Green for Life Magazine Winter 2020

WINTER 2020 VOL. 8, NO. 1

A LANDSCAPE ALBERTA MEMBER PUBLICATION

20 Reasons Why Landscape Contractors Lose Customers The Long Journey to Farm Status… Again

SAVE THE DATE

MEETING IN THE MOUNTAINS & LANDSCAPE AWARDS

APRIL 2-3, 2020 Banff Park Lodge Banff, AB More info to follow

WINTER 2020 VOL. 8, NO. 1

CALENDAR

ADVANCING THE PROFESSIONAL LANDSCAPE INDUSTRY MANAGING EDITOR Joel Beatson CONTENT & EDITING Kyla Hardon LAYOUT Kris Locke Landscape Alberta Green for Life is a professional publication for the landscape trade in Alberta.

Editorial and Advertising Landscape Alberta 18051 107 Avenue NW Edmonton, AB T5S 1K3 P: 780-489-1991 F: 780-444-2152 admin@landscape-alberta.com Landscape Alberta does not assume responsibility for and does not endorse the contents of any advertisements herein. All representations or warranties made are those of the advertiser and not the publication. Views expressed herein are those of the authors and do not necessarily reflect the views and opinions of Landscape Alberta or its members.

January 8-10, 2020 Landscape Ontario Congress Toronto, ON www.locongress.com

January 28-30, 2020 CPCIA 2020 Education Week Calgary, AB

www.cpcia.ca/ education-week-2020/

February 11, 2020 Belgard University Edmonton, AB http://www. expocrete.com/news/ news-and-articles/2020belgard-universityedmontonn-ab-february-11/

Landscape Alberta Board of Directors Brian Gibson, Green Drop Lawns Ltd., Chair Ken Ruddock, ULS Maintenance & Landscaping Inc. Cody Brown, Tree to Tree Nurseries Ltd. Jeff Oudyk, CSLA, AALA, JLG, Land Tec Landscape Contractors Ltd., Vice Chair John van Roessel, CLM, CLT, JVR Landscape (2006) Inc., Treasurer Keith Plowman, K Plowman Contracting Ltd. CLM. Laura Watson, Finning Canada Adam Jansen, The Jansen Group Landscape Alberta Staff Joel Beatson, CAE, CLM,­­ CEO joel.beatson@landscape-alberta.com Marnie Main, Member Services Director member.services@landscape-alberta.com

https://www.landscapealberta.com/events/ spring-workshop/

February 13, 2020 Belgard University Calgary, AB http://www. expocrete.com/news/ news-and-articles/2020belgard-university-calgaryab-february-13/

CONTENTS

04

18

10

20

12

22

14

26

Industry and Association News

Material may not be reprinted from this magazine without the consent of Landscape Alberta.

ISSN No: 1929-7114 (print) ISSN N0: 1929-7122 (online)

April 2-3, 2020 Meeting in the Mountains & Landscape Awards Banff, AB

Photos from GISC 2019

Op-Ed: Bill 26 – The Long Journey to Farm Status… Again

Making Intentional Improvements

Simple Financial Mistakes Contractors

Should Avoid Basics of Concrete Deterioration

20 Reasons Why Landscape Contractors

Lose Customers A Look Back at Our Association

16

Winning Summary Judgement

Valerie Stobbe, Trade Show Coordinator valerie.stobbe@landscape-alberta.com Kyla Hardon, Communications Coordinator kyla.hardon@landscape-alberta.com Lisa Warner, Events & Relationship Coordinator lisa.warner@landscape-alberta.com Cheryl Teo, Bookkeeper accounting@landscape-alberta.com

Follow Our Social Media Instagram: @landscapealberta Twitter: @landscapeab

NEW MEMBERS Backwood Give Back Landscapes Contracting Ltd. Constantine Grechko & Design Inc. 17322 107 Ave NW Chelsea Pasutto Edmonton, AB T5S 1E9 Ste.255, 203-304 Main St SE Ph.855-206-2647 Airdrie, AB T4B 3C3 constantine@ Ph.403-874-2711 josh@backwoodlandscapes.com givebackcontracting.com www.backwoodlandscapes.com www.givebackcontracting.com

A Green Future for Landscaping Ltd. Hanan Diab 118 Sceptre Close NW Calgary, AB T3L 1Y1 Ph.403-547-6551 info@agreenfuture.ca www.agreenfuture.ca

Facebook: @landscapealberta

GREEN FOR LIFE WINTER 2020 • 3

Industry and Association News

Farms at last!

November 20, 2019 - The Farm Freedom and Safety Act (Bill 26) has been introduced. Landscape Alberta is very pleased to see that this legislation will re-introduce nurseries, sod farms, greenhouses and mushroom operations as farms under the Employment Standards legislation. Over the last five years the association has worked relentlessly on the behalf of members to correct this unfair classification.

“This issue has been critically important to our producers and is a great example of what the association can do as a unified voice on behalf of industry”, says Landscape Alberta CEO Joel Beatson.

If the bill passes these changes will come in to effect on January 31, 2020 which will ensure the 2020 season begins on a level playing field with horticultural exporters from other provinces (BC and Ontario being the main sources).

Landscape Alberta continues to work on technical clarifications around WCB and OH&S status and will update growers with details as they emerge. Special thanks to all the volunteers who assisted on this issue over the years, and to Minister Dreeshen and Minister Copping for bringing fairness back to Alberta horticulture.

See the full news release here: https://www.alberta. ca/release.cfm?xID = 661416BD33973-F83D-9982B3B2BDC25C4C5969

FOR SALE Green waste fines, $10/tonne.

Pick up at East Calgary Waste Management Facility Call: Chris Roa-Yaremkowycz 403-312-0183

New Rules for Health and Safety Committees in 2020 The Ministry of Labour released updated rules around Health and Safety Committees on December 14 and employers have until January 31, 2020 to comply. To reduce administrative burden for employers, the new rules raise the employee count for requiring a health and safety committee for example. For many Landscape Alberta members that fall in the range above 10 employees but below 20, these are welcome changes.

• Employers with 20 or more workers are required to have a committee.

• Employers with five to 19 workers are required to have a worker health and safety representative.

• Work sites with multiple employers where work lasts 90 days or more are required to have a site-specific committee or representative, depending on the number of workers.

• New training requirements take effect immediately.

Reducing required courses from two to one, to reduce repetitive content and time away from work.

• Employers have until Jan. 31, 2020 to comply with the changes.

For more info please visit https://www.alberta.ca/work-site-health-safety-committees.aspx

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GREEN FOR LIFE WINTER 2020 • 4

Industry and Association News

Save the Date

Meeting in the Mountains and Landscape Awards April 2-3, 2020 • Banff Park Lodge, Banff, AB

In Budget 2019, government proposed a final rebate payment to eligible applicants who continued to pay the levy between January and June 2019.

Alberta Agriculture and Forestry will work with the Alberta Greenhouse Growers Association as decisions on the application process and program timelines are known.

Greenhouse operations – Federal Carbon Tax Please see the link below to the updated Fuel Charge Exemption for greenhouse operations using propane or natural gas in order to receive an 80% rebate on the additional charges. This form must be given to your energy supplier and not sent to CRA. https://www.canada.ca/en/revenue-agency/services/forms-publications/forms/

GPS program survey In an effort to better serve our members and giving you the programs you need to help run your operations more smoothly and efficiently, we are looking at a potential new program for GPS tracking. Please take a moment to fill out this survey to help us gauge industry interest in this type of program so that we may better serve you. We appreciate you and your time for filling out this survey.

The link for the survey can be found here https://www.surveymonkey.com/r/ RY8VYKF

Alberta Greenhouse Rebate Program The Alberta Greenhouse Rebate Program was launched in 2017/18 to enable the reinvestment of the carbon levy back into greenhouse industry.

Greenhouse operators continued to pay the carbon levy on natural gas usage until May 30, when government eliminated the levy.

GREEN FOR LIFE WINTER 2020 • 5

Industry and Association News “We are excited to have Steve and his team join City Wide and are looking forward to working with them. By partnering with Western Canada’s largest landscape maintenance and snow removal company, we are executing on our strategy of building a diversified national municipal & commercial services provider,” said Eytan Broder, Chief Executive Officer of City Wide Towing.

Important notice Changes to CFIA issued phytos and import certificates My CFIA Required by End of Year to Apply for Phytos

City Wide Towing and ULS Maintenance & Landscaping Announce Merger

CFIA are introducing e-phytosanitary certificates and e-import certificates. These are scheduled to be on-line by the end of the calendar year and once they are, all phytos and import certificates will be issued through My CFIA. You will no longer be able to submit applications by email, fax or mail.

City Wide Towing & Recovery Service Ltd. and ULS Maintenance & Landscaping Inc., recently announced the combination of the two companies creating one of the largest municipal service companies in Canada. City Wide provides “If you have not done so vehicle recovery and towing already, it is imperative services to cities, municipalthat you complete your ities and commercial clients across Alberta. Founded My CFIA profile by the in 1989, ULS provides end of the year so as not snow & ice management, garbage collection, landscape to disrupt your ability maintenance and other related to apply for phytos and services to municipal and comimport certificates.” mercial clients across Western Canada. Signal Hill Equity Partners provided growth capital to facilitate the transaction.

The combined company is a market leader in exterior services with approximately 500 employees and five operational hubs in Alberta and Saskatchewan, from which it services over 30 towns, cities and municipalities across Western Canada. City Wide & ULS will continue to deliver services through long-term contracts in key municipalities across the country. The management team of ULS will continue with the company and oversee the operations of the business. Steve Wheatcroft, CEO and Founder of ULS, will serve as Vice Chairman of the combined organization.

“This is a tremendous opportunity to grow our business with municipalities across Canada and diversify our service offerings. We are thrilled with the opportunity to work with such a respected group of professionals who have developed an outstanding reputation in the vehicle recovery services space,” stated Steve Wheatcroft.

If you have not done so already, it is imperative that you complete your My CFIA profile by the end of the year so as not to disrupt your ability to apply for phytos and import certificates. To read CFIA’s notice to industry and how to complete your My CFIA profile please follow this link: http://www.inspection. gc.ca/about-the-cfia/ my-cfia/online-services/ notice-to-industry-2019-09-04/ eng/1567619776603/ 1567619777025

• this changes the way that phytos are issued but not the way that inspections or the other steps in the export/import process occur • the on-line phyto application process should be better as you will be able to save the information in your profile to be used for future applications and phytos will be sent electronically to the foreign National Plant Protection Organization - CFIA has been working very closely with the US on this • last minute orders will be managed the same way they are now and by eliminating paper there should be time savings • e-phytos will reduce fraud, should simplify the process and will align with the direction that many countries are going

If you have any questions or concerns with the changes underway, please contact CNLA Growers Manager, Jamie Aalbers jamie@canadanursery.com

GREEN FOR LIFE WINTER 2020 • 6

Industry and Association News LMN’s One-Day Best in Landscape Workshop

THANK YOU TO OUR SPONSORS!

March 24, Calgary, AB You’re already a great landscaper. This one day workshop will turn you into a great business owner. $99 bucks. That’s about all the average landscape business owner makes at the end of a year. That’s a hard truth.

Landscapers work too hard to earn a 2% profit don’t you think?

Come to a workshop and let us explain in one day how to earn 15-20% profit. We will talk about ideas you haven’t considered that will lead to more efficiency and increased profit. This workshop will change the way you think about your business.

In

one day, you’ll learn how to: 1. Forecast next year’s profit 2. Create markups for estimating 3. Set wages for staff 4. Understand how much to invest in equipment 5. Provide your customers world class service 6. Shorten your sales cycle 7. Attract the customers you’ve always wanted 8. Schedule crews efficiently 9. Motivate your crews to work like entrepreneurs 10. Use estimates to develop project plans & create accountability

Register: https://www.eventbrite.ca/e/ lmns-one-day-best-in-landscape-workshop-calgarytickets-84795312061?aff= website

ESDC Update The 2020 Employment Insurance Premium Rate and Maximum Insurable Earning.

On September 13, 2019 the Canadian Employment Insurance Commission has released the 2020 Employment Insurance Premium Rate and Maximum Insurable Earning.

The EI Senior Actuary has forecast the seven-year breakeven rate for 2020 at $1.58 per $100 of insurable earnings, a decrease of 4 cents from the 2019 rate of $1.62.

Employers pay 1.4 times the employee premium rate. For 2020, the premium rate for employers is forecast at $2.21 ($2.212 unrounded) per $100 of insurable earnings, a decrease of 6 cents from the 2019 rate of $2.27 ($2.268 unrounded).

The full report can be found here: https://www.canada.ca/en/employment-social-development/ programs/ei/ei-list/reports/premium/rates2020.html

GISC 2019: A perfect storm!

It was an exciting few days last week for our industry as we held the 2019 Green Industry Show & Conference on November 14 & 15 at the BMO Centre in Calgary. The weather this year aligned perfectly for the event and the results showed with total visitors up 7% over the previous year.

We started things off with pre-show workshops on November 13 and held the Landscape Alberta Nursery Producers Annual Auction that evening at Hotel Arts.

Then we kicked off two days of conference sessions! This year’s sessions were truly outstanding with wonderful, knowledgeable speakers presenting on topics that spanned the industry, from Dr. Ed Gilman’s session on Designing Sites to Fit Desirable Trees to Jesse Bloom’s session on Climate Change in our Gardens to Leadership Blind Spots with Kara Deringer. We hope everyone learned something new and useful.

In addition to conference sessions, our two-day trade show was a wonderful experience! With over 150 exhibitors showcasing the latest products and trends, the trade show floor was a lively place to meet and connect with other industry professionals!

A big thank you to all our attendees, speakers, exhibitors, and volunteers! We look forward to making next year just as big a success.

Be sure to mark your calendars for next year’s exciting event: GISC 2020, November 19 & 20, 2020 at the Edmonton Expo Centre!

GREEN FOR LIFE WINTER 2020 • 7

Industry and Association News

Member Savings Mark’s: 10% off the majority of Mark’s workwear clothing, footwear and safety accessories.

Need new cards for 2020? Contact the Megan at the CNLA office to have cards mailed out. megan@cnla-acpp.ca Our Members are Amazing; It’s A Fact

excellent marketing opportunity for your company. Audiences love to see the people behind the logo!

Behind every great company are the people who keep it running. Help us shine the spotlight on the amazing things your company does by sharing human-interest stories from your work. Some examples of stories to consider sharing include:

Story format can vary to suit your needs, and our Communications Coordinator can work with you on writing and editing to make your story the best it can be!

• Volunteer work your company/team commits to • A special project • A inspiring, motivating personal story • How your company was started, its history, and/or hallmark year stories (i.e. 50 years in business) • Best business practices you’d like to share • And many more Shared stories could be featured on our social media pages, website, or in our Green for Life magazine, which creates an

Last chance to participate in the LCC charge out rate survey!

To date only 18 companies have participated. We need your input in order to have sound statistical information to report on. The deadline for this survey is January 2020.

Participate and win!

Have you ever wondered if your company is competitive in today’s market? Are you starting up a new company and curious in what others are charging?

If you have a story to tell or would like to know more, please contact kyla.hardon@landscape-alberta.com.

The Youth Employment and Skills Program (YESP) may be right for you Youth Employment and Skills Program provides funding to organizations for the creation of agricultural internships that provide career-related work experiences to youth and youth facing barriers.

Employers must apply on or after January 13, 2020 for their project to be considered. Approved projects will be eligible

In order to assess our industry’s charge out rate we are asking our membership to participate in a quick and confidential survey. This will take no longer than five minutes. We will be asking you how much you charge out for different levels of staff and on specific pieces of equipment. Although we do not ask for company names, we do ask your location, as each Provincial charge out rates could be slightly different.

If you choose, you can provide your name at the end for a chance to win a $100 gift card to Tim Hortons.

Please take a moment to fill out the survey and go to: www.surveymonkey.com/r/S29YSYD Thank you for helping us help you! These statistics will be shared to our members once we have a statistically valid sample size.

If you have any further questions or concerns, please feel free to reach out to Anne Kadwell at anne@cnla-acpp.ca.

GREEN FOR LIFE WINTER 2020 • 8

Industry and Association News to receive 50% of total eligible costs, up to a maximum of $14,000 in matching funds.

Garden Centres Canada Summit 2020

Mark your calendars now because Garden Centres Canada (GCC) is hosting their second annual GCC Approved applicants that are Indigenous or non-profit are Summit in Edmonton, Alberta, July 6th-8th for 2020. During eligible to receive 80% funding this unique Summit, independup to the maximum $14,000 ent garden centre owners and in funds. Approved projects operators from across Canada that hire a youth facing barriers will come together to discuss, “During this unique Summit, may receive 80% of total elishare and be inspired where independent garden centre gible costs, up to a maximum everyone is invited! $14,000. They may be eligible owners and operators from to receive an additional $5,000 This event is over two and half across Canada will come to cover extra costs associated days and includes a welcoming with hiring and supporting youth together to discuss, share reception, all day tour of unique facing barriers. garden centres big and small and be inspired where and a full day of engaging speakeveryone is invited!”

Applications will be reviewed on ers. We are very excited to have a first-come, first-served basis Corey Bordine as this year keyas long as funds are available. note speaker!

Applicants are strongly encouraged to apply early.

We are still in planning mode with many ideas and more news yet to come. If you are interested and would like to be More information: http://www.agr. kept up to date on what is developing for the 2020 GCC gc.ca/eng/programs-and-services/ Summit please let Anne Kadwell know at youth-employment-and-skills-program/?id=1557778999519 anne@canadanursery.com.

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GREEN FOR LIFE WINTER 2020 • 9

PHOTOS FROM

Fred de Boer, Mainland Floral Distributors Ltd.

Simon Eastwood, Vince Bron, Jerrit Bron, Bron & Sons Nursery

Lauren Healey and Brett Jeacle, Manderley Turf Products Inc.

GREEN FOR LIFE WINTER 2020 • 10

Bill Mackenzie and Alyson Kee, Inline Nurseries (2010) Inc.

GISC 2019

Phil Bakker, Earthapples

Cam Crawford, RyMar Synthetic Grass

Torquil Paxton and Stacey Gibb, Wheatland Trees Ltd.

Lisa Wheatley, Anita Heuver, Danielle Hall of Eagle Lake Nurseries Ltd. and Steele Hatch, Old College Student

Jeff, Sheryl and Jim Wotherspoon, Cheynne Tree Farms Ltd.

GREEN FOR LIFE WINTER 2020 • 11

Edward Skoko, Morgan Creek Tropicals Ltd.

Op-Ed: Bill 26 – The Long Journey to Farm Status… Again

BY JOEL BEATSON, CEO

On December 11, 2019, Bill 26 received royal assent making it official that nurseries, greenhouse, sod farms and mushroom growers will all be considered agricultural operations (farms) under Alberta’s Employment Standards Act. This change was crucial to the continued competitiveness of Alberta grown plant material. In our short growing season, the pressures of planting and harvest are very much the same as every other type of farmer.

In 2014, the issue of farm status came to the attention of a member through an employment standards audit. Farm status had been removed from our sector in 1996 as a policy change that went unnoticed/enforced until 2014. This is when Landscape Alberta went to work.

Over the last five years, we have worked with government and likewise affected sectors (the Alberta Greenhouse Growers Association being a key ally). In that time, we met with five different Ministers of Labour, had potential changes put to “on-hold” status by two snap election calls, and gained a significant amount of grey hair and patience in the process. Although the two children born in the same time frame might have something to do with this. In fact, the first meeting with a Minister was about one month before my oldest Declan was born – so I’ve literally been working on this his entire life. Some may say this is sad, but I only hope this lesson in perseverance is one I am able to pass along to my children.

“Farm status had been removed from our sector in 1996 as a policy change that went unnoticed/ enforced until 2014. This is when Landscape Alberta went to work.”

GREEN FOR LIFE WINTER 2020 • 12

Op-Ed: Bill 26 – The Long Journey to Farm Status… Again

What we never did was falter in our belief that what our members did was absolutely farming and that we must fight for this. It is an amazing victory for the association on behalf of the members. Some farms have reported savings in the six-figure range per year simply with the elimination of overtime (the same as all farms enjoy).

In reviewing this victory recently with the Board of Directors, it struck me that this is an excellent example of just what Landscape Alberta does. What nobody else can do. We are the voice of the industry in this province, for members and non-members alike. The ability to build relationships with government, politicians and partners over many years sets us apart. Over the last five years, we have

increased our industry profile to the point where we receive more and more invitations to consult than ever before.

We have the collective resources and will of the entire association to impact change. All of these are unique to your industry association. This is a shining example of what is possible when we work together.

“We are the voice of the industry in this province, for members and non-members alike.”

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Thank you to the members involved with the farm status including Anita Heuver, Cody Brown, Steve Richardson, and Jeff Wotherspoon. Thank you to all the Landscape Alberta staff and the staff at other associations that stood with us through the long fight. And a special thanks to Minister of Agriculture & Forestry, Devin Dreeshen, who really became a champion of the cause.

Landscape Alberta is member led – so every member has an ability to help steer the direction of our efforts. The more members we have, the more resources we gain to positively effect change.

This entire journey reminds me of a phrase my friend Jeff Stone of the Oregon Association of Nurseries recently said. “If you’re not at the table, you’re on the menu”. The work never ends. We are currently working on several advocacy issues, including increasing urban canopy across Alberta cities, policy around farm fuel, and a myriad of issues related to insurance, contracts and liability in the snow and ice sector.

What are you dealing with? Want to get involved? Let us know! Send me an email at joel@landscape-alberta.com or give me a call: 780-489-1991 extension 101. I’d love to chat!

Red Deer: 1-855-533-4777 Calgary: 1-877-826-0468 Edmonton: 1-780-862-4383

www.bluegrassnursery.com GREEN FOR LIFE WINTER 2020 • 13

Making Intentional Improvements

BY JACKI HART

This is the time of the year many business owners consider how to improve profitability, their teams and market share.

Many of you will wade deep into newly found resources, adapting to new software and apps, and generally working on improving systems for the year ahead.

The true challenge lies in making changes that will stick through your busiest times of the year. It’s easy to let others tell us what we need to ‘fix’ and how to fix it. In my experience, the impetus for change should be coming from within your company: from the leadership team – rather than from someone outside of your company. Including a coach.

I’ve lost count of how many business owners I know who have paid for and started to implement new systems, processes, policies or service lines that were either quickly abandoned, or left to smolder in the wings without

closure. Most tried to make changes because someone from outside of the company recommended either what to change, how to change it, or when. Rarely does that work for very long.

The changes that you implement will likely fail at a rate directly proportionate to the number of people involved in sustaining it, unless everyone feels the need for change, and takes part in its’ success.

Whether making changes either behind the scenes or upfront, be very intentional about it. Consider answering this: What should change? Why? When and How? Select one critical ‘must improve’ issue: For example: “I don’t have enough time to stay on top of special requests from customers during peak months. As a result, our customers are disappointed (or worse).”

GREEN FOR LIFE WINTER 2020 • 14

Making Intentional Improvements Step 2.

How can we change our process to consistently get the desired result? Example: Could we be using apps, shared calendars, live documents etc to capture verbal promises, or paste emailed ones into a shared space.

Step 3.

What steps are we missing to make this happen? Example: Start with the end in mind and work backwards: Ask questions such as : in what instances are we dropping the ‘follow through’ ball? Who on our team is most likely to benefit from having a solution available that prevents relying on memory alone in peak months?

Step 4.

What process needs to be created (steps for staff / customer to follow) to manage clear communication and approval? Example: Consider adopting a Customer Relations Management app.

Step 1.

What specifically is the gap between what needs to happen and what’s currently happening? Example: we need to follow through and communicate more consistently.

Step 5.

How will we communicate and train everyone on what steps to follow in the event of an unexpected customer request?

Example: Create a signoff training for introducing the steps/ forms/email trail to follow.

Remember Einsteins famous mantra: “You can’t solve a problem using the same thinking that created it.” When you and your team intentionally commit to purposeful change, it will happen!

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www.foothillsnurseries.com GREEN FOR LIFE WINTER 2020 • 15

Winning Summary Judgement

BY BRONWYN M. MARTIN MOODIE MAIR WALKER LLP

Reprinted with permission of Landscape Ontario and Moodie Mair Walker LLP.

To win a motion for summary judgment, a winter maintenance contractor must establish there is “no genuine issue requiring a trial.” Judges are reluctant to permit a defendant to schedule a summary judgment motion without clear evidence that there is no genuine issue requiring a trial. Judges are especially reluctant to schedule summary judgment motions in slip and fall cases, where issues of credibility often arise that can only be decided with a full trial, where a judge can hear both sides and decide whom to believe.

• But sometimes in a slip and fall case, a summary judgment motion can work. To succeed, one requires solid, persuasive evidence to show: • Timing of sanding/salting/plowing; • Reasonable system, backed up by a detailed log; • Industry standards; • Compliance with the winter maintenance contract.

GREEN FOR LIFE WINTER 2020 • 16

Winning Summary Judgement Evidence of timing can be very persuasive. Take for of events, and the defendants’ evidence about industry example, the decision of Hannam v Medicine Hat School standards, the court found that “there was no failure to Division 76, [2018] AWLD 1783. In that case, Master take reasonable care but, unfortunately, an injury occurred Robertson granted the defendant’s motion for summary nevertheless.” The judge ruled in favour of the contractor judgment even though the maintenance contract was not and dismissed the case. followed perfectly. Sanding was supposed to begin at 7 So, what do we take from these cases? Well, first, it’s a.m., but the contractor did not not easy to succeed on a sumstart until 8 a.m., and the plainmary judgment motion. Details tiff slipped and fell at 8:45 a.m. make all the difference: what — while the contractor was still “Evidence regarding was done, when was it done, sanding. But in granting sumby whom and how, what was industry standards can be mary judgment in favour of the supposed to be done under contractor, Master Robertson important in determining the contract and what industry noted that the standard set out whether a contractor standards are. Without all of in the Occupiers’ Liability Act this, a court will not have what is one of reasonableness, not has met the expected it needs to deal with a case on perfection. The Master ruled the standard of care.” a summary judgment motion. A timing of the sanding was reagenuine issue that requires trial sonable, and the plaintiff’s case may be left unanswered. was dismissed.

Second, good records are Evidence contained in a detailed log showing what was done — created when it was essential. No one likes paperwork, but detailed, contemdone — is also crucial to a successful summary judgment poraneous logs preserve key evidence. Someday, those motion. In Shweihat v Greti Development Co. Limited, logs may be needed to protect the contractor and may 2015 ONSC 5186, the defendant contractor was hired by help win a summary judgment motion. the property owner in March to remove ice from a parking lot that had accumulated over the course of an entire winter. The ice was several inches thick in places. The contractor supplied labour and tools, and for several days had been chipping away at the ice. But the ice hadn’t been removed completely when the plaintiff slipped and fell.

In dismissing the defendant contractor’s motion for summary judgment, Justice Nightingale said he placed little weight on the defendant’s log book because the contractor admitted on cross-examination that he created the log notes only after he was notified of the plaintiff’s claim. The logs were not written at the time the actual work was done.

This case emphasizes that in order to be useful, logs have to be created contemporaneously.

Evidence regarding industry standards can be important in determining whether a contractor has met the expected standard of care. In Reichert v Home Depot Canada Inc., 2017 ABQB 184, the defendants were successful in having the action against them dismissed. The plaintiff slipped and fell on snow and ice while walking into a Home Depot. He sued both Home Depot and Bradbosh Landscaping Services.

Home Depot and Bradbosh had entered into a winter maintenance contract that did not require Bradbosh to plow if there was less than two inches of snow accumulation on the parking lot. The court accepted the defendants’ evidence that this two-inch requirement was based on industry standards. The plaintiff’s undisputed evidence was that he fell on a thin layer of snow, which he admitted was less than an inch thick. Based on the plaintiff’s version GREEN FOR LIFE WINTER 2020 • 17

Simple Financial Mistakes Contractors Should Avoid

BY MONROE PORTER

Many contractors do not have a strong financial background and do not like accounting. However, there are simple procedures and financial logics that can help contractors avoid negative financial situations. This article is designed to identify simple errors contractors may make.

Worrying too much about cash. How much cash is in the bank can be a misleading factor when studying the health of a business. Cash makes us feel good and is deeply ingrained in our psyche. As a kid, if you made a few bucks mowing a yard or running an errand, it was great. You had money to spend.

Business does not exactly work this way. Just because we have cash on hand does not mean the business is making money at that moment.

Every business needs cash. However, cash is more of a business tool that an actual measurement of success. You need cash to pay your bills and keep the business going but it

is not necessarily a measure of profit. A good example of this is when contractors gear up in the spring. The business is making money but much of the actual cash is being eaten away by payroll, material bills, etc. Where in the fall, many contractors gear down for the winter. They may actually lose money in December but have plenty of cash on hand because they are collecting receivables from past work with no money going out.

Cash on hand might be compared to pulling a trailer. If you are doing everything right, it is always following you. If you charge the right price, make a profit and collect your money, cash follows your business effort.

You can pay taxes on a cash statement if that is what your accountant advises but use an accrual statement for financial review. An accrual statement shows all costs including accounts receivable and accounts payable to show a true profit.

A cash statement only shows what you have paid and collected. On that note, enter accounts payable into your accounting system as the bills come in. Even if you do not have enough money to pay the bill, it still is there to show a true profit or loss.

Don’t merely use your accounting system as a checkbook and only make entries when paying bills. Try to keep your financial records as current as possible.

Don’t put customer deposits into sales when you put deposits into the bank. Show them as a negative receivable or a liability. Deposits represent money you owe the customer until work is actually performed. This is a little complicated but vital to creating an accurate statement. You also don’t want to spend your customer’s money and then not have the money left to do their job.

GREEN FOR LIFE WINTER 2020 • 18

Simple Financial Mistakes Contractors Should Avoid

“If you do repairs, you must either price them time and material with a minimum charge or if quoted, build enough into the repair quote to cover sales cost.”

If you do repairs, you must either price them time and material with a minimum charge or if quoted, build enough into the repair quote to cover sales cost. No matter how you calculate sales expense, it costs a minimum of $100 to run a sales call. ($50 an hour times two hours is $100). So how can you quote a $100 repair? You can’t.

And this gets even more complicated.

Suppose, you only sell 50% of the repairs you estimate. Now you need $200 to recover the job you won and the job you lost.

If you must give estimates, make sure you build something into the quote to cover sales costs.

Internal theft continues to be a problem with contractors. Through the years, we have found that over 10% of our customers had embezzlement and less than 1% a fire. Yet most contractors are insured for fire but not theft. The cost of this insurance varies greatly from state to state and you may want to “bond” your bookkeeper or office manager but bonding only applies to the person you have bonded. You want to talk with your insurance person about what options are available in your state.

Most banks today do not want to send you a copy of the checks. Pay more for this service and have the banking and credit card statements sent to your house. There are lots of ways for employees to steal but

writing checks and charging items to your credit card is the easiest way to take advantage of you.

Look to crew size and don’t over staff jobs. A few years ago, we had a customer roof identical apartment buildings and track costs. The only factor that impacted production costs was crew size. The smaller the crew, the fewer hours it took to roof the job. We have contractors who join our networking groups that have 6 or 7 people in an install crew. We tell them to drop one person and the production tends to take the same amount of time.

Have a monthly financial meeting each and every month. At the meeting review a profit and loss statement, a balance sheet, your accounts payable, your accounts receivable, your sales, closing ratios and your backlog. Want better accounting records? Then use them. As you ask questions and explore the data, it will become more and more accurate.

Financial discipline and understanding is imperative to running a business. Just because you don’t like to do something, don’t have an excuse not to do it. I don’t like to go to the dentist but I still go.

GREEN FOR LIFE WINTER 2020 • 19

Basics of Concrete Deterioration

BY DALE KEEP

The first rule of concrete damage is the saying, “The answer to poor concrete is good concrete.” However, when doing snow and ice control, the service provider has no control over the quality of the concrete surface being cleared; it simply has to be kept ice free. What is good concrete? It is defined as a surface that is resistant to many types of deterioration. There are many factors involved in concrete deterioration, but often it is caused by damaging the cement paste that holds all the ingredients together. This deterioration includes: Frost/Freezing Action Concrete has pores just like our skin. Pores in concrete are small spaces through which water can pass. The pores provide an access point and let water enter the concrete making it wet. Pitting and scaling is caused when the temperature of the concrete falls below freezing, the water freezes and exerts a large amount of pressure. Quality concrete most often includes “air entrainment.” Air when entrained correctly and in the right quantity provides room for the expansion of the water as it turns to ice, reducing or at times eliminating the destructive stress caused by the freezing action. Remember, air can be compressed, and liquids cannot.

The air-filled voids do not affect the strength when done properly, but do help to maintain its integrity.

Deicers The deicers most commonly used for snow and ice control are members of the salt family. They include calcium, magnesium, and sodium chlorides. The damage caused by these products is more physical than chemical and is similar to the frost/freezing action.

The deicer product when applied and working, creates water by its melting action and the original concentration is diluted by the water it creates. This diluted brine then enters the pores of the concrete surface causing scaling near the surface. Tests have shown that scaling is greatest when the deicer in the pores is at three to four percent concentration. Due to the low vapor pressure of the deicer products, they stay wet when ordinary water would dry. This saturation of the pores combined with freezing causes damage. Here again, in good quality concrete, air entrainment is used to offset this damage. Fly ash is also use to make the concrete denser. Less porosity equals less movement of moisture. Without air entrainment, the paste holding the rocks in place can freeze and fail.

GREEN FOR LIFE WINTER 2020 • 20

Basics of Concrete Deterioration

“There are just too many variables that are beyond the control of the snow and ice professional for them to control the quality of concrete surfaces.”

Carbonation When concrete is exposed to carbon dioxide (CO2), a chemical reaction takes place producing carbonates and causing shrinkage. This can be good or bad based on the use of the concrete product. Understanding the carbonation process can result in a harder finished product, and one with greater dimensional stability. On the other hand, carbonation causes the pH to drop towards acid, causing corrosion of rebar. Reaction to the CO2 present in the air is generally a slow process and is dependent on humidity, temperature, permeability of the concrete and the amount of CO2 available. Humidity between 50 and 75 per cent is most conducive to carbonation.

Wear

says in one of their reports that the use of organics as an additive to deicer products for the reduction of corrosion to concrete performs best. This apparently is because organics attach to the paste, protecting it.

Bear in mind that when dealing with organics, they are not all created equal in terms of ice melting performance. There are many claims about the melting performance of each particular one, but be wary. They are all good at corrosion inhibiting to one degree or another because they are organic, but the one you choose may not be high in melting performance just because they said it is. Run some simple tests of the organic material mixed with the pure product and see for yourself if the ice melting performance is really there. Also remember, that many of the organic additives are high in sugar in one form or another. When tested in its concentrated form, it generally will not freeze, but will only get thick.

At times this leads to exaggerated claims of a very low freeze point, or even statements like “we couldn’t freeze it”. However, when mixed with a liquid deicer, it does have a freeze point, and don’t be fooled. Here again, run some simple tests on your own to see just what you really have in terms of melting performance and freeze point for the product you are using.

Tire chains and studded tires cause wear to concrete surfaces regardless of the high quality of the concrete used. Studies have shown that the tungsten carbide studs running on surfaces treated with salt and/or sand caused 100 times more damage than non studded tires.

Chains simply pound it breaking away small pieces causing additional problems.

Workmanship The quality of the workmanship and the amount of water used in making the paste all affect the quality of the concrete surface. Too much water (higher slump) lowers strength. Poor workmanship can also cause problems. One example of this is when a mix is watered down to make it less viscous and easier to work and used to cover mistakes.

Summary In summary, this writer wishes there was a magic bullet for dealing with concrete damage, but to my knowledge it simply does not exist. There are just too many variables that are beyond the control of the snow and ice professional for them to control the quality of concrete surfaces.

As for deicer choices, bear in mind that when it comes to damage from the use of deicer products, even non chloride products can produce damage from freeze thaw cycles when it too enters the concrete at reduced concentrations.

However, NACE International (The Corrosion Society), GREEN FOR LIFE WINTER 2020 • 21

REASONS WHY LANDSCAPE CONTRACTORS

LOSE CUSTOMERS

BY MARTY GRUNDER, PRESIDENT OF GRUNDER LANDSCAPING CO. & WARREN PURDY, PRESIDENT OF THE WARREN F. PURDY CO.

1. Don’t get quotes to customers immediately After going over a project with a customer, contractors often procrastinate in producing a quote. I can’t tell you how many jobs I’ve sold on the spot by producing a quote on the spot. In the heat of the moment, people often want to buy.

You need to realize the most important thing you have to do today is to sell a job or service an existing client making sure they’re happy – without allowing yourself to be distracted.

2. Don’t call customers back immediately I know it’s not always possible to call back immediately, but it’s a worthy goal. It shows concern for the customer’s question, problem or business. I think not doing this is one of the biggest reasons people look elsewhere.

I can’t tell you how many people I have called back who say, “I called 4 different people. No one wants to do this job and you showed up, so I’m really glad to see you.”

GREEN FOR LIFE WINTER 2020 • 22

3. Let problems drag out Instead of treating a problem like it’s the most important thing, we become complacent. Be it a dead plant, drainage problem, or spot in the yard, etc., subconsciously I think we say, “Well, they’re already a client and they’ll wait” – even though we know it’s 10 times more difficult to find a new client than to keep an existing one.

So instead of realizing problems are an opportunity to shine and build further loyalty, we put current customers secondary and let problems drag out until those customers have had enough.

4. Deliver less than promised

5. Don’t communicate delays well

I find when the salesperson is in the selling mode; they sometimes start to promise the world without putting it down on paper. This is as simple as saying you would be there in a week but you’re not.

It’s rained for a week, so you’re late to a job. Perfectly understandable. But then you don’t call and explain. Not understandable. They may have suspected rain was the problem, but they will still wonder if you’ll ever show up.

There are 2 things that are very important as you grow any kind of business: 1) deliver more than promised, which is really fairly easy to do, and 2) realize that the word “No” sometimes needs to be used.

If you want the job, you have to tell the truth. If you know you can’t be there in a week, don’t tell them you can or you’re asking for trouble.

We tell our customers upfront: “If the weather cooperates, we will be there in X weeks.

As we get closer to that date, we will let you know how our schedule is progressing. But I have to be honest with you; it could take as long as X weeks.” Clients are really understanding unless you don’t keep them in the loop.

6. Don’t show customers indisputable proof as to why they should do business only with you Our most effective way of communicating this proof is by presenting our package of about 100 client testimonials.

The cover says, “How can all of these people be wrong? – Several reasons why you should do business with The Grunder Landscaping Co.” I know people don’t read all of them. But when they look at the magnitude of evidence there, they formulate the opinion, “How can we not do business with this guy.”

It’s also hard to get this message across unless you spend time face to face with the customer so they can ask questions to feel comfortable with you and with what you’ve prepared. When you leave, you want them to have enough supporting proof to win them over such as testimonials, newspaper articles about you, copies of you customer surveys, referrals, your credentials, etc.

7. Don’t treat (and train) employees like they want employees to treat clients We are real big here on providing outrageous service and doing things that exceed expectations.

If you want your staff to exceed your client’s expectations, you have to treat your employees in the same fashion you want to see them treat your clients.

If you want them to take the customer’s trashcans from the curb to the garage and knock on the door with a smile and say, “How are you today. I want to explain to you what I’m doing in your yard today and answer any questions,” then you cannot be late with their pay cheques. If you tell them you are going to get them a saw for their truck, the next day that saw needs to be there.

GREEN FOR LIFE WINTER 2020 • 23

8. Fail to show customers appreciation Sometimes clients just feel they are no longer important to you, and I learned that lesson the hard way. As our company grew, it became impossible for me to continue to see every client. I assigned staff to take care of accounts without calling the customer or maintaining contact to let them know I was still looking out for them.

Several just hired someone else because before our company’s strength was the personal thank you, the contact, which kind of went by the wayside. We don’t let that happen anymore. It’s very important just to call and say thanks.

9. Don’t listen or take notes; do interrupt

10. Lack of attention to detail

11. Make promises without delivering

When the client is talking, contractors are preoccupied with the truck that broke down or another appointment they can’t miss. Instead they should be focusing on the client. Take a deep breath before you go in to meet with someone, have notes and listen to what they have to say without interrupting.

We have lost jobs for simple things like forgetting to sweep a driveway once. You can use this to your advantage if you realize that the opposite is also true. People think you are great if you take just a minute to blow off their deck or garage.

This problem most often occurs when the owner of a growing company hires a salesperson to do the work he used to do. The salesperson is eager to make a sale and prove himself. So he promises things that don’t get communicated either through a contract or verbally to the operations side – and it winds up disasterville.

Try this at the end of a meeting to make sure you got the message. Say, “Okay, Mr. Jones, I want to make sure I understand what you want….” Then go through and specifically list exactly what they want.

The customer leaves feeling very comfortable when you detail all 21 things they brought up. You leave knowing you have it right.

12. Does not perform in a timely manner Too many contractors promise to get a job done by a certain day and don’t. They break their schedule because a different customer needs spur-of-themoment detailing before a garden party. Time and again they react to special requests that keep them constantly late with their scheduled projects.

Attention to details make a big difference. When you do the landscape design, be careful not to impede any drainage.

Double check bills to ensure they’re correct. Do all of those little things that make the buying experience pleasant. I have a customer whose wife’s name is Iris. So we dropped by 3 Irises left over from a job. Well, this guy went on and on about the Irises. That attention to detail has forged a relationship that will be very hard to break.

13. Fails to communicate with clients or prospects Even if you have a perfectly good reason to be late, it doesn’t do you any good if you don’t call and tell them.

Any realistic person will understand that it rained, etc., but if you don’t call them, they start to get mad, and you can’t blame them.

This is so common that California requires contracts state a completion timeframe. Missing that timeframe for any reason other than weather can mean a hearing before the contractor’s board.

Once in a while everybody has a client they have to satisfy outside the schedule. But don’t let them make it an everyday affair. You need to stay on your schedule.

GREEN FOR LIFE WINTER 2020 • 24

If you investigate a complaint and find your sales person has over-promised, you have to fulfill the promise, if possible. I recommend you then deduct the losses on the job out of the salesperson’s commission.

14. Doesn’t use a written contract A lot of contractors just shake hands and off they go. That’s about the worst thing you can do. You should have a contract. If people are in a hurry you should not do business with them. It’s just that simple.

With only a verbal agreement, anything can happen. The customer can always say, “Well you were supposed to do this or that,” and “That wasn’t what we agreed to.” It becomes your memory against the customer’s memory.

You end up choosing to argue or doing more than what you are being paid for. Either way you lose.

15. Uses a written contract not designed for our trade

17. Invoicing extras without customer approval

First, avoid the pre-printed forms from stationery stores.

Contracts should be on your own stationery or something that indicates it’s yours.

The contracts you buy can be so general that you can’t enforce anything. Customers who take the time to read them often get turned off quickly and decide not to do business with you. I can’t overemphasize (if you haven’t noticed) how important it is to have a written contract, specific to the work you do so that you and the customer know just what to expect.

Often what happens is a foreman performs a service he thinks everyone would agree needs to be done. He does a good job, but doesn’t ask anyone for approval. Then, again without talking to the customer or contractor, he turns it in as an extra because it wasn’t part of the contract.

So, you bill it and the customer may even receive your bill before he even knows the extra work was done. This will drive customers out the door real quick. They lose their trust in you.

19. Does not develop PR with customers

20. Does not develop PR with employees

Developing public relations with residential customers is especially important. When you don’t stop and see that customer every day you’re working on their property (especially with installation work), you’re missing a bet.

You have to sell them everyday on what you’re doing out there is necessary or proper. You don’t have to PR commercial customer as much as you do a residential one.

If you have a bunch of unhappy employees, the client will know it. And if you are not building employee relations by various means, through bonuses, weekly meetings, showing them cost accounting for the jobs they’re working on and getting them involved in the company, them you’re not PR-ing your employees enough. They will be unhappy and they will not be team players. It will show every time somebody talks to them.

The contracts you use also need to be developed specifically for a landscape contractor. For example, they need to include a provision that voids plant warranties if bills are not paid within a certain time. Lawyers don’t know things like this, so they don’t write up contracts that cover the specific needs of your business.

18. Invoicing late When a job is complete, especially a small residential job, don’t wait a week to bill them or to the end of the month. Bill immediately when it’s done. That’s when it looks best, before they forget to water it, etc. If you don’t do that, you’ll be back there replacing materials while they hold their payment hostage.

Also be sure to bill extras as you go. If a job lasts a month and you have extras every week, you should bill them every week. If you don’t, customers tend to lose track of things beyond the initial contract. And when they get that one big bill it looks like they’re paying too much, and they object.

16. Uses contracts that are too general

Material Source: Pro Magazine: The Business Management Resource for Landscape Professionals.

GREEN FOR LIFE WINTER 2020 • 25

A Look Back at Our Association

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Nursery Ltd.

Tribute College

GREEN FOR LIFE WINTER 2020 • 26

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YO U R CONNECTION

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