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CONSTRUCTION
Signs of success
The Industrys Newspaper

www.constructionnews.net (210) 308-5800 P.O. Box 791290 San Antonio TX 78279 11931 Warfield San Antonio TX 78216 SEP 2011 Vol. 11 No. 9
Companies join forces
Joint agreement brings Pro-Vigil and Waste Management Security Services resources to product line.
L-R: Andrew Crain, Luke Lockwood and Patrick Smith
an Antonio-based Pro-Vigil, Inc. (PV) and Houston-based Waste Management Security Services Inc. (WMSSI) recently concluded a merger/marketing agreement. As a result, WMSSI merged with Pro-Vigil, and ProVigil will make all of its product line available under the Pro-Vigil and WMSSI brands. Under the agreement, Pro-Vigil will manufacture, monitor and support all mobile surveillance units, while WMSSI provides the marketing arm of the combined company. Pro-Vigils mobile surveillance offerings complement other services currently being offered by Waste Management. We needed a nationally recognized
brand and large sale force to take our mobile surveillance services to the next level. WMSSI is a perfect fit. They already have a mobile surveillance division, a national footprint, and service the same type of customers. I look forward to expanding our territories through WMSSI, said Jeremy White, CEO, Pro-Vigil, Inc. Pro-Vigil currently owns and operates the largest mobile surveillance fleet spanning seven states, and is looking to expand to every major metropolitan area in North America within the next two years with Waste Management. The first three markets on the road map were continued on Page 17
tlas Sign Works has operated in the Austin market for a year and a half, according to President Andrew Crain. I originally opened the business at my home, Crain said. We moved to our current location on West Powell Lane two months ago. We built the interior shop space ourselves. In addition, we have recently purchased some new equipment. Vice President Luke Lockwood takes care of sales and estimating at the company. Patrick Smith is the designer and works in the production department. I enjoy the sign business because it
is challenging and there is a lot of problem solving involved, Crain said. That is what sparked my interest to get into the business and what has kept me going. I also enjoy interacting with architects, contractors and designers in the Austin construction industry. Crain says this summer he and the guys have started working earlier in the day because it gets hot very fast. They have arrived to a construction jobsite at 6am several times this summer, he said. When Crain has extra time, he says his hobbies are exercising, swimming at Barton Springs and playing the trombone. continued on Page 17
Making it happen
avens Construction was the general contractor for the recently completed Planet Fitness project located on Pleasant Valley Road. Project Manager Bill Brumbaugh says the project is a 20,000 sf indoor exercise facility. The scope of the project includes an open exercise equipment area, complete showers, restrooms and several tanning rooms, he said. It is a very nice facility. The colors used throughout the facility are purple, yellow and black. The materials the construction team used were diamond plate wainscoting, epoxies for the floors and all new storefront glass and doors. According to Brumbaugh, the Planet Fitness project took five weeks to complete.
The Planet Fitness exterior
We had a condensed schedule, he said. Time restraints was our biggest challenge. While we were still building the project, folks were bringing in the owners equipment and rubber flooring. We overcame the challenge through a lot of hard work and long days. We had great relationships with everyone involved in the project. We had a few meetings along the way to coordinate everything and make sure things were running smoothly. Brumbaugh says Havens Construction specializes in building fitness centers. The project was its third Planet Fitness to complete in Austin, he said. A few commercial jobs the company has completed lately include the Roll On continued on Page 17
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Austin Construction News Sep 2011
Lift off
L-R: Pete Eisele, Abe Eisele and John Grimes
ete Eisele, owner of P & H Equipment Inc., is glad to work with his son Abe on a daily basis. Abe is our outside sales representative, Eisele said. He gets out in the field, tracks down leads and makes cold calls. As a teenager, he worked in the parts department and he soon began to run the service department. John Grimes is our field technician today. Eisele established the Austin, TXbased company 22 years ago. He says he has worked in the industry all of his adult life. I believe we have stayed in business all these years because of hard work, good luck and Gods grace, he said. According to Eisele, the company has held employee Christmas parties in the past.
After work, I ride my Harley Davidson motorcycle for entertainment these days, Eisele said. I am a member of the local Harley Owners Group in Round Rock, TX. During the spring season, we took a trip to Big Bend National Park and the Davis Mountains to go riding. My son Abe loves to play paintball on the weekends. Typically, he plays paintball at a field in Troy, TX. He loves it! Looking ahead, we plan to continue to survive in the down economy. The nature of the business is somewhat cyclical. It is controlled by the supply and demand of the equipment. Things are steady right now. P & H Equipment is a Central Texas distributor of forklift trucks. The full service dealership sells, rents, repairs and services forklift trucks. ab
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IRS email scams
ost of us have received at least one scam email encouraging us to access an inheritance by paying some dubious fee, or claim lotto winnings by paying taxes up front. In a concerning new trend, were also seeing scam emails purporting to be from the IRS. In these emails, a fraudster, often posing as the IRS, U.S. Department of the Treasury, or as a government official, tries to trick a victim into revealing personal information, such as credit card/ bank account details, or their address and Social Security number. Identity thieves will
then use someones personal data to steal his or her financial accounts, run up charges on the victims existing credit cards, apply for new loans, credit cards, services or benefits in the victims name, and even file fraudulent tax returns. These emails frequently mention a genuine tax form or tax credit, i.e. Making Work Pay or Form W-8BEN, and then use these as an excuse to request personal information and bank account details. So given the elaborate extent to which fraudsters are able to copy IRS forms or research tax credits, how can you spot a fake? Well, the easiest way to make sure that you dont fall prey to these phishing
scams is simply to remember that the IRS does NOT initiate taxpayer contact via unsolicited emails. Bearing this in mind, please do not open these emails, or, if you do, then do not open any of the attached files (which may also contain malware that logs your personal information or harms your computer). Instead, forward the suspicious email or URL address to the IRS mailbox: phishing@irs.gov, then delete the email from your inbox. Wayne Snelson is a partner at Gainer, Donnelly & Desroches and leader of GD&Ds construction industry business line. He can be reached at (713) 621-8090 or wsnelson@gddcpa.com. dn
Wayne Snelson Gainer, Donnelly & Desroches Houston, TX
Austin
CONSTRUCTION NEWS
Publishing the Industrys News
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If you are a construction-related company in Travis, Hays, Burnet, Blanco, Caldwell and Williamson counties and are not receiving a free copy of the Houston Construction News, please call for a Requester Form, or visit our website. The Austin Construction News (ISSN 15477649) is published monthly, by Construction News Ltd., dba Austin Construction News, and distributed by mail to selected constructionrelated 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.
Richard Rizo, Colors Unlimited, unloads carpet in the warehouse. The flooring company was founded in Austin, TX in 1986. ab
2011 Construction News, Ltd.
Page 4
Kim Creager
Decorative Concrete Supply Inc.
Co-owner
nyone visiting Kim Creagers Carrollton, TX office leaves knowing a bit more about her decorative concrete products. But the luckiest visitors learn about Creager herself when she runs back to the breakroom fridge and returns to present a little bit of her heart to you, kept in a small, chilled container with a label boasting: Home Raised With Love. Love is what Creager has in her life - love for her work, her daughters and for the nine newest ladies in her life. And to make it all a little sweeter, she has had a little bit of luck, too.
years, and Ive been running it close to 13 years. Its something that we started and someone else was running it for us, and then we had some employee issues. So I got drug out of 16 years of stay-at-homemomdom - and I just loved it. When I first came into the business on a full-time basis, we had 1500 square feet just a few blocks away, and I did everything myself worked the counter, drove the forklift, loaded trucks. It was fun. Its kind of changed over the years now that we have three locations in three different cities(Buda, Carrollton and Houston) with close to 15,000 square feet of warehouse space. Because of my degree, Im a certified teacher. I did some subbing years ago, but I still feel like Im kind of a teacher behind the counter, teaching people how to use the products. What lessons have you learned through this business? I think the hardest thing for me was delegating and allowing myself to not be in control all the time. I just wanted to have my hand in everything, and that held me back a little bit. But I just had to realize, because we have two other stores, that I needed to trust other people to run the business like it was their own. What do you enjoy most about the construction industry? Most definitely the people. Between my vendors and my customers, I have a fantastic variety of friends and acquaintances. How do you unwind? I love to garden. Ive been doing it for years. I just love working in the yard, its therapeutic to me. I love antique roses, and my favorite is the thornless rose, the Zephirine Drouhin. Its a beautiful pink rose that is actually a climber, but Im training mine to be more of a bush. Its so nice to have roses when theyre not tearing your hands up. I also have a vegetable garden tomatoes, peppers, strawberries and a lot of herbs. But my latest hobby in the past nine months has been youre going to think Im crazy. Are you ready for it? I raise backyard chickens. I have nine chickens! I have a little acreage with a barn out in Argyle. A couple of years ago, we got Macey, an Anatolian Shepherd, and she guards the chickens, which we got when they were 2-month-old chicks. That sounds like fun! Do they require much upkeep on your part? Theyre not a lot of work. I let them out of their henhouse in the morning and in the evening I put them away. They free range over the back pasture. In addition to their feed, in summer we give them watermelon, and we chop up grapes and canned peas for them. Some of them start laying at five months, some at six. We have different varieties: Belgian dUccle, Barred Rocks, White Leghorns, Black Australorp, New Hamsphire Red, Silver Laced Wyandotte,
they had a variety of chickens and the eggs were all different shapes and sizes. And the eggs were just different. When you go to the grocery store and buy eggs, the yolk is yellow. When these girls that free range out in the country lay eggs, the yolk is bright orange. The eggs are so healthy and fresh, and they just look and taste different. I just loved it. So this sweet man that Im in a relationship with suggested that I should get chickens too, but I said I was fine with eating the neighbors eggs. And then he came home from the feed store with the chickens in a dog kennel. They were the teeniest things. It sounds like you might love those chickens just a little bit. I was kind of kicking and screaming at first, but now I just love them. I just look forward every day to going home after work and cutting my grapes up. Ive never been an inside pet kind of girl, but now I have a 150-pound dog in the pasture and nine chickens. My kids think Im crazy, that maybe Mamas lost it a little. Whats funny is that its kind of the trendy thing to do now! There are articles in the paper about it, and all over the country there are chicken coop tours and you can go out and check other peoples chicken situation and talk chicken. Even in lots of Texas cities, you can keep a couple of chickens in your back yard. If a reader is inspired by your story to buy a chicken, what are your tips? Should they buy more than one? Yes, theyre very social. And the pecking order is for real. If you have some chickens and you want to bring in more chickens, you dont just bring in one because that one just gets really picked on. Shes at the bottom of the pecking order, and the other girls will show her that. Are you able to travel much? I go to Las Vegas, where the World of Concrete show is held every year. But its hard to be gone a long time, so I take long weekends. Last year I went to New York and also to L.A. The year before was San Francisco. I really enjoy California. Do you miss your daughters now that theyre grown? How are you handling having an empty nest? Its been good. Actually, I love it. Thats the way I raised them. I didnt want them on my couch when they were 30. I wanted them to be independent women, to go out and make their way. Like their mom did? Yes, even though I certainly didnt think I would be raising chickens and working in the concrete supply industry! Life takes some funny turns. Established in 1990, Decorative Concrete Supply Company Inc. distributes decorative concrete products through stores in Buda, Carrollton and Houston. mjm
Kim Creager is almost as proud as her girls are to show off some of the eggs that are produced daily in her own backyard.
Has luck played a part in what youve achieved? Theres an old saying that I really like: The harder you work, the luckier you get. I think you do have to know what youre doing and be prepared, but I also think being at the right place at the right time plays a part. I grew up in Ohio, the Dayton area. When my older daughter, LeighAnne, who works with me now, was 3 months old, we moved to Texas. We started over, and we loved it. I feel so fortunate to be here for a lot of reasons. After high school, I had gone to college, but I wasnt really focused or into it. So when LeighAnne was 18 months old, I went back to school at Texas Womens University in Denton, and I graduated when she was 4. It was difficult, being a commuter, being a non-traditional student at TWU. I was trying to keep a house and do my homework. Back in the day, there were no personal computers; there was my typewriter and correction fluid. I would try to get everything done and go to class and see these girls who live on campus, dont have anything else to take care of, they can go to the library but they come into class and theyre not prepared! I would be like, Really? But I appreciated my education more as an older student, and I got great grades, graduating magna cum laude. I had a rough start after high school, but when I got serious about it, I got it done! Alyssa, my second daughter, is now a student at TWU. When did the opportunity of running this business present itself? The business has been here about 19
Gold Laced Wyandotte, and Americana. It is so much fun to go out there in the afternoon when I come home from work. They all have their own personalities. And they come racing to the gate like puppies, theyre so happy to see me. In the evening, I collect my eggs. Out of nine chickens, eight are laying. How many eggs do you collect every evening? It depends, but right now I collect between six and eight. The other day I had my first eight egger as I call it. I think the cycle [for the chickens to lay their eggs] is every 24 to 25 hours, so if a chicken doesnt lay an egg in the evening it probably will by the morning. I know which chickens lay which eggs, because they are different colors and sizes. I usually have a hodgepodge of little cream ones and a big white one and medium brown ones. I didnt realize chickens lay eggs every single day. Thats a lot to ask of a chicken! It is! They are my hardworking girls. And they are so funny. When they start to lay their eggs, their personalities change a little bit. They become really proud of themselves, and they start talking and clucking. Like when Snowflake lays an egg, you can hear her up at the house, she is clucking and strutting around; she cant get over herself. It is so funny. What in the world do you do with nearly 56 eggs every week? I do eat eggs for breakfast a lot! But I also give them away to my neighbors, and my daughters love them. I even give them to the UPS man at work. Since Im getting ready to add to my flock, Im going to check into donating some of my eggs to a food pantry. What gave you the idea to get the chickens in the first place? My neighbors across the street had some, and I loved getting their eggs since
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Page 5
CSI celebration
L-R: Past chapter presidents Brian Gardiner, John Hodnett, Grover Williams and Paul Crews
he Construction Specifications Institute (CSI) Austin Chapter recently held a special 50th Anniversary Awards Banquet at the County Line on the Hill. CSI chapter president Guy Cornett, AIA, CSI, CDT, with Austech Roof Consultants Inc., indicated there were nine past chapter presidents in attendance including Grover Williams, John Hodnett, Paul Crews, Brian Gardiner, Tom Alexander, Troy Templin, Steve Swanson, Jody Boatman and Dennis Wilson. Representatives from the Institute and the South Central Region, Robert Olson and Kathleen Liles, respectively, were also in attendance to celebrate. The evening included words of encouragement from Grover Williams, Robert Olson, Kathleen Liles, and Brian Gardiner. The Chapter presented a certificate of appreciation to Grover for his work in founding the chapter. During the annual awards portion of the evening, CSI pins with anniversary chevrons and service awards were presented. According to historical information, CSI began with its founding in Mar. 1948 by the specification writers of government agencies who came together to improve the quality of construction specifications. The Institutes efforts were essential in improving construction specification quality so that it could meet the demands of the post-war construction boom. The Austin Chapter of CSI started with a letter of inquiry by Grover C. Williams, in August of 1959, sent to Henry T.J. Martin of Dallas, an Institute Director. Martin instructed George F. Lamb, executive secretary of CSI, to send literature and membership applications for the
purpose of initiating a new chapter. A minimum of 10 active (professional) members was required to establish a new chapter. Williams was informed in Dec. 1959 that a prominent Austin building contractor, John F. Broad, was also actively seeking CSI presence in Austin and the two combined their efforts to schedule an organizational meeting in Feb. 1960. Seventy-five prospective members attended the organizational meeting. The first year of activity was devoted to organizing, drafting by-laws and recruiting new members. The Institute grew quickly to include specification writers in the private sector, design professionals concerned about communicating their vision in construction documents, constructors interested in delivering high-quality facilities and material suppliers with unique solutions to construction challenges. These construction professionals continue to work together today as CSI members to effectively communicate the designers vision, the material producers solutions, and the constructors techniques to create outstanding facilities that meet facility owners objectives. ab 2011-2012 Board Officers: President: Guy Cornett President-Elect: Amy SoRelle Vice-President: David Loveless Treasurer: Scott Mokry Secretary: Viola Hall Director: David Watts Director: America Alva
Chapter president Guy Cornett gives charter member and past CSI president Grover Williams a special 50th Year Certificate of Appreciation at the awards banquet.
Chapter president Guy Cornett and presidentelect Amy SoRelle
Page 6
Private company accounting standards A concept that is long overdue

Lynne M. Grix, CPA CFE Lynne M. Grix, CPA CFE P.C. San Antonio, TX or a long time, the users of financial statements have struggled with the relevance of some items of presentation and many of the disclosures required by U. S. generally accepted accounting principles (GAAP). As the convergence of U. S. GAAP with international GAAP comes closer to reality, the relevance becomes even more questionable. The convergence of standards is being driven primarily by the needs of the world capital markets and this makes perfect sense for investors who need to compare and measure financial performance for the mega-multinational corporations. But, do the same sets of accounting rules used by these companies really make sense for the $10 million general contractor in San Antonio or the $3 million commercial electrical contractor in Austin? In order to gain a little perspective consider that there are about 15,000 publicly traded companies in the U.S. and about 28.5 million privately held companies, but U.S. GAAP continues to be being driven by the needs of the public companies. The Financial Accounting Standards Board (FASB), established in 1973, has been the designated organization in the private sector for establishing the standards of financial accounting that govern the preparation of financial reports by nongovernmental entities. The FASBs mission is to establish and improve standards of financial accounting and reporting that foster financial reporting by nongovernmental entities that provide decision-useful information to investors and other users of financial statements, i.e. bankers and sureties. In January 2007 the FASB and the AICPA started a Private Company Financial Reporting Committee. By December 2009, the AICPA, the Financial Accounting Foundation (which oversees FASB and the Governmental Accounting Standards Board) and the National Association of State Boards of Public Accountancy formed a Blue Ribbon Panel to explore the changes necessary to best meet the needs of U.S. users of private company financial statements. In January 2011, the Panel finalized its recommendations. The Panel members believe that the current system has not done a sufficient job of understanding the information that users of private company financial statements consider decision-useful and weighing the costs and benefits of GAAP for use in private company financial reporting. The Panel reported that at least in the near term, the system should focus on making exceptions and modifications to U. S. GAAP for private companies that better respond to the needs of the private company sector and in the longer term recommended the formation of a separate standard setting body for the private company sector. The United States is not alone in the move toward a separate set of standards for private companies. In December 2009 the Canadian Accounting Standards Board decided one size does not fit all and published Accounting Standards for Private Enterprises. Germany has become the first major country to have two separate standard setting boards. The United Kingdom Standards Board is proposing a three-tier system of financial reporting. CPAs are aware that U.S. GAAP has become exceedingly complex. Too much of what is included in current financial statements is not useful to private company owners, lenders or sureties. As a result, not only is this unnecessary reporting not cost beneficial, it also can stand in the way of good business decision-making by complicating the financial statements with data that is irrelevant to the analysis of most private company financial statement users. A few examples include the standard formerly known as FIN 48, on uncertainty in income taxes; FIN 46R, on consolidation of variable interest entities which forces consolidation of commonly controlled entities that may have been formed for tax purposes or retirement planning purposes; and the rules on goodwill impairment. Perhaps by 2013 we can look forward to financial statements that are GAAP compliant without these cumbersome add-ons. It could mean more relevant reporting at less cost. Lynne Grix is the owner of Lynne M. Grix, CPA CFE P.C. and has over 15 years public accounting experience working extensively with construction contractors. Lynne is also a Certified Fraud Examiner and can be reached at lynne@lynnemgrix. com or (210) 259-8243. Information for this article was developed from material published by the AICPA
Will the new indemnity law lower your insurance premiums?

Gregg Walther, Construction Risk and Insurance Specialist Independent Insurance Group, Inc. Dallas, TX
In a word, no! What, youre still reading. Okay, Ill do my best to keep it simple. For years it was the Texas courts that decided if you had accepted the negligence of another party by signing a contract. Their position was simple. If you were willing to sign a contract that accepted another persons negligence then you did so. The courts only concerned themselves with whether or not you were fully aware that you were being asked to protect another party from that partys own negligence. They required explicit language and style (bold print for example) to make certain you were aware. If those tests were met and you signed, you were on the hook for the other guys negligence, even if the other guy was 100% at fault. Fair, right? Most States said this is not a good idea because it creates a moral hazard. It begs the question, Why should I behave if you will pay my bills? But the Texas courts said they do not make law they just follow it, and the law of contracts allows for the transfer. In effect, the Texas courts were saying, Dont like it, pass a law. And, for years individuals and associations have tried and this is the first real attempt but it fell short. Ill tell you why in a few but for now know that there is some good in the law. It goes into effect January 1, 2012 but only applies to contracts signed on or after that date. Anything you sign before then is not covered under this law even if the work goes on or starts after January 1, 2012. The law says if a contract contains language that transfers negligence to another that part of the contract is void and unenforceable. It also limits the additional insured portion of the policy so the additional insured cannot use your insurance to pay for defense and indemnification if they have negligence. This too is good. In theory if your insurer does not have to pay, your premiums do not go up as fast as they would if they had to pay. The above, and for that matter the following, is simply stated and is not 100% accurate. It is designed to give you a flavor for the bill but not the meal. If you want chapter and verse, open up your wallet, grab a handful of hundreds, and call your lawyer. I just sell insurance and try to keep it simple. Now, here are the problems. First, there is a major exception followed by 11 exclusions. Yes, 11 exclusions but I am only allowed 750 words so I will focus on the exception because it is huge. The void and unenforceable does not apply if the claim results from an injury to your employee, the employee of a sub of any tier under you, or anyone that is considered to be your agent. In any of these instances you are on the hook for the hold harmless and indemnification terms of the contract you signed, even if signed after January 1, 2012. This is bad because in my experience most of the claims for indemnification stem from an injured employee. Because of this your insurance carrier still has exposure for the claim, even if the other party was partially or solely at fault. But there is another problem and no one knows how it will turnout. The defense used against these claims by many insurance carriers was to argue that the other side used implied language or improper style to transfer the negligence. The question is now that we have a statute that says this is an exception; will the courts still require explicit language and style or will they say that is no longer necessary? We will have to wait and see. In the insurance industry the term wait and see is translated to mean we will not lower premiums until we know. So, as I said in the beginning, do not expect your premiums to go down after this law goes into effect. We will have to wait and see. If you would like a list of the 11 exclusions, email me at the address below. I will email you a copy of the final bill. Gregg Walther is a Construction Risk and Insurance Specialist at Independent Insurance Group, an agency specializing in Commercial Insurance for Contractors. Gregg can be contacted at GreggW@indinsgrp. com
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Page 7
If you cheat on paying for work, you may go to jail: Warning to all contractors
Bill Venegoni,Senior Associate Law Offices of James Stanton, LP Dallas, TX
Residential Construction Q & A

Joann Natarajan Compliance Assistance Specialist OSHA Austin, TX
ew legislation in the State of Texas aimed at contractors of all levels makes it very clear: If you cheat your workers, they can report you to the police and you can go to jail. In May, Governor Perry signed a ground breaking Wage Theft Bill making it the law. This new legislation amends the Texas Theft of Service statute to clearly include compensation which is not fully paid. Austin-based Workers Defense Project, who supported the legislation, estimates that $6.7 million in wages are not paid to construction workers each year. The new law makes it easier for law enforcement to act on a workers complaints. Before the passage of the Wage Theft Bill, a worker would perform some service, such as framing, foundation work, grading, etc., and only get paid part of what the worker was owed. When the worker would report the short payment to the police or district attorneys office, the case would often not be taken. Since the worker would report that the worker had been partially paid, law enforcement would view the matter as a civil dispute between the worker and his employer or contractor. The dispute, therefore, would not be seen as a criminal matter. Under the Theft of Service statute, law enforcement would have to show that the actor (the employer / contractor in this case) acted with the intent to avoid paying the employee or other person to whom the payment was owed. As a result of the intent requirement in the law, employers and contractors would often only partially pay workers to give the appearance that they intended to pay the workers. The Wage Theft Bill makes it clear to law enforcement that when a worker does not receive full payment, a criminal violation has occurred. The new law specifically provides that the act of partially paying wages alone is not sufficient evidence to negate the actors intent to avoid payment for the services.
Therefore, there is no more hiding behind the partial payment defense to show that one did indeed intend to pay the worker. While it may seem like this new law only affects employees, do not make that mistake. The Theft of Service statute also applies non-employee workers. It makes no specific distinction between employees and independent contractors. Should you find yourself in the unfortunate situation where you cannot pay your employees or independent contractors in full, partially paying them what you can is still very much advised. However, you must be able to show that you truly did intend to pay each of them in full, but due to other circumstances, you simply cannot. For example, the delay of a draw payment owed to the company and out of which the workers were going to get paid should show your intent to fully pay. Please note that while showing your intent to fully pay a worker may keep you from having criminal charges filed against you, it still does not relieve you of the contractual and other civil obligations to pay the worker for his or her services. The new Wage Theft Bill amending the Theft of Service statute takes effect for offenses committed on or after September 1, 2011. Depending on the amount not paid to a worker, a violation of this statute can be classified as a Class C misdemeanor, where you may pay a fine like a traffic ticket, up to a First Degree Felony, where you could serve serious jail time. Pay your workers, stay clean, dont go to jail. Bill Venegoni is Senior Associate at the Law Offices of James Stanton, LP. He practices in the areas of construction and lien law, collections, and general civil litigation. Mr. Venegoni represents owners, general contractors, and subcontractors. He may be reached by telephone at (214) 559-3232 or e-mail at bvenegoni@jstantonlaw.com.
What are the Subpart M requirements for residential construction? Under 29 CFR 1926.501(b)(13), workers engaged in residential construction six (6) feet or more above lower levels must be protected by conventional fall protection (i.e., guardrail systems, safety net systems, or personal fall arrest systems) or alternative fall protection measures allowed under 1926.501(b) for particular types of work. A personal fall arrest system may consist of a full body harness, a deceleration device, a lanyard, and an anchor point. (See the definition of personal fall arrest system in 29 CFR 1926.500). If an employer can demonstrate that fall protection required under 1926.501(b) (13) is infeasible or presents a greater hazard it must implement a written, sitespecific fall protection plan meeting the requirements of 29 CFR 1926.502(k). The fall protection plan must specify alternative measures that will be used to eliminate or reduce the possibility of employee falls. There is a Sample Fall Protection Plan in Appendix E of Subpart M. Why did OSHA prepare this appendix? OSHA included Appendix E in Subpart M to show employers and employees what a compliant fall protection plan might look like. What do residential construction employers have to do to protect employees from fall hazards? Employees working six (6) feet or more above lower levels must be protected by conventional fall protection methods listed in 1926.501(b)(13) ( i.e., guardrail systems, safety net systems, or personal fall arrest systems ) or alternative fall pro-
tection measures allowed by other provisions of 29 CFR 1926.501(b) for particular types of work. An example of an alternative fall protection measure allowed under 1926.501(b) is the use of warning lines and safety monitoring systems during the performance of roofing work on low-sloped roofs. (4 in 12 pitch or less). (See 1926.501(b)(10)). OSHA allows the use of an effective fall restraint system in lieu of a personal fall arrest system. To be effective, a fall restraint system must be rigged to prevent a worker from reaching a fall hazard and falling over the edge. A fall restraint system may consist of a full body harness or body belt that is connected to an anchor point at the center of a roof by a lanyard of a length that will not allow a worker to physically reach the edge of the roof. When the employer can demonstrate that it is infeasible or creates a greater hazard to use required fall protection systems, a qualified person must develop a written site-specific fall protection plan in accordance with 1926.502(k) that, among other things, specifies the alternative fall protection methods that will be used to protect workers from falls. When will residential construction employers that were covered by STD 0300-001 have to start complying with 1926.501(b)(13)? The effective date of STD 03-11-002 is September 16, 2011. natarajan.joann@dol.gov 512-374-0271 x232
King and queen of the castle
L-R: Stephanie Cuestas and Julian Sanchez are married and operate Castle Flooring together in Austin, TX. The company is a residential and light commercial flooring company. ab
Page 8
Its so hot this summer that . . .

I got a brain freeze from eating a jalapeo too fast. My trees wanted shade. A fella gave me the cold shoulder, and I said, Thank you! Satan went back home. My car overheated, and I wasnt even driving it. The corn on the cob in my squirrel feeder popped. My lady friends started referring to hot flashes as blue northers.
Nelie sat in a small tub of water to cool off during the dog days of summer. Nelies person is Debra Nicholas.
Crooks are getting caught on purpose just to hear the cops yell, FREEZE! I went to a scary movie just to feel a cold chill run down my spine. I got arrested for loitering in the H.E.B. frozen food section. The last chilly day I remember was when I opened a can of Wolf Brand. My Weber grill worked even though I was out of propane. I left a bag of potatoes in my car. By 6pm, all I had to do was add butter and sour cream. I tried my best to catch a summer cold.
A fella told his fiance he was getting cold feet. She said, Lemme at em! Ive switched to freeze-dried coffee. People eat frozen dinners au natural. The grocery store started selling fried green tomatoes on the vine. Our printer begged us to use freezer paper for this issue of Construction News. The IRS took their hands out of my pockets long enough to fan themselves. Kurt Wilson, Round Top, TX, and Debra Nicholas, managing editor, came up with these half-baked sayings.
Cooling the city
Outside of work, Dean Faught enjoys hunting and fishing.
ean Faught says family-owned and operated City Mechanical Services as served Central Texas since 1957. My grandfather established the business, Faught said. He concentrated on air conditioning and refrigeration services. My dad Doug and his brothers grew up in the business and learned the trade. My grandfather, dad and uncles taught me a lot about a strong work ethic. When I first started in the business as a kid, I rode around with my dad in his truck in the summertime. As I got older, I tried to make a way for myself in plumbing. We combined plumbing and air conditioning at the company about 10 years ago. Today, I run the plumbing side of the business and my father and uncle Charles run the air conditioning side. Faughts mother Edy, office manager, handles the bookkeeping and paper work and Princess Meza also works in
the office. We try to do Christmas parties every year, he said. The last couple of years, it is been tough to hold a company event. In the past, we took employees fishing at the Texas coast. My dad and I enjoy going salt water fishing in Rockport, TX and deer hunting in Mason, TX when we are not at the office. We love spending time outdoors on the weekends. Recent commercial jobs the company has worked on include a Dental & Dentures project and small business offices in the area, he said. My goal for the future is to expand the business towards New Braunfels and San Antonio, TX, Faught said. City Mechanical Services provides air conditioning and plumbing in Austin, TX. The company focuses on residential and commercial service, remodels and new construction. ab
Page 9
these redfish, will be large schools of black drum. These drum tend to spook less than redfish making them easy targets, even for novice sight casters. Typically these drum can be hard to entice with a lure, so a piece of fresh dead shrimp on a jig-head should get the action going for your group. Those of you still looking for speckled trout action should continue with the same patterns from the prior months. Key on sand pockets, grass lines and drop-offs between Pure Oil Channel and the JFK Causeway with soft plastics or live bait. Moving on further south, the Baffin Bay complex is still producing some good fish. The deeper rocks seem to be the most popular spots with water temperatures nearing 87 degrees by mid-day. Wade fishing can be very effective early mornings and late evenings in the shallower areas east of Kleberg and Starvation Point. Another area not to be overlooked is the Badlands at the mouth of the Bay. Shallow grass beds and scattered rocks have been producing both reds and trout on live croakers. Over the past several weeks, I have drifted this area late in the day and it has paid off for me. Most of the boats have cleared out by noon and thats seems to be the key to catching fish in this area. On another note, some of you folks may not have heard the good news. The Corps of Engineers has finally issued a permit for the dredging of Cedar Bayou Pass. Opening this natural pass is sure to improve fishing and the environment for birds, crabs and other species along the mid-coast. The long awaited opening of Cedar Bayou Pass should help resolve a lot of the problems weve heard the mid-coast bays have been having, therefore relieving some pressure on the Upper Laguna Madre. To schedule your next bay fishing trip, give Capt. Steve Schultz a call at 361-949-7359 or 361-8133716, or e-mail him at SteveSchultzOutdoors@ gmail.com. Good luck and Good Fishing.
Fall fishing options

by Capt. Steve Schultz Trans Sport Boats, Yamaha Outboards, Ronnies Marine, Minn Kota Trolling Motors, Power Pole Shallow Water Anchor, Interstate Batteries, Pure Fishing, Pflueger Reels, All-Star Rods, Mirr-O-Lure, FINS Braided Line and Columbia Sportswear.
Randy Wyatt, San Antonio, caught this 32-inch redfish near Laguna Shores Rd. using live croaker. Fish weighed 12 lbs. and was released by Capt. Steve Schultz after photo.
ell, as summer lingers on, so does the worst drought Texas residents have ever experienced. What a disappointment the last tropical storm was for the coastal bend. What looked like a sure drenching for our bays and South Texas ranches turned out to be a dud. Highpressure conditions continue to linger over our state warding away any chances of summer showers and tropical activity from the Gulf. On a positive note, fishing remains awesome with speckled trout and redfish numbers staying strong through these hot summer months. With summer winding down and the start of kids going back to school, I consider September to be a transition month. High heat days should subside a bit and so should some of the pressure on our bays. Im really looking forward to less weekday activity on the lagoon, as this opens up many more options for your day. Hopefully, fishing will remain consistent through the fall and early winter. During the next several weeks we will be keying on schools of reds milling around the flats along the King Ranch shoreline. These schools show up regularly during the fall making their way towards the Gulf for the winter. Occasionally, along with
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Dana Ballard caught this 27-inch redfish from the boat hole area on live perch with Steve Schultz Outdoors.
STEVE SCHULTZ OUTDOORS, LLC

BAFFIN BAY LAGUNA MADRE LAND CUT SPECKLED TROUT REDFISH FLOUNDER FISHING AND HUNTING TRIPS
www.baffinbaycharters.com steveschultzoutdoors@ gmail.com U.S. Coast Guard & Texas Parks and Wildlife Licensed
(361) 949-7359
Page 10
Ken Milams Fishing Line

Sponsored 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 on Lake Buchanan in the Texas Hill Country. Over the years, Ive had the opportunity of getting to know a good many folks in the construction trade.
Lets ignore it Maybe itll go away
m tired of living with and putting up with this drought. Its about all we think or talk about. Just about half of the news these days is drought related. Ive tried to put a positive spin on it. Low water gives us a chance to get a good look at all our favorite fishing holes. The fish just get concentrated into a smaller area, making for better fishing. When the lakes and rivers come back just think about all that nice vegetation for the future fishy generations to grow and thrive in.
It can work to a hunters advantage too. Right now anybody with a bowl of water can entice all manner of wildlife to come in. Acorns will be scarce and the deer will readily come to feed. Lets face it, my positive has all dried up. So how about lets just notice how weird the drought has made things. At my house, all manner of wild
things have made their acquaintance and offered to move in with us. Somebody had been spilling dog food all over the porch. Wife blamed me, and I thought she was nuts. Then she got in a stand-off with a half-grown possum one night on the front porch over possession of the dog food bin. It seems he thought that just because he was crawling three feet
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up to the top of the bin and opening the door and helping himself, that made it all his. And the dog didnt even try to argue the point! The coons whod been partying every night in my boat, looking for fresh shad in the nooks and crannies, have flat left the country. I figure they have joined the skunks that have invaded the moist lake The winter migration of waterfowl should be interesting because Swamp Buchanan will make a nice stopover this year. Now if we could just clear up the little matter of what happened to my peaches!?! I nurtured that brave little peach tree with every drop of water I could spare. It went well until I went to put the hose on it yesterday and found all the peaches gone! Every last one. No footprints from a likely thief or anything. Only on close examination did I start noticing the peach pits on the ground. Every one of them picked clean! How many possums do we have, anyway? Honey, can I kill them now? Today I read in the paper that a 250 acre brushfire was caused by a flaming bird. Okay, 106 is awful hot, but still It turns out the bird in question made an unfortunate landing on an electrical pole, met a fiery end and fell into the dry grass below, starting the whole conflagration. Now, how do you protect yourself from that? Then there are the fish in the lake. They are mostly acting like us people. They seem to be just sitting there, not wanting to move unless they can find someplace cooler to go. I guess we just all have to wait for fall to get us moving again. Im ready! Keep on praying for rain! photos continued on Page 11
Across from La Frontera Shopping Ctr. www.Young-Blood.com email: sales@young-blood.com
Louis Henna West Austin
Page 11
continued from Page 10 Ken Milam
Half or Full Day Fishing Trips All Bait, Tackle & Equipment Furnished Your catch Filleted and Bagged for You
Ken Milam Guide Service (325) 379-2051 www.striperfever.com
Furnish your TPWD Fishing License & Refreshments, and WE DO THE REST!
Dog food bandit, bathing in the fountain
SEND IN YOUR PHOTOS . . . fishing, hunting, skiing, biking, racing, or any outdoor activity or sport. austineditor@constructionnews.net
Page 12
he Texas Masonry Council (TMC) held its 2011 Golden Trowel Awards banquet Aug. 12 at the Fort Worth Club in downtown Fort Worth. The prestigious industry award recognizes outstanding masonry projects, contractors and architects. dn
Celebrating masonry
Education Public Funded K-12 Project: The Academy at Nola Dunn Contractor: DMG Masonry Ltd. Architect: SHW Group Suppliers: Acme Brick Company, Palestine Concrete Products, Featherlite Building Products, Hohmann & Barnard Texas
Industrial Commercial Project: Reagan Place Contractor: Metro Masonry Construction Inc. Architect: Good Fulton & Farrell Architects Suppliers: Boral Bricks Inc., Advanced Cast Stone, TNT Equipment
Residential single/multi-family Project: Ledgeway Residence Contractor: CD Lone Star Inc. Architect: Third Land Inc.
Government Institutional Project: Wylie Civic Center Contractor: DMG Masonry Ltd. Architect: Holzman Moss Bottino Architecture LLP Suppliers: Texas Stone Quarries, Palestine Concrete Products, Hohmann and Barnard
Hardscape Landscape Project: Swinging B Ranch Pool Contractor: Brazos Masonry Inc. Architect: LMB Designers Suppliers: Acme Brick Company, Elgin Butler Company
Education University Project: Recreation and Wellness Center, Rice University Contractor: W.W. Bartlett Inc. Architect: Smith Group / F&S Suppliers: AMP Brick and Stone, Mustang Metals, Headwaters Construction Materials
Block Project: El Paso Court House Contractor: Winco Masonry Inc. Architect: BPLW Suppliers: Headwaters Construction Materials
Page 13
Typing away
Lately it has been the computer at work! Ed Garcia, Cool Services Inc. A nail gun. Brian Reeves, R.E. Biel Co. Inc. A hammer. I use it when I do interior renovation work. David Maddux, Texas Construction & Design Concrete cutting tools. Ruben Delafuente, A-1 Coring Inc. As an office manager, I use the computer the most for my job. Rachelle Coleman, Coleman Wholesale A calculator! I use it all the time. John Schuelke, Schuelke Lumber & Hardware Ed Garcia, one of the managers at Cool Services Inc., is busy at the computer in the afternoon. The company specializes in commercial and residential heating and air conditioning in Austin, TX. ab Id have to say a wrench. Josh Roman, M & S Electric Inc. I use a glass cutting tools every day. Sisco Galicia, Alamo Glass Inc. The tool I use on a daily basis is a trowel. Beto Benavides, Beto Drywall Construction News ON LOCATION
What tool or machine do you use most often?

I carry a measuring tape on me when I go measure doors. Daniel Sineath, Cedar Park Overhead Doors I use a computer every day to check on customers orders. Ronnie Davis, Southern Fastening Systems Mechanical contractor tools. Nathan Gately, FWB Rentals Lots of carpentry tools. Carl Hutchinson, KingSpoke A Wood-Mizer saw mill. Roberto Aboyetes, Southwest Trading Post A sheet metal shear. Ryan Cummins, Cummins Roofing & Sheetmetal Id say the computer. Joel Elston, Lakeway A/C & Heating As a field specialist, I use drywall tools the most. Joel Romero, Ames Taping Tools
Rock on
A welding machine. I have used welding machines for the last 40 years. Ernie Kuehner, Ernies Welding Shop
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210.431.0088 800.725.4776 210.431.0701 www.sss-steel.com
Round-Up
Haynes Whaley Associates hired David Carter for client development in the Austin office. Carter will be responsible for leading efforts to create new client relationships and maintain existing client relationships in and around the Austin area. He will work with project teams. Carter has previous experience in real estate development, sales, finance and operations management as well as construction project management.
Submissions
This is a section for brief company announcements of new or recently promoted personnel, free of charge as space allows. Email with Round-Up in the subject line (w/digital photo, if available) by the 15th of any month, for the next months issue to: austineditor@constructionnews.net
Page 14
Meaningful mentoring
L-R: Greg Flores, Gary Smith, Sherri Snowden, Mike Soliday, Jessica Rodriguez, Jerry Rodriguez and Orlando Riverone
arden Construction Corp. began participating in the State of Texas Historically Underutilized Businesses (HUB), Mentor Protg Program in Jan. 2011. Folks involved with the programs direction and coordination were Warden Construction Corp staff Greg Flores, HUB coordinator; Sherri Snowden, project manager and Mike Soliday, project coordinator. The State of Texas HUB Mentor Protg Program is designed to foster longterm relationships between prime contractors and HUBs, said Greg Flores. Warden Construction wanted to help smaller businesses that werent get-
ting other opportunities in their line work or the construction industry in general. Flores says Warden Construction currently is mentoring three small businesses (HUBs) from the Austin area. This program participation is recognized by the State of Texas, he said. JJR Construction, a small minority owned drywall and painting company began working with us first, he said. Jessica Rodriguez is the owner/CEO and Jerry Rodriguez is the project manager. We have worked with the brother and sister team on record keeping, billing and helped them set up a schedule of values to better track their billing and percentage of completion for all of their jobs. Prometheus Electrical Systems Inc. was the second contractor to sign on as a protg. Gary Smith founded the small electrical corporation in 2009. We are assisting Gary on the business and estimating side of things. In addition, we have also been working with Patriot Electric, an electrical contractor founded by Orlando Riverone. We are helping Orlando on his job and budget tracking as well as a schedule of values for his billing. Warden Construction Corp. is a University of Texas JOC prime contractor. ab
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Page 15
Green Building Trends

Going green
Zach House, Owner House + Earth
Austin, TX What is the most significant challenge your industry faces? The industry for green building materials is still in relative infancy and the supply side is running into growing pains as it tries to keep up with demand. This can sometimes lead to increased costs or erratic lead times. From a retailer perspective it requires that we stay in close communication with our suppliers so that we know potential setbacks in production well before they happen. What are the cost increases relating to your industry? Cost increases in freight and in some cases raw materials are occurring in the industry. However, the growth of the industry and suppliers' abilities to manufacture in larger volumes are offsetting a lot of these increases. Is the green market becoming more competitive? Absolutely. Every segment of the industry is becoming more competitive. Have there been any changes in technology or codes? Upgrades in technology are leading to higher performing products at decreased costs. Codes are definitely changing but you'll need to speak with a green builder or architect to get the specifics. What are the rewards of the industry? Increased home performance and healthier living environments are the two biggest rewards for any green building project. What are keys to being successful in the industry? That is going to vary depending on what section of the industry you're in but I'd say that an overall philosophy for success is commitment to the ideals of green building. I've seen a lot of builders who call themselves green builders that are more committed to a marketing plan than they are the tenants of green building. Located on W. 6th St, House+Earth is a green building material retailer that focuses on interior finish out options. The company offers flooring, cabinetry, countertops, wall coverings, paints, sealants, and adhesives that are safe for the environment and healthier for families. ab
ow would you describe the state of the green building industry in general terms? Green building as an industry is advancing quite rapidly. I spoke with a LEED building certifier the other day who told me that last year they rated more LEED projects than they did in the previous three years combined. It's increasing in institutional and commercial buildings the fastest and we're definitely seeing more home owners take the step towards having their home rated through some form of green building standard. Even those folks who aren't going for a green building rating are more cognizant of green building and are taking steps to build healthier and more efficiently.
What are the major changes in the industry in recent years relating to the type of work you do? House+Earth focuses on certain aspects of the green building industry, primarily interior finishes. In recent years we've seen the amount of green material manufacturers dramatically increase and therefore a flood of new options on the market. Prices are coming down and product technology continues to improve, allowing for more market acceptance among builders and architects. Of course, there have always been issues with questionable manufacturers who market their products as "green products" and this problem is only growing as the industry expands.
Austin takes green building trends mainstream

Maureen T. Scanlon, PE, LEED BD+C, CEM Austin Energy Green Building
Austin, TX
uilding green is a matter of course in Austin, TX. Since the term green building was coined and put into practice twenty years ago by the City of Austins Green Builder Program in 1991 (now known as Austin Energy Green Building AEGB), Austins construction practices have been consistently trending green, resulting in sustainable, durable and efficient buildings throughout Central Texas. Lets take a look at four trends in green building that are widely adopted in the Austin market. Commissioning Building Systems Commissioning is really nothing new when referring to battleships, aircraft or nuclear plants. Commissioning of critical systems in hospitals and laboratories has been common practice. However, only recently big box retailers, schools or office buildings started requiring commissioning for the entire building. The complexity of building systems and their interaction require a careful, documented approach to quality control. This is why AEGB made commissioning a requirement for achieving a commercial rating in 2003. The building industry in Austin responded by providing a new skill set to meet the task, the Commissioning Authority. Today the Austin Energy Code
requires commissioning of all HVAC equipment, systems and controls. Roofing to Reduce Heat Island Everyone who lives in a city understands that summer temperatures in town can be two to eight degrees warmer than in rural areas. There are several contributing factors, one being dark roofs on commercial structures. For almost a decade the AEGB ratings have required reflective or vegetated roofing to help mediate both the heat island effect associated with dark roofs and to diminish heat transferred to the conditioned space below. In Austin today, all new commercial construction requires roofing to have a Solar Reflectance Index (SRI) of 0.78 for low sloped roofs, and an SRI of 0.29 for steep sloped roofs. Construction Waste Management As Austins landfills approach capacity, contractors and haulers are finding it necessary to divert as much Construction & Demolition (C&D) waste from our landfills as possible. In 2003 C&D diversion became a basic requirement of the AEGB commercial rating. Since that time, several C&D service providers have stepped up to meet the challenges associated with waste recycling. In September, Austin Solid Waste Services and AEGB will be
sponsoring the Construction and Demolition forum to include a tour of C&D materials processing facilities in the Austin area. See details at www.ci.austin.tx.us/ sws. Rainwater Collection Austin desperately needs rain and hopefully we will see some before the years end! Rainwater is one source of what is now termed auxiliary water. Auxiliary water is defined as reclaimed wastewater, well water, rainwater harvesting, surface water, ground waters and condensate. Anyone driving through Austin today will pass by a cistern that is used to collect and redistribute non-potable water. Here are a few examples of commercial projects AEGB was lucky enough to work with. The cisterns behind the Lowes store on Brodie Lane collect rainwater and condensate from their rooftop HVAC units, and it is used to irrigate the landscape and the plants in the garden area. The very attractive cisterns in front of the LCRA Red Bud Center collect rainwater and condensate for toilet flushing, make-up water for the educational water feature and landscape irrigation. The cistern installed at the University Federal Credit Union on Ben White provides water for toilets and landscaping. Finally, the cisterns installed behind the new Prosperity Bank under construction on Highway 290 at the Y, are used to control stormwater on a site
with an exceptionally steep slope. It seems that only a few years ago commissioning, cool roofs, construction waste management and rainwater collection were cutting-edge, as was the term green building. However, for the last two decades AEGB has been working hard to make these innovative concepts common practice within the construction industry in Central Texas. AEBG would like to recognize all the contractors and service providers in Central Texas who have made green building mainstream. Maureen T. Scanlon, P.E., LEED BD+C, CEM, Commercial Green Building Engineer, coordinates the AEGB commercial program. She was the co-editor of Guidelines for a Sustainable New Austin Airport; City of Austin Sustainable Building Guidelines Volumes I, II, and III; Sustainable Building Sourcebook; and the Green Building Program Commercial Rating. Scanlon has a background in energy conservation and energy modeling. AEGB was the first municipal green building program in the United States designed to encourage sustainable building practices in residential and commercial construction. This year AEGB celebrates its 20th anniversary. For more information, visit www.greenbuilding.austinenergy. com. dn
Page 16
Green Building Trends

Green building retrofits
Joshua D. Rhodes, Charles R. Upshaw, Melissa C. Lott of any HVAC equipment, but also deWebber Energy Group, The University of Texas at Austin crease the amount of load on the air conAustin, TX
L-R: Joshua D. Rhodes, Charles R. Upshaw and Melissa C. Lott Photo courtesy of Mary Christenberry
reen building methods use design and construction techniques to reduce the environmental impact of buildings. These methods not only include adding recycled or sustainably sourced building materials and energy efficient appliances to a building project, but also emphasize designing a properly sized and oriented structure. While many think of green building in terms of new construction, there is a vast stock of existing structures that can be made more efficient through building energy retrofits. 1990 - years before most districts had any type of building energy codes. At the time, new building owners generally preferred lower up front costs to lower energy usage. Today, buildings account for 40% of the energy consumed in the U.S. each year. However, since the 1980s, the real cost of energy has increased more than fivefold, leading to greater awareness of energy use and its resulting environmental impact. This leaves a significant opportunity area for green building retrofits, particularly in building HVAC systems. In Texas buildings, air-conditioning is responsible for 35 45% of the total annual electricity use, making it the single greatest consumer of electricity. In turn, it is one of the prime targets for green building retrofits. A focused energy retrofit should not only increase the efficiency
The goal of many new green buildings is to be net-zero energy, meaning that its energy consumption equals its energy production averaged over one year. Since all buildings will have some form of energy demand, no matter how efficient and well designed they are, netzero energy requires some sort of generation in order to off-set consumption. This generation requirement is often met with solar panels, which bring a significant price tag. Therefore, increasing the energy efficiency of a building is often an economically advantageous proposition, allowing a smaller solar array to be installed in order to meet the buildings energy needs. This can be particularly true when existing buildings are retrofitted to meet net-zero standards. About 70% of the existing residential building stock in Texas was built before
ditioner itself. By decreasing the amount of heat that needs to be removed from the building defined as the building cooling load - HVAC equipment can be downsized as well, substantially lowering the buildings total energy consumption, as well as peak power draw. This can, in turn, help to minimize the buildings overall energy use and environmental impact. Approaches to decreasing the cooling load of a particular building can vary with the building size and use. For residential houses, increasing the insulation levels and reducing the amount of outside air infiltration into the home by sealing the building envelope is often the first (very effective) step. However, care much be taken to insure that there is at least a minimum level of ventilation to the inside space, otherwise occupants may experience adverse health effects due to poor indoor air quality. For large buildings, the heat generated by lights, electronics, and even people contributes significantly to the cooling load, and as a result energy efficient lighting and electronics can have a significant impact on energy use. Additionally, inspecting and repairing building air ducts, which are notoriously leaky, can often reduce the building-cooling load. In a recent study of homes in Austin, it was found that the average duct system loses about 20 percent of its airflow, significantly reducing HVAC
system performance. Effective duct sealing, or better, running ducts inside the conditioned space can lead to significant energy savings. Further, by running ducts within an air conditioned space, any insulation applied in attic space can be more effective, due to fewer penetrations of the ceiling and the resulting increase in attic insulation uniformity. There are many other improvements that can be made outside of the HVAC system in order to reduce cooling load. For example, low-e and reflective windows can be used on the south and west sides of the buildings, which have the most direct solar gain, with less expensive clear double paned windows on the north and east sides of the building, where conduction is the major contributor to building cooling load. By balancing the cost of the windows with the potential savings, this option can be a more economic option for reducing the energy needs of larger buildings. While existing buildings might not be as efficient as newly constructed facilities initially, green building retrofits can help to improve the energy efficiency of these structures. These improvements can provide many environmental and economic benefits by reducing the energy requirements of these buildings. Melissa C. Lott, Joshua D. Rhodes and Charles R. Upshaw are researchers in the Webber Energy Group within the Mechanical Engineering Department at The University of Texas at Austin. dn
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continued from Page 1 Signs of success I also fly single engine airplanes, he said. I like to fly mostly in the Central Texas area. I have also flown to see my family in Houston and friends in Dallas. I earned my pilots license when I was still attending Texas Tech University. I had some free time and it was cheap to learn to fly in Lubbock, TX. Crain says Lockwood is a runner on the side and runs about four or five miles a day near Lady Bird Lake. In the future, we are going to continue to look for more work to do, Crain said. Id also like to eventually hire more people. Right now, we can still work 10 to 12 hours a day and get everything done. When we have 16 hour days, it will be time to start hiring. A few commercial projects the company has worked on lately include Zinger Hardware, Roger Beasley Mazda and Sirius Computer Solutions, he said. Atlas Sign Works specializes in architectural signs, monument signs, office exterior signage, office interior signage and residential and commercial signs. The company handles the design work, fabrication and installation of signs. ab
continued from Page 1 Companies join forces launched Aug. 1, 2011. These new territories include Washington D.C., Chicago and central Florida. Pro-Vigils success is largely due to its effectiveness in preventing 93% of theft and vandalism via their Virtual Guard Stations (VGS) - saving its customers up to $220,000/month in property crimes. This is accomplished with live, remote video surveillance coupled with the ability to activate visual and audible deterrents. PV will be outfitting WMSSI units with this technology, and will monitor the health of multiple components in each unit 24/7 in order to provide a more complete service offering with improved up-time, noted the merger/marketing agreement announcement from Pro-Vigil and Waste Management Security Services.
Nice play
Seventy-six folks attended the Associated Builders and Contractors (ABC) Casino Night event at the Hyatt Regency Hotel on Lady Bird Lake Aug. 4. Scriven Hoefs, United Rentals, won the grand prize, an iPad. ab
continued from Page 1 Making it happen Sushi Diner, Dickies Barbecue Pit, Dancers Shape studio and Edible Arrangements, he said. Owner Trevor Pyle established Havens Construction in 2002. The company is a commercial building contractor serving Austin and the surrounding areas. The company recently moved to its new location on Bee Caves Road. ab
Ready for football
When Young Nguyen, Air Craft Inc., isnt installing ductwork, he says he loves watching Texas Longhorn football games. The company is a HVAC contractor. ab
Page 18
Content submitted by Associations to Construction News ABC Central Texas

Associated Builders & Contractors
Association Calendar
CSI
Sep. 13: 2011 Safari Auction Gala Sep. 27: Meet the Experts For more information call 512-719-5263
ACCA
Air Conditioning Contractors of Amer.
Sep. 6: Membership meeting, 5:30pm6pm Social, 6pm Dinner and program, Motivation and Goal Setting by HeeJung Kim, Dale Carnegie, Abels On The Lake, 3825 Lake Austin Blvd. For more information call 512-650-5355
ACEA
Austin Contractors & Engineers Assn
Sep. 15: Fish Fry Fundraiser, 5:30pm, County Line on the Hill For more information call 512-836-3140
AGC
Associated General Contractors
Sep. 1-2: OSHA 10/30 Hour Sep. 8: Scaffold Competent Person Sep. 13: Safety Committee meeting Sep. 14: First Aid/CPR/AED Class For more information call 512-442-7887
Sep. 6: Advocacy Subcommittee meeting Sep. 7: Building Enclosure Council meeting; ARE Study Group Sept 8: AFA Excom meeting Sep. 9: Rotary Foundation Group Study Exchange Sep. 12: COTE meeting Sep. 13: Emerging Professional Committee meeting Sep. 14: ARE Study Group Sep. 15: Small Firms Roundtable meeting; Latinos in Architecture meeting Sep. 16: Healthcare Committee meeting Sep. 19: Executive Committee meeting Sep. 20: Luncheon Speaker Series Sep. 21: CFA Rental & Design Voice Committee meeting Sep. 22: Food for Thought class Sep. 23: IPD Process Delivery: Jesse H. Jones Hall Renovation Inside Story Sep. 27: AFA Board meeting Sep. 28: UD/GA Committee meeting; ARE Study Group For more information call 512-452-4332
NECA
Natl Electrical Contractors Assn
Construction Specifications Institute Sep. 12: Board meeting, noon, AGC building on South Lamar Sep. 19: Chapter meeting, 11:30am-1pm, Texas Land and Cattle, 1101 South Mopac For more info: www.austincsi. Org
Sep. 5: NECA office closed for Labor Day Sep. 13-15: Southern Region Managers Conference Kansas City, MO For more info: www.ctxneca.org
CTSA
Central Texas Subcontractors Assn
RCAT
Roofing Contractors Assoc. of TX Sep. 14-16: 36th Annual Conference and Trade Show, Renaissance Hotel Austin For more information call 512-251-7690
Sep. 13: Monthly meeting, 5:30pm-8pm, Embassy Suites Austin North, 5901 N. IH35 For more information call 512-255-6373 or www.ctsaonline.org
TSPE
Texas Society of Professional Engineers
IEC
Independent Electrical Contractors
Sep. 28: Fall Golf Tournament, Avery Ranch For more information call 512-832-1333
Sep. 14: Chapter Luncheon, Green Pastures Sep. 28: Board meeting For more info: www.tspe-travis.org
NAWIC
National Assoc. of Women in Construction
USGBC
U.S. Green Building Council
CFMA
Construction Financial Management Assoc.
AIA
American Institute of Architects
Sep. 1: CRAN Committee meeting Sep. 5: Design Awards Committee meeting; Latinos in Architecture Design Exhibit
Sep. 20: Monthly meeting, 11:30am1pm, Norris Conference Center, 2525 W. Anderson Lane. 2011 Legislative Update by Raymond Risk For info: www.chapters.cfma.org/CenTex
Sep. 1: General meeting and Induction of the 2011-2012 board members, 5:307:30pm, Zeds, 501 Canyon Ridge Dr. For more information visit www.austinnawic.org
Sep. 14: LEED Green Associate 6-week Study Group Sep. 16: 2011 Going Green Awards For more information call 512-470-9923
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Page 19
Job Sights
Staying cool in the showroom
L-R: Chuck Doiorn, David Maddux and Brett Timmons, Texas Construction & Design, handle the interior renovation work at the Subway project on Guadalupe Street. ab
Sales representative Jerry Dunn says hello to Construction News readers from Ferguson, a supplier of plumbing products, valves and fittings and heating and cooling equipment. -ab
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Email us: austineditor@ constructionnews.net
Bill Brumbaugh, Havens Construction, is the project manager at the Cathys Cleaners project on San Antonio Street. He says Air Force Austin is the mechanical contractor. ab
Or call our home office:
210-308-5800
L-R: Bert Acuna, Alex Reyes and Santos Rodriguez, Advanced Electrical Contractors, handle the electrical work at the HEB gas station project on Riverside Drive. ab
Chamberlin Roofing and Waterproofing is the roofing contractor at the Lakeway Regional Medical Center project on Ranch Road 620. The GC is Hoar Construction. ab
Page 20
Solar power
Cordial at the counter
The Solar Open House attendees having fun
Store manager Jacob Jasek and branch manager Mark Huff have a productive week at City Electric Supply, an electrical supplier. ab
olar installers and American Youth Works staff and students recently provided opportunities for the community to learn more about photovoltaic (PV) systems, installation of solar panels and training in the solar industry at a Solar Open House event in Austin, TX. According to Parc Smith, CEO of American Youthworks, the Solar Open House is part of a $3.57 million grant to the Houston Community College System from the Department of Energy (DOE) under the American Reinvestment and Recovery Act (ARRA). He says the program will create a network of nine regional solar training providers in five states called the South-
Central Solar Training Consortium. At the Solar Open House, students demonstrated solar panel displays that they built as part of a solar training service learning project where they applied their classroom lessons to this hands-on assignment, Smith said. The Solar Open House attendees had the opportunity to tour the energy efficient structures constructed by American Youth Works students in the Casa Verde Builders program and network with solar industry professionals. American Youth Works is a 501(c)(3) organization based in Austin, TX that empowers at-risk youth through education, service and green jobs training. ab
Enrique Espinoza demonstrates a solar panel display

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