punch list - sam-dfw.org

January, 2020 VOLUME 10, ISSUE 1

PUNCH LIST

EMPLOYMENT POLICIES - YOU GOTTA HAVE ‘EM!

Do you have written employment policies? How about an Employee Manual?

It’s simply amazing to observe how many employers don’t – and that’s just silly.

Many construction-related businesses have grown from small start-ups to being large employers with hundreds of employees at multiple locations, and to their way of thinking, the old way has worked, so why change? And, truth be told, it will work – until it doesn’t, at which point – hey – it’s too late!

Every employer should have well-defined and crafted employment policies, dealing with issues like vacation or paid time-off, reporting times, discipline for violation of attendance and how employees are expected to deal with workplace conflict. If you don’t craft a reasonable set of employment standards – and follow them – you can bet that, one of these days, you’ll get a costly education at the hands of a plaintiffs’ lawyer, a judge and a jury.

Your employment policies should be complete, they should be written, and they should be well-shared with employees. When employees are hired, ensure that the employment policies are provided to each newly-hired employee. A good practice is to have a new-hire checklist, on paper, covering all of the steps involved in bringing new employees into the organization. Besides getting the employee to complete a written Application for Employment (you are doing that, aren’t you?), you should be carefully examining the documents required to verify eligibility for employment and so certifying with the I-9 form you’ll be filing away, offer enrollment on any employee benefit programs (and documenting if the offer is declined), scheduling and confirming appropriate safety training, and of course, documenting that the employee has received his or her personal copy of the Employee Manual.

Being able to prove that you provided the employee with a copy of the Employee Manual can make a huge difference if (when!) you have a claimed violation of employment law by a disgruntled employee (aka, that guy who wouldn’t show up for work, and got fired). Be sure the employee has signed to confirm receipt of the manual.

Another factor often overlooked: be certain you have translations of your Employee Manual into the languages used by the employees (around here, that would be Spanish); proving a complaining ex-employee received an Employee Manual he or she can’t read is not much help!

An important element in any Employee Manual is a

defined and reasonable process for employees to follow in the event of a dispute. Having a clear process for reporting employee issues, and making certain there is an accessible and non-threatening process if the employee’s immediate supervisor is not responsive, can go a very long way towards heading off trouble.

For years, many employment policies sought to impose mandatory arbitration as the dispute resolution forum for employment disputes which were not resolved informally –and there are some pretty sound reasons for using arbitration. A qualified arbitrator can effectively apply the law to an employment dispute, without interposing the emotion and bias that can be introduced in a trial before a partisan court or a jury hell-bent on punishing the “rich” employer. Starting in the late 90s, however, the Clinton-era Equal Employment Opportunity Commission (EEOC) promulgated strong policies disfavoring mandatory arbitration in employment disputes. A policy statement published by the EEOC ion 1997 held that mandatory arbi-tration “harms both the individual civil rights claimant and public interest.” The net effect of the EEOC policy was that, even where an employee had agreed to expeditious arbitration of employment disputes, the EEOC could as a matter of policy still proceed with its own, independent investigation and enforcement. Not a good deal for employers.

The recent trend in court decisions chipped away at this doctrine, however, and the EEOC has just voted to rescind the employer-hostile policy document, recognizing the legitimate value and interest that properly-crafted mandatory arbitration provisions has in promoting swift, and reasonable, resolution of employment disputes. So – if you don’t have an arbitration provision in your Employee Manual, you might consider implementing one.

Ask your insurance broker whether you have Employment Practices Liability Insurance – it can be a lifesaver if you’re sued by an employee or ex-employee over employment issues. Like all insurance, it’s expensive until you need it – then it’s invaluable!

Sewall “Spike” Cutler Park Central 7

12750 Merit Drive Suite 1450

Dallas, Texas 75251 214.219.0800

YEAR IN REVIEW - 2019 LIENS

The Subcontractors Association of the Metroplex collects and compiles the information on the liens filed in Dallas, Tarrant, and Collin Counties as a service to our members. We review a summary of the information at every monthly meeting, and we store the information in a searchable spreadsheet on our website that is accessible to our members.

Since this is the beginning of a new year, we thought it would be valuable to take a look at 2019 as a whole.

Please contact Carrie Edomm if you would like to know more about a SAM Membership. Email: [email protected] Office: 972.482.6677 Direct: 817.266.1909

Lien Filed By Filed Against Property Location

Month Filed

Amount County

Steve Camp / Hill & Wilkinson Construction

Group

C.C. Young Memorial Home

4829 West Law-ther Drive

October $7,993,174.24 Dallas

Brandt Companies, LLC

Arlington Convention Center Development

Corporation

Lot 1B-1 in Block I of the Ballpark

Addition March $4,919,402.00 Tarrant

Kentucky, LLC (“SSK”) Exeter Bardin Land, LP 2310 East Bar-

din Road June $4,651,690.87 Tarrant

Brandt Companies Arlington Convention Center Development

Corporation

Lot 1B-1 in Block I of the Ballpark

Addition March $4,432,993.73 Tarrant

Joe Scott dba Wake-field / Beasley &

Assoc. Architects, Inc. Wade Park Land, LLC

Dallas North Tollway and

Lebanon Road June $4,031,042.72 Collin

TOTAL $26,246,326.56

AVERAGE $5,249,265.31

ALL COUNTIES - 5 LARGEST LIENS

ALL COUNTIES - 5 MOST LIENED OWNERS

Company Liened Property Location City Number of

Liens Total Amount

Megatel Homes, LLC 920 Waterview Drive Prosper 48 $229,943.75

Pulte Homes of TX, LP 11102 Ortega Street Frisco 39 $71,142.00

McKinney Hotel Venture 2630-2660 S. Central Expr McKinney 36 $2,464,908.46

Gala at Melissa, LP 2730 E. Melissa Road Melissa 26 $2,465,111.09

Frisco Blu Suites, LLC 9484 Frisco Street Frisco 22 $996,070.81

31 LIENS FILED AGAINST HARWOOD COMPANIES IN 2019

Lien Filed By Filed Against Property Location

City Amount

Greg Gillett / Suncoast Post Tension, Ltd.

FPG Harwood Garage, LP 45 Main Street,

Suite 800 New York $244,034.47

Doug Combes / Chamberlin Dallas, LLC



Melvin Smith / Smith Custom Masonry, Inc.



Melissa Huysentruyt / Sunstate Equipment Co., LLC

Harwood International 2501 North

Harwood St., Suite 1400

Dallas $15,421.73

Morsco, Inc. Harwood International 2501 N. Harwood

St. Dallas $112,449.54

Mooring Recovery Services Harwood International Center IV, LP 2501 North


Dallas $4,487,746.08

Emily Gunter / CMC Steel Fabricators, Inc.

Harwood International Center IV, LP 2501 North


Dallas $85,374.61

Deborah Durrett / Sun Crane & Hoist, Inc.



Dallas $179,000.00

Johnson Equipment Co. Harwood International Center IV, LP 2850 Harwood Dallas $35,515.80

Shan Vaden / Vaden’s Acous-tics & Drywall, Inc.



Dallas $4,031,042.72

Ashley Ridge / Top Cat Ready Mix, LLC



Dallas $110,714.86

Heather Petree / Peoplelink, LLC



Dallas $13,455.67

Josue Martinez / J&A Masonry Harwood International Center IV, LP 2501 North


Dallas $35,165.00

Rodney Leffel / Hi-Tech Electric Harwood International Center IV, LP 2501 North


Dallas $435,711.47

John Satterwhite / Lloyd D. Nabors Demolition, LLC

Harwood TX Partners 3424 Peachtree Road, NE Suite

300 Atlanta $24,968.70

Doug Combes / Chamberlin Dallas, LLC

WC 717 N. Harwood Property, LLC 401 Congress

Ave., 33rd Floor Austin $18,940.81

Edward Daves / Air Perfor-mance Service, Inc.

WC 717 N. Harwood Property, LLC 717 N. Harwood

St., Suite 300 Dallas $32,731.30

Total $6,563,792.61

2019 YEAR IN REVIEW

George McGraw Plains Capital Bank

Billy Neu Neuco & Associates

Don Weempe Master Construction and Engineering

Selena Zarate Groves Electric

Executive Director Carrie Edomm

Board of Directors Gary Ardis Anderson Asphalt & Concrete Paving

Doug Cook City Wide Mechanical

Paul Holden Facility Construction Services

Rocky Epps Complete Landsculpture

Eric Hernandez Independent Insurance Group

If you’re not a member of SAM, contact us for an application! [email protected]

Committee Chairs BPI: Gary Ardis Membership: Eric Hernandez Programs: Selena Zarate TCA Representative: Paul Holden Legal Counsel Spike Cutler Cutler-Smith, PC [email protected]

OUR ASSOCIATION LEADERSHIP

Subcontractors Association of the Metroplex P.O. Box 210261 | Bedford, Texas 76095

972.482.6677

TCA PAC EVENT February 5, 2020

PBR Texas at Texas Live! 1650 E. Randol Mill Road | Arlington, Texas 76011

5:30 - 8:30 p.m.

The Texas Legislature is involved in your business. Its decisions affect the way you do your business every day. It passes or

defeats laws involving your taxes, your tort liability, your contracts, your insurance protection, the roads you travel, the

education of your workforce, and a myriad of other issues. The Texas Construction Association PAC is organized primarily to

make contributions to individuals running for the Texas Legislature. If only your opponents have a PAC, you can rest

assured that they are not advancing your interests. Make plans to attend this event!

TCA LEGISLATIVE UPDATE

February 6, 2020

Bar Louie - Music Factory 360 W. Las Colinas Blvd. | Irving, Texas 75039

4:00 - 6:00 p.m.

Jennifer Fagan with the Texas Construction Association will speak to us about the Texas Primary Candidates and the Legislative Issues that the TCA is working on for sub-

contractors in Texas.

SAM Board Members attended TCA’s Walk on the Capitol. While there, we visited SAM Member Keith Bell with Intex. The next Walk on the Capitol will be in January, 2021.

Below: SAM hosted our first Clay Shoot Event in 2019! Mark your calendar for this year’s event on October 1.

Above: Our monthly meetings were well-attended in 2019. We relocated our Seminars to the Education Center at Park Central 7. We are excited to move to Bar Louie this year for our regular meetings.

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