30+ Years in Construction Law

 

Where did the time go and what does it teach us about the future?

by James Dash, Carlson Dash, LLC
Chicago, Milwaukee, Pleasant Praire
Originally published in PileDriver magazine, Issue #4 2020, Volume 17, No. 4

[Excerpt] A useful saying that I learned long ago is that: (i) good judgment comes from experience; and (ii) experience comes from bad judgment.

When the PDCA asked me to write a piece about what progress has been made in the last quarter-century plus, it reminded me why it is useful to look at the past: while circumstances change, human behavior is a relative constant, so history experience over a longer period of time is often predictive of the future.  You've probably heard variations of the phrase "Those who cannot remember the past are condemned to repeat it" (attributed originally to philosopher George Santayana).  Truer words were never spoken.  

I find it hard to believe that I have represented parties in all areas of the construction space for over 30 years now, but perhaps I can relate some of my experience to help the reader make a more informed, and perhaps a better, decision on a matter of importance to him/her. 

Read the full article.

PileDriver Magazine Exclusive:

Issue 4 2020, Volume 17, No. 4

PDCA's Past Presidents

A roundtable discussion with PDCA's former leaders about the industry, the association and more

[Excerpt] The Pile Driving Contractors Association is celebrating its 25th anniversary in 2020.

John C. Maxwell once said, "A leader is one who knows the way, goes the way and shows the way." This sentiment rings especially true for the executive leadership of PDCA - all contractors, PDCA's presidents work in the trenches of the driven pile industry, recognizing challenges and helping to establish solutions to move forward. 

PDCA invited several past presidents to discuss their experiences leading the association, how they think the industry has changed over the last quarter-century and what they believe PDCA needs to do in the future in order to remain valuable and increasingly beneficial to its members and the driven pile industry at large. [READ full story here.]

Read this insightful discussion with many key players in PDCA's 25-year history in PileDriver magazine, Issue #4, 2020. It includes perspectives from Dave Chapman of Blakeslee, Arpaia & Chapman, Inc. (pictured above, left) who served two separate terms as president and Scott Callaway of Cajun Industries, Inc. (pictured above, right) who led the organization in 2019. Other past presidents who provide input in the wide-ranging discussion include Skip Gardella of Norwalk Marine, Inc. (pictured below, left) who was the first PDCA president; also Buck Darling of Herbert F. Darling, Inc., Rusty Signor of TX Pile, LLC., and Mike Justason, presently at McMaster University (pictured below, right).

    

PileDriver magazine:
Celebrating 25 Years of PDCA!
The Anniversary Edition

For 25 years, the Pile Driving Contractors Association (PDCA) has been the leading organization dedicated exclusively to the representation and advancement of the driven pile in deep foundations construction. Make sure to browse this issue of PileDriver magazine which chronicles the organization's history dating back to its formative years in 1994-95. 

There is plenty of nostalgia if that is your pleasure. You will sit in with several of PDCA's Past Presidents who reflect on industry developments and share ideas for continued progress in pile driving. Also, review the contents of a recently unearthed time capsule depicting PDCA's earliest days, including some of the organization names that were considered, logos that printed on letterhead, advertisements that ran in various publications and more.

If you are seeking technical content, new and compelling analyses are available, too. Some of the unique and thought provoking material you will find includes "A Comparison of Factors Affecting the Static Axial Resistance of Drilled and Driven Piles" by Dan Brown, P.E., D.GE., M.ASCE of Dan Brown and Associates on Page 60. Also, you can read "A Legacy of Innovation in Testing" by Ryan Allin, P.E., of Pile Dynamics, Inc. on Page 56. And don't miss "Driving Technology With the Latest Structural Retaining Wall Systems," submitted by the PDCA Steel Sheet Pile Committee on Page 100. There is plenty more shared knowledge available in this issue, so take your copy to your favorite reading spot and enjoy.

Finally, several PDCA members share their own business experiences and evolutions from the past 25 years. Chris Kinley of Foundation Constructors provides a 'look under the hood' at how his California contracting company has pivoted safety operations this year to meet the demands necessitated by the COVID-19 pandemic. Jim Dash of the Carlson Dash law firm in Chicago shares unique perspectives on Construction Law and some of the major developments that have happened since 1995.

The digital edition is available here; if you are a subscriber of the print edition, it should be reaching your mailbox soon. Thank you for your interest in PDCA and please never hesitate to share your thoughts and ideas about this, or any issue of PileDriver magazine. And if you want to submit content for future magazines, we want to hear from you as well. We appreciate your support of PDCA.

Pile Driving Industry Offered Market-Specific Resources
Through PDCA Regional Roundtable Series

Orange Park, FL (September 2, 2020):  In the absence of live programming for much of 2020, PDCA continues to develop and offer members and the global pile driving industry, opportunities for participation through virtual events; these are designed to facilitate industry engagement, education and professional development.

The PDCA Regional Roundtable Series begins September 18, 2020, making available industry engagement for the regional pile driving community in six different U.S. markets. Each of the six events will be a virtual program offered to PDCA members and non-members for FREE through the Zoom platform (pictured, right). During these one-hour events, PDCA will provide the attendees with the following material:

• An update to membership on Association activities that close out 2020
  • Annual Conference Webinar Series
  • Deep Foundations Dynamic Testing & Analysis
  • 2021 Membership Directory deadline (September 30^th)
  • PDCA Executive Committee and Board of Directors elections
• An update on the value and benefit of establishing a local Chapter (each of the six events is in a region that has a sizable pile driving industry and could sustain an active PDCA Chapter)

• An invitation to non-member, webinar participants to join PDCA; this will include a Q&A for those who want to learn about specific Association functions

Each of the six sessions is scheduled for one-hour and is FREE to attend. If you are an active PDCA member, we hope you can drop by the virtual event. If you are not currently a member, but have interest in learning more about PDCA, we encourage you to attend as well.

The schedule for The PDCA Regional Roundtable Series follows; please note, all events are listed with start times in the local time zone. [Please click the event below, for which you wish to register.]

• September 18^th Pacific Northwest Region, 11:00 A.M. (PDT)  
• September 25^th Capitol Region (Greater D.C. Metro), 1:00 P.M. (EDT)
• October 1^st Greater Texas, 1:00 P.M. (CDT)
• October 8^th Midwest Region, 1:00 P.M. (CDT)
• October 15^th New England Region, 1:00 P.M. (EDT)
• October 22^nd Lake Erie Region (MI, OH and Western PA) 1:00 P.M. (EDT)

A 'Deep Dive' Into the Crane Operator Certification Process

Orange Park, FL (September 3, 2020): The PDCA 2020 Annual Conference Webinar Series continued on Wednesday, September 2nd. During the second installment of the five part series which runs through December, Ms. Toya Brown (pictured) of the National Commission for the Certification of Crane Operators (NCCCO) delivered a presentation detailing the process and benefits a participant can expect while pursuing the OSHA-required, Dedicated Pile Driver Operator certification. 

According to Ms. Brown, an individual who intends to pursue certification must be at least 18 years of age, he/she must comply with NCCCO's substance abuse policy and Code of Ethics, and he/she must pass both a written and practical exam. 

Among the many benefits to an individual or organization that successfully completes the rigorous, NCCCO training and examination include:

• Reduced risk of loss
• Fewer accidents
• More consistent training 
• Expanded job opportunities for those who work in and around load handling equipment.

To learn more about the NCCCO Dedicated Pile Driver Operator Certification Program, please visit NCCCO's webpage which provides further information and resources. Also, please check back with The PDCA Store which will soon be providing a recorded video of Ms. Brown's September 2nd presentation.

The PDCA 2020 Annual Conference Webinar Series continues on October 7th which will feature a presentation on Working Platforms.
 

 

A Pile of News: September 2020 A briefing on news and information from the pile driving contractors, associated manufacturers, construction suppliers and affiliated engineers who comprise the PDCA. By Matt Bisbee, PDCA From the Association & Chapters Despite the challenges 2020 has presented, PDCA continues to provide a full slate of education and professional development opportunities, many in virtual format. Please plan to participate in these upcoming events:   Event: The PDCA 2020 Annual Conference Webinar Series, a five-part event offered through Zoom, continues September 2nd, and the first Wednesday each month through December. Registration is FREE to PDCA members; non-members' registration is $100 per session (ask about applying the registration to a new PDCA membership). Each of the following programs offers Professional Development Hours (PDH) credit:  • Webinar Series #2 (click to register) Sept. 2, 2020 from 3:00 PM to 4:00 PM EDT Dedicated Pile Driving Certification Requirements by Toya Brown of NCCCO • Webinar Series #3 (click to register) Oct. 7, 2020 from 3:00 PM to 5:00 PM EDT Working Platforms Update and Panel Discussion by Peggy Hagerty Duffy and Terry Holman, ADSC; Gerald Verbeek of Allnamics USA moderates panel comprised of PDCA, ADSC and DFI members) • Webinar Series #4 Nov. 4, 2020 from 3:00 PM to 5:00 PM EDT You Stopped Getting Paid, Now What? by Ryan Maloney, Esq. of Jimmerson Birr • Webinar Series #5 Dec. 2, 2020 from 3:00 PM to 4:30 PM EST Tilting at Windmills: Don Quixote Meets the International Building Code by Dale Biggers of Boh Brothers Construction   Event: Virtual DICEP 2020 takes place Sept. 16-17 and again Sept. 23-24, from 3:00 to 5:00 PM (EDT) each day. Courses will focus on Steel Sheet Pile and Wave Equation. Up to 7.5 PDH available.   Event: At this time, Deep Foundations Dynamic Testing & Analysis (DFDTA) is scheduled as a live event coming Nov. 11-13 in Orlando, FL. It is in partnership with PDI, Inc. Early bird rates available until Oct. 16. Special thanks to ASCE-Florida Section, Florida Marine Contractors Association and Florida Transportation Builders Association for marketing support.   Read: Watch for the next PileDriver magazine, commemorating the 25th anniversary of PDCA! It features new and unique content including technical analyses, nostalgic conversations and a recently unearthed time capsule.   Welcome: Meet new PDCA committee chairs: Rick Kalson, Esq. of the Contracts & Risk Committee and Chris Normand, P.E. of the Safety & Environmental Committee.   Join: Sept. 30 is the deadline for your company to be included in the 2021 PDCA Membership Directory, a critical industry reference book. If you are not already a member, join PDCA today; click here to enroll online and ensure your directory listing.   Congress: An extension of the current surface transportation law by September 30th may be the last option to continue road and bridge projects in the U.S. Many insiders point to the health crisis as thwarting hopes of a bipartisan reauthorization in 2020. Help: September is Suicide Prevention Month; PDCA joins with the Construction Industry Alliance for Suicide Prevention to raise awareness of the issue and hopefully help companies avoid a tragedy. Learn what steps you can take in your workplace. News from PDCA Companies Recognitions: Massman Construction's Champ Clark Bridge project earns widespread recognition, including the National Merit, MoDOT Award. Pacific Pile & Marine snags hardware for the Elliott Bay Seawall Project. Dewberry of Fairfax, VA recognized by Lidar Magazine for Outstanding Enterprise Achievement; the firm also wins three excellence awards in New York. EXP of Ontario cracks the top ten in a ranking of engineering "Giants." GeoEngineers' Seattle team provided extensive geotechnical services for a new justice center earning them a National Award of Merit in the governmental category. Infrastructure Consulting & Engineering, PLLC of Columbia, SC is recognized with two awards for transportation projects.   Expansions: Sunroc, a Utah powerhouse, breaks into Eastern Idaho market with its parent company's acquisition of civil constructor Depatco. John Lawrie Tubulars adds to its Houston yard; announces expanded presence in Camden, NJ, including five new acres and a 120K-square-foot fabrication shop. Samuel Roll Form Group reports progress on expansion in Iuka, MS ahead of schedule.   Anniversaries: Marking 50 years in the U.S., Liebherr USA unveils a new headquarters. Take a virtual tour of the Newport News, VA facility signifying the company's "long-term focus," according to director Torben Reher. Governmental relations: U.S. Reps. John Katko (NY) and Joe Wilson (SC) lauded Nucor operations in their respective states during an International Trade Commission hearing where company designee Don Barney advocated keeping trade remedies on some steel imports. Elsewhere, Indiana Congressmen Jim Banks, Drew Ferguson tour Nucor facility in The Hoosier State. Also, Nebraska Gov. Pete Ricketts names Nucor a recipient of a Developing Youth Talent Initiative grant to introduce manufacturing, engineering careers to students. Eustis Engineering gets a nod from Louisiana Gov. John Bel Edwards in a proclamation commencing construction on the Bayou Chene floodgate structure. Seattle Mayor Jenny Durkan spoke at the virtual graduation of Clark Construction's unique, 2020 Strategic Partnership Program, a program for commercial construction and engineering businesses in seven U.S. cities. Local officials recognize two projects of Thibodeaux, LA-based Sealevel Construction; a lock improvement with 290 timber piles and a flood mitigation job Scanning other media: The Manitowoc Herald-Times quotes Erich Pitz in a story about Wisconsin's maritime history. Through their work in and around Lake Michigan, McMullen & Pitz Construction has preserved key marine artifacts and prominently display them on company grounds and at nearby public spaces. Engineering News Record details the foundation construction on a Brooklyn, NY building poised to become the Big Apple's tallest building outside Manhattan; Linde Griffith performs the construction with Nucor steel. (h/t Buck Darling) Dixie Contractor magazine examines the Georgia DOT I-85 expansion; among firms credited for involvement in the massive effort is Infrastructure Consulting & Engineering of Columbia, SC. 11 KTVA-TV, Anchorage updates progress on a new terminal at the Port of Alaska. Among the contractors involved the construction is award-winning Pacific Pile & Marine of Seattle. More News: It could buy me a boat Blakeslee Arpaia Chapman brought the "stage" for the fourth annual Charles Island Music Festival. They dusted off a spare barge and pushed it into Long Island Sound. The time, labor and resources from the Branfield, CT contractor helped the organization raise $10K for Yale New Haven Children's Hospital while music fans on 500 socially distanced boats enjoyed a daylong concert. Frontline Heroes In its company publication The Boh Picture, Boh Bros. Construction of New Orleans features a touching tribute to COVID-19 first responders who have family connections to the company.   September means back to school Not every student physically returns to a campus, but a Foundation Constructors, Inc. crew from Oakley, CA was spotted diligently working in an outdoor lab at Sonoma State University as they performed a compression test on a grout-injected pile. Not a summer vacation A crew from Koppers put in long (and hot) hours this summer to rebuild a 500-foot-long rail bridge after the previous one spanning the Kansas-Oklahoma border burned down. Just another cog in the wheel There's an improved supply chain for U.S.-produced oil leaving Texas; Orion Marine Group assisted in the construction of the newly completed Port of Corpus Christi Gateway Terminal.   Floral piles...what? Coming spring '21, Little Island at Pier 55 in New York City. Mueser Rutledge Consulting Engineers performed extensive geotech and marine engineering services to preserve the bulkhead built in the 1890's and designed the concrete piles that look like "tulip pots," which form a unique, elevated park space. People on the Move The monthly round-up Leading off, John King makes it a "dirty thirty" at Piledrivers, Inc. in Charleston, SC congratulations on the 'workiversary' to the esteemed PDCA past president! Elsewhere, Orival Thompson, a retired Florida highway patrolman, joins Balfour Beatty as USDOT compliance manager. Steve Henderson is the new director of operations at Cajun Industries, Houston. Dr. Jussara Tanesi joins the Saint Paul, MN office of American Engineering Testing, Inc. John Magnavita named office manager in West Palm Beach at ECS Florida, replacing Corey Nees who transitions to the same role in Baton Rouge; Jason Adams joins the firm's Sunshine State offices. L. Inman Hodges Jr. named to Savannah-based EMC Engineering Services' board of directors. Sean Walsh promoted to engineering manager at New Orleans-based Eustis Engineering. Also, senior inspector John Oubre retires after 29 years, which included missing vacations and working on his 25th wedding anniversary. Neil Churman named senior vice president at TRC Companies' Houston office. Tiffany Harrod, shareholder at Munsch Hardt Kopf & Harr PC, becomes the new chair of the Houston Bar Association Construction Law Section. Safety first: Tracie Bergeron and Jake Woods, both of Patriot Construction and Industrial in Duson, LA, are recognized for their ongoing commitment to workplace safety.   Jonathan Perou, a crane operator at Sealevel Construction Inc., wins a company poster contest focused on workplace safety. Click here to see his work. While Aggregate Technologies of Houston received recognition for safety practices, employees Chris Mitchell and Ronnie Thompson, who are veterans, were saluted for their military service.   Reading, writing and arithmetic: Scott Webster of GRL Engineers and a PDCA Executive Committee member co-authored Driveability Analysis Techniques for Offshore Pile Installations with GRL colleague Brent Robinson.   Bill Camp of S&ME dispels a preconceived notion about the occurrence of earthquakes in his published article, Earthquake Engineering: How to Design for Earthquakes.   Other notes of interest: Dave Mahoney, executive VP at Dewberry in Fairfax, VA, is appointed to the Construction Industry Round Table's (CIRT) Board of Directors. Laura Register of Terracon is named the Engineer of the Year by the Nashville Business Journal.   Nathan Scalla of Clark Construction, a lymphoma cancer survivor himself, is the 2020 Leukemia & Lymphoma Society National Capitol Area Man of the Year.    The future looks bright: Sara Fayek is awarded the Shannon & Wilson Inc. Richard Frueh Memorial Scholarship to continue her graduate work at Missouri S&T. Mike Juneau at Premier Geotech and Testing shows students that tests can be fun. Dermot Fallon of Foundation Constructors is committee chair for the 43rd Annual Construction Industry Boy Scout Lunch-O-Ree; an Eagle Scout himself, he invites your support of the event benefiting Scouts in the San Francisco Bay Area.   Babies! Congratulations to Cecil D. Gassiott, LLC employees Clay and Amy Langston on your baby boy, also Kelly and Lizzy Thompson on your baby girl! What's in the water there? Elsewhere, Panu at Junttan welcomes a baby girl.   Condolences: PDCA sends its deepest sympathies to the family of Mary-Alice Zepeda in Houston. She was a joy to co-workers at Lodge Lumber. A GoFundMe supports her surviving family. Random notes from the field The secret of their success "A good contractor is only as good as his/her truck," said no one, ever... except maybe the salesman at this Portland, ME truck dealership who proudly advertises that they have created a "purpose built beast" for H.B. Fleming, Inc.   Flotilla for science Someone warn this Universal Engineering Sciences crew to watch for raucous, political boat rallies when drilling pilot holes for a future bridge connecting Tampa and St. Pete. Happy Election Season! You miss 100% of the shots you don't take ECS Limited principal Alexis Herr authored the proposal for a comprehensive facility upgrade to Hogwarts beginning with ground penetrating radar, up to roof consulting. While still awaiting an agreement, the proposal to the School of Witchcraft and Wizardry, made famous by J.K. Rowling's Harry Potter book series, has no expiration.   Quotable: "The more we work together to build up our industry, the better it is for everyone." Mike Moeller of Atlas Foundation Company in Osseo, MN in PileDriver magazine. We couldn't say it better! Thanks for reading 2020's ninth installment of A Pile of News; please keep sending and posting your company announcements. And don't forget to include #PDCADriven on your social media, you might be randomly selected to win PDCA logo merchandise from The PDCA Store. ‌ ‌ ‌ Copyright © 2020 Pile Driving Contractors Association, All rights reserved. You are receiving this email because you are an industry leader in the piling community and may be a member of the Pile Driving Contractors Association.