austin construction news september 2015

The Industry’s Newspaper

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The Action Gypsum Supply Austin location has outgrown its current building and will break ground on a

brand new facility in September. The building is expected to be com-plete in six months. Manager John Amsler says the com-pany started out slow in the Austin mar-ket in Oct. 2013, made good decisions and grew its customer base. “Things couldn’t be better right now,” Amsler said. “Business is booming.” Action Gypsum Supply owner Lenin Juarez purchased 28 acres off of Burle-son Road, about a mile from the location on Trade Center Dr. “Our new facility will be three times the size of the current location,” he said.

“We can sure use the extra space. “We are anxious to get into our new place. We’ll certainly have an open house event when we settle in next year.” Amsler says with a larger facility the company will be able to handle all the large jobs. “The commercial work is terrific in 2015,” he said. “I believe Austin is one of the hottest markets in Texas and Texas is one of the hottest building markets in the country.” Hobbies employees enjoy when they aren’t at work are spending time out-doors, going hunting, playing golf and going marlin fishing with customers.

L-R: John Amsler, Daissy Zaragoza, Patrick McCown, Jesse Garcia Sr. and Jesse Garcia Jr.

Owner Cecil Ballard established ACSS of Texas in the early ‘80s. Today, he continues to operate

the company and he is also a consultant for designing parking lot facilities. “I love what I do today,” Ballard said. “I get a good tan working outside in the 100 degree weather during the summer-time. I really like the Austin area too be-cause the people are nice. I enjoy inter-acting with new and existing customers.” Ballard worked as an inspector for the city and gained experience in urban transportation before he went out on his own. When he first started out, he re-paired potholes and focused on learning the business.

Since the early days, ACSS of Texas has repaired streets, bridges and other projects for large corporations in the area. “We have stayed in business all these years by providing quality work at fair price and keeping customers happy,” Bal-lard said. “In this business, it is important to do what you say you are going to do and be honest. You also have to be reli-able.” The company recently resurfaced and restriped the EZ’s restaurant parking lot in Austin.

L-R: Owner Cecil Ballard and Larry, helper

RG Tate & Associates Inc. (RGTI) has completed the Gracy Title remod-eling project at North Mopac and

Steck. The company has also worked on re-modeling projects for the Gracy Title lo-cations in Westlake and Cedar Park. According to project manager Ron Tate, RGTI, the Gracy Title project at North Mopac and Steck has a large vol-ume of old land title books going back to the 1800s and the construction team had the pleasure of designing and installing a large room of properly sized and condi-tioned storage for all the historic books, much like what is found in libraries. “The expertise of GAF Millwork Con-cepts and Dineen Berger, designer, was imperative as they spent countless hours working out the finer details,” Tate said. Tate says the environment at Gracy Title is welcoming and warm. Standard

finishes are replicated, special designs are incorporated and some elements of the existing finish-out are part of every plan. “One of our favorite benefits we re-ceive for a job well done with Gracy Title is Otis Spunkmeyer cookies - fresh out of the oven,” he said. “We work for cookies and a satisfied customer! That hasn’t changed in 25 years.” When RGTI builds spaces for compa-nies such as Gracy Title, Tate says the company recognizes that their perfor-mance makes an impact on the client’s company as a whole, the employees who work there and the clients they serve. “In the case of Gracy Title, when we open the doors to their new business, they in turn literally help all their clients open the doors to their new homes and other real property when they close a

The Gracy Title interior

Austin Construction News • Sep 2015

Specialty family

Stucco & EIFS Products • Custom Color MatchingCement, Lath & Trim Products

23703 IH-35, #101B Kyle, TX 78640512.268.5600 www.LonghornStucco.com

conveniently located to service Austin and San Antonio

Founded over 50 years ago by Clar-ence and Stella Guerrero, CG&S is a full service design-build firm. Now

run by the Guerrero’s daughter, Dolores Davis, and her husband, Stewart Davis, CG&S has evolved into an award-winning design-build company with hundreds of projects under their belt. “Our main services include whole house renovation and expansions, cus-tom new homes, interior renovations, kitchen and bathroom remodels, second story additions and large repairs,” says Dolores Davis. According to Davis, the early days at CG&S were all about her parents working with their kids. Today, the adult children have continued to grow the business. “We have remodeled our office to ac-commodate our staff and provide a beautiful space for clients to visit,” Davis says. “Our goal is simple: to be the go-to company in Austin for quality residential renovation. We also want to build one or

two custom homes per year, as some-times it makes more sense to start over than remodel.” Davis says three important factors contribute to the company’s success. “The keys to success are 1. Do really great work; 2. Treat people with common courtesy and respect; and 3. Enjoy what you do!” she says. The company celebrates its employ-ees and clients in December. “Every December, we invite our sub-contractors, colleagues and clients to our office for our annual Holiday Tamale par-ty,” Davis says. “It’s such a fun way to re-connect and catch up. This year we’ve remodeled our own office, so we’ll be able to show it off!” When not at work, employees enjoy spending time outdoors, being artists and musicians. “We even have an enthused Muay Thai practitioner - we’re a mixed bag here at CG&S!” Davis says. –ab

The CG&S staff - Photo by: The Annie Ray

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The Austin Construction News (ISSN 1547-7649) is published monthly, by Construction News Ltd., dba Austin Construction News, and distributed by mail to selected construction-related companies in Austin and surrounding counties. 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 Austin 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.

If you are a construction-related company in Travis, Hays, Bastrop, Burnet, Blanco, Caldwell or Williamson counties and are not receiving a free copy of the Austin Construction News,

please call for a Requester Form,or visit our website.

CONSTRUCTION NEWS Austin Austin Editor — Abby BeMent — [email protected] — 832-595-0091

©2015 Construction News, Ltd.

Construction News Ltd. Home OfficeP.O. Box 791290 • San Antonio, Tx 78279

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Publisher . . . . . . . . . . . . . . . . . Buddy Doebbler

Editorial/Production . . . . . . . Reesa Doebbler

Managing Editor . . . . . . . . . . . . . . . . Cyndi Wright

Production Manager. . . . . . . . . . Sue Johnson

Sales Representative. . . . . . . . . Kent Gerstner

Masons rock the Riverwalk

As part of its annual conference, the Texas Masonry Council (TMC) held its 2015 Golden Trowel Ban-quet Aug. 7 at the Westin on the San Antonio Riv-

erwalk. –mh

Residential Single Family Texas ResidenceContractor: W.W. Bartlett

Architect: Curtis & Windham ArchitectsChapter: Central Texas Masonry Contractors Association

(CTMCA)

Residential Multi Family - 3 Eleven BowieContractor: Brazos Masonry

Architect: HKSSuppliers: Christopher Stuart Cast Stone, Continental Cut

Stone, Blackson Brick Company, Featherlite, Hohmann & Barnard

Chapter: Central Texas Masonry Contractors Association (CTMCA)

Governmental InstitutionalSt. Peter Chancery – Our Lady Walsingham

Contractor: W.W. BartlettArchitect: Jackson & Ryan Architects

Suppliers: Amerimix/Oldcastle Architectural Texas, Mustang Metal & Supply

Chapter: Associated Masonry Contractors of Houston (AMCH)

Industrial Commercial - The Gates BuildingContractor: Rick Stone Masonry

Architect: Drewry MartinSuppliers: I-10 Stone Source

Chapter: San Antonio Masonry Contractors Association (SAMCA)

Hardscape Landscape - Centennial GardensContractor: Camarata Masonry Systems

Architects: Bohlin Cywinski Jackson, White Oak StudioSuppliers: Mezger Enterprises, Revels Block, Brick Co.

Chapter: Associated Masonry Contractors of Houston (AMCH)

Block/CMU - The Robert M. Rogers Nursing and Health Sciences Center

Contractor: Skinner Masonry; Architect: Smith Group JJRSuppliers: Acme Brick, Featherlite, Headwaters Construction

MaterialsChapter: United Masonry Contractor Association of DFW

(UMCA)

Education (K-12 - Mohammedi Masjid ComplexContractor: Camarata Masonry Systems

Suppliers: Mustang Metal & Supply, Upchurch Kimbrough, Siteworks, Headwaters Construction Materials, Hohmann &

Barnard, Acme Brick

Education (College, University) - Texas A&M University San Antonio – Central Academic Building & Auditorium

Contractor: Shadrock & Williams MasonryArchitect: Munoz & Company

Suppliers: Acme Brick, Featherlite, Siteworks, Kirby Stone Co.Chapter: San Antonio Masonry Contractors Association

(SAMCA)

Restoration - City of Fort Worth Public Safety Training CenterContractor: J&E Masonry; Architect: Komatsu Architecture

Suppliers: Acme Brick, Builders Equipment & Supply Co., Hohmann & Barnard, Quikrete, Texas Building Products

Chapter: United Masonry Contractor Association of DFW (UMCA)

In the Service Provider FOCUS section in the August issue, the interviewee was misidentified. Branch manager Tatiana Hiri, MEMCO, provided the inter-view. Construction News regrets the error. -ab

CorrectionPast issues of Construction News

can be downloaded atwww.ConstructionNews.net


Kenny WoodallOwner

Advantage Supply

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Advantage Supply is a family opera-tion. Kenny Woodall is the owner, his father James is the founder and

his mother JoAnn is the secretary. Woodall remembers working at the company and helping out when he was a teenager. “I learned about all the supplies dur-ing that time,” he said. “It was a good learning experience for me. “My father had a business in Hous-ton in the ‘70s and decided to branch out to Austin. We have been here ever since.” Advantage Supply sells a variety of door and window hardware and sup-plies. The company also does window repairs, patio door repairs and sells glass, mirrors and screens.

Where are you originally from, Kenny? I was born in Houston. My family and I moved to Austin about 35 years ago. What was it like growing up in Hous-ton? I always followed sports when I was a kid. I remember I wanted to be a sportswriter for years. The only sport I played was bowling. I was a decent bowler in my youth. I need to get back into bowling.

Where did you work as a teenager? My first job was working for my dad in Austin. What high school did you attend in Austin? I attended Crockett High School for my first two years and I graduated from Bowie High School. My class was the second graduating class at Bowie High School. Did you have any favorite subjects in high school? Yes, I enjoyed taking a bowling class and I also liked my English and History classes.

Did you collect sports memorabilia back then? Yes, I collected sports cards and sports collectibles in middle school and high school. I had lots of old Hotwheels, too.

What did you do after you graduated high school? I continued to work at Advantage

Supply after I graduated high school. I did a lot of the paperwork at the company and I still do today. Why do you enjoy working with your mom and dad? We see each other every day. Some-times we go out to eat together. We have been working together for so long. It is great. My dad taught me how to run a busi-ness and how to deal with customers.

What does it take to stay in business more than 26 years? It takes having good customers, staying organized, working hard and putting in long hours. My mother knows everybody and knows our inventory numbers. I don’t know how she knows as much as she does. She always amazes my father and me.

If a young person wanted to work in your industry, what advice would you give him or her? Learn all the products and focus on customer service. Treat customers the way you want to be treated. If you want to own a company, my best advice is to buy land and build your own place. That way you don’t have to pay rent and you don’t have to move. What are a few positive happenings lately? We recently moved into a new loca-tion on Todd Lane. We are now in a larg-er space. Summer is a busy time for us, espe-cially with screens and windows. I have stayed busy getting the website up and going too. Right now the commercial construc-tion industry is booming. There are lots of condominium projects going up in Austin. Do you live in Austin today? I recently moved from South Austin to Kyle. I love the area. I live five miles east of IH-35. It feels like I live in the country. It is nice and peaceful. I see cows and rabbits all the time. How long is your commute to work? It takes me about 20 or 30 minutes to get to work in the mornings. Every now and then, it will take me three and half hours if there is a wreck on IH-35.

What are your favorite hobbies when you aren’t working? I love sports and I collect sports col-lectibles such as cards and autographs. I also own a business called Kenny’s Col-lectibles. I started the company in 2012. In the beginning, Kenny’s Collect-ibles was strictly a Hotwheels shop. We focused on sports cards and collectibles in 2007. My favorite sports are football, base- ball, basketball and hockey. I have been collecting sports collectibles and Diecast cars for many years. We have an event once a month called “Trade Nights” where people bring in their sports cards and they buy, sell and trade with each other. The event

takes place in our new conference room. Starting next year, I’d like to have athletes come in to sign autographs. What sparked your interest to open Kenny’s Collectibles? I had so much inventory! We had space to run the company at our old loca-tion so we just went for it.

What are your favorite sports teams? Since I am originally from Houston, I am a Houston Texans, Rockets and Astros fan. I have seen the Rockets and Astros play live. I still need to see a Texans game at Reliant Stadium in person. One of these days I will go!

Have you seen a concert lately? I saw Shania Twain in concert at the Erwin Center this summer. It was about the sixth time I went to a Shania Twain concert. Have you seen any concerts at the Cir-cuit of Americas venue? I have never been yet! I plan to see a concert there soon though.

Do you ever go to the local lakes on the weekends? I have been to Lake Travis a few times. The Oasis on Lake Travis is a great place to watch the sunset.

Have you traveled lately? Over the years, I have traveled to hundreds of shows across the country. I have met some great people and I have found some great treasures. My father and I went to our first show back in 1978. I think it is good father and son bonding for us. It has been a lot of fun over the years. We have been to lots of shows in Austin, San Antonio and Dallas. Every now and then we will go to a show in Las Vegas. I also visited the Texas Sports Hall of Fame in Waco for a Hall of Fame induc-tion ceremony. During a trip to a show in Cleveland, I had a chance to visit the Rock and Roll Hall of Fame. Next year, I look forward to attend-ing the show in Atlantic City.

Where is a place you have always wanted to travel to? I have always wanted to travel to Eu-rope, especially Switzerland. I hope to go one day!

What are your future plans? My plans for the future are to im-prove our Advantage Supply website and continue taking care of our customers. We are looking forward to settling in at our new space on Todd Lane! –ab

Kenny Woodall checks inventory at Advantage Supply.

In my quest to find and write stories about companies in the construction industry, I often run into suspicion.

Many of you have been solicited for sto-ries about your companies from publica-tions who want something in return. But we are different! We do not charge anything for arti-cles and photos printed in Construction News. It’s such a win-win situation for your company that I’m surprised each month how difficult it can be to get a short busi-ness profile, or a photo of some recent ac-tivity by you and your employees. Again, we do not charge anything. We are not going to ask you for a list of your subcontractors. We aren’t going to circle back at a later date and send you an invoice. We don’t want anything from you except a few minutes of your time. In return, you get your company’s name in our monthly newspaper – free! Doing a business profile is really sim-ple. I’ll email you a few questions, you an-swer them to the best of your ability and I write the story! It can be done through email, on the phone or in person. Each month we feature a project on our front page. All projects are eligible -from a small renovation to a multi-mil-lion dollar project. The only catch is your company can only be featured in a proj-ect story once every five years – that way everybody gets a chance to show off the good work they are doing. Business profiles and project stories

are only the tip of the iceberg. There’s room in our papers to highlight your em-ployees. I especially like to find ones who have something unique to talk about – like an outside hobby or craft, or a recent milestone. Photos in our newspapers run the gamut: Have a new baby? Send a pic! Went fishing? Send a pic! Took a vacation, went to a concert, visited a family re-union? Send pics! Did you have a child start school this year? Send me a picture of that special first day! Got some good photos of your employees on a job site? Send a pic! Have you recently worked with a subcontractor who did a good job? Let me know so I can call them for a story. The Austin Construction News covers a large area – from Elgin to Dripping Springs and points north and south. We know you are busy – that’s a good thing! Help us spread the good news about the construction industry in Texas. Don’t be shy! Just take a look at our website: www.constructionnews.net to see how easy it is to get your name out there. When you appear in our newspa-pers, you also appear online on our web-site and possibly on our Facebook page. Each time, it’s a free opportunity to spread some positive, feel-good name recognition! Email me at [email protected] or give me a call: 832-595-0091. – Abby BeMent

Nothing to lose, all to gain


United States Green Building Council (USGBC) Chairman Scott Gerhardt represented USGBC Central Texas Balcones Chapter to present the LEED Gold recognition to H-E-B at

Mueller during its celebration honoring its environmental sustainability in July. –ab

LEEDing the waySubmitted to Construction News

Going the distanceSubmitted to Construction News

TopGolf was the place to be for the Associated General Contractors Austin Chapter (AGC) TopGolf Networking event Aug. 12. More than 100 contractors attended the event. –ab

Transferring Your Construction Business to FamilyMichael Kuchar, CPA, Shareholder of Construction GroupDoeren MayhewHouston, TX

If you’re among the baby boomers marching toward retirement, it’s critical you develop a plan to transition

out of your leadership role in your construction compa-ny. Succession planning in the construction industry should cover everything from naming a successor to choosing the right method for shifting ownership to that suc-cessor and perhaps other family members.

Find the Best Candidate The most important question ad-dressed in any succession plan is, who will lead the enterprise? If your construc-tion business is family owned, finding a successor can be difficult. Family mem-bers may be qualified but have no inter-est in taking the reins. Or they may be in-terested but lack experience. To deal with such challenges, take time now to develop future leaders. Iden-tify children or other key employees you believe hold leadership potential and ex-pose them to all aspects of running the business. Give them a well-defined path to find out what they need to do to be-come leaders of the business. And design appropriate fringe benefit and deferred compensation plans, as well as incentive pay, to help retain them until you step down.Make It a Family Affair It’s important that you encourage the entire family, whether or not they’re active in the business, to participate in planning and understand the financial and personal consequences of an unsuc-cessful succession. A common issue is how to equitably divide assets among heirs when only some of them will receive ownership in-terests in the business. If there are suffi-cient liquid assets, consider purchasing life insurance to provide for any children who won’t be involved in the business, giving ownership interests to only those who will be involved. Or, establish a fam-ily trust so the entire family shares the risks and benefits.Transfer Ownership The simplest way to transferring ownership of your construction compa-ny is to sell it to family members, if they want to buy it and can afford it. You can also transfer ownership by gifting interests over time, but there are potential gift tax liabilities associated with this approach, and you won’t gener-ate an income stream to carry you through retirement. A trust may be a better alternative for transferring ownership without creat-ing harsh tax obligations. One option is a

grantor retained annuity trust (GRAT), which will provide you with income for a term of years and then distribute the re-maining assets to your beneficiaries. The transfer of assets into the GRAT is a taxable gift, but the annuity you receive reduces the value of the gift. Interest rates also affect the value of the gift. Keep in mind that if you die before the end of the annuity period, the trust as-sets will be included in your estate and the tax advantages will be negated.Get Your Advisors Involved No matter whom you choose as your successor, get your construction CPA, lawyer, insurance advisor and a family business consultant involved to help as-sess your circumstances and create a suc-cession plan. Along with selecting a vehicle to transfer your assets, the plan should state to what extent you’ll stay involved with the company after you leave. If you stay too involved, you may inadvertently in-hibit your successors from succeeding. Your plan should create a manage-ment structure that will survive your de-parture and keep the business on sound financial footing while ensuring ade-quate liquidity to fund your retirement or a buyout. Include a buy-sell agreement in the succession plan. It allows you to re-strict transfers of ownership interests, and can help minimize income and es-tate taxes.Start Now While everyone talks about the need for a succession plan, too few actually fol-low through with developing one. It’s critical that you start the process at least several years before you plan to retire, and ideally a decade or more in advance of that target date.

Michael Kuchar, CPA, is a Shareholder and leader of Doeren Mayhew’s dedicated Con-struction Group in Houston. A top 100 U.S. firm, Doeren Mayhew’s CPAs and business advisors serve more than 500 suppliers and general and specialty contractors doing business domestically and abroad. For more information, visit www.doeren.com.

Non-owned automobiles on company businessMark Gaskamp, CSP, CRM, CIC, CPCU, ALCMManaging DirectorWortham LLC Austin, TX

Are you “financially safe” on the Texas roadways? Ac-cording to the Insurance Information Institute you

have better than a 1 in 10 chance of being involved in an accident with an uninsured motorist. And even if the

other party does have insurance, in Texas the current minimum liability limits are $30,000 for each injured person, up to a total of $60,000 per accident, and $25,000 for property damage per accident. This basic coverage is called 30/60/25. Is that enough to pay for your doctor bills, lost wages or your damaged vehicle?

Why is this a topic for a construction newsletter? Well, most construction op-erations have what is referred to in the insurance world as “non-owned” auto ex-posure, that is, individuals who are driv-ing their personal vehicles (i.e. not owned by the company) on company busi-ness. Any job superintendents, field staff, safety manager, etc… driving their own vehicle during the work day for business purposes other than the commute to and from work fall into this category. Should an individual be involved in an accident while in the scope of employ-ment, their personal auto coverage is pri-mary and the company’s insurance cov-erage is secondary. It is a good risk management prac-tice to not only require a certificate of in-surance for auto coverage from those driving on company business on a regu-lar basis, but require minimum limits of coverage, so the company’s insurance does not become financially responsible. 100/300/100 or a $300,000 combined single limit are the generally accepted standard for most organizations and commercial insurance carriers. Why should the limits be increased beyond the state minimums? Well, prob-ably half the vehicles on the road today cost more than $25,000, so if you hit one of those vehicles, the physical damage limit may not be enough to pay for the car. That means if you have state mini-mum limits and you cause an accident resulting in totaling a $75,000 Ford Rap-tor, the additional $50,000 comes out of your pocket. The same is true for a liabil-ity suit, which could far exceed the $30,000 minimum limit. The good news is the cost to increase

the limits is nominal. I had our personal lines staff provide an estimated premium change to increase limits from 30/60/25 to 50/100/50, the cost was about $50 per year. To increase up to 100/300/100, the cost was another $50. So for about $100 per year, you can get four times as much coverage. My experience has been that many drivers are not even aware of the risk or the minimal cost to increase their limits. This is an good topic of discussion with your drivers, to encourage them to in-crease their insurance limits from the state minimums to those outlined above, to not only benefit the organization by insulating your commercial auto policy, but as good “personal risk manage-ment” for those individuals driving on our busy Texas roadways.

Mark Gaskamp is a managing director for Wortham Insurance & Risk Manage-ment in Austin. He is a part of the Wortham Construction Industry Practice Group where his responsibilities include partnering with clients to manage safety and risk manage-ment exposures to reduce their cost of risk. He previously served as a Risk Control re-gional supervisor and as a senior under-writer for St. Paul and Travelers organiza-tions and as a national risk consultant for Corporate Systems. He is actively involved in the Association of Building Contractors and Association of General Contractors safety committees, and is a national faculty member of The National Alliance's Certified Risk Manager's (CRM) program. For more information contact Mark at (512) 532-1536 or [email protected] or visit www.worthaminsurance.com.

Past editions can bedownloaded at

www.ConstructionNews.net

Did youknow?


Personal Protective Equipment Joann NatarajanCompliance Assistance SpecialistOSHAAustin, TX

The Occupational Safety and Health Administration (OSHA) requires that employers protect workers from

workplace hazards that can cause injury or illness. Con-trolling a hazard at its source is the best way to protect

workers. However, when engineering, work practice and administrative controls are not feasible or do not provide sufficient protection, employers must provide person-alprotective equipment (PPE) and ensure its use.PPE is equipment worn to minimize exposure to a variety of hazards. Examples include items such as gloves, foot and eye protection, protective hearing protection (earplugs, muffs), hard hats and respirators. On May 15, 2008, a new OSHA rule about employer payment for PPE went into effect. With few exceptions, OSHA now requires employers to pay for personal protec-tive equipment used to comply with OSHA standards. The final rule does not create new requirements regarding what PPE employers must provide. The standard makes clear that employers cannot require workers to provide their own PPE and the work-er’s use of PPE they already own must be completely voluntary. Even when a worker provides his or her own PPE, the employer must ensure that the equipment is ade-quate to protect the worker from hazards at the workplace.

Examples of PPE that Employers Must Pay for Include:§ Metatarsal foot protection§ Rubber boots with steel toes§ Non-prescription eye protection§ Prescription eyewear inserts/lenses for full face respirators§ Goggles and face shields§ Fire fighting PPE (helmet, gloves, boots,proximity suits, full gear)§ Hard hats§ Hearing protection§ Welding PPE

Employers are not required to pay for some PPE in certain circumstances:§ Non-specialty safety-toe protective footwear (including steel-toe shoes or boots) and non-specialty prescription safety eyewear provided that the em-ployer permits such items to be worn off the job site. (OSHA based this decision on the fact that this type of equipment is

very personal, is often used outside the workplace, and that it is taken by workers from jobsite to jobsite and employer to employer.)§ Everyday clothing, such as long-sleeve shirts, long pants, street shoes, and nor-mal work boots.§ Ordinary clothing, skin creams, or other items, used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, rain-coats, ordinary sunglasses, and sun-screen§ Items such as hair nets and gloves worn by food workers for consumer safety.§ Lifting belts because their value in pro-tecting the back is questionable.§ When the employee has lost or inten-tionally damaged the PPE and it must be replaced.

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West W. Winter, PartnerMcNelis + Winter, PLLCSan Antonio, TX

When faced with non-payment for work performed or materials provided for the improvement of con-

struction projects in Texas, the most powerful remedy available to contractors, sub-contractors and suppliers is the mechanic’s and materialman’s lien. Statutory mechan-ic’s liens are governed by Chapter 53 of the Texas Property Code and, if timely and properly perfected, secure payment rights against the project. In addition, contractors having an agreement directly with the project’s owner may be able to avail them-selves of constitutional lien rights that exist independently of any notice or recording requirements, pursuant to Article XVI, Section 37, of the Texas Constitution.

While mechanic’s lien rights are well know and frequently asserted in the con-struction industry, some lesser known nuances in the law may apply to salvage mechanic’s lien rights in certain situa-tions where a subcontractor or supplier has missed the required pre-lien notice deadlines. One such situation involves Sham Contracts where the purported owner and general contractor are essen-tially one in the same.

Sham Contract Provision As set forth in Section 53.026 of the Texas Property Code, when a person contracts with another, and that other person controls or otherwise is con-trolled by the owner “through ownership of voting stock, interlocking director-ships, or otherwise”, the person perform-ing the labor or furnishing materials is deemed to be in a direct contractual rela-tionship with the owner and has a lien as an original contractor. The same result occurs when the contract was made by the owner “without the good faith inten-tion of the parties that the other person was to perform the contract.” When the Sham Contract provision applies, the unpaid subcontractor or sup-plier should be considered to be in a di-rect contractual relationship with the owner and gains original contractor sta-tus. Along with original contractor status, the unpaid subcontractor or supplier also has lien rights as if it were an original contractor. Accordingly, the mandatory notice requirements generally applicable to subcontractors and suppliers for per-fecting statutory mechanic’s liens should not apply, and the unpaid subcontrac-tors or suppliers may be able to perfect their lien rights as original contractors despite a failure to comply with the Prop-erty Code notice requirements. Another benefit derived from the Sham Contract statute is that a constitu-tional lien is available to a person per-forming work or supplying materials to a sham contractor if such work or materials

are covered by Article XVI, Section 37, of the Texas Constitution (i.e. buildings and articles). The recent appellate court deci-sion of Trinity Drywall Systems, LLC v. Toka General Contractors, Ltd. confirmed this benefit in holding that the Sham Con-tract statute, by improving the subcon-tractor’s position in the construction con-tract chain, allows a subcontractor hired under a sham contract to assert and en-force a constitutional lien because he is deemed to have a direct contractual rela-tionship with the owner.

Other Considerations Even though a constitutional lien is self-executing, a lien affidavit should still be filed of record in the county where the property is located to protect the en-forceability of the lien against subse-quent good faith purchasers. Be aware that suit must also be filed to enforce/foreclose a mechanic’s lien claim within the applicable limitations periods or the lien will be extinguished. Contractors, subcontractors and suppliers facing non-payment should closely scrutinize the specific parties, facts and circumstances involved as early as possible so they may be fully informed about the requirements for proper lien perfection and whether they may avail themselves of any applicable legal nu-ances to salvage their lien rights and ef-fectuate payment. Whether or not a me-chanic’s lien has been perfected, unpaid parties involved in construction projects will typically have other viable causes of action including breach of contract.

West W. Winter is a partner at McNelis + Winter, PLLC. A LEED Green Associate, West serves on the board of the Construc-tion Law Section of the San Antonio Bar As-sociation and has been listed as one of the Best Lawyers in San Antonio for Construc-tion Litigation. West can be reached via email: [email protected].


Seeing a need in the market

CEO Sean Barber started the tank division of Poly-Mart in 2011 with his business partner, Sean Bravo.

“We have quickly become the tank manufacture synonymous with rain har-vesting,” Barber said. “Austin is the epi-center for the rain harvesting movement in the country, and the movement is still in its infancy. “2015 has been an exciting year for us as we will soon have the capabilities to manufacture tanks as large as 20,000 gal-lons.” Barber and his father Richard also operate WRP Containers. The company manufactures commercial trash dump-sters that are a "hybrid" of plastic and metal. “My father and I have been manufac-turing and selling these dumpsters for 12 years nationally,” he said. “It was exciting working with my my dad developing the dumpster line. I went to school full-time at the University of California-Irvine and worked either in the

early mornings before school or nights to help get this product line going.” Barber says at first people were skeptical of trying out a hybrid container over their existing metal dumpster, but once they did they were won over by the benefits the dumpster provided such as lower worker’s comp claims, quieter pick-up, no body rusting, easy graffiti removal and less stress on the hydraulics of the trucks. Barber enjoys spending time with his family, reading and exercising after work. Bravo enjoys visiting his family, hik-ing, camping and snowboarding in his free time. Poly-Mart manufactures rotationally molded polyethylene tanks for water stor-age, rainwater collection, chemical and liq-uid storage, liquid transport and spill con-tainment. WPR Containers manufactures rota-tionally molded hybrid front and rear load containers. –ab

L-R: Sean Barber, Richard Barber and Sean Bravo

Always exploring

President and CEO Austin Charlton, AJ Drilling, is a dreamer

and an adventurer at heart. Before he became an entrepreneur, he traveled to foreign countries and worked as a deep-sea div-er underwater welder for 15 years. “I am glad I chose to work in the construction industry because it is nev-er boring and I have had the opportunity to meet so many great people,” Charlton said. “I saw an op-portunity in this industry and I thought it would be a great challenge.” Charlton opened AJ Drilling in 1997. The com-pany just added their larg-est piece of equipment in 2015. “The new drill rig will be the largest we have to date,” Charlton said. ”We will be able to drill anything Mother Nature has to throw at us. This will allow us to drill even the hardest rock in the Highland Lakes area.” According to Charlton, AJ Drilling just started a job for the Dripping Springs Independent School District with Key-stone Concrete and Lee Lewis Construc-tion in September just outside of Drip-ping Springs for their new elementary and middle school project.

When he is not at work, Charlton en-joys going to family gatherings at his lake house on Lake LBJ where he and his fam-ily like to barbecue and go out for mid-night cruises on the boat to look at the stars. “In the future, we hope to build a new office and continue to expand the company.” AJ Drilling handles commercial, retail and industrial foundation drilling work. –ab

Austin Charlton looks over the new drilling rig.

L

Glass actConstruction News JOB SIGHT

L-R: Gilbert and Michael Miras, Alpha Glass Co., install storefront glass at the Mega Furniture project on Research Blvd. –ab

DOG day

Dallas has a new Dog house. BIG RED DOG Engineering/Consult-ing, which employs more than

100 engineering professionals in Austin, Houston and San Antonio, has expanded its reach to North Texas with the estab-lishment of a Dallas branch. The office, located at One Energy Square, 4925 Greenville Ave., Suite 1250, positions the company to serve clients in a booming Metroplex. “We opened the firm in 2009, and now six years later we’re happy to have finally landed in Dallas,” CEO Will Schni-er says. “It’s very gratifying to be in four major markets in Texas now. [Dallas] is the ninth largest market in the country and has an unbelievably high volume of construction activity and new construc-tion starts, both in multi-family but also commercial construction, so it was natu-ral for us to expand our footprint here. Our business plan really has us being all throughout the state of Texas, so this was the next step for us.” The new office will also have a new president, Doug Barrilleaux, PE, who re-cently joined the firm as a partner. “I’m really excited about being a part of the BIG RED DOG team,” Barrilleaux

says, adding that he plans to expand the Dallas team to a staff of ten by year’s end. On Jul. 22, the company hosted a ribbon-cutting ceremony, inviting clients and friends to tour BIG RED DOG’s newest location, meet the team and learn about the company that is one of Texas’ 50 fast-est growing. BIG RED DOG is a Texas-based civil and mechanical, electrical and plumbing (MEP) engineering firm. –mjm

Doug Barrilleaux, PE will lead the new Dallas office as president.

Big Red Dog Houston office president Bob Brown, CEO Will Schnier, PEand Austin office president Brad Lingvai, PE


BAFFIN BAYLAGUNA MADRE

LAND CUT

SPECKLED TROUT

REDFISHFLOUN DER

FISHING AND HUNTING TRIPS

STEVE SCHULTZOUTDOORS, LLC

www.baffi nbaycharters.comsteveschultzoutdoors@

gmail.com

(361) 813-3716(361) 334-3105

U.S. Coast Guard &Texas Parks and Wildlife Licensed

Fall intoRedfish Action

by Capt. Steve Schultz

Sponsored by:Premier Yamaha Boating Center, Majek Boats, E-Z Bel Construction, Power Pole

Shallow Water Anchor, AggregateHaulers, ForEverlast Hunting and Fishing

Products and Columbia Sportswear.

As September rolls around, most sportsmen are starting to get the itch for shooting something. The

first of the month kicks off opening day for dove season in the north and central zones across the state and while a lot of folks will be lining up their sights on dove, we will be sighting in on redfish. This is the best time of the year for herd-ing schooling reds in the Laguna Madre.

Dan McCarty of San Antonio still getting it done with this 31-inch redfishcaught along the shoreline of the King Ranch. Great to see him on the water.

Photo by Steve Schultz Outdoors.

Typically starting in mid-to late Au-gust, schools of bull reds and drums can be found frequently along the banks of the King ranch shorelines chasing bait as they make their way to the Gulf of Mexi-co. These schools (some ranging from 20 to 300 fish), can make for a full day of rod bending, muscle aching action you only read about in magazines and on the in-ternet. After Labor day weekend, most of the vacationers are headed back north and this relieves a lot of pressure on our bays.

Catching redfish can sometimes be very challenging due to their very picky eating habits. I’ve seen reds follow a gold spoon for yards only to turn and swim away at the last minute. There are several different strategies when fishing for reds. Wading the shallow flats around shell reefs and grass beds is one of the most enjoying techniques and also my favorite. These areas can also be worked with a shallow draft boat rigged with a good trolling motor or a push pole.

When wading for reds I like using a 1/8 oz. Johnson Gold Weedless Spoon at-tached with a 20# shock leader and a swivel. This spoon is small enough to work slow in shallow water and won’t spook the fish like some of the bigger baits will. If the wind is up and stalking quietly isn’t a factor try using a topwater plug like a Top Dog Jr. or a Super Spook. These baits will more than likely trigger some larger redfish as they imitate a mul-let in distress. When working topwater lures for reds, remember to work them slow and don’t jerk too soon when you get a blow-up. Redfish mouths are on the bottom of their heads and they must turn sideways or attack from the top to inhale the surface bait.

Live bait is another effective tech-nique for producing big boxes of redfish. Local marinas have gone to great lengths to catch and keep bait alive for guides and sport fishermen. Croakers and Piggy Perch are the main live baits during this time of the year. Shrimp will be making their way back into the bay system as the waters get cooler. Fall marks the start of a new fishing season with fewer boats on the water and less pressure in your favorite fish spots. Come down and enjoy the cooler weather and some of the best fishing Texas has to offer. To schedule your next bay fishing trip give Capt. Steve Schultz a call at 361-813-3716 or 361-334-3105 or e-mail him at [email protected]. Good luck and Good Fishing.

TexasStyle

San Antonio Austin Dallas/Fort Worth Houston South Texas

www.constructionnews.netpublishing the industry’s news


Into the sunsetSubmitted to Construction News

Regional marketing manager Ben Garner, Equipment Depot, took this photo of one of his Registered Texas Longhorns in a pasture at DGF Longhorns this summer. –ab

Half or Full Day Fishing Trips

All Bait, Tackle & EquipmentFurnished

Your catch Filleted andBagged for You

Furnish your TPWD FishingLicense & Refreshments,

and WE DO THE REST!

Ken Milam Guide Service(325) 379-2051

www.striperfever.com

Ken Milam’s Fishing LineSince 1981, Ken Milam has been guiding fishing trips for striped bass on Lake Buchanan in the Texas Hill Country,. You can hear Ken on radio on Saturday and Sunday mornings, 6-8

AM on AM 1300, The Zone – Austin, or http://www.am1300the zone.com

If you spend much time on the water you may have noticed something new happening in the fishing community.

Kayak fishing is really taking off! You may have seen these guys slip-ping silently across the water at dawn in what look to be one man battleships. They have a strong looking sleek hull with all kinds of arms and appendages sticking out of them and some even look like floating UFOs outlined in bright col-orful fish attracting LED lights. Most im-portant they are able to quietly access the most remote and tricky fishing spots without any fear of damage to their boat or motor. They can be paddled, pedaled or have their own custom trolling motor.In short, kayak fishermen are often fish-ing where you want to be without fear and for a fraction of the money it may have cost you to get there! The financial upheaval that we went through a few years ago caused some-thing of a revolution in the boating in-dustry. It became difficult for anyone to get financing for a boat and an awful lot of us found ourselves less willing to pay as much for a new boat in our new econ-omy as we used to. It was a hard wake up call. We all know what a resourceful lot fishermen are. It didn’t take long for peo-ple to start adapting recreational kayaks to be used for fishing! Look at the advan-tages. If you can walk down to the water, you can drop in your kayak. No more finding a boat ramp and waiting your turn. You can slip your rig into the back of your pick-up or just car-top it. No more maintaining and dragging a trailer – the money you save on gas can buy you a room! Best of all you can get a fully rigged, (fish finder, gps, baitwell, rod holders, lights and you name it) for a frac-tion of the cost of a conventional boat! All of these things make kayak fishing a very attractive option for beginning an-

glers just starting out and seasoned pros alike. It’s not a problem if your fishing buddy can’t go, and if he can go, he can have his own kayak and end the competi-tion for who gets what part of the boat.Kayak fishing works for any kind of fish-ing you want to do. It is easy to learn about. You can go online and find fishing forums pertaining to whatever you want to learn. It doesn’t matter if you like crap-pie fishing along a quiet freshwater shoreline or you want to shark fish at the coast. It is being done! Go check any lo-cal kayak shop and you will see the latest in fishing innovations. There are even several good tournament trails with nice pay outs out there! Best of all, if you want to get started, this is a good time to do it. You know fishermen, there are always a better boats and better gear on the horizon, so people are always upgrading their equip-ment and selling what they have to trade up. The price is right, so you can often get top notch boats and accessories. Even if kayak fishing doesn’t turn out to be for you – bear in mind there are more kayaks sharing the water with you, so keep a watchful eye out while you are running across the water.

The new wavein fishing!

Kayak fishing

Kayak fishing at the falls

Gary and Maria Joeris, Joeris General Contractors, took a 14-day motorcycle ride through Germany, Austria, Switzerland and Italy. This is one of the stunning views they

stopped to enjoy in Switzerland. –mh

European road tripSubmitted to Construction News


Turning the Page

for your Growth, Strength & Profi tsConstruction News

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Coming together for family fun

What began as a small firm in Houston in 1935 is Lockwood, Andrews & Newnam (LAN) to-

day. Now celebrating its 80th anniversa-ry, LAN has more than 300 employees in offices across the U.S., including San An-tonio, Austin, Dallas, Fort Worth, Corpus Christi, College Station, San Marcos, Waco and its corporate headquarters in Hous-ton. Mason Graves Lockwood and Wil-liam McIntosh Andrews started the firm and in 1946, Frank H. Newnam Jr., a civil engineer and classmate of William An-drews at Texas A&M, joined the firm as a partner. In 1956, the firm took on the name it is known by today. After incorpo-rating in 1961, the firm grew rapidly and established offices in several Texas cities. In 1991, LEO A DALY, an international ar-chitecture and engineering firm, ac-quired LAN, and expanded LAN’s services and its horizons around the world. “Once I became the president in 1997, I diversified the firm into multiple

80 years moving forward

markets of water, wastewater, transit and transportation,” comments Dennis Pe-tersen, president. “The diversification was one of the key elements that I want-ed to implement. As we expanded into these markets, it gave us a pretty broad base to operate from. “Also, I wanted to ensure that when the bad times hit, and we all knew they would at some point, we would be able to keep moving forward. Since 1998, de-spite the recent economic recession, we have been profitable every year and have grown substantially.” In Austin, LAN has worked with Tx-DOT to develop, design and construct the SH 71 Express Toll Lanes and was se-lected lead designer for the MoPac Ex-pressway improvements at Slaughter Lane in Southwest Austin. LAN is a full-service consulting firm that offers planning, engineering and pro-gram management services. LAN is a divi-sion of LEO A DALY. –mh

Employees celebrated the opening of LAN’s new Austin office on Jul. 8 of this year.Photo courtesy of Lockwood, Andrews & Newnam, Inc.

The last steel beam was placed

on the on the Texas Advanced

Computing Center (TACC) during a topping out

ceremony on Aug. 5 on the University of Texas J.J. Pickle Research Campus

in Austin. Members of the O’Connell Robertson and

Flintco design-build team, along with UT

System and TACC faculty and staff, signed the beam

before it was lifted to the top of the

building. –ab

Steel the oneSubmitted to Construction News

SpawGlass hosted the employee picnic for its Austin and San Antonio divisions Aug. 1 at Landa Park in New Braunfels. L-R: Laurie Ingle, vice president of human resources;

Kirby Baird, Austin division president, and his wife –mh

L-R: Angela Perfetti, risk management, Houston; Joel Stone, CEO; Laurie Ingle(Photo bomber Bill Venable, Austin building services manager)

15 to 500 TonCapacitiesAvailable for yourToughest Projects

www.alamocrane.com

San Antonio (210) 344-7370Austin (512) 282-6866State Wide (800) 880-0134

36 Years of Service to Texas

fromEl Paso to Beaumont

Amarillo to Brownsville

Hanging iron on anotherwarehouse. Get’er done sothe people can go shopping.


L-R: Mackie Bounds, Kris Cline, Kent Bounds and Kelsie Bounds, Brazos Masonry, played in the Central Texas Masonry Contractors Association (CTMCA) annual Golf

Tournament at Teravista Golf Club in Round Rock. –ab

On the greensSubmitted to Construction News

Construction News JOB SIGHT

Wet paint

Julis Cruz, Smart Painting, paints the parking lot at the Expo Business Park in Austin. –ab

Bill of good

The veteran unem-ployment rate is a full point higher

than the national average. At the same time, the con-struction industry is expe-riencing an alarming la-bor shortage. Where is the discon-nect? National Roofing Partners’ sales and mar-keting coordinator (and army veteran) David Hu-val and president Dale Tyler believe it involves how the G.I. Bill is struc-tured. Huval left college and enlisted in the Army after the Sept. 11 terrorist at-tacks, spending part of that time deployed in Iraq. Because he had signed up for the G.I. Bill, he could afford to return to his studies at Texas Tech University and find employment with NRP. He acknowledges, however, that using those funds is a complicated process not always clearly explained to veterans. More importantly, a lot of veterans are unaware that the G.I. Bill covers more than just a 2-year and 4-year college education. According to Huval, the G.I. Bill can be used for several different educational programs including correspondence training, entrepreneurship training, flight training, undergraduate and graduate degrees, licensing and certification reim-bursement and vocational/technical training. Tyler says the recession caused work-

ers to leave the construc-tion industry in droves and that major projects are be-ing shelved due to the la-bor shortages. It is the rea-son he and Huval endorse House of Representatives 2551: Veterans’ Entry to Ap-prenticeship Act. If passed, the bill would ensure that veterans have the ability to use their G.I. Bill to cover the cost of Dept. of Labor approved pre-apprentice-ship programs that teach skills and techniques to prepare them for appren-ticeship training or careers in the skilled-labor trades. “It expands veterans opportunities, helping them start promising new careers, transitioning leaders out of the military and into these industries,” he said. Tyler agrees. “It will give veterans the flexibility to use their own benefits for something

other than a college degree. College is ex-pensive and it’s not for everyone,” he says. Huval and Tyler suggest that con-tacting your local senators and represen-tatives is the key to getting HR 2551 – which currently has a 1% chance of being enacted – passed. “The more people we put this in front of, the more steam this is going to get,” Huval says. National Roofing Partners in Coppell offers a single point of contact to Tier I roof-ing contractors nationwide. –mjm

Dale Tyler

David Huval

Round-UpThe DCA Construc-tion LP Austin of-fice has recently hired Jon Hunter as project manager. He has a degree from Southern Cali-fornia State in Chi-co, CA.

For the long haulSubmitted to Construction News

Dan Matthews, Texas Hauling, starts his day hauling materials in Austin. –ab

SubmissionsEmail with “Round-Up” in the subject

line (w/digital photo, if available)by the 15th of any month, for the

next month’s issue to:

[email protected]


All the right equipment Stand out builds

The Texas Building Branch of Associ-ated General Contractors traveled to beautiful Squaw Creek Resort in

Lake Tahoe July 28-31 for the 2015 con-vention. Twenty-two projects were given Outstanding Construction Awards from the annual competition. –cw

2014 Outstanding Construction Awards

B2 Building ($2 - $5M) Mary Couts Burnett Library West Façade,Linbeck Group LLC (TEXO) B4 Building ($10 - $30M) Parc Binz One, Linbeck Group LLC (Hous-ton) B5 Building ($30 - $75 M) The University of Houston Student Cen-ter Redevelopment, Tellepsen (Houston) B6 Building (Over $75M) Tobin Center for The Performing Arts, Linbeck Zachry Joint Venture (San Anto-nio) DB1 Design Build ($0 - $10M) KSAT12 Television News Station Head-quarters Addition & Renovation, Bartlett Cocke General Contractors (San Antonio) DB2 Design Build ($10 - $30M) The Treehouse Memorial City, Anslow Bryant Construction LTD (Houston) DB3 Design Build (Over $30M) Parkland Logistics Center, Byrne Con-struction Services (TEXO)

HC1 – Health Care ($0 - $10M) Parkway Surgical & Cardiovascular Hospi-tal, Skiles Group Inc. (TEXO) HC2 – Health Care ($10 - $30M) Texas Healthcare Outpatient Center Wil-low Park, Ridgemont Commercial Con-struction (TEXO) HC3 – Health Care (Over $30M) Sky Tower at University Hospital, Zachry Vaughn Layton Joint Venture (San Anto-nio) Historical Renovation TAMU Jack K. Williams Administration Building Renovation, J. T. Vaughn Con-struction, LLC (Houston) IF1 – Interior Finish-Out ($0 - $500K)Texas Health Ben Hogan Sports Medicine Southwest Fort Worth, Skiles Group, Inc. (TEXO) IF3 – Interior Finish-Out ($2 - $5M) Vogel Alcove, MAPP Construction (TEXO)IF4 – Interior Finish-Out (Over $5M)Francis Hall Renovation, Satterfield & Pontikes Construction, Inc. (Houston) IW2 – Industrial/Warehouse (Over $5M)Greens Crossing Tract A – HD Supply, Dyad Construction LP (Houston) RMF – Residential Multi-Family EastTexas Baptist University Centennial Hall, JE Dunn Construction (TEXO) RSF – Residential Single Family Malone Cliff Residence, Sebastian Con-struction Group (TEXO)

SC – Specialty Construction, Dock & Deck Additions on Lake Brazos, Barsh Company (Centex)

IF2 – Interior Finish-Out ($500K - $2M) – University of Texas, Active Learning Classrooms Renovation, McCombs School of Business, Sabre Commercial, Inc. (Austin)

B1 Building ($0 - $2M) Nolan Creek Pedestrian and Bike Trail Extension,Barsh Company (Centex)

B3 Building ($5 - $10M) McGregor ISD New Primary School, Mazanec Construction Co.

Inc. (Centex)

IW1 – Industrial/Warehouse ($0 - $5M)VA Energy Center, Mazanec Construction Co.

Inc. (Centex)

The We Rent It Bastrop location had the best month it has had in 2015 in July.

In 2013, We Rent It added three new stores by acquiring Derrick Equipment Rental’s locations and assets in Caldwell, Bastrop and Elgin. The company expanded to two more stores in 2014, acquiring Longhorn Equipment Company’s assets and loca-tions in Buda and Schertz. The company also has locations in Schertz and Bryan. Bastrop store branch manager Ro-land Duran says things haven’t slowed down since. “We are having a great summer,” Du-ran said. “I stay busy with salesmen at the counter to help walk-in customers.” Roland says the Bastrop store also recently remodeled the showroom and now has a larger inventory of contractor supplies. Brady Love, inside salesman, takes phone calls and finds equipment and supplies for customers on a daily basis.

“I am excited for the opportunity to meet a lot of people in the construction industry,” Love said. “Our customers al-ways have so many stories to share with us.” Love says employees look forward to attending an annual company Christmas party. The company also has grand open-ing events each time a new location opens. “When I am not at work, I like to at-tend car shows and work on cars at my home,” Love said. “I sold my 1970 Chevy pickup truck this summer. Now I am working on a Camaro.” Roland says he likes to participate in local barbecue cook-off events during the year. He has participated in cook-offs in Elgin, Lockhart and Buda in the past. “If we continue to grow, we are look-ing to add another building at our Bas-trop store,” he said. We Rent It provides rental equipment and contractor supplies. –ab

L-R: Brady Love and Roland Duran


Green Building

Cleaner water through greener design

Steve Lin, Senior Project ManagerBig Red Dog EngineeringSan Antonio, TX

Amanda Saldivar, Project EngineerBig Red Dog EngineeringSan Antonio, TX

In Texas, rain is precious. After the last several years of relentless drought, the

spring brought record levels of precipita-tion across the Lone Star State. When we finally get rain, it can have its drawbacks, including some problems that can be re-duced through green building – or green engineering. Every day, contaminants build up on the concrete and pavement, and then rainwater washes them all away. That storm runoff we see with an oily rainbow film floating on the surface gets washed into creeks and rivers. This is just one of the environmental issues Low Impact De-sign (LID) aims to address. “It’s what we refer to as best man-agement practices (BMP),” says Steve Lin, senior project manager at Big Red Dog Engineering. “There are some municipali-ties that require LID as part of their proj-ects, such as the City of Austin. It is cur-rently optional in San Antonio, but we feel it’s going to be more prevalent here in the coming years.” Many LID features are associated with water quality and the treatment of stormwater. One technique uses bio-swales, which capture stormwater runoff

and aid in filtration so that anything washing off the pavement of a parking lot, for example, can be filtered before the harvested rainwater is discharged into a nearby creek. With San Antonio sitting on top of the Edwards Aquifer zone, development above the aquifer has requirements to treat and filter the water, but Lin points out that the southern half of the city does not have a water code along those lines. Lin observes, “Most of the LID fea-tures are an option and above and be-yond your standard developer’s intent, but we do find these LID features are more predominant in downtown San An-tonio – projects that use rainwater har-vesting and they’re integrated within an irrigation system, and a lot of bioswales.” Other features that LID uses towards water quality improvement include planter boxes and sand filtration. Divert-ing stormwater through a planter box al-lows the soil to act as a filter. The same is true of sand. And in particularly urban settings, putting a garden on the roof-top, or a “green roof,” where the garden acts as a filter and the underlying drain-age system captures the water, the runoff

coming out of the gutter system will be relatively cleaner. These filtration methods actually clean the water, removing contaminants from standard litter to oil and coolant drippings. Also, when developing an un-touched site, these LID features might be able to offset some of the tree mitigation or tree replacement. “The City of San Antonio has its spe-cific tree requirements,” explains Aman-da Saldivar, project engineer. “If we were developing on a completely green site – undeveloped with several trees – when trees are knocked down, the city requires that a certain ratio gets replanted [tree mitigation], or there is a fee that you can pay instead of having to plant those trees.” She notes that it is possible to incor-porate some of the previously mentioned LID features as an option in lieu of mitiga-tion, and having a LID feature would be considered eligible for LEED points, but since it’s not in the city’s code yet, these credits are determined on a case-by-case basis.

Engineers are one of three primary parties involved in the LID process. Archi-tects and, in many cases, the landscape architect, work together with the engi-neers to make these features part of the design. Lin notes that some of these fea-tures require what they call “engineered soils” because the soils have to meet some sort of permeability range, and in that case, the design team may also enlist the help of a geotechnical engineer to achieve the proper utilization of the LID feature. “I personally feel that LID is going to be introduced into code in the future, and I believe, the way development is headed, that you’d see more LID features being utilized and integrated in projects,” predicts Lin. Saldivar adds, “And in the long run, we’re helping ourselves, especially when it comes to [issues of] water contami-nants and polluting of local streams and rivers.” Big Red Dog Engineering is a civil and MEP engineering firm based in Austin with offices in San Antonio, Houston and Dallas. –mh

From promise to performance: the LEED Dynamic Plaque

Gautami PalankiU.S. Green Building CouncilWashington, D.C.

Since its earliest days, the U.S. Green Building Council (USGBC) has pushed

the boundaries of green building design, construction and operation with a com-mitted team and expert volunteers from across the industry. Known for develop-ing the Leadership in Energy and Envi-ronmental Design (LEED) building rating system, USGBC’s mission of market trans-formation is alive and well. LEED is used by 65,000 projects worldwide. After 15 years of growth and evolution, the indus-try is ready to embrace performance measurement, adding to the promise of lower impact. The LEED Dynamic Plaque offers this dimension, measuring out-comes from sustainable strategies imple-mented in buildings. The LEED Dynamic Plaque helps properties gather building data to visual-ize a robust, yet simple, LEED Perfor-mance Score on scale of 1 to 100. The score updates as often as new data is provided and reflects the building’s en-ergy use, water use, waste management, indoor air quality, occupant satisfaction, and carbon emissions. Any building or commercial interior space can receive a

performance score, by manually or auto-matically submitting measured data (e.g., kilowatt hours of energy, gallons of water, interior carbon dioxide levels, etc.), and any LEED-certified project can use it to recertify to LEED every 12 months. Recertification follows the famil-iar LEED certification levels, i.e., a score of 80+ reflects Platinum. Project teams using the LEED Dy-namic Plaque give it high praise. The JBG Companies, Akridge, and the Tower Companies led the adoption of the LEED Dynamic Plaque in Washington, D.C. To-gether, they represent approximately 20 million square feet of LEED registered and certified space in the District. The companies use the platform in select properties to manage holistic building performance and collaborate with build-ing users, demonstrating leadership and innovation. Jessica Long, sustainability manager with The JBG Companies, is a key player in the development and adoption of the JBG Commercial Sustainability Program. She sees sustainability as a growing con-cern for investors, a means to improve

the value of assets, and take responsibili-ty as environmental stewards in a com-munity they own and develop buildings in. The sustainability group continues to engage building users, the primary drivers of resource use, in lowering the environmental impact of the building. Long says, “The LEED Performance Score provides a succinct way to communicate information beyond energy and strategi-cally identify areas for improvement.” At Akridge, corporate leadership, in-ternal policies, and community involve-ment are the building blocks for goal achievement as they endeavor to lead the industry in innovative sustainability practices. Kaitlin Brokaw, senior property manager at the Homer Building, an out-standing combination of new develop-ment and historic preservation, describes a “commitment to a long-term vision that entails using new technology and consci-entious planning to minimize negative environmental impacts on the city, the region and the planet.” The organization’s efforts to increase visibility and transparency are evident from the publicly available key perfor-mance indicators on their website. The LEED Dynamic Plaque proactively sup-plements these ongoing efforts, provid-ing up-to-date scores for participating properties and annual recognition through LEED recertification. Communication and collaboration are as important as implementation when it comes to sustainability efforts and special projects, agrees Eugenia Gre-

gorio, director of Corporate Responsibili-ty at Tower Companies. The LEED Perfor-mance Score provides a tangible metric that resonates with stakeholders and en-courages action, while making it simple to aggregate data through automation and increasing visibility into the portfo-lio. Gregorio says, “When making busi-ness decisions, we always consider the triple bottom line—people, planet, prof-it—and find ways to make all three align to yield successful projects that have a positive impact on the environment, our stakeholders and the overall community, and make business sense with viable eco-nomics.” Tower believes sustainability is not only a responsibility but also an opportu-nity to improve building operations, re-duce operating costs, train staff, and at-tract and retain like-minded clients who have their own corporate sustainability goals and values that align. JBG, Akridge, Tower, and other orga-nizations worldwide are aligning opera-tional metrics with strategic corporate goals and taking steps to improve ongo-ing building performance, lower costs, and enhance user experience in new and existing projects. Are you ready to take the next step and begin your perfor-mance story? Gautami Palanki is a Building Perfor-mance Consultant for the U.S. Green Build-ing Council. She will discuss LEED: New Ap-proaches for Building Performance at Greenbuild 2015 in Washington, D.C.


Green Building

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Green and getting greener

Scott Gerhardt, Acting ChairU.S. Green Building Council Central Texas-Balcones ChapterAustin, TX

In your opinion, what is the current state of the local construction indus-

try? The last five years have brought sus-tainable building practices into both the commercial and residential mainstream. Commercially, there are many financial case studies now showing the financial benefits of building green with the LEED metric: 1.) LEED Certified projects oper-ate at greater efficiency and thus lower cost; 2.) LEED Certified projects have greater long term value and command higher lease rates because of this, and because people want to be in these envi-ronments. Simply put, whether the building is for living, working, learning or playing, green buildings are more productive for people. Texas and our Central Texas area are lead-ers nationally, with 650M plus square feet LEED Certified or LEED registered. If Texas were a country, we would be

number four in the world for LEED Certi-fied space. Local leaders like the cities of Austin and San Antonio, Austin Green En-ergy, Dell Childrens Hospital, UT, and homegrown corporations like HEB are us-ing innovative practices with LEED to green their properties. Our chapter has created the Texas Green Building Market-place as a resource for developers, own-ers, architects and engineers to find green building professionals and prod-ucts.

What sparked your interest in green building? I have always been passionate about conservation and environmental sustain-ability principles. Growing up in the country instills you with love and respect for water, land and air. I was then privileged to work for Milliken & Co for many years, one of the environmental leaders of American in-

dustry. It was through Roger Milliken's commitment to environmental excel-lence and carbon footprint reduction, and his support of a fledgling US Green Building Council vision, that I was able to meet Rick Fedrezzi and help charter the first USGBC chapter in Florida. I saw firsthand the incredible waste involved in our commercial construction industry and the "throw away" mentality of our practices. I wanted to help change that.

What are a few trends you see in your industry in recent years? My specific part of the pie is com-mercial interiors: flooring, furnishings, etc. I have been involved with many large projects as well as ongoing corporate campus operations, and the following trends are evident: • There is organizational commit-ment to green buildings and operations (from the top!) • The use of technology such as real time metering and smart HVAC controls has improved. • There is more training of staff in green practices and integration of con-servation techniques. • In addition, there are reclamation/reuse options for many materials tradi-tionally sent to landfill. • Product suppliers are raising the bar with greener product design and manufacturing.

What are the rewards of the industry? Our reward in championing green development practices is to know that we are making very significant strides in practice and in awareness. We are mak-ing a difference for the future.

In your opinion, what is the most sig-nificant challenge your industry fac-es? As in every pursuit, hard work and persistence pay off. But also, the need for creative thinking has never been greater, and the wonderful perspective of asking "Why not?" is a great motivator to posi-tive change. One of our local treasures, the Center for Maximum Building Performance (Pliny Fisk and Gail Vittori) have trained interns for years in asking "Why not?" and many of these former students are now doing fantastic work. Any student wanting to work in this field has great resources locally to learn and grow, and great educational pro-grams at UT, Texas State and other col-leges to take advantage of. Many offer concurrent LEED accreditation.

What advice would you give for a young person interested in working in your industry? Seek out the best mentors you can find, and soak up knowledge from them. Always ask "Why not?" Keep your curiosi-ty and grow your network! –ab

No signs of slowing down

Paul S. Brown, Co-Founder and PresidentBautex Systems LLCSan Marcos, TX

In your opinion, what is the current state of the local construction indus-

try? The commercial construction indus-try is booming all across the state of Tex-as right now, and we don’t see any signs of a slow down yet. We work across the entire state – from Houston to El Paso and Brownsville to Amarillo - and have seen very steady work for contractors and suppliers throughout the summer.

What sparked your interest to get in-volved in your industry? In 2007, we saw a clear opportunity to bring to market a completely integrat-ed wall system solution that was capable of meeting the more stringent building and energy codes that are being adopted across the state, and also provide a high-

er level of fire and windstorm safety as compared to traditional building sys-tems.

What are a few trends you see in green building in recent years? The push for higher building perfor-mance is a key priority in the architecture, engineering and construction market, and will be for decades to come. Energy efficiency and life safety building codes are the main drivers, but owners are in-creasingly looking for cost-effective ways to improve the efficiency, safety and in-door environmental quality of their buildings.

What are the rewards of the industry? We enjoy working with architects, engineers, contractors and building sci-

ence experts who are at the leading edge of a high-performance building renais-sance. Being able to contribute to the conversation around what truly makes buildings perform across a variety of cli-mates and uses is very satisfying to me personally.

What are the keys to being successful in the industry? Selling solutions to challenges and opportunities rather than simply selling products. A building is only as strong as its weakest link, so a systems-approach to building design and construction is vital-ly important. As product vendors, we must understand how our products work in tandem with other building systems to provide the desired levels of perfor-mance.

In your opinion, what is the most sig-nificant challenge the green building industry faces? Designers, builders, and suppliers must keep building performance and measurement central to sustainable de-velopment initiatives. We think energy efficiency, life safety, indoor environmen-tal quality, durability and longevity ap-peal to owners for different reasons. In-novation is happening in all areas from

design and construction to materials and building systems. All of these things ulti-mately drive performance and make sus-tainable development successful.

What advice would you give to a young person interested in working in your industry? Be curious. Don’t just ask what to do, also ask why you are doing it. Find out what the building science is behind the way we design and construct buildings. With the science and technology avail-able today, the opportunity to be innova-tive and push the performance envelope has never been better. Building codes continue to be key drivers for the adoption of high perfor-mance building materials and systems. Many cities have already adopted the more stringent 2012 building codes, and several cities, including San Antonio and Amarillo, are among the first to adopt the new 2015 building codes that will require even higher levels of performance. As a company focused on building science and innovative technologies, we are ex-cited to be working with architects, engi-neers, contractors and owners to re-spond to these challenges in a pragmatic and cost effective manner. –ab


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“I live near Lake Travis, so I like spend-ing time there as much as possible,” Amsler said. “Sometimes it is tough be-cause things get so busy at the office. We put in a lot of hours here.” Amsler says the positive reaction from the customer base in Austin is excit-ing. “We’d like to continue to do what we

are doing and provide the best service for our customers,” he said. “We have had our foot on the gas since we opened in 2013. The sky is the limit!” Action Gypsum Supply is a drywall dis-tributor with offices in Austin, Houston (cor-porate office), Pearland, Bryan, San Anto-nio, Corpus Christi and Dallas. –ab

Sherwin-Williams opened for business on E. Whitestone Blvd. in Cedar Park in July. L-R: Ruben Colorado, Rina LaFave and Spencer Bridendolph –ab

Splash of paintConstruction News ON LOCATION

L-R: Seth Banner and Michael Sorrels, ATX360 Demo, remove the wood flooring at the University of Texas at Austin for Intertech Flooring's new wood flooring installation. –ab

Dynamic duoConstruction News JOB SIGHT

Bodybuilding is Ballard’s favorite pastime when he is not out in the field with his crew. “I was the vice chairman for the bodybuilding organization, NPC Texas, several years ago,” Ballard said. “I orga-nized bodybuilding shows at the Austin Convention Center. “I still like to lift weights these days in my free time. I am currently training peo-ple to go to the national championships.

In addition, I was one of the head judges for the national shows.” Ballard says he plans to work in the asphalt and concrete business for years to come. “I want to retire before I am 99,” he said. “l just love working!” ACSS of Texas specializes in asphalt, concrete, seal coating and striping in Austin and the surrounding areas. –ab

transaction at their new and beautiful business locations,” he said. “We have never taken for granted the effect we have on a business opening their doors to the community in order to serve the needs of our clients and we take it per-sonally. When the team excels everybody wins, and we enjoy and develop win-win teams!” RGTI is a locally owned commercial construction management firm. Tate

founded the company in 1989 at the end of the 1980’s real estate decline. –ab

Key Subcontractors:Austin Cool Air, Team Services, Sanford Electric, JCMS, Flooring Solutions, Free-dom Tile and Stone, GAF Millwork Con-cepts, Pinpoint Strategies and Vanguard Fire & Security

Keeping coolSubmitted to Construction News

Marc Mittleman, Austin MGM Air, says he loves his job because he knows when he leaves a project, people are going to be comfortable. Mittleman likes playing golf in his

free time. –ab

In the last five years, Dannenbaum Engineering Corporation has increased its presence in San Antonio,

expanding office space with a new location on Embassy Oaks and increasing its local workforce from a few people to 24. Oscar Michael Garza, San Antonio division manager, credits Louis Jones, Richard Zamora and David Balli with establishing the office in 2009. As a team, they have worked together in expanding the operation through major projects in San Antonio and throughout the South Texas region. Dannenbaum does public infrastructure, hydrology and hydraulics, transportation, land development, airports, and ports and harbors projects. Currently, the firm’s biggest jobs in San Antonio are the I-10 Managed Lanes project, stretching from FM 3351 to La Cantera Parkway, and the I-10 West Perimeter project, which includes a new interchange at I-10 and Old Fredericksburg Road.

Some of the team members in Dannenbaum Engineering’s San Antonio office

Garza, who earned his bachelor’s degree in civil engineering from UTSA, mostly does transportation engineering. He enjoys being able to see the differences their work makes on a daily basis. As an active member of the engineering community, Garza has served as president of the Institute of Transportation Engineers (ITE) South Texas Section and the Society of Hispanic Professional Engineers (SHPE) San Antonio Chapter. In 2014, he received the ITE Texas District Younger Member of the Year Award. Recently, he received the ITE Rising Star Award, and he was nominated into the Leadership San Antonio (LSA) program Class of 2015. Dannenbaum Engineering Corp. is a full-service civil engineering firm established in 1945. Jim Dannenbaum is the president and CEO. The corporate office is in Houston with branch offices in Austin, Dallas, El Paso, Fort Worth, Laredo, McAllen and San Antonio. –mh

A larger local footprint


ICE for ALS

Association CalendarContent submitted by Associations to Construction News

AIAAmerican Institute of Architects

Sep. 9: Emerging Professional meetingSep. 17: Small Firms RoundtableSep. 28: Commercial Advocacy Round-tableFor more information call 512-767-7436

ASCEAmerican Society of Civil Engineers

Sep. 30 – Oct. 2: Texas Civil Engineering Conference (CECON). For more information: www.texascecon.org

CTSA Central Texas Subcontractors Assn.

Sep. 22: Top Golf SocialFor more information: www.ctsaon- line.org

FEDOTFire Equipment Distributors of TX

Oct. 9: 1st Benefit Golf Tournament for Children-Burn Care at Shriners Hospitals, Plum Creek Golf Course, 750 Kohler’s Crossing, Kyle, TX, 11:30am registration, 1pm shotgun start, raffles & contests, din-ner/awards to follow, for more info: www.fedot.org

IECIndependent Electrical Contractors

Sep. 1: Apprentice meeting, 11:30amFor more information call 512-832-1333

NARINat’l Assn. of the Remodeling Industry

Sep. 17: Fall SocialFor more information: www.austin-nari.org

NAWICNat’l Assn. of Women in Construction

Sep. 8: Chapter meeting and Installation of 2015-16 Officers, 5:30pm, Jaspers in the Domain, 11506 Century Oaks, #128Sep. 15: Golf Tournament, 11am, Star Ranch in HuttoFor more info: www. austinnawic.org

USGBCU.S. Green Building Council

Sep. 10: Central Texas Collaborative LaunchFor more information: www.usgbc-cen-traltexas.org

Ready to practice their shooting skills, local contractors gathered at a Clay Shoot event at Capitol City

Trap and Skeet Aug. 21. The Associated Buildings & Contrac-tors Central Texas Chapter (ABC) held the event. –ab

Congrats to the winners!

2nd Place Team: SpawGlass

Tied for 3rd Place Team: TD Industries

Tied for 3rd Place Team: Harvey Cleary

Aim for success

Best Overall Shooter:Mark Billings, Cemco Steel

1st Place Team: Recon Services

Even though the sun beat down on them in the office parking lot, it was still a “chilly reception” for Pavecon

Ltd. employees on Jul. 31. Some screamed. Others gasped for air. One em-ployee, after catching his breath, scooped ice cubes out of his shirt pocket. The company’s Grand Prairie office hosted an “ALS Ice Bucket Challenge” event to raise awareness and funds to help beat Amyotrophic Lateral Sclerosis (ALS, or as it is commonly known, Lou Gehrig’s Disease). For Pavecon, the cause hits close to home: The Pavement Net-work’s Kevin Gosnell, who trained Pave-con staff how to implement his Grid Iron sales program, was diagnosed with ALS earlier this year. In honor of Gosnell’s fight, guests bid in a silent auction, enjoyed a catered lunch and tried to stand still as buckets of ice and water were dumped on their

heads. Many sent best wishes to Gosnell via video and challenged other Pavecon offices to host bucket challenges. “Kevin is the most positive and up-lifting personality I have ever known and a real leader and fighter for what he be-lieves in,” Marty Murphy, president of Pavecon Ltd.’s D/FW division says. “Be-cause of this, we are joining him and his company to raise money and awareness for this disease and to show our apprecia-tion for Kevin and what he has done for Pavecon in such a short time. We will for-ever be indebted to Kevin for the time he invested in all of us and the knowledge he shared with us. We raise our buckets in honor of Kevin and in the fight to find a cure for ALS and all of the people it has affected.” Pavecon Ltd. provides asphalt and concrete paving services across the south-western and southeastern U.S. –mjm

L-R: A skidsteer dumps a bucket of brrr on Pavecon’s Tim Wegienka and Marty Murphy.Photo credit: Russell A. Harris

Reaching the top

The Research Park V Top Out Lunch recently took place in Austin. Sub-contractors, the owner, architect

and GC representatives attended the event. Research Park V is a four-story office building with 185,000sf and has a sepa-

rate three story pre-cast parking garage. Cousins Property is the owner, the architect is STG Design and the GC is DCA Construction LP. DCA Construction provides general construction and construction manage-ment services. –ab

The Research Park V building in progress.

L-R: Brad Aycock, project manager, Alan Owrey, superintendent and Rafa Lopez, superintendent, BCS Concrete

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