Tag Archives: architect

2012 Construction Jobs That Are in High Demand (guest post) (Tue Tip)

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Today’s guest post is by Derek Singleton, ERP Analyst with Software Advice, a website that reviews construction software. 
 

The construction industry is undergoing a change–several states are showing positive signs of job growth. A June report released by the Associated General Contractors of America (AGC) indicates found that 20 states added new construction jobs. The catch, however, is the jobs that are available require highly skilled individuals. 

 

The chart above aggregates survey data of the top five anticipated engineering and skilled labor shortages from 2,223 construction industry professionals. As you can see, engineers of all types are expected to remain in high demand.To find out what’s driving job gains in the industry, I recently caught up with AGC’s Chief Economist, Ken Simonson. In my conversation with Simonson, he highlighted three key drivers to the current trends in construction employment.

  1. Low vacancy rates are spurring investment in apartment complex construction.
  2. The acceleration of natural gas extraction is fueling related construction job growth.
  3. Manufacturing investment is leading to new manufacturing facility construction.

So what kinds of jobs fit well with these market drivers? Below I’ll profile a few relevant professions that are currently in demand.

Apartment Complex Construction
Apartment construction requires nearly every kind of construction trade on the job. However, there are a few particular positions that are particularly high demand.

Architects: Efficiently building an apartment complex starts at the design process. With new apartment construction increasing, architects familiar with designing multi-family residences will be in high demand.

Carpenter: Naturally, carpenters are in high demand as more complexes are built they’re needed for everything from framing to setting crown molding.

Millwork: The millwork trade is in high demand to produce the doors, crown moldings, window casings, etc. needed to finish an apartment.

Electrician: Electricians that are familiar with multi-family electrical wiring are know how to run standard power distribution to lighting and other outlets in apartments.

Natural Gas Extraction
The growth in natural gas extraction from underground shales is also supporting new construction jobs. The majority of these jobs involve heavy construction or civil engineering.

Plumbing Engineering: Natural gas extraction is complex process that involves a lot of fluid dynamics. For this reason, drilling sites typically need a plumbing engineer to help figure out how to manage the hydraulics needed to extract gas from thousands of miles below the Earth’s surface.

Civil Engineering: Of course, effectively planning these roadways requires civil engineers that can effectively plan the infrastructure of these projects.

Manufacturing Facilities
Construction jobs are also being supported by the uptick in domestic manufacturing, which is prompting manufacturers to build new facilities in the U.S. As a result, there are two main professions that are in high demand.

Structural Engineering: Structural engineers are needed both for apartment construction and for manufacturing facility construction. These engineers need to be able to check facilities to ensure that buildings are up to code, and help amend design plans as construction is underway.

Iron work: Iron work professionals are needed to put together the large steel frames that facilities require. Within the iron work profession, welders are among the most in demand professions as certified welders are hard to find given that it can take several years to achieve certification. /

Electrician: Commercial electricians are needed when constructing a new manufacturing facility because of the need to install power and controls to motors and HVAC systems at the facility–in addition to run power distribution directly from the electrical grid.

Thanks, Derek, for your post.  Please comment below, or check out Derek’s map of construction employment by state and comment there. 

And, be sure to pick up your copy of “7 Critical Mistakes that Engineers & Architects make During Project Negotiation and Execution that Sabotage their Projects & Invite Litigation” by signing up for email updates on blog posts or by sending me an email at mbrumback at rl-law dot com.

Play Nicely in the Sandbox (or, Why GC’s and Subs Should Get Along) (guest post)

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Chris HillToday’s guest post is from Christopher G. Hill, lawyer, Virginia Supreme Court certified General District Court mediator and owner of the Richmond, VA firm, The Law Office of Christopher G. Hill, PC, a LEED AP. Chris authors the Construction Law Musings blog where he discusses legal and policy issues relevant to construction professionals. Additionally, Chris is active in the Associated General Contractors of Virginia and a member of the Board of Governors for the Construction Law and Public Contracts Section of the Virginia State Bar.

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First off, thanks to Melissa for this opportunity to post here at Construction Law in North Carolina. Having co-presented with her and discussed construction contracting from all perspectives, I can safely say she’s good at what she does and shares great insight here at her blog.

Now that the formalities are out of the way, I thought I’d share my thoughts as one who represents many subcontractors and general contractors on the topic of good relationships meaning good business. I am always a bit surprised at the failure of either side of the GC/Sub dynamic to act in a businesslike manner.

Remember, the General Contractor and the subs are in the boat together in many ways. They both have a job to do and, ultimately, an owner at the top of the payment food chain that is looking to get a project done on time. Ultimately, they both have an architect/engineer representing the owner that may or may not be up on the job (sorry Melissa) and may not be trained in project management. If the general and its subs aren’t “playing well in the sandbox” together, the relationships up and down the project chain get all out of whack and cause delays in completion and importantly in payment.

Another phenomenon that happens more frequently than I would like is the general contractor “burning” good subcontractors in an area through making payment (particularly final payment) difficult to receive. While this type of activity occurs on what I am sure is the minority of projects (and fully acknowledging that my practice makes me think that Murphy was an optimist) I am always flabbergasted by this sort of treatment given to a subcontractor that should be helping pull the boat.

While it is obvious that subs need to play nice with GC’s because they have the money, it may seem less obvious how the above can hurt a general contractor. The short answer (and don’t worry I won’t be going into the long one) is that burning good subs eventually means that good subs won’t work with you. Subs talk to each other. Your reputation will precede you. Eventually the economy will improve and you won’t be the only game in town. Not to mention that such actions are the stuff of which claims are made.

In short, getting along costs your local construction lawyer money because he or she doesn’t get to go to court for you. It is almost always less expensive to get along, finish the job and work out payment than to get we attorneys involved in the construction claims process.

To make a long story somewhat less long, GC’s work with the subs and subs, play nice with the GC’s. It’s the best way to a lower stress project and a higher monetary payoff.

Thanks, Chris, for your insights from the contractor’s side of things.  Even if you did (politely) slam the hard-working design professionals.  Reader, now it’s your turn.  Share your thoughts, comments, or questions with Chris or me in the comment section, below.

Architects & Engineers – Are you committing a Class 2 misdemeanor without realizing it? (Tue Tip; law note)

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handcuffsBuried within the general contractor provisions of the North Carolina General Statutes is a little-known provision that can get architects and engineers in hot water.  If you recommend to a project owner anyone who is not properly licensed under the general contractor statute, you have committed a Class 2 misdemeanor.  Really!  Here is the pertinent language:

§ 87-13. Unauthorized practice of contracting; impersonating contractor; false certificate; giving false evidence to Board; penalties

Any person, firm, or corporation not being duly authorized who shall contract for or bid upon the construction of any of the projects or works enumerated in G.S. 87-1, without having first complied with the provisions hereof, or who shall attempt to practice general contracting in the State, except as provided for in this Article, and any person, firm, or corporation presenting or attempting to file as his own the licensed certificate of another or who shall give false or forged evidence of any kind to the Board or to any member thereof in maintaining a certificate of license or who falsely shall impersonate another or who shall use an expired or revoked certificate of license, and any architect or engineer who recommends to any project owner the award of a contract to anyone not properly licensed under this Article, shall be deemed guilty of a Class 2 misdemeanor. And the Board may, in its discretion, use its funds to defray the expense, legal or otherwise, in the prosecution of any violations of this Article.

However, there is also some relief in the same statute, which provides that:

No architect or engineer shall be guilty of a violation of this section if his recommendation to award a contract is made in reliance upon current written information received by him from the appropriate Contractor Licensing Board of this State which information erroneously indicates that the contractor being recommended for contract award is properly licensed.

Has this issue ever really been litigated?  Yes, it has.  While I cannot point to reported cases, I will tell you that I have had this become an issue – more than once – in my practice.  Each time, the design professional knew that the entity involved had been a licensed general contractor, but the entity had lost its contractor’s license before the particular project at issue.

Take-away:  Even if the general contractor is the largest and most well-known in the state, always, always, always check with the Licensing Board to confirm that a general contractor is in good standing before making any recommendation to a project owner.  Just in case.  Since Consider it two minutes well spent.

Questions, comments, experiences with this statute?  Share in the comments section of the blog.

Photo (c) Riki Maltese via CC

 

 

 

When is a Construction Project truly “Complete”? That depends. (law note)

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Crossing the finish line

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Long-time readers of the blog may remember my earlier post on substantial completion.  However, in looking over my blog stats to see what search terms lead people here, it looks like this is hot topic.  The blog searches came in two general categories:

1.  Those searching strictly for a definition of substantial completion.  Some examples:

  • What does “substantial completion” mean?
  • when does a building achieve substantial completion
  • contracts “substantial completion”
  • substantial completion undefined
  • when is a project substantially complete

For those of you who want a definition, I refer you to my earlier post.  Essentially, however, the term is not always defined, which can be part of the problem.  If you are using AIA contract documents, there is a built in description that defines it as when the Owner can occupy or use the building.  Even the AIA definition, however does not state that there must be a permanent or temporary certificate of occupancy before substantial completion can occur.  While some might presume that a certificate of occupany is required, better practice would be to include language that specifically states that substantial completion also requires that the Contractor deliver to the Owner a certificate of occupany. This leads to the second major category of blog search terms related to substantial completion:

2.  Those looking to compare substantial completion with certificates of occupancy.  Examples include:

  • certificate of substantial completion vs certificate of occupancy
  • substantial completion or final completion
  • completion vs substantial completion
  • construction certificate of substantial completion

This can be a confusing distinction, but in reality the two are generally unrelated to each other [unless you state that a Certificate of Occupancy is part of the Substantial Completion process.] A Certificate of Occupancy is issued by the Building Department official when the building fulfills all requirements to be safely occupied.  In contrast, a Certificate of Substantial Completion is requested the contractor and granted by the architect.  Sometimes things that need to be completed before the architect can issue a certificate of substantial completion do not prevent the building of receiving Certificate of Occupancy.  [Unless, that is, you are in an odd jurisdiction, where a Building Inspector will demand a Certificate of Substantial Completion before issuing a Certificate of Occupancy.] A final note:  for those who were wondering about Final Completion, this occurs after the final inspection; i.e., after the architect verifies that the punch list is complete and all contract terms have been met.   [The punch list work can be conducted while the Owner has beneficial use of the building.]  At Final Completion, the final Certificate of Payment is issued. Confused yet? Drop me a line.  And, share below:  what has been your experience with certificates of occupancy and whether or not they relate to substantial completion?

Photo (c) Euromotorworks. 

 

Got a Job Offer? Now What? Engineers and Architects: Think Before You Sign ! (guest post)

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Today, we have a guest post by Hayley Spencer, a freelance writer and attorney, on behalf of Martindale.com. She enjoys writing articles on contract law, law careers, and employment agreements.

Got a Job Offer? Now What?  Engineers and Architects: Think Before You Sign!

Architects & Engineers are not immune from employment agreements.  Those who go to work for a larger companies, especially, may be required to sign a contract of employment.  This form may be standard and identical for each employee, or each employee may have a contract with the employer that applies solely to him or her. Alternatively, there may simply be an oral contract about the type of work the employee will perform, benefits to be provided, and bonuses which are applicable.  If there is no oral or written form of agreement, the behavior of the professional parties involved can be identified as an implied employment contract. Some relationships may be that of a traditional employer and employee, while others may be set up as some type of an independent contract. Regardless of the specific details, it is always wise to have a qualified attorney review all such agreements before you sign them.

shaking hands on employment agreement
Why Do Engineers and Architects Need Employment Agreements?
Barring terms and policies that are actually illegal, anything and everything can be integrated into these types of agreement. Nonetheless, for engineers and architects, the law provides several safeguards regarding what can and cannot be negotiated upon as terms of employment. Furthermore, due to the gradual decrease in unemployment rates, employers have had to propose contracts for transitory workers loaded with language to safeguard them as much as possible. The sheer volume of potential variation, therefore, makes written contracts wise.

What Should You Consider Before Signing an Employment Agreement?
There are several particularly important regulations and policies of which you should be aware before signing any type of employment agreement.

First, is there a probationary period? Professionals do not just utilize probationary periods to analyze their new recruit’s fit. Setting a probationary time frame enables them to dismiss for purposes that would otherwise be inconsistent or inadequate.

Second, are oral offerings included in the contract? As with any relationship, optimistic forecasts of the future are common at the beginning of a work relationship. Nonetheless, your attorney can guide you through a list of solutions for engineers, architects and other specialists if employers’ pre-employment expressions were created negligently or if promises did not materialize.

What Common Aspects of an Employment Agreement are Generally Acceptable?
A professional confidentiality agreement is a part of a contract wherein the engineer or architect promises never to share any data regarding the details of how the employer’s enterprise is carried out, or of the employer’s confidential procedures, plans, solutions, information or equipment.

Similarly, a non-competition clause generally states that for a specified amount of time following the date the engineer or architect stops working as a part of the company, that person will not become employed by a competing firm or a firm focusing on an identical form of business.

An ownership of inventions clause applies to specialists who create or invent something as part of their work. By agreeing to this type of clause, the worker agrees that anything he or she creates while employed, or during a specified period of time following the contract termination, is treated as the creation or invention of the company and not that of the engineer or architect.

A no extra compensation clause specifies that if the worker becomes some type of executive or manager for the firm, he or she will not be subjected to extra compensation for accomplishing these duties.

Conclusion

 Of course, this brief guide will be insufficient to help you navigate all the potential issues involved with these types of employment contracts. Their details can vary widely, so seek out a professional for assistance.

Thank you, Hayley, for your post.   North Carolina employees should be aware that unless there is a specific employment contract, you are generally an “at will” employee.  That means that you can be fired for any reason or no reason whatsoever, so long as it is not due to your being a member of a protected class (race, religion, sex, etc.).  Also, covenants not to compete must be deemed reasonable to be enforceable.

 Any questions for Hayley?  Please post, below.  And, if you haven’t already, please sign up to get email delivery of all posts directly to your mailbox, by going to the sign up form.  At the same time, you’ll get the download link to my free white paper on the 7 Critical Mistakes that Design Professionals Make during Contract Negotiation and Execution that Sabotage their Projects & Invite Litigation.

Photo: (c) Aidan Jones via Creative Commons license.