclusions in the insurance in-dustry, completely deleting coverage for

most liabilities assumed in an indemnifi-cation provision.3. Sneakier are numerous endorsements that modify or delete the exception to the general liability policy’s Employer’s Li-ability exclusion. Coverage for Third Par-ty Over Actions is provided by this excep-tion, and it’s deletion exposes a contrac-tor to one of the most common types of construction litigation with no coverage.4. Even when the contractual liability coverage hasn’t been modified in any manner, it’s important to recognize that defense costs paid in behalf of an Indem-nitee are not paid outside of, or in addi-tion to your limits of liability, but are paid inside of limits, eroding those limits. If you have a $1,000,000 per occurrence limit and spend $400,000 defending an Indemnitee, you only have $600,000 left for payment of any damages.

In this last example, who wins? Not the Indemnitee, who thought it was get-ting the benefit of a full $1,000,000 limit, only to find that the remaining limit is substantially reduced. Not the Indemni-tor (a/k/a the downstream contractor) who (1) not only paid dearly for this cov-erage, but (2) is now having to share its limits with the upstream party, and (3) even worse, is having those limits rapidly eroded by defense costs. Who wins? The insurance company, who now is having to pay far less, saving money with every dollar paid to defend an Indemnitee. What’s the moral to this story? There are two:1. Do not permit any endorsements to your coverage or that of a downstream contractor that might limit or eliminate coverage for the liability assumed in an indemnification provision; and2. Require consistency in your coverage. If you agree to indemnify for sole negli-gence, obtain additional insured cover-age that provides that same scope of coverage. Defense costs paid in behalf of an additional insured are paid outside of limits of liability. Additional insured issues abound, but there’s good news on the horizon. More on that next month.

Charles E. Comiskey, CPCU, CIC, CPIA, CRM, PWCA, CRIS, CCM, is Sr. V.P. of Brady Chap-man Holland & Associates. Comiskey is a nationally recognized expert and frequent speaker on risk management and insur-ance issues to various legal, construction and real estate associations and similar groups across the country. He has served as a pre-trial consultant/expert witness in approximately 200 matters in State and Federal courts, serving in behalf of both the defense and plaintiff. He can be contacted at 713 979 9706 or [email protected]

Independent Electrical Contractors (IEC) Fort Worth/Tarrant County Chapterand the team at Humphrey and Associates donated 100 bicycles

to Mission Arlington before Christmas. Not only did they donate the bikes,they took the time to assemble them, too! –ms

Two-wheeled joySubmitted to Construction News

In today’s economy, most construction companies are actively looking for ways

to increase their cash flow. A simple and low cost way to achieve this is to request to change your company’s method of ac-counting with the IRS. This can accom-plish significant tax savings now, and re-sult in that much needed increase in cash flow. The IRS requires Form 3115 for this purpose, and it can still be filed for ‘auto-matic changes’ effective for the 2012 tax year up until the due date (including ex-tensions) of your 2012 tax return. Dis-cussed below is two such ‘automatic’ ac-counting method changes of which you may be able to take advantage this year.

Excluding Retainages in AccrualMethod of Accounting forShort-term Contracts

If your company uses the accrual method of accounting for its short-term contracts (those contracts started and completed in the same year), then you may request an automatic change to the accrual method excluding retainages. This entails the reporting of the retainage portion of a contract to be deferred until the work is “completed and accepted” by the owner. If this does not occur until a subsequent year, then tax on this retain-age portion will not be due until that subsequent year. This change in ac-counting method also requires that any retainages payable to subcontractors must be excluded from deductions for that project until such time that the work is “completed and accepted” by the own-er.

Segregating Property Costs ofReal Property Used in your Business

This tax deferral strategy involves the accelerated depreciation deduction of components of property owned by and used in your business. It can be used

when property is constructed or pur-chased, even if the construction or pur-chase occurred in previous years. Usually, a relatively inexpensive engineering study must be done that segregates the total cost of the real property into cate-gories, such as personal property, land improvements, building components, and land.

Once the engineering study is com-plete, then the various categories of property segregated may be available for shorter useful lives rather than the stan-dard 39-year useful life to which real property or building improvements are normally subject, which will most likely result in significant accelerated deprecia-tion deductions currently.

Another advantage of this automatic change in accounting for depreciation is the ease of writing off the un-depreciat-ed cost of an asset that becomes dam-aged or needs replacement. An example of this is a roof that needs replacement. Under the traditional method of account-ing for real estate improvements, there would be no disposition and tax loss for the roof if the costs of the original build-ing were not segregated. If cost segrega-tion was applied, then the replacement of a roof with un-depreciated cost would be reported for tax purposes as a disposi-tion and a loss would be allowed for that remaining amount.

Paige Heard joined Van Houten & Associates, PC (VHA) in 2007, and has been a CPA for over 23 years. Her experience includes ten years as an Internal Revenue Agent in the Austin IRS office, and six years in public accounting with VHA, with primary emphasis on tax preparation and tax planning provided to construction-related companies and their owners. Paige can be contacted at [email protected] or 512-310-9277.

Simple tax deferral steps thatcan increase cash flow this year

Paige Heard, CPA, Tax ManagerVan Houten & Associates, PCRound Rock, TX


William TangProject EngineerBakerTriangle

Industry FOLKS

Who knew that The Bard and The Duke were brothers?

When BakerTriangle project engi-neer William Tang and his older broth-er Wayne were born to immigrant par-ents from Taiwan, Mom and Dad didn’t have to resort to a baby name book for help. “My parents were trying to find English names that were popular, and my grandparents liked [to read] Wil-liam Shakespeare, so I was named Wil-liam,” Tang explains. “My brother, who was the first generation of my family to be born in America, was named after John Wayne!” Tang’s actual Chinese name, “Wei-Ting,” means “stronghold” or “fortress,” and it is not the only Chinese word his parents hoped would stick with him. “When I was growing up, I had to learn English but my parents also taught me Mandarin Chinese,” he says. “Eventually, though, I had to take ESL, or English as Second Language, in school because I didn’t know English! I always make fun of my parents for do-ing that because even though it was nice of them to teach me Chinese – and I wish I knew it more now – it put me behind [in school] at the time. But it ac-tually made me who I am in a way.” A talent that he began honing in his childhood also helps define who Tang is. “As far back as I can remember, I re-ally liked drawing, starting out with crayons of course,” he says. “Eventually I was interested in drawing just about

anything. I would look at magazine pictures and try to duplicate it. My parents thought I would make a good architect. I majored in construction science, although it was a debate since I’m a very visual person and have an interest in art.” The Texas A&M grad recently moved to Dallas and has worked at BakerTriangle for a year, saying that he enjoys both the work and the compa-ny golf tournaments that have sparked a new passion for putting. His spare time is otherwise dedicated to his girlfriend of five years, Valerie, and his renewed devotion to learning to play music – and as a very famous Wil-liam once said, if music be the food of love, play on! “My parents always pushed learn-ing the violin and piano, and in high school I did trombone and marching band, but I didn’t really keep up with it,” he says. “Right now, I’m trying to relearn all sorts of different things like the accordion, and I just got back into cello. It’s always been an interest of mine, but I like it as a self-taught method. It’s just the older I get I lose the ability to learn it faster!” –mjm

Good questions! A number of avenues and causes of ac-tion exist in Texas to assist contractors, subcontractors,

and suppliers in obtaining payment for work properly per-formed and materials provided for a construction project.

I did the work; now how do Iget paid and can I recover myattorney’s fees?West W. Winter, PartnerMcNelis + Winter, PLLCSan Antonio, TX

Mechanic’s and Materialmans Lien Perhaps the most significant tool in your arsenal will be the Mechanic’s Lien. Governed by Chapter 53 of the Texas Property Code, statutory mechanic’s liens, if timely and properly perfected, se-cure your right to payment against the project. While the specifics of proper lien perfection are complicated and beyond the scope of this article, perfection of a lien claim generally requires timely and proper written notice of the unpaid debt, timely recording of a proper lien affidavit in the real property records in the county in which the project is located, and time-ly giving notice of the filed lien to the owner and general contractor. Be aware that suit must also be filed to enforce/foreclose the lien claim within the limita-tions period mandated by Chapter 53 (typically one or two years, depending on the type of project) or the lien will be extinguished. Contractors having an agreement directly with the project’s owner may further enforce constitutional lien rights which exist independently of any notice or recording requirements. Rights may alternatively exist under a payment bond if work is performed on a public or bonded private project. Strict time and notice requirements also exist for the proper perfection of a bond claim and will differ depending on whether the project is state or federal.

Breach of Contract, QuantumMeruit and Sworn Account Whether or not a mechanic’s lien has been perfected, you may also assert a cause of action for breach of contract as a result of non-payment. In some instanc-es, such as when there is no express con-tract, where the work performed is out-side the scope of the agreement, or when the work is partially performed, an equi-table cause of action may exist for quan-tum meruit. Typically, suppliers to con-struction projects will also be able to avail themselves of a suit on sworn ac-count and in instances where they have secured a personal guaranty, suit against the individual guarantors.

Violation of the Texas Construction Trust Fund Statute Chapter 162 of the Texas Property Code mandates that construction pay-

ments and loan receipts are trust funds if they are made to or borrowed by a con-tractor or subcontractor under a con-struction contract for the improvement of real property. Contractors, subcon-tractors, or owners and their officers, di-rectors, and agents who receive or con-trol the trust funds are considered to be trustees of these funds. Those who fur-nish labor or material for the construc-tion of the improvement are the benefi-ciaries of the trust funds. A trustee who retains, uses, disburses, or otherwise di-verts the trust funds without first fully paying all obligations to the beneficia-ries, is deemed to have misapplied the trust funds. While certain exceptions, exclusions, and defenses apply, criminal penalties exist for misapplication of these trust funds, and the courts allow for a civil cause of action.

Prompt Payment Act Another statutory tool to assist in compelling payment is the Prompt Pay-ment Act pursuant to Chapter 28 of the Texas Property Code. This statute re-quires payment of contractors and sub-contractors within the timeframe speci-fied in the Act and allows for the recovery of interest on unpaid amounts. Notably, the Act also provides for the right to sus-pend work in certain circumstances fol-lowing proper written notice.

Attorney’s Fees With the exception of a trust fund claim, a prevailing party asserting any of the causes of action discussed herein has the ability (in some cases an award of fees is discretionary with the court) to re-covery reasonable and necessary attor-ney’s fees.

West W. Winter is a partner at McNelis + Winter, PLLC. A LEED Green Associate, West serves on the board of the Construction Law Section of the San Antonio Bar Association and is listed as one of the Best Lawyers in San Antonio for Construction Litigation. His firm aggressively represents general con-tractors, subcontractors, and suppliers in all phases of the commercial and residential construction process, from contract forma-tion through dispute resolution, litigation, and collection. West can be reached via email: [email protected].

I met my wife at church, actually. I was about to get up and do a vocal special, and she got up and wept. That’s where I met her, and I couldn’t have met her at a better place, that’s for sure. We’ve been married almost 28 years.

Steve Tucker, Unified Materials Group

I met my wife, Angelique, in college at Ole Miss in Oxford. We were at the Library Bar and Grill. She was the most beautiful girl in the bar. I married her eight years after I met her; it took me eight years to convince her to marry me! We go back to that bar every year. She is still the pretti-est girl there.

Ray Waddell, CEC

I met my wife, Margarita, at a basketball game at my church. At halftime, she

jumped in the middle and said, “When are the girls going to get to play?” So we asked her how many girls were ready to play; there were five girls behind her and none of them raised their hands. She just stood out; she was very girly but at the same time was not going to let someone mess her over. I married her about two years after that, but I knew she was “The One” right away!

Ramon Hernandez,Integrity Texas Construction

I met my now-husband, J.V., my first year of law school. I thought he was larger than life at the time; he has a great per-sonality and reminds me a lot of [actor] John Goodman. I guess he must have thought I was okay because it all worked out in the end!

Tammy Crooks, MetalMan

How did you meetyour spouse?


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Center, Fishing Tackle Unlimited,Power Pole Shallow Water Anchor,Interstate Batteries, Pure Fishing,

Pflueger Reels, All-Star Rods, Mirr-O-Lure and Columbia Sportswear.

One of the most popular ques-tions I get throughout the year is, “When is the best time to go fish-

ing?” My answer is always the same, “Any time you can.” Second most asked question is, “What do I have to do to catch a trophy trout?” Well the answer to that question can vary a bit. First, you have to ask yourself, “How committed am I to accomplishing such a task?” Tro-phy trout are similar to trophy whitetail deer. You’re not going to sit in a deer blind and have a 180-class whitetail come out during every hunt, unless you are on one of those high fence ranches that grow monster deer and release them into the wild. It takes countless hours and, in most cases, countless days spent in the field or on the water to see such a trophies much less harvest them.

For the next few months, we will spend many days walking countless miles wading the shallow waters of the Laguna Madre and Baffin Bay in search of one of the most sought after trophies that roam the inshore waters of the Gulf of Mexico. Most anglers know that win-tertime is when speckled trout are at their peak weight. A 30-inch trout caught in the middle of the summer may only weigh 6-1/2 to 7-1/2 lbs; whereas that

same fish may be 9-1/2 to 10 lbs in the winter. These heavier trout make your catch that much more gratifying.

One of the most important tools to have before you venture out for your day on the water is something that can’t be purchased. A GAME PLAN must always be one of the first things you should have before you leave the dock. If you’ve kept logs in the past like most serious anglers do, review them. Think back to previous years or outings that were successful.

What lures did you throw and which ones did you have the most success with? What were the weather conditions like - cold, windy, cloudy, sunny, etc? Try to predict what your day is going to be like and look back to find a similar day in your logs. Don’t be like most routine fisher-men who go to the same spots over and over because they caught a good fish there 11 years ago.

Now that you have arrived to your pre-designated fishing spot, your next decision should be which lure to throw. My suggestion to most of my clients is to

Footprints in the desert sandSubmitted to Construction News

Mary Paul, San Antonio editor for Construction News, traveled to White Sands National Monument in New Mexico, where dunes of fine gypsum cover 275 square miles of the

Tularosa Basin, bracketed by two distant but breathtaking mountain ranges. –mp

throw a lure you have confidence in. I al-ways start out with a lure that has been a producer for me in the past. Don’t get caught up in some new item that came in a fancy package and costs a small fortune or a lure that your buddy gave you and said these are what I catch all my fish on. If I have a group of customers, I always try to mix it up. I start everyone off with a different lure. This helps me determine what the fish are wanting on that given day. After we have established what the fish want we can all go to the same type of lure.

If you would like to plan a trophy trout fishing trip in the next month or so, don’t procrastinate it any longer. Now is the time! Also, those of you that are wait-ing for spring and summer to get your fishing in, my calendar is rapidly filling. I can be reached by phone at (361) 813-3716 or by e-mail at [email protected].

Good luck and good fishing.

Hayden Consultants Inc.’s design manager James Allen’s 50th birthday didn’t cost him an arm and a leg – just a leg. That’s because the tattoo he

chose to commemorate this milestone – a replica of his professional engineering license seal – was too large for his bicep, so he offered up one of his gams

instead. Nice ink – and nice legs, we must say! –mjm

Branded for lifeSubmitted to Construction News


Ken Milam’s Fishing LineSponsored by Tropical Marine and Honda Marine

My name is Ken Milam and, for the past 26 years, I have been guiding fishing trips for striped bass onLake Buchanan in the Texas Hill Country. Over the years, I’ve had the opportunity of getting to know

a good many folks in the construction trade.

At this writing, we are having a wel-come stretch of warmer weather. The warm days after a cold spell

just get me itching to get out and do something! I figure I’m not the only one who feels that way, so let’s get cracking! Spring is coming! Now that we are fin-ished with deer season and have put the rifles away, it’s time to look forward to spring and summer fishing. You know how you used to say you liked going to Lake So-and-So, but you are getting bored with it and need to go try somewhere else? Well, this year you are in luck. If you are like so many of us and are surrounded by lakes that have below normal water levels, you just got yourself a brand new lake without hav-ing to travel somewhere else. I know you have seen and heard me say this before, but it is still true. Low lakes are lakes that are giving up their se-crets! Before they fill up again, you need to get yourself out there with your cam-era and GPS and in some cases a good pair of hiking shoes. Go find the places you have had good fishing and get an up close look at why it has been productive. Look for points, drop-offs and rock piles, any place for fish to hide or hang around. Take pictures, make notes and get GPS coordinates. Now you are ready to go exploring the lake bed and finding other places that have the same traits, places you haven’t been aware of with the lake full. I can drive across the empty lake bed and see a lot of spots that I have caught fish on for years. Now I can see why those places hold fish. You can know of a place and know how it looks by fish finder, but still be surprised at the

way it looks when you actually get to see it with your own eyes. Make a day trip of it. Stuff the ice chest with good stuff to eat and drink and load up the kids just like you were going fishing, but instead of bringing the boat and all the tackle, let the kids bring their own entertainment. One thing a low lake has to offer is lots of open space to run. They can fly kites, have room to play with the remote control toys they got for Christmas, or just have fun explor-ing. Meanwhile, you get in some fishing research and get a chance to look for good places to launch your boat and such. That way when you are coming to the lake to fish, you already have the hard part done and can focus on fishing and having a good time. If you are not comfortable with tak-ing your own boat to a low lake, then seek out a good fishing guide. They are on the lake frequently and familiar with it as it changes, and how the fish have been moved around. Also, don’t forget all the little lake area businesses that support your fishing trips. From the bait shops to the convenience store you used to fuel up at, to the little fishing camp where you used to spend the night and the little café that fed you breakfast, all these folks would be happy to see you too!

If you don’t do this now, you might be kicking yourself when the lakes fill up!Hiding places

Bluebonnet diamonds

So many places for a fish to hide

If I had a nickel for every fish I caught here(325) 379-2051

www.striperfever.com

Earning their wingsSubmitted to Construction News

The guys at Southwest Lath & Plaster had a good showing at the company’s annual pheasant hunt. L-R, in front: Christopher Holleman, Brian Sidwell, Chris Holleman,

Mike McVey. L-R, in back: Craig Morris, Keith Frazier, Caven Romans, Rod Arrington, Randy Holster, Adrian Flores. –ms


Valentine’s DayThursday, February 14

When ASA-North Texas gets down and parties, they aim to have a good time! Just take a look at

these photos shot at their Roaring 20s Party, which was held at Edison’s of Dal-las! The joint took on the look of a real speakeasy that night, with elaborate cos-tumes, casino tables and, of course, plen-ty of music and dancing! –ms

Photos by Jesse Abercrombie

Guys and dolls

Technology: We see it all around us every day. From smart-

phone apps and interactive TV, to cars that talk to you as you drive down the road, we’re truly beginning to look at least a little like those old sci-fi movies and TV shows that most of us remember. Technology is especial-ly prevalent in the way that construction companies operate their businesses now. General contractor SpawGlass has a new iPad app (TED) that helps customers develop a realistic budget for commer-cial construction projects, offering cost-per-square foot categories in 49 pre-de-fined divisions. The square-foot pricing is calculated based on the average of historical costs of past projects. Costs in the system are adjusted to today’s dollars. “I just recently completed a parking garage for Texas State,” said Bryan Kent, SpawGlass. “I could quickly get estimated cost per square foot and some examples for the customer.” Building Information Modeling (BIM) is the name of the game now in construc-tion, and Rogers-O’Brien Construction has renovated its Dallas office to adapt to the technological movement that uses

digital representations throughout a building’s construction and operational life. “We’ve organized our upstairs around what we call our BIM pen,” said Bob Bullis. “Our renovated and reconfig-ured workspaces encourage communi-cation.” TDIndustries, a mechanical contrac-tor, uses a combination of manpower and the Internet to improve a building’s effi-ciency. “We take information from an exist-ing building control system and receive it through the Internet. Each point is re-corded every five minutes,” said Ken Scheepers, TDIndustries. “We can then diagnose problems and improve efficien-cy.” –ms

Beam me up, Scotty

Rogers-O’Brien’s new high-tech BIM department

SpawGlass’s new TED app for iPad is a tool that helps customersget a realistic picture of a prospective project’s cost.



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With 2013 getting underway, Bartlett Cocke General Con-tractors is shaking things up.

The employee-owner company has made some changes in leadership as the Texas construction forecast promises op-portunities for growth. Randy Pawelek is making the move from president to chairman, but he will retain his position as CEO. He has served the company as president since 2008. As Pawelek steps up, Harry Moeller will take his place as president. Moeller’s new position will require him to oversee daily operations at the company’s local and regional offices. “This ongoing, planned leadership transition is not about letting go or hand-ing off, but allowing others to step for-ward,” Pawelek said in a statement. “Since 1959, many have stepped forward to help lead our organization forward. It is the re-sult of vision, planning, hard work, work-ing smart, and most of all, great team-work.”

As Moeller assumes the role of presi-dent, a position that has been held by Bartlett Cocke Jr. and Duane Pozza, he comes with a long history of experience with the company. Starting in 1985 as a field engineer, he worked his way up to project manager, vice president of esti-mating, and his former position, execu-tive vice president. Others have been promoted as well. Kevin Byrd is the new vice president of operations for Central Texas. James An-derson has become the new South Texas regional manager. Mark Christensen is now the East Texas regional manager. And Nathan Olson, who has been serv-ing as interim director of preconstruc-tion, has been officially promoted to the position. Regarding the many changes in leadership, Moeller commented that the Texas economy is poised for growth and Bartlett Cocke is ready for those emerg-ing economic opportunities. –mp

L-R: Randy Pawelek and Harry Moeller have stepped up into new positionsto lead Bartlett Cocke into 2013.

New leaders for a new year

Bennett Benner Pettit, a multidisci-plinary design firm in Fort Worth, does more than just architecture.

With projects that range from zoos to high-rise condos to historic buildings, the company founded in 1956 by Don W. Kirk offers architecture, urban design and planning, economic development, interior design and landscape architec-ture. Heading the firm are principals Mi-chael Bennett, AIA, who serves as CEO; J. Bruce Benner, AIA, who serves as pres-ident and COO; and David Pettit, direc-tor of economic development. “We are often recognized for our success on projects of a complex nature such as the Tarrant County Jail, Erma Lowe Hall at TCU and the Museum of Liv-ing Art or “MOLA” at the Fort Worth Zoo,” said Bennett. “We also pride ourselves on our commitment to our community.” The company has fun, too, holding a mix of staff-only and family-invited events. Employees also do volunteer

More than architecture

projects – both pro-bono work and also just being helping hands for various causes. This year, the firm designed a ren-ovation for its local Salvation Army Angel Tree Warehouse and distribution center and also adopted a family with six kids from the angel tree. A group went shop-ping together to pick out items for the kids. As CEO, Bennett says designing “pieces that inspire” is what he really en-joys and what defines the firm. “I had the opportunity to design the renovation of a historic building, Erma Lowe Hall at my Alma Mater, Texas Chris-tian University,” Bennett said. “My objec-tive was to create a rehearsal/perfor-mance space for the School of Classic & Contemporary Dance that would inspire students to achieve the next level in their profession. “The result is a highly functional his-toric building that features modern-day amenities, and fits in the context of the campus environment.” –ms

L-R: J. Bruce Benner, Michael J. Bennett and David Pettit


Construction Safety

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2013Schedule

Construction Education

Safety matters

Juan Mendoza, Safety DirectorLasco Acoustics & Drywall Inc.Austin, TX

Juan Mendoza is the safety director at the Lasco Acous-tics & Drywall Inc. Austin, TX location but also travels

to work in Dallas and San Antonio. He manages all the safety programs for the company.

Important to have fire safetyplan on construction sites

Chris Jelenewicz, P.E.Society of Fire Protection EngineersBethesda, MD

“I train our guys on how to work safe on a daily basis and I provide bilingual training because I can speak both English and Spanish,” Mendoza said. “I do train-ing on first aid, CPR, boom lift and scissor lift equipment, scaffold and fall protec-tion.” Looking at the numbers, Mendoza says he has read fatalities have slowly but surely decreased in the past few years. “I have seen a lot more training in the commercial construction industry lately,” he said. “If you look at the data, the fa-talities in 2012 were less than the year be-fore and the previous year. “I think there has been an improve-ment this past year because there has

been more emphasis on the safety train-ing for the industry. “It is very important for construction related companies to not just have a good safety program, it is important to implement the program. In addition, there are requirements that workers on the job have to have some level of train-ing. That has been helping companies to step up and provide the required training to their employees. “Here at Lasco Acoustics & Drywall, we have a safety program in-house. We develop and update the program on a yearly basis. “We go back and review it and change things as required. Most of the

training we do is in-house; however, sometimes when we are required to have a specific training on specific equipment, we call the providers and have them do the training for us. “For us to actually to get employees on the jobsite, we do what is called a new hire safety orientation. The orientation lasts anywhere from four to five hours. We train our employees before they even step foot on the jobsite.” According to Mendoza, there have been advances in personal protective equipment (PPE) in recent years. “In 2008, there were changes in the OSHA regulations,” he said. “It is required that employers provide PPE. Since the change in the OSHA regulations, we now provide all the PPE, which include safety glasses, hard hats, gloves, safety harness-es, earplugs and more. “In the future, I think construction safety will continue to improve. In the past, our industry had a tremendous problem in the Hispanic population be-

cause the workers weren’t getting trained before they were sent to the jobsites. “Thanks to the push on the OSHA regulations and inspections, it has been changing little by little. There are more and more people out there getting to-gether, focusing on goals and making a difference.” Mendoza says he really enjoys his job as safety director. “At the end of the day, when I see the workers are going home the same way they left in the morning, it is rewarding to know that they are going to go back to their families and see their children,” he said. “That is my biggest joy. “It is very important to me that the workers are going to be safe on the job. It is not just a job, it is my passion.” Lasco Acoustics & Drywall Inc. provides drywall, acoustics and plastering in the commercial construction industry. The company has a corporate office in Dallas and also has offices in Austin and San Anto-nio. –ab

Go to most construction sites these days, and you’ll see a safety-con-

scious bunch of workers. People are wearing their hard hats, they’re wearing harnesses when they’re going up in lifts, and they comply with safety practices and procedures. But another important tool for con-struction companies to keep their work-ers safe on the job site is a plan in place that prevents and protects against fire emergencies, says Chris Jelenewicz, P.E., with the Society of Fire Protection Engi-neers. “It’s very important on a construc-tion site to make sure that you have a plan so that you know exactly what to do in case of an emergency,” Jelenwicz says. Things to cover in your plan include knowing whom to call in case of a fire,

prevention of potential hazards involving flammable materials and liquids, and having access and water for the fire de-partment to put out any blazes should they occur. “You want to make sure that when the fire trucks get to the scene, that they’ll be able to provide support,” Jelenewicz said. “Make sure fire hydrants are in place as soon as possible before starting the construction process, or make sure there is an alternative way that the fire depart-ment can get water.” While fires don’t seem to be a partic-ularly large problem these days, an ounce of prevention is worth a pound of cure. “It’s not something you should get complacent about,” Jelenewicz notes. “Fires do happen. You don’t usually hear about these fires because they aren’t

usually the kinds of things that make the news. It’s just something that you need to be aware of.” Jelenewicz says key steps in imple-menting a plan to bolster fire safety on your construction site include: 1) Making sure you get your superin-tendent involved. Make sure he is prop-erly trained to deal with potential prob-lems that might arise. 2) Get with the local fire department involved with the plan to ensure that their needs are properly met, and make sure that there is an established water supply. Being aware of their water supply is the part that some construction compa-nies overlook, Jelenewicz said. “It’s the most important thing – the fire department needs to have water if it’s going to put out a fire,” he said. “I think that’s the part that is most often forgotten about. You’ve got to get those hydrants in place as soon as possible, and you’ve got to make sure the fire de-

partment has a way to access the site with its ladder trucks.” 3) Technology and the prevalence of cell phones can be used, too. “You can put in place some sort of text messaging system so that people on the site can be notified immediately,” Jelenewicz ex-plains. 4) Make sure everyone knows the es-cape routes and that it is understood how to exit the building or site in case of an emergency. 5) If it’s a high rise project, two words: standpipe system. “These are sim-ple vertical pipes that allow the fire de-partment to reach each floor. On each floor, there is a connection so that the fire department just has to pump water into the pipe and haul a hose up to the floor where the fire is present. “It’s not rocket science, and it doesn’t cost you too much money, but it really does make things safer,” Jelenewicz said. –ms


Construction Safety

Round-Up

Budding young architects?

The American Institute of Architects (AIA) in Dallas recently hosted a play day at the Dallas Center for Architec-

ture exclusively for children whose par-ents are members of AIA Dallas. Children enjoyed playing with Tinker Toys, Erector Sets and LEGO bricks…and their parents did, too! –ms

A safe way is the best way

W. C. Bill Blayney, Owner and PresidentW. C. Blayney & AssociatesHumble, TX

W.C. Bill Blayney is a professional safety consultant. During his career, he has shared his construction ex-

perience with more than 1,500 construction companies.

“I started in construction as a laborer, office clerk, purchasing agent, superin-tendent, general superintendent, head of cost department, specializing in workers compensation cost reduction and re-funds, scheduling and organizing multi-ple projects for most cost effective com-pletion and sale,” Blayney said. “Along with the inception of OSHA in 1971, I re-ceived a new title of safety director.” Blayney says he has 52 years of active construction experience and 41 years at-

tempting to stay in compliance with the OSHA. He says the major risks in construc-tion are workers misunderstanding in-structions and supervision in a constant rush, with incomplete information to perform tasks at hand safely. “Additional risks in construction are operators not reading and understand-ing limitations to heavy equipment and architects and engineers avoiding safe design out of fear of liability.

“Many owners and managers do not want to give full information to their front line supervision. Supervision needs clear and complete instructions to line man-agement and supervision. Also, a clear company mandate for safe operations, use of experienced safety director, fore-man, superintendent, with full authority to identify and eliminate risk and errors. “Results of a good safety record, gives you a competitive edge over unsafe competitors. Employees would rather work for a company with a corporate cul-ture of being safe. Your insurance rates are lower, because you can reduce costs, because of safe behavior and can under bid your competition. You get more work, and more year end rebates from your insurance company. “Of the major construction compa-nies that I worked for, we enjoyed the benefit of ability to be self-insured. Re-funds to a self-insured contractor result-ed profits in excess of production savings on the jobs. We were able to determine cost in detail, able to count on less ex-penses on overhead and labor costs. “On years that we completed $50 million in production, we expected a re-fund of excess workers compensation premium of more than $650,000 to add back to the bottom line. With a good safety program, and with supervision's blessing, we could count on this year-end treat annually.. With clear instruction, and use of experienced management, we always came in under estimates.” Blayney says to increase safety awareness and create a safe working en-vironment, give job supervision a corpo-rate safety culture and ensure executive and supervision must be sold on safe be-havior. He added that personal protective equipment (PPE) has always been there

and every construction supplier has had all types of safety equipment on their shelves. “Organizations such as the AGC, ABC, ASSE, NSC are regularly and frequently holding meetings, open to the public on how to utilize and use safety equipment to the company’s greatest benefit, along with saving limb, fingers, and lives.” Looking ahead, Blayney thinks the industry will use more and older people, more experienced seniors, people with on the ground experience, knowledge and ability to communicate it. “The most significant challenge to the safety industry and 40,000 profes-sional safety specialists is the sale of safe-ty benefits to owners and contractors. How much better planning, execution, safe operations, lack of lost time and en-hanced production and well planned and budgeted a project can be brought to fruition and good final payday, with no lost- time injuries. “I still get a thrill out of seeing a good project come together. I love seeing con-crete poured starting before daylight. Framing wood, steel, masonry going up at fantastic rates. I like to see two-year projects finishing in 18 months, and ex-perienced crews planning and executing error free jobs. “Working from the experiences of their grandfathers, dads and now we are in to the third generation of builders, building faster, safer and more produc-tive than ever.” W.C. Blayney & Associates provides loss control services and jobsite safety inspec-tions. The company specializes in commu-nication towers, excavation, trenching, concrete placement, framing, trim carpen-try, electrical, roofing, masonry and drywall safety programs. –ab

Structural and civil engineering firm JQ announced four promotionsat its Dallas office:

John J. Hoenig, PE, LEED AP, is promot-ed to partner. Hoe-nig has been with JQ for 12 years. He is a structural team leader with experi-ence in education, municipal, health-care, federal and commercial. Hoenig re-ceived his Bachelor of Science degree in Civil Engineering from Texas A&M Uni-versity.

Murali Kariyarvee-du, PE, LEED AP, is promoted to princi-pal. Kariyarveedu joined JQ in 1999 and is a key leader on the Water Re-sources team. He re-ceived his Master of Engineering in Civil Engineering from Oklahoma State Univer-sity and his Bachelor degree in Civil Engi-neering from Bangalore University, India.

Carlo N. Taddei PE, LEED AP, is promot-ed to principal. He has been with JQ since 2004. As a structural team leader, he focuses on architectural consulting projects. Taddei holds a Mas-ter of Engineering in Civil Engineering and Bachelor of Science in Civil Engineer-ing from Texas A&M University.

Douglas Rotherm-el, PE, LEED AP, is promoted to associ-ate. He joined JQ in 2006 and has over 22 years of industry experience. Rother-mel earned his Bachelor of Science in Architectural En-gineering from California Polytechnic State University, San Luis Obispo. –ms

Email (w/digital photo, if available) by the 15th of any month,for the next month’s issue (published 1st of each month).

Email info to appropriate city issue, with “Round-Up” in the subject line

Round-Up Submissions


Association CalendarContent submitted by Associations to Construction News

ACCA North TexasAir Conditioning Contractors of Amer.

Feb 6: Dinner meeting at Texas Land & Cattle Steak House. 5-8pm. Guest speak-er will be John Lain, Texas Depart- ment of Licensing and Regulation.

AIA - DallasAmerican Institute of Architects

Feb. 4: Panel Discussion: Landscape Ur-banism; 6-7:30pm. Free eventFeb. 7: AIA Dallas Celebrate Architecture: Awards & Honors Reception; Temple Emanu-El; 6:30pm; $45 per personFeb. 12: CES: Advanced Florida Building Codes; 8-10am; $135 AIA Members, $185 General AdmissionFeb. 19: CES: Fair Housing Accessibility Training; 8am-4:15pm; Free eventFeb. 21: Panel Discussion: Mobile Archi-tecture; 5:15-7pm. $20 AIA Members, $35 General Admission. Unless specified, all events held at Dallas Center for Architecture. Registration and more information is online at www.aiadallas.org.

AIA - Fort WorthAmerican Institute of Architects

Feb. 7: Continuing education seminar. 11:30-12:30 at The Center for Architec-ture. Register online at febcontinuinged-ucation.eventbrite.com/#.Feb. 13: Design Talk. Firsthand Renais-sance: Sketching and Creativity in a Digi-tal Age. The guest is Jim Richards, land-scape architect and author. 7-8pm at the Center for Architecture. Free presenta-tion, no reservations needed. Feb. 13: 11th Annual Building Science Expo. University of Texas at Arlington Ar-chitecture Building.

ASA North TexasAmerican Subcontractors Association

Feb. 7: Texas Lien & Bond Claims Seminar. Las Colinas Country Club, Irving. Registra-tion, 9-9:30am; 9:30am-4pm, seminar. $250, includes lunch. 817-640-8275 or [email protected]. 28: ASA-North Texas board meet-ing. 3-5pm, Las Colinas Country Club in Irving TX.Feb. 28: Monthly Dinner Program. 5:30pm, registration and cocktails. 6:15pm, BPI session and legal message. 6:45pm, dinner program. Members, $40; non-members $60. Must be registered. Contact ASA office at 817-640-8275 or [email protected]

BCABlack Contractors Association

Feb. 23: Cowboys and Cowgirls of Color Rodeo. Dallas Fair Park Coliseum. A venue to celebrate minority businesses and the diversity of the BCA membership.

ICRI - NTInt’l Concrete Repair Institute

Feb. 13: Joint meeting with ASCE Stu-dent Chapter of UT Arlington. Additional information can be found at www.icri.org.

IEC - Fort Worth Independent Electrical Contractors

Feb. 21: General Membership meeting. Billy Bob’s Texas. Call 817-8422 for details.

The winds of change

Raba Kistner Consultants, Inc. has two co-pilots taking the controls, helping to fly the engineering firm

into 2013. Chris Schultz PE, PMP and Paul Lampe have accepted co-leadership of Raba Kistner Consultants, a wholly-owned subsidiary of Raba Kistner, Inc. Schultz and Lampe will be oversee-ing operations and financial management of eight Texas locations from the division’s headquarters in San Antonio: Austin, Brownsville, Corpus Christi, Dallas, El Paso, Houston, McAllen, and New Braunfels. Schultz has been promoted from se-nior vice president, a position he rose to in 2004, to president and chief operating officer of Consultants, and he will remain practice leader for geotechnical engi-neering. Lampe moves from senior vice presi-dent, a role he too assumed in 2004, to executive vice president, and he will re-

tain his responsibilities as practice leader for construction materials engineering, testing, and construction inspections. “Paul and I have a lot of our time, heart and energy invested in this com-pany,” stated Schultz. “We know that we are taking over leadership of an excep-tionally dedicated group of employees.” Lampe commented, “Chris and I have worked together at Raba Kistner for 22 years, providing services to both re-gional and San Antonio area clients. We look forward to an expanded role in sup-porting operations and clients in all of our offices. “One area that I really look forward to is working with our clients to use more recycled construction materials.” William Raba, president of holding company Raba Kistner, noted, “This action is to support expanding the company’s reach and growing our staff and service capabilities over the coming years.“ –mp

L-R: Chris Schultz and Paul Lampe take to the co-pilot chairs at Raba Kistner Consultants.

McKim & C r e e d , Inc., an

engineering, sur-veying and plan-ning firm that op-erates SURVCON, a division in Hous-ton, Austin, San Antonio and Fort Worth, is celebrat-ing its 35th anni-versary this year. Chairman and CEO Michael Creed, Ph.D., PE, said the firm was pleased to have reached the milestone, and would continue to improve and grow as it looked ahead to its future. “In our 35 years of operation, McKim & Creed has grown from a two-person structural engineering company to a 400-person infrastructure consultancy with offices throughout the United States,” Creed said. “Most recently, we’ve added LiDAR to our services, which is particularly strong in our Texas market. We’re also expanding into the “green” market, providing services for micro grids and renewable energy projects. “These are things that Herb McKim and I never dreamed of when we started the company in 1978. It’s exciting to re-flect upon the technological advances

35 and still growingthat have been made during the past 35 years, and to plan the future direction of McKim & Creed.” As it reaches the noteworthy milestone, the company is get-ting bigger, ac-quiring the as-

sets of North Carolina-based United Engi-neering Group, which is a leader in the design of solar photo voltaic systems and containerized energy storage systems for solar and wind energy production. UEG Chairman Roger Woods, PE, will oversee McKim & Creed’s energy and electrical design services. As it amasses more professionals with energy expertise, the company plans to be involved in the extensive shale areas of South Texas. “ We are not yet involved in this area but plan to be in the near future,” Creed said. “Right now we’re expanding our Texas staff to include more professionals with extensive backgrounds in the oil and gas industry, and these people will help us grow into this specific area of the energy market.” –ms

Michael Creed Roger Woods

Editor’s note: Association Calendar is your way of lettingDallas Fort Worth Construction News readers know about your events.

Send your events to [email protected].


This is a story about power tools and the fasteners they fit. Actually, it’s about two companies that were a

perfect fit for a merger – Dewalt and Powers Fasteners. Since the merge in October, DeWalt Powers, has been dealing in both prod-uct lines and is more focused on con-struction. “I think that Stanley Black & Decker [DeWalt’s parent company] decided to take the opportunity to combine the two brand names together,” says Mark Ross, branch manager for Powers Fasteners in Stafford, TX. “The idea is providing the en-tire package to the construction industry.” Ross says that before the merger, he couldn’t make recommendations to con-tractors or distributors who actively call on jobsites regarding tools that would work best with their the anchors. Now, he says the knowledge of the power tool end from DeWalt’s side has given him a better understanding of his end users

A merger fastened together

needs. “I think you’re helping the contractor in the end, because you can make a rec-ommendation on the entire package, so I think you reduce the chances of error on the contractor’s part.” Kyle Anderson, account manager at DeWalt’s San Antonio location, is excited by the synergy between the two compa-nies, believing it will allow sales and cus-tomer service representatives to help their customers get their jobs done more efficiently. “The neat thing is that now we’ve got more guys out in the field where we can solve more opportunities,” Anderson says of the merger. “There’s more of us working together.” DeWalt has Factory Service Centers in San Antonio, Austin, Houston, Car-rolton, and McAllen. Powers Fasteners has branch offices in Dallas and the Hous-ton area with outside sales covering the state from those two locations. –mp

L-R: Patrick Pulliam, Karen Metzger, Kyle Anderson, DeWalt; and Mark Ross, Powers Fasteners

Good news, industry jobseekers! Four of Fortune’s 100 Best Com-panies to Work For are con-

struction companies with locations in Texas. Balfour Beatty Construction and TDIndustries, both headquartered in Dallas, came in at 85 and 86 on the list respectively. TDIndustries has been named to the same list for 16 consecutive years, which gives them a distinction shared by only 12 other companies; they’ve made the list every year since its incep-tion in 1998. Balfour Beatty has made the list four times in a row. DPR Construction, a general con-tractor with offices in Austin and Hous-ton, achieved position number 15 on the list. PCL Construction Enterprises, a civil engineering design/build firm with offices in Dallas and Houston, came in at 73. Bob Richards, president of Cen-tral Texas operations for TDIndustries, stated, “We are committed to provid-ing outstanding career opportunities

by exceeding our customers’ expecta-tions through continuous aggressive improvement.” More than 20 percent of the em-ployee-owned company’s partners are still with the firm since it first appeared on the list. Robert Van Cleave, chairman and CEO of Balfour Beatty, comment-ed, “I’m very proud about what it says about the quality of people we have here. Our company has endured a tough economy and weathered the challenges of being a rapidly growing business; and yet, our employees con-tinue to be positively engaged in our business, their communities, and each other. They are the ones who make this a great place to work, consistently striving to earn the repeat trust of their coworkers, partners, and clients.” Businesses are ranked based on questions about pay, benefits, hiring practices, internal communication, training, recognition programs, and di-versity efforts. –mp

Whistling while they work

sealants for decorative concrete. Services offered include delivery to the construc-tion site. Unique features of the store will in-clude a training and conference center that will be available for chambers of commerce and associations to use for programs that earn credit/training hours for participants, and a permanent food truck park. The grand opening/open house is one way Unified Materials is celebrating its 15th anniversary, a milestone it

continued from Page 1 — A mecca in McKinney

reached in September. Recently, it also held a celebration for just its employees. “We’re going to serve breakfast and lunch every day, and we’ll be giving away some pretty significant prizes,” Tucker noted. Unified Materials Group is headquar-tered in McKinney and is the parent com-pany of North American Stone Company, Shiloh Ridge Stone Products, North Ameri-can Masonry Supply, North American Cabi-netry and IronStone Construction. – ms

“This building was completely gut-ted, and had to be reconstructed fast.” McCune said the work ethic of the subcontractors and the help provided by Trinity Basin Preparatory Superintendent Randy Shaffer were critical in getting the job done. “Every subcontractor on this project was just incredible to work with as well as Mr. Shaffer,” McCune said. “The CEO/Su-perintendent of the School, Randy Shaf-fer, is one of the greatest clients I have had the privilege of working with. “Mr. Shaffer employs the right ad-ministrative people to help through the design and construction phase of every project, to ensure students have a great environment to learn in. “Mrs. Shedera Morrison (Assistant Superintendent), Mrs. Eva Myrick (Direc-

tor of Education), Mr. Buddy Bates (Oper-ations Manager), and Miss Jennifer Mas-ten (Coordinator of School Operations) were all great people to work with during this project, and helped make this proj-ect a success in such a short time. “ As for what made the project special, what impressed McCune went beyond designs, bricks and mortar, he said. “I think what makes this project unique is the educators who make these buildings a place to educate our future doctors, lawyers, politicians and race car drivers,” McCune said. “Just knowing that the buildings I had a part in constructing will educate a child is the greatest thing.” McCune Construction Inc. was found-ed in 2010, and typically does only private work. –ms

continued from Page 1 — Church becomes school

Trinity Basin Preparatory used to be a Catholic church.

serve as a major fundraiser for Young Life Christian Ministry. And, every April, the company hosts a formal President’s Cir-cle Dinner for employees who have worked five years or more with the com-pany. H&A also showed their family sup-port by offering “flex hours” and job-sharing for working moms in 1980 – long before it became popular to do so. Encouraging a family-like atmo-sphere has become so central to the way the Humphreys run their company that, when they asked their employees to brainstorm and create a company “brand,” a loop was suggested for part of the design to represent the family atmo-sphere found in their workplace. Forty

continued from Page 1 — Family first for 35 years

percent of their present 400 employees have been with the company at least five years and more which proves family works appropriately for this team, Jackie Humphrey said. Steve Sr., who currently serves as President and CEO, and Jackie, who is the company’s executive vice president and corporate secretary, take pleasure in the knowledge that the company they cre-ated with their family now includes em-ployees that are second and even third generation working for the company. Humphrey and Associates is a full MEP construction contracting company with of-fice locations and areas of operation in Dal-las, Denton, Fort Worth and Yantis. – mjm

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It may be February, but a cute picture is a cute picture. The construction group at MHBT Inc. took top honors during the holiday decorating contest with their “Redneck Christmas.” L-R, in front: Brianna Villanueva, Felicia Pena, Peggy Mauldin and Kae Perdue. L-R, in back: Jeremy Sandusky,

Donnie Doan, Susan Thompson, Elaine Cline, Kristi Meek, Debbie Smith, Gloria Gerecht and Mike Buttrey. –ms

A little late cheerSubmitted to Construction News It’s a “what should I wear?” crisis only a few of the nearly 200 exhibitors faced as they

dressed the morning of Jan. 18, and it’s a question these construction industry folk may encounter every morning until Feb. 9. That’s the day when the 117th annual

Fort Worth Stock Show & Rodeo gallops out of the Will Rogers Memorial Center, the exhibitors take down their booths showing off their latest construction-related wares, and they go back to hard-hat living. –mjm

Cowboy hat or construction hat?Todd Lewis, Bobcat of Fort Worth

Jon Haygood, HOLT CAT L-R: Ray Watkins and Greg McCaslin, Landmark Equipment

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When Rachel Hayden, president of Hayden Consultants Inc., be-gan her business in March 2000,

she went in with her eyes wide open. “I wasn’t at the point where I thought I knew everything I needed to know to run a company, but I knew enough to know what I didn’t know!” Hayden says. “I understood that I had resources and people to call on for those things.” With 10 years of consulting for other firms under her belt, Hayden had been encouraged by her mentors to start her own firm. She knew different profession-al challenges every day would prevent boredom. Hayden first set up shop at her din-ing room table and then worked from a garage apartment built in her back yard before moving to an official office. “It was really exciting when I eventu-ally got an office space,” she says. “It was almost surreal and hard to believe for the first few months when I would come to

work and think, ‘This is my office!’ It’s still hard to believe sometimes.” With 14 employees, Hayden Consul-tants Inc. has been recognized for four years as an “Aggie 100” firm” which ranks the 100 fastest growing Aggie-owned firms in the world. As honored as she is by the recognition, she is even more pleased that her employees, with whom she bonds over office poker nights and Top-Golf games, enjoy working at her firm. “I love that I get to provide a great place for people to work,” she says. “One of my goals when I started was that I wanted to provide a place where people wanted to come to work and where they felt they were really a part of something bigger than themselves. I have pretty low turnover, and I’m really pleased with that.” Dallas-based Hayden Consultants Inc. provides civil engineering consulting, sur-veying and construction management ser-vices. –mjm

Holding office

Being her own boss has proven to be rewarding for Rachel Hayden.Technical training with $2 million pieces of equipment is crucial for both efficiency and safety in this

business, and now HOLT CAT has opened a new ProTech Technical Training Facility on East Southcross Boulevard in San An-tonio. The LEED Silver facility will train tech-nicians from across the state, including HOLT CAT’s Dallas, Austin, Corpus Christi, Laredo, and Victoria, and of course, San Antonio. Allyn Archer, president and COO, and Guy Clumpner, senior vice presi-dent, were onsite for the grand opening and open house Jan. 24. “HOLT sees a serious, industry-wide need for skilled workers and this state-of-the-art facility demonstrates our commit-ment to future growth, professional training and development for techni-cians,” Archer said in a statement. Clumpner stated “This is a very so-phisticated business. The technical acu-men required to be successful in this field requires digital, computer and electronic

For the technicians of tomorrow

skills and knowledge, as well as the abili-ty to accurately diagnose and make re-pairs. Our focus is to hire and develop professional technicians who can build successful careers in one of the most crit-ical areas of our business.” At the official opening, Sen. Leticia Van de Putte and Rep. Ruth Jones Mc-Clendon both spoke about the signifi-cance of this training center to the youth entering the workforce. “Without the strong voices of HOLT CAT and others in our business commu-nity, we cannot craft an education sys-tem that meets the needs of a future workforce,” Van de Putte commented. HOLT CAT and the Caterpillar Dealer Excellence Fund recently contributed $54,000 in scholarships to nine Texas schools to support training of specialized technicians. Students and faculty attend-ed the grand opening from two of those schools, St. Philip’s College and MacAr-thur High School, which are both located in San Antonio. –mp

President and COO Allyn Archer opened HOLT CAT’s new ProTech Training Facility.

dallas construction news february 2013 issue

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