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Foundations News Blog

Construction Consultants, Tennessee Valley Federal Credit Union Construct First 3-D Printed Building Facade

2/19/2021

 
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Tennessee Valley Federal Credit Union (TVFCU), an AGC chapter sponsor, and long-time AGC member, Construction Consultants, collaborated with Chattanooga-based Branch Technology to construct the first-ever 3D-printed building façade using a patented 3D printing process called Cellular Fabrication, C-Fab®.  
The credit union's new Southside Branch is located across the street from the AGC office at 125 West 20th Street in Chattanooga.

Jerod Gilley with Construction Consultants learned about Branch Technology's 3-D approach to construction at an AGC member meeting in September 2019.  Todd Fortner, CEO of TVFCU, was also aware of Branch Technology's innovation and hoped to use the new technology in a future project.  


"With this new technology, the façade of this building is very unique and innovative and very much fits in this community on the Southside," said Todd Fortner, president of the Tennessee Valley Federal Credit Union which hopes to open the new drive-thru branch by May. 

Read More in the Chattanooga Times Free Press
​Watch a video of the construction

AGC Office Gets a Facelift!

2/17/2021

 
After 20 years, it was time to give the office a little freshener!  With new paint, lighting, flooring and duct cleaning, our facility looks and feels like a modern office.  Thanks to our members Lawson Electric, Inline Electric, Terry Keith Company, ServPro and Randy Wilson Painters for doing a great job!  Also, special thanks to interior designed Brooke King for donating her services.

​As a reminder, members are invited to use our training rooms, board room and office for training, events, meetings and co-working space.  Convenient parking and after hour access available.  To book your space, contact Hannah Barnett at (423) 265-1111 or hannah@agcetn.org.

AGC Leaders Convene to Embark on Strategic Planning Process for Chapter

2/17/2021

 
A leadership summit for AGC East Tennessee's current and past board members and committee chairs was held at Brasstown Valley Resort on February 12&13 to begin a strategic planning process for the organization.  "As we look to the next five to seven years, AGC East Tennessee needs to have an action plan to meet the changing needs of the industry and our membership", said Nic Cornelison, Chair of AGC East Tennessee.  "This process allows us to re-imagine the services and programs we prioritize so that we can deliver value and relevance to our members."

The meeting was moderated by Peter Tateishi, CEO of AGC California, and Juliana Almanza, Chief of Staff of AGC California, who shared their process for successfully creating a new culture and value proposition for the country's largest AGC chapter.  

To ensure that the process is on the right track, member input is required.   Members are encouraged to participate in the Member Survey to give feedback on existing programs and services and more.  Several member meetings will be held as the process moves forward.
2021 Leadership Summit Participants
Nic Cornelison, Chair, P&C Construction
Jason Medeiros, Vice Chair, Pointe General Construction
Jerod Gilley, Sec/Treasurer, Construction Consultants
Jimmy Lail, Immediate Past Chair, P&C Construction
Jennifer Summerlin, Board Member, Inline Electric
Andrew Faw, Board Member, Fulmer Concrete Construction
Robert Parks, Board Member, T.U. Parks
Arch Willingham, Chair Education /WFD Committee, T.U. Parks
Harry Hawkins, Chair Safety Committee, Barge Design
Dewayne Gentry, Past Board Member, G&P Masonry
Jason Hargis, Chair Subcontractor Committee, Adman Electric
Hamp Brown, Past Board Member, H&H Brown Construction
Randy Wilson, Chair Legislative Committee, Miller & Martin
Tony Boals, Incoming Board Member, Wright Brothers Construction
Will Tutton, Chair BLOC, Advisory Board Member, Southeast Painters






Click Here to Take the Survey

Instructions to Register for AGC's New Plan Room

1/11/2021

 
Make sure you don't miss out on any project updates by getting registered on AGC East Tennessee's new planroom website. Anyone who wants to have access to our listed projects will need to follow these steps:

1. Go to www.agcetnplanroom.com and click "Register for an account"
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2. Enter your information.
3. Enter details for your company.
4. Check your inbox for a confirmation email to confirm your account.
5. Log in and browse our planroom!

​Once you register, your device should remember your username and password but we recommend that you keep a record for reference.  AGC staff can also help you retrieve your username and password.

For more information or if you need assistance, please contact Hannah Barnett at hannah@agcetn.org or (423) 265-1111.

Free Tax Deduction – Anyone?

11/18/2020

 
By Kyle Christensen, CPA, CCIFP, kchristensen@hhmcpas.com

Kyle is a partner at HHM CPAs, a full-service accounting and consulting firm with locations in Chattanooga and Memphis, Tennessee. He possesses over 20 years of experience working with clients in the Construction & Real Estate (CARE) industries. 

PictureKyle Christianson
Although COVID-19 has been making headlines in the construction industry, as well as every other industry due to the Federal Governments Paycheck Protection Program (PPP) stimulus and other initiatives, there are a few continuing tax programs that contractors should not be ignoring.

One tax benefit specifically structured for the construction industry is found in the Internal Revenue Code Section 179D.  This code section was enacted to incentivize companies to make their buildings more energy efficient.  Overall, the incentive was a method to accelerate depreciation deductions faster for any company that undertook an energy efficient retrofit or initiated new construction incorporating the energy efficient standards.  Back in the mid 2000s when this was enacted, most companies were still required to depreciate projects over a lengthy depreciation schedule (i.e. 15 or 39 years).  Thus, to be able to write off a portion of this more quickly was a novel concept.  However, the incentive really never took off because soon afterwards, the country entered the Great Recession and lawmakers quickly enacted even more generous rules to allow companies to begin writing off capital expenditures more rapidly in effort to stimulate the economy.  Thus, this deduction was somewhat shelved.  Here is the construction specific subpart that is often overlooked as well, but shouldn’t be.  

In 2008, the IRS issued notice 2008-40 which clarified IRC 179D(d)(4) that states:
In the case of energy efficient commercial building property installed on or in property owned by a federal, state, or local government or a political subdivision thereof, the Secretary shall promulgate a regulation to allow the allocation of the deduction to the person primarily responsible for designing the property in lieu of the owner of such property.

The 2008 notice provided the procedures necessary for a designer of energy efficient system to receive the benefit of the tax deduction for any government facility since the government is not able to benefit from the deduction.  The notice also provides a definition of “designer” as follows:
A designer is a person that creates the technical specifications for installation of energy efficient commercial building property (or partially qualifying commercial building property for which a deduction is allowed under §179D). A designer may include, for example, an architect, engineer, contractor, environmental consultant or energy services provider who creates the technical specifications for a new building or an addition to an existing building that incorporates energy efficient commercial building property (or partially qualifying commercial building property for which a deduction is allowed under §179D). A person that merely installs, repairs, or maintains the property is not a designer.

Therefore, if a contractor, engineer, or architect is involved in this process and it meets the certification requirements for energy efficiency, the “designer” of the system can receive an “allocated” deduction  (i.e. a “FREE” tax deduction) from the government-owned facility.  There are several rules about which buildings qualify, who is deemed the designer, and the energy efficient mandates, but all members of the construction community should ensure they have not overlooked this deduction.   The deduction can be as much as $1.80 per square foot, so the benefit can be significant to the qualifying designated designer.  The Code Section 179D is set to expire at the end of December 31, 2020, but if a contractor failed to take advantage of this, there may be a way to revisit prior year projects for the last couple of years. 

​If your company is involved in government-owned projects, you should ensure that this topic is reviewed during their year-end tax planning session with their professional tax advisor.



Smith Currie & Hancock LLP Law Firm Answers Members' Questions Regarding Families First Coronavirus Response Act

8/24/2020

 
Attorneys Matthew Cox and Jake Scott with Smith, Currie & Hancock LLP prepared the following answers to several specific questions from AGC East Tennessee members regarding the Families First Coronavirus Response Act (FFCRA).*

​The FFCRA applies to businesses with fewer than 500 employees. Employers with fewer than 50 employees may be exempt if compliance with the FCRA would jeopardize continued business viability. The Act provides for certain paid sick leave and paid family leave benefits for employees who are unable to work due to COVID-19.

Question: Are we obligated to pay employees who have tested positive for COVID-19?

Answer: Under the Emergency Paid Sick Leave Act in included in the FFCRA, full-time employees are entitled to 10 days (80 hours) of paid sick leave for absences related to COVID- 19. An employee may take FFCRA paid sick leave if the employee cannot work or telework because:

1.  The employee is subject to a federal, state, or local quarantine or an isolation order related to COVID-19.
2.  The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
3.  The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.

Payment for leave taken in numbers 1-3 above are based on an employee’s regular pay, capped at $511 per day up to $5,110 per employee.

In addition, an employee may take FFCRA paid sick leave because:

4.  The employee is caring for an individual who is subject to an order as described in subparagraph (1) or has been advised as described in subparagraph (2).
5.  The employee is caring for their son or daughter if the school or place of care of the son or daughter has been closed, or the child care provider of the son or daughter is unavailable, due to COVID-19 precautions.
6.  The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretary of the Treasury and the Secretary of Labor.

Payment for leave taken in numbers 4-6 above are based on an employee’s regular pay, capped at $200 per day and $2,000 in aggregate.
​
The full 80 hours of paid sick leave are available for use by any employee, regardless of how long they have been employed by the employer. Part-time employees are entitled to a pro-rated number of paid sick leave hours based on an average number of hours worked over a normal two-week period.

An employee is entitled to use FFCRA sick time before using any other accrued personal, vacation, or sick leave. An employer may not require the employee to use other paid leave before using FFCRA paid sick leave.
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Smith Currie members in AGC East Tennessee:
Phil Beck
pebeck@smithcurrie.com
404-245-1636 - Cell
404-582-8028 - Phone

Brent Laman (BLOC Member)
brlaman@smithcurrie.com
865-221-3259

----------
* Portions of this memorandum are drawn from a March 20, 2020 article written by Smith Currie attorneys Donald
Velez, Sarah Carpenter, and Karissa Fox, available through this link, 
which provides a good starting point
for members looking for foundational information about the FFCRA.
​
Smith Currie attorney contact information  noted in responses:

Matthew E. Cox, Partner
mecox@smithcurrie.com
803-999-1273

Jacob W. Scott, Of Counsel
jwscott@smithcurrie.com
202-819-4030

Donald A. Velez, Of Counsel
davelez@smithcurrie.com
415-394-6688

Sarah K. Carpenter, Associate
skcarpenter@smithcurrie.com
202-452-2140

Karissa L. Fox, Associate
klfox@smithcurrie.com
415-249-0869

Question: Are we obligated to pay employees who are waiting on test results?

​Answer:  
The paid sick leave required by the FFCRA applies to an employee under #3 above who is 1) experiencing symptoms of COVID-19 and 2) seeking a medical diagnosis. But depending on why they are out, if due to numbers 1 or 2, they still may be eligible.

For instance, a local health law where the jobsite is located requires all employees to be tested where a positive case has occurred and you have to test your employees at the jobsite, even though they have no symptoms, a conservative approach is to pay them.

If the employee sought testing but has not experienced COVID-19 symptoms, are not under an isolation order, or are not self-quarantining on advice of a health care provider, they are not eligible for FFCRA paid sick leave benefits under that provision. The employee would, however, still be entitled to use any other accrued leave pay in accordance with applicable laws and policies.

Question: Are we obligated to pay employees who missed work because they were sick and awaiting test results which then came back negative for COVID?

Answer: Generally, yes. The provisions for paid sick leave do not require that an employee be
diagnosed with COVID-19 to be eligible for paid sick leave while seeking a medical diagnosis,
as long as their symptoms were consistent with those of COVID-19.

Question:  It is our understanding that essential workers should and can work as long as he or she has no symptoms, even with a possible exposure in the same household. If the employee still chooses to stay home, do we have any obligation to pay?

​Answer:
The FFCRA does not distinguish between essential and non-essential employees. Even if an employee is not experiencing COVID-19 symptoms, they may have a basis to stay home under the FFCRA. If an employee does not come to work because they are covered by a legal stay-at-home order, or are self-quarantining on the advice of a health care provider, the employee is entitled to up to 80 hours of sick pay (pro-rated for part-time employees) as described above.

In those cases, the employee is entitled to sick leave paid at their regular rate up to $511 per day and $5,110 in aggregate. However, if they can telework, they can work from home and you would pay them regularly and not under the FFCRA.

Even if the employee is not ill, quarantined, or awaiting test results, they may choose not to report to work because they are caring for someone else subject to a stay-at-home order, are caring for a child if the child’s school or child care is closed due to COVID-19, or is experiencing other conditions specified by the Secretary of Health and Human Services as describe above. In those cases, the employee is entitled to sick leave paid at two-thirds of their
regular rate, capped at $200 per day and $2,000 total.

In addition to paid sick leave, the FFCRA provides for additional family leave benefits under the Emergency Family and Medical Leave Expansion Act (EFMLEA). Under the EFMLEA and the Family Medical Leave Act, a covered employee is entitled to a combined total of 12 weeks of leave. An employee may take leave under the EFMLEA only to care for a child under 18 whose school is closed or whose child care provider is unavailable due to COVID-19.

The first 10 days of EFMLEA leave are unpaid, unless the employee opts to use accrued vacation, personal, or sick leave time. An employer cannot require the employee to use accrued paid leave time during this 10-day period. All EFMLEA days in excess of 10 are to be paid at two-thirds of the employee’s normal rate, with a maximum of $200 per day and $10,000 total.

Question: Is an employer liable for more than 80 hours of paid sick leave per employee? Is a single employee eligible for this multiple times?

Answer: The FFCRA limits an employer’s obligation to 80 hours of paid sick leave through December 31, 2020. An employee may use those hours in increments, such as for multiple absences for covered reasons, but only up to 80 hours through the end of 2020.

Question: We received a Paycheck Protection Program (PPP) loan. Are we entitled to a tax credit for FFCRA payments?

​Answer:  An employer that received a PPP loan and has paid employees for absences covered by the FFCRA using PPP funds may choose to include those payments in a PPP forgiveness application, or take a tax credit for FFCRA payments, but not both.
.

Hamilton County Health Department Officer Shares COVID Guidelines for Construction Sites

8/10/2020

 
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​Mayor Coppinger invited AGC East Tennessee to serve on his COVID Advisory Task Force to talk about challenges our workforce is facing with health department officials, leading physicians, and other community leaders.  
 
After sharing what we’ve heard from our members, Dr. Paul Hendricks, Health Officer with the Hamilton County Health Department, suggested that AGC share the following so that production can continue safely on job sites. 

First and foremost, workers should not come to work if they are showing any signs of sickness because the potential spread could cause a job site to shut down.  While list of symptoms of COVID-19 has become long (see sidebar), it is still recommended that workers stay home with any of these symptoms.

Face Masks on Outdoor Job Sites – Low Risk:  As long as your team is able to appropriately social distance (at least 6 feet) on outdoor job sites, there’s no need to wear face masks since the risk of spreading COVID outdoors is relatively low.  Masks must be worn during team meetings or any other time when your team is working closely together.  
 
Face Masks on Interior Job Sites – High Risk:  COVID typically spreads indoors and when in close contact to others.  Teams must wear masks while working inside, particularly when social distancing guidelines cannot be followed.  Limit the number of people working on interior projects as much as possible.
 
Sanitation of Equipment – Low Risk:  It’s still unclear how likely it is to catch COVID-19 from objects. However, it is best to minimize sharing of tools and to wear gloves where possible. It would also be best to wipe down the handles of shared equipment between users where possible.
 
Crew Transportation / Carpools – High Risk:  It is best to avoid carpooling if possible. If it is absolutely necessary for crews to ride together to job sites, riders should wear masks while in the vehicle and limit the number of people in the car.  Windows should be rolled down and the air conditioner should be set to circulate outside air.

COVID Symptons:

Most common symptoms include:
> Fever
> Dry cough
> Tiredness


Less common symptoms:
> Aches and pains
> Sore throat
> Diarrhea
> Conjunctivitis
> Headache
> Loss of taste or smell
> Rash on skin
> Discoloration of fingers or toes


Serious symptoms:
>Difficulty breathing or shortness of breath
> Chest pain or pressure
> Loss of speech of movement

​Seek immediate medical attention if you have serious symptoms. Always call before visiting your doctor or health facility.
On average it takes 5–6 days from when someone is infected with the virus for symptoms to show; however, it some cases it can take up to 14 days.

Member Spotlight: Larry Parks, TU Parks Construction

7/9/2020

 
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Tell us about TU Parks Construction ...
T U Parks in its 76th year and I believe that we are now the oldest construction company in the Chattanooga area.  Our business model has us involved in all facets of construction with the exception of highway and heavy industrial.  We've had a major focus on health care for nearly 50 years and recently have been working on several renovation projects in the downtown area, including Common House in the former Industrial Y building, the refurbishment of a large warehouse space into offices, and nearing completion of the new rowing center for GPS and McCallie.  We also work on high-end residential projects.

TU Parks was started by grandfather, T. U. Parks. His son’s Homer, and my father, C. A. “Red” Parks really built the business.  Everyone served in leadership roles of the AGC chapter and were also active industry advocates.  We're currently in our 4th generation of leadership at T U Parks with my son, Robert, currently serving on the AGC East Tennessee Board.

How have you been involved in AGC over the years?
Charlie Clevenger (former President of AGC East Tennessee) got me involved on the Board of Directors as Secretary/Treasurer of the Chapter in 1981 and around that time I went to my first national convention in Washington, DC.  I then served as the President of the Chattanooga branch during 1985 and 1986 while serving as Vice President of AGC of East Tennessee.
  
Around that time, Charlie and I first attempted to launch a self-insured workers' comp trust and then in 1994 we partnered with the rest of the state to make it a reality.  I served as Vice Chair of CompTrust AGC Tennessee from day one and stepped up as Chair in 2013. 

On the national level, I served on various AGC of America Committees and when Jim Lail from Chattanooga was President of AGC of America he asked me to serve on his Executive Committee .  

Why are you a member of AGC?
AGC is the leading association in the industry and is a network of the better contractors.  The legislative support that the AGC gives the contractors in federal, state and local issues is incredibly important, and I've found connections through industry networking to be a great resource. I attended just about every national convention for decades and state and regional conferences over the years.  I also went through AGC's  Executive Management Program which was an invaluable learning experience. Through AGC, I've met a lot of people, been a lot places, and have had a lot of fun.


Tennessee State Legislature Passes New Payment Protection Laws for GCs, Subs

7/8/2020

 
After a year and a half of a concerted effort with construction associations across the state, last week the House and State passed HB0271 adding new payment protections that mitigate risks for GCs and subs. The highlights include:
  • Requires the owner to pay all retainage for work completed to the GC within 30 days (instead of 90 days) from the last day of the month of receipt of use or occupancy permit, or work is completed or substantial completion of the project for work is completed;
  • Extends the timeframe of the notice of nonpayment served to the owner or prime contractor from 90 days to 12 months;
  • Removes the receipt of a certificate of substantial completion from an architect and beginning use as specific triggering events for payment of retainage;
  • Does not change the 10-day period time limit for paying retainages to subcontractors, sub-subcontractors, and material suppliers;
  • Deletes provision that authorizes a prime contractor to include a condition precedent for payment in a contract with a remote contractor stating the prime contractor is not obligated to pay the remote contractor until the prime contractor is paid by the construction owner client.
  • Establishes a prime contractor, or remote contractor in respect to a prime contractor, may suspend performance of work, without penalty, and receive payment of late fees, if payment is not received from a construction owner client in accordance with a written contract.

Click here for a link to the full bill
Click here for a link to the summary

A New permitting system goes into effect at the Land Development Office on Monday, May 11

5/8/2020

 
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The Chattanooga Land Development Office is rolling out a new permitting software starting on May 11th, 2020. They acknowledged that this is not the ideal time to implement new software, but they did receive positive comments about the ease of use of the software from contractors during their testing phase. To help with the transition, they provided the following instructions found below on the application and further information about the new program, ViewPoint Cloud.
viewpoint_cloud_login_info.pdf
File Size: 123 kb
File Type: pdf
Download File

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