THE FLOW. Upcoming Events. December 7th Top Golf Seamark Ranch Benefit 6:00 pm

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1 NUCA OF NORTH FLORIDA, INC. THE FLOW DECEMBER 2017 Upcoming Events INSIDE THIS EDITION December 7th Top Golf Seamark Ranch Benefit 6:00 pm January 18th Installation of Officers & Annual Awards Meeting River City Brewing Co. 6:00 pm President s Message 2 Calendar of Events 3 The Law & Your Business Clay Shoot Results Clay Shoot Sponsors Clay Shoot Photos & 7 NUCA News 8 Health Care Information 9 Safety News 11 New Members Featured Sponsor - ECS Engineering Consulting Services 12 15

2 2017 OFFICERS & BOARD OF DIRECTORS EXECUTIVE COMMITTEE President Marty Adams, TB Landmark President-Elect Mike Kivlin, John Woody, Inc. Vice President I Tim Clay, Petticoat-Schmitt Civil Con. Vice-President II Jennifer Setzer, United Service Connection Secretary/Treasurer Rob Pinkston, Ferguson Waterworks Past President Elliot Jones, A.J. Johns, Inc. General Counsel Tony Zebouni, Regan, Whelan, Zebouni & Atwood BOARD OF DIRECTORS Wayne Atkinson, County Materials Corp. Lauren Atwell, Petticoat-Schmitt Civil Con. Rick Erickson, Beard Equipment Company Mike Gruber, Ellis & Associates, Inc. Billy Hood, J. B. Coxwell Contracting Drew Lane, Advanced Drainage Systems Ed Porter, Barco Duval Engineering Ryan Pugh, Ferguson Waterworks Jarod Wolford, Martin Marietta Materials Jon Woodall, John Woody, Inc. Mike Woodall, John Woody, Inc. Dear Members, PRESIDENT'S MESSAGE It seems like yesterday that I sat down and wrote my first message, this past year sure has flown by. Personally, I ve experienced the complete circle of life this year; In March, I lost a family member to cancer, and on November 1 st, my first grandchild arrived. Talk about highs and lows. Our industry is going strong and next year looks promising. During my business travels throughout the southeast, everyone has seemed to be busy and the future looks bright. The one thing I ve noticed is a common problem with growth everywhere I go is: finding qualified employees to hire. That is why I will continue to push the NEXT MAN UP training program. If anyone with training needs wants to jump in and help, let me know. We have a ton of knowledge in this group and there is nothing wrong with sharing it, doing so will only make us stronger. Please remember to utilize this organization if you are having issues with topics related to our industry. This group has the numbers to be heard - after 11 months we were successful in getting the Construction Industry Licensing Board ( CILB ) to table the trenchless specialty license. Great job! I want to personally thank each and every one of you for all the support this past year. It s been a pleasure serving as the President this past year. I look forward to supporting this group as we all move forward. Stay positive, work hard, make it happen. All the best, Safety First! Sincerely, Marty Adams madams@tblandmark.com 2

3 2017 NUCA of North Florida Monthly Sponsors Platinum Sponsor Beard Equipment Company Gold Sponsor Standard Precast, Inc. Bronze Sponsors A.J. Johns, Inc. Ellis & Associates Franson, Iseley & Rendzio, P.A. John Woody, Inc. Petticoat-Schmitt Civil Contractors Sterett Heaving Hauling CALENDAR OF EVENTS December 7th Top Golf Event Benefit for Seamark January 18th Installation of Officers & Annual Awards 6:00 pm Feb. 4th to 6th Legislative Days Tallahassee, FL Feb. 22nd ASJMSF Bass Fishing Tournament March 6 to 9th NUCA Annual Convention San Antonio, TX April 3rd Golf Tournament St. Johns Golf & Country Club July 12 to 15th NUCA of Florida Conference Ocean Reef Key Largo, FL 3

4 The Law and Your Business - Specificity of Invoices By Anthony (Tony) Zebouni Often, a contractor performs a construction project in multiple phases for the same owner. Whether the work performed is prosecuted under multiple work directives, individual contracts or purchase orders a contractor, subcontractor or supplier should be mindful of the need for specificity in the submission of its invoices. For example, a contractor was engaged to construct the Interstate 595 Project. The contractor entered into a Rental Contract with a sheet piling supplier ( supplier ) in which the supplier agreed to rent steel sheet pilings to the contractor for the project. The Rental Contract specifically referred to the project as I-595, 3rd Section and stated that the agreement would become binding upon acceptance and execution of the contract or when shipments began. The Rental Contract also listed the monthly prices and specifications for the steel sheet pilings, but it did not state a specific amount that would be owed. The contractor continued placing orders and receiving invoices from the supplier. Apparently, the supplier provided sheet piling for all five sections of the project. Prior to a hearing for summary judgment, the corporate representative for the supplier testified that he could not determine from the invoices whether those costs related to I-595, 3rd Section or some other section of the project. Further, he was uncertain if the outstanding amount being claimed as due and owing for I- 595, 3rd Section exceeded $15,000, which is the jurisdictional minimum to bring a case in circuit court. The uncertainty regarding which section of the project applied to the invoices prevented a court from allowing a summary judgment to be entered, which likely resulted in delayed payment to the supplier and an increase in attorney fees and costs for all parties involved in the litigation. BK Marine Construction v. Skyline Steel and Great American Insurance Co. Thus, poor record documentation and inadequate deposition and discovery preparation can result in costly and inefficient litigation results. If the invoices had specifically identified the section of work referenced in the contract and the supplier s corporate representative was aware of the accurate costs associated with I rd Section, then the supplier would have likely obtained a more favorable result. 4

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7 CLAY SHOOT PHOTOS 7

8 NUCA s Annual Convention Heads To San Antonio NUCA is excited to announce its 2018 Convention and Exhibit, located in beautiful San Antonio, Texas! This year s convention features the return of the NUCA Exhibit, and is full of fantastic opportunities to learn, network with your colleagues from around the country and have fun all steps away from the San Antonio Riverwalk where you can walk, shop, dine and enjoy the hospitality of the world-renowned urban waterway in your free time!. Register today! Donate to the NUCA Foundation and Help Develop Future Workers for Our Industry Utility construction, like other construction segments, is suffering from an acute labor shortage in every market, which has created a clear and significant roadblock to bidding and performing work. Beginning in 2018, the NUCA Foundation's scholarship program will be expanded to include scholarship awards for students seeking vocational training tied to utility construction and excavation. Can you help us provide scholarships to prospective young people by giving to the NUCA Foundation today? Donations of any size will be put to good use in short order. Click here to donate. Free Webinars available on line Did you know that there are a number of free webinars available from Fighting Melanoma to How to handle an OSHA Inspection to Medical Marijuana today and more. Just go to the NUCA website and click on the Education tab. 8

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11 SAFETY NEWS By Jeff Blomgren Holiday Greetings While the holiday season is supposed to be the most enjoyable time of year and something we all look forward to as an annual event, there are some things that should be considered. Workers who are anticipating time off can become distracted by their plans and activities and easily become a statistic. What should be an enjoyable time becomes a burden when an injury incapacitates a wage earner. Prevention steps can start right now by concentrating on those days preceding holidays or vacations by including special emphasis on the possibility of distractions that accompany the event. It isn t only the current event that should be focused on. The return to work is just as important. After time off there should be a briefing specific to the return of employees after being off for more than the usual days during work weeks. This provides focus and direction to the workday and removes the accumulated cobwebs of leisure. Good things can be sustained by approaching them with anticipation, not only of the joy it provides us, but also by taking the precautions to protect and prevent anything that could compromise our joy. 11

12 NEW MEMBERS Please join us in welcoming the following new members who recently joined our association. Contractor Member Hager Construction Company 518 Herman Street Jacksonville, FL Contact: John Hager, President Phone: (904) Business: Excavation, Site Development, Sewer/Water Construction, Roadway/ highway/bridge Construction Associate Member Legacy Engineering, Inc Beach Blvd Jacksonville, FL Contact: John Ellis III, CEO Phone: (904) Business: Materials Testing, Engineering Services 12

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