Austin Construction News February 2024

Covering the Industry’s News

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Carrying on a Legacy

or decades, founder Perry Beyer Jr. played a pivotal role in shaping Beyer Plumbing, establishing it as a pillar of the San Antonio community and outshining other leading plumbing businesses. In 2019, a turning point emerged when Perry Jr. was diagnosed with cancer.

Despite a valiant battle against the devastating disease, Perry Jr. unfortunately lost his battle with cancer in 2020, leaving behind not only a thriving business but also a bereaved family and circle of friends. The challenge now faced by the Beyer family was clear – the business had to endure; the question was how. With the combination of experience and exposure from growing up in the business, his children would soon step up to the plate.

Growing up in the business, James Beyer, son of Perry Jr., alongside his sister, Liz Beyer, were never pressured to take over. “Our parents never pushed anything onto us, they always planted seeds and let them grow over time,” states James. Over the years, James found himself increasingly drawn to the plumbing industry. He pursued and secured his registered plumbing apprenticeship at the age of 16, later delving into commercial construction after college. He began working in the architectural and design side of the industry, with his architectural career taking off soon after. It wasn’t too long after, that he realized that he was missing out on working with his father.

James decided to do a complete 180 and quit his architectural career to come back and finish becoming a licensed plumber. He began to realize the value of contributing to the family business and how it could transform into a multi-generational legacy.

Prompted by Perry’s untimely passing, James, supported by his sister Liz and guided by their faith, assumed leadership roles as President and Vice President, respectively. Cindy, Perry Beyer Jr.’s wife, gracefully stepped down from her role as Interim CEO.

Their journey has been far from easy, marked by numerous hardships along the way. The biggest obstacle, however, was the mental preparation for Perry’s inevitable passing. Liz reflects, “God always has a different plan. No one could see it at the time, but looking back, we can see His hand in everything.” The brother-sister duo is steadfast in their commitment to honoring their father’s legacy every day.

With the second generation now in office, the Beyer siblings have revived company traditions that had faded

during the onset of the Covid-19 pandemic. These traditions include the PHCC Fishing Tournament, the Beyer Boys Family Picnic, annual employee Christmas Eve lunch, company Christmas party, Wednesday bible studies with office personnel, and so much more. They have also introduced something new into the mix — The Beyer Cares Foundation. Recognizing the financial strain a diagnosis like cancer can impose, this non-profit organization was established to alleviate out-of-pocket expenses and offer emotional support to families living with cancer, all while commemorating Perry Jr. To date, the foundation has raised over $130,000 to give to families in need.

Through the culmination of hard work, the Beyer Boys have overseen the establishment of a new headquarters on Beyer John Drive in Selma, TX, and witnessed remarkable growth in the process. Looking ahead, they are optimistic about the future, holding on to their founding principles and their “why.” By keeping their core values and the memory of Perry Jr. at the forefront of everything they do, James and Liz take pride in continuing the Beyer legacy. The future looks brighter than ever, with the family harboring aspirations to establish a second location in the near future.

Beyer Plumbing is honored to have served their customers for over 30 years.

Let’s hear it for the Boys and Girls

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he Nitsche Group team had an incredible time at the American Constructors’ 11th Annual Charity Shoot. This event was not just about hitting targets, but also hitting the mark in making a positive impact.

Thanks to the generosity of all involved and the hard work of those who made this event possible, $100,000 was raised to benefit the Boys & Girls Clubs of the Austin Area. “We’re proud to be a part of this event and its mission of building brighter futures for Central Texas youth.

Pictured (left to right): William Buckwalter, The Nitsche Group Producer; Joe Moore, American Constructors; Paul Biehle, The Nitsche Group Sales Director; Brylie Mutschink, Tiki Trucking; Jennifer Biehle, Surety Bonds Specialist.

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Austin Construction News • FEB 2024

ABC Interim President

nterim President, Michelle Seward Davis’s commitment is centered on elevating the South Texas Chapter of ABC through a strategic focus on membership engagement, skills-based training and robust educational initiatives, unwavering advocacy, and community outreach. The board of directors and her are dedicated to bringing tangible value back to each member through these initiatives, ensuring an engaged and supportive collaboration for all.

Michelle is no stranger to ABC and was an active volunteer starting in 1997 as Programs Committee Chair, served

on the Board of Directors at the local, State and National level along with being Chapter Chair, Region 3 PAC Trustee and National PAC Chairman.

Her passion and commitment to principles of merit shop, free enterprise and construction industry is unwavering. The collective enthusiasm shared with the Board Members, Committees and staff is fueling their shared passion to revitalize the chapter and build upon its strong foundation through member engagement. Stay tuned for exciting updates and announcements about upcoming events and programs.

Play Ball Alterman, Inc. was proud to be in the spotlight of National Electrical Contractors Association - NECA, for our project at Darrell K. Royal - Texas Memorial Stadium.

Alterman, long time members of NECA, completed the $200 million south end zone addition and renovation at Darrell K. Royal - Texas Memorial Stadium. Fully enclosing the stadium for the first time in 95 years, it offers new suites, clubs, upgraded seating, a Longhorn-shaped balcony, and more!

Despite challenges, the project, including cutting-edge lighting and technology, was completed just in time for the University of Texas at Austin football season.

2024 Board of Director’s Strategic Planning Retreat

Standing, L-R – Joel Frederick, Quarter Moon Plumbing; Brent Hawley, TD Industries; Mark Baublit (2nd- Vice Chair), Marksman General Contractors; Rob Huddleston, AiRCO Mechanical; Rusty Medlin, Joeris; Matt Delgado (Treasurer), MidFirst Bank; Drew Addison (Secretary), Acrisure Seated, L-R – Chris Martinez (1st Vice Chair), Central Electric; Jim Robertson, Americrane Rentals; Chris Christians IV, Lynwood Building Materials; Jason Harmon (Chairman), Alpha Building Corp; Michelle Seward Davis, Interim President ABC South Texas; Russell Harder, Bartlett Cocke GC; Eddie McDuff, Flo-Aire Service; Jonathan Bradley, SpawGlass

Ridout Barree & Co. is now Aprio.

Aprio is a premier, full-service business advisory and accounnng firm that guides clients on achieving what’s next.

Aprio provides advisory, audit, assurance, tax, managed services, and private client services to many industries including GovCon and Construccon.

Advertisers Directory Alamo Crane . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Alterman Electric . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Aprio/Ridout Barrett . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Axis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Buyers Barricades . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Compact Equipment/Bobcat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 EPI Enclosures & Engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Holt Cat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 JR Ramon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Lynwood Building Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Mission Golf Cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Pipeline Intelligence/Wind & Solar . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 The Nitsche Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 TNT Crane & Rigging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Austin Construction News • FEB 2024

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National Demolition Association Launches First Ever Supervisor Certification Program JR RAMON Demolition has been serving Central and South Texas since 1945, and holds the license as the first demolition contractor in San Antonio.

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he National Demolition Association (NDA) recently celebrated its 50th anniversary with the launch of a unique program to help secure the role of demolition as a viable trade in the construction industry. The NDA is a trade organization that serves as the voice of the demolition industry. The association represents over 500 member companies throughout North America, with some international members as well. The NDA as a whole sees the need to recognize that demolition is not just a viable career path, but is a bonafide trade and skill of its own. Just like becoming an electrician, plumber or any sort of other certified technician, this program will certify Demolition Supervisors. This certification is designed to validate the knowledge and accountability of a supervisor in the demolition industry. A person who receives this certification would be able to go to any construction company, or demolition company, and apply for a job as a supervisor, having proven he has the knowledge and skills to be responsible for a demolition site.

50 candidates applied to the program, and out of the 40 people who sat for the exam, 27 passed. Three of those individuals who passed the test are on the JR Ramon Demolition team in San Antonio. With over 30 years of experience under his belt, Joe Ramon III, Vice President of JR Ramon, passed the test. Ryan Medellin and Jody Hopewell, both of whom have been with JR Ramon for 5 years but have many more years of experience in the industry, were also recognized as

JODY HOPEWELL, JOE RAMON III, and RYAN MEDLIN of JR RAMON Demolition have been recognized as CERTIFIED DEMOLITION SUPERVISORS by the National Demolition Association.

Certified Demolition Supervisors. These individuals are the only three people to now hold the certification in the San Antonio area! This was not an easy exam. It’s meant for seasoned professionals in demolition, and those who didn’t pass the first time are encouraged to continue studying, pursue more experience and try again.

Timothy Ramon says, “I’m very proud of Joe, Ryan and Jody. We see this test as not only advancing their careers, but also validating all their hard work and attention to detail they put in their job sites to ensure a safe environment for themselves, their co-workers, and the community.” The main goal for the NDA Certification program is to elevate and advance people in the demolition industry throughout the country.

Demolition professionals carry a lot of responsibility and accountability for what they do, with safety being the first priority. Several years ago, the Board of Directors of the NDA voted to form an independent certification board to

New Year, New BOD

develop a certification program. The NDA Certification Board, comprised of industry subject matter experts from across the country, developed the Certified Demolition Supervisor (CDS) program under the guidance of Yenny Caceres, an accredited certification manager and expert in developing and designing high risk assessments that effectively assess knowledge, competency, and skill. Timothy Ramon, the president of JR Ramon Demolition, is the Chairman of the Certification Board for the NDA. This Demolition Supervisor Certification is the first program of its kind, and held its first exam in October 2023. There is a set criterion of requirements and prerequisites that the candidates must have to even be allowed to take the exam. They must have: • Documented five years of handson demolition experience in the industry, • Fall prevention training in the form of an eight hour fall prevention or

fall protection course • Obtained the OSHA 30 HR construction safety course • CPR and first aid certification • 8 hours of asbestos or HAZWOPER awareness training Once the candidates meet all those qualifiers, they are eligible to take the exam. The exam is very in-depth. It covers five different domains that are applicable to the majority of demolition sites: safety, environmental, operational mythology, project management and people management. A Certified Demolition Supervisor will demonstrate their knowledge within these five domains and actively use them on any demolition site to keep the site safe, productive and in compliance with governing regulations. This certification is designed to validate the knowledge and accountability of a supervisor in the demolition industry.

In the spring of 2024, NDA will be hosting their annual convention and expo in San Antonio from March 6th9th. Demolition San Antonio will feature the latest innovations and technology solutions from the industry’s best resources. Exhibits from leading manufacturers and suppliers give attendees one-stop access to a full range of products, service offerings, and education sessions that can help them add efficiencies, capture new opportunities, and increase profits.

Additionally, the NDA will offer the Certified Demolition Supervisor exam in an in-person setting. Information about this event, and the Demolition Supervisor Certification can be found at Demolitionassociation.com. -ndw

ON THE JOB Debris, grease, gravel be gone!

The Home Builders Association Greater Austin (HBA) gathered to celebrate the successes of the last year and install the 2024 Board of Directors. Congratulations to the new HBA Board President, Nancy Stroder of Taylor Morris Austin, and the rest of the incredible 2024 board!

The Droptine Utility Construction team getting the job done in San Marcos on a High Velocity Jetting project.

Nancy Stroder, 2024 Board President

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Austin Construction News • FEB 2024

Hands on Training

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hawn Murray is the President of Murray Plumbing, and his family’s history in the plumbing industry goes back 5 generations, starting with his great great Grandfather, who owned and ran his own plumbing company. Shawn remembers many conversations around the dinner table with his family that centered around life in the trade and their business. What happened in certain emergency situations, talks of new products, the future in the industry and business discussions were common topics at family get-togethers. As a child, Shawn absorbed the information from those conversations and unknowingly gained some first hand knowledge about plumbing, as well as hands-on experience tagging along to jobs with his father and grandfather during summer breaks. During these times surrounded by his family on the job, he developed a strong work ethic. He loved being busy and getting things done. The wisdom passed down through generations, and the combined experience of a family of tradesmen, led to the founding of the most recent incarnation for the family business in 2005.

Following in the footsteps of his elders might seem like a natural transition for a young man who had been exposed to all things plumbing since birth, but in high school, Shawn only had one thing on his mind- football. Anyone who has played football, or has had a loved one who played the sport in High School, knows it is a big commitment of the athlete’s time and energy to be part of a team. Shawn loved football and his love for the sport was the main motivation for him to go to college. He began his journey at Midwestern State University, and made the football team. As exciting as that was for him, he knew he had to be realistic about the fact that not everyone will make it to the NFL. He considered careers, and thought maybe he’d be a firefighter or a real estate agent, but his natural talent for math led him to choose engineering. However, it quickly became clear that he didn’t feel a spark in the study of engineering- he knew after one semester he needed to find something he was more interested in. He realized that due to his upbringing, he was meant for business.

Even at a young age he had entrepreneurial tendencies- he would save money, put it in a briefcase, and dole out loans to his older siblings, keeping records on a notepad and even charging interest. After some thought, and consulting his family, he then chose to switch his major to Business Management. Discussing this with his grandfather on the phone, he was asked if he would be willing to come take over Murray Plumbing after graduation. This was a big deal. It was not just a business, but his family’s livelihood. He agreed to come on board but said he would need a lot of guidance, which his grandfather was happy to provide. That summer, he returned home, eager to help his family’s business thrive.

Unfortunately, that would be his last summer with his grandfather, who passed away later that year. His family was reeling from the loss of their loved one, patriarch and head of the family business. This motivated Shawn to want to help his family any way he could, he even gave up his spot on the football team, which was heartbreaking

Shawn Murray, President and Pete Mann, Head of Operations

for him. He wanted to honor his promise to his grandfather and family and that came first. So he began working on holiday and summer breaks trying to learn about all the aspects of the business, with his grandmother teaching him about the accounting and administration duties. He recalls reading a book about business by Steve Jobs, who likened running a business to conducting a symphony. He didn’t have to be an expert in playing all the instruments, but he could be the conductor who made sure they were playing in harmony. This gave him the confidence boost he needed to take on the role as President. Shortly before he graduated, the purchase of Murray Plumbing was finalized in his name, and through lots of ups and downs, it is more successful than ever.

Shawn loves a quote by Isaac Newton: “If I have seen further than others, it is by standing upon the shoulders of giants.” It reminds him that he wouldn’t be where he was today without the work of his father and forefathers, and wants to always honor them.

Murray Plumbing has grown to have about 40 employees, and while facing the challenge of taking over the company, he knew he wanted a builder’s perspective, and someone with the experience to help him guide the company, someone with skills that could balance his own. He found that in Pete Mann, who agreed to come on board as Head of Operations. The two of them had skills that the other lacked, and their partnership made the company even stronger. They had a firm vision and developed the values of the company together. They attracted some amazing talent and saw the need for more skilled tradespeople in plumbing and together, they began planning their own training facility that included more hands-on training that they knew was crucial. They also wanted their apprentices to know that they were getting into a trade that not only promised a good career, but is something very important to society as a whole. Shawn says, “Plumbing is so much more than putting together materials and connecting pieces of pipe. Clean water is essential to our existence, a basic need.

Everything from that to the highly complex Med Gas systems that hospitals use for anesthesia, it’s an important job.”

With that in mind, they built the training facility, with immense support from manufacturers, suppliers and other companies within the construction industry in donating time and materials to make it happen. They currently hold weekly classes for their plumbers at Murray to continuously sharpen their skills and master the craft.

Shawn is also in the process of creating a full-time six-week course focused on recruiting new apprentices into the industry in efforts to overcome the industry’s biggest challenge of an aging workforce. This course will be a great way to attract new young men and women to the industry and create a strong foundation of basic competences to build a successful career on. He projects that by the end of this year, he will have his 501c and hold his first official class for that course. Shawn has a vision for the company, and the understanding that he needs to draw on the wisdom that surrounds him. This dynamic combination will continue to propel Murray Plumbing, and his family’s legacy of hard work, into the future. -ndw

Austin Austin CONSTRUCTION NEWS Publisher . . . . . . . . . . . . . . . . . . Haley Mathews Editor . . . . . . . . . . . . . . . . . . . . . . . Andi Mathews Production . . . . . . . . . . . . . . . . . . Kayla Wallace Advertising . . . . . . . . . . . . . . . . Haley Mathews Managing Editor: Andi@ConstructionNews.net Austin Area Counties Travis, Hays, Bastrop, Burnet, Blanco, Caldwell and Williamson counties Construction News Home Office P.O. Box 310207 • New Braunfels, TX 78131 830-500-0071 www.ConstructionNews.net

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Austin Construction News • FEB 2024

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Growth for Aprio continues with Expansion to Texas through Merger with Ridout Barrett & Co. CPAs & Advisors Combination ignites Aprio’s position as a leading provider of solutions to the construction segment and expands footprint to Austin and San Antonio

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prio, LLP, the fastest-growing business advisory and accounting firm, proudly announces its strategic expansion to Texas through its merger with Ridout Barrett & Co. CPAs & Advisors (RBC), a powerhouse accounting firm with broad experience in construction and real estate. This strategic union marks a significant milestone in Aprio’s remarkable journey of sustained growth and nationwide presence.

“Expanding to Texas and integrating the RBC team of over 50 partners and professionals to Aprio aligns seamlessly with our strategic priorities and growing needs of our Texas clients. This merger doubles the size of our firm-wide Construction Practice and aligns two firms with successful histories, deep industry expertise & shared values, giving us the opportunity to expand services to clients and provide meaningful career opportunities for our team members,” said Richard Kopelmand, Aprio CEO & Managing Partner.

Connecting the East and West regions this expansion into Texas increases Aprio’s presence and is the beginning of a major buildout in Texas. Texas is poised to replicate Aprio’s pattern of expanding into

other markets, experiencing a fourfold growth over the next five years, just as Aprio has achieved in ins previous market buildouts. As a premier advisory and CPA firm that provides growth-minded team members an unprecedented opportunity to achieve sustained career growth, Aprio will attract like-minded leaders in Texas.

Additionally, the firm will expand major segments to support leading businesses in manufacturing, technology and government contracting, while growing service offerings to include business advisory, high net worth and wealth management.

“We are thrilled about this strategic combination,” said Melanie C. Geist, Managing Partner at RBC. “Aprio and RBC have shared a complementary focus on investing in culture and talent to create a better team and client experience. We will leverage this new partnership to provide our clients with more tools to realize their goals. RBC clients will benefit from our broadened strengths and capabilities across many industries, especially construction and government contracting, that are facing shifting market dynamics and our eagerness to anticipate what’s next.”

Newly Acquired

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emuel T. Sinclair, RPLS, President, Sinclair Land Surveying, is pleased to announce the acquisition of Lenz & Associates, a Professional Land Surveying firm in Austin, Texas. “Our combined firms began conducting their practice as Sinclair Land Surveying, Inc. on January 22, 2024.”

Sinclair Land Surveying, Inc. began its professional practice in 1981. While most of their work has been in the San Antonio and Austin markets, they have offered professional land surveying services throughout the State of Texas for

the past 43 years. Their services include residential, commercial, topographical, construction staking, mapping, as-built surveys, flood hazard surveys, rural & urban boundary surveys, expert witness testimonies, horizontal & vertical control surveys, UAV Photogrammetry and Lidar Mapping and boundary & right-of-way retracement surveys.

If you have any questions about this exciting news, please feel free to contact us at any time. We look forward to introducing you to some of our new team members.

Austin office: (512) 443-1174 • San Antonio office: (210) 341-4518

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Controlled Access HVAC Controls Industrial Water/Wastewater I&C Preventative Maintenance 24-Hour Emergency Service Outdoor Substations

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Austin Construction News • FEB 2024

The Great Outdoors Ken Milam’s Fishing Line Since 1981, Ken Milam has been guiding fishing trips for striped bass on Lake Buchanan in the Texas Hill Country. You can hear Ken on the radio as follows: The Great Outdoors: 5-8 am Saturday on 1300, The Zone, Austin and The Great Outdoors: 5-7 am Saturday on 1200 WOAI San Antonio The Sunday Sportsman: 6-8 am Sunday on 1300, The Zone, Austin All on IHeart Radio Bettis, fish & friends Heads Up! Spring Break is just around the corner!

While the kids don’t think Spring Break will ever get here, we adults know that time flies and we have plans to make and reservations to set up so we can get the best available dates for guides, accommodations, and activities!

Thanks to the rains that have fallen recently, the wildflowers in the Hill Country should be outstanding this year although they may just be at the beginning of their bloom. If you are coming this way, you are in for a treat!

If you are headed for the lakes and rivers, Spring Break works out well for fishing. The white bass spawning run usually starts up in mid-February so they should be biting great for Spring Break! If you really want to show a kid a good time, just find some white bass feeding on topwater! They can see them, chase them, and catch them one after another just like

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eating popcorn! White bass and bluegill fishing are both fast fun and kids love it!

Crappie fishing is good this time of year too and they will give you lots of action. You can find them on nice days lurking in brush piles in the warmer shallow water.

You can find stripers and hybrid bass chasing shad on topwater early in the mornings. Then look for them on humps and ridgelines later in the day.

Largemouth bass can be found hiding on structure and on windy points chasing after shad.

Catfish will be in the river channels and even in shallow water using cut bait.

The whole freshwater fishery starts to get active this time of year because they will spawn soon and that takes energy.

Fish need to feed a lot to be ready, so the lake gets busy! This time of year, the old live bait or artificial bait or stink bait dilemma isn’t all that noticeable. The fish

Ken Milam

are plenty hungry and if you bring the food, you are all set!

The only trouble with Spring Break fishing is that it is still early enough in the year for the weather to be unpredictable.

Pay close attention to the weather forecast and if boating on your own, be sure to have your rig lake ready so you can have a great experience.

The main thing is to just get our next generation of anglers on the water! They need to know what a great outdoor resource is out there for them to enjoy.

They are the future of our fishery conservation; we need to get them engaged while we can. I have watched many families make fishing and hunting together a family tradition. That kid you take fishing today often becomes that daughter or son that brings you fishing someday! It is satisfying to see your children passing what you have shared with them on down to their kids.

Now We’re Cookin’

he gang from S. Watts Group, Commercial General Contractors, enjoyed a weekend of cooking, eating, networking & more cooking at the San Antonio Bar-B-Que Cook-Off. Fun fact: S. Watts very own Operations Manager, Jonathan Barton, is a professional pit master (Barton BBQ). Out of 300+ teams Jonathan walked away with 8th place: Ribs and 14th place: Chicken.

Pictured L-R: John Ilgen, Jonathan Barton, Greg Lazarek, Rebecca Pratt, Teri Shelton & Chris Cato.

Jonathan Barton

Kris Rogers, owner of Cedar Creek Camo and project manager at Hayden Paving Inc., bow killed a buck in Bexar County, TX., scoring 134” pope & young. He said he would not divulge the location because it is his honey hole, can’t say that we blame you, Kris. Congrats!

Austin Construction News • FEB 2024

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The Great Outdoors Cold Weather Fishing in Texas Captain Evan Coleman Big Bassin’ Fishing Tours Sponsored by: Daiwa USA

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anuary and February are two of my favorite months to fish. The reason being is its primetime striper fishing on Canyon Lake! Due to stripers being a northern saltwater fish, the winter weather in Texas really gets them fired up. They group together and travel in schools ambushing giant pods of shad around the lake. And throwing shad imitators such as an Alabama rig, an underspin, and a jigging spoon can really catch a lot of fish!

There are a couple of different things I look for when I try to catch these stripers. The first thing is there having to be bait present for the stripers to be in the area. If there is one rule about trying to catch these striped fish, it’s that they will always be around a food source. The next thing I look for is deep water. I’ve noticed that stripers tend to use the main river channels to travel around the lake and they just prefer the deep colder water.

Once I locate the stripers I determine if they are mostly feeding on the surface, or if they are feeding deeper in the water column. I use my livescope to pinpoint exactly how they are positioned. If they are feeding more on the surface, there will be a ton of fish up high in the water column and a few bigger ones underneath those fish feeding on the dead bait that falls. When they are feeding on the surface typically, I will use a faster retrieve as it imitates a fleeing baitfish.

If they are feeding lower in the water column, my experiences I’ve noticed that they will be a little more scattered and hugging the bottom third of the column. The best way that I’ve targeted these fish is by using an Alabama rig or an underspin. I make long casts with either of these baits and count it down close to the bottom and reel them in as slow as I can without getting stuck.

The stripers can get frustrating to

chase around the lake but if you’re willing to endure it, it can be some of the best fishing days you’ve ever experienced! And if you want to learn more about it don’t hesitate to come out fishing with me!

To schedule your next fishing trip, give Capt. Evan Coleman a call at 512-744-7453 or bigbassinfishing.com.

Haley Mathews with a nice rainbow on the Guadalupe River. Photo courtesy of Captain Dylan Mendoza.

Resource Guide Associations & Education H General Contractors H Subcontractors H Service Providers H Subcontractors H Supplies H Truck & Equip Dealers

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For Information on Resource Guide Ads, contact Haley Mathews, 830-500-0071 or email at haley@ConstructionNews.net

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Austin Construction News • FEB 2024

Welcome 2024 Interns TCS Mechanical (TCS) is thrilled to welcome their new and returning 2024 interns!

From skilled trade to construction management, TCS is committed to supporting the growth and education of the next generation.

Pictured (Left to Right): Luke Williams, Tyler Dodd (Director of Project Management), Jordan Burnett, Nathan Ellis, Brighton Meeks, Ty Noack.

The Nitsche Group Attends 2nd Annual Law Enforcement Gala

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he Nitsche Group is a proud supporter of the Lee County Law Enforcement Support Organization, (LCLESO). This organization was started in 2021 to help support the activities and needs of all law enforcement personnel in Lee County. Our team recently attended the 2nd Annual Law Enforcement Gala in Giddings. The Gala’s mission is to help provide local law enforcement with essential resources that would otherwise be unobtainable.

The event was held on Saturday, Jan 20th, and over 440 people attended, including 96 active law enforcement personnel. Among the Gala attendees were several employees of The Nitsche Group who came to show their support, including: Scott Sherrill, Director of Insurance Operation, Frank Castro, Insurance Producer, Matthew Knippa, Partner, and Brigette Burttschell, Media & Content Manager. Together, they had

fun celebrating local law enforcement and raised funds to help provide for resources that extend beyond budget allotment including specialized training and education, officer outfitting, ATV’s for search and rescue, protective gear, and more. LCLESO Program Director Brian Evans reports this year’s fundraising yielded around $100,000 for one evening! Many of the donations came in the form of items for both silent and live auctions.

“Harvey the RV” an amphibious rescue vehicle, was a guest of honor, proudly displayed outside along with the Sheriff’s Office’s new John Deer all-terrain vehicle, both gifts from the LCLESO. Since its founding on Dec. 14, 2021, LCLESO’s mission has been to support the activities and needs of all law enforcement personnel in Lee County. Prior to this year’s Gala, LCLESO had raised over $200,000 in donations. -ndw

Austin Construction News • FEB 2024

Page 9

P•R•O•J•E•C•T S•H•O•W•C•A•S•E Korman Announces Groundbreaking of New Austin Retail Location on Jan. 25 with Design by Michael Hsu Office of Architecture

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orman Fine Jewelry (Korman) has released a first look of renderings for its latest store designed by Texasbased architecture and interior design firm Michael Hsu Office of Architecture (MHOA). The official groundbreaking ceremony for Korman’s new retail location was held on Jan. 25, with construction set to begin shortly after. Austin’s leading independent jeweler – who celebrated 50 years in business last year – is taking over a space in Pemberton Heights at 2901 N. Lamar Blvd., Austin, TX 78705, formerly occupied by the cherished University Cyclery that shuttered in 2017.

“Being able to build this store is our longtime dream come true – it’ll be so wonderful to share with the community, especially on this iconic corner of the Pemberton Heights neighborhood,” said Kat Stokes, owner of Korman. “It’s going to be beautiful and something we know people in Austin are proud of.”

Korman, an Austin-born and familyowned and operated jewelry atelier, has tapped the nationally recognized architect to preserve the abandoned space, which was once a prominent business staple in the city. The new storefront will transform the building into a vibrant space, where Korman will continue to offer Austinites a place to celebrate moments and milestones in their lives as they explore the handcurated selection of exquisite diamonds, Swiss timepieces and designer jewelry. The store will be cradled by three large oak trees overlooking Shoal Creek, where its strategic placement takes advantage of its elevated position, offering customers a panoramic view of the lush outdoors. The design also supports Korman’s mantra to “Celebrate Every Day” by accommodating

Larry and Kat Stokes (Owners at Korman)

Korman Fine Jewelry Bridal Suite a variety of experiences, from grand gatherings to intimate moments. In addition, there is ample dedicated parking spaces, making for an easily accessible visit to Austin’s premier jewelry destination.

MHOA worked together with Korman to bring to life the jeweler’s commitment to community, creating a jewelry social house which is reflected in moments of intentional hospitality from the inviting ambiance of multiple hospitality lounges to the exclusivity of the VIP reception room. Each space is designed to frame the breathtaking views of Shoal Creek and the oak trees, forging a deep connection with nature and ensuring that every visit for patrons is memorable. Upon entering through the custom travertine and brass entryway, patrons are immersed in a warm and sophisticated atmosphere.

“We’re excited to be a part of creating what will soon be an incredibly unique, luxurious and beautiful destination jewelry store for Austin. Larry and Kat asked for a complete transformation of the building and site, and to design a place that will make their clients feel like they’ve stepped into a one-of-a-kind store that feels like their personal jeweler’s home,” said Michael Hsu, FAIA, IIDA, principal of Michael Hsu Office of Architecture. “Each material and detail has been carefully chosen and designed to contribute to an immersive and bespoke shopping experience, putting their clients’ comfort and expectations first.”

The almost 11,000-square-foot space’s design is contemporary yet timeless and draws inspiration from the luxurious homes and verdant landscapes of the adjacent Pemberton Heights neighborhood. Standout features include

a grand staircase, an architectural focal point that has a custom walnut stair rail elegantly integrated into the travertine wall with brass details. Dimensional mosaic tile introduces geometric layers, reflective of the retailer’s intricate jewelry designs.

Guests can explore jewelry from all parts of the globe, as the new location has strategically placed skylights that fill the interior with natural light to complement the craftsmanship of the pieces on display. MHOA architects focused on thoughtful use of light to create the ambience along with a unified color palette, bringing together the diversity of designer collections under the Korman roof. The casework and bespoke furniture echo the geometry of the jewelry and the textured facade.

The showroom will include collections from world-renowned designers, such as Single Stone, FOPE, Messika, Jade Trau, Walters Faith and Viltier, as well as Swiss timepieces from Rolex, Tudor, Blancpain and more. An inviting bridal salon provides intimacy, while expansive jeweler’s benches within the space aim to create the retailer’s exclusive Longhorn pendants inhouse. A 1,600-square-foot Rolex boutique and service center will be crafted from green marble and travertine will be sure to make selecting your next timepiece memorable and fun. Additional key project partners include Austin-based project management consultant CPM Texas and general contractor Zaplac/Reed.

Korman’s new location reflects their half-century legacy and unwavering commitment to superlative quality and customer service. It stands as a celebration of community. An opening date will be announced later.

Jay Colombo (Partner at MHOA), Larry and Kat Stokes (Korman Owners), Michael Hsu (Principal at MHOA)

Kat and Larry Stokes

Page 10

Austin Construction News • FEB 2024

Adolfson Peterson Prepares to Break Ground on Hospital Project

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national construction management firm and general contractor, Adolfson & Peterson Construction, (AP) is preparing to break ground on a large addition to Cedar Crest Behavioral Health Hospital and Residential Treatment Center. The latest project in a trusted partnership with Acadia Healthcare, these treatment centers are crucial to the health of growing populations and offer mental health and rehabilitation services. Acadia also accepts many forms of insurance, such as Medicaid, Medicare and Tricare which makes them more accessible to the general public and underserved communities. “Mental Healthcare is a growing and needed area within the medical field, and it is an honor to work on this Central Texas project with Acadia Healthcare,” says Addisu Negash, project executive at AP. “We will leverage our vast healthcare facility experience to provide Cedar Crest Hospital with topquality work efficiently and better equip this facility to provide life-changing care to Central Texas residents.”

For Cedar Crest, located at 3500 Interstate 35 frontage road in Belton, Texas, their ability to help people in the surrounding community will be expanding in a big way. AP will build a massive addition to the main hospital, which originally opened its doors in 1988.

The new addition was designed by Stengel Hill Architecture, and will add a 79,000 square feet two-story building with 96 beds to the facility with available space for future expansion. Each of the 48 rooms will have two beds and its own bathroom and shower. Along with the new dormitories, the addition will include a new gym for residents, treatment areas, activity yards and administrative office space. Plans to renovate an existing kitchen space are also in the works. AP plans to break ground on this project in early February, with its completion expected within 16 months.

In their prolific partnership with Acadia Healthcare, AP has built other behavioral health facilities, such as Rio Vista Behavioral Health Hospital in El Paso which was completed in 2023.

Minneapolis-based AP has built a strong presence in Texas, with locations in Austin, San Antonio, Midland and Richardson. Other notable Texas projects completed by AP include an expansion of Midland College, Reunion Rehabilitation Hospitals in Plano and Arlington, and PGA of America in Frisco. Currently, AP is also working on Sunrise Commerce Center in Round Rock. AP is a familyowned business with over 75 years of experience, and has been consistently ranked as a top 100 Contractor by Engineering News Record.

Association Calendar

Taking Action on the Shortage of Skilled Laborers

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he unprecedented growth and construction boom that Central Texas is currently experiencing has made many contractors acutely aware of the difficulty in attracting skilled laborers.

American Builders and Contractors has developed a proprietary model which projects that the construction industry will need to attract an estimated 546,000 additional workers on top of the normal pace of hiring in 2023 to meet the demand for labor. “The construction industry must recruit hundreds of thousands of qualified, skilled construction professionals each year to build the places where we live, work, play, worship, learn and heal,” said Michael Bellaman, ABC president and CEO. “As the demand for construction services remains high, filling these roles with skilled craft professionals is vital to America’s economy and infrastructure rebuilding initiatives.”

Bryan Ehrlich, the founder and CEO of NCE General Contractors Inc., hopes for less talk and more action on the subject of recruiting and retaining skilled labor. Instead of the usual conversations that come and go about the problem, he is looking for viable solutions. He founded his own company on the principle of “Build partnerships first, and buildings second.”

Bryan really started feeling the pinch during Covid, like many others, and wants to keep the conversation open instead of cast aside, only to reemerge every six months. He has built up a network of people who can help guide people interested in the trades and can connect with them as a mentor. He acknowledges

that it’s not only about finding the right trade school or training program, but about giving someone the opportunity to learn from someone in the trade personally, which can lead to Bryan Ehrlich, more opportunities Founder & CEO for young tradespeople to get their foot in the door. For instance, he might connect an experienced electrician with someone entering an electrical apprentice school, so they can help them expand on the knowledge they gain, more than just receiving the diplomabut a chance to be guided personally by someone who understands exactly what the job is about.

Bryan wants to equip the experts with the tools they need to retain their employees, especially those skilled in mechanical, electrical and plumbing. His goal being to provide the back-office assistance that they need so that they understand what it takes to operate in this space and be a resource for them so they’re able to compete with other general contractors and other projects.

“What we are trying to do is really give a diverse background the opportunities and positions that they may not have had access to, or give them the right contact.

To help them prop themselves up, and really make sure that the trade schools are at the forefront. I think that’s what’s going to be the success and the longterm sustainability of the industry.” -ndw

www.pipelineintelligence.com

Content submitted by Associations to Construction News ABC CTX Associated Builders & Contractors Central Texas Chapter Feb. 7: Coffee & Contractors, 7-8:30am, Red Horn Brewery & Roastery, 1615 Scottsdale Dr., Bld. 1, Ste. 110, Leander Feb. 28: Construction Executive Breakfast Group, 7-8:30am, Austin Country Club, 4408 Long Champ Dr.

CTSA Central Texas Subcontractors Association Feb. 1: Webinar: TCA Benefit Spotlight: 401(k) Collective Retirement Plan, 11am Feb. 13: CTSA meeting, 4pm, The Brewtorium, 6015 Dillard Cir. A, Austin, Speaker: Bryan Hadley, Texas Construction Association, to discuss Lonestar Construction Careers & trades education for the next generation

ACEA Greater Austin Contractors & Engineers Association Feb. 2: Coffee Chats, 7:30-9:30am, The Hive, 10542 Menchaca Rd., Austin Feb. 8: February Luncheon, 11:30am-1pm, Norris Conference Center, 2525 W. Anderson Lane, Austin, Speaker: Tom Yantis, AICP, Topic: Taylor Development Updates Feb. 17: Chili Cook-Off, 1-3pm, MLA Geotechnical Parking Lot, 2804 Longhorn Blvd., Austin

HBA Home Builders Association Greater Austin Feb. 8: Get smart with home Automation Technology, 11:30-1, Ketra Headquarters, 2301 E. Riverside Dr., Austin Feb. 15: 2024 Annual Housing Forecast, 8-11am, AT&T Conference Center, 1900 University Ave., Austin Feb. 20: PWB Speaker Series: Meet the 2024 HBA President, 12-1pm, HBA of Greater Austin Office, 7800 Shoal Creek Blvd., Ste., 225E, Austin Feb. 28: Essential Building Skills, 1-5:15pm, Home Builders Association of Greater Austin (HBAGA), 7800 Shoal Creek Blvd., Ste. 225E, Austin

AGC Associated General Contractors Austin Feb. 16: Construction Awards Banquet, 6pm, AT&T Conference Center - Zlotnik Ballroom, 1900 University Drive, Austin. REGISTRATION CLOSES Feb. 2.

TACCA Texas Air Conditioning Cooling Contractors Association Feb. 15: South Texas HVAC Conference & Expo, 9:30am, San Antonio Shrine Auditorium, 901 N Loop 1604 W, San Antonio

Two publications that have an up-to-the-minute quick reference listing of your upcoming pipeline and renewable projects around the US & Canada Ashley Mohn Vice President

281-499-3131

www.windsolarintelligence.com

Austin Construction News • FEB 2024

Page 11

New Building, Same Commitment

Alamo Crane Service, Inc. Recognized by San Antonio Business Journal

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P

solidifies our place there for the future and affirms continued successful project delivery for our clients.”

Incorporating long-term leadership from the firm’s headquarters in Frisco, Peinado’s Central Texas office is helmed

by Executive Vice President Ed Motley, a veteran of the United States Marine Corps who brings over 30 years of experience in the construction industry.

With experience in both public and private sectors, including Public-Private Partnerships, Motley has completed in excess of $860 million in industrial, military, institutional, office, retail, medical and municipal projects.

“Proximity to our current as well as our future projects in Central Texas is very important to Peinado,” said Motley.

“Pflugerville provides the perfect location and access for our Central Texas office and enhances our ability to better service our clients when considering speed-tomarket requirements for both the industrial/manufacturing sector and the ever-changing data center/mission critical world.”

Peinado recently completed the 141,282 square-foot Skybox Austin 1 30-megawatt datacenter campus in Pflugerville, a collaboration between data center developer Skybox and Prologis, one of the world’s largest logistics companies. Additionally, Peinado will break ground on another large data center project in Central Texas in early 2024. These projects highlight the growing intersection of logistics and digital infrastructure, expanding datacenter capacity in Austin’s booming technology market.

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AS LOW AS

einado Construction, a Texasbased premier specialized industrial and commercial construction services firm, ranked No. 2 General Contractor and No. 1 Minority Owned Business by the Dallas Business Journal, has announced the commitment to its ongoing services throughout Central Texas with the opening of an office in Greater Austin, which will be led by Ed Motley, Executive Vice President.

Located just north of downtown Austin in Pflugerville, Texas, the firm’s new office will serve as a regional hub for activities and projects throughout Central Texas. Continuing to provide a full range of services, from design-build to designassist and construction management, the Central Texas-based team will lead projects along the bustling tech and distribution corridor.

Peinado Construction established the firm’s presence in the Central Texas area with several large industrial and manufacturing projects for Caterpillar and Carrier Corporation. Since that time, Peinado has successfully delivered over 4.7 million additional square feet in the region of manufacturing, distribution, data center and medical office construction, making the new office location a comfortable welcome for the ongoing and expanding opportunities in the area.

“For many years, we have enjoyed working in Central Texas and have considered the idea of planting a flag in the area for quite some time,” said Robert Shelton, President. “The region is experiencing significant growth and our office expansion in Austin, led by a team familiar with the area and market,

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1/12/24 1:53 PM

Receives Business of the Year recognition

lamo Crane Service, Inc., a local leader in the crane service industry, is pleased to announce that ACS was recognized at the San Antonio Business Journal’s Business of the Year Awards event held at the beautiful Canyon Springs Golf Club. ACS was among 15 companies to be nominated for the San Antonio Business of the Year Award.

“We are honored to be recognized by the San Antonio Business Journal and to receive this award,” said COO Marvin Ohlenbusch. “Marge and I are very proud to serve San Antonio and the state of

Texas. We would like to extend a special ‘CONGRATULATIONS’ to this year’s 2023 SABJ Business of the Year winner, San Antonio International Airport.”

Congratulations to all this year’s nominees – AmeriVet Veterinary, Brooks Development Authority, CE Group, Central Builders Inc., EMBREY, MarketVision, Millennium PetroCapital, OCI Solar Power, Petroleum Distribution, REEP Equity, San Antonio International Airport, SEnergy | Powered by Schneider Engineering, Sports Medicine Associates of San Antonio, and SWBC.

Marvin and Marge Ann Ohlenbusch, Alamo Crane

Carol and Stan Rothman, Alamo Crane

Page 12

Austin Construction News • FEB 2024

ACCOUNTING

LEGAL

Diversity Programs Answer the Call for More Women in Commercial Real Estate

Enforceability of Contractual Liquidated Damages Andy Harris Andrews Myers, P.C. Austin, TX

Lauren Gerdes Real Estate Senior Analyst, RSM US LLP

W

Sarah McKevitt Real Estate Senior Analyst, RSM US LLP

omen are incrementally gaining in the commercial real estate (CRE) ranks, which has historically lagged other industries in the move to gender parity.

Accelerating the trend toward greater female representation can help jumpstart innovation at a time when the industry faces challenges ranging from slower deal flow to major shifts in the use of commercial space. The key to giving women a leg up in their careers is workplace flexibility.

Forty-two percent of the North American workforce in CRE are women, a 3.7% increase from 2021, reported NAREIM’s “Global Real Estate DEI (Diversity, Equity and Inclusion) Survey 2022,” which collected 210 responses from organizations representing more than 357,000 full-time employees and $2.3 trillion in total gross assets under management. Women now hold 31.9% of CRE’s board seats, up from 29.6% in 2022, according to the 2023 Bisnow Diversity, Equity and Inclusion (DEI) Special Report, which tracked diversity across 89 of CRE’s largest firms. Women in the C-suite have also gained representation, increasing to 26.2% in 2023, up from 25.6% in 2022 and 23.5% in 2021, according to the same report.

Boosting the female roles at all levels makes good business sense. Research from McKinsey, Credit Suisse and other prominent organizations has shown that diverse teams outperform homogenous groups and lead to more creative problem-solving. More women in leadership positions could help commercial real estate develop innovative solutions for everything from deal sourcing and fundraising to strategies for operations and investment.

But a commitment to DEI requires more than just evening out the numbers of men and women; the industry needs to actively cultivate a culture of diversity to foster collaboration and innovation.

Female representation in CRE lags behind other sectors Female representation in CRE lags the broader 28% for all industries, based on 2023 data from a McKinsey report on women in the workplace, which collected information from 276 senior human resources (HR) leaders who shared insights on their policies and practices.

Although the pipeline of female talent shows signs of growth, CRE continues to trail in recruitment, retention and advancement of women, a trend underscored by numbers in senior leadership in private equity (PE) real estate firms.

According to Preqin data as of January 2023, examining the workforce in every asset class, female employees in real estate as a proportion of total employees only grew 3.5% globally from 2019 to 2023. Also concerning is the lack of representation within investment teams; the “2024 Preqin Private Capital Compensation and Employment Review” of 84 leading private capital real estate firms worldwide revealed that women at private capital firms hold only 21% of those roles versus 69% in operations and 77% in investor relations.

Crystal Sunbury Real Estate Senior Analyst, RSM US LLP

Even as women gain representation in CRE, the gender wage gap has continued to widen, with women earning far less than their male counterparts.

According to a leading benchmark survey of the industry, conducted every five years by CREW (Commercial Real Estate Women), the total average earnings for women in CRE were 34% less than men, up only 11% in the five years from 2015 to 2020. The CREW survey polled 2,930 industry professionals across CRE. Fundraising remains a major challenge in the current market as investors pull back from CRE and focus their limited capital allocations on established fund managers. However, institutional investors appear to be leaning into the diversity discussion and asking for information on the makeup of investment teams seeking to raise funds.

Another recent McKinsey report, “The state of diversity in global private markets: 2022,” which surveyed 42 PE firms globally, showed that institutional investors would allocate as much as two times more capital to a gender-diverse deal team whose track record matches a less diverse one. Even more surprising, 40% of respondents would still allocate more capital to a gender-diverse deal team despite lower historic returns. This trend presents a tremendous opportunity for women-led PE fund managers.

More workplace flexibility is key A flexible workplace is essential to bringing more women to C-suite and board positions.

The post-pandemic landscape is characterized by increased flexibility across corporate America. Many organizations have opted to offer their employees hybrid or even fully remote work options. This new working environment has allowed companies to retain more staff and tap into a larger, more geographically diverse talent pool, helping mitigate the significant challenges brought on by low unemployment and a competitive labor market.

All demographics have benefited from increased flexibility. “Women in the Workplace 2023,” a McKinsey study, reports that men and women alike rank flexibility among the top three employee benefits. Flexibility, however, has been particularly important to working mothers, who are generally the primary caregivers of their children. In fact, based on data from the same study, one in five women says flexibility has helped them stay at their organization or avoid reducing their work hours.

The lack of flexibility is an obstacle CRE companies need to recognize still exists in the industry, particularly on investment teams emphasizing uninterrupted investment pipelines amid severely constrained deal sourcing in the current market. A common perception we hear among women in the industry is that investment teams need an office presence and work extended hours to identify capital and actively manage investment portfolios, leaving little time for home responsibilities.

Continued on Page 13

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liquidated damages clause is designed to estimate and apportion damages for non-performance or breach of contract when the actual damages may be unknown at the time of contracting. However, sometimes— whether intentionally or inadvertently—a party will seek to discourage nonperformance by imposing liquidated damages that exceed the likely economic loss for the harmed party. In most states, including Texas, these liquidated damages penalties are void. Liquidated damages must be calculated to reimburse the contracting party only for damages likely to occur. Therefore, if a contract awards liquidated damages that greatly exceed the anticipated actual damages, the award will be unenforceable in nearly every state.

In the U.S., states fall into three basic categories on this issue: (1) Uniform Commercial Code (“U.C.C.”) states – (43 states plus the District of Columbia); (2) U.C.C. states with additional liquidated damages laws – (Montana, North Dakota, Oklahoma, South Dakota); and (3) Non-U.C.C. states – (California, Georgia, Louisiana).

A majority of states have codified or otherwise utilize the principles of the U.C.C. liquidated damages language into their respective statutes and cases. The applicable U.C.C. section states: Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty. U.C.C. § 2-718.

Accordingly, states that have implemented the U.C.C. language will invalidate a liquidated damages clause when it is determined to be a penalty.

Section 2-718 also lays out the two-part test to determine if the clause is a penalty provision and therefore void.

The basic purpose of a liquidated damages clause is to apportion possible future damages when those damages are unknown. Therefore, to be an enforceable liquidated damages clause, the economic harm must be difficult to ascertain at the time of contract.

Part two of the enforceability test requires the amount of awarded liquidated damages to be reasonable and proportional to the anticipated or actual damages. If disproportionate to the actual damages, a court should find that the liquidated damages award was intended to penalize the breaching party and is therefore unenforceable.

Although the language utilized by the individual courts can vary, U.C.C. states incorporate this basic two-step “no penalty” test. When challenged, a contractual penalty is most often invalidated because it fails the second prong of the test—the penalty awarded is disproportionate to the actual/ estimated damages.

The preeminent Texas case discussing the enforceability of liquidated damages is Atrium Medical Center v.

Houston Red C LLC, 595 S.W.3d 188 (Tex. 2020). In this case, the Texas Supreme Court reiterates prior decisions requiring liquidated damages to be just compensation rather than an unenforceable penalty.

Texas favors freedom of contract, as a policy “firmly embedded in our jurisprudence.” But tempering this policy is the “universal rule” that damages for breach of contract are limited to “just compensation for the loss or damage actually sustained.”

Stewart v. Basey, 150 Tex. 666, 245 S.W.2d 484, 486 (1952). Accordingly, courts carefully review liquidated damages provisions to ensure that they “adhere to the principle of just compensation.”

In keeping with this approach, an enforceable liquidated damages contract provision establishes an “acceptable measure of damages that parties stipulate in advance will be assessed in the event of a contract breach.” A damages provision that violates the rule of just compensation, however, and functions as a penalty, is unenforceable.

Liquidated damages must not be punitive, neither in design nor operation.

The Atrium Court also re-affirmed prior case law describing the threeprong analysis of any liquidated damages provision. A liquidated damages clause is facially reasonable if: (1) the damages are impossible or difficult to estimate; and (2) the liquidated damages are a reasonable forecast of the just compensation at the time of contracting.

Even if a party can show that the clause is facially reasonable, a liquidated damages clause is not enforceable if: (3) the actual damages (at the time of the breach) are much less than the liquidated damages imposed.

Montana, Oklahoma, North Dakota, and South Dakota have incorporated the above-cited U.C.C. language, but enacted additional laws that: 1) specifically void any penalty for non-performance, and 2) only allow liquidated damages when it is difficult for parties to determine actual damages at the time of contracting.

Finally, three states offer a more deferential approach to liquidated damages when compared to the U.C.C. states. However, in two of these— California and Georgia—a true penalty provision would still be void. In California or Georgia, the underlying laws presume that liquidated damages are enforceable, but the liquidated damages must still show a reasonable relationship to the probable loss. Louisiana stands alone as the true outlier. In Louisiana, a penalty clause is likely to be upheld, even if the contractual damages are specifically designed to penalize non-performance or breach. However, even in Louisiana, the penalty—although enforceable— may still be reduced by the court if the award is deemed manifestly excessive and against public policy.

The overarching takeaway is that even on Texas projects, a contractor would be wise to consider if a different state law applies to the contract and review the liquidated damages provisions in light of whatever law will interpret the LDs.

Austin Construction News • FEB 2024

Page 13

INSURANCE

C

OSHA

Safeguarding Success with Cyber Liability Insurance

The Texas Top Construction Hazards in 2023

Brigette Burttschell The Nitsche Group Media & Content Manager Giddings, TX

Joann Natarajan Compliance Assistance Specialist OSHA Austin, TX

yber-attacks are on the rise, and they’re more than just an inconvenience— they can mean financial ruin for a business.

In fact, 60% of small businesses go under within six months of a cyberattack.

It’s easy to believe that we would never fall for a cyber-attack. Many business owners simply shrug off cyber risks like spam and phishing emails as small annoyances that come with doing business in today’s digital world. However, cyber-attacks are becoming more frequent, more sophisticated, and can have devastating consequences.

Recognizing the importance of cybersecurity and cyber liability insurance as key components of risk management has become imperative for the sustained success of businesses in today’s world. No matter what type of business you run, where you’re located, or how much time you personally spend online, your business needs cyber insurance.

A Growing Threat The risk landscape for cyber-attacks has evolved significantly in recent years, particularly in regard to small and midsized businesses.

When cyber events like ransomware attacks or data breaches hit big companies, they make headlines. But, nearly 70% of all cyberattacks are specifically targeted at small and mid-sized businesses, and small to mid-sized business employees on average receive 350% more social engineering attacks (like phishing emails) than an employee at a larger corporation.

When these incidents happen to a small business, they don’t garner the same news coverage as the big corporations, but they aren’t any less serious. It’s reported that a single successful phishing email can cost a small business an estimated $25,000 over a 12-month period with larger cyberattacks costing companies an average of $200,000 per incident.

Beyond The BOP Unfortunately, many businesses are unprotected and don’t even realize it. They may assume that their Business Owners Policy (BOP) will provide protection in the face of a cyber-attack.

While a BOP can provide coverage for some conventional business risks, the unfortunate reality is that traditional BOPs tend to fall short and often exclude cyber coverage.

Some insurance companies offer cyber-related riders or endorsements to their available BOP coverages. However, these add-ons generally do not provide nearly enough coverage for the average cyber-attack.

Even worse, BOP insurance cyber riders are typically designed only for thirdparty claims. They often do not even begin to cover the associated first-party costs.

These can include notification costs, which can run hundreds of dollars per record, and the costs of forensic investigation, which can run $10,000 to $30,000. BOP insurance typically will not offer coverage for these expenses.

To extend coverage for a fuller range of cyber liability risks, a business should put a stand-alone cyber liability policy in place.

The Importance of Stand-Alone Cyber Insurance This type of policy can offer coverage for risks like business interruption, identity theft, cyber extortion, and more. Cyber

insurance can also provide financial coverage for the costs associated with a cyber-attack, including legal fees, notification costs, and expenses related to data breaches. It can also provide coverage for the costs of restoring data, repairing damaged systems, and compensating affected parties.

Financial Protection: One of the primary reasons small and mid-sized businesses should invest in cyber insurance is the financial protection it can offer. The aftermath of a cyber-attack can be financially devastating, with the costs of data recovery, legal fees, and potential regulatory fines adding up quickly. Cyber insurance can provide a safety net, ensuring that the financial burden of a cyber incident does not jeopardize the success of a business.

Reputation Management: A cyberattack can tarnish a business’s reputation, eroding the trust of customers and partners. Cyber insurance can include coverage for public relations efforts to manage the fallout from a data breach.

Having a solid cybersecurity strategy in place, backed by cyber insurance, not only helps in financial recovery but also supports efforts to rebuild and maintain a positive brand image.

Preventative Cyber Risk Tips: While cyber insurance is an essential component of risk management, preventing cyber-attacks in the first place is equally as important. Here are some practical tips for small businesses to enhance their cybersecurity— Employee Training and Awareness: Educate employees about cybersecurity best practices, including recognizing phishing attempts, using strong passwords, and being cautious with email attachments and links. Human error is a common entry point for cyber-attacks, making employee training a foundational element of cybersecurity.

Regular Software Updates: Ensure that all software, including operating systems, antivirus programs, and applications, is regularly updated. Software updates often include security patches that address vulnerabilities, reducing the risk of exploitation by cybercriminals.

Data Backup and Recovery: Regularly back up critical data and ensure that backups are stored in a secure, offsite location. Having a robust data backup and recovery plan in place is crucial for minimizing downtime in the event of a cyber-attack.

Incident Response Plan: Develop and regularly test an incident response plan to ensure a swift and effective response in the event of a cyber-attack. Clearly define roles and responsibilities, establish communication protocols, and identify external resources, such as cybersecurity experts and legal counsel, that may be needed in the aftermath of an incident.

In the face of escalating cyber threats, cyber insurance has become a crucial risk management tool. And it’s not limited to any specific business size or sector— any business that uses technology or collects data is at risk of a cyber-attack.

In an increasingly digitized business landscape, businesses must prioritize cybersecurity and cyber insurance as integral components of their risk management strategy.

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he topmost frequently cited hazard in construction in Texas was not fall protection being used in residential construction.

OSHA requires that whenever a fall to a lower level of 6 feet or more can occur, it must be guarded against with a personal fall arrest system, guardrails or safety nets.

The second most frequently cited hazard was failure to wear eye and face protection whenever there was a risk of objects striking the eye. OSHA frequently finds that workers operate hand and power tools without wearing safety glasses. OSHA requires the employer to enforce the use of eye and face protection.

The third most frequently cited hazard was head protection. Whenever there are overhead objects that can strike the head, OSHA requires that head protection be worn. For example, if workers are on a scaffold handling materials and tools, the workers on the ground in adjacent areas would be required to wear head protection in the event that tools or materials are inadvertently dropped.

The fourth most frequently cited hazard was not extending a ladder’s side rails 3 feet above the landing surface used to gain access, so that workers climbing a ladder can grasp the side rails as they exit the ladder onto the landing surface.

The fifth most frequently cited hazard was failure to provide a training program for each employee who might

be exposed to fall hazards. This training must cover where fall hazards are encountered on the job, how they will be controlled, and what fall protection systems will be used. Written records of fall protection training must be kept by the employer.

The sixth most frequently cited hazard was failure to wear a fall protection harness in an aerial lift> OSHA requires that workers in aerial lifts wear a harness that is attached to the aerial lift.

The seventh most frequently cited hazard was employees on a walking/ working surface with an unprotected side or edge which is 6 feet or more above a lower level were not protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems.

The eighth most frequently cited hazard requires whenever scaffold platforms are more than 2 feet above or below a point of access, some method of safe access must be provided to the scaffold.

The ninth most frequently cited hazard was retraining workers on fall protection whenever there are inadequacies in an affected employee’s knowledge or use of fall protection systems or equipment, or has not retained the knowledge regarding fall protection.

The tenth most frequently cited hazard requires that all working levels of scaffolds shall be fully planked or decked.

Accounting continued Meanwhile, while remote work policies have been institutionalized by a host of companies, executives’ outlook on physical office space continues to evolve. Forty-six percent of respondents in the Q4 2023 RSM US Middle Market Business Index survey said their organizations plan to increase their number of physical workspaces over the next two years, up from 25% a year ago.

The percentage is even greater among executives at large firms ($50 million to $1 billion in annual revenues), rising to 72% from 35% last year.

DEI strategies for CRE companies The majority (95%) of firms in the Global Real Estate DEI Survey 2022 said they are addressing DEI either through a formal program or by enacting DEI initiatives and policies.

Achieving more representation of women in CRE requires a multifaceted approach that incorporates strategies for advancement, alignment of incentives, the building of external partnerships, and normalizing workplace flexibility. Here are the key actions that CRE companies can take to improve female representation in their workforce and leadership: • Normalize flexibility: Companies need to establish a level playing field for different work arrangements to mitigate biases that exist between inperson and remote workers. They need to coach managers and leaders on eliminating flexibility stigmas and ensure equal opportunities and performance reviews among workers with different work arrangements.

• Promote advancement and retention: Mentorship programs and business networking groups are effective tools for women to build internal networks. Participation by men should be encouraged, as allyship is key to gender balance and the advancement of women.

• Build external partnerships: Many CRE companies have very lean operating structures that don’t support internal programs; support from external organizations can fill that gap. By partnering with professional organizations focused on the advancement of women—such as Commercial Real Estate Women (CREW) and Women in Real Estate (WIRE)— companies can expand business relationships and recruiting efforts to benefit the entire company, not just female employees.

• Align incentives: While many DEI programs may exist, very few are effectively measured for success.

Managers should have specific, identifiable metrics to track their performance in improving women’s program participation. Linking DEI efforts to goals and metrics that are tied to compensation and incentives keeps initiatives top of mind for managers and leaders.

Diversity of teams and leadership equates to opportunities for innovation.

By implementing strategies to bring more women to the boardroom table, CRE companies can build DEI cultures that can more creatively think through industry challenges and solve for a more equitable future.

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Austin Construction News • FEB 2024

Wired to Give Back In 2021, Alterman, Inc. established the Alterman Foundation whose purpose is to be stewards of the community through various initiatives to serve charities and organizations selected by Alterman employees. Alterman distributes the funds the Foundation raises throughout the year and donates the entire sum during Alterman’s 8 Weeks of Giving.

Week 1 - Wilson County No Kill Animal Shelter Nominated by Alterman employee: Nancy Oliver, Service Coordinator

Week 2 - Zapatos, Inc. Nominated by Alterman employee: Mallory Fuentes, Contract Specialist

Week 3 - Alamo Breast Cancer Foundation Nominated by Alterman employee: Manual Gonzales, Project Designer

Week 4 - Arms of Hope Nominated by Alterman employee: Eric Walker, Installation & Planning Manager

Week 5 - Hope for Heroes Texas Nominated by Alterman employee: Sonia Jones, Buyer

Week 6 - Corazon Ministries Nominated by Alterman employee: Cynda Walker, Benefits & Compensation Manager

Week 7 - Texas Firewalkers Nominated by Alterman employee: David Deschaine, Director of Special Projects

Week 8 - TRAPRS - Trapping, Rescue, and Pet Recovery Service Nominated by Alterman Employee: Amariah Harp, Account Manager

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Off to an Amazing Start!

CS Mechanical (TCS) was honored to be the Bastrop Chamber of Commerce 2023 Large Business of the Year award winner! TCS President, Tim Kimbro, “It is a privilege to be a part of the Bastrop Business Community and TCS believes it is the responsibility of every successful company to give back to their

local community. TCS credits its success over the last six years to their dedicated employees, without them, none of this would have been possible!”

TCS Mechanical has been proudly serving their Bastrop Business Community since 2017!

Austin Construction News • FEB 2024

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National Demolition Association Launches New Supervisor Certification Program

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new program is being developed by an independent certification board that is sponsored by the National Demolition Association, (NDA) a trade organization that serves as the voice of the demolition industry. The association represents over 500 member companies throughout North America, with some international members as well. The NDA as a whole sees the need to recognize that demolition is not just a viable career path, but is a bona fide trade and skill of its own. Just like becoming an electrician or any sort of other certified technician, this program will certify Demolition Supervisors. Demolition professionals carry a lot of responsibility and accountability for what they do, with safety being the first priority.

Several years ago, the Board of Directors of the NDA voted to form an independent certification board to develop a certification program. The NDA Certification Board, comprised of industry subject matter experts from across the country, developed the Certified Demolition Supervisor (CDS) program under the guidance of Yenny Caceres, an accredited certification manager and expert in developing and designing high risk assessments that effectively assess knowledge, competency, and skill. Timothy Ramon, the president of JR Ramon Demolition, is the Chairman of the Certification Board for the NDA. This Demolition Supervisor Certification is the first program of its kind.

The first test in the new program was held in October of 2023. Over 50 candidates applied to take the test.

There is a set criterion of requirements and prerequisites that the candidates must have to even be allowed to take the exam. They must have documented five years of hands-on demolition experience in the industry, as this program is meant for individuals that have made their careers specifically in demolition. The importance of fall protection on all demolition sites is very prevalent, so candidates must have fall prevention training in the form of an eight hour fall prevention or fall protection course. They must also have obtained the OSHA 30 HR construction safety course, CPR and first aid certification, and 8 hours of asbestos or HAZWOPER awareness training, which is a hazardous waste operations and emergency response training, prior to applying for the exam.

Once the candidates meet all those qualifiers, they are eligible to take the exam. The exam is very in-depth. It covers five different domains that are applicable to the majority of demolition sites: safety, environmental,

operational mythology, project management and people management.

A Certified Demolition Supervisor will demonstrate their knowledge within these five domains and actively use them on any demolition site to keep the site safe, productive and in compliance with governing regulations. This certification is designed to validate the knowledge and accountability of a supervisor in the demolition industry. A person who receives this certification would be able to go to any construction company, or demolition company, and apply for a job as a supervisor, having proven he has the knowledge and skills to be responsible for a demolition site.

Out of 40 people who took the test, 27 passed. Three of those individuals who passed the test are on the JR Ramon Demolition team in San Antonio. With over 30 years of experience under his belt, Joe Ramon III, Vice President of JR Ramon, passed the test. Ryan Medellin and Jody Hopewell, both of whom have been with JR Ramon for 5 years but have many more years of experience in the industry, were also recognized as Certified Demolition Supervisors. These individuals are the only three people to now hold the certification in the San Antonio area! This was not an easy exam.

It’s meant for seasoned professionals in demolition, and those who didn’t pass the first time are encouraged to continue studying, pursue more experience and try again.

Timothy Ramon says, “I’m very proud of Joe, Ryan and Jody. We see this test as not only advancing their careers, but also validating all their hard work and attention to detail they put in their job sites to ensure a safe environment for themselves, their co-workers, and the community.” The main goal for the NDA Certification program is to elevate and advance people in the demolition industry throughout the country.

In the spring of 2024, NDA will be hosting their annual convention and expo in San Antonio from March 6th9th. Demolition San Antonio will feature the latest innovations and technology solutions from the industry’s best resources. Exhibits from leading manufacturers and suppliers give attendees one-stop access to a full range of products, service offerings, and education sessions that can help them add efficiencies, capture new opportunities and increase profits.

Additionally, the NDA will offer the Certified Demolition Supervisor exam in an in-person setting. Information about this event, and the Demolition Supervisor Certification can be found at Demolitionassociation.com -ndw

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Fun & Games Kick-off

he Central Texas Subcontractors Association (CTSA) kicked off 2024 with a fun networking event at Pinballz Lake Creek. They raced go-karts, competed in axe throwing and arcade games, and enjoyed the ambiance of the largest whiskey bar in Central Texas.

Patrick Finnegan, Jennifer Fagan, and

Bryan Hadley with the Texas Construction Association were on hand to sell whiskey and tequila tastings to raise funds for the TCA PAC. Carrie Buckley, CTSA Executive Director, “We enjoyed seeing everyone, and we look forward to seeing more of you at our meetings, seminars, and events throughout the year!”

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Austin Construction News • FEB 2024