Search Results for “Quinn Murphy” – St. Louis Construction News and Review

Surviving the Perfect Storm: Five Ways to Handle Contractual Disagreements over Instructions to Proceed

Published on March 8, 2023

Columns/Law

By QUINN MURPHY

Few events strike fear into captains and sailors like a perfect storm. In sailing parlance, the perfect storm happens on rare occasions when warm air approaches from one direction, cool dry air approaches from another and both combine with an existing tropical hurricane. While typical hurricane winds can average 50+ mph, the combination of these three elements can result in winds exceeding 150+ mph. A captain attempting to navigate a perfect storm has few options. Death and destruction are virtual certainties.

One such event took place in 1991 off the cost of Massachusetts that was detailed in Sebastian Junger’s hit novel The Perfect Storm. For several weeks, storm trackers and hurricane enthusiasts had been tracking an approaching hurricane, but they did not anticipate the simultaneous combination of conditions that resulted in a catastrophic hurricane for the record books. Once combined, this super-hurricane yielded winds over 75 mph and 100-foot waves, destroying ships and everything else in its path. The event eventually gave birth to what is now called the perfect storm.

Construction projects are rife with their own storms. Experienced contractors know that the ability to adjust to changing project conditions separates average contractors from those that can consistently deliver for owners. Competing objectives and project conditions often change in real time with little warning. Navigating weather storms is no task for the faint of heart. Neither is project management. And yet, some of the most common storms that contractors encounter have their genesis in very common contract provisions agreed to long before ground is ever broken. Proficiently navigating project conditions that trigger these two contractual provisions can ultimately determine both project and business viability.

The Contract Provisions

Most construction contracts contain provisions that require contractors to expeditiously prosecute changes in the work as instructed by the upstream contractor. These same contracts also contain provisions requiring changes in the work to be memorialized by change order and, where there is disagreement about price or deadline extension, through a dispute resolution process.

The Perfect Storm

When a change in the work is instructed, the contractor has no choice but to proceed expeditiously as it has contractually agreed to do. But often the upstream contractor does not agree on price or extension, and there simply is no time to resolve their disagreement and keep the project on track. This problem is only exacerbated if payments are already late and contractors find themselves in the crosshairs of an instruction to proceed notwithstanding no written agreement as to the resulting time and cost. In these instances, the contractor faces a catch 22 in which it must decide whether to prosecute the work and risk non-payment or refuse to prosecute the work and risk a claim for delay. For the unfortunate contractor, this is the perfect storm.

Navigating the Perfect Storm

If there were a simple answer to the perfect project storm, it wouldn’t be perfect. But a contractor seeking to minimize its risk and preserve its legal entitlement to full payment should employ the following five strategies:

Preemptively revise the contract. Require expedited approvals for changes taking place after mobilization and require such approvals to “not be unreasonably withheld” to secure legal footing to claim an increase in the contract sum or extension of the completion deadline.

Communicate early and often. Request an immediate meeting with your upstream contractor and ask for all decision makers to be present for efficiency. Document your meeting requests, and draft meeting notes and circulate to all persons in attendance. If an agreement is not reached, the documentation you created will support your good faith and strengthen your claim in litigation.

Document your non-delay. Through email, letter, project notes or otherwise, create documentation of your non-delay. Consistently confirm readiness to proceed with work and your commitment to timely project completion. Understand that documentation created at the time of a disagreement is often valued more by juries than testimony at trial.

Maintain your mechanics lien rights. No matter what, maintain your lien rights. If you have to file your lien before the project (or your work) is complete, do it. Your lien rights are your most powerful form of security for payment. Do not allow your lien rights to expire based on “promises to pay” that may not come to fruition. You can always negotiate a lien release as part of an acceptable payment resolution.

Document Prior Breach. If you are going to refuse to proceed with the instruction without an agreement, simultaneously document prior breaches by the upstream contractor as well. In most states, a previously breaching party is prohibited from strictly enforcing the provisions of a contract it has already breached, so a properly documented prior breach (untimely payment for example) can potentially justify your refusal to proceed.

There are no simple solutions to addressing the contractual risk associated with instructions to proceed without full agreement. But by utilizing these five strategic methodologies, experienced contractors may safely navigate deep waters and survive the perfect storm.

Quinn Murphy heads both the construction and receivable recovery industry teams at Sandberg Phoenix & von Gontard P.C. He represents contractors in non-payment claims in all 50 states and in helping contractors create internal collections policies that maximize net recovery. Murphy can be reached at qmurphy@sandbergphoenix.com.

Litigation Poker: Five Contract Provisions That Tilt Litigation Odds in Your Favor

Published on February 16, 2023

Columns/Law

By QUINN MURPHY

For years the debate has raged: Is poker a game of chance or a game of skill? In most countries poker is still legally regarded as a game of chance over the vehement objection of professionals, who argue it is a game of skill and should be respected as such. The professionals most prevalent “skill argument” is that it is a game of skill because the poker player’s opponents are the fellow players, not the house. Because human nature is understandable, predictable, and can be strategically manipulated, poker professionals believe that skill (not luck) determines outcomes. In the movie Rounders, Matt Damon’s character is quoted as saying that in poker, “If you can’t spot the sucker in your first half-hour at the table, then you are the sucker.” The implication is that players who don’t understand the controllable variables of the game should never sit down at a poker table.

Successful construction litigation strategy is just as nuanced as poker. In certain instances, being the litigation aggressor appears to pay dividends while in other instances, it only increases costs. But the truth is, succeeding in construction litigation is about knowing your opponent better than he knows you. It is about understanding your opponent’s tendencies, predicting his or her reaction to certain actions and inactions and strategically manipulating those tendencies with factors you control before you ever see the inside of a courtroom. And few tendencies are more predictable than your litigation opponent’s desire to minimize risk/cost and maximize reward. And hedging against these tendencies can, and should, take place at the time of contracting by strategic inclusion of the following five provisions:

Mediation Provision

Mandatory mediation provisions require the parties to participate in mediation before initiating arbitration or litigation. Mediation allows the parties to hear each other’s legal and factual position before incurring further costs and permits a mediator to attempt to negotiate an early voluntary resolution. Mandating contractual mediation adds an additional step that slows the timing of payment, and costs both parties’ attorneys’ fees and (normally) half the fees of a qualified mediator.

Advantage: Mediation favors parties holding funds as delay can exacerbate cash flow concerns among those demanding payment. Mediation will also benefit financially strong parties in that it allows an early evaluation of an opponent’s liquidity and financial desperation. Information presented at mediation (e.g., payment plan duration, demands for large down payment) are “tells” that can allow more financially stable parties to secure more favorable settlement terms. Most mediators require an advance deposit, so the initial cash outlay can incentivize the claimant to compromise more heavily to avoid the initial out of pocket expense.

Arbitration Provision

Like mediation, requiring the parties to arbitrate can be time consuming and costly. While commonly considered to be less expensive than litigation, the process is rarely less time consuming and often equally burdensome. Filing fees for the American Arbitration Association can range from $2,000 to more than $10,000 depending on the amount of the claim, which can be a significant obstacle to pursuing dispute resolution through the AAA if required by contract. Importantly, any arbitrator’s award must be registered in Court for collection through initiation of a typically expedited form of litigation, which only adds to the overall cost of arbitration.

Advantage: As with mediation, the timing and often significant up-front cost of initiating arbitration typically favor parties withholding funds creating negotiating leverage against claimants seeking payment. Specifying the location of arbitration in a party’s “home forum” can create inconvenience and further negotiating leverage.

Forum Selection Clause.

Forum selection clauses require all litigation between the contracting parties to be brought in a particular state forum and court.

Advantage: For projects that require work across state lines, requiring an opponent to litigate outside its home state can create significant strategic advantage to the home state litigant. Out-of-state contractors will need to retain a local attorney, witnesses will need to travel for depositions and trial, the out-of-state contractor may be general unfamiliarity with local litigation and trial practice, and the time and administrative inconvenience can create negotiating leverage that significantly favors the local litigant.

Prevailing Party Provision.

Prevailing party provisions require the losing party of a lawsuit or arbitration to pay the legal expenses of the prevailing party, including attorney’s fees.

Advantage: The risk of having to pay damages and your opponent’s attorney’s fees greatly increases both parties’ risk exposure. This increased risk creates a disincentive for pursuing smaller disputes and incentives both parties to compromise in negotiation.

Indemnity and Hold Harmless Provision.

Indemnity provisions require one contractor to reimburse another contractor for losses covered by the provision. Hold harmless provisions require that contractor to pay the attorney’s fees and costs of the contractor having to defend and seek indemnification.

Advantage: Requiring an indemnify and hold harmless provision creates significant risk exposure for contractors which, in turn, can discourage small claims and encourage compromise in lieu of litigation. While the impact of this provision is equal, financially stable litigants may be more able to risk paying its opponents damages/fees/costs than smaller, less stable contractors. This contractually increased risk exposure can be exploited to create leverage and drive settlement.

As with poker, successful litigation strategy is as much about creating favorable odds as it is any particular strategic decision. Many of these odds are created at the time of contracting, long before any actual dispute arises. Strategically including these five provisions in your construction contracts will give you a meaningful litigation advantage that helps put your litigation adversaries on tilt.

Quinn Murphy heads both the construction and receivable recovery industry teams at Sandberg Phoenix & von Gontard P.C. He represents contractors in non-payment claims in all 50 states and in helping contractors create internal collections policies that maximize net recovery. Murphy can be reached at qmurphy@sandbergphoenix.com.

Construction Collections 101: Five Ways to More Effectively Pursue Collections

Published on November 28, 2022

Law

By QUINN MURPHY

There are few commonalities in construction. The phrase “no two projects are exactly alike” permeates the industry and is on the tip of every bidding contractor’s tongue. The truth is, every project is just as unique as the conditions that surround it, and because those conditions are rarely identical, similarity is rare.

But if there is one commonality in the construction industry, it is contractors’ need to efficiently collect payment for work performed or labor/materials provided. Payment delays pervade the construction industry and have only gotten worse during the pandemic and globalization of construction supply chains. Creating a system to efficiently pursue payment is critical to long-term success in the industry. Collections can make or break a project and ultimately make or break a contractor. But many contractors don’t know where to begin with construction collections. The process is stressful, expensive and all too often unproductive, creating a very real sense that deciding when and how to pursue collections should be based on a “gut feeling,” reading the proverbial tea leaves or a random flip of a coin.

But the truth is, effective collections require planning, intentionality, discipline and partnering with collections professionals who are committed to these principles for the contractor’s sole economic benefit. While there is no “one size fits all” corporate collections policy that can be implemented across contractors, trades and industry professionals, there are common methods and tools that help contractors recoup payment and maximize net recovery. Here are five of these methods:

Effective collections requires a plan, so have one.

Start to think of collections as an investment, for which a healthy return is both anticipated and expected. You wouldn’t invest in the stock market without a well-defined and thought-out plan, so don’t invest in collections without one either. Many contractors “trust their gut” about which payments to chase and which to let go. Resist this urge. You earn your money through experience and expertise; collections professionals do the same, so utilize that expertise to create a plan that you and your accounting folks can reasonably believe will recoup the money that rightfully belongs to you.

Set AR parameters for collections, then revisit them every six months.

Set well-defined parameters for which amounts you will pursue and which you will let go. Set these parameters before the frustration with non-payment sets in on any particular project. Perhaps a contractor may decide to pursue any receivable over $10,000 that is more than 30 to 45 days overdue. The particular parameters aren’t as important as the discipline of holding yourself to the policy without exception. Then revisit the policy every six months and adjust those parameters to maximize your net recovery.

Request payment bonds at project onset and send notices of intent.

For bonded projects, always request a copy of the payment bond at the onset to avoid delay if you need it later on. For non-bonded projects, state mechanics’ lien statutes can be confusing, often inconsistent and complex. There is no realistic way for a contractor to learn or adequately digest the legal nuance of precisely what is required under each state law where projects are located. Some states require notice of intent to lien, and some don’t. If you are a contractor operating in multiple states, make it a policy to calendar and serve a notice of intent to lien at the very onset of all projects. This will assure your compliance in states that require it and will have no negative impact in states that don’t.

Analyze collectability pre-suit.

Many a contractor has won at trial only to be told that the defendant has no assets and is effectively judgment-proof. We recommend you flip this analysis on its head and run asset searches through counsel on debtors before referring the matter to an attorney or collections professional. A dollar saved is no less valuable than a dollar recovered, so ask for pre-suit asset searches and collectability analysis to avoid throwing good money after bad. Focus on debtors that have robust bank accounts, largely unencumbered real property or expensive equipment that you can lien and sell to maximize recovery.

Should I use a collections agency or attorney? Both.

One common dilemma for contractors is determining when to send receivables to an attorney versus collections agency. As a general rule, collections agencies (operating on contingency fees) are better suited for smaller receivables and attorneys for larger ones. The reason is purely economic. If a contractor assigns a $10,000 receivable to a collections agency who writes a half-hour demand letter and collects, the contractor pays that collections professional $4,000 (40 percent) for writing the letter rather than $100 to $200 (one half-hour of time) for an attorney to do the same thing. On the other hand, a collections agency can chase smaller receivables longer without incurring any additional cost unless they recover. In the end, both are important partners in a contractor’s collections toolbox that should be utilized where they are most efficient and effective. As a general rule, most contractors refer receivables under $10,000 to collections agencies and over $10,000 to attorneys, but this should be tracked and revisited periodically to adjust allocation to the most productive debt collector.

No collections system is perfect. All are a work in progress. But by utilizing these five ways to more effectively pursue collections, contractors can recoup payments and maximize net recovery for years to come.

Quinn Murphy, heads both the construction and receivable recovery industry teams at Sandberg Phoenix & von Gontard P.C. He represents contractors in non-payment claims in all 50 states and in helping contractors create internal collections policies that maximize net recovery. Murphy can be reached at qmurphy@sandbergphoenix.com.

People On The Move In The Local Construction Industry

Published on August 22, 2017

Homepage Primary/People

The latest People in the News highlighting new hires, promotions, honors & recognition of the men and women in the St. Louis building community.

Ryan Brockmann Joins McGrath & Associates as Project Engineer

McGrath & Associates has hired Ryan Brockmann of Marthasville, MO, as project engineer. Brockman has 12 years of experience in real estate development, remodeling and restoration. He has a Bachelor of Science in Finance from Missouri State University.

McGrath & Associates is a 100 percent employee-owned general contractor and construction management firm specializing in commercial, health care, industrial, institutional and pharmaceutical construction projects since 1983.

Benoy Announces Appointment of Barry Spencer Hughes as Design Director

With over 25 years’ experience in design, Barry has a strong design-led portfolio having worked on significant large-scale, mixed-use projects spanning markets and typologies.

“I am excited to have joined the Benoy team, and look forward to building on the firms national and international reputation for providing excellence and innovation in our built environment,” says Barry Spencer Hughes, Design Director, Benoy.

“The appointment of Barry fits brilliantly with our business objectives for America. Barry brings energy, passion, creativity and drives us forward as a cutting-edge design team. His previous experience includes award winning mixed-use, retail and transport projects. Barry also brings a great reputation in designing tall buildings – an area of increased interest for Benoy. These are exciting times within the industry, and alongside Barry, we have appointed eight new directors in the last 18 months, adding to our width and depth of skills to provide new, creative and often commercial problem-solving design thinking,” says Tom Cartledge, CEO, Benoy.

Primarily based at the London campus, Barry will shape Benoy’s global design message, while expanding the business in America. “Benoy’s experience and reputation in mixed-use and transportation led projects will be a great entré into the US market. We have a proven track record of creating great places all over the world, and I look forward to helping continue that tradition back home,” comments Hughes a US citizen who has been working out of London for the past 15 years.

“We are delighted to have Barry in Benoy. He will quickly be an integral part of the team, principally leading our design message globally and in the US. His inspiring design solutions, ideas and approach align well with the next phase of Benoy’s brand development,” says Penny Illston, Head of Global Talent, Benoy.

Continuing Education Allows for Employee Growth at IMPACT Strategies

Senior project Manager Mike Voss of Glen Carbon, Ill. completed the AGC of Missouri Leadership Academy. Voss was chosen by an AGC selection committee to complete the course, which focused on building awareness and proficiency in business and developing skills that will translate into strong project team leadership.

IMPACT Strategies became a licensed general contractor in the State of Alabama when project manager Scott Manning, a resident of Troy, Ill., recently completed the required testing. The test was comprised of the Alabama Business and Law exam and the National Commercial Building Contractor Examination (NASCLA).

Project engineer and Fairview Heights resident Kyle Stigler finished three courses as part of the AGC of America Project Manager Development Program sponsored by the Southern Illinois Builders Association (SIBA) in conjunction with the Southern Illinois Construction Advancement Program. This five-course program covers the essentials of project management, providing a solid foundation for long-term career development.

Project engineer intern Jordan Grant of Edwardsville spent time in the IMPACT office and in the field this summer, gaining experience in all phases of a project from start to finish. “There isn’t a classroom that could have provided me with the knowledge and experience I’ve gained this summer here at IMPACT,” said Jordan. Jordan is currently in his junior year at SIU-Edwardsville, majoring in Construction Management.

IMPACT Strategies, Inc. specializes in Retail, Commercial, Medical, Senior Housing and Education construction and offers comprehensive construction services including design-build, general contracting, construction management and pre-construction management.

Eric Mersmann Named Director of Interiors for HOK’s Growing St. Louis Practice

Eric Mersmann, formerly of Perkins+Will in Chicago, has joined HOK as the Director of Interiors in the St. Louis practice. Eric began his over 25 year career in St. Louis and is excited to return bringing with him his experience from his diverse portfolio and knowledge from the variety of positions he’s held.

Mersmann joins the St. Louis practice at a time of robust growth as the St. Louis studio was recently ranked as the region’s largest interior design firm and largest architecture studio by the St. Louis Business Journal. Eric will continue to propel the interiors team to even more success through his leadership and mentorship on projects such as the Microsoft Technology Center in Cortex, Clayton on the Park and BJC HealthCare Washington University Medical Campus Renewal project.

Recent additions to the Trivers team

Trivers recently announced the following additions to the Trivers team:
• Melisa Betts, Assoc. AIA, Architectural Designer
• Rylie Davis, Washington University Architectural Fellow/Architectural Designer
• Jonas Gassmann, Architectural Designer
• Maggie Hayden, LEED® Green Associate, Architectural Designer
• John Pitman, AIA, Project Architect
They also want to thank intern Tianyi ‘Meo’ Zhang for spending the summer with them.

Western Specialty Contractors Promotes Nick McAlpin to Branch Manager of its Orlando, FL Branch

Western Specialty Contractors announces the promotion of Nick McAlpin of Enterprise, FL as Branch Manager of its Orlando, FL branch office.

McAlpin replaces former Orlando Branch Manager Chester Scott, who has been relocated as Branch Manager of Western’s Atlanta, GA branch.

Established in 1987, Western’s Orlando area office provides such commercial specialty services as concrete and masonry restoration, waterproofing, epoxy and chemical grout injection, expansion joint systems, exterior wall coatings, historical restoration, plaza and parking deck restoration and urethane grout injections.

McAlpin will be responsible for running the branch office, which will include marketing, sales, estimating, oversight of operations and administrative functions, safety of all branch employees, and productivity of office staff and field crews. Additionally, McAlpin will be responsible for ensuring the branch’s profitability by forecasting and managing the budget, identifying market trends, ensuring quality control and building/maintaining customer relationships.

McAlpin has been with Western Specialty Contractors for 14 years, having previously held the positions of laborer, mechanic, foreman and superintendent. He is a member of the Building Owners and Managers Association (BOMA) and the International Concrete Repair Institute (ICRI).

Family-owned and operated for over 100 years, Western Specialty Contractors is the nation’s largest specialty contractor in masonry and concrete restoration, waterproofing and specialty roofing.

August 18, 2017

Winco Window Announces Retirement of John Campbell as President of the Company

Winco Window Company announces the retirement of John Campbell as the company’s president. Campbell was hired in May, 1995 as Production Control and Scheduling Mgr.. Prior to joining Winco, Campbell worked at several other window companies, enabling him to bring significant knowledge and experience to Winco.

Campbell formerly worked at Alcan Aluminum Co. in Owensboro, K, Nashville, Tenn., Rome, Ga. and Warren, Ohio; then White Star Aluminum in Pensauken, N.J.; Peerless Products in Fort Scott, Kan.; then Sugar Creek Window and Door in Sugarcreek, Ohio before joining Winco.

“John has been steady at the wheel since day one,” says Gantt W. Miller III, AIA and CEO of Winco. “We hired John knowing that he would one day run the company for us. His manufacturing, engineering, product design expertise and information systems experience was the catalyst for our current operational systems and standards.”

Integrating computer technology, software development and in-house programming of numerous operational functions were among Campbell’s major accomplishments at Winco. His ability to create sophisticated internal systems played a key role in providing solutions for larger jobs. “John was the one to manage the minute details, yet keep his eye on the big picture,” adds Miller. “Customer satisfaction remains paramount to John.”

Credited with adding structure to Winco’s new product development, Campbell helped move Winco from a standard product offering company to one that provides unique and technically sophisticated window and wall solutions. “John was actively involved in developing Winco’s hung window — a popular product in much demand today — and then worked tirelessly to push Winco into the specialty custom market with historic replica, tornado, hurricane, blast, psychiatric and ballistic products,” according to Miller.

Campbell has noticed a major shift in the fenestration business during his long career. “It used to be, you simply sold windows,” he says. “Now, multiple people are involved in the production of one window and the sales process extends far beyond the actual sale. The line in the sand is blurred between the owner, the installer and the manufacturer. We must all work as a team to make sure the windows protect the building and provide comfort for the occupant – it’s a shared responsibility.”

Winco is beginning the search for Campbell’s replacement, both internally and outside the company. During the transition, John will continue to be actively involved with the company. “John is committed to a smooth transition at the helm,” says Miller. “He shares our confidence in the future of Winco in a market that is strong and a team of employees and reps that are dedicated and committed to excellence.”

John is moving his residence from the St. Louis area to his hometown of Owensboro, Ky., where he and his wife, Kathryn Robertson Campbell, met 48 years ago. Even though he will retire as president, Campbell plans to explore new business and marketing opportunities for Winco in the Kentucky market. He will also continue to consult with Winco’s management.

During his time with Winco, John and his wife Kathy lived in Columbia, Ill. Both John and Kathy have been active in community theater for years, as actors and directors. John is a member of the Monroe Actors Stage Company (MASC) in Waterloo, Ill., and he currently serves as President for its Board of Directors. Campbell is a 1974 graduate of Western Kentucky University, where he studied Theatre Arts.(He met his wife at the Community Theater in Owensboro, where he was involved in community theaters in Kentucky, Georgia, Ohio, New Jersey and Kansas, prior to founding the MASC. Together, they have produced 89 full length plays and musicals since founding the stage company in 1999.

Castle Contracting Promotes Aaron Retherford to Director of Business Development

Castle Contracting has promoted Aaron Retherford to the position of Director of Business Development.

As a member of the Castle leadership team, Retherford will focus on growing the company’s sales through the cultivation of new business opportunities. Additional responsibilities include prioritizing project opportunities, developing and leading pursuit strategies, managing sales activity, and leading Castle’s marketing and branding initiatives.

“Aaron is a skilled and respected business developer with a thorough knowledge of the construction sales process,” says Mike Myers, vice president of Castle Contracting. “His commitment to understanding current and future market trends will continue to guide Castle’s expansion in St. Louis and other markets.”

Retherford joined Castle in 2010 as an estimator and earned promotions to preconstruction manager and business development manager.

Retherford received bachelor of science degrees in both construction management and business administration from Illinois State University in Normal, Ill. His community involvement includes volunteering for the St. Louis Children’s Hospital Foundation’s KIDstruction event and the St. Louis Council of Construction Consumers golf committee.

Castle Contracting, LLC provides turnkey site preparation services, site utilities, earthwork and trenchless technology directly to owners; general contractors; and mechanical, electrical, plumbing and fire protection contractors.

KAI Promotes Derwin Broughton to Deputy Director of Architecture

KAI is proud to announce that Derwin Broughton, AIA, has been promoted to Deputy Director of Architecture.

Broughton, who previously held the position of Senior Project Architect/Project Manager, joined KAI four years ago. As Deputy Director, Broughton will be more closely involved in the formulation of architectural plans and management, while acting as a steward of all work entrusted to the architectural department and promoting corporate excellence. His professional experience will guide him in setting goals for the KAI Texas office, establishing future objectives by identifying issues and opportunities, and developing strategic recommendations.

“Derwin has meticulously climbed the ranks with his dedication and commitment to not only the architectural department, but to the overall success of our Dallas office,” said KAI Texas President and COO Darren L. James. “For the past couple of years, along with his design responsibilities, Derwin has also supported business development and project management, where he has shown exemplary performance and has proven himself as a committed company advocate. He has always shown initiative in the performance of his duties, even going above and beyond what is expected of him.”

Broughton has a Bachelor of Science in Design/Architecture from Clemson University. He is also a board member for Dash for the Beads, a non-profit organization that promotes healthy eating and physical activity for grade school children. In the recent past, he was Board Chair for Junior Players, Dallas’ oldest children’s theater, as well as a board member for AIA Dallas. Broughton has been recognized by the Dallas Business Journal, Engineering News-Record and the American Institute of Architects (AIA) for his exemplary leadership in the architectural profession.

KAI Design & Build is a national 100+ person design and build firm headquartered in St. Louis, Missouri.

Lori Owens joins McGrath & Associates as Project Accountant

McGrath & Associates has hired Lori Owens of Alton, IL, as project accountant. Owens has 24 years of experience in payroll, office management, accounting and project management support for several construction industry organizations. She has a clerical bookkeeping diploma from United College and is a trained Community Emergency Response Team and Medical Reserve Corp volunteer.

McGrath & Associates is a 100 percent employee-owned general contractor and construction management firm specializing in commercial, health care, industrial, institutional and pharmaceutical construction projects since 1983.

August 11, 2017

Michelle Jordan Joins Architectural Business Interiors Team as Business Development Manager

Architectural Business Interiors (ABI), located in DesPeres, MO, has recently expanded its staff to include Michelle Jordan as Director of Business Development representing their Muraflex® demountable walls, Arktura acoustical systems and Carvart architectural glass product lines. Michelle brings 20+ years of business development experience to the ABI team including nearly 10 years in the Architectural Interiors industry. Her primary responsibilities include business development focusing on construction specifiers, architects, commercial real estate, end-users and general contractors. “We are very excited to have someone with Michelle’s experience and qualifications in the construction industry joining our team and look forward to opening up new vertical market channels for ABI.” Added Bob Mitchusson, President.

Oberle Promoted to Service Dispatch Supervisor at Murphy

Stephanie Oberle has been promoted to the position of service dispatch supervisor at Murphy Company, a leading mechanical contracting and engineering firm. The announcement was made by Chris Carter, vice president, service.

Oberle brings 27 years of customer service experience and 15 years of supervisory experience, many in the HVAC industry, to her new role. She joined Murphy as a dispatcher. Earlier in her career she served as a service coordinator for an HVAC company and club services manager for Optimist International. She also has held administrative positions with the Missouri chapter of the Neurofibromatosis Foundation, Options for Justices, and Delsan industries.

She is a graduate of Hazelwood Central and also attended St. Louis Community College-Florissant Valley.

Murphy Company is one of the nation’s top mechanical contracting and engineering firms delivering innovative solutions to the commercial, industrial and institutional markets. For more information, visit www.murphynet.com.

KC McDonald joins Wiegmann Associates as Director of National Business Development

KC McDonald has joined Wiegmann Associates as director of national business development. McDonald is responsible for developing national construction design/build opportunities primarily in the industries of healthcare, senior living, commercial office, refrigeration, multi-family housing, warehouse, manufacturing and food and beverage distribution and processing. He also provides mechanical engineering support and assists in HVAC equipment selection on construction projects.

McDonald has eight years of construction industry experience. He earned a Bachelor of Business Administration from East Tennessee State University and is a licensed real estate broker.

Wiegmann Associates is a St. Louis-based mechanical contractor serving the commercial, industrial and institutional markets, and a national leader in design/build HVAC projects.

Terry Denny joins Knoebel Construction as Site Superintendent

Terry Denny of Dardenne Prairie, MO, has joined Knoebel Construction as a site superintendent. He is responsible for managing day-to-day operations, subcontractor coordination and scheduling for various retail center, restaurant, grocery and retail store construction projects. Denny has 19 years of experience in commercial construction. He is a graduate of the St. Louis Carpenters Joint Apprenticeship program.

Knoebel Construction, Inc. is a national general contractor specializing in retail center, restaurant, grocery and retail store construction.

August 4, 2017

Geotechnology Announces Tim Gorline has Achieved Designation as ICC Master Special Inspector

Geotechnology, Inc., a leading provider of geotechnical and environmental engineering, geophysics, water resource management, materials testing and drilling services, is pleased to announce today that Mr. Tim Gorline, a Geologist in their construction materials testing (CMT) group, has achieved International Code Council (ICC) designation as Master Special Inspector. Tim is one of only two Master Special Inspectors in the State of Missouri, the other being in the Kansas City area. Of the 16 Master Special Inspectors in the State of Illinois, only Gorline and one other reside in the St. Louis metro area.

Tim is now certified by ICC to perform inspections in reinforced concrete, soils, fireproofing, structural steel and welding, structural steel and bolting and reinforced masonry. Tim also holds other certifications including the following: Level I Technician, American Concrete Institute (ACI); Level II Technician, Post-Tensioning Institute; Level II Soils, Level II Asphalt and Level III Concrete Technician from National Institute of Civil Engineering Technicians (NICET); and Soil and Concrete Technician from Missouri Department of Transportation (MoDOT).

Gorline received his Bachelor of Science degree from State University of New York at Fredonia. As a degreed Geologist, and member of Geotechnology’s CMT group since 2002, Tim has extensive experience providing construction observation, inspection and testing of many facets of construction. Tim provided quality control observations and testing for Busch Stadium, 212 South Meramec high rise, St. Louis Art Museum, MasterCard Headquarters, Washington University’s Loop Student Housing, Reinsurance Group of America, Saint Louis University’s Chaifetz Arena, and many other St. Louis metropolitan area projects.

“Geotechnology has made considerable investment in providing highly trained field representatives to perform code-required special inspections. Tim has shown great leadership in achieving the Master Special Inspector designation. The scarcity of Master Special Inspectors in the metropolitan area and the commitment of representatives like Tim, clearly differentiates Geotechnology, and allows us to to provide a level of service that others cannot.” said Jeff Klein, P.E., Construction Materials Testing Manager in St. Louis.

Established more than 32 years ago, Geotechnology, Inc. is a professional corporation offering a comprehensive range of consulting services in applied earth and environmental sciences, including geophysics, water resource management, geotechnical and environmental engineering, materials testing and drilling.

Thomas Stockmann Jr. Joins Murphy Co. as BIM Designer

Thomas Stockmann Jr. has joined Murphy Company as a BIM (Building Information Modeling) designer. The announcement was made by Patrick Bastow, supervisor, BIM Production, for the mechanical contracting and engineering firm.

A 2017 graduate of Mineral Area College with an associate’s degree in engineering, tech design drafting, Stockmann is a certified production technician (2015). He also is OSHA 30-hr.certified (2014). His work experience includes logging and customer service for his family’s business, Stockmann Logging, in Fredericktown, MO.

Blake Named Fabrication Database Engineer VDC/BIM at Murphy

Dylan W. Blake has been appointed a fabrication database engineer VDC/BIM (Virtual Design and Construction/Building Information Modeling) at Murphy Company, a leading mechanical

contracting and engineering company. The announcement was made by Patrick Bastow, supervisor, BIM Production.

A May 2017 graduate of Missouri University of Science and Technology with a bachelor’s degree in mechanical engineering, Blake was the university’s Lacrosse Club president and captain, an Opening Week mentor, and was inducted into the National Society of Leadership and Success in 2015. A cum laude graduate of Fox High School where he was a member of the National Honor Society for four years, Blake played varsity soccer for three years, and served as captain of the high school’s varsity Lacrosse team.

While a college student, he worked as a maintenance/field worker for the City of Arnold Parks Department, performing plumbing, welding and carpentry work.

Vincent Named Plumbing Designer, VDC/BIM at Murphy

Ahmad Vincent has been appointed a plumbing designer, VDC/BIM (Virtual Design and Construction/Building Information Modeling) at Murphy Company, a leading mechanical contracting and engineering company. The announcement was made by Patrick Bastow, supervisor, BIM Production.

An experienced professional, Vincent holds a Master of Business Administration from Keller Graduate School of Management as well as a bachelor’s degree in project/construction management and an associate’s degree in computer drafting and design from ITT Technical Institute.

Before joining Murphy Company, Vincent worked for more than two years as a project manager, BIM designer/estimator, on such projects as the Jefferson Barracks Veterans Affairs Building, the 4220 Duncan Wexford Science and Research Building, and the Rockwood Summit High School renovation/addition. He also worked on projects at the Washington University School of Medicine and the St. Louis College of Pharmacy, among others. Prior to that, and during his college years, he was general manager of a high-volume restaurant.

Murphy Company is one of the nation’s top mechanical contracting and engineering firms delivering innovative solutions to the commercial, industrial and institutional markets. Murphy offers process piping, HVAC, refrigeration, plumbing, design-build, piping fabrication, energy solutions and 24-hour service emanating from its five locations in St. Louis, Denver, Colorado Springs, Boulder and Northern Colorado. Murphy is ranked No. 17 on Engineering News-Record’s list of largest mechanical contractors in the United States. Founded in 1907, the firm employs more than 1,000 people nationwide. For more information, visit www.murphynet.com.

MC Industrial Appoints Bob Wood as Business Development Manager

MC Industrial, Inc., an independent McCarthy company and leader in industrial construction, recently announced the addition of Bob Wood as Business Development Manager.

Based in MC Industrial’s St. Louis office, his focus will be working with project teams to develop design and construction solutions that enhance project delivery for MC Industrial’s clients in the power market nationwide. Bob brings 23 years industry experience and broad power expertise to his new role including environmental, new generation, renewable and plant maintenance projects.

“We are pleased to have Bob join our team and serve our power industry clients,” said Brian Timmer, Business Development Director. “His strong foundation in design and construction and experience with large-scale industrial projects brings extensive value to our firm and our clients alike.”

Bob attended Lindenwood University and Ranken Technical College HVAC. He has received special training through Carrier Corporation, York and Siemens. He is currently an active member of COCA, AGC, SLCCC and SIBA.

MC Industrial is a national construction firm, dedicated to the highly specialized needs of the industrial marketplace.

Mueller Prost Promotes Partners Adam Herman and Quinn Martin to Firm Leadership Positions

Effective July 1, 2017, Adam Herman, CPA/ABV/CFF, CVA, ASA, CFE, Partner was named Chief Visionary Officer, and Quinn Martin, CPA, MBA, Partner was named Chief Operating Officer. This is the first-time Mueller Prost has appointed a CVO and COO, a move to ensure the growth and sustainability of the firm in future years. This split from the traditional Managing Partner structure recognizes the need for various skill sets as the firm grows, and allows for highest and best use of the firm’s resources and people.

Herman has over 25 years of experience in business valuations, tax credits, advising and consulting. Adam has been successful in supporting new business growth nationwide through his leadership, creativity, energy, integrity and credentials which are highly respected among valuation, IRS, and business professionals. In his new role, Herman will oversee the strategy and direction of the firm, lead growth and new service initiatives and manage the firm’s industry leaders, sales and marketing efforts.

Martin has over 15 years of experience in assurance and auditing services, specializing in manufacturing, construction, distribution, and a variety of other niche industries including PCAOB non-issuers. In his new role, Martin will ensure the operational effectiveness of the firm. He will manage the firm’s service line leaders, human resources, finance and IT functions.

Herman and Martin will work closely together for a seamless transition. Co-founder Doug Mueller will remain President under the new structure and co-founder Mike Prost will act as Managing Partner during the transition.

President, Doug Mueller says, “When Mike and I founded our firm, we wanted to create a legacy firm for ourselves, our clients and our employees. This three-pronged leadership approach will position us to continue to grow in years to come. Adam and Quinn’s leadership and dedication to the firm are exactly what we need when it comes to succession planning.”

Mueller Prost has 18 partners, 3 locations and over 150 employees. The firm is regularly recognized as a Best Place to Work and focuses on employee and client engagement and retention.

Spellman Brady Welcomes Monica Stefek, Director of Marketing

Spellman Brady & Company welcomes Monica Stefek, who will serve as the firm’s Director of Marketing. Ms. Stefek will have corporate responsibility for the firm’s marketing activities which includes developing the firm’s marketing material, responses to Requests for Qualifications and Proposals, as well as managing the firm’s communication, marketing and public relations activities.

Ms. Stefek is a seasoned marketing professional with over 20 years of innovative and results-oriented marketing experience. Monica earned her Bachelor of Business Administration in Marketing from Stephen F. Austin State University in Nacogdoches, Texas. Some of her previous experience includes marketing responsibilities for clients at Visual Ingenuity and The Vandiver Group.

Spellman Brady & Company is an award-winning St. Louis–based interior design firm specializing in senior living, healthcare, and higher education environments.

Focal Pointe Hires John O’Connell as Controller*

Focal Pointe Outdoor Solutions announces the addition of John W. O’Connell of Chesterfield, Missouri as the firm’s Controller. In this position, John will lead all aspects of Focal Pointe’s financial processes and procedures, strengthening performance and profitability. He will also provide leadership for the firm’s administrative operations, including human resources and nformation technology.

O’Connell brings more than 35 years of experience in finance, having been a minority owner of a local luxury homebuilder, and financial executive for one of the largest home builders in St. Louis, Missouri. He graduated Summa Cum Laude from the University of Missouri with a Bachelor of Science degree in Accounting and earned his Certified Public Accountant (CPA)
certification with Peat Marwick Mitchell.

Founded by John Munie in 1998, Focal Pointe Outdoor Solutions, Inc. is a full-service grounds maintenance, lawncare, and landscaping company specializing in distinctive, high-touch properties for both residential and commercial clients.

Rick Rebecca Joins Contegra Construction Co. as Safety Director

Rick Rebecca, who has more than 26 years of experience in risk management, has joined Contegra Construction Co. as safety director. Rebecca will oversee all facets of safety and safety training at Contegra. Based in Edwardsville, Ill., Contegra is one of the St. Louis area’s largest general contractors and serves a national customer base that includes industrial, institutional, municipal, multi-family, office and retail projects.

Johnston Joins Murphy as Service Sales Account Mgr.

Jennifer Johnston has been named service sales account manager for Murphy Company. The announcement was made by Chris Carter, vice president, service, for the mechanical contracting and engineering firm.

Johnston recently was elected as president of the St. Louis chapter of the International Facility Management Association (IFMA). She has more than seven years’ experience in facilities, most recently serving as a facility and maintenance supply territory manager at Ferguson in St Louis. Before that, she was a service and building solutions sales executive in St. Louis from 2010 to 2014. She also is a member of the Building Owner Management Association (BOMA).

Murphy Company is one of the nation’s top mechanical contracting and engineering firms delivering innovative solutions to the commercial, industrial and institutional markets.

Murphy Appoints Jared Moresi as Engineer, Industrial

Jared Moresi has joined Murphy Company as an engineer, industrial. The announcement was made by Mike Werdes, manager of engineering for the mechanical engineering and contracting firm. Moresi earned a bachelor’s degree in mechanical engineering in May 2017 from the University of Missouri-Columbia where he was on the Dean’s List. He also was 2016-17 secretary of Mizzou’s Mechanical contractors Association of America student chapter, which captured First Place in the Final Four Competition at the MCAA National Convention in San Diego in March 2017.

The UMC chapter also was named MCAA’s Student Chapter of the Year. During summer 2016 Moresi served as an intern in Murphy’s design/build department. The summer before he interned in the company’s service department. During summer 2013 he worked for Cardinal Home Improvement in Cottleville, MO.

Murphy Company is one of the nation’s top mechanical contracting and engineering firms delivering innovative solutions to the commercial, industrial and institutional markets.

Dale Duello joins Knoebel Construction as Site Superintendent

Dale Duello of Wentzville, MO, has joined Knoebel Construction as a site superintendent. He is responsible for managing day-to-day operations, subcontractor coordination and scheduling for various retail center, restaurant, grocery and retail store construction projects. Duello has 25 years of experience in commercial construction. He is a graduate of the St. Louis Carpenters Joint Apprenticeship program.

Knoebel Construction, Inc. is a national general contractor specializing in retail center, restaurant, grocery and retail store construction.

Irace Named Engineer, Commercial at Murphy Company

Phillip Irace has joined Murphy Company as engineer, commercial. The announcement was made by Conrad Philipp, vice-president, commercial, for the mechanical contracting and engineering firm. Irace holds a bachelor’s degree in physics from Illinois College in Jacksonville, IL, graduating summa cum laude. He will receive a Master of Science in mechanical engineering from Washington University in 2018, graduating magna cum laude, with a specialization is energy conversion and efficiency.

He joined Murphy full-time in June 2017 after having served as an intern for one year. Prior to that, he worked at Global Surgical Corporation as part of Washington University’s engineering co-op program. He is an ASME (American Society of Mechanical Engineers) graduate student member, an affiliate member of ASHRAE (American Society of Heating, Refrigerating and Air-Conditioning Engineers), and an EIT (Engineer in Training.) He is a member of Pi Tau Sigma and also played Illinois College football.

Kniesche Joins Murphy Co. as Engineer, Commercial

Nicholas (Nick) M. Kniesche has joined Murphy Company, a leading mechanical contracting and engineering firm, as engineer, commercial. The announcement was made by Conrad Philipp, vice-president, commercial.

Kniesche is a 2017 graduate of the University of Missouri-Columbia where he was on the Dean’s List. He also was 2015-17 president of Mizzou’s Mechanical Contractors Association of America student chapter, which is sponsored by MCA-EMO. The student chapter captured First Place in the Final Four Competition at the MCAA National Convention in San Diego in March 2017. The UMC chapter, although only three years in the making, also was named MCAA Student Chapter of the Year from among a total of 52 student chapters nationwide.

While studying at UMC, he also was executive treasurer of the United States Green Building Council (USGBC) student chapter for which he also served as a mentor for architectural studies. He also was a member and subchairman of the marketing committee for Pi Sigma Epsilon, a professional business fraternity. Additionally, he was a member, executive secretary and member of the judicial board and finance committee, and Homecoming build chair for Alpha Tau Omega. An active community volunteer, he volunteered for Sacred Heart Church, Caring for Columbia, and the Thompson Center for Autism.

Kniesche served as a project management intern at Murphy Company during the summers of 2015 and 2016. Prior to that, he was owner-operator of Kniesche Home Improvement. He is OSHA-10 certified.

Murphy Company is one of the nation’s top mechanical contracting and engineering firms delivering innovative solutions to the commercial, industrial and institutional markets.

People On The Move In The Local Construction Industry

Published on August 15, 2017

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