Contracts: Making sure YOU get Paid!

Presenter: Aaron Dean

Wednesday, December 7, 2011

Check-in 7 a.m. Class 7:30 a.m. to 10:00 a.m.

Radisson Roseville Hotel

Finish the 2011 construction season and start the next season without repeating pesky mistakes by attending this seminar to see how to protect your company's bottom line and get paid for your work.

-Prevent disasters from occurring in the first place. Essential terms and conditions for your bid.

-Did I really agree to this? Contract terms to be wary of and reject before signing a contract.

-What do I do now? Memorializing changed conditions and pursuing claims.

-How to get paid. Pursuing all of your legal remedies including mechanic's liens, payment bonds, breach of contract, equitable claims, account stated claims, and prompt payment claims.

-Did the general contractor get paid, but didn't pay me? Using the Freedom of Information Act to determine who was paid when on Minnesota and outside of Minnesota public construction projects.

-Know your rights under Minnesota Law. Contractors Bill of Rights and common statutes used by contractors.

-Possible new Legislative changes.

Speaker: Aaron A. Dean of Fabyanske, Westra, Hart & Thomson, P.A.

Mr. Dean is a local construction lawyer who represents general contractors, subcontractors, and suppliers in Minnesota and outside of Minnesota. Dean is also the President of the Construction Law Section of the Minnesota State Bar Association. Construction lawyers across Minnesota elected Mr. Dean to this position.

PRO-10: The Core4 Basics You MUST Have

Presenters: Vicki Sandberg and Tom Cherioli

Tuesday, December 20, 2011, 12:30 p.m. to 4:30 p.m.

Thursday, February 23, 2012, 12:30 p.m. to 4:30 p.m.

March date TBA

Classes begin promptly at starting time

Location: Federal Mediation Center, 1300 Godward Street NE, Minneapolis, MN 55413

If you haven't heard the term "PRO-10" you may want to read this and attend this seminar. PRO-10 is training that owners/clients will start putting in the bid-specs on projects very shortly. The training starts off with the Core4, which are the building blocks of PRO-10 covering communication, safety, mutual respect, and professionalism. Owners and clients understand that contractors and workers know our trade but are now demanding a higher form of cooperation between themselves, contractors, and union members. That's why all three parties, or whoever is working on a dedicated PRO-10 jobsite, will need to carry a PRO-10 certification card.

Certified instructors will instruct the Core4 class, and to make sure our members receive this training we've lined up three sessions. The Core4 basic topics include Professionalism, Safety, Communication, and Mutual Respect. An additional six hours of "Professional" training will be required of each person to become PRO-10 certified. If you've taken any classes dealing with communication or employee relations within the past five years, they may qualify for the additional six hours of this training; check with MMCA (651-646-2121) if you've taken classes that you think may qualify.

To register call Vicki Sandberg at (651) 260-3432 or respond to vickis@ibewpros.org with your name, company name, class date (include 2nd and 3rd option), and trade you're affiliated with. DUE TO THE CLASS SIZE BEING LIMITED TO 30, YOU MUST RECEIVE NOTICE THAT YOU ARE REGISTERED. DO NOT ASSUME YOU ARE REGISTERED UNTIL YOU RECEIVE NOTIFICATION.

Exit Planning: The End is Near - Part 1

Presenter: Dyanne Ross-Hanson of Exit Planning Strategies, LLC

Wednesday, January 18, 2012

Check-in 7 a.m. Class 7:30 a.m. to 9:30 a.m.

Location: Roseville Radisson

Internal Transitions: Can They Work?

Many construction businesses transition to internal buyers, i.e. co-owners, key employee groups and/or family members. The reality is that rarely do these parties come to the table with much capital for purchase. In addition, many strategies utilized are ridden with unnecessary taxation, thereby benefiting a "silent partner", the IRS, most often.

Yet with adequate pre planning, time and capable management, internal transitions can and do work. This workshop will discuss the most common strategies used for transitioning to internal buyer(s) and still maximizing value for the sellers. Installment sale, "modified buy-in", ESOP, Old Company/New Company (often used in construction industry) will be covered.

Key Employee's Incentive Plans

Any successful business has one or more Key Employees. An owner's job is often to develop this talent thereby reducing his or her own significance within the company. The more valuable the owner is to the company, the less value the company is within the marketplace.

How does an owner identify key employees? Why are they important? What are five key ingredients to designing effective incentive/retention plans? Should plans involve stock incentives, cash incentives or both? Learn what Non Qualified Deferred Compensation Plans, Phantom Stock and Stock Appreciation Rights Plans are and when to use them. What circumstances make one better than the other? What tax implications are there to the company and the executives with each? When and where are non-compete agreements appropriate.

AA/EEO Training – Staying Compliant

Presenter: Minnesota Department of Human Rights and JobConnectMN

Wednesday, February 1, 2012

Check-in 7 a.m. Class 7:30 a.m. to 10 a.m.

Location: Roseville Radisson

Affirmative Action and Equal Economic Opportunity have become very important phrases, especially in the construction community. With contractors fighting for jobs your company not only needs competitive bids but when working on city, county, and state projects you may need to have your AA/EEO records and efforts documented. Our office receives a lot of questions on what contractors need to do to be compliant, who to report to, how to complete AA/EEO forms, what things they can do to show good faith efforts, and many other questions.

To answer AA/EEO related questions we've invited representatives from the Minnesota Department of Human Rights to speak to our members on the above topics and also to answer any questions about (State EEO) forms and anti-harassment policies. In addition we'll have John O'Phelan give a presentation on JobConnectMN.com, which is an organization with a helpful website that we strongly recommend using when looking to fill any positions within your company.

Whoever is charged with the Human Rights responsibilities in your office should plan to attend this very informative and helpful seminar!

Common Problems that Make Contractors Go Broke or Go Out of Business

Presenter: Aaron Dean and Tom Lahl

Wednesday, February 15, 2012

Check-in 7 a.m. Class 7:30 a.m. to 9:30 a.m.

Radisson Roseville Hotel

The Minnesota Mechanical Contractors Association is providing a seminar at the start of the 2012 construction season that is a must-attend for your company's Project Managers, Chief Financial Officer, President, and executives. Local construction lawyer, Aaron Dean, and surety professional, Tom Lahl, will make a joint presentation regarding common problems that put contractors out of business.

The following topics will be discussed:

1. Bidding the wrong jobs to the wrong customers. When getting the work is not worth the risk.

2. Be careful what you wish for: Trying to be the low bidder without paying attention to your bid terms and conditions or contract terms.

3. Never again: bidding to or signing the contract with the problematic customer.

4. Material price escalation: make sure you don't get stuck with all risk.

5. Keeping track of costs: what internal controls do you have to ensure that all costs are properly coded and tracked by job?

6. You agreed to WHAT? Why? Important contract terms to know before you submit your bid or sign your contract.

7. Why can't I close out this job? Project close out issues keep you tied to the job.

8. Cash flow issues. Everyone wants to get paid, yet I am having trouble getting paid. How do I stop this?

9. Communication issues. What happens in the field is not communicated to the home office.

10. What to do in the event of a default or a termination for default.

Co-Presenters:

Aaron Dean. Mr. Dean is a construction lawyer and a shareholder at the Fabyanske, Westra, Hart & Thomson, P.A. law firm in Minneapolis. For 2011-2012, Mr. Dean is the President of the Construction Law Section of the Minnesota State Bar Association. He was elected to this position by the other construction lawyers in the State of Minnesota. For 2011-2012, Mr. Dean is on the Board of Directors of the American Subcontractors Association.

Tom Lahl. Mr. Lahl is a Surety Bond Agent at Pate Bonding in St. Paul, Minnesota. Mr. Lahl has 15 years experience representing contractors and helping sureties underwrite surety bonds on public and private construction projects.

The Legality of Drug/Alcohol Testing

Presenter: Lee Mauk

Tuesday, March 6, 2012

Check-in 7 a.m. Class 7:30 a.m. to 9:30 a.m.

Radisson Roseville Hotel

One of your technicians pulls his service vehicles into your parking lot and when he opens the door you detect an overpowering smell that you believe to be marijuana. What do you do? The answer may not be as clear as you would think, and that's the first thing you need to do...keep your cool and think.

Last year we held a seminar on Reasonable Suspicion to identify drug and alcohol use at work but attendees wanted more. Contractors want and need to know what they can and should do before you enact a substance abuse policy, what procedures must be followed, and what action can get you in legal trouble by not following your policy. This seminar is one that will help keep you out of the attorney's office and keep your business in your hands by knowing the correct procedures.

Lee Mauk is one of Minnesota's top experts on substance abuse policies and will help you avoid legal landmines that your employees and their attorneys may have set for you. If you've worried about testing or not testing someone for substance abuse, this seminar is a necessity for you.

Registration and Seminar Location

To register for any of these classes (except for PRO-10/Core4) contact MMCA at pberg@minnesotamca.org with the class title in the subject line and your company name and attendee(s) names in the message area.

All MMCA seminars except for the three PRO-10/Core4 seminars will be held at the Radisson Hotel in Roseville. Food will be served prior to the seminars. The Radisson Hotel is located at 2540 North Cleveland Ave., Roseville MN 55113 (near 35W and Hwy 36).