Construction Today - Issue 2, 2019

TODAY PUBLISHED BY THE GENERAL BUILDING CONTRACTORS ASSOCIATION

2019 CLC CONFERENCE IN PHILADELPHIA! READ ALL ABOUT WHAT GBCA’S CLC PLANNED FOR AGC CLC CHAPTERS FROM ACROSS THE COUNTRY!

ISSUE 2 | 2019

CONSTRUCTION

EVERYBODY | EVERYWHERE | EVERYDAY

L.F. Driscoll Co., LLC is an EEO/ AA employer, M/F/D/V

LETTER FROM THE PRESIDENT

The next generation of leaders in the construction industry are a group of passionate individuals who are excited to do something meaningful that will have a positive impact on our industry.

At GBCA, we see this every day through the Construction Leadership Council; whether it is through their educational seminars, their hard hat tours, or their ongoing contributions to the community through the service activities of the GBCA. GBCA must harness this energy and point it in the direction of preparing our next generation of leaders to take on the challenges that await them.

It is imperative that as we grow our businesses and the industry we also develop the future of the industry by providing those with promise the critical skills needed to become leaders and then give them the opportunities to lead. It is always the next generation that is not assured until we make it so.

They are critical to our success as an industry.

Encouraging our next group of great leaders to hone their skills, continue to learn and grow, and share best practices with one another is key. By providing our up-and-coming leaders with tools, and then promoting the deliberate utilization of those tools, together we can cultivate our young leaders.

This is why AGC of America created the annual Leadership Development Conference. This is why GBCA worked to bring the conference to Philadelphia.

We are thrilled to host the 2019 national conference and, as you will see in the following pages, we have a great lineup of presentations.

As we continue to support our GBCA members with opportunities to build both the present and the future of their organizations, we will continue to improve the outlook of our commercial construction industry. At GBCA, we’re looking forward to helping you build this next generation of leadership and the future of our industry.

Benjamin J. Connors, Esq. President

General Building Contractors Association

ISSUE 2 | 2019 1

And, CLC committee membership is free per GBCA member company; they get to assign as many of their employees as they wish to participate in the low-cost CLC events and trainings.

Through education, networking and service, each member of the CLC will grow to understand that construction starts with building relationships. The goal is to develop the future leadership of GBCA that will continue to construct an industry that becomes safer and more productive.

“Don’t follow the crowd, let the crowd follow you.”

-Margaret Thatcher

NOTES FROM THE PUBLISHER “The supreme quality for leadership is unquestionably integrity. Without it, no real success is possible, no matter whether it is on a (construction site), a football field, in an army, or in an office.”

-General Dwight D. Eisenhower We are thrilled to have been chosen to host the 2019 National AGC Leadership Development Conference.

This entire issue of Construction Today is featuring the articles that details the sessions we’ve put together for the 2019 National AGC Leadership Development Conference. This is the only event of its kind in the construction industry – a true opportunity for emerging leaders to share best practices, learn key takeaways for building a better industry, and connect with like-minded construction professionals from around the country.

“Leadership is the capacity to translate vision into reality.”

-Warren Bennis I’m often asked: What is the Construction Leadership Council all about? How do I get involved?

Well, the truth is, the CLC is comprised of any young professional (40 and under) who wants to learn, grow, and ultimately succeed as a LEADER in the construction industry.

The CLC was established to fulfill the need to cultivate the next generation of leaders in the construction industry.

One important key to surviving in today’s economic climate is having a well-educated staff that is confident that the company they work for cares about them. Knowledge is power – strength, ability, and potential.

2 CONSTRUCTION TODAY

The CLC Steering Committee includes six notable up-and-coming leaders in the industry.

The steering committee rotates every two years, and there is a rolling application process – the application process is hosted on gbca. com/CLC. 2019 Steering Committee: • CLC Chairman / Membership Chair: Reggie Asare, Skanska Building USA • CLC Vice Chair / CLC Education Chair: Mary Kate Radomski, Frank V. Radomski & Sons • CLC Safety Chair: Gene Rose, Jr., Armor Masonry Restoration, Inc. • CLC Events Chair: Casey Perry, Revolution Recovery, LLC • CLC Community Service Chair: Christina Pasquariello, P. Agnes, Inc. • CLC Government Affairs Chair: Ronald Zawacki, Siemens Industry, Inc. “If you want to build a ship, don’t drum up the men to gather wood, divide the work, and give orders. Instead, teach them to yearn for the vast and endless sea.”

-Antoine de Saint-Exupéry We invite and urge our GBCA member companies to encourage their young leaders to get involved, lead, learn and grow. The Construction Leadership Council is an invaluable resource that assists our young professionals early in their career; getting them started on the right path for construction excellence!

If you need more information regarding the CLC, contact me, Lauren Hanan, LHanan@ gbca.com.

I look forward, along with the entire CLC Steering Committee, to welcoming your emerging leaders to future events!

Lauren Hanan Director, Marketing & Communications General Building Contractors Association

CONSTRUCTION

TODAY PUBLISHER/EDITOR Lauren Hanan ADVERTISING/SALES Lauren Hanan CONTRIBUTING WRITERS Lance Claiborne / Robert J. O’Brien / Edward Seglias / Robert Johnston / Pat DeAngelis / Ken Grothman / Amy Novak / Nancy Dunleavy / Terence F. McGovern / Jim Marquet / Stephen Slade DESIGN Punch Garage ACCOUNTING Kristin DeFrancisco

EDITORIAL OFFICE General Building Contractors Assn., Inc. 36 South 18th Street Philadelphia, PA 19103 P: 215-568-7015 F: 215-568-3115 PRINTING RoyerComm 7120 Airport Highway Pennsauken, NJ 08109 P: 856-665-6400 © Copyright CONSTRUCTION TODAY® registered in U.S. Patent and Trademark Office Copyright ©2004 by the General Building Contractors Association. All rights reserved. Submissions for editorial review should be sent to the editorial office address. Neither the publisher nor any individual associated with any branch of production, nor the advertisers will be liable for misprints or misinformation contained herein.

PRINTED U.S.A.

General Building Contractors Association theGBCA

@gbca

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CONTENT

ISSUE 2 | 2019

ASSOCIATION UPDATES

09

08 EVENT PHOTOS

Snapshots from the Membership Dinner, BIM

Education Series, Active Member Dinner, CLC programs, and more.

20 PROJECT SPOTLIGHT

Larry Robbins House of Management & Technology

University of Pennsylvania

FEATURES AND CONTRIBUTED ARTICLES

30

14 2019 PROJECT SAFETY AWARDS

See who the recipients where

24 PRIMARY ELECTION RE-CAP AND NOVEMBER OUTLOOK REPORT

Your company and our industry cannot afford to

turn a blind eye.

26 CONTRACTOR OBLIGATIONS IN

THE DESIGN ASSIST MODEL

Design-Bid-Build vs. Design Assist

28 MOTIVATIONAL LEADERSHIP

How do we motivate people to want to do something.

30

FROM CONSTRUCTION ZONE TO COMFORT ZONE: HOW EMOTIONAL INTELLIGENCE WILL TRANSFORM YOUR BUSINESS

Constructing a Cultural Shift.

32 DRONE PILOTS BRING EFFICIENCIES TO PROJECTS Harness tax opportunities through insight, vision, intrigue, discovery, and strategy.

4 CONSTRUCTION TODAY

34

34 HOW THE CONSTRUCTION INDUSTRY IS CLOSING ITS

GENDER GAP

Now more than ever, companies are being founded, led and managed by women.

38 STOP COLLECTING (BUSINESS CARDS) — AND

START CONNECTING

How to Avoid Missing Connections.

40 EXCAVATION 101: GOING BEYOND

HAZARD RECOGNITION

How do we as a construction community create such a change?

42 INNOVATION AS THE KEY TO CONSTRUCTION SAFETY

AND EFFICIENCY

Learn about various types of technology and how they help the

construction industry.

44 2018 TAX REFORM: THE BIGGEST IMPACT ON U.S.

BUSINESSES IS THE QBI DEDUCTION

What is the QBI deduction?

46 AN INTERVIEW WITH JAMES BENAM, KEYNOTE SPEAKER

AT THE CONSTRUCTION TECHNOLOGY EXPO 2019

16

Get the low-down on what technologies are out there and how they're changing the workforce.

IN EVERY ISSUE 12 LEADERSHIP SPOTLIGHT 49 WELCOME NEW MEMBERS 49 REFERRAL DIRECTORY

ISSUE 2 | 2019 5

CONTRIBUTORS

ROBERT J. O’BRIEN

EDWARD SEGLIAS

Director of Industry Affairs, GBCA

Associate, Cohen Seglias Pallas Greenhall & Furman PC

Partner, Cohen Seglias Pallas Greenhall & Furman PC

ROBERT JOHNSTON

PAT DeANGELIS Executive Coach and Leadership Development Consultant

KEN GROTHMAN

Vice President, Corporate Solutions, Dale Carnegie

LANCE CLAIBORNE

6 CONSTRUCTION TODAY

VDC Manager, Gilbane Building Company

AMY NOVAK

NANCY DUNLEAVY

TERENCE F. MCGOVERN

Project Executive, Torcon

President, Founder, CEO and Chief Talent Scout, Dunleavy & Associates

Safety Manager, MED-Tex Services, Inc.

JIM MARQUET

STEPHEN SLADE

Managing Director, Graham Company

Tax Director, Wouch Maloney & Co., LLP

Would you like to be a contributor to the next issue of Construction Today?

Contact Lauren Hanan at lhanan@gbca.com or 215-568-7015.

ISSUE 2 | 2019 7

EVENTS 6ABC SEGMENT FILMING: CONSTRUCTION TECHNOLOGIES On Friday, February 15, 2019, GBCA and 6ABC filmed several interviews at the Clemens Construction Company site, Cristo Rey High School. Special thanks to the Clemens Construction Company crews for hosting this film shoot, and keeping all of us safe during filming. Also, thanks to Clemens Construction Company, Superior Scaffold Services and, Gilbane Building Company who were interviewed for the segment and gave great insight into safety technologies!

PHILLIES OPENING DAY On Thursday, March 28, 2019, GBCA’s Construction Leadership Council (CLC) held its annual networking event, Opening Day at Citizens Bank Park. Before going in to see the Phillies play the Atlanta Braves, the CLC held a pre-game happy hour at Xfinity Live.

PAC RECEPTION On Monday, April 8, 2019, GBCA invited the City of Philadelphia’s Council Members, and candidates for the upcoming 2019 election, to meet with GBCA members at GBCA’s office in Center City.

CLC LEADERSHIP SERIES: BUILD TRUST, CREDIBILITY AND RESPECT On Thursday, April 18, 2019, GBCA’s Construction Leadership Council (CLC) held its second workshop in the CLC Leadership Series: Build Trust, Credibility, and Respect. In this workshop, participants learned strategies to build trust between leaders and team members, which in turn can motivate employees to do better and more innovative work. Mike Iorio from Dale Carnegie Training led the workshop, which had participants discussing and working through real life examples and situations.

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GBCA MEMBERS STAND DOWN FOR SAFETY May 6-10, 2019, was National Construction Safety Week and OSHA’s National Stand Down to Prevent Falls in Construction. Falls from elevations continue to be a leading cause of death for construction employees. These stand down events served to remind workers of how to prevent falls, as well as raise awareness about the value of safety culture in construction.

TECH LUNCH & LEARN: MAKING SAFETY TRAINING SAFER On May 7, 2019, GBCA members gathered for a Technology Lunch & Learn: Making Safety Training Safer with Virtual and Augmented Reality. Held at the Carpenters Health & Welfare Fund, the event featured presentations and demonstrations from Shawn MacDonald, Safety Director for Superior Scaffold Services, and Daniel Stein, Product Manager of Virtual Reality for NextWave Safety. The event was moderated by Rob Smith, Supervisor of Instruction from the Carpenters NJ/MD/DC Apprentice Training Funds.

6ABC SEGMENT FILMING: WOMEN IN CONSTRUCTION On Tuesday, May 21, 2019, GBCA and 6ABC filmed several interviews with Action News Reporter and Host Gina Gannon at LOVE Park. The interviews were used in the June 29th Weekend Update segment about women in construction.

Thanks to our interviewees: Layla Bibi from Keystone + Mountain + Lakes Regional Council of Carpenters, Carol Horne Penn from Clemens Construction Company, Inc., Heather Jones from the Local 251, Keystone + Mountain + Lakes Regional Council of Carpenters, Angela McCaffrey from Bittenbender Construction LP, and Mary Kate Radomski from Frank V. Radomski & Sons, Inc.

ISSUE 2 | 2019 9

CLC HARD HAT TOUR On May 23, 2019, GBCA’s Construction Leadership Council (CLC) took a Hard Hat Tour of Fashion District Philadelphia, a Shoemaker/ Skanska Joint Venture project. The tour went through the mall space, and the new movie theater.

Following the tour, the group held a networking Happy Hour at Iron Hill Brewery.

ALEX’S LEMONADE STAND On Friday, June 14, 2019, GBCA’s Construction Leadership Council held an Alex’s Lemonade Stand outside GBCA’s office. Members of the CLC Steering Committee offered lemonade, cookies, pretzels, and pizza to passers-by for donations to Alex’s Lemonade Stand. Thanks to everyone, especially our members, who came and supported our stand. We were able to raise over $475 in just that day alone!

2019 GOLF OUTING On Monday, June 17, 2019, GBCA hosted the 2019 Golf Outing at the Philadelphia Cricket Club. This year’s Golf Outing was not only the biggest Golf Outing of the last 4 years, but it also sold out for the 4th year in a row! GBCA’s Construction Leadership Council also organized fundraising for Alex’s Lemonade Stand at the Golf Outing, bringing our fundraising total to over $3,000, exceeding our $2500 goal!

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2019 SAFETY AWARDS RECEPTION On Wednesday, June 26, 2019, GBCA celebrated the second annual GBCA Safety Awards Reception at Yards Brewing Company. At this reception, we honored GBCA members who received GBCA Project Safety Awards. This year, we recognized 27 projects from 10 member companies that were completed with ZERO OSHA recordable injuries or illnesses during the length of the project.

WOMEN IN LEADERSHIP AEC On July 9, 2019, the AIA/GBCA Joint Committee and COAA (Construction Owners Association of America) hosted a joint event about Women in Leadership Roles in Architecture, Engineering, and Construction. The panel discussed how the building industry has changed for women, and the roles they played in shaping today’s industry. One main takeaway was the importance of mentorship: Strong role models and guides lead to stronger networks and opportunities.

Thanks to the panel of speakers: Marie Barajas, CHC, Project Director, LF Driscoll; Daniela Holt Voith, FAIA, IIDA, LEED AP BD+C, Founding Principal, Voith & Mactavish Architects, LLP; Denise Richards, PE, Principal, Keast & Hood Structural Engineers; Maureen Ward, AIA, Senior Director, Facilities Planning and Space Management, University of Pennsylvania, Perelman School of Medicine; Moderator: Trish Harrington, Director of Business Development, LF Driscoll.

CLC/PEA HAPPY HOUR On Thursday, July 11, GBCA’s Construction Leadership Council (CLC) and AIA Philadelphia’s Philadelphia Emerging Architects (PEA) held a joint networking event at Carpenters’ Hall. Guests mingled and networked, learned about Carpenters’ Hall, and saw sections of the building that are not open to the public, including the attic!

ISSUE 2 | 2019 11

LEADERSHIP SPOTLIGHT Q A Name: Mary Kate Radomski

What is your business motto?

Title: Assistant Project Manager

Be able to adapt to change. We are in a field where, at the drop of a hat, a whole project or schedule could take a turn that requires a quick decision to be made.

Age: 26 Company, City: Frank V. Radomski & Sons, Colmar, PA

Years in field: 3, full time Education: B.A. from Temple University Birthplace: Philadelphia, PA City of Residence: Erdenheim, PA Family (spouse, children): Husband (Sean) and cat (Rocket)

When did you first become interested in your career path?

I grew up around the company, so even though I actually went to college for marketing, I always spent summers working part time in the office. Once I graduated from Temple, I continued working full-time with Radomski & Sons, and realized that I actually really enjoyed what I was doing.

What is the most rewarding part of your job? Least rewarding?

The most rewarding part is seeing the finished product, and seeing Radomski employees and subcontractors work together to safely and efficiently get the job done.

What is your biggest daily challenge?

Waking up — I’ve never been a morning person!

How do you inspire your colleagues?

I hope that I inspire my colleagues by showing that I respect them. I think a little kindness can go a long way.

12 CONSTRUCTION TODAY

SPOTLIGH

EADERSHIP

What goal are you currently striving to achieve?

Right now, I am trying to gain more experience with estimating and project delivery.

What project are you currently working on?

We are currently working on many major projects for petrochemical, pharmaceutical, and telecommunications companies.

Do you have a life motto? If so, what is it?

“No one can make you feel inferior without your consent.”

What’s the most important lesson you’ve learned in your career?

The most important lesson I’ve learned so far is not to take anything personally.

Sometimes everything isn’t going to go exactly how you had planned, and you have to communicate with a lot of different people with a lot of different feelings and personalities. You just need to remember that at the end of the day, it’s useless to dwell on one comment or action.

What was your favorite CLC event?

My favorite CLC event is the Phillies Home Opener.

How do you find that participating in CLC activities benefits you?

Networking is HUGE in this industry, and that is why organizations like the CLC are important. We are a general contractor, so we wouldn’t be anywhere without our subcontractors. Nothing is as important as maintaining strong relationships with your subcontractors, and face time and networking is super important for maintaining old relationships and forming new ones.

Do you have any advice for other CLC members/ young professionals who are looking to advance their career?

See above comment about networking! Additionally, organization is really important.

There are so many aspects that go into this industry, and it is easy to get buried in drawings and papers. Staying organized not only makes your life easier, but the lives of those around you. I also recommend taking advantage of the many professional development opportunities the GBCA and CLC have to offer. You can never learn too much.

What is your favorite thing about being a member of GBCA? My father has been active with the GBCA since before I was born, as was my grandfather before him, so the GBCA has always sort of been part of my life. I was so happy to come on board in my 20s and start participating in the different events the CLC has to offer. The GBCA and the CLC do a great job of showing my generation of construction leaders exactly what it takes to be successful in the construction industry. The wide range of events is great, as well. Events like jobsite walkthroughs give us a hands-on approach to exactly what happens on a jobsite, whereas events like a Phillies game give us an opportunity to network and connect with other CLC members. I didn’t graduate college with a construction-related degree, so the CLC also gives people like me more opportunities to learn about the industry. I have met so many great people through the GBCA, and I am excited to someday connect with the NEXT generation of construction leaders through the GBCA and CLC.

ISSUE 2 | 2019 13

2019 PROJECT SAFETY AWARDS The Project Safety Award program was developed to acknowledge injury-free projects and safe worksites of member companies. This achievement is no small task and requires a dedication that comes from top management down. 2019 proved to be a critical point in this program with 10 members receiving awards from GBCA on 27 sites; this is doubled from last year!

To mark this monumental achievement, GBCA hosted the second annual Project Safety Awards Reception which was held at the member-built Yards Brewing Company.

Owners, members and safety professionals celebrated with pride as their commitment to safe practices was recognized and applauded by their peers and site owners.

The GBCA safety committee strives to be sure every person on every job is committed to safety. From toolbox talks to silica compliance; no issue is too small or too great and is addressed with equal enthusiasm.

All GBCA members are encouraged to join the below listed members and their commitment to safety by applying for a Project Safety Award at gbca.com/safety-award.

Be a part of the GBCA safety wave for 2020!

14 CONSTRUCTION TODAY

2019 RECIPIENTS OF THE PROJECT SAFETY AWARDS BERLIN STEEL, MID-ATLANTIC DIVISION PROJECT: Hyatt Centric General Contractor: Clemens Construction Company, Inc. PROJECT: The Philadelphia Museum of Art General Contractor: L.F. Driscoll Company, LLC PROJECT: Vanguard, Building #35 General Contractor: Turner Construction Company C. ERICKSON & SONS, INC. PROJECT: Linode Corporate Headquarters Owner: Linode, LLC CLEMENS CONSTRUCTION COMPANY, INC. PROJECT: Park Towne Place OWNER: Aimco/ Park Towne Place Apartments PROJECT: Homewood Suites Hotel, 4109 Walnut Street OWNER: Campus Apartments

PROJECT: Thomas Jefferson University Alumni Hall OWNER: Thomas Jefferson University PROJECT: Vantage Surgical Center OWNER: Vantage PROJECT: Virtua Cancer Center, Moorestown, NJ OWNER: Virtua PULLMAN SST, INC. PROJECT: ARIA Condominium Facade Inspection, Stabilization and Hazard Mitigation OWNER: ARIA Condominium Association PROJECT: FCCU Maintenance Fireproofing OWNER: Monroe Energy PROJECT: Boiler #114 Generating Tube Refractory OWNER: Otone Mechanical

L.F. DRISCOLL COMPANY, LLC

PROJECT: Robert Wood Johnson Tower Building Facade Repairs OWNER: RWJBaranabas Health

PROJECT: Abington Toll ReClad Project OWNER: Abington/Jefferson Health System

PROJECT: Bethlehem Sands Parking Garage Repairs OWNER: Sands, Bethworks LLC

PROJECT: The Children’s Hospital of Philadelphia, Ronald McDonald Family Area OWNER: The Children’s Hospital of Philadelphia

SHELLY ELECTRIC CO., INC.

PROJECT: Phillies Perimeter Hardening Project OWNER: Howard Smith, Philadelphia Phillies LIMBACH COMPANY LLC PROJECT: One Logan Square Chiller Replacement OWNER: Brandywine Realty Trust, One Logan Square

PROJECT: University of Pennsylvania – Sub Station #2 OWNER: The University of Pennsylvania SUPERIOR SCAFFOLD SERVICES, INC. PROJECT: The Met Philadelphia GENERAL CONTRACTOR: Domus, Inc. TURNER CONSTRUCTION COMPANY

PROJECT: Philadelphia Mills OWNER: PGW, Philadelphia Mills

PROJECT: Federal Reserve Bank Café Renovation OWNER: Federal Reserve Bank of Philadelphia

P. AGNES, INC.

PROJECT: Virtua Camden Family Health OWNER: Virtua Health, Inc.

PROJECT: 714 Market First Judicial OWNER: 714 Market LLC PROJECT: Lankenau ED Expansion OWNER: Mainline Health PROJECT: Ronald McDonald House Expansion OWNER: Ronald McDonald House of Philadelphia PROJECT: Thomas Jefferson University, Navy Yard OWNER: Thomas Jefferson University Hospital

ISSUE 2 | 2019 15

CLC CONFERENCE HIGHLIGHTS

2019 GBCA TO HOST 2019 CLC LEADERSHIP DEVELOPMENT CONFERENCE GBCA will host the national 2019 CLC Leadership Development Conference, September 11-13, 2019, at the DoubleTree Philadelphia Center City.

The CLC Leadership Development Conference will bring together emerging construction leaders from across the country, and in various construction sectors, to network, learn, and share. Mid-level professionals will have the opportunity to develop their leadership skills and gain information on CLC best practices and how to grow local CLC groups. We hope you enjoy the agenda we have prepared.

We are excited to bring CLC Chapters from all over the nation to the birthplace of America. The conference will be peppered with special Philadelphia-themed touches, including a private reception at Carpenters’ Hall on 9/11, and an opening keynote presentation by Corinne O’Connell, CEO, Habitat for Humanity Philadelphia.

We are featuring several GBCA members throughout the conference. The conference will include panels and presentations on a range of topics including: Drones, Emotional Intelligence, and Diversity in Construction.

In this issue of Construction Today, you will find articles written by those who are contributing to the conference on the topics mentioned above. Read through the pages in this magazine to learn from these experts and get an idea of what they will present at the conference.

We hope to see you at the conference!

CONFERENCE OVERVIEW AGC of America’s CLC Leadership Development Conference brings together emerging construction leaders from across the country in various construction sectors to network, learn and share. Mid-level professionals will have the opportunity to develop their leadership skills and gain information on CLC best practices and how to grow local CLC groups.

16 CONSTRUCTION TODAY

AGENDA Wednesday, September 11, 2019

1:00 PM

3:00 PM

CLC National Steering Committee meeting

3:00 PM

6:00 PM

Registration Open / Information Desk Open

3:00 PM

4:30 PM

CLC Chapter Leadership Forum meeting

5:00 PM

6:00 PM

Welcome Reception

6:30 PM

8:00 PM

An Evening in Historic Philadelphia

(Optional Add-On $25 fee and attendance capped at 100 people)

Thursday, September 12, 2019

8:00 AM

3:30 PM

Registration / Information Desk Open

8:00 AM

8:45 AM

Continental Breakfast

8:50 AM

Flex and Stretch

Philly’s CLC Chairman, Reggie Asare, Skanska USA Building, Inc.

9:00 AM

10:00 AM

Welcome to Philly!

10:00 AM

10:15 AM

Networking Break

10:15 AM

11:30 AM

CLC Best Practices

11:30 AM

12:00 PM

Networking Break

12:00 PM

2:00 PM

Working Lunch – Motivational Leadership

2:00 PM

2:15 PM

Networking Break

2:15 PM

3:30 PM

Technology in Construction: Drones

5:00 PM

7:00 PM

Chapter Hosted Reception

Keynote: Corinne O’Connell, CEO, Habitat for Humanity Philadelphia

Speaker: Robert Johnston, Dale Carnegie

GBCA Member Panel

Lucky Strike – Featuring Philly’s favorite bites and drinks!

Friday, September 13, 2019

7:30 AM

1:00 PM

Registration / Information Desk Open

7:30 AM

8:15 AM

Continental Breakfast

8:20 AM 8:30 AM

Flex and Stretch

Philly’s CLC Chairman, Reggie Asare, Skanska USA Building, Inc.

9:45 AM

Keynote: “Go Beyond Networking: Become a Connector, Not a Collector”

Speaker: Nancy Dunleavy, Founder and CEO of Dunleavy & Associates

9:45 AM

11:00 AM

Emotional Intelligence

11:00 AM

11:15 AM

Networking Break

11:15 AM

11:30 AM

Sponsor Breakdown

11:15 AM

12:30 PM

Diversity & Inclusion: Women in Construction

2:00 PM

4:00 PM

Hard Hat Tour: Penn First @ University of Pennsylvania

Speaker: Pat DeAngelis, EDA Contractors

GBCA Member Panel

(ticketed optional tour)

ISSUE 2 | 2019 17

SPEAKERS

KEYNOTE DAY 1 • Corrine O’Connell, Habitat for Humanity Philadelphia

CLC BEST PRACTICES (MODERATORS) • Casey Kehoe, Revolution Recovery, LLC • Ronald Zawacki, Siemens Industry Inc.

MOTIVATIONAL LEADERSHIP • Robert Johnson, Dale Carnegie | Article on pg. 28 • Introduction by Christina Pasquariello, P. Agnes, Inc.

DRONES • • • • •

Crystal Bennis, LF Driscoll Matt DeBasio, P. Agnes, Inc. Tanner McKim, Gilbane Building Company | Article on pg. 32 by Ken Grothman of Gilbane Brian Wagner, Belcher Roofing Moderator: Mary Kate Radomski, Frank V. Radomski & Sons, Inc.

KEYNOTE DAY 2 • Nancy Dunleavy, Dunleavy & Associates, Matching Missions | Article on pg. 38

EMOTIONAL INTELLIGENCE • Pat DeAngelis, EDA Contractors | Article on pg. 30 • Introduction by Gene Rose, Jr., Armor Masonry Restoration, Inc.

WOMEN IN CONSTRUCTION • • • • • •

Christine Fiori, Drexel University Construction Management Program Iliana Limon, Shoemaker Construction Co. Angela McCaffrey, Bittenbender Construction Amy Novak, Torcon | Article on pg. 34 Karla Wursthorn, TN Ward Company Moderator: Maura Hesdon, Shoemaker Construction Co.

18 CONSTRUCTION TODAY

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PROJECT SPOTLIGHT

Objective The high-profile project required an extensive subcontractor selection process to make sure the goal was understood by all parties to keep the front and side faรงade historically preserved while renovating the rest of the structure and interior.

LARRY ROBBINS HOUSE OF MANAGEMENT & TECHNOLOGY UNIVERSITY OF PENNSYLVANIA 20 CONSTRUCTION TODAY

GENERAL CONTRACTOR P. Agnes Inc. ARCHITECT Studio Joseph ENGINEERS Civil / Langan Engineers Structural / CVM Engineers MEP / Bruce Brooks & Associates

SUMMARY University of Pennsylvania turned to P. Agnes Inc. to assist with preserving the historic building on Locust Walk while giving it a new, contemporary addition. The highly visible building on campus was built in 1913 and designed by Lester Kintzing. No major renovation had been done to the building prior to this project.

The 8,500 square-foot building which had formerly served as a house for fraternities now houses the Jerome Fisher Program in Management & Technology (M&T), the oldest coordinated dual degree program at the University of Pennsylvania. This project, renamed Larry Robbins House was a gift from Larry Robbins, an M&T Program alumnus.

The Larry Robbins House now features a new conference room facing Locust Walk with work lounges on the first and second floors, a firstfloor reception area, several offices and private third-floor rooms with a large space that alternates as a workspace and an event space.

ISSUE 2 | 2019 21

Rear Faรงade Some of the features of the renovation included adding a curtain wall on the north faรงade to give a contemporary esthetic. The addition of windows to the rear faรงade provides natural light throughout the three-story building.

22 CONSTRUCTION TODAY

PROJECT DETAILS P. Agnes was able to preserve an estimated one-third of the original building. The high-profile project required an extensive subcontractor selection process to make sure the goal was understood by all parties to keep the front and side façade historically preserved while renovating the rest of the structure and interior. The P. Agnes team and the University of Pennsylvania interviewed and selected the prime subcontractors from each trade to ensure a quality result in the end.

the University to communicate upcoming weekly activities, solve a particular construction challenge, or just to confirm what was expected at the conclusion of the project. This project was being performed during the school year so the P. Agnes team worked closely with the University and their neighbors to ensure minimal disturbances. All parties were made aware of the construction activities on a weekly basis and the open communication proved to be beneficial.

The exterior brick and limestone façade was retained and cleaned along Locust Walk and in the interior while the ornamental window paneling and the shell of a fireplace and chimney were conserved. Some of the features of the renovation included adding a curtain wall on the north façade to give a contemporary esthetic. The addition of windows to the rear façade provides natural light throughout the threestory building. The staggered, vertical soldier bricks on the exterior were laid in an uncommon fashion but proved to be attractive when compared to the buildings next door - each having a different red brick. The bricks were very narrow/tall bricks at the corners. Since the brick is a cored brick, it had to be mitered to make it work. The masonry contractor was able to create a crisp appearance. The brick is a manganese iron spot brick, held with a dark grey mortar.

At the conclusion of the project, after the certification points were tallied, P. Agnes, its trade partners, and the entire project team, were able to achieve LEED Gold for the Larry Robbins House project.

Rear Façade

The Larry Robbins House now features a new conference room facing Locust Walk with work lounges on the first and second floors, a first-floor reception area, several offices and private third-floor rooms with a large space that alternates as a workspace and an event space.

The space blends the historical façade and look of the surrounding buildings on campus with a contemporary space for students and faculty.

One of the challenges of this project was the narrow job site between two historical buildings on Locust Walk.

The Fraternity House next door is historically certified, meaning any construction activity that touches or alters the Fraternity House had to be reviewed and approved.

The building is “sandwiched in,” proving to be difficult with surveying the adjacent building, making attention to detail important to preserve the historical façade.

An additional challenge the team faced was with the temporary shoring and bracing on the masonry walls.

The steel needed to be designed and installed in a manner that allowed the mason and the carpenter to perform their new work while the temporary steel was left in place. Coordination was key between trades when the new structural walls and floors were installed and finished. The challenge came when removing the bracing in a way that would not disturb the new work.

Quality control and safety were important aspects when coordinating these efforts.

Communication on this project was essential for all parties involved because of the historic preservation, and challenges that arose because of it. Weekly meetings were held with P. Agnes, the design firms and ISSUE 2 | 2019 23

PRIMARY ELECTION RE-CAP AND NOVEMBER OUTLOOK REPORT

BY LANCE CLAIBORNE, DIRECTOR OF INDUSTRY AFFAIRS | GBCA

Primary elections are quickly becoming polarizing events with increasing levels of combative rhetoric clogging the media airways. No matter where you stand personally, your company and our industry cannot afford to turn a blind eye to elections that determine the individuals that will occupy seats in the halls of power.

Every industry is always susceptible to increased taxes, reduced incentives and punitive laws that can quickly alter future prospects of growth. Locally we have seen increased fees for construction related permits, attempts to levy taxes on development and efforts to eliminate the tenyear tax abatement. Based on a Jones Lang LaSalle study completed for the city in 2018, the abatement can reduce the present value of build costs by 12%-14% (Jones Lang LaSalle Americas, Inc, 2018). For commercial construction projects, a double-digit swing in cost can either greenlight or tank a proposed project. It’s because of both threats and opportunities that GBCA commits substantial resources to understanding and when necessary, influencing the electoral process. The May 2019 Primary was no different and below you will see a quick recap of the results from the Philadelphia Mayoral and City Council Primary elections and the implications for the construction industry.

Mayor Jim Kenney will serve another 4-year term unless a historic Republican upset takes place. Mayor Kenney captured nearly 67% of the vote in the primary against current PA State Senator Anthony Hardy Williams (24.3%) and former City Controller Alan Butkovitz (8.75%). Mayor Kenney has been a strong supporter of the development industry. Thanks to his leadership, his administration was 24 CONSTRUCTION TODAY

instrumental in securing additional money to support the Affordable Housing Trust to hold off the proposed Construction Impact Tax last year. We look forward to working with him to ensure our City continues to see job growth and create inclusive growth for all Philadelphians.

All seventeen seats in City Council were up for re-election (ten district seats and seven city wide at-large seats).

Five of the seven at-large seats will be earmarked for the majority party while two of the seven must be reserved for the minority party. In the City of Philadelphia, Democrats outnumber Republican voters 4:1. Meaning five at-large seats will be occupied by Democrats with the remaining two earmarked for Republicans.

All of the District Councilmembers won their primaries and are expected to return for another 4-year term except Councilwoman Jannie Blackwell who lost her re-election bid to newcomer Jamie Gauthier. Gauthier graduated from Central High School, earned an accounting degree from Temple and a Masters in Urban Planning from the University of Pennsylvania before serving as the Executive Director of the Fairmount Park Conservancy and also ran LISC Philadelphia. Gauthier will become the new councilwoman for the 3rd Councilmanic District which includes University City – a very important area for commercial and institutional development. Councilwoman Blackwell and the Blackwell family have presided over the revival of the 3rd District neighborhoods for the better part of 4 decades. We most recently partnered with the Councilwoman on our Annual MLK Day event with the KML Carpenters as well as the PennAssist program at

the PennFirst Hospital project to provide a pathway to apprenticeships for Philadelphia School District CTE graduates.

Ten-term Republican Councilman Brian O’Neill won his primary but will face a tough general election in November against Democratic challenger Judy Moore.

This race will likely be the most watched district City Council race in November.

Much of the attention during the primaries was focused on the City Council-at-Large races, where nearly 30 Democrats lined up for their shot at five At-Large seats currently held by Democrats. Two of those five seats will be vacated at the end of the year by retiring Council Members Blondell Reynolds-Brown and Bill Greenlee. When the dust settled after the primary, AtLarge Democrat incumbents Allen Domb, Derek Green, and Helen Gym will be joined by millennials Katherine Gilmore-Richardson and Isaiah Thomas on the ballot for Democrats in November. Both At-Large Republican incumbents Al Taubenberger and David Oh faced a tough primary from challengers Dan Tinney (Steamfitters Local 420 member), Matt Wolfe, Bill Heeney, Drew Murray and Irina Goldstein. Only the top two finishers in November will occupy a seat in January 2020.

As November approaches, we will continue to monitor the close races to identify opportunities to further advance our industry objectives and to ensure that we uphold the standard of excellence in building.

ISSUE 2 | 2019 25

CONTRACTOR OBLIGATIONS IN THE DESIGN ASSIST MODEL

BY EDWARD SEGLIAS, PARTNER + ROBERT J. O’BRIEN, ASSOCIATE | COHEN SEGLIAS PALLAS GREENHALL & FURMAN PC.

In the traditional “design-bid-build” project delivery system, a project owner sometimes engages a construction manager or contractor during the pre-construction phase to consult and provide insight regarding costs, sequencing, scheduling and constructability issues. After completion of the initial design phase, the construction documents are published and then provided to subcontractors for review and bidding.

But in the ever-evolving world of construction contract risk shifting, a new concept is taking root. In the “design assist” approach, the project owner assembles a construction team during the design phase to collaborate with the architect or engineer in an effort to minimize design issues during the construction phase of work. Trade contractors become active participants in the development of plans and specifications.

Supporters of this approach believe, in the long run, it improves value on a project by taking advantage of contractors’ respective specialties and facilitating better constructability, more efficient scheduling, and fewer RFI’s and change orders. Sounds good, right? Maybe not.

From a legal standpoint, early collaboration among the owner, architect, engineer, and contractors raises knotty questions about who is responsible – and ultimately liable – for design problems that reveal themselves during the construction phase of a project. While a contractor may reasonably expect that any changes proposed by the contractor and approved during the design assist process by the project owner and designer(s) would insulate the contractor from second-guessing at a later 26 CONSTRUCTION TODAY

time, this expectation is not necessarily true. Instead, the advanced input by contractors may expose them to liability for design errors that someone believes they should have caught.

For the last century, since the seminal case of United States v. Spearin, 248 U.S. 132 (1918), it generally has been accepted throughout the construction industry that the project owner impliedly warrants the adequacy of the design plans and specifications. Under this rule, liability arising from defective design is borne by the owner. The Spearin doctrine, as it is known, holds that if a contractor is required to perform work on a project in accordance with plans and specifications prepared by an owner or owner’s representative, then the contractor is entitled to rely on the plans and specifications and is not, in the end, liable for design defects. More precisely, “insertion of the articles [in a contract] prescribing the character, dimensions and location of the [contractor’s work] imported a warranty that if the specifications were complied with, [the contractor’s work] would be adequate.” Spearin, at 137.

In Pennsylvania, the case of Bilt-Rite Contractors, Inc. v. The Architectural Studio, 581 Pa. 454 (2005) similarly holds that where a design professional prepares plans and specifications on a project, a contractor is entitled to rely upon the design documents in submitting its bid and performing its work. In fact, under the Bilt-Rite case, if the design plans and specifications are defective in a material way, the contractor who relied upon them may sue the design professional, even without a direct contract.

Most courts have adopted the Spearin reasoning, but there are exceptions. For example, in 1907, the Texas Supreme Court held in the case of Lonergan v. San Antonio Loan & Trust Co., 101 Tex. 63, 104 S.W. 1061, that the contractor was liable after a building collapsed due to defective design documents. In Lonergan, which has yet to be expressly overturned, the Texas court dismissed the notion that the owner impliedly warranted the design plans and specifications and ruled that, when defective plans and specifications lead to damages, the contractor bears the risk of loss.

Historically, responsibility for defective design has been attributed to the owner and designer so long as the plans and specifications in question are primarily design in character (as opposed to performance). As design assist becomes increasingly common, could contractors hired to consult during preconstruction inadvertently waive or disclaim the project owner’s implied warranty of the plans and specifications?

In the recent case of Coghlin Electrical Contractors, Inc. v.

Gilbane Building Co., 472 Mass. 549, 36 N.E.3d 505 (2015), Massachusetts’ highest court considered this question. The case was on appeal after the trial court initially determined that a contractor, who provided design assist services during preconstruction, was later not permitted to bring a claim against the owner when problems arose due to alleged design deficiencies. Notwithstanding the Spearin doctrine, the trial court found that the contractor’s early role in assisting with development of the plans and specifications acted to waive the owner’s implied warranty.

Looking to the specific contract provisions in Coghlin, the court determined that the language supported, rather than waived, the owner’s implied warranty. The contract stated that, “[the Contractor] shall consult with [the Owner] and the Designer regarding the selection of materials, building systems and equipment, and shall recommend alternative solutions whenever design details affect construction feasibility, schedules, cost or quality (without, however, assuming the Designer’s responsibility for design) and shall provide other value engineering services to [the Owner][.]” (emphasis added). The contract also stated that the designer “shall decide all questions which may arise as to the interpretation of the [design] and as to the fulfillment of this Contract on the part of [the Contractor].” Because, under the contract, the owner and designer maintained authority over design, the owner’s implied warranty would remain effective.

Unlike “pay-if-paid” or indemnity contract language, which have produced a long and predictable body of case law in virtually all states, design assist provisions are not standard in today’s construction industry and have not yet developed a consistent interpretation by associations such as the American Institute of Architects (the “AIA”) or by courts that have addressed the issue. The Coghlin decision emphasizes the importance of contractors negotiating language in their contracts that clearly defines and delineates responsibility for design. Indeed, contractors and subcontractors must be careful to ensure that ultimate authority over the plans and specifications remains with project owners and their designers, and that contract language expressly reserves contractors’ rights to protection against, and exclusion from, design errors.

But on appeal, the Supreme Judicial Court of Massachusetts reversed, holding that a contractor’s involvement performing design assist services during preconstruction did not disclaim the owner’s implied warranty with respect to the plans and specifications. The court stated that, “although [the contractor] undertakes significant design-related obligations, there is no express abrogation of the implied warranty.” Coghlin, 36 N.E.3d at 515.

Certified Contractors, Resources, and Education for All Interior & Exterior Glass Applications Resources: Interior Glass Guide Specification Project Case Studies Devil’s Details Technical Articles Lunch-and-Learn Programs

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info@theagi.org | 215.825.1422 |

ISSUE 2 | 2019 27

MOTIVATIONAL LEADERSHIP

BY ROBERT JOHNSTON, VICE PRESIDENT, CORPORATE SOLUTIONS | DALE CARNEGIE

Look back on the past month or so and try to recall the times you were frustrated, aggravated or stressed out. It’s probably not very hard, they tend to stick out in our memory. Now, how many of those frustrations are related to someone else not doing what was promised or expected? You were very clear in explaining what needed to get done, they just didn’t do it! Ugh! Wouldn’t it be great if we could get people to just do what we want them to do? Wouldn’t life be so much easier?

There are really only two ways to get someone to do something.

One way is to use your authority or power to compel them to do it. This is often easier and more efficient, but we often end up gaining ‘compliance’ instead of cooperation. A good example of this is when we drive past a speed limit sign driving 9 miles per hour over the limit. We understand the expectation, but we don’t fully cooperate. Instead, we come close enough that we won’t get caught. When managers use authority alone to lead their teams, they can expect a similar response. People who are compelled to do something often ‘go through the motions’ and do just enough to not get in trouble.

The second method is more difficult, less efficient but much more effective: Motivate the other person to want to do what needs to be done. When people do things because they want to do it, they tend to do a better job. They are much more likely to exceed your expectations, and they will do it with a positive attitude.

28 CONSTRUCTION TODAY

So how do we motivate people to want to do something?

In Dale Carnegie’s classic book “How to Win Friends and Influence People,” the title gives away the secret to motivational leadership. If we want to influence people, we must first earn their trust and respect. We can only influence people when they grant us permission to do so, and they will only give us permission when they trust us, respect us, view us as credible, and know that we have their best interests in mind. The first nine chapters of the book describe principles designed to help us build relationships on a foundation of trust and mutual respect.

Of these nine, some would argue that principle #4 is the key, “Become genuinely interested in other people.” This is not always easy! Notice the word ‘genuinely.’ This means ‘acting interested’ won’t work. We must ‘become genuinely interested.’

So how do we do that? Well, think about the other things in which you are ‘genuinely interested.’ It could be a sports team, a hobby, a non-profit, your friends and family. How do you express ‘genuine interest?’ For one, you probably know a lot about the topic or person. The more you know about a topic, or person, the more interesting they become. So, a good first step is to learn as much as you can about the other person. Where did he grow up? Where did she go to school? What hobbies or interests does she have? What do you have in common? If you take the time to ask a few questions, you may be surprised by how much you have in common. Powerful relationships can be built on seemingly tiny points of common interest such as the fact that you were both in the marching band, you both like the same sports team, or you have a similar hobby. This one simple

act can help you build a positive professional relationship based on trust and mutual respect – and you may even make a friend or two in the process!

Now that we have that foundation of trust and respect, how do we motivate others? Well, what motivates people? The most common response is ‘money.’ This may be true to a point, but if we don’t have the authority or ability give someone more money, we will need to find another way. The more accurate answer is “it depends on the person.” One person may be motivated by personal success and recognition, another person may be motivated by doing what’s best for the team, and another may be more interested in simply ‘doing the right thing.’

Our challenge is to understand the other person’s values and keep them in mind as we are attempting to motivate. Please note that we are not trying to manipulate someone into doing something they don’t want to do. We are simply trying to align what we are asking them to do with the values that drive them.

By doing this we create a “win-win” situation for us and the for other person How do we know what the other person’s values are? We ask them! In this case we are asking “value-based” questions. A “value-based” question is a little more thought-provoking than the questions we were asking earlier. A few examples might be, “if you could choose a different path after high school, would

you? What would it be?” or “Who has had a major impact on your life? Why?” or “If you could give your younger self some advice, what would it be?” If we listen closely to their answers, we will discover their “defining values.” If we can align what we are asking the person to do with their defining values, they will be motivated to do it, and they will do it well! On the other hand, if what we need done is in direct conflict with their values, we might want to look for someone else to do the task. The truth is, motivation comes from within. As leaders, our goal is to make it easy for people to get the job done, while remaining true to their core values.

For more details on how to make motivational leadership work for you, please join me on Thursday, September 12th at the CLC Leadership Development Conference in Philadelphia. In our interactive workshop you will practice asking value-based questions and uncover another person’s defining values. You will also learn how to align organizational objectives with an individual’s values. I look forward to seeing you there!

FROM CONSTRUCTION ZONE TO COMFORT ZONE: HOW EMOTIONAL INTELLIGENCE WILL TRANSFORM YOUR BUSINESS

BY PAT DeANGELIS, EXECUTIVE COACH AND LEADERSHIP DEVELOPMENT CONSULTANT | EDA CONTRACTORS

For far too long in the construction industry, emotions were left in the truck never to be brought onto the job site. Sharing your feelings with your foreman? Not likely. Showing vulnerability in front of the crew? Forget it. Crying on the job? Never. However, with a looming skills gap crisis, an aging workforce and one of the highest rates of injuries and substance abuse, the very thing this industry has stifled all these years has the incredible ability to transform it.

Emotional intelligence (EI), a notion that started to trend in the late 90s, can be defined as the ability to understand and manage your own emotions and those of the people around you. It’s the awareness that emotions can drive our behavior and impact those around us whether positively or negatively. And the crux of EI is learning how to manage those emotions especially when under pressure.

Soon after EI’s scholarly inception, business leaders across various industries realized its effectiveness for motivating and energizing a workforce leading to enhanced employee engagement and retention, better business outcomes, and positive effects on the bottom line. These factors and more made EI critical to leadership training and desired skills sets.

At the core, being an emotionally intelligent leader means being acutely self-aware - knowing what you’re feeling, what your emotions mean and how these emotions can affect 30 CONSTRUCTION TODAY

other people. It’s been proven that emotionally intelligent leaders communicate better, manage difficult situations more successfully, are better at encouraging and engaging teams and are more prone to be solution-focused.

CONSTRUCTING A CULTURAL SHIFT By its very nature, the construction industry is a breeding ground for conflict. Client pressures, team members’ personalities, grueling physical labor, looming deadlines, weather and safety concerns all add up to a perfect storm. Learning how to resolve conflict and elicit collaboration is an essential skill in an industry that relies so heavily on teams and interpersonal relations. Yet, developing a supportive workplace culture and critical leadership skills like emotional intelligence have been largely overlooked in the construction industry.

In 2016, Ed DeAngelis, CEO and founder of EDA Contractors, a commercial subspecialty construction company headquartered in Bensalem, Pa., recognized this growing need for a serious culture shift in the industry. More than just instituting superficial culture initiatives, he became committed to creating a psychologically safe culture born of respect and care, an environment that supported employees both on the job site and off. Ed believed this could have transformative effects on not only his business but the entire industry.

To advance his vision, Ed hired leadership consultant (and his aunt) Pat DeAngelis, who had experience creating psychologically safe cultures and developing emotionally intelligent leaders.

The first initiative was to conduct an organizational assessment. Key themes extracted included: • the need for better communication across all departments • closing the gap between the office and the field • hiring more and better trained staff • and most critically, a greater sense of appreciation for roofers Together, Ed and Pat used this insight to develop a comprehensive plan and culture roadmap for positive change at EDA. Similar to installing metal panels or laying up a roof, emotional intelligence is a learned skill, so it was critical that the plan was rooted in workforce education. All 70-plus EDA leaders were provided specific and individualized emotional intelligence skills training, coaching and leadership development. These sessions included one-on-one coaching and small team group coaching that provided a place for self-reflection and risk taking, along with the support to transfer their newly learned skills to the job site. Each leader was also asked to complete an EI assessment and create an EDA Success Plan that delineated their goals and behavioral change commitments. Leaders continue to be trained on a quarterly basis.

While the investment of time, resources and money is significant, the return on EDA’s cultural and emotional intelligence initiatives have been substantial and continue each day. Over the last five years, there has been a 111 percent increase in annual revenue, the company’s footprint has grown across five states, productivity has increased, safety has improved, and most importantly, the company has been able to tap into the immense

talent and potential of employees to boost overall engagement and satisfaction. EDA employees consistently share that they love coming to work each day.

What started out as a vision and belief on a better way to run a business has resulted in employees taking deep dives into their own lives, realizing their self-worth and becoming leaders both inside and outside of work. Statements like, “I just wake up better now. I don’t have the anxiety about coming to work that I used to have,” and “I started out as a loser but now I am a leader in this company,” are a just a few of the many positive employee sentiments from the program.

EDA is justifiably proud of its unrelenting commitment to focus on what matters most to any company: its people. Embracing a true culture that makes employees feel heard, valued and safe hinges on the extraordinary promise we have to all of humanity.

And it’s the shared belief that EDA’s model can be replicated to transform the construction industry and every industry in between.

ISSUE 2 | 2019 31

DRONE PILOTS BRING EFFICIENCIES TO PROJECTS

BY KEN GROTHMAN, VDC MANAGER | GILBANE BUILDING COMPANY

As drone technology gains more traction within the construction industry, Gilbane Building Company has prioritized using drones into its daily operations. These Unmanned Aerial Vehicles (UAVs) – more commonly referred to as drones – can help project teams track progress, save money, and improve project quality. With the proper software and tools, a licensed drone pilot can bring huge efficiencies throughout a project from prebid inspection through job completion.

TIME Likely one of the biggest benefits of using drones is the speed with which they capture data.

Essential tasks that once took several days can now be done in just a few hours. For example, the drone can capture an area of 10 acres in about 20 minutes with an image resolution of 1 inch/pixel. In contrast, a typical survey would take much longer to cover the same area and come nowhere near to that level of detail.

COST All good projects need a quality estimate, and contractors look for different solutions on projects that can help them be competitive. The use of drones can give estimators a different look at a project by quickly creating high-resolution orthomosaic maps, 3D models, point clouds and elevation mapping before a proposal is even created. With this drone imagery and data, estimators can accurately calculate material volume needed 32 CONSTRUCTION TODAY

(for both fill and removal,) equipment needs, and other project expenses. Bidding becomes more accurate and competitive, and the low cost of the drone flight is quickly recovered through the value of a higher quality bid.

PLANNING Before ground is even broken, drones can provide detailed aerial views of the proposed construction site to use for logistics and production planning. They can give varying perspectives of building structures, for example a roof, that owners or project teams might want to see. Other uses include land surveys, thermal imaging, and laser scanning. Drone photos can also be used to create 3D models within a BIM application. A succession of aerial images can be turned into a time-lapse video or GIF for teams to review and study. Opportunities for change and improvement can be made by analyzing these different perspectives.

PROGRESS DOCUMENTATION Drone photography can also give a unique perspective of a project. These photos have excellent depth and provide better quality at a much lower price than other aerial photography. The turn-around time is also much shorter. With sharp photos and rapid access, near real-time information on a project’s progress can be obtained. These photos are also easily shared with both remote owners and team members.

MITIGATING HAZARDS Another benefit of drone usage is improved project safety.

Certain jobsites have areas that are difficult or dangerous to access, and drones provide a less hazardous way to inspect those spaces. Roofs, facades, infrastructure and other areas that are unsafe and/or impossible to access, can be quickly inspected by Virtual Design & Construction teams.

Detailed photos can pinpoint potential problem areas and advanced planning will mitigate both safety and logistics problems. Drones can also carry equipment, medical aid, food and water to workers that may be trapped in a risky area, sustaining them until a full rescue is possible.

with the architectural design model, revealing a deviation of only a few inches. This service greatly benefits customers with a less time-consuming data capturing process than previously available. It allows building teams to quickly validate design decisions and plan adjacent to existing conditions at a level of detail higher than ever before.

With the expanded innovation that drones offer, Gilbane recognizes the benefits of having licensed drone pilots on staff. A licensed drone pilot offers not only the training, skills and experience to fly safely, but is also covered by insurance for drone flights. The process for getting a drone license includes studying for and passing the Federal Aviation Administration (FAA) exam. Knowledge is tested in the following areas: • Regulations relating to privileges, limitations and flight operation • Airspace classification, operating requirements and flight restrictions • Aviation weather sources and effects of weather on small unmanned aircraft • Small unmanned aircraft loading and performance • Emergency procedures • Crew resource management • Radio communication procedures • Determining the performance of small unmanned aircraft • Physiological effects of drugs and alcohol • Aeronautical decision-making and judgment • Airport operations • Maintenance and preflight inspection procedures Currently, Gilbane Building Company has over ten licensed and insured drone pilots, with more on the way. With the ability to highlight the progression of site activities through high-quality visual aids, successfully track progress against the schedule, and validate multi-million dollar progress payments, the use of drones in the construction industry is continuing to flourish.

Case Study: A Gilbane VDC team member recently flew a drone around a 6-story hospital building in the greater Phoenix area to capture all elevations and surfaces of the building’s exterior.

In about 15 minutes, they captured more than 100 photos from all different altitudes of the building. These photos were then loaded into a software program that processes the images and creates a 3D point-cloud model. This model was then integrated

AUTHOR BIO Ken Grothman is a VDC Manager that leads Gilbane Building Company’s BIM planning efforts between owners, designers and general contractors. With a Masters of Architecture as well as onsite experience as both a VDC Engineer and a Project Engineer, Ken’s knowledge improves the preconstruction efforts that drives value for project teams during the construction phase.

He is a subject matter expert in Reality Capture, including laser scanning, drones and photogrammetry that allows dimensionally accurate, existing conditions be brought into the BIM platform to enhance coordination efforts. Ken enables BIM services for a wide range of verticals including Mission Critical / Data Centers, Healthcare, Education and high-end Corporate for Gilbane’s Western region.

HOW THE CONSTRUCTION INDUSTRY IS CLOSING ITS GENDER GAP

BY AMY NOVAK, PROJECT EXECUTIVE | TORCON

Now more than ever, companies are being founded, led and managed by women. We’ve made great progress – even as recently as 20 years ago, it would have been less expected to see women in positions of power. But despite the tremendous strides of gender equality in business, there are still a number of industries that continue to have imbalance. Construction, however, is a great example of a space where women are defying the odds in what is still a male-dominated industry.

According to the National Association of Women in Construction, women currently make up 9.1 percent of the construction industry in the United States. Though that may seem small, of that 9.1 percent, 31 percent of women work in the professional management sector of the business. The industry gender pay gap is also considerably narrower – the U.S. Bureau of Labor reports that women earn on average 95.7 percent of what men make in construction, compared to the 81.1 percent national average.

As a woman who has been in the construction business for nearly 25 years, I’ve seen the industry grow and change in many ways. When I first started in the field in my early twenties, I surprisingly felt more at a disadvantage because of my age rather than my gender. When I joined Torcon at 34, I was empowered knowing that with each new project, there was opportunity for me to grow within the company and for more women to have a seat at the table.

34 CONSTRUCTION TODAY

I’ve seen that as more women obtain leadership roles in other industries, construction has paralleled, and being a woman in the industry has become – in my opinion – an advantage.

At our firm, we have entire teams made up of female estimators, project engineers, business development managers and more. I have had mostly positive experiences throughout my career with the people I’ve worked with, and was fortunate to have male mentors to push me to my full potential and encourage me to pursue opportunities throughout the field.

In order to continue to encourage more women to pursue a career in construction, I believe it’s important to get past the perception that construction is only a man’s business. Most women are not exposed to the construction industry unless they know someone who works in construction. Typically, the person they know is a man. One way to address this is through diversity in education.

According to a 2016 study by Louisiana State University, the number of women undergraduates studying construction management has remained stagnant over the past 10 years, while the ratio of graduate-level students has skewed increasingly female. When I was in school, construction management was not available as a course of study, but there are now multiple programs throughout the nation.

In Philadelphia alone, several universities now offer construction management degrees, including Drexel University, Temple University, Community College of Philadelphia and Thomas Jefferson University, among others. Many of these programs also offer professional development opportunities for students, which are incredible ways for them to get their foot in the door at construction firms.

Another misconception about the construction industry is that the professions revolve around manual labor. While these jobs are a vital part of the construction field, there are many positions that are managerial and business-focused.

For example, though the end product of our work at Torcon is a building – ranging from hospitals to universities – there are some days I don’t even look at a project drawing. The construction business is

a people business, and like many other industries, a crucial part of being successful means having a great work ethic and building strong relationships.

I am proud to be among the many talented, smart, and empowered women in this industry, and I know the outlook is bright for more diversity in our line of work. While more women in construction have started to move into leadership roles, I look forward to seeing more young female job applicants come through our doors.

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ISSUE 2 | 2019 37

STOP COLLECTING (BUSINESS CARDS) — AND START CONNECTING

BY NANCY DUNLEAVY, PRESIDENT, FOUNDER, CEO AND CHIEF TALENT SCOUT | DUNLEAVY & ASSOCIATES

The future is coming: things change and technology changes faster. It’s tempting to take the sideline approach to change — sit by the side of the road and wait for the change to happen or, you can be less reactive by embracing the inevitable change by becoming knowledgeable about what’s to come. With an inquisitive mindset you will benefit greatly from building relationships with thought leaders in your field. Develop an appetite for calling someone who you heard speak at a conference or who wrote an article in a trade publication — to acknowledge the impact that their work has made on yours – and to ask clarifying questions.

Being proactive about how you view the future, eagerly not resentfully, will put you in the mindset of being a connector, being intentional about what you need and about what you have to offer. Taking action, not waiting to react.

The act of networking feels unnatural — why? Probably because it feels transactional not relational. When did networking become a verb, anyway? It’s not. Connect, however, is a verb. (I know, I looked it up.) Oxford defines connect as, “bring together or into contact so that a real or notional link is established.”

That’s what you want to be — a connector of people who can help each other, not a collector of business cards or LinkedIn connections.

38 CONSTRUCTION TODAY

I firmly believe in the power of the “connector”. Bestselling author Malcom Gladwell describes a connector as someone who seems to know everyone and is able to zero in on the needs of one person and connect them to another who can meet that need. If you can behave like a connector — someone who is intent on making connections and connecting people you will never feel like someone who “leverages” their network. People want to do business with people that they trust so we must never take for granted the humanity in our relationships whether business or professional.

In your world of construction seek out architects and engineers who seem to see things differently and ask them “why?” By surrounding yourself with those who think differently, you will never stop learning. The best way to learn is to “exercise that ask muscle” and be deliberate in doing so. How will we know what people need if we don’t ask them? How will we get our own needs met if we don’t speak up? You may be unsure of how to even begin or how to meet those different than you in a world where we are drawn to those like us. It can be as simple as a smile to a stranger or reaching out to an old acquaintance you haven’t spoken to in years. These connections will be some of your most important. After all, we were all strangers at one point.

How to Avoid Missing Connections: 1.

Look people in the eye. People who open doors for you, serve your meals and take your payments at cash registers.

Ask them their names. Make them feel as important as they are.

2. Remember that people have connections that extend past the network you are aware of. To really do this right you have to be a bridge to all of the worlds in which you have your feet. Learn more about those around you and what is happening in their lives.

3. Be curious and dig deeper. Not everything is what it first appears to be. Sometimes when you dig a little deeper you can see that the solutions to problems may be completely different from what initially asked for.

4. Don’t be afraid to say, “I don’t know”. You may not know something initially, but you do know how to find out.

5. Don’t be afraid of “the ask”. Listen to the asks made of you by others and ask when you need help. By being more present when with others you can make way for the invitation. Because honestly it doesn’t take that much time to help or be helped.

6. Follow through, period. Relationships are important and you have to do what you say you will do to gain the trust of those around you.

7. Recognize that it’s not who you know but who knows you. Open up to those around you and be present in each conversation.

8. Start Exercising your “ask muscle” daily. For some it will take a great deal of practice, and like any out-of-shape muscle, it’s not always easy at first. Making little asks each day can help your muscle grow stronger and help you make very valuable connections along the way. Oh, and it feels really good to help others so ask someone you’ve just met, “What can I do to help you?”

For more on this subject, consider reading “Exercise your Ask Muscle,” available on Amazon. And, if you want to see this theory in action, join the Construction Leadership Council as they take a deeper dive into “Beyond Networking… become a connector, not a collector” at their fall national Leadership Development Conference, hosted at the DoubleTree by Hilton on Broad Street.

ISSUE 2 | 2019 39

EXCAVATION 101: GOING BEYOND HAZARD RECOGNITION

BY TERENCE F. MCGOVERN, SAFETY MANAGER | MED-TEX SERVICES, INC.

In June 2019, while providing safety consultation services to a local plumbing contractor, an overwhelming gut feeling came to fruition. The task was to excavate a residential street in Philadelphia to replace a sewer service. The crew began in the early morning with jack hammering and backhoe operations.

As the day grew long, the depth of the excavation grew beyond fourteen feet; the expectation was to locate the sewer line estimated at ten to twelve feet deep. After many hours, the sun began to set and unfortunately, the task went unfinished as the job was terminated for safety purposes.

This particular undertaking confirmed a major deficiency among many contractors…hazard recognition. Understanding the age of the City of Philadelphia has a direct correlation with many sewer replacement projects. A majority of the sewer systems were installed 30, 40 or even 50 years ago. Over time, many sewers sunk or disappeared many feet below the original installation.

An example occurred on Saturday, January 9, 2016 when a worker was trapped in an excavation collapse under Market Street in Philadelphia, PA . An unrecognized caveat to this near tragic incident was the SEPTA Market-Frankford Line was located a few feet below the excavation. The vibrations of two trains, one moving east and one moving west proved to be a significant factor in the underlying root cause of the collapse.

This significant oversight should have led those involved in planning to a better strategy and safer outcome. The worker was rescued by the Philadelphia Fire Department – Rescue One three hours later. He is one of the lucky ones.

40 CONSTRUCTION TODAY

On Friday, August 17, 2018 just before noon, a worker was accidentally killed in a trench collapse in the East Oak Lane section of Philadelphia, PA . Philadelphia Fire Commissioner, Adam Thiel stated "Upon our arrival, our units found some folks reporting that there was a missing contractor in a trench that we estimate - and I emphasis estimate - to be about 15 feet deep and about 45 feet long, adding “That trench had refilled with dirt already by the time we got here."

This heartbreaking incident lasted almost eight hours while the family held a vigil praying for a good ending. That optimism became disheartened as the lifeless body of the victim was discovered as the sun set at 8:32 p.m.

Such events are not inherent to the City of Philadelphia. On June 5, 2019, a worker replacing a sewer in Uwchlan Township, Chester County was trapped up to his waist in a trench collapse and rescued three hours later. He is also one of the lucky ones.

These events, good outcomes or bad, rely on the 9-1-1 system.

That idea in itself is a solid concept; however, industrial incidents, such as, excavation/trench collapses are considered technical rescue. No matter how quick, they arrive, suffocation does not wait.

Large municipalities and county governments prepare their first responders for tragic “Acts of God” emergencies, residential and commercial fires, motor vehicle accidents, etc. Our emergency responders, by default, receive training for these and many other catastrophic events created by contractors that do not prepare themselves or consider their lack of planning causing potential devastations.

On April 1, 1979, President Jimmy Carter signed the executive order that created the Federal Emergency Management Agency for disaster services to train our emergency responders for events such as 9/11 and other natural disasters.

Further, (“OSHA”) Directive CPL 2.87 , is an effort to establish inspection procedures and provide clarification to ensure uniform enforcement of the excavation standards. This directive was canceled in 1987 and replaced by Directive CPL 02-00-087 in February 1990. As we approach the 30th anniversary of these directives, we as a construction community are witnessing a vast increase in excavation/trench fatalities.

These awful incidents will continue to transpire without a systematic change in our construction community. The much needed paradigm shift must not be left to common sense digging practices.

How do we as a construction community create such a change?

The idea is not to reduce industrial incidents such as trench accidents, but to eliminate them all together.

Our local government impose means and methods to their excavation permit services by placing fees on contractors that “dig” in our cities and county streets. Regrettably, these fees come without safety knowledge and training.

when applying for and receiving a digging permit? Of course, this is above and beyond the 8- 1- 1 notification.

All contracting companies requesting an excavation permit should be required to provide their qualifications prior to receiving their permit. Contractors not filing for a permit, must be sought after, documented, educated and trained.

A positive approach will be held in October 2019. OSHA Philadelphia Office is hosting a Trench Safety Stand Down. A week long program to turn the tide. So between now and then, we need to engage with of our local government to begin the process, a new approach, in the issuance of excavation permits.

We must convince our officials to understand the fatal facts we face and perhaps they will be willing to lead the nation in safe digging practices.

We all know the phrase “Ashes to ashes, dust to dust”. Fast forward, thousands of years and we still use this phrase.

Current day contractors and plumbers are expediting the process of becoming ashes by poor excavation practices. We, as a construction community, owe it to the families of those who lost loved ones in trench collapses here and across our nation, to eliminate future fatalities and catastrophic events.

What if contractors had to produce “excavation competence”

BUILDING SUCCESS

PENNSYLVANIA NEW JERSEY NEW YORK ATTORNEYS AT LAW

www.cohenseglias.com

DELAWARE WASHINGTON, DC KENTUCKY

INNOVATION AS THE KEY TO CONSTRUCTION SAFETY AND EFFICIENCY

BY JIM MARQUET, MANAGING DIRECTOR | GRAHAM COMPANY

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Innovation is the key to making progress, regardless of industry. In the construction industry it is especially vital in terms of improved safety and increased efficiency.

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42 CONSTRUCTION TODAY

Innovation is the key to making progress, regardless of industry.

In the construction industry it is especially vital in terms of improved safety and increased efficiency. Let’s dive into a few of the latest technologies and innovative processes poised to impact the industry and become mainstays on job sites in 2019 and beyond.

VIDEO AND RADAR Heavy equipment operators face many risks on construction sites, including the potential for striking or injuring workers.

Recently new video and radar systems have been introduced to help decrease this risk. Using this technology, operators gain 360-degree visibility, through the use of four cameras specifically designed to provide a seamless overhead view of the area adjacent to the equipment. Independently, this is a great addition, but paired with radar technology, construction companies can drastically reduce worksite injuries. That’s because radar technology can detect an individual within range and set off an alarm to the operator or stop the equipment completely.

ARTIFICIAL INTELLIGENCE (AI) AND MACHINE LEARNING An emergent way to identify other potential risks on a construction site is leveraging AI and machine learning. AI technology can be used to identify and analyze hazards, tagging and categorizing actions so teams can prioritize mitigating the biggest risks. This technology can also send out an alert if a worker is not properly using personal protective equipment or is violating safety standards. Based off the data that AI compiles, machine learning can then predict and mitigate a risk before it has a significant impact on the project. While AI and machine learning technologies are currently in use by some construction companies, both will become more widespread in the coming months and years as new applications will emerge. Combined, these two technologies will transform workplace safety for the better.

WEARABLES Wearables are already one of the most-leveraged technologies in the construction industry, largely because of the multifaceted benefits. In the simplest way, workers can be given wearable sensors, allowing project managers to reference a dashboard that describes precisely who is on a job site at any given time, where they are and basic information about the worker, including tenure and the number of training hours logged. These last two factors are critically important with the number of new, less experienced employees that are entering the workforce amidst the labor shortage.

Wearable sensors also give project managers the ability to assess if an employee has fallen or needs help. Should an incident occur, wearables can provide the information needed to locate the injured employee, making it easier when emergency personnel arrive. Additionally, wearables can enable workers to evacuate a construction site quickly in the case of an emergency by sending an alert across the jobsite to signal employees to evacuate. Without this technology, workers must rely on radios

and verbal cues to leave the job site, which often involves going to every floor in an attempt to reach all workers.

Given wearables ease of use and ability to improve safety, the use of this technology continues to be a top trend for the construction industry, and one being led by general contractors, who have the control to implement it.

DRONES Not only can drones take stunning aerial photos, but they also provide tremendous value for contractors in providing precise aerial visual measurements. They are a versatile tool in documenting project progress, ensuring the site’s boundaries are being adhered to and determining the size of a stockpile of materials. Despite the potential benefits, drones have yet to be widely adopted, perhaps in part due to the regulatory limitations associated with the technology. For instance, drones cannot be used near airports or large cities and require regulatory compliance with the Federal Aviation Administration. However, as drone usage increases and regulations adapt, it will likely become easier to utilize the technology on construction sites.

INNOVATIVE TEAMBUILDING Implementing the latest technology isn’t the only way to increase efficiencies and make construction sites safer. There are ways to innovate in terms of overall processes and structure, especially when it comes to building highly effective teams. Research from Arizona State University has found that a team developed purposefully, as opposed to haphazardly, can perform more efficiently and safely – something that is vital on a construction site. By evaluating the knowledge and personality traits of each worker, project managers can build teams where the members’ strengths and weaknesses will be complementary to each other.

For example, pairing workers who have impulsive tendencies with those who are more cautious, may ultimately reduce the number of jobsite injuries. Additionally, putting those with technical strengths in different areas can also be beneficial in allowing a team to perform effectively and efficiently on a given project.

While these new technologies and innovative processes have the potential to positively impact construction sites, selecting the right fit for your respective company and employees is key.

Start small and use pilot programs with small groups before implementing across all jobsites. Consider workers’ feedback carefully, as they are the ones who will be required to change their day-to-day processes.

All in all, it is an exciting time to be involved in the construction industry amidst these new developments. Always keep in mind what’s most important, though, and that’s promoting a culture of safety.

ISSUE 2 | 2019 43

2018 TAX REFORM: THE BIGGEST IMPACT ON U.S. BUSINESSES IS THE QBI DEDUCTION

BY STEPHEN SLADE, TAX DIRECTOR | WOUCH MALONEY & CO., LLP

2019 regulation updates by the IRS and new tax laws passed by Congress represent the most substantive tax law changes since 1986. And, of all the tax law changes made in the past year, the Section 199A qualified business income (QBI) deduction has the biggest potential impact on business owners over the next eight years. The 20% QBI deduction is a brand-new concept that Congress created, and it is like nothing we’ve ever seen before.

The final IRS regulations were issued on January 18, 2019, and the late timing had tax software companies scrambling to update their software packages as tax season commenced.

WHAT IS THE QBI DEDUCTION? The QBI deduction is a 20% deduction that can be used by owners of partnerships, S corporations, sole proprietorships and trust entities – just about any business entity other than a C corporation. The deduction is 20% of a taxpayer’s qualified business income subject to numerous limitations and phase outs. For example, a taxpayer with $1 million of qualified business income could receive a free tax deduction of up to $200,000.

QBI must be domestically earned ordinary business income related to a trade or business. It excludes most types of investment income, but allows for rental and royalty income.

QBI must be reduced by the reasonable W-2 compensation paid to an S corporation owner or the guaranteed payments paid to a partner in a partnership. So, if you are a business that makes 44 CONSTRUCTION TODAY

$100,000/year and you pay the owner a $50,000 W-2, your QBI will be $50,000 because you must reduce what you pay yourself.

The QBI deduction is taken at the shareholder 1040 level and it is allowed for alternative minimum tax purposes. It is up to the individual taxpayer to determine the QBI deduction for each separate business they own, and they must combine the results from the various businesses to determine the net QBI income. If the taxpayer has an overall QBI loss, the amount must be carried forward to the next year.

IRS final regulations clarified that partnership owners and sole proprietors must reduce QBI income by deductions for self-employment tax, self-employed health insurance and contributions to qualified retirement plans in order to level the playing field with S corporation shareholders.

GENERAL QBI LIMITATIONS There are limitations to the availability of the QBI deduction depending upon the type of business. If you own a specified service business, are married and file jointly and earn more than $415,000 in taxable income, you do not qualify for the 20% QBI deduction. Specified service business owners who are single or are married and filing separately and earn more than $207,500 do not qualify for the deduction.

If your business is not a specified service business, the W-2

limitation is similar to the earnings threshold for specified service businesses. If you are married and filing jointly and have taxable income between $315,000 and $415,000, you must demonstrate that your business has paid enough W-2 wages in order to fully take advantage of the QBI deduction. For example, if you own an S corporation, have taxable income of $500,000 and pay no wages, you can’t get the deduction. If, however, you do pay sufficient W2 wages, you’ll be able to fully maximize the 20% deduction. The new law also provides for an optional determination where a business owner with minimal wages can rely on the unadjusted basis of depreciable property used in that trade or business to support a QBI deduction.

deduction, while in other instances the wages can reduce the QBI deduction. You need to understand how the owner’s compensation impacts the deduction •

You should carefully determine whether or not you are a specified service business. If you are, you run the risk of earning over the maximum allowed threshold and you would no longer qualify for the deduction.

•

Be aware that the IRS has employed several blocking rules.

For example, if you are a taxpayer that has multiple businesses in one entity and 10% or more of your gross receipts are attributable to specified services, the classification of your entire business may be as a specified service. The IRS’s view is that if you have multiple businesses within an entity, you may be permitted to report separate QBI attributes on each business. However, you have to maintain a complete and separable set of books.

Since I have talked about specified services businesses, it may be helpful to share the IRS’s definition of such a business. It is defined as any trade or business involving the performance of services in the fields of health (e.g., physicians, dentists, nursing), legal, accounting, actuarial science, performing arts, consulting, athletics, financial services, brokerage services (e.g., investing and investment management, trading or dealing in securities, partnership interests or commodities). Architects, engineers, insurance salespersons and real estate property managers are deemed not to be specified service businesses.

•

The IRS allowed for some aggregation rules that are available only to non-service businesses. Assuming you meet several qualifications, if you own multiple businesses, you will be allowed to utilize W-2 wages from one business across multiple businesses, potentially maximizing your QBI deduction. This was very generous of the IRS since this concept did not appear in the law drafted by Congress.

•

In an unexpected move, the IRS final regulations do not permit aggregation of commercial and residential rental businesses.

And, it is the business entity itself that must determine if it is a specified service business and report that determination to the IRS and on a Schedule K-1 to their investors. This determination is not made at the 1040 level unless you are a sole proprietor.

•

Lastly, for business owners who own rental real estate properties, the IRS has developed a Rental Real Estate Safe Harbor Rule allowing the owners to claim that their real estate enterprise rises to the level of a trade or business, thus qualifying for the QBI deduction. To satisfy this safe harbor you must demonstrate the following:

If you have a significant amount of long-term gain income, it could also limit your QBI deduction.

SPECIFIED SERVICE BUSINESSES

CONSULTING BUSINESSES One more aspect of the QBI deduction I believe would be worth detailing is the IRS’s clarification of the definition of a consulting business entity. The IRS defines a consultant as one who provides professional advice and counsel to clients to assist the client in achieving goals and solving problems. It does not include the performance of services other than advice and counsel, such as the provision of training and educational courses. It also does not include consulting that is embedded in, or ancillary to, the sale of goods or the performance of services if there is no separate payment for the consulting services.

»»

spend at least 250 hours annually maintaining or managing the properties;

»»

keep separate books and records for the properties;

»»

the properties are not subject to triple-net-leases or any personal use (i.e., vacation properties);

»»

If you satisfy the Safe Harbor Rules and attach a signed affidavit with your tax return, you can receive IRS audit protection.

GENERAL QBI DEDUCTION CONSIDERATIONS

CONCLUSION

•

Be cognizant of your taxable income and the QBI limitations.

There could be instances in which filing separate returns could maximize QBI. If you are married and the lowerearning spouse is the business owner and they have under $207,500 of taxable income, it may make sense to file separate returns.

In summary, the QBI deduction is the single tax law change that will impact business owners most over the next eight years. But, there are many other changes that will impact owners, too, and my advice is that you make sure your tax advisor understands the new rules and understands your personal tax situation.

•

Keep in mind that the W2 wages or guaranteed payments paid to owners could have a direct impact on the calculation of the QBI deduction. In some instances, the W-2 wages paid to an S corporation shareholder can maximize the ISSUE 2 | 2019 45

AN INTERVIEW WITH JAMES BENAM, KEYNOTE SPEAKER AT THE CONSTRUCTION TECHNOLOGY EXPO 2019

JAMES BENHAM

TANNER McKIM

CEO of JB Knowledge

Gilbane Building Company

James Benham, CEO of JB Knowledge, adjunct professor at Texas A&M, and host of the podcast ConTechCrew is one of the most dynamic leaders of the construction technology sector. James, who will be the keynote speaker and emcee of the Construction Technology Expo on October 29, 2019 took a moment to sit down with the GBCA Technology Committee Member, Tanner McKim, Senior VDC Engineer, Gilbane Building Company to talk about construction technology, drones, artificial intelligence, and successful ways to integrate all of the above into a firm:

*This interview has been condensed and edited for clarity.

Tanner McKim (GBCA): A lot of firms I talk to seem to think that the East Coast is behind when it comes to construction technology. What is the Philly/North East market behind on?

James Benham (JB): This seems to be something I hear a lot coming from all areas of the country. The short answer is: Nothing. Every area of the country seems to think that they are the slowest ones, except for Silicon Valley maybe. The tech is out there. There are just some companies who are ahead of others.

GBCA: That’s good to hear. For companies behind the curve, what are effective ways to engage employees and colleagues who are reluctant to adopt new tech?

JB: My two favorite examples are human examples. There’s no specific technology they’re using to speed up adoption, they’re just building relationships. A construction technologist of ours worked for a big subcontractor and he said, “Look. I just hang out with people and get to know them. I go to company socials and I spend time with them in the field. And then, because they get to know me and they don’t just call me when they need a technology fix, we develop a relationship. When I see 46 CONSTRUCTION TODAY

them later, and introduce new technology, they are much more likely to adopt it. No one else in the construction technology department had ever done that before; just gone out and had lunch with them.”

Some people discount trust building. We spend a lot time with the people we work with, in our consulting business. If you don’t spend time with people, if they don’t trust you, they’re not going to allow you to do anything. Get out of your office, meet people, get to know what’s going on in the field.

The second example I love talking about. One of the regulars on our [podcast] had a big problem. The salty dogs of the business just weren’t adopting the BIM tools he was introducing into the field. So his idea was; “Why don’t I just make a game out of this?” He went to one of those big warehouse retailers and bought a big box of king-size candy bars.

He then hid a 3D model of R2D2 somewhere inside his building model and, in a training session, he told the team that the first to find the R2D2 model would win a king-sized candy bar. Within about 2-weeks he had 80% of the jobsite using the model whereas beforehand they wouldn’t even touch it. By making it fun and providing a reward, he was able to drive adoption. It seems like common sense but it’s the kind we take for granted: spending time winning trust and then making a game of adoption and providing incentives.

GBCA: Since were on the topic of learning and education, can you speak about the collegiate or trade programs being developed around virtual design and construction (VDC)?

JB: VDC is definitely being introduced into the trades. The easiest one to look at is the United Association of Plumbers and Pipe Fitters. They have an entire apprentice track now for VDC. You can be a welder, a service tech or a VDC engineer. That’s the easiest target right there. And then I am an adjunct professor at the largest program in the country, Texas A&M. We have multiple VDC classes people can take. I would eventually see a track for [VDC] – like an actual educational track. I haven’t seen a proper VDC certificate program yet because there is so much you have to learn in construction management. There’s a lot to cover in a 4-year program. You’ve got to learn how to build before you learn to build in technology.

GBCA: How do you see technology changing the work force? What about robots?

JB: We’ve been using robots for a long time. We just didn’t call them robots. Since the advent of mass machinery in England 200 years ago and the second wave of mass manufacturing with Ford, what I would say we have now is the next wave of intelligent manufacturing. We’re building machines that do what they’re taught but they’re also doing things that they weren’t taught to do or have become better at on their own. Boston Dynamics announced their robotic dog is ready for prime, brick walls are getting laid with SAM (Semi-Automated Mason), DOXEL is a robotic laser scanner, and Caterpillar has an entire initiative called “Smart Iron” where they put sensors and autonomous operating equipment on their heavy equipment. Are robots already on the jobsite?

Yes. Do they look like humans? No. Will they look like humans? Probably not.

GBCA: Speaking of robots and artificial intelligence (AI) learning, what are the biggest hurdles firms face when adopting AI? JB: Most “AI solutions” out there are fake AI. That’s the biggest hurdle.

GBCA: What is fake AI? JB: Some software or hardware companies take an “If: Then” statement or conditional statement and then market it as AI. AI like 2001: A Space Odyssey where the machine is self-aware and has the intelligence, ability and capacity of a human we’re still decades away from. What we’re dealing with right now are specific forms of AI like machine learning which teaches machines how to learn so that they can then do things which we don’t have time to program them to do. Arthur Samuel, one of the granddaddies of machine learning, taught a computer to play checkers against itself and record the outcomes to make predictions based on probabilities on all the best paths to victory. That’s machine learning and a specific form of AI. Image recognition, free text analysis, natural language processing, speech to text – those are all specific forms of AI being used by some phenomenal systems quite successfully. Then there’s a whole bunch of fake AI being used to sell products.

GBCA: For contractors who do adopt real AI, how does the picture change?

JB: [AI] allows you to process vast droves of untapped, unstructured data. Pictures, video, and free text are the top 3 targets of most of my friends who are going after some type of AI. You can already analyze the structured data with a good AI system but you might not have time to process or write queries for all of it. AI and machine learning are being

used by contractors to process the terabytes and terabytes of data per project to analyze daily reports, photos, text, and videos and then give them insight as to whether their project will be on time, where their areas of safety concerns might be, and predicting where future safety or schedule issues might come up.

GBCA: Similar to the issue concerning where the liability lies when a self-driving car strikes a pedestrian, how does the liability shift with autonomous construction vehicles and AI solutions?

JB: Nothing will alleviate a contractor for being responsible for their project. Even when you have a machine driving an autonomous robot, you still have a contractor supervising the machine who’s responsible for it. I’m a commercial drone pilot and even though I don’t “fly” my drone anymore – the flights are autonomous – I am still the Remote Pilot in Command who is responsible for that Unmanned Aerial System. You are liable, you are responsible. Period. End of story. It will make the lawsuits more complicated though.

GBCA: You mentioned you’re a drone pilot. What is the next step in drone technology?

JB: There is so much going on in drones. The next step in drones needs to come from the FAA. They have to allow for non-line-of-sight operations for everybody. Right now, the drones and software I have are astounding. I have a fixed wing drone which, on 20-30 minutes of battery, can cover 90 miles. So the next step needs to come from the FAA in terms of regulation.

One of the big things that’s already here that’s been invented and proven but not commercialized or utilized in construction is drone swarms. Intel rolled this out with the fireworks shows using drone swarms. From an imaging, surveillance and surveying perspective, this is amazing because you don’t have to run a grid pattern with your drone. You just launch the drone swarm and all your imaging is done in one go.

GBCA: Do you think the same thing applies to autonomous interior scanning or imaging as well?

JB: All my drones have 360 scanning and obstacle avoidance so interior imaging is still possible but, for autonomous scanning, I can only think of one thing. DOXEL has a drone which requires a human to drive once through the jobsite and then, after it’s been programmed, it can drive through the site using obstacle avoidance. This thing can drive upstairs with a mini-laser scanner attached on top, doing real-time as-builts. It’s really a good use for a drone.

Come see James Benham present his keynote at the Construction Technology Expo Bootstrapped Innovation: Building a Mad Scientist for the Future of Construction Tech, on October 29, 2019 from 8:00 am until 4:00 pm at Penn State at the Navy Yard. To purchase tickets, exhibit tables, or sponsorships visit www.gbca.com/events.

ISSUE 2 | 2019 47

CONSTRUCTION TECHNOLOGY EXPO Building a Mad Scientist for the Future of Construction Tech

PRESENTED BY

Come see James Benham present his keynote at the Construction Technology Expo.

Bootstrapped Innovation: Building a Mad Scientist for the Future of Construction Tech, on October 29, 2019 from 8:00 am until 4:00 pm at Penn State at the Navy Yard. To purchase tickets, exhibit tables, or sponsorships visit gbca.com/events or call 215-568-7015.

JAMES BENHAM CEO of JB Knowledge

Register Today!

To purchase tickets, exhibit tables, or sponsorships visit gbca.com/events.

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