Honda’s Redesigned GX Engines. The Foundation Of Success. Next time you pass by a construction site, you’ll probably see a piece of Honda-powered equipment. Stop and ask them what they think of the Honda Engine. Chances are they’ll tell you they wouldn’t use anything else. Sure, you can find a less expensive engine, but you won’t find a more reliable one. That’s because our GX Series offers improved performance, lighter weight, great fuel economy and meets EPA Phase 3 emission requirements without the use of a performance-inhibiting catalyst. Honda’s 3-Year Warranty* and unsurpassed reputation for reliability are standard equipment. And that’s set in concrete.
GX35
GX100
GX200
iGX340
GX690
Built like no other.
engines.honda.com *Warranty applies to all Honda GX Series Engines, 100cc or larger purchased at retail or put into rental service since January 1, 2009. Warranty excludes the Honda GXV160 model. See full warranty details at Honda.com. For optimum performance and safety, please read the owner’s manual before operating your Honda Power Equipment. ©2013 American Honda Motor Co., Inc.
DIRECTORS
Gerald C. Caratelli Architectural Building Components, Inc.
Jeffrey Chandler PUBLISHER EDITOR
Valenti Trobec Chandler, Inc./VTC Insurance Group
Kevin Koehler Diane Sawinski
Matthew D. Cramer
Mary Kremposky McArdle
Michael J. Green
Joseph Coots
Frank G. Jonna
Dee Cramer
ASSOCIATE EDITOR
John E. Green Company
GRAPHIC DESIGN
Jonna Companies
ACCOUNT EXECUTIVE
Roy Jones
Teresa K. Miller Walsh Construction Co.
DIRECTORS OFFICERS Chairman
Todd A. Moilanen Cloverdale Equipment Co.
Samuel J. Ruegsegger III
Tricia S. Ruby
The Christman Co.
Vice Chairman
Stephen J. Frantz Motor City Electric Co.
Vice Chairman
Paul A. Stachowiak Integrated Design Solutions LLC
Treasurer
Joshua T. Barney JJ Barney Construction
President
Kevin Koehler
Ruby + Associates
CAM MAGAZINE EDITORIAL ADVISORY COMMITTEE
Gary Boyajian Division 8 Solutions, Inc.
George Dobrowitsky Walbridge
Daniel Englehart Peter Basso and Associates, Inc.
Dennis King DMKING Consulting, LLC CAM Magazine (ISSN08837880) is published monthly by the Construction Association of Michigan, 43636 Woodward Ave., P.O. Box 3204, Bloomfield Hills, MI 48302-3204 (248) 972-1000. $24.00 of annual membership dues is allocated to a subscription to CAM Magazine. Additional subscriptions $40.00 annually. Periodical postage paid at Bloomfield Hills, MI and additional mailing offices. POSTMASTER, SEND ADDRESS CHANGES TO: CAM MAGAZINE, 43636 WOODWARD AVE., BLOOMFIELD HILLS, MI 48302-3204. For editorial comment or more information: sawinski@BuildwithCAM.com For reprints or to sell CAM Magazine: 248-972-1000
Sanford (Sandy) Sulkes International Building Products, Inc.
Amanda Tackett Consultant
James Vargo Capac Construction Company, Inc.
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4 CAM MAGAZINE AUGUST 2020
“The Voice of The Construction Industry®”
“THE VOICE OF THE CONSTRUCTION INDUSTRY”
Winner of 16 Awards from Michigan Society of Association Executives, MARCOM, and Gallery of Superb Printing
CAM Magazine’s October “Special Issue” Reserve Your Ad Space Now! The CAM Magazine Special Issue 2020 will be published again this October, featuring the 12 most outstanding construction projects of the year. This issue will be read by thousands of construction professionals. In addition to our regular monthly circulation and online views, we will be doing a press overrun of this issue to hand out at our annual expo in February 2021. Here’s your chance to advertise your company, product or service to the perfect target audience. The advertising space reservation deadline for the Special Issue 2020 is August 28th. If you need us to create an ad for you, we will do so at no extra charge.
Please contact Roy Jones at 248-972-1115 jones@buildwithcam.com
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is the only publication dedicated to covering the entire Michigan construction industry. That’s why over 3,500 owners, contractors, suppliers, manufacturers, architects, engineers and services providers read CAM Magazine monthly, and why we continue to be
“The Voice of the Construction Industry.”
12 TABLE OF CONTENTS
12
CONSTRUCTION LAW Notes from the Courts
INSURANCE/BONDING
16
Construction Workers’ Compensation Insurance and Risk Management in the Age of COVID-19
22
Bonding Through Coronavirus
26
Design-Build Team Achieves Data Center Firsts for Michigan
22
CONSTRUCTION CASE STUDY
DEPARTMENTS 8 10 34 36
Industry News Safety Tool Kit Product Showcase People in Construction/ Corporate News
41 41
Construction Calendar CAM Welcomes New Members
26
ABOUT THE COVER In this month’s magazine, the focus is on Construction Law as well as Insurance and Bonding. Our Law article discusses notes from recent court cases dealing with our industry. The Insurance and Bonding articles focus on considerations in the time of COVID-19.
6 CAM MAGAZINE AUGUST 2020
“The Voice of The Construction Industry®”
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I N D U S T R Y
N E W S
Safety Stand-Down to Prevent Falls Rescheduled to September 14th-18th The 7th National Safety Stand-Down to Prevent Falls, postponed from its original May date due to the coronavirus pandemic, has been rescheduled for the week of September 14th-18th. The annual Stand-Down is part of the OSHA-NIOSH-CPWR Campaign to Prevent Falls in Construction. This year, employers and workers are encouraged to participate virtually or with social distancing measures on job sites. Falls kill – they are the top cause of construction fatalities and account for one-third of on-the-job injury deaths in the industry. Each year in the United States, more than 200 construction workers are killed and over 10,000 are seriously injured by falls. The goal of this national campaign is to prevent fatal falls from roofs, ladders, and scaffolds by encouraging residential construction contractors to: • PLAN ahead to get the job done safely • PROVIDE the right equipment • TRAIN everyone to use the equipment safely In support of the event, CPWR is working with OSHA and NIOSH to develop activities and materials to facilitate safe stand-downs, such as videos and webinars that can be viewed from anywhere and easy-to-share infographics. For access to new materials as they become available, as well as relevant resources developed throughout the campaign, visit stopconstructionfalls.com.
OSHA Issues New Guidance as Non-Essential Businesses Reopen and Employees Return to Work OSHA has issued guidance to assist employers reopening non-essential businesses and their employees returning to work during the evolving coronavirus pandemic. The guidance supplements 8 CAM MAGAZINE AUGUST 2020
the U.S. Department of Labor and U.S. Department of Health and Human Services' previously developed Guidance on Preparing Workplaces for COVID-19 and the White House's Guidelines for Opening Up America Again. The guidelines provide general principles for updating restrictions originally put in place to slow the spread of the coronavirus. During each phase of the reopening process, OSHA encourages employers to continue to focus on strategies for basic hygiene, social distancing, identification and isolation of sick employees, workplace controls and flexibilities, and employee training. Non-essential businesses should reopen as state and local governments lift stay-at-home or shelter-in-place orders and follow public health recommendations from the Centers for Disease Control and Prevention and other federal requirements or guidelines. Employers should continue to consider ways to use workplace flexibilities, such as remote work and alternative business operations, to provide goods and services to customers. OSHA also recommends that employers continually monitor federal, state, and local government guidelines for updated information about ongoing community transmission and mitigation measures, as well as for evolving guidance on disinfection and other best practices for worker protection. Visit https://www.osha.gov/SLTC/covid-19/ frequently for updates.
The Bird-Safe Buildings Act Passes the House The American Bird Conservancy (ABC) applauds the U.S. House of Representatives for passing H.R. 2, which includes H.R. 919-Bird-Safe Buildings Act. This bipartisan bill is designed to reduce bird mortality by calling for federal buildings to incorporate bird-safe building materials and design features. As many as 1 billion birds a year die in collisions with buildings in the United States. The Bird-Safe Buildings Act will soon be introduced in the Senate, and conservationists are optimistic about its passage, says the organization. Many bird-friendly design techniques―such as installing screens or grilles on windows and minimizing the use of glass on lower floors―are already used in some federal buildings to control heat and light, or for security. The proposed bill
would require the General Services Administration to apply similar measures, where practicable, to all new and existing federal buildings. The legislation would help address one of the greatest human-caused threats to birds, says Dr. Christine Sheppard, director of ABC's Glass Collisions Program: “In 2008, ABC founded what is still the only national-level program dedicated to reducing the billion bird deaths that occur annually from collisions with glass in the U.S.,” says Sheppard. “Since then, more than 20 states, counties, and municipalities have passed birdfriendly legislation. However, the H.R. 919 is a game-changer. The recognition of this issue at the federal level is a momentous achievement because if passed by the Senate and put into law, it will set an example for the entire U.S.A.” Read more at congress.gov.
Community Revitalization Projects to Support Continued Economic Growth Projects that will support growth and economic recovery in seven communities including Kalamazoo, Adrian, Allegan, Calumet, Hastings, Iron Mountain, and Mason have received support from the Michigan Strategic Fund (MSF), the Michigan Economic Development Corporation announced in July. In total, the projects are expected to generate a total private investment of $5.73 million and will bring new vitality and economic activity in downtowns across the state. Today’s MSF approvals demonstrate our continued focus on laying a path for economic growth and recovery in Michigan, while continuing to support the community projects that will secure the long-term economic health of our state,” said MEDC Senior Vice President of Community Development Michele Wildman. “We are pleased to work with our local partners on these projects, which will help make Michigan an even more attractive place to live, work, and play.” The Michigan Economic Development Corporation is the state’s marketing arm and lead advocate for business development, job awareness and community development with the focus on growing Michigan’s economy. For more information on the MEDC and our initiatives, visit www.MichiganBusiness.org. “The Voice of The Construction Industry®”
I N D U S T R Y
Automation Alley Receives $12 Million in Grant Funding to Support PPE Production Automation Alley, the World Economic Forum’s Advanced Manufacturing Hub (AMHUB) for North America, is the recipient of a $10 million grant from Oakland County and $2 million grant from Macomb County to help each county’s manufacturing base purchase and implement Industry 4.0 technologies that can be used in direct support of manufacturing Personal Protection Equipment (PPE). Oakland County, in partnership with Macomb County and Automation Alley, has created the Personal Protective Equipment Resilience Grant Program to address the urgent need to move Oakland County and Macomb County-based companies quickly into the digital manufacturing age of Industry 4.0 to help improve our region’s manufacturing agility for PPE in the wake of the COVID pandemic. The announcement of the Personal Protective Equipment Resilience Grant Program was made at a recent press conference at Automation Alley’s headquarters in Troy, where Oakland County Executive David Coulter, Macomb County Executive Mark A. Hackel and Automation Alley Executive Director and CEO Tom Kelly offered remarks. “It is Automation Alley’s distinct privilege to be entrusted with a grant of this magnitude for the express purpose of further mobilizing our region with Industry 4.0 technologies in preparation for future disruptions,” Kelly said. “We are grateful to Oakland County Executive David Coulter and Macomb County Executive Mark Hackel for their leadership in recognizing the need for rapid rampup to Industry 4.0 in our immediate manufacturing base and to position our region as an agile, digitalready essential source of PPE in times of national crisis.” Oakland and Macomb county-based manufacturers interested in applying for the Personal Protective Equipment Resilience Grant Program can find more information and a link to the application at https://automationalley.com/ppegrant.
DTE Gas Announces 2050 Net Zero Goal DTE Energy recently took a major step in building a cleaner energy future for Michigan. Last September, the company announced a goal to Visit us online at www.BuildwithCAM.com
achieve net zero carbon emissions by 2050 in its electric company – In June, it expanded its net zero goal to include DTE Gas. In a commitment unique to the industry, DTE Gas will reduce its greenhouse gas emissions to net zero by 2050 — from procurement through delivery. In addition, DTE Gas will be amplifying this net zero commitment by partnering with customers to address up to 100% of their own natural gas carbon footprint with programs that encourage energy efficiency and participation in the company’s voluntary emissions offset program. DTE Gas is an industry leader in reducing greenhouse gas emissions with a roadmap that includes suppliers and customers, as well as its own operations. This innovative plan sets a firstof-its-kind goal among gas delivery companies and significantly expands DTE Gas’s 2018 commitment to reduce methane emissions by 80%. The company’s net zero commitment, combined with customer participation in sustainability programs offered by DTE, would reduce annual greenhouse gas emissions by more than 6 million metric tons by 2050. This reduction is the equivalent of offsetting the natural gas emissions of 1 million homes or taking 1.3 million cars off the road annually. “Climate change is one of the defining public policy issues of our time and it demands a bold response,” said Jerry Norcia, president and CEO of DTE Energy. “The level of impact urgently needed can only be achieved by viewing the challenge through a holistic lens, bringing our suppliers and our customers on the journey with us. This is the right plan for our environment, for our customers and for our communities.” Learn more at www.dteenergy.com.
N E W S
October 2nd in Novi. The event regularly draws hundreds of engineers and technology professionals eager to find their next opportunity. Join some of Michigan’s leading companies and meet with candidates seeking full- and part-time positions, as well as internships and co-op opportunities. This recruitment event provides an opportunity to meet face-to-face with seasoned and mid-career professionals, college students and recent graduates, interact with a diverse talent pool in one location, promote your business and employer brand, and pre-qualify potential candidates and conduct on-the-spot interviews. Job seekers can learn about job openings in the engineering field and visit one-on-one with representatives from more than 35 leading engineering and technology companies. Past companies have included Altair Engineering, DTE Energy, Ford Motor Company, Gala & Associates, Ghafari, ITC, Link Engineering, MDOT, Optimal, Peter Basso, TEC Group, Tetra Tech, Solutions Group, and many more. Learn more at https://www.esd.org/gethired/.
Leaders In The Demolition Industry Since 1994. Located in West Bloomfield, Michigan.
DKI International Inc. specializes in the selective demolition of architectural, structural, mechanical and electrical systems. Our work includes structural shoring, temporary support, concrete saw-cutting & removal, light machine work, and removal of all types of flooring.
DKI Demolition www.dkidemolition.com
Site foremen are 30-Hour OSHA approved and take the highest levels of care to ensure the safety of all involved. DKI prides itself on the highest quality standards and takes all necessary measures to provide a safe and efficient work place.
ESD Engineering Career Fair Coming in October The Engineering Society of Detroit’s (ESD) Engineers Get Hired Job Fair takes place on
248-538-9910 Email: estimating@dkidemolition.com 6775 Daly Road, Suite 101 West Bloomfield, MI 48322
CAM MAGAZINE AUGUST 2020
9
Safety Tool Kit ACCIDENT PREVENTION PROGRAMS FOR CONSTRUCTION
By Jason Griffin CAM DIRECTOR OF EDUCATION AND SAFETY SERVICES
I
n this article, we will be discussing the development of effective, site-specific accident prevention programs for construction. As part of the discussion, we will be looking at three elements that OSHA has identified as core elements of an effective safety system that every business and workplace needs. I will break safety programs down into items that most companies should have as basic programs, discuss the need to develop hazard-specific programming, and finally discuss the need for ongoing improvement and monitoring of the program. Let’s begin with the regulatory requirement to have an accident prevention program in construction. All construction companies operating in Michigan under the provisions in Public Act 154 of 1974 must have an accident prevention program as identified in MIOSHA Construction Safety Standard Part 1: General Rules. The rule states that employers must develop, implement, and maintain an accident prevention program, and that a copy of the program must be on the worksite. It further describes what the basic components of the accident prevention program should contain. The measures described in the program must address the tools, equipment and safeguards necessary to perform work safely at the worksite. This means that the program is site-specific. OSHA has identified three essential elements that all employers need to have to allow for their accident prevention programs to be effective. These elements are: 1. Management Leadership 2. Worker Participation 3. A System to Find and Fix Hazards Management commitment is essential to the development of the programs through the allocation of resources, time, and demonstration of the values outlined as part of the overall safety programming. The key for management is the demonstration of commitment to the successful implementation of the safety program through their actions — this sets the tone for everything that follows. Workers need to be meaningfully engaged in the process through inclusion in the development of the programming, effective training, and assisting with finding and fixing hazards in the workplace. The combination of these processes moves the culture of the company to be more proactive in the management of safety. Ideally, the result is that hazards are identified and controlled ahead of an injury rather than following one. To learn more about these core elements, watch this short YouTube video available through OSHA’s Safe + Sound Campaign: https://youtu.be/gxKZrq3N3Zg
10 CAM MAGAZINE AUGUST 2020
“The Voice of The Construction Industry®”
S A F E T Y
T O O L
K I T
As a safety consultant, I regularly see safety programs that are written to meet the goals of outside organizations and that fail to meet the needs of the specific organization implementing them. I recently had a consultation with a small employer who had an 850+ page safety manual. He didn’t have the manual he needed to meet his employee’s needs, however. Instead he had a manual that met the requirements of a third-party auditing firm including programs that had nothing to do with the work his company actually performed. The program technically allowed him to perform work on specific jobsites, but it could not be effectively implemented with his employees. At the opposite end of the spectrum, I also see programs that are incomplete. What I mean by incomplete is that programming is not in place to address the actual hazards that a given company’s employees are exposed to. Safety programs at a minimum should include a commitment to safety by the executive management team, the roles and responsibilities of employees in the system, emergency response protocols, GHS-compliant HAZCOM procedures, incident investigation and recordkeeping procedures, designation of a competent/qualified person to administer the programs, and defined progressive disciplinary actions. Once these basics are addressed, employers need to review their working operations to identify specific hazards and implement procedures to safeguard against those hazards. This is a limited list of programming that you might need in your program: • Bloodborne Pathogens & First Aid • Electrical Safety • Hand & Power Tool Safety • Confined Space Safety • Fall Prevention Program • Ladder Safety Program • Scaffold Safety Program • Excavation Safety Program • Substance Specific (lead, asbestos, silica) • Driver Safety • Fleet Safety • Working Alone Policy There are many other programs that could be needed. Each employer must determine which programs are needed based upon the work that they are performing through the utilization of job safety analysis. In conclusion, safety programming is unique to the hazards present at the worksite. Employers must develop and implement safety programs that are appropriate to the scope of work being performed. Effective programs must include all three of the core elements to be effective long term. Proactive programming is more effective for controlling efficiency, costs, and scheduling than reactive programs. Employers must allow for ongoing evaluation of their programs to account for changes resulting from growth, changes in work scope, identified deficiencies in the field, or changes to regulatory requirements. For more information on this topic, please contact Jason Griffin by email at safety@buildwithcam.com.
Visit us online at www.BuildwithCAM.com
CAM MAGAZINE AUGUST 2020
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Construction Law: Notes from the Courts By Peter J. Cavanaugh, JD and Gary D. Quesada, Hon Aff AIA, JD, Cavanaugh & Quesada, PLC
E
ven during the shutdowns prompted by the COVID-19 pandemic, courts have continued to decide cases and issue rulings important to contractors, subcontractors, and design professionals. Below are some of the latest decisions that could affect your business.
CGL Insurance Coverage In Skanska USA Bldg. Inc. v. MAP Mech. Contractors, Inc., 2020 WL 3527909 (Mich. June 29, 2020), the Michigan Supreme Court considered the issue whether unintentionally faulty subcontractor work that damages a general contractor’s work product constitutes an “accident” under a commercial general liability (CGL) insurance policy. This is an important question because, under the policy, an “accident” is required in the definition of an “occurrence.” In insurance policy parlance, an “occurrence” is an insured event. In the case, the Plaintiff’s mechanical subcontractor installed the expansion joints in a steam heating system backward, which caused $1.4 million in damage to concrete, steel, and the heating system. The Plaintiff paid for the repairs and sued the subcontractor’s insurance company for coverage as an additional insured under the subcontractor’s CGL policy. No one disputed that the subcontractor’s error was unintentional, but the insurance company denied coverage contending the subcontractor’s defective work was not a covered “occurrence.” At the Court of Appeals, the court ruled for the insurer, finding no coverage. The Court cited the 1990 case precedent of Hawkeye-Security Ins. v Vector Construction, holding that “It is an established principle of law that an “occurrence” cannot include damages to the insured’s own faulty work product.” Hawkeye has been cited repeatedly in cases denying insurance coverage. The Michigan Supreme Court, however, has the power to establish new precedents. And it did so in this case. The Supreme Court noted the Hawkeye case involved a previous version of the CGL policy. In interpreting the 2007 version of the policy in Skanska USA, the Court concluded that under the newer policy language, “faulty subcontractor work that was unintended by the insured may constitute an “accident” (and thus may be an “occurrence”) under a CGL policy.” The Supreme Court remanded the case back to the Court of Appeals. The insurer may still assert any policy exclusions that apply, so this contest over insurance coverage may not be over yet. However, it appears when a subcontractor’s faulty work causes damage to the contractor’s installation, the legal barrier to the contractor establishing an ‘occurrence’ under typical CGL policies has been removed. The Skanska USA decision is binding precedent, which lower courts must follow. 12 CAM MAGAZINE AUGUST 2020
“The Voice of The Construction Industry®”
C O N S T R U C T I O N
Takeaway: The Skanska USA ruling helps contractors navigate around the “your work” exception raised so frequently as a bar to coverage by insurance companies where the faulty work was performed by a subcontractor which causes damage. In a time where contractors perform much of the work through subcontractors, this is a distinction that makes a difference. Contractors should treat these situations as insurable events and promptly follow all reporting requirements set forth in the policy.
Professional Malpractice Claims Lawyers are known for carefully drafted documents and zealous advocacy, but sometimes overly clever claims might just land you in trouble. Michigan-licensed architects, engineers, and surveyors enjoy a relatively short two-year statute of limitations for malpractice claims, starting from the date the design professional discontinues serving a potential plaintiff in a professional capacity. In Windemere Park of Troy Operations, LLC v. MA Eng'g, Inc., 2020 WL 2296870 (Mich. Ct. App. May 7, 2020), the Plaintiff alleged that its engineer improperly designed the HVAC system. The ductwork was larger than expected and interfered with the steel framing of the building and caused a five-month project delay. The owner did not file its lawsuit, however, until 26 months after the engineer stopped serving the owner in a professional capacity on the project giving rise to the claim. The Plaintiff sued for malpractice but also pled “alternate theories” against the engineer that carry longer statutes of limitations, including “negligent misrepresentation” (3 years) and “breach of contract” (6 years). The engineer successfully petitioned the trial court to dismiss the owner’s claims under the twoyear malpractice statute of limitations. The Plaintiff argued its other claims, with three- and six-year statutes of limitation should survive and the case be allowed to go forward. The Court of Appeals disagreed. The Court of Appeals said it must consider the substance of the Plaintiff’s claims, not just the label assigned to the claim. The Court stated, “A party cannot avoid dismissal of a cause of action through artful pleading; the gravamen of a plaintiff’s actions is determined by evaluating the entire claim.” After examining all the factual allegations, the Court concluded they all stated the same thing: “A claim of inadequate and defective engineering services, without an allegation of some special agreements, sounds in malpractice and is governed by the [twoyear] limitations period of a malpractice claim, even if the plaintiff couches its complaint in terms of a breach of contract [which has a six-year statute of limitations]. Visit us online at www.BuildwithCAM.com
Besides upholding the dismissal of the owner’s claims, the Court of Appeals also upheld $17,420 in sanctions imposed by the trial court against both the Plaintiff and the Plaintiff’s attorney for filing a frivolous claim. In February of this year, the Court of Appeals decided the case of Preyde One v Hoffman Consultants, 2020 WL 908943 (Mich. Ct. App. Feb 25, 2020). In Preyde One, the owner of a hotel alleged that the structural engineer for the project breached its duties “by preparing insufficient drawings and specifications and by failing to properly inspect and supervise the structural work on the Hotel.” There was no direct contract between the owner and the structural engineer, who was a subconsultant to the project architect. The court cited the statute of limitations for architectural or engineering malpractice, which states: “[a]n action against a state-licensed architect or professional engineer or licensed professional surveyor arising from professional services rendered is an action charging malpractice subject to the [two-year] period of limitation contained in [MCL 600.5805(8)].” Because the allegations arose from professional services rendered, the engineer argued the two-year malpractice statute applied, barring the
L AW
claim. The owner argued there was no direct contractual relationship between the owner and the engineer, so the engineer could not have rendered any professional services to the owner, and therefore the two-year statute did not apply. The court held that the statute of limitations did not require a direct contractual relationship, and by providing structural engineering services for Preyde One’s hotel, the structural engineer (Hoffman) was serving Preyde One. Therefore, the two-year statute of limitations applied. The claim was dismissed. These two cases are “unpublished” decisions by the Michigan Court of Appeals, so neither is a binding precedent that other courts must follow. However, both the Windemere and Preyde One decisions rely upon published case law, legal precedent, and current statutes. Courts can review unpublished cases and often find the reasoning persuasive. Takeaway: With very few exceptions, claims against design professionals by project participants will be subject to the “malpractice” statute of limitations, which is two years from the time the designer discontinues serving the plaintiff or six months from the time the claim was discovered or should have been discovered.
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Arbitration – Who Decides Arbitrability? Arbitrability addresses the threshold question of which claims should be heard and decided by an arbitrator and which will be decided by a court. The Sixth Circuit Court of Appeals, which includes Michigan, recently joined the other eleven circuits in finding that under the Federal Arbitration Act, a contract that incorporates the American Arbitration Association (AAA) rules provides “clear and unmistakable” evidence that the parties agreed to delegate arbitrability questions to the arbitrator. That is because the AAA rules provide that the arbitrator can rule on what claims are within their jurisdiction and decide such claims on the merits after receiving all the evidence. See, Blanton v. Domino's Pizza Franchising LLC, __F3d __ (6th Cir. June 17, 2020). This case is a federal court of appeals case, which constitutes a precedent binding on federal district (trial) courts. State courts interpreting arbitration agreements under the Michigan Arbitration Act are not bound by this ruling but may consider it and be persuaded by the reasoning. Takeaway: Parties who do not want to give an arbitrator the power to decide both their own jurisdiction and claims submitted to them should modify their contracts to expressly state that questions of arbitrability are reserved for a court to decide, not the arbitrator. Since arbitration is a contractual arrangement, a court should enforce a contract provision that specifies which claims will be arbitrated and who will decide that question, a court or an arbitrator.
About the Authors:
Peter Cavanaugh and Gary Quesada practice law together in Royal Oak. Their practice is focused on business and construction law matters including litigation, arbitration, and mediation of construction disputes. They represent design professionals, contractors, specialty trades, and suppliers. Visit their website at www.MichiganConstructionLaw.com.
14 CAM MAGAZINE AUGUST 2020
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Construction Workers’ Compensation Insurance and Risk Management in the Age of COVID-19 By Brian Klein and Jason McClelland CPIA, CAWC, VTC Insurance Group
he coronavirus (COVID-19) outbreak has impacted businesses across a variety of industries, forcing them to rethink their daily operations to ensure the safety of their employees and the public. This is no different for construction firms, where multiple contractors and tradespeople on a jobsite may be working in the same space at any one time. In these instances, just one misstep can lead to the quick spread of COVID-19, jeopardizing the well-being of workers. As contractors think about getting the job done, even though the pandemic has given us new challenges to overcome, what has not changed is the one-two punch of an insurance program with sound risk management and safety protocols.
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Workers’ Compensation and Employer Liability Insurance Implications As COVID-19 continues to disrupt lives and businesses around the world, an interesting question comes to light: How does the workers’ compensation system respond during a pandemic and what you can do to put you company in the best position? Workers’ Compensation and Employers’ Liability Insurance, which, as the title suggests, is designed to protect a business against work-related injuries for their employees. By law, workers’ compensation insurance is the exclusive remedy for employees who are injured on the job and protect businesses from the financial liability associated with those losses. There are two parts to workers compensation insurance: Part one is the statutory coverage for employee injury or disease. Part two is when workers’ compensation does not apply, the exclusive remedy does not apply, and employees may sue their employers in tort. Employees also can sue even if WC does apply to their illness if they can claim that the exposure was caused by the willful act or omission of their employer. The definition of “willful” for WC purposes differs from state to state. But will workers’ compensation policies respond to COVID-19? The answer is: It depends. Many factors affect whether a loss would be covered, including the type of loss, the type of coverage and the terms and conditions of specific policies.
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Here are some things to keep in mind: • Review your policy. Take note of the coverages and exclusions with respect to your insurance protection • Report a claim to your insurance carrier. If you have an incident or loss, your insurance carrier will make the determination on whether coverage applies or not, based on the facts and merits of the claim • Coverage depends upon coverage language, WC statutes and case law and the individual facts and merits of the actual claim. In general, whether an illness arises out of and in the course and scope of employment is a function of the employee’s activities. Ask yourself: Was your employee benefiting your business when exposed to the illness or disease? Traditional workplace injuries, like falling or cutting your hand at work, clearly arise out of and occur in the course of employment and are covered. However, this is not clear when an employee contracts a communicable disease such as COVID-19. Generally, workers’ compensation does not cover routine community-spread illnesses like a cold or the flu because they usually cannot be directly tied to the workplace. This creates a dilemma. Is/should the communicable disease COVID-19 be covered under Workers’ Compensation, and it is being discussed by state governors and legislators nationally and locally with 7 Bills currently proposed in Michigan? Most notably, the essential workers bill HB 5758. It remains to be seen how COVID-19 or future pandemic-type claims will be adjusted under Workers’ Compensation policies. There are additional impacts, considering that losses covered under Workers’ Compensation also have a direct impact to the experience modification factor (EMR), which can drive premium costs as well as influence how owners award contracts to contractors. It is understandable for a company to be frustrated that there is not a clear-cut coverage answer, but in the meantime, the key is to focus on what’s in the company’s control. By this, we mean a sound risk management and safety program that anticipates exposures to communicable disease and illness. Risk Management & Safety Even though stay-at-home orders and many restrictions are lifted, daily operations are not business-as-usual for many across the country. The coronavirus pandemic is still spreading. In fact, public health officials and experts are warning of a potential second wave of COVID-19 cases. Of course, no one knows if or when a second wave of infection will strike—or whether it will be as bad as or worse than
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the first wave. Regardless, the virus is present today and, as such, contractors across the country should start planning and addressing this and other communicable disease exposures for the protection of their businesses. Similar to other hazards, the best protection to help slow the spread of COVID-19 and avoid lost time and production as well as insurance claims (whether they are covered or not) is to mitigate it with a thorough action plan that addresses safety protocols for all aspects of a jobsite. The plan should be based on Centers for Disease Control and Prevention (CDC) and Occupational Safety and Health Administration (OSHA) guidance and outline the responsibilities of managers and employees, jobsite safety measures and OSHA recordkeeping considerations. While there may be worksite-specific considerations to keep in mind, the action plan should include general strategies that both managers and employees can use to address COVID-19 safety concerns to remain safe on the job and still productive. First Step: Review Federal, State and Local Guidance Like the first wave of COVID-19 cases, governmental guidance will play a large role in how your organization should respond to the ongoing pandemic
including a “second wave” of COVID-19 cases. The pandemic has impacted states and regions in different ways. A second wave of cases may follow the same suit, affecting different regions at different times and in varying capacities. This means that contractors in one region may be able to remain open, while contractors in other regions may need to close or adjust for a second time. As such, it is critical to understand and continually review all relevant state and local orders to determine if your business needs to act in the face of a second wave of COVID-19 cases. Next Step: Review Your Organizational Risks Even if there are not federal, state or local recommendations to close your business or make changes to prevent the second spread of COVID-19 cases, that does not mean your organization is safe from the coronavirus. What is more, some contractors may have greater exposures than others, underscoring the importance of performing a thorough risk assessment to determine how you should respond. While the complexity of risk assessments will differ from site to site, they typically involve the following steps: 1. Identifying the hazards—When it comes to planning for a pandemic like the coronavirus,
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contractors need to think critically about their exposures, particularly if an infected person entered their jobsites. When identifying hazards, it is a good idea to perform a walkthrough of the site and consider high-risk areas. It is also important to consider what tasks employees are performing and whether they are especially exposed to COVID-19 risks when performing their duties. 2. Deciding who may be harmed by a second wave of cases and how—Once you have identified hazards to your business, you need to determine what populations of your workforce are exposed to COVID-19 risks. When p performing this evaluation, you will need to make note of high-risk individuals (e.g., staff members who meet with customers or individuals with preexisting medical conditions). 3. Assessing risks—Once you have identified the risks facing your operation, you must analyze them to determine their potential consequences. For each risk facing your business, you will want to determine: o How likely is this particular risk to occur? o What are the ramifications should this risk occur? When analyzing your risks, consider potential
financial losses, compliance requirements, employee safety, work business disruptions, reputational harm and other consequences. 4. Controlling risks—With a sense of what the threats to your business are, you can then consider ways to address them. There are a variety of methods businesses can use to manage their risks, including: o Risk avoidance—Risk avoidance is when a contractor eliminates certain hazards, activities and exposures from their operations altogether. o Risk control—Risk control involves preventive action. o Risk transfer—Risk transfer is when a business transfers their exposures to a third party. For preparing for a second wave of the coronavirus, control measures could include cleaning protocols, work-from-home orders and mandated personal protective equipment (PPE) usage. 5. Monitoring the results—Risk management is an evolving, continuous process. Once you have implemented a risk management solution, you will want to monitor its effectiveness and reassess.
Remember, the COVID-19 pandemic so far has been rapidly evolving, and guidance can change quickly. Your business should be prepared to act at short notice. Once you have determined your risk assessment, developing and maintaining a workplace safety plan is crucial to preventing the spread of COVID-19 at your organization and will continue to be crucial in protecting your organization against a second wave of COVID-19 cases. There are several CDC and OSHA workplace controls to consider if your risk assessment determines that COVID-19 poses a threat to your employees or customers. For instance, you should: • Implement administrative controls—Typically administrative controls are changes in work policies or procedures that reduce or minimize an individual’s exposure to a hazard. An example of an administrative control for the coronavirus is establishing alternating days or extra shifts that reduce the total number of employees in a facility or jobsite at a given time. • Utilize personal protective equipment and work practice controls—In addition to standard PPE, like hard hats and hearing protection, the company should provide: � Gloves—Employees should always wear
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gloves while at the jobsite. The types of gloves employees use should be appropriate for the task at hand. If gloves are not typically required for a given task, any type of glove would be appropriate, including latex gloves. � Eye protection—Employees should always wear eye protection while on the jobsite. � Employees should use N95 respirators if the task requires it. However, due to the current shortage of N95 respirators, employees are encouraged to reduce the need for masks by limiting their exposure to dust. This would include using engineering and workplace controls using water delivery or dust collection systems, for example, practicing good housekeeping to reduce dust on the jobsite. • Jobsite protective measures—These controls protect workers by eliminating hazardous conditions, points of possible exposure or by placing a barrier between the worker and the hazard. For COVID-19, these controls can include: � Educating employees of the signs and symptoms of COVID-19 and encouraging them to stay home and/or seek medical care if feeling sick or demonstrating symptoms. � Employees should be asked to practice social distancing and keep at least six feet of distance from co-workers, contractors and visitors. � The company should consider dividing crews to reduce the number of workers on the jobsite at any given time. Employees should stagger lunches to limit the number of individuals congregating in break areas. � Provide access to handwashing stations and alcohol-based hand sanitizers. � Employees should refrain from sharing tools and equipment. In instances where this is unavoidable, the company will provide alcohol-based wipes and other cleaning materials that employees can use to clean tools and equipment. � Avoiding the use of a common water cooler. For increased safety, company will provide employees with disposable plastic water bottles or instruct them to bring their own. • Jobsite cleaning and disinfecting controls— Frequently touched surfaces should be disinfected often. � The worksite, trailers and break areas must be cleaned at least once per day. This can involve sanitizing doorknobs, Visit us online at www.BuildwithCAM.com
keyboards, tools, reusable supplies and equipment. Employees responsible for cleaning will be given the appropriate PPE. Cleaning should be completed using CDC-recommended products. � Trash will be collected from the jobsite regularly. Those collecting trash will be instructed to wear nitrile, latex or vinyl gloves. � Portable toilets will be sanitized at least twice per week. • Screen employees and visitors before they enter the building or jobsite— To keep employees safe, consider conducting screening procedures to identify potentially ill employees before they enter the workplace. The Equal Employment Opportunity Commission permits employers to measure employees’ body temperatures before allowing them to enter the worksite. Any employee screening should be implemented on a nondiscriminatory basis, and all information gleaned should be treated as confidential
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medical information under the Americans with Disabilities Act—specifically, the identity of workers exhibiting a fever or other COVID-19 symptoms should only be shared with members of company management with a true need to know. Be sure to notify employees of this practice prior to implementation to avoid catching them off guard. • Manage the different risk levels of their employees—It is important to be aware that some employees may be at higher risk for serious illness, such as older adults and those with chronic medical conditions. • Separate sick employees—Employees who appear to have symptoms (e.g., fever, cough or shortness of breath) upon arrival at work or who become sick during the day should immediately be separated from other employees, customers and visitors, and sent home. If an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19. The employer should instruct fellow employees how to proceed based on the CDC Public Health Recommendations for Community-Related Exposure, and applicable local guidance. Finally: Be Sure to Communicate with Employees The past few months have caused immense change for your business and your employees. A poll from Ginger, a mental health provider, revealed that 88% of U.S. workers have been moderately to extremely stressed during the past 4-6 weeks, with more than two-thirds reporting these times are the most stressful in their careers. It is not possible for you to control the pandemic, but it is possible for you to help ease the stress your employees are experiencing. In these uncertain times, it is imperative that you clearly communicate your business’s plans as frequently as possible. Here are some tips for effective employee communications: • Be open with employees about management decisions and ask for suggestions to rectify problems. • Provide as much information as possible about the pandemic. • Communicate the future of the business with employees often—in meetings, on the company intranet site, in newsletters and in blogs. • Be empathetic in your communications, as e very employee’s situation may be different. Additionally, try to give as much notice as possible if your company plans to make significant workplace changes, including shutting down operations or requiring employees to work from home. Prepare Now to Stay Safe Later Due to the nature of the COVID-19 pandemic, rules
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and regulations are constantly changing. You should be prepared to change your business practices if needed to maintain critical operations. For more information on how to keep your business, employees and customers safe whether a second wave of COVID-19 cases occurs or not, VTC Insurance Group can assist.
About the Authors:
Brian Klein, Senior Vice President – Group Operations for VTC Insurance Group, provides administration and management oversight of Property & Casualty (business insurance and personal insurance lines). Brian has over 22 years of property and casualty experience, providing extensive guidance and leadership in sales and underwriting.
Jason McClelland CPIA, CAWC, Account Executive at VTC Insurance Group, has over 12 years professional insurance and surety bond experience mostly in the areas of construction, transportation, manufacturing, technology, and environmental risk. Visit us online at www.BuildwithCAM.com
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Bonding Through Coronavirus By Jeffrey A. Chandler, VTC Insurance Group
“I’d rather be lucky than good” – Lefty Gomez, New York Yankees
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hile many elements of life have been turned upside down during the COVID-19 pandemic, one aspect that has remained relatively stable has been the surety bond market. There are several factors that play into this relative stability, but almost all have to do with the fortuitous timing (at least in the sense that anything can be fortuitous about this) of the pandemic over any industry-wide strategic plan. There are four fortuitous timing elements that were key to keeping the surety bond market stable through the first two quarters of 2020: 1. December 31st is the most common fiscal year-end date. March 31st is also a very common date. While fiscal year-end balance sheets are but a snapshot of a moment in time, they are still the number one key factor and driving force in surety bond underwriting. It was fortuitous that as underwriters were forced to respond to the uncertainty of a pandemic they could lean on having relatively fresh updates, or at the very least current and imminent projections of the single most important dataset they use in the process. 2. 2019, like 2018 before it, was by all accounts another very solid year for most contractors. There is no mystery behind the fact that a profitable year in which profits in excess of distributions are contributed to a contractor’s stockholders equity make your surety bond underwriter’s ability to maintain or increase your company’s authority levels more easily accomplished. That same factor of profits maintained in the company also reduces the need your surety underwriter will have for added information or more scrutinized day-to-day bond facilitation. One can only imagine, and dread, the compounding effect a year like many in our local contracting community experienced in 2008 being the foundational financial platform from which the surety underwriters had to respond to COVID uncertainty. The compounding impact would have been disastrous, and it was beneficial that this pandemic came on the heels of generally profitable years. 22 CAM MAGAZINE AUGUST 2020
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3. Our geography has historically dictated less importance on the operational results of the first 120 days of the year than in other parts of the country. For decades, Michigan bonding agents and Michigan-based bond underwriters have reiterated to the ivory tower executives of the bonding industry that making a production out of underwriting Michigan’s 1st quarter (and even to some extent 2nd quarter) results is a fool’s errand. For many Michigan contractors, especially those in the civil space, the first quarter is more about mitigating the hole from which we work our way out of for the rest of the year than it is about reporting profitable starts to the year. That this outbreak occurred when it did, and fell into a period of time when surety companies already are prepared for a 90-day period of lower production, lower profits, and not over-reacting to that natural dip in our construction cycle was again, as well-timed as one could hope for. Other parts of the country were not so psychologically predisposed to digesting an uncertain quarter. 4. The timeframe that the Paycheck Protection Program (PPP) went from conceived idea to money in the end users account was historically expedient. Especially so by notoriously bureaucratic government standards and especially so given the size and breadth of the program’s recipient pool. While there will be plenty of time to debate the long-term ramifications of that m massive government program, there is little debate that meaningful funds found their way into the accounts of the small and mid-sized businesses that drive our economy, including and perhaps especially construction, which had large swaths of “essential” work to boot. That surety underwriters were able to salve the uncertainty with reassurances of these funds coming into the balance sheets of their clients added another leg of stability to the already strong collective balance sheet of the Michigan construction community.
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While the quote in the header of this article may have worked for Yankees pitchers of yesteryear, and it certainly worked for Michigan contractors in the first wave of the COVID pandemic, we need to use that knowledge of why and how we got through the first wave of the pandemic with bonding stability to collectively prepare and count on more than fortuitous timing for the inevitable and imminent next wave or waves. In other words, knowing why the surety market has been stable and why you should have experienced few if any disruptions to your surety bond program during this time is all fine and well. However, the real importance of knowing why you have experienced relative stability is so that you can be prepared to proactively and preemptively maintain that same stability when the next disruption, COVID-related or otherwise, falls upon us. If we are to trust our experts, there is very little doubt that we will have multiple rounds of COVID case spikes over the coming 6-12 months. The playbook for shutdown measures that was assembled
ad-hoc the first time around is now more fully established for corporate HR teams and elected officials to implement swiftly and at the first signs of pressure to do so. While companies looking to sustain profitability, individuals looking to maintain personal economic stability, and/or the electorate through their voting patterns in the next election may exert pressures that change that playbook, the contractor looking to maintain their surety program stability would be wise to plan for restrictions, regulations, and behavior patterns similar to those of round one.
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Be prepared to have meaningful financial reporting available. If you are a company that has a full-time CFO – great! You’re probably already prepared here. If you aren’t the size company that has a full-time CFO and accounting department, however, it would be prudent to collaborate with your CPA and enlist their help. Things
Your Legal Team in Michigan Sullivan, Ward, Patton, Gleeson & Felty, P.C. has stood for strength, experience, dedication and teamwork for more than six decades. We provide comprehensive construction, business, transactional, and litigation services to the business community. As a client of our law firm, you will work with a team of lawyers whose experience and knowledge are especially suited to your specific legal and industry needs. You will be an integral part of that team because you know your business better than anyone else. KEVIN J. GLEESON Construction Law Practice Group Leader E-mail: kgleeson@sullivanwardlaw.com • www.sullivanwardlaw.com SOUTHFIELD MICHIGAN
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like depreciation, over/under billing adjustments, tax and bonus accrual, retained earnings recon ciliations, and other entries that bookkeepers may often wait until fiscal year-end meetings with the CPA to make will be important to have done for 9/30 and internal 12/31 financial reports. This will allow the information you provide your surety bond company to be more accurate, more meaningful, and most importantly more certain in the fight against uncertainty in the marketplace. An ounce of pre vention will be worth more than a pound of cure here. Have a plan to react to shut downs. Will you lay off your work ers? Your office staff? Do you have line items in your General and Administrative expenses that can be cut back on short notice?
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What other cash preservation actions could you take if needed? Is any portion of your receivables particularly vulnerable to an Owner losing bank financing? Now more than ever verifying and validating the source, terms, and stableness of private work’s financing source will be key. You don’t need a 20-page pandemic respond playbook, but being able to express in a few bullet points the steps you can take to preserve your company’s balance sheet if there is another shutdown will give your surety partner an ele ment of certainty and confidence. These same concepts and ques tions as they apply to specific large and/or long-term projects would be good to have at the ready as part of your bond request discussion and collaboration with your agent. Plan, predict, and pro-forma your cash flow and earnings. This is another item that can go a long way with a little collaboration with your CPA. Certainly any plan is subject to change, but having a written starting point from which to plan will help contractors navi gate the uncertainty, and demon strating a written pro-forma posi tive outlook on cash and earnings specific to your backlog will add confidence to your surety part ners’ service platform with you. Maintain good relations with your bank. Cycle some borrowings and pay-downs on your line of credit. When we need our banks the most, we don’t want to be the customer that’s easiest from which our banks can pull back. Is an early renewal or extension of your line of credit an option? Is your bank prepared that lending demand will likely go up during the next wave? Have these con versations now so that if you need short-term cash flow in the coming
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months your bank is standing with you. Continue to negotiate against bad contract language. Owners in other states have tried to put lan guage in contracts specifically identifying future pandemic out breaks and the associated costs t to be borne with them as being on the backs of the Contractors. Organizations like the Construction Association of Michigan and the Michigan chap ter of the Surety Association of America fight on your behalf against these attempts and put ting undue risk on the contracting community, but only with your frontline support will those battles be won in the long run. Work with your legal counsel on protective measures like force majeure clauses, ability to stop work for
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extended non-payment, and reasonable compensation for over head and general conditions on contracts cancelled mid-stream. Consider bonding back subcon tractors underneath you. Just as an Owner asks for a bond from you to mitigate their uncertainty, so too can you get a bond from your subcontractors listing you as Obligee (beneficiary)
By knowing what kept the surety market stable through the first wave, we can properly prepare to keep stability for our own contracting community and to highlight those stabilizing forces and factors to our surety bond partners. This good planning and effort will help maintain stability, support, and service without interruption through the inevitable turbulence yet to come. Of course, a little luck never hurt either.
About the Author:
Jeffrey A. Chandler, Executive Vice President – Surety, VTC Insurance Group, has an Organizational Management degree from the University of Michigan with a focus on accounting and a broad background as an underwriter. He joined VTC in 2003, following his tenure with national surety firm The Hartford. Jeff is an Associate in Fidelity and Surety Bonding.
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DESIGN-BUILD TEAM ACHIEVES DATA CENTER FIRSTS FOR MICHIGAN omplex projects like data centers typically do not take a design-build approach. But in 2019, team members at Granger Construction, Integrated Design Solutions (IDS), IBI Group, Motor City Electric and Conti Corporation made history as their design-build data center project became the first in the state of Michigan to receive Uptime Institute’s Tier III Certification for both design and constructed facilities. Not only was this project the first of its kind completed in the state, the Owner also tasked the team to complete the design phase within a challenging 12-week sprint and construction in just over a year. In the following case study, the project team shares best practices and lessons learned from their experience.
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A Challenging Project “When designing this project, we faced many challenges beyond planning for Tier III Certification,” noted Granger Senior Project Manager, Joanne Kulbacki. Multiple Decision-Makers: As an enterprise data center for an International Fortune 500 client, this project included a number of stakeholders whose interests we needed to coordinate. The Owner had many individuals involved in approving each decision, including leaders from their IT group, facilities design, engineering, security and risk management divisions. Aggressive Timeline: The Owner’s goals for the design schedule were very ambitious. Their Request for Proposal (RFP) asked for a design-build approach based on limited criteria, and included no drawings. The Owner also proposed a 12-week design timeline, and asked us to develop an operational strategy to complete the design according to the limited RFP criteria.
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New Standards: Typically, design-build projects are designed based on project requirements outlined in the RFP, with little further input from the Owner. However, this project was the Owner’s first data center, and they wanted to ensure it was designed and built to the latest industry standards. They also wanted to maximize flexibility for future information technology innovations, allowing them to use this design as a template for future data centers. To accomplish this, our team needed to help the Owner establish design standards and specifications for a building category completely unfamiliar to them. In the end, we successfully coached them through 39 critical design decisions. One of the most critical of these design decisions was the uninterruptible power supply (UPS) system. Not only did it influence the layout and size of the facility, but it also allowed for the UPS equipment to be purchased during the design phase, which ultimately helped reduce the construction schedule. The Solution “Designing an enterprise data center in only 12 weeks is a nearly impossible task,” continued Kulbacki. “But the biggest reason our team was successful was our operational strategy and agility.” Three-Week Batching: To start, we organized all critical design decisions into a series of workflow batches that cycled through a three-week decision process. Week one, we introduced a new item to the Owner that needed a decision, and together we brainstormed multiple options or solutions to be presented in detail the following week. Week two, we presented a detailed analysis of these options, including cost. Week three, we answered any of the Owner’s outstanding questions. Then the Owner decided on an option or solution. Each week, the team started a new batch of decisions through the cycle, and by week three of each cycle, we finalized design decisions. “The ability of the design team’s partners to step back with an open mind and objectively analyze the Owner’s data center needs as new concepts were being evaluated, weighing the functionality, budgeting and validating long term goals, was critical to achieving a successful Visit us online at www.BuildwithCAM.com
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design,” added Motor City Electric team member, Ray Fortier. The UPS system was one of the first items we presented. Week one, we worked with the Owner to establish several UPS options, including: • Transformer-based static UPS • Transformerless static UPS • Rotary UPS • Several stored energy options (ex. vented lead acid (VLA) batteries, valve regulated lead acid (VRLA) batteries and flywheels We presented our analysis on week two, and the Owner made a decision on week three. The three-week batching process permitted the Owner to make an informed decision on a very complex topic in a relatively short time, allowing us to purchase the UPS equipment early in the design phase. Weekly Meeting Flow: Throughout each three-week cycle, we also used an effective weekly meeting flow. Every
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Tuesday, our design team met with the Owner to: • Review the budget • Measure our progress in the design process • Present design options outlined in the three-week batching plan • Make critical decisions required that week We conducted a plus/delta survey at the end of every meeting to ensure we were adding value each week. On Wednesdays, our team of 25 professionals (engineering and trade partners) set the agenda for the following Tuesday meeting based on the 12-week
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plan and any Owner feedback. Then we conducted discipline-specific breakout sessions per the agenda, where we developed solutions/options that included cost, schedule and cost-of-ownership analysis. The remainder of the week (Thursday–Monday), we used short huddles lasting 15-60 minutes to finish preparing the presentations for the Tuesday Owner meetings. “These rapid-cycle, multidisciplinary design team meetings eliminated an endof-phase ‘throw it over the wall mentality’ and permitted analysis of constructability hand-in-hand with design decisions,” stated IDS Project Manager, David Giroux, AIA. This weekly pattern also kept the team focused and coordinated, while setting a precedent early in the project for fast and efficient decision making. Key Participation: “One of the biggest factors for success with our design workflow was having the right people in the room when we needed them, as well as the outstanding coordination and chemistry between the Owner, construction manager, design team and trade partners,” added IDS Electrical Engineer, Justin Kiriazis, PE. Our design team had subject matter experts from Motor City Electric, Conti Corporation and other trade partners and vendors to tackle specific challenges in preparation for the Tuesday Owner meetings. This meant we could have ongoing constructability discussions during the entire design phase, along with access to continuous, accurate cost information based on proposed design options. For instance, Conti Corporation Mechanical Director, Vic Calleja, and Sr. Mechanical Estimator, Jon Tkac, noted it was especially effective being able to work with the team early to gain valuable feedback about the mechanical system requirements. “After identifying the Owner’s mechanical needs, such as the capacity of megawatts required, we dovetailed a mechanical system to achieve the proper cooling required, along with redundancy in the event of any type of catastrophic failure, to ensure the equipment will operate without skipping a beat. Working with our team partners we were able to accomplish this monumental task and “The Voice of The Construction Industry®”
C O N S T R U C T I O N
Visit us online at www.BuildwithCAM.com
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C O N S T R U C T I O N
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came up with our final mechanical design that achieved the Uptime Institute Tier III certification requirements.” Having the right people in the room at the right time greatly contributed to effective and accurate analysis of the presented design options, quick decisions by the Owner and zero downtime during the design phase. The close coordination between our design team and trade partners and quick Owner decisions allowed us to pre-purchase equipment and begin construction efforts during the design phase, helping us meet the tight construction schedule. By setting a detailed agenda for the weekly Owner meetings, the Owner had great participation from their subject matter experts and decision-makers throughout the process; having the right Owner representatives in the room, week after
week, was key to achieving a quick turnaround on complex decisions. Visual Communication “Another key to our team’s success was utilization of various visual communication tools,” stated Kulbacki. With so many and stakeholders decision-makers involved, we needed to ensure even the most specialized technical details were communicated in a manner everyone could understand. To that end, we used simple diagrams/pictures to cover a variety of topics and ensure equal
ABOVE “Building Information Modeling (BIM) has become a standard for projects across industries, and our team found this visual communication tool especially effective for coordinating the vast complexities of mechanical and electrical infrastructure within this fast-paced data center project,” noted IDS Electrical Engineer, Scott Batzold, PE.
30 CAM MAGAZINE AUGUST 2020
“The Voice of The Construction Industry®”
C O N S T R U C T I O N
understanding among participants, regardless expertise.
all Owner of area of
BIM Models: “Building Information Modeling (BIM) has become a standard for projects across industries, and our team found this visual communication tool especially effective for coordinating the vast complexities of mechanical and electrical infrastructure within this fastpaced data center project,” noted IDS Electrical Engineer, Scott Batzold, PE. Our team’s documentation and BIM modeling
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accuracy became critical factors in uninhibited construction allowing progress. The team used BIM to run clash detections, coordinate trade designs and present design concepts to the Owner. BIM also enabled us to compare choices and answer questions about proposed options. For instance, we used BIM to explore the data hall layout and determine the best access route to chilled water piping underfloor and access points for maintenance. Choosing by Advantage: As we cycled through the three-week batch process, our design team used Choosing by Advantages (CBA) to help the Owner arrive at decisions for the complex topics. For instance, when choosing the UPS system, the Owner was presented a CBA matrix with five UPS options and attributes listed for each option based on nine attribute categories. The attributes were assigned weighted points based on importance to the Owner. A chart of the CBA results and the total cost of ownership allowed the Owner to visually see the flywheels option was the best solution. The CBA process made the Owner feel more confident in their decisions and helped streamline the decision-making process.
BELOW The team used BIM to run clash detections, coordinate trade designs and present design concepts to the Owner.
Presentations: We created visually-rich presentations to illustrate real design content to the Owner every week. These helped ensure universal understanding of complex design concepts across a large and diverse audience, facilitating faster decisions. Dashboards: We used a dashboard layout to track major metrics, weekly meeting attendance and progress towards goals. On this project, major metrics included LEED certification points and Uptime Institute Tier III Certification steps achieved to date. We updated this dashboard before every weekly Owner meeting to reflect the latest numbers. Goals, Roles and Contingencies “Our team is proud of what we accomplished with this challenging design-build project,” notes Kulbacki. “But one major takeaway we learned and
Visit us online at www.BuildwithCAM.com
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C O N S T R U C T I O N
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RIGHT When choosing the UPS system, the Owner was presented a CBA matrix with five UPS options and attributes listed for each option based on nine attribute categories.
ARE YOUR
JOBSITE POSTERS COMPLIANT WITH FEDERAL AND STATE LAW? GET THE MOST UP-TO-DATE JOBSITE POSTER FROM AT AN UNBEATABLE PRICE! CAM publishes a plastic-laminated, all-in-one, 30”x 60” jobsite poster that contains the following Federal and State of Michigan posters required on all jobsites. The cost is $45 (CAM Members: $35). REQUIRED FEDERAL POSTERS
REQUIRED STATE OF MICHIGAN POSTERS
Employee Rights Under the Davis-Bacon Act
Michigan Employment Security Agency
Equal Opportunity is the Law
Michigan Law Prohibits Discrimination
Equal Opportunity is the Law - Supplement
Michigan Minimum Hourly Wage Rate
Employee Polygraph Protection Act
Michigan Right to Know SDS - Hazardous Chemicals
Employee Rights and Responsibilities under the Family Medical Leave Act Workers Rights Under Executive Order 13658 Your Rights Under USERRA
Michigan Right to Know SDS - Location Michigan Paid Medical Leave Act Michigan Safety and Health on the Job Michigan Whistleblowers’ Protection Act
For additional information or to order posters, contact Jim Oleksinski at 248.972.1117 or visit www.buildwithcam.com 32 CAM MAGAZINE AUGUST 2020
would stress for future project teams is to plan ample contingencies for when things change.” Dispel the misconception that there is no room to change your mind or alter decisions/design with a design-build approach. Things change on every project, and the best practice is to create a contingency plan to absorb these changes. It is vital to establish clear goals and key decision-makers at the start of the design period. However, you need to revisit and recalibrate these goals and role clarifications as design and construction of the data center progresses. Just like anything in technology, what is great today could be outmoded tomorrow. Begin in the design kick-off meeting by explaining why it is important to clearly define individual roles/responsibilities and designate the final decision-makers. The Owner may not know exactly what they want at the start of the project, or there may be information gaps in the RFP, so you need to clarify these things at the start of the design process so everyone is on the same page moving forward. This is especially true for anyone striving to obtain Uptime Institute Tier Certification. You must first reach an agreement with the Owner and entire team about which certification elements to pursue, then determine if there is a desire and budget availability to enhance any of the systems to a higher Tier level for additional reliability. Certification and Success “Our design-build approach, workflow and team synergy allowed us to take an “The Voice of The Construction Industry®”
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aggressive design schedule and achieve not only Tier III Certification for design but also for construction,” said Kulbacki. “The Uptime Tier Certification process was invaluable to the success of our project,” notes Kiriazis. “Senior Consultant Scott Good went above and beyond to help our design team navigate the Tier Standards during design and construction of the facility. His expertise helped us achieve the client’s expectations for a top quality Tier III facility. “It was an honor to be part of such a one-of-a-kind, monumental feet,” added Calleja and Tkac. While aggressive, there are many aspects of this design process we would encourage other design teams to implement on their project. We have already implemented them on a sister facility for the same Fortune 500 client. We are honored to be the first team in Michigan to use Design-Build with this operational strategy and achieve both of these certifications and join the group of over 60 data centers in the U.S. that have been awarded Uptime Institute’s Tier III Certification for Design Documents (TCDD) and the Tier Certification of Constructed Facility (TCCF) for completed data centers.
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Adapted from a case study created by Granger Construction to detail the best practices followed while completing the first building in the state of Michigan to receive Uptime Institute’s Tier III Certification for both design and constructed facilities. Visit us online at www.BuildwithCAM.com
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P R O D U C T
S H O W C A S E
WakeCap: Enabling a Workable Environment Amidst Social-Distancing Concerns
Introducing the AIR-SCRUB-R™ Portable HEPA Air Filter The AF501 portable HEPA air filter is General Equipment Company’s latest addition to its AIR-SCRUB-R™ line. This compact, efficient unit delivers air scrubbing/negative pressure air movement capabilities, as well as outstanding air filtration in a wide range of industrial and construction-related job applications in nonhazardous locations. Featuring a two-stage design, the AF501 includes a 30-percent pre-filter and a 99.97-percent-efficient HEPA secondary filter, capable of capturing allergens and other particles as small as 0.3 microns. The pre-filter can be replaced with an optional activated carbon filter to help absorb a variety of volatile organic compounds (VOCs), smoke, and other noxious odors and contaminants. An indicator light on the unit alerts users when to change filters to maintain optimum airflow and filtration. A variable-speed motor allows the AF501 to provide adjustable air flow rates up to 500 CFM. For larger applications, multiple units can be daisy-chained together. Up to four AF501 air filters can operate on a single circuit using the integral GFCI outlet and 12-amp breaker. The AF501 offers a 9.5-inch-diameter inlet for maximum air flow and low power consumption. It also allows easy attachment of standard ventilation ducts for negative/evacuation air flow applications. For more information, visit www.generalequip.com. 34 CAM MAGAZINE AUGUST 2020
Increase visibility and foster transparency across your construction sites without disturbing your current operations. With WakeCap’s non-intrusive technology, you get an innovative solution that can increase workers' safety and streamline your site activities, leading inevitably to boosting productivity and cutting costs. WakeCap visualizes worksite operations, quantifies labor productivity, tracks workforce activity, and automates worksite attendance tracking.
WakeCap is an IoT-based enterprise solution for improving safety and productivity at construction sites by enabling real-time field reporting via integrated sensors into the existing personal safety equipment, and connecting jobsites via wireless mesh network technology. WakeCap comprises an innovative harness that works seamlessly with a construction hard hat without compromising the structural integrity of the standard helmet; a non-GPS network that securely connects the worksite and scales up with the project and dashboard monitoring system, and thus easily integrates into existing applications and project management software. Whereas other digitizing solutions in the construction industry require too many accessories and add-ons, WakeCap digitalizes the one essential piece of equipment in construction: the hardhat. For more information, visit www.wakecap.com.
DeWalt Offers a New 15° Cordless Coil Roofing Nailer Kit Ideal for service repairs and small jobs, this 20V MAX* 15° Cordless Coil Roofing Nailer delivers cordless convenience. There are absolutely no hoses, compressors, or gas cartridges required. It’s 100% battery-powered so the pro can show up and get to work right away. The 20V MAX* 15° Cordless Coil Roofing Nailer can drive the full range of roofing fasteners from 3/4 in. to 1-3/4 in. Get the job done quickly and efficiently with bump actuation mode and tool-free depth adjustment that provides precise nail placement. The Roofing Nailer also features a brushless motor for increased runtime and durability, a tool-free nail tray that easily adjusts to accommodate the full range of roofing nails, a tool-free depth adjustment wheel for precise nailing, and a 15° canister that holds up to 120 wire-collated roofing nails. The tool fires up to three nails per second on a 2 Ah battery and up to 500 nails per charge. DeWalt claims that users of the nailer can install up to one square (100 sq’) of asphalt roofing shingles per charge. For more information, visit www.dewalt.com.
Ridgid HD1600 16-gal 6.5 HP NXT Wet/Dry Vac Selected as Best on the Market ProToolReviews.com has selected the Ridgid HD1600 16-gal 6.5 HP NXT “The Voice of The Construction Industry®”
P R O D U C T
Wet/Dry Vac the best overall shop vac currently sold. The wet/dry vacuum has a powerful 6.5 peak horsepower. The detachable, emission-free blower offers 2 tools in 1 with a polypropylene drum construction. The rugged construction is built to meet the high demands of your worksites. The vacuum features the MAX Accessory Storage - 7 accessory options to keep accessories organized and close by for easy access. Its large carry handle provides an area for the storage of the 20’ power cord. Accessories lock together from your hose to your wand, to your floor tool, so nothing falls off when in use. A dual-flex hose feature gives 180° mobility at both hose ends and resists collapsing. The product accepts high-efficiency dust bags that keep the inside of the drum clean (size A - VF3502 dust collection bags sold separately). For more information, visit www.ridgid.com.
S H O W C A S E
their limits to get the tough jobs done. At only 1.2 lbs. (tool only, not including the battery) and a max speed of 1,750 rpm, this robust drill/driver delivers high performance in a compact size. It has two speed settings – a 0-460 rpm for highpower driving tasks and 0-1,750 rpm for high-speed drilling. It starts with a magnetic bit holder for basic driving. Four attachments – a locking bit holder, a keyless chuck, an offset-angle and a right angle – each attach to the tool securely and easily with the One-Click interface. The right-angle attachment is for tight spaces, and it works with all three other adapters. The offset-angle attachment delivers precise screwdriving close to edges. Both of these attachments rotate to 16 positions without removing them. The locking bit holder attachment locks hex bits for high-torque drilling, while the keyless chuck provides lockedin drilling. For more information, visit boschtools.com.
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P E O P L E / C O R P O R AT E
Senior Vice President and of Co-Owner Administrative Controls Management, Inc., James E. Krebs, PE, is now President Elect for AACE International, a Krebs 7,000-member nonprofit association serving the total cost management community since 1956. This three-year commitment is a continuance of Krebs’ service to the Association, having been an active member of AACE International since 1986, earning a number of awards and named a Fellow. Krebs has over 34 years of project management, project controls, and construction experience including planning, scheduling, estimating, and claims analysis and testimony services within the heavy construction, nuclear, utility, manufacturing, and petrochemical industries. Senior Superintendent Gary Ey was recently elected to the National Council of Architectural Registration Boards (NCARB) FY21 Board of Directors. Ey, who is the Ey only construction professional currently active with the organization, will serve a term as Public Director after winning a contested election for the seat. The Board, which is made up of volunteers from State Architecture Boards from around the country and is elected annually, was decided at the recent NCARB 2020 Annual Business Meeting. Donn Ellis, President of CSI Geoturf and the staff of CSI Geoturf, Highland Township, would like to recognize Jeff Skinner for his 30 years of sales and leadership at CSI Geoturf. Skinner According to Ellis, Skinner began his career as inside sales where he set the tone of first-rate customer service at the company’s corporate location. He quickly became known for his expertise in all things geosynthetic, erosion and sediment control and stormwater 36 CAM MAGAZINE AUGUST 2020
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management. Soon after having moved to an outside sales and service position, he continued to demonstrate his value to both the company and his wide ranging customer base. “I cannot think of a more knowledgeable and professional representative to have on our staff,” said Donn Ellis. “Congratulations Jeff on a job well done and your unmatched contributions to the company and the industry that you have served.” A fixture at Jeffers Crane Service, a member of the ALL Family of Companies, hung up his hard hat after 32 years. Jeffers’ general manager Butch Bucher’s last day on the job was July 2nd. Serving in a senior role for decades, Bucher earned a reputation as a no-nonsense manager with a straightforward personal style. Over the years, Bucher successfully navigated the changing waters of the crane industry as technology improved, capacities increased, and the pace of work rapidly accelerated, according to Jeffers. Granger Construction, Novi, is pleased to announce that Rob Hoffman has been promoted to Project Manager. Hoffman joined Granger's team as a Hoffman Project Engineer in the spring of 2016 after graduating from Ferris State University with a bachelor’s degree in Construction Management. Since that time, Rob has been increasingly involved on projects in the healthcare arena while also serving as a key member of Granger’s West Michigan team. Ruby+Associates, Inc. is proud to announce that three new employees and four interns have joined the firm. Michelle Atto, PE joins Ruby as Project Engineer I after spending Atto three years as an Associate and Senior Structural Engineer with a Chicago-based engineering firm. Atto earned her bachelor’s degree in Construction Engineering and Management from Purdue University in
2018 and went on to earn her master’s degree in Civil Engineering while serving as a Graduate Research Assistant at Purdue. Leslie Bonthron joins Ruby as Engineer I after her 2018 spending summer internship with Ruby. Bonthron earned her Bachelor of Science degree in Construction Bonthron Engineering and Management from Purdue University in 2018 and went on to earn her Master of Science degree in Civil Engineering while serving as a Graduate Research Assistant at Purdue. Damon Boone joins the Ruby team officially as BIM Technician, after working with the firm as a contract employee for a year. Damon earned a Bachelor of Science Boone degree in Technology Management from Eastern Michigan University, as well as an associate’s degree in Architecture/Construction Technology from Henry Ford Community College. He is a Certified Associate in Project Management (CAMP) from the Project Management Institute, Great Lakes Chapter. Four university students also join Ruby for summer internships: Albert Edney, II (North Carolina A & T State University), Matthew Fox (Michigan Technological University), Mario Galindez (University of Michigan) and Evan Hanes (Michigan State University). Robert M. Calvani, FAIA, NCARB, of Albuquerque, New Mexico, was inaugurated as the president of the National Council of Architectural Registration Boards Calvani (NCARB) at its 2020 Annual Business Meeting. As president, Calvani will lead the organization that supports the 55 U.S. architectural licensing boards in their mission to protect “The Voice of The Construction Industry®”
P E O P L E / C O R P O R AT E
public health, safety, and welfare. During his term as president, Calvani will focus on exploring issues related to regulating incidental architecture practice, architects’ responsible charge when signing and sealing documents, and ethics in the profession. Alfred Vidaurri Jr., FAIA, NCARB, AICP, of Fort Worth, Texas, was elected first vice president/ president-elect of the National Council of Architectural Registration Vidaurri Boards (NCARB) at the organization’s 2020 Annual Business Meeting. By virtue of his election, Vidaurri will become the first Latino president of the organization, which facilitates licensure and credentialing for architects in the United States. Over the next two years, Vidaurri plans to focus on furthering NCARB’s equity, diversity, and inclusion (EDI) efforts—from identifying and addressing barriers along the path to licensure, to ensuring the organization’s staff and volunteers reflect the diverse communities they serve.
Corporate News
Load King, LLC, a subsidiary of Custom Truck One Source (Custom Truck), has named the ALL Family of Companies (ALL) an Authorized Service Center for Load King Cranes. The ALL Family of Companies is the largest privately held crane rental and sales operations in North America. Their strategically located branches have access to one of the world’s largest and most modern fleets, operating under the ALL, ALT, Central, Dawes and Jeffers names. ALL will service Load King boom trucks, truck cranes, and Terex legacy products for customers from 16 of their full-service yards. “We are very pleased to partner with the ALL Family of Companies, extending their crane expertise to Load King’s customers,” said John Lukow, senior vice president of Load Visit us online at www.BuildwithCAM.com
King Cranes. “Our customers will benefit from ALL’s vast knowledge and multiple locations in the areas being served.” “Adding Load King to the range of cranes we service equips us to better serve our customers,” said Michael Liptak, CEO and president of the ALL Family of Companies. “We look forward to working with Load King and their products.”
CAM-member company Griffin International, with headquarters in Chesterfield Township, recently announced a new division known as Griffin UVC Systems. Griffin specializes in the design, engineering and installation of ultra-violet C-band (UVC) germicidal air stream disinfection systems for every environment, “anywhere you breathe,” according to the company, from neo-natal intensive care and operating room environments to “safe areas” with lethal UVC barriers to protect the occupants in highly vulnerable buildings from airborne attack. “With the Covid-19 pandemic and over 200 research scientists recently verifying Covid-19 can travel in the air and remain viable,” stated a Griffin International press release. “UVC is now becoming a highly desirable mechanism in the fight against current and future outbreaks.” For 20 years, the company has designed and engineered UVC germicidal air stream disinfection systems that kill and/or deactivate airborne pathogens. As a direct result of the Covid-19 pandemic, the company’s UVC business has grown exponentially, from specialty applications to mainstream, to the extent that they created this new division. Learn more at http://griffininternational.com.
Giffels Webster, a Detroit-headquartered consulting firm specializing in infrastructure, planning and land development solutions for
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public, private and institutional clients, has received the 2020 Inspiring Planning Project Award from the American Planning Association’s Private Practice Division for the City of New Baltimore Wayfinding Plan project. The APA’s Private Practice Division Awards honor the inspiring work of private practitioners in responding to the needs of communities and improving the overall quality of life. The City of New Baltimore’s Wayfinding Sign Plan establishes a detailed plan for implementation of road signage to promote the established community character and create opportunities for more people to discover the amenities, festivals, and businesses in downtown New Baltimore. The Wayfinding Sign Plan was envisioned in the City’s Master Plan Update, which Giffels Webster helped prepare and was adopted in 2017. According to the APA, the project is innovative in its approach and foundation, with dual sponsorship by the municipality and a non-profit, Art on the Bay.
JJ Curran Crane, Detroit, received the 2020 Crane & Rigging Group Safety Award and Zero Accidents Award from the Specialized Carriers & Rigging Association (SC&RA), an international organization comprised of more than 1,400 members from 46 nations. The SC&RA Crane & Rigging Group Safety Award is given to member companies with a Workers’ Compensation Modification Rate of 1.0 or less; Property Damage Frequency Rate of 1.0 or less; and an incident rate of 1.7 or less, which is less than the industry average of 3.4, as reported by the U.S. Bureau of Labor Statistics. Its Zero Accidents Award is given to member companies having zero recordable accidents or incidents during the previous year and a property damage frequency rate of 1.0 or less. Firms across the United States and around the world submit dozens of entries to the SC&RA Awards competition each year. The Awards program recognizes worldwide excellence in the crane, rigging and specialized transportation industry. CAM MAGAZINE AUGUST 2020
37
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McIntosh Poris Associates was recently recognized by local professional organizations for its sensitive design and rehabilitation of historic buildings in Detroit. The Michigan chapter of the American Institute of Architects (AIAMI) awarded the firm with a 2020 Honor Award in the Interior category for the renovation of The Gallery | The Fresco restaurant at the Detroit Athletic Club. The Michigan Historic Preservation Network (MHPN) also presented its 2020 Building Award to the firm for its rehabilitation and preservation work on The Assembly, a mixed-use building in the Corktown neighborhood of Detroit. “Recognition from these leading organizations invigorates our mission to elevate the rich history of Detroit through modern design,” said Michael Poris, AIA, Co-Founding Principal at McIntosh Poris Associates. “Renewing architectural
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treasures of the past has been a core practice of our firm for more than 25 years, and we are committed to revitalizing historic buildings for use today while maintaining and honoring their heritage.”
Metal Construction News has released its annual “Top Metal Builders” ranking. Sterling Heights-based Roncelli, Inc. has been named one of the top metal builders in the nation with this year’s ranking of #26 in square footage of steel erected in 2019. In addition to the 520,000 square feet of metal buildings erected, Roncelli also received a ranking of #43 nationally for erecting 1,242 tons of steel. Roncelli experienced a 44% growth in 2019, and its 2020 workload has already surpassed last year’s square footage totals. CAM-member companies also making the “Top Metal Builders” list are: E & L Construction, Flint; Engineered Buildings, Inc., Livonia; and Rudolpe LibbeGroup, headquartered in Walbridge, Ohio.
The Association of Union Constructors (TAUC), based in Washington, D.C., recently celebrated the safe workplace achievements of Stevenson Crane Service Inc. (SCS), a heavy lifting equipment company located in Bolingbrook, Illinois. SCS received a Thomas J. Reynolds Award for Excellence in Construction Safety and Health in the third category, which relates to 100,000 to 500,000 hours of work performed to exceptional degrees of safety. To be eligible for recognition, companies had to perform 25% better than national averages for the preceding year in their Days Away, Restricted or Transferred (DART) rate, based on Bureau of Labor Statistics national averages as a benchmark. All winners achieved a DART Frequency of zero. 38 CAM MAGAZINE AUGUST 2020
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Quality Labor Relations Services at NO ADDITIONAL COST! For Union Contractors employing Carpenters, Cement Masons, Laborers or Operating Engineers in Michigan.
Membership Has Its Bene ts: CAM exists to foster growth and encourage networking. CAM acts as a catalyst to promote and enhance pro tability, e ciency and integrity within the construction industry.
As the largest regional construction association in North America, offers The most accurate and complete online construction bidding reports in Michigan
CAMSAFETY - Comprehensive Safety Services
A state-of-the-art planroom The CAM Buyers Guide – the most recognized, comprehensive and complete construction directory in the state. Also available electronically at www.buildwithcam.com Group Health, Life and Dental Insurance Workers’ Compensation Program
Continuing construction education through CAM’s Training and Education Center (CAMTEC) CAM Magazine - “The Voice of the Construction Industry” Construction Federal Credit Union Many other cost-controlling and moneysaving bene ts
For more information on membership, the CAM Labor Program, or any of the many other services CAM has to o er, call the Construction Association of Michigan at 248-972-1000.
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Bloom eld Hills • P: 248-972-1000
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Planning & Scheduling This course introduces the concepts of Critical Path Method (CPM) for scheduling, typically performed with Primavera or Microsoft Project software; however, students will develop a CPM network by hand to understand what the scheduling tools and computer applications are doing. Sample computer reports will be shown and discussed. A schedule has value if it is used.
October 6th 9:00 a.m. - 3:30 p.m $350 Member $400 Nonmember Questions? Call 248-972-1133 Register online at WWW.BUILDWITHCAM.COM/CAMTEC-CLASSES/
Construction Change Order This course contains the building blocks every estimator, project engineer, superintendent, project manager or construction professional needs to know about the construction change order process. Topics to be covered include: Issues That Lead To Changes, Potential Impact of Changes, Types of Changes, Responsibilities of the Owner/Contractor as it relates to jobsite changes, Contractual Terms for Change Orders and Claims, Estimating the Cost Impact of a Change Order, proper Change Order Forms and Procedures for Managing and Tracking Changes throughout the course of a project. Review of actual job change orders and exercises during the class make this seminar meaningful and beneficial for all participants.
October 7th 8:00 a.m. – 5:00 p.m. $280 Member $330 Nonmember Questions? Call 248-972-1133 Register online at WWW.BUILDWITHCAM.COM/CAMTEC-CLASSES/
CONSTRUCTION
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Please submit all calendar items no less than six weeks prior to the event to: Diane Sawinski, Editor: sawinski@buildwithcam.com. Due to the COVID-19 shutdowns and limitations, some in-person events have been moved or cancelled. Check CAM’s website or our eNewsletters for updates. September 14-18, 2020 Safety Stand Down Part of the OSHA-NIOSH-CPWR Campaign to Prevent Falls in Construction. This year, employers and workers are encouraged to participate virtually or with social distancing measures on job sites. For more information, visit stopconstructionfalls.com. September 15, 2020 Fall Sporting Clays Hunters Creek Club, Metamora CAM members enjoy a day of networking and a test of their shooting skills. For more information, visit www.buildwithcam.com. September 21, 2020 CAM Golf Outing Warwick Hills Country Club, Grand Blanc Our September “Fall Classic” is dedicated to industry veterans 65 years of age or older with 30+ years of service to the construction industry. Visit www.buildwithcam.com/2020-golf-season for more information. September 24, 2020 Boy Scouts Building Connections Networking Event NEW Location! Dauch Scout Center, Detroit A unique opportunity for informal business and social interaction while supporting the Scouting program for area youth and their families. For more information, visit www.buildwithcam.com. October 2, 2020 CAM European Pheasant Hunt Crooked Foot Upland Bird and Game Hunting Club, Owosso Join our group of shooters for a full day of networking and a test of your shooting skills. For more information, visit www.buildwithcam.com for more information. JUST ADDED! October 13, 2020 Fall Sporting Clays Michigan Shooting Center, Bald Mountain, Lake Orion CAM members enjoy a day of networking and a test of their shooting skills. For more information, visit www.buildwithcam.com.
Upcoming CAMTEC Classes Please register at least one week prior to class. September 9 Starting September 14 September 15 September 16
Project Management & Supervision Printreading for Residential & Light Commercial Construction First Aid, AED, CPR Cost Estimating of a Construction Change Order
WELCOMES NEW MEMBERS Visit us online at www.BuildwithCAM.com
September 17 September 23 September 29
Construction Liens & Payment Bonds EPA RRP Lead Renovator Initial ARC Flash Qualified
Commercial Electrical Services Inc. Livonia
Occupational Care Services Livonia
Eaglecrest Homes Inc. Jenison
S & G Fabricators Inc. Jackson
Jack's Floodlight Service Inc. Roseville
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Ace Cutting Equipment & Supply ................................33 Aluminum Supply Company/ Marshall Sales ...............11 B&M Tower Technologies ...........................................42 Blevins Sanborn Jezdimir Zack PLLC..........................17 CAM Administrative Services........................................3 CAM Affinity ...............................................................15 CAM Buyers Guide ....................................................IBC CAM Comp.................................................................30 CAM Labor Relations..................................................39 CAM Labor Workplace Jobsite Posters........................32 CAM Magazine Advertising...........................................5 CAMTEC.....................................................................40 Capital Insurance .......................................................18 Cavanagh Quesada PLC.............................................BC CEI Group, LLC ...........................................................25 Connelly Crane Rental Corp........................................20 Construction Bonding Specialists ...............................24 D.A.Alexander & Company, Inc. ..................................31 DKI International ..........................................................9 Doeren Mayhew.........................................................35 Facca Richter & Pregler, P.C. ......................................20 G2 Consulting Group ..................................................38 GD Top Notch Cleaning Services.................................13 Gordon Advisors.........................................................33 Guy Hurley, LLC..........................................................28 Jackson Associates, Inc. ............................................24 JJ Curran Crane Co....................................................14 Lee Industrial Contracting ............................................4 McAlpine PC ..............................................................19 North American Dismantling.......................................14 Novara Tesija & Catenacci P.L.L.C...............................27 Nuggett Leasing, Inc. .................................................35 Oakland Insurance .....................................................29 Pace, Inc. ..................................................................IFC Performance Line Tool Center.....................................38 Sullivan, Ward, Patton, Gleeson & Felty, P.C.................24 Testing Engineers & Consultants ................................42 Varnum Law...............................................................21 VTC Insurance Group....................................................7 Zervos Group .............................................................27 THIS ADVERTISER INDEX IS A FREE SERVICE. THE PUBLISHER IS NOT RESPONSIBLE FOR ERRORS.
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