Sealevel Construction, Inc. is a heavy civil contractor that was founded in 1997 by its president, Richard Roth, in the small town of Thibodaux, La. Starting with one employee and a toolbelt, Sealevel has evolved into a premier heavy civil contractor that self-performs services including deep foundations, structural fabrication, structural concrete, earthwork and sitework development with an emphasis on projects with driven piles. Reaching its 22nd anniversary this August, Sealevel has developed a reputation for its eagerness to take on unique challenges and to perform with integrity and safety as top priorities.
With a constant reminder from its founder to "always think long-term," Sealevel has expanded its capabilities to truly self-perform all aspects of heavy civil projects. While its self-sufficiency gives Sealevel a competitive advantage, it also adds value for its customers and engineers. Driven by this vision of thinking long-term, Sealevel strives to create and maintain relationships by completing each job with client satisfaction. The company's goal is to work with integrity, innovation and safe performance. These qualities are found within the company environment and have led to its growth and success.
Sealevel has completed many pile driving jobs in the Gulf Coast region. Most notable are two flood protection projects in Larose, La. that included a total of approximately 6,000 linear feet of steel sheet pile floodwalls. Also, Sealevel recently completed a 1,000 linear foot bulkhead in Port Fourchon, La., that included sheet piles up to 77 feet long and concrete deadmen supported by battered concrete piles.
As a versatile deep foundation contractor, Sealevel has also completed many pile driving projects in the industrial market, including a project at an LNG facility where concrete piles were installed up to 110 feet long in one piece. Furthermore, Sealevel has recently concluded the Falgout Canal Flood Control Structure for the Terrebonne Levee and Conservation District in South Louisiana. This job involved successful installation of steel pipe piles up to 84 inches in diameter and over 200 feet long, steel sheet piles over 80 feet long and fabricated jackets weighing 200 tons.
Sealevel's 60-acre facility complements its driven pile work with cutting and fabrication capabilities, including steel and aluminum fabrication, sand blasting, painting, CNC oxyfuel cutting, CNC plasma cutting and a variety of other services. Sealevel also operates a waterfront yard in Houma, La. that offers fabrication and repair services for the marine transportation and construction industries.
With a fleet of cranes up to 300 tons in size, over 30 excavators, air hammers, hydraulic hammers and vibratory hammers, Sealevel has invested heavily into pile driving equipment to better serve its clients and to stay true to its self-reliance.
While equipment is a necessary investment, Sealevel considers its dedicated workers to be its most important asset. There are currently 170 employees with an extensive range of skill and diversity. A handful of employees began in the early days of the company with the majority of workers from the South Louisiana area who are committed to the company's growth in this region.
Roth strives for an "open-door policy" with employees and encourages project managers and supervisors to do the same. Challenges are worked out by using a team approach and focusing on exhibiting integrity, innovation and safe performance. Everyone is important and safety has to be first.
"From a moral standpoint alone, safety really has to be number one," said operations manager Travis Schonacher.
An HSE director, HSE manager and onsite HSE representatives lead Sealevel's safety initiatives. Moreover, Sealevel has established a safety committee comprised of employees with different professional backgrounds. Together, the safety team oversees an extensive safety training program for new hires and existing employees. There is also specific training for project managers and supervisors and the development and implementation of specific site safety plans.
Schonacher is also the president of the PDCA Gulf Coast Chapter.
"One of the most important benefits of being involved in a PDCA chapter is the opportunity to interact and develop relationships with other pile driving contractors in a non-competitive atmosphere," he said. According to Schonacher, PDCA provides a wealth of information and opportunities to build relationships in order to foster success both within each company member and the industry as a whole.

By Tiffany Harrod, Attorney at Munsch Hardt Kopf & Harr P.C., Houston, Texas
Chair-Elect, the Construction Law Section of the Houston Bar Association

             In March 2019, the Social Security Administration (SSA) resurrected "Employer Correction Request Notices" or "No-Match" letters used to notify employers that an employee's name and social security number combination on a filed W-2 do not match SSA records.[1]  According to the SSA, if you receive a no-match letter, you should:[2]

1. Check your records to see if there is a discrepancy in the records submitted to SSA and notify the SSA of corrections on a Form W-2C within 60 days of receipt of the no-match letter;
2. Instruct the employee to contact the SSA to resolve the discrepancy if the information was reported correctly, and provide the employee a reasonable amount of time to resolve the discrepancy; and
3. Document your efforts to resolve the matter. 

Employers should carefully document their response to a No-Match letter because it is likely the U.S. Department of Homeland Security (DHS) will use the information from no-match letters to perform Form I-9 audits on employers.  The United States Immigration and Customs Enforcement (ICE) is the main investigative arm of the DHS and was established to assist the DHS with its mission of ensuring that the U.S. is safe, secure, and protected against terrorism.  According to its website, ICE's mission is "to protect America from the cross-border crime and illegal immigration that threaten national security and public safety.^[3]"
In the last few years, ICE has dramatically increased Form I-9 audits of employers to deter the hiring of undocumented workers.  During an audit, ICE identifies statutory violations, assesses monetary penalties, and decides whether or not to prosecute employers for criminal violations.  A routine request in every Form I‑9 audit is for the production of any no‑match letters received by the employer with regard to current employees and previous employees.  While the SSA warns against making inferences about an employee's immigration status after the receipt of a no-match letter, many ICE offices consider an employer's receipt of no-match letters to be an indication that an employer might have questionable hiring and record-keeping practices.  An employer's failure to show specific action in response to a no‑match letter could, therefore, be considered by ICE as a significant negative factor when determining if enforcement actions, including fines and criminal prosecution, should be taken. 
The Realities: Escalating Fines, Labor Shortages & Possible Delay Damages
Regardless of politics and the availability of labor, knowingly or unknowingly hiring undocumented workers has become costly since ICE has increased fines.  Knowingly hiring undocumented workers carries fines between $539 and $4,313 per worker on a first offense.  Failing to properly complete the Form I-9 carries a fine of $216 to $2,156 per document.  Employers found to engage in a pattern or practice of hiring or recruiting undocumented workers may be penalized up to $3,000 per undocumented worker and receive six months in jail. 
In the construction industry, immigrant labor represents a significant portion of the workforce.  Statistics indicate that foreign born workers represent 30% of the construction trades.^[4]  The reality for construction employers is that without an adequate visa system in place to meet labor shortages, employers in certain industries are left with little to no options when it comes to finding documented workers.  The Associated General Contractors of America has long been pushing for an overhaul of the U.S. immigration system in order to help contractors supplement their workforces with temporary workers from abroad.  Recent proposed legislation seeks to create an immigrant visa system for non-farm workers which would establish the first-ever visa program for less-skilled construction labor. 
            Current immigration law requires employers to ensure that employment eligibility documents appear to be valid, while federal law prohibits employers from requiring specific types of identification from workers.  Currently, employers are required by law to maintain for inspection original Employment Eligibility Verification Forms or I-9 Forms for all current employees.^[5]  In the case of former employees, employers are required to retain all I-9 Forms for at least three years from the date of hire or one year after termination, whichever is longer.  Being unprepared for a Form I-9 audit could prove costly and interfere with existing construction contracts, resulting in costly delays.  When dealing with an I-9 audit, preparation and an experienced employment and immigration attorney are key. 
Form I-9 Compliance Program
Compliance is about making sure to follow the I-9 directions and making sure your business is not letting applicants get by with shoddy documentation, no documentation, or requiring extra proof if they suspect someone is undocumented; while at the same time, not imposing requirements above and beyond what the I-9 requires, which can result in a lawsuit by the government or an applicant.
To protect against these issues, funnel I-9 documentation and retention through one person within your organization and make sure that person is trained to properly complete I-9s.  The government finds, on average, five errors in each I-9 when it does an audit and each error can result in a fine.  Create and maintain an internal I-9 compliance policy and mandate that it be followed by all hiring supervisors to ensure consistency in handling I-9s.  Note, there was a new I-9 form issued in 2017.  Be sure it is used with all new hires.  Also, employers must mandate the re-verification of temporary employment authorizations.


Conduct an I-9 self-audit once a year.
It is wise for business owners to conduct an I-9 self-audit annually to be sure their records are in top shape for an audit. This is especially true for business owners who delegate the responsibility to complete I-9s to another employee.  A second review will usually find some errors.
In addition to examining each form to be sure it is correctly filled out, employers should check whether I-9s on former employees are properly retained, how no-match communication from the government has been handled, and whether re-verification procedures are on schedule.  If you find any errors, initiate correction procedures immediately. 
Be Prepared for a Form I-9 Audit
Audits are conducted both by ICE and, on a cursory level, by the Department of Labor.  In either case, employers are entitled to three days' notice before an I-9 audit.  If you receive notice of an audit, immediately contact your employment or immigration lawyer.  They will protect you from inadvertently making mistakes with the auditor.  Then work with your lawyer to conduct an I-9 audit immediately and correct any errors before the audit begins.
If ICE appears for a raid, immediately contact counsel and ask them to come to the site. ICE will not wait for your lawyer to arrive if they have a search warrant, so it will be necessary to examine the warrant yourself.  If you observe agents exceeding the warrant authority, ask to speak to the agent in charge and raise the issue.  If you do not stand up for your rights, you may lose the opportunity.
Construction Contracts & Immigration Issues
General contractors should always be aware of applicable provisions in their prime contracts with owners relating to liability associated with delays caused to a project for any reason.  General contractors should also be vigilant to protect against liability associated with delays resulting from disruptions caused by a lack of labor due to immigration issues caused by subcontractors and their workforce. General contractors may attempt to draft accordingly within their prime contracts to remove liability in the event of immigration issues being the sole cause of a labor impact and related delay.  Additionally, general contractors should contractually require subcontractors to accept as much of the responsibility as possible for labor immigration issues. 
In reviewing contract terms, subcontractors should make every effort to ensure immigration related delays are not a specifically enumerated breach or event of default.  Subcontractors should negotiate to have the ability to cure the impact of a diminished work force by quickly providing new labor, thus avoiding the possibility of termination or liquidated damages.  Since subcontractors typically contract with or employ the direct labor on a construction project, to the fullest extent possible they should contractually place the burden of providing accurate information of laborer citizenship status upon the actual laborers or employment agencies involved. 

When navigating many industries with a very specific niche product, like North Carolina-based The Hose Company, doors open to new opportunities to assist customers. The Hose Company provides hose delivery service and on-site repairs 24/7, making many contractors productive even on the night shift.
"And, of course being huge race fans in Charlotte, N.C., we love helping out NASCAR teams," said Justin Robertson, certified mobile hose technician at The Hose Company.
At night service
"I remember the first 2 a.m. mobile repair call from a group in South Carolina, about 10 miles from us," said Rob Smith, The Hose Company's operations director. "These folks were building new warehouses and moving many concrete trucks to avoid traffic congestion during the daylight hours. They were also using multiple vibrating screeds for precise elevation control when suddenly production stopped dead. Think about it: it's 2 o'clock in the morning, full concrete trucks, sitting and spinning, and the precision leveling solution blows a hose."
The Hose Company Team received a quick call and were on the road moments later with supplies already stocked in their service fleet. It is incredible that a $13 part could have shut down a job until 7 a.m., but not anymore.
"Now, there is a choice." said Smith.
NASCAR support
The Hose Company received a Saturday call from Joey Logano Racing, a famous NASCAR team and driver.
"This team was building a kit car for one of the preliminary NASCAR races," said Smith. This team needed choices, without wasting time at a store as they were designing and moving fittings from custom to universal. They really needed The Hose Company inventory and experts on site to help make these adaptations. So, The Hose Company sent in a technician and his fleet vehicle, allowing the race team to walk right in and find all the parts."
Expanding since day one
The Hose Company began operations in 2013 as a supplier of hydraulic hose to the pile driving, drilling, marine construction, manufacturing and redistributing markets. This startup of six people has since grown substantially as the markets and clients have demanded industrial and sanitary hose offerings.
With growth like this, The Hose Company further expanded this year by opening a 7,000 square foot warehouse expansion and added additional loading docks to meet all the shipping demands of its hydraulic and industrial clients.
"We have added industrial and sanitary hoses to our product offering. So not only are we doing hydraulic, but [are] now offering new markets industrial hose and fittings," Smith said. "We cut our teeth on the toughest part of the construction industry, pile driving, while supporting all other construction sectors [and] added a focus on the waste management industry and material handling. Today, The Hose Company has mastered each area they have taken on and are supporting more sectors like the carwash industry, elevator companies and other OEMs that build equipment, like car crushers...."
The Hose Company started out selling B2B in the hydraulic markets. Today, they are doing much more with a fleet of retail and repair vehicles to handle on site with contractors, OEMs and more.
Educated responsiveness is a cornerstone of The Hose Company's strategy. The company's goal is to educate its customers on how best to care for and maintain hoses, but to also always be available when problematic situations occur. The Hose Company team believes their ability to help clients centers around a customer-focused inventory and superior educational resources.
"We want to speak the same language as our clients, so we offer one of the most comprehensive hose glossaries one can find online," said Luke Carpenter, hose team technician.
A manufacturer and distributor
The Hose Company manufactures Hydrauli-Flex, their brand of hydraulic hose in one-wire, two-wire, four-wire and six-wire hoses. The impressive part is The Hose Company carries and sells on a daily-basis 50-foot, 100-foot, 150-foot and 200-foot bundles of the large four-wire and six-wire hose. Many hose resellers in the market are working with The Hose Company as their supplier of this large hose.
The Hose Company is a major distributor for the products contractors know and trust from Anchor Fluid Power, Brennan Industries, Dixon Industrial, Kuriyama, Midland Metal, NovaFlex, NRP Jones, Thompkins Industries, Word Wide Fittings, ZSI and many others. The Hose Company's highly trained team can reference part numbers from all these major fitting sources to best assist clients in getting the right fitting the first time.
What's up in 2019?
In 2019, The Hose Company's big initiative was the expansion into the industrial parts hose, offering to start and service the entire job site. Customers that do pile driving will also need other hoses outside of hydraulics. They need lay flat hose, discharge hose, air flow hose and more.... When the company's repair fleet goes onto a job site, it can fix all hoses and fittings saving customers time and money.
"We really want to show our customers that we can deliver, and we deliver more more service, more advice, more help when they need it... just a lot more," said Smith.