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Pay if Pay Contract Provisions in Texas

Pay if Pay Contract Provisions in Texas. Are they Enforceable?

While doing a mini lien and bond presentation last week at NAWIC Fort Worth (a great group of ladies and a great organization) I was asked whether pay-if-pay provisions are illegal in Texas. The question sparked some lively conversation so, for those that may have that same question, here’s a bit of background and the answer: A pay-if-pay provision is a contract term whereby a party can shift the risk of owner (or upstream) non-payment to a downstream pay recipient. In other words, a GC can shift the risk of owner non-payment to the sub, thereby eliminating the GC’s obligation to pay the sub for the work the GC hires the sub to perform unless and until payment is obtained from the owner. This can, of course, also be applied by a sub to a sub-sub or other vendor. The ultimate goal with this provision is to eliminate the “middle man’s” obligations to pay for the work/materials it contracted to have performed/provided.  Unlike other states, done correctly, pay-if-pay provisions are absolutely enforceable in Texas. Done incorrectly it becomes a pay-when-paid provision that requires payment within a reasonable period of time.

Pay When Paid – What is a Reasonable Period of Time?

What is a reasonable period of time? There’s no set time limit – it’s a question of fact to be decided in the event of litigation.

The bottom line is that you should read any contract you’re being asked to sign to identify the risks you’ll be agreeing to undertake. If you don’t want to get stuck depending on the owner (generally a stranger to you) for payment, request that the pay-if-pay provision be stricken. If you cannot get it stricken then consider personally reviewing the owner’s financials to ensure, as best you can, the owner’s ability to pay its bills as they become due. Also consider requesting the GC assign you the right to pursue payment directly from the owner in the event of non-payment. While not a guarantee of payment, both are powerful and under-utilized tools in the world of pay-if-pay.

By: Karen Ensley

Ensley Benitez Law, PC

Karen can be reached at karen@eblawtexas.com

GatorBar Rebar

GatorBar Rebar Now for Sale at Southwest Scaffolding

Southwest Scaffolding is now a distributor of GatorBar Rebar. So what is GatorBar? It is a fiber reinforced polymer (FRP) rebar manufactured by Neuvokas Corp. GatorBar is superior to conventional steel rebar in many ways. It is 2x stronger than steel rebar. It is 7x lighter than steel rebar, and is non-corrosive – meaning it does not rust.

Stronger than Steel

GatorBar is much more elastic than steel rebar – meaning it can take more stress and still return to its original shape. #4 steel rebar becomes permanently deformed at 7,800 lbs of stress. #3 GatorBar becomes permanently deformed at 16,000 lbs. Which would you rather have underneath a busy driveway or in a foundation poured in a region with expansive clay?

Lighter than Steel

A bundle of 25 pieces weighs just 47 lbs and a pre-tied grid of GatorBar can be carried by just two people. This means GatorBar is easier to work with. It can be tied together and put in place more quickly. What used to be a four-man job is now a two-man job and what used to be a two-man job is now a one-man job. You will save on labor and get your projects done more quickly and efficiently with GatorBar.

Non-Corrosive

Have you ever seen a driveway or retaining wall ruined by rust streaks? Cracks, porosity or improper rebar placement can expose steel rebar to water and oxygen, which causes it to oxidize and rust. Rust is extremely difficult and expensive to remove from concrete, stone and grout and it will always come back if the underlying issue causing it is not addressed. Well you don’t have to worry about that with GatorBar rebar. Because GatorBar does not contain any steel or iron, it does not rust. Even if exposed to the elements, you will not experience those ugly rust streaks.

Competitively Priced

GatorBar is competitively priced with steel rebar and in many cases less expensive. #3 GatorBar is about the same price or slightly less than #3 steel rebar. However, #3 GatorBar actually replaces #4 steel rebar because it is stronger. #3 GatorBar is almost universally less expensive than #4 steel rebar. So not only are your saving labor cost with GatorBar, you are also saving money on material.

Find out more about the advantages of GatorBar, and technical information and testing results.

Many states and municipalities are accepting GatorBar as a pre-approved submittal replacement to steel rebar in for certain applications.

 

Non-Stop Scaffolding Rental in New Orleans

Non-Stop Scaffolding Rental in New Orleans, Louisiana

GET A NON-STOP RENTAL QUOTE

Here are some photos of a Non-Stop Scaffolding rental we delivered to New Orleans, LA. We send Non-Stop rentals all over the United States and Canada. Our rental programs are competitive. You will make more money on a medium to large masonry project renting Non-Stop scaffolding from us than you will by using conventional frame scaffolding.

Non-Stop Scaffolding Rental Programs

We offer rent to own programs if you are interested in owning Non-Stop Scaffolding. We also offer on-site training. We will come to you at your project, no matter were you are. Find out more about how Non-Stop can save you money.  

If you are looking for used Non-Stop Scaffolding, we have that too. We have reconditioned it to look and function like new. Find out more here. 

Non-Stop Scaffolding Rental in New Orleans, Louisiana
A recent scaffolding rental delivery to New Orleans, LA
scaffolding delivery
New Orleans , LA receives a delivery of rental scaffolding from Southwest Scaffolding LLC
scaffolding rental and delivery
We recently delivered a non-stop scaffolding rental to a jobsite located in New Orleans LA.
scaffolding delivery
Delivery of Non-Stop scaffolding rental to New Orleans LA Job

Non-Stop Crane Set Up

Non-Stop Scaffolding Crane Setup

This photo shows our Non-Stop Scaffolding crane setup. These cranes are specifically designed to be used with Non-Stop and can hoist equipment and materials up to the scaffold platform. They are particularly useful when the scaffold platform is too high for your forklift to reach it. This crane integrates with the Non-Stop platform and attaches to the tower pieces. At Southwest Scaffolding, we both sell and rent these cranes. If you have any questions, need a quote or need some Non-Stop training. Please contact us

Find out more about how Non-Stop can help you make more money on your next project.

Non Stop Scaffolding Crane
Non-Stop Scaffolding being used for a crane set up.

How to Make Sure Your Workers Stay Safe with Scaffolding

Scaffolding Safety – How to Make Sure Your Workers Stay Safe with Scaffolding

Scaffolding Safety - How to Make Sure Your Workers Stay Safe with Scaffolding

Scaffolding exists to make job sites safer, but if it isn’t used correctly, it becomes a hazard itself. The Bureau of Labor Statistics reported 713 fatal falls to lower levels last year, including 48 falls from collapsing structures or equipment and 79 falls to surfaces less than six feet below. Workers rely on scaffolding to reach elevated surfaces, but even a slight elevation makes mistakes more costly, so it’s important to use scaffolding exactly as intended. Avoid a preventable scaffolding injury by making sure you and your employees understand every safety regulation and manufacturer instruction that applies to the scaffolding you use.

Take these steps to keep your workers safe and your scaffolding effective:

Train Every Worker in Scaffolding Safety

A workplace is only safe when every worker knows how to keep it that way. Each construction site will have different scaffolding requirements, and your workers must know how to distinguish between them and safely meet them all. Proper training and education is the only way to make sure your whole workforce understands the specifics of each scaffolding safety rule and why it’s so important to follow, from wearing harnesses at certain elevations to using separate ladders for certain types of frames. Regular training also keeps workers up-to-date on new scaffolding systems and correct construction methods.

Invest in training now to avoid falls, falling objects, collapses, and inspection violations later. Show workers exactly how to construct and use a variety of different scaffolding types, including suspended and supported platforms, stationary and rolling towers, and wood and metal planks. Proper use training should always include the safety gear and maintenance tools they’ll use, too. Emphasize the fall protection requirements and access requirements that apply to all scaffolding, and confirm that every employee knows how to identify and apply different rules for different types and heights.

Choose the Right Scaffolding for the Job

Of course, using scaffolding safely starts with using the right scaffolding. Your scaffolding must fit the unique dimensions, obstacles, and accessibility requirements of each job, and some products and systems are more convenient for specific tasks. Make sure you choose scaffolding that provides sufficient access to higher levels and lets workers do their jobs safely, whatever that means for you. Consider your timeline and surrounding environment as you make this choice, and pay attention to safety rules that change or tighten according to factors like ceiling height, the distance between ladder rungs, and weather conditions.

For example, walk-through frames make it easy to access long lengths of a wall without interrupting workflow below, and they can be attached to equipment below or next to them. More adaptable tube and clamp scaffolding are valuable in settings with odd shapes and obstacles, such as machinery, stairs, and tanks. And if you need scaffolding that’s easy to assemble in tight indoor spaces, opt for a height adjustable tower like the Southwest Scaffolding Steel Multipurpose Scaffolding Unit. A versatile piece of indoor equipment, this type of scaffolding can be adjusted and relocated as often as necessary.

Use Scaffolding Exactly As Intended

Proper scaffolding use starts with construction and assembly. Set-up should always be supervised, and all bracing and support mechanisms must be double-checked to make sure they’re secure. If your scaffolding has a firm foundation and is properly installed, only then is it time to focus on the hazards involved with using it.

Here are some of the most crucial components in proper scaffolding use:

Recognizing Scaffolding Safety Hazards

Do workers know how to identify all the potential hazards for each type of scaffolding and construction site? For example, do they know to look for overhead power lines (especially when working with metal scaffolding), or to check for ice or water that may appear on exposed or partially exposed scaffolds? Before workers climb onto or off of scaffolding, they should always be aware of these risks and make accommodations to prevent injuries.

Using the Right Safety Gear

In many cases, workers must add features to scaffolding or wear specific gear in order to minimize potential hazards. For example, if scaffolding is high enough, safety harnesses and other wearable safety gear may be necessary. If scaffolding grants access to sloped surfaces or steep drop-offs (such as rooftops), workers may need to construct additional barriers like handrails to prevent falls or dropped objects.

Meanwhile, simple additions reduce risks caused by unpredictable factors like human error and changing weather. Toeboards help workers find their footing, treads minimize the chance of slipping, and rest platforms break up scaffolding with especially tall climbing surfaces.  Identify all the accidents that could happen, and use all the safety gear that could prevent them.

Respecting Load Limits

Each scaffold has a different weight capacity, and workers should know and stick to it. This capacity accounts for people as well as the gear they wear and the equipment they carry or transport. Make sure workers understand the importance of load limits because heavier-duty scaffolding is always available for jobs that require heavy loads. Compromising the structural integrity of your scaffolding should never be an option.

Keeping Surfaces Clear

Scaffolding safety failures can cause a variety of injuries, but most are related to falls or dropped objects. In addition to preventing employees from falling off, make sure you prevent your employees from dropping or leaving behind objects that could injure others. No tools or equipment should ever be left on unattended scaffolds, and proper rails or barriers are necessary even when workers are handling objects on elevated surfaces.

How will you make sure your scaffolding is safe? Start by keeping workers up-to-date on safety regulations, and investing in scaffolding that makes following these regulations easier.

About the Author

Howard Raphaelson is a partner at Raphaelson & Levine Law Firm we work tirelessly to protect labor law and aggressively fight to secure maximum compensation for construction workers injured on a New York construction site. To schedule a FREE consultation with a construction accident lawyer at our firm, call 212-268-3222 or complete the contact form.

Consequential Damages on Texas Construction Projects

The Skinny on Consequential Damages.

By: Karen Ensley, Esq.

What are consequential damages and why do they matter?  To understand consequential damages, you first have to understand direct damages.  Direct damages are those that you’d typically think of as damages for breach of the duties one party owes another. On a breach of contract claim, they’d include the cost to complete a project, to repair faulty work, and added supervision costs incurred because a project takes longer to complete. Or if you were in a car accident, direct damages would include repair costs to your car or medical bills for injuries sustained in the accident.

Difference Between Consequential and Direct Damages

On the other hand, consequential damages (sometimes called special or indirect damages) are additional damages beyond those that arise directly from a defendant’s actions or inactions. Direct damages are paid to reimburse a plaintiff for something the defendant was supposed to, but failed to do; additional loss that the plaintiff incurs as a result of the defendant’s breach that are outside of the defendant’s original duties to the plaintiff are consequential damages. For a breach of contract claim they might include the lost profits of unrelated Project B that you had to pass up because the defendant kept you from finishing Project A on time. Those lost profits – if you could prove them – would be consequential damages. In our car accident scenario, you might have been on your way to an interview for a great new job at a significantly higher salary which you missed out on because of the accident. Again, if you could prove you’d have been offered the job, you could potentially recover your lost wages.

Consequential Damages are Recoverable in Texas.

In Texas, consequential damages are recoverable unless waived by the party who would otherwise have the right to assert them. These waivers can be one way. i.e. only one party to the agreement is waiving their right to consequentials, or they can be two-way waivers so that both parties are waiving their right to consequentials. Whether and how to construct the waiver is a decision that should be made with your attorney, although generally speaking, limiting one’s exposure to costly and a wide-ranging array of potential damages is a good thing.

 

Karen Ensley is a partner at Ensley Benitez Law, PC. She can be reached at karen@eblawtexas.com or 817-538-6894.

Before You Buy Scaffolding Elsewhere

Call us before you buy scaffolding from Scaffold Mart, Scaffold Express, Direct Scaffold Supply, Contractors Access Equipment, Metal Tech

Questions to ask before you buy scaffolding from our competitors

Before you buy scaffolding from competitors, ask the following questions:

  • Do they use Q-235 steel?
  • Do they use recycled steel?
  • Have they load-tested their products?
  • If they have, did they test a full three-section frame or just a single frame section?
  • Do they have construction experience?
  • Do they offer training?
  • Do they deliver where you need it?

Before You Buy Scaffolding Elsewhere…

Request a quote from Southwest Scaffolding, or call us at (972) 331-1094 first and see what we can do for you!

Texas Construction Law Update – Restoration Contractors and Hail Damage Insurance Claims

hail damage insurance claims and other roof damage claims - how to avoid liability under the Texas Public Insurance Adjuster Act
Roof with Hail Damage Marked by Insurance Adjuster

Hail Damage Insurance Claims (and Other Roof Damage Claims) – a Texas Construction Law Update

Case Summary

On August 3, 2017, the 2nd District Court of Appeals in Fort Worth granted class certification against Lon Smith Roofing (LSRC), a prominent North Texas Roofer, for violation of the Texas Public Insurance Adjusting Act. Given the direction the courts in North Texas have gone in the past few years, the ruling is not a surprise. It is a warning to restoration contractors in general, and roofers in particular, that the old way of doing business is over. Contractors that negotiate with, or even represent themselves as able and willing to negotiate with, insurance adjusters do so at their own peril. (read more)

 

By way of background, in September 2013, the Keys sued LSRC, arguably the largest residential roofing contractor in Texas, asking the court to declare their contract void and to order the return – to the Keys – of all monies their insurance company paid to LSRC. It’s important to remember that this is not a lawsuit about whether the roof was properly or timely installed. The roof doesn’t leak, the color isn’t wrong, LSRC didn’t damage the driveway or flower beds, or fail to respond to warranty claims. This lawsuit, which is a continuation of a dispute that started in 2011, is about language that, until recently, was commonly found in roofing contracts throughout the state of Texas.  Language that I still routinely see in roofing contracts today.

 

The Keys asked the 236th District Court in Tarrant County to approve them to act as representative plaintiffs in a class action lawsuit against LSRC. On October 15, 2015, the district court judge signed an order granting the class certification. That order was immediately appealed. Last year, after almost two years, the appellate court issued its ruling upholding the class certification on the Keys’ claim for the “return” of all monies paid to the roofer as part of their declaratory judgment claim (violation of Public Insurance Adjuster’s Statute/Insurance Code 4102) and the DTPA claim that provides for the potential for treble damages for violation of Texas Insurance Code 541 (unfair methods of competition and unfair or deceptive acts or practices). Class certification was denied for the DTPA claim for unconscionability.

 

The appellate court’s decision was appealed to the Texas Supreme Court, who has accepted the appeal and requested full briefing. Until the Supreme Court issues it ruling, the appellate court’s decision upholding class certification is a further step in the continuum of cases favoring consumers to the detriment of restoration contractors. In discussing the facts supporting its decision to uphold the class certification, the court cited to testimony from Mr. Keys that the roofer “never told him that he could or should get a public insurance adjuster involved in his roof-damage claim under his homeowners’ policy” and that the homeowner “understood that [Roofer] was contracting to discuss his insurance claim with his insurer and was also contracting to repair his roof.“

 

Some groups are claiming the appellate court’s ruling as a victory for consumers. Whatever your perspective on this issue, what is clear is that lawsuits claiming violations of the Public Insurance Adjuster (PIA) law have just been given a big boost via class certification.

Restoration/Roofing Contractors and the Texas Public Insurance Adjusting Act

What does mean for those working in the restoration contracting community? First, what happened to this contractor could have happened to any number of other contractors using the same or similar language in their contracts. Or any contractor negotiating hail damage and other claims with insurance adjusters. The ability to initiate class action lawsuits will embolden plaintiff’s attorneys to pursue similar claims against restoration contractors since they’ll only have to prove the representative plaintiff’s claim rather than the claims of every plaintiff taking part in the class action suit (one plaintiff – multiple verdicts). The cost to defend against a lawsuit of this type, win or lose, is extremely expensive. Further, if you lose, you not only have to write a check to your attorney, you’ll also have to write a check to the property owner for anything paid to you by them or their insurance company, sometimes tripled depending on whether the violation is determined to be knowing or intentional, along with their legal fees, which will almost certainly greatly exceed the cost of the roof, to potentially every owner you sold for the last ten years (the span of the Keys/LSRC class action certification).

How a Contractor/Roofer Can Avoid Liability on Hail Damage Insurance Claims and Other Roof Damage Claims

What should you do? Make sure your contract doesn’t contain any of the language the courts have determined violates the PIA statute. Include language in your contracts that specifically puts the owner on notice that you are not offering to and will not provide any PIA services. Don’t hold yourself out as an insurance expert. Understand and be ready to educate owners about their rights and options for dealing with insurance adjusters (attorney, appraisal, public insurance adjuster), making referrals where appropriate to ethical attorneys, appraisers, and public insurance adjusters who can advocate for the property owner without taking away your sale. Restrict your conversations with insurance adjusters to answering questions regarding your scope and price – don’t negotiate the claim with the insurance adjuster.

 

Karen, you say, you don’t know what it’s like out in the real world. But I do understand, including that the majority of “negotiations” are initiated by the insurance adjuster. However, this PIA law isn’t going away. Instead, it is being vigorously and strictly enforced in the courts and by TDI, and the ramifications to your business cannot be ignored.

 

This article was written by Karen Ensley, a board-certified construction attorney and partner at Ensley Benitez Law, PC.

Karen may be contacted at: karen@eblawtexas.com

Wall Brace Rental in Tyler, Texas

wall braces for sale and rent at Southwest Scaffolding home to all your scaffolding and masonry needs. Buy now.
Wall Brace Rental

Wall Brace Rental in Tyler, Texas

This is a picture of our wall braces on a project in Tyler, Texas. We sell and rent several different varieties of wall braces depending on your needs. We sell and rent all over Texas and beyond!

Many masonry projects require wall braces while large CMU walls are being constructed. The braces stabilize the wall until it can be integrated into other structural components of the building. Wall braces are especially important in Texas and the rest of the Southwest, where strong storms and cold fronts can bring high winds at a moment’s notice. Make your construction project safe and OSHA compliant with our B4 and B5 braces. Find out more about our wall braces here.

Contact us for a quote or for any questions you have.

Post by Jenna Scroggs

2017 Spec Mix Bricklayer 500 Contest

Bricklayer 500 – Dallas Area Bricklaying Contest

About The The Spec Mix Bricklayer 500

The Spec Mix Bricklayer 500 is a Dallas-area bricklaying contest held at the Featherlite Building Products plant. Masonry contractors from all over Texas participated in this contest, which resulted in some very fast times. Mason/helper teams were judged on speed and quality.

Southwest Scaffolding annually contributes to this contest. This year, we supplied the scaffold boards, mortar mixers, Gatorback mortar boards, and the mortar tubs. For more information on our scaffolding and masonry products, click here.

Post by Jenna Scroggs

Scaffolding for Sale and Rent in Dallas, Texas

Scaffolding Store for Dallas, Texas

Southwest Scaffolding, LLC is a scaffold store located in Rowlett, TX, which is less than 20 miles northeast of downtown Dallas. While we ship across North America, we also have a lot of walk in local traffic. We have the largest inventory of scaffolding in Dallas, Fort Worth, and North Texas, so you are in the metro area, we encourage you to come by our yard and see all the scaffolding we have for sale. We have plenty of parking room for larger trucks and trailers.

Safeway Style Scaffolding for Sale
Safeway Style Scaffolding for Sale

Buy Scaffolding Near You

Our local scaffolding inventory includes: Safeway and Waco-Style scaffolding frames, scaffold boards, aluminum boards, every scaffolding accessory you can think of, veneer jacks, mortar mixers, mortar tubs, wall braces, post shores, shoring frames, and much more.

DOWNLOAD OUR CATALOG

Benefits of Buying Scaffolding Locally

As a walk-in customer, you enjoy the benefit of zero shipping costs. If you have questions about scaffolding we are here, in person to answer them. We can demonstrate how different scaffolding types and accessories function with our displays and allow you to visualize a platform design for your upcoming project. You can directly inspect the quality of our scaffolding, and see that is better than our Dallas-area competition. You will probably see some scaffolding frames or accessories that weren’t on your shopping list. Another advantage is that you will have your scaffolding immediately. We have a very large inventory and can fulfill even a large order immediately. We accept all forms of payment at our office including cash and all forms of credit card. After you pay, we’ll load you up.

SEE OUR INVENTORY

Is it Worth the Drive?

Our drive in customers come from all over, including: Pueblo, Colorado, Clovis, New Mexico, Wichita, Kansas, Tulsa, Oklahoma, San Antonio, Texas and Shreveport, Louisiana. Our prices are that good, so yes, it is worth the drive. Most often, our drive in traffic is within a 100 mi radius of Dallas, Texas. Need directions? Here is a map to our location:

Buying at our Yard in DFW

Buying at our yard is easy. Just pull into the drive and come into the third door. We have catalogs and a helpful staff to make sure you get what you need. Once the purchase is made, you pull into the back yard, hand your ticket to one of our employees and we will load you up.

Local Delivery

Some of our customers prefer local delivery, especially on large orders. If you want local delivery, just ask and we’ll quote you a price. The size or your order will determine delivery price.

In addition to Dallas, we also serve Plano, Rowlett, Rockwall, Frisco, Arlington, Irving, Garland, Mesquite, Carrollton, Denton, Richardson, Allen, McKinney, Grand Prairie, Flower Mound and more.

CONTACT US

Stair Tower to Access a Scaffolding Platform

Using a Stair Tower Instead of a Ladder to Access a Scaffolding Platform

We highly recommend using a stair tower to access a scaffolding platform whenever possible. We carry what is called internal stair units. These units fit on the inside of a walk-through set of scaffolding and have a 5’X7′ footprint. On the first level of the stair tower, a starter bar must be placed at the bottom of the scaffolding frames where the entrance to the stairs will be. This starter bar will hold the lower part of the stair unit in place. We also put a gooser on the first level of the tower to add stability. With the starter bar and gooser in place, the stair units simply hook into the horizontal members of the scaffolding. The stairs are then secured by pins and the guardrail assembly is put in and secured by wing nuts.

The stair unit is 22″ wide so two may be placed on the inside of one set of our SWS-610B Walk Through Frames. The base of each stair unit contains a landing platform. When going up multiple levels, the base each additional stair can be placed alongside the top of the lower stair unit with each unit facing a different direction. This is the easiest way o assemble the tower if access is only needed at the top and not at multiple levels as you go up the scaffolding.

If access is needed at each scaffolding level as you go up, the stair towers will all need to face the same direction and one half of the scaffolding section will need to be planked so that you can either get off on a particular level or walk around to the next stair section. In this situation, half of the scaffolding bay is used as stairs and half is planked. In between the stairs and the planks, we use a top rail that has clamps on each end. The top rail holds guardrail posts and guardrails and eliminates the fall hazard between the stairs and the planks.

The Advantage Of A Stair Tower System

The advantage of a stair tower system is that it’s much safer to climb than a ladder, climbing stairs is much faster than climbing a ladder, the stairs can hold a larger volume of workers than the ladder, and the workers are able to carry their tools and materials with them instead of using a hoist or forklift.

On medium and large, sized projects, the stairs will more than pay for themselves by allowing for more production from your workers.

Learn More

Still undecided? Check out our post where we address the pros and cons of using stair towers and ladders. 

Find out more about our scaffold ladders here. 

OSHA Competent Person Requirements and Scaffold Tags

 

OSHA Competent Person Requirements

An OSHA competent person is someone who knows the OSHA regulations regarding scaffolding and can insure that scaffolding is built safely and per regulations and who will check the scaffolding at least once a day for OSHA compliance. OSHA requires that a competent person be on site at all times when you are working on scaffolding. The best practice is to have a competent person training class for your employees and have cards issued to the employees who complete this class. One of these trained employees then needs to be onsite at all times while you are working on the scaffolding. When OSHA shows up to your job site, one of the first things they are going to ask is who your competent person is. Now you will not only have someone designated, but they will also be able to prove it to OSHA with a card.

Scaffold Tags

Once you have your competent person established, they need to keep track of their scaffolding inspections. This can be done with a scaffold tag. While not explicitly required by OSHA, we believe all scaffolding should have a scaffold tag on the bottom of it. Many general contractors require this on their projects. Sometimes called a red or green card, the scaffold tag attaches to the scaffolding and holds a green card that slides in and out. The card contains signature space and date entries so that the competent person can sign off that the scaffolding is safe and slide the green card into the tag. The OSHA competent person checks the scaffolding once it is constructed, and depending on GC requirements, once a day or every time the scaffolding is accessed, such as after lunch or any work break. At a minimum, it should be once a day. The competent person signs and dates the card every time the scaffolding is inspected. When the crews come off the scaffolding, the green card comes out of the holder. The empty holder will a warning sign not to access the scaffolding. When the crews come back and the scaffolding is checked, then the card goes back in.  This is a great way to reduce liability of other trades working on your scaffolding when you are not present.

Check out some of our other OSHA posts:

Load Limits on Scaffold Boards

Weight Capacity of Scaffold Frames

Cross Brace Assembly on Frame Scaffolding

Cross Brace Assembly on Safeway-Style Frames

Cross Braces for Scaffolding, x-braces, braces for sale by southwest scaffolding
Cross Braces for Scaffolding

This video shows how to attach a cross brace assembly to our Safeway-style scaffolding frames. Pins containing the drop locks are attached to each scaffolding frame and are used to secure cross braces to the frames. The vertical distance between the drop locks determines what kind of cross brace (x-brace) to use. For instance, a 7′ X 4′ cross brace will put the scaffolding frames at 7′ apart when the drop locks on the frames are 4′ apart vertically. 4′ between the pins is a standard distance for a full side Safeway-style scaffolding frame. The cross braces have holes drilled in the ends of them and this hole goes over the pin containing the drop lock. Once the cross brace is put into place the lock automatically comes down behind it, locking it in place. There are other types of locking systems on different scaffolding types. For instance, Waco-style scaffolding has what we call candy cane locks, some types of frames have flip locks or v-locks and snap on frames have a rivet pin attached to the scaffolding and the locking mechanism is on the cross brace instead of the frame. Bil-Jax style scaffolding has different pin locations than Waco or Safeway style frames (they are closer together). So while a 5′ X 5′ Safeway and Waco frame both take a 7’X4′ cross brace, a 5’X5′ Bil-Jax Frame will take a 7’X2′ cross brace.

Safeway-style frames are by far the most popular scaffolding style we carry and for good reason as they are extremely easy to assemble, safe and reliable. The drop lock system on these frames is the fastest and easiest system to use, making assembly of these frames a little faster than assembly of other types of frames.

Frame Scaffolding and Cross Braces For Your Project

We have lots of scaffolding for sale! Let us outfit you for your next construction project with our frame scaffolding. We use high-quality steel and construction to make frame sets that can hold, on average, 41,000 lbs. We deliver these to you at wholesale prices. For more information about our scaffolding frames, click here.

Request For Quote

Weight Capacity of Heavy-Duty Scaffolding Frames

Weight Capacity of Heavy-Duty Scaffolding Frames

SWS-610-B 5'X6'4" Set of Scaffolding Frames
SWS-610-B 5’X6’4″ Set of Scaffolding Frames

 

The results are in! Compression tests show that a set of our scaffolding frames have an average weight capacity of 40,300 lbs.

GET A QUOTE

According to OSHA, each scaffold and scaffold component must support without failure its own weight and at least four times the maximum intended load applied or transmitted to it. §1926.451(a)(1). Because our frame sets can hold on average 40,300 lbs, the maximum intended load that can be applied to one of our sets (a span) is 10,075 lbs. The maximum intended load limit on each leg our our scaffolding can be up to 2,518 lbs. That’s a lot of weight!

Our Scaffolding Load Limits are Tested By Texas A & M

Our scaffolding load limits are tested at Texas A & M. The tests were conducted in accordance with ANSI/SSFI SC100-5/05. For the test, three sets of our SWS-610B scaffolding frames were stacked on top of each other with out standard pins and spring clips. Screw jacks were added to the base. The tower was approximately 20’2″ tall. Weight was applied to the top of the scaffolding tower at a rate of 5,000 to 10,000 lbs over a period of time until failure occurred. Three tests were conducted. Check out our test results here: Scaffold Frame Compression Tests.

We have also tested the scaffolding sold by our cross-town competitors and have found that the competition’s scaffolding, while similarly priced, has a weight capacity that is 20% less weight than ours.

Why Our Scaffolding has a High Weight Capacity

We make sure our scaffolding frames are manufactured to the highest standards and specifications using higher quality (and more expensive) Q-235 steel to ensure a maximum load limit. We have thicker steel than many of our competitors. We wary of the entry level pricing by some contractors. They lure you in with a low price on a light duty frame, then they upsell you on a frame that will actually meet your needs and hold up on a job site. We also use virgin steel. Many of our competitors use recycled steel, which contains rust and weakens the scaffolding.

Because of the large amount of weight our scaffolding can hold, it is considered to be heavy-duty in that it can support a weight in excess of the 75 lbs/sq. ft. per span. Even in the heaviest masonry applications, most of our customers will never even get close to the 10,000 lbs per bay our scaffolding will support.

You Should Buy Scaffolding with a Large Weight Capacity

Many people justify buying cheap light-duty scaffolding because they will never get close to putting 10,000 lbs on a frame of scaffolding. This is a mistake. Having stronger scaffolding is especially important for longevity because through transport, assembly and use, the scaffolding will be dropped, hit with forklifts and tools and subjected to weathering. Stronger steel means, our scaffolding will withstand the test of time better than the competition and will not have to be replaced nearly as often as a light-duty frame.

 

Check out our scaffolding frames and accessories.

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Stair Tower vs. Scaffold Ladders

Stair Tower vs. Scaffold Ladder – Which to Use?

We have noticed a trend over the last year where contractors are turning to stairs in lieu of ladders to access their scaffolding.

stair tower for scaffolding access. stair towers are safer than scaffold ladders.
stair tower for scaffolding access

Advantages of Stair Towers

First, stair towers are much safer! According to the Bureau of Labor Statistics, 1/7th of all fatal fall injuries are falls off ladders. https://www.bls.gov/iif/oshwc/cfoi/cfch0009.pdf. Stair towers offer fall protection in the form of side rails all the way up. One slip on a ladder can prove fatal. Windy, wet or cold weather can affect ladder access and safety much more that it affects the safety of stair towers.

Stairs provide faster access to the scaffolding platform because multiple workers can use them simultaneously and even in different directions. Ladders are like a slow one-way street and stairs are like a two lane road. Last, workers can carry tools and equipment with them up the stairs, which is safer than carrying them up a ladder. With stair towers, fewer materials and tool need to be brought up by the forklift, so your crews can man and supply the scaffolding platform faster and get to work faster with less downtime.

Advantages of Scaffolding Ladders

While scaffold stair towers provide some good advantages over scaffold ladders, they are not practical for every situation. In some cases, scaffold ladders have the advantage. First, scaffold ladders are useful in tight spaces. Stair towers have a 5’X7′ footprint, which is a lot of space, while our scaffold ladders have about a 1.5′ X 1.5′ footprint. Scaffold ladders are faster to assemble and require fewer materials and they may be more practical when there will be less ingress and egress onto the scaffolding platform or when the scaffolding platform is not very high.

Stair Tower vs. Scaffold Ladders Conclusion

We recommend using stair towers whenever possible. Not only are they safer in virtually every situation but they will also increase productivity on medium to large project.

Find out more about stair towers here.

Find out more about scaffold ladders here.

We sell scaffolding stair tower assemblies. GET A QUOTE

Scaffold Sheeting and Accessories Now Available

Scaffold Sheeting and Accessories now Available at Southwest Scaffolding

Scaffold sheeting, mesh and accessories are now for sale! Super T Plus scaffold sheeting systems by Monarflex are easy to install, exceptionally durable and reusable.

The advantage of scaffold sheeting is that it provides a weather barrier, allowing for work in wet and cold conditions while protecting the project until the outer envelope can be completed. It also increases safety and the cleanliness of the project by keeping debris from falling off the scaffolding or blowing into the surrounding area and will stop particles as fine as dust and sand for renovation or environmentally-sentitive projects.

Scaffold Sheeting And Mesh

We also carry scaffold mesh, which will also increase the safety on your project by providing a supplemental fall protection barrier for crews, materials and tools. The mesh is breathable so it can be used in summer conditions and will also provide protection from the sun much like a sunshade. The mesh can be used for advertising as well – we can have your company name, contact information and logo printed into the mesh for use on your next project.

Scaffold Sheeting
Scaffold Sheeting Now For Sale

Contact us for a quote or any other questions.

Check our other Scaffolding Items and Accessories for Sale

972-331-1094 – office

214-843-8064 – spanish

214-843-5293 – after hours

OSHA Violations are Now More Expensive

OSHA Violations are Now More Expensive

For the first time since 1990, OSHA has increased it fines for serious and willful violations. The new law took effect on August 1, 2016. The maximum penalty for serious violations has been increased from $7,000 to $12,471 and the maximum penalty for willful or repeat violation has been increased from $70,000 to $124,709.

Fines of this size can be devastating to small contractors, who do not have the resources to fight or pay for the fines and who have less resources to purchase the equipment required to become OSHA compliant. OSHA has been very active this summer. Over the last several months, we have had a large number of contractors purchase new scaffolding and safety equipment from us in response to an OSHA inspection and fine. Don’t wait until it is too late. The best way to prevent a citation is to make sure your scaffolding is OSHA compliant. Some of the most common violations we see are insufficient planking, lack of safety posts and rails, and lack of ladders or stairs for access to the scaffolding.

More importantly, complying with OSHA standards keeps you and your workers safe. OSHA reports 937 construction-related deaths in 2015, this accounts for 1/5 of workplace fatalities every year across all industries. Injuries and fatalities are a common occurrence in the construction industry and the increased fines for OSHA violations are related to such high numbers. The fines are to provide extra motivation for contractors to spend the extra time to educate themselves to work safely and to spend the extra money to make your job site safe. There is no excuse for a serious injury because a contractor didn’t want to spend money on something like guardrails that cost $5/each.

We Can Help You Make Your Scaffolding OSHA Compliant

If you have any questions about making your scaffolding OSHA compliant, please contact us and we can help. We can assist you on contesting OSHA fines. Be advised that you have 15 days to contest. We also offer OSHA competent person scaffolding training.

Click here to see scaffolding fall protection accessories we have for sale.

OSHA Scaffolding Requirements – Tie Off Locations

OSHA Scaffolding Requirements – Tie Off Locations

If you are using scaffolding more than one set high, it’s absolutely necessary that you are aware of the OSHA scaffolding requirements for tie offs. This is important not only for your safety and the safety of your crews, but also to keep you from receiving a citation from OSHA. Scaffolding becomes more unstable as you build it taller. According to OSHA, the scaffolding must be tied off at specific intervals as you go vertically up the wall. For the purposes of this post, “tie off” includes (guys, ties and braces).

There are two categories for vertical tie offs under OSHA, the initial tie off and additional tie offs. The initial tie off must be at at 4X the width of the base of the scaffolding. For instance, if the scaffolding is:

3’ wide, the initial tie off must be at 12’;
4’ wide, the initial tie off must be at 16’; and
5’ wide, the initial tie off must be at 20’.

Meeting OSHA Scaffolding Requirements

In some cases, it may no be feasible or practical to tie off the scaffolding such as when a movable tower is required. In these situations you can increase the initial tie off requirement by widening the base of the scaffolding. For instance, we sell 30” outriggers for this very purpose. A pair of 30” outriggers on each side of the scaffolding will increase the first vertical tie off interval by 20’ so 5’ wide scaffolding with 30” outriggers on each side can be built to 40’ high before tie off is required.

Once the initial tie off is made, all additional scaffolding tie offs are at regular intervals. These intervals are:

20’ or less for scaffolding 3’ wide or less; and
26’ or less for scaffolding greater than 3’ wide.

Here is a link to the pertinent OSHA provision: 1926.451(c)(1)(ii)

If you have any questions regarding your scaffolding, tie off or other OSHA requirements, feel free to contact us. We can also supply you with the equipment you need to be OSHA complaint.

See also: OSHA competent person and green card requirements.

Non-Stop Scaffolding Rental & Training : Austin, TX

Non-Stop Scaffolding Training, Austin, Texas

Southwest Scaffolding LLC and Non-Stop scaffolding being used on a 10-story building located in Austin, TX.  Southwest Scaffolding LLC offers Non-Stop scaffolding rentals, delivery, and training. Southwest Scaffolding LLC offers training classes on Non-Stop Scaffolding. Classes are on a per-request basis, for a nominal fee, with equipment rentals. Contact Southwest Scaffolding LLC for information on scaffolding rentals and training classes.

For more information on Non-Stop, Click Here. 

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non-stop scaffolding for sale in Austin, TX
Non-Stop scaffolding training class on a 10-story building in Austin, TX.
non-stop scaffolding sales and rental, Non-Stop scaffolding being used on a 10-story building in Austin, TX.
Non-Stop scaffolding being used on a 10-story building in Austin, TX.
non stop scaffolding rental texas
Non-Stop scaffolding being used a masonry project in Austin, TX.
non-stop elevated platform scaffolding demonstration
Non-Stop scaffolding training on a 10-story building in Austin, TX.
how to use non-stop scaffolding
Non-Stop scaffolding being used on a 10-story building in Austin, TX.

Texas Mechanic’s Lien – Third-Month Notice – 2nd Tier Contractors

Texas Mechanic’s Lien

Texas is one of the most debtor-friendly states in the country and, not surprisingly, it also has some of the most complicated mechanic’s lien laws.  The complicated nature of these laws often serves as a trap for an unwary subcontractor with a legitimate claim for payment.

Lien requirements are different for each different tier of contractor so it is extremely important to know which tier you fall in.  If your contract is directly with the owner, you are a first-tier contractor; if your contract is with the general contractor, you are a second-tier contractor; if your contract is with another subcontractor; you are a third-tier contractor.  In addition to different lien requirements for each different tier, the requirements are also different for residential verses commercial projects and private verses public projects.  This post will discuss third-month notice requirements on private (non-government) commercial projects.

Texas Mechanic’s Lien – Pre-Lien Third-Month Notice

A second-tier contractor on a commercial project must file a third-month notice either prior to or simultaneously with filing a mechanic’s lien.  When a subcontractor performs work on a project during a particular month, it has until the 15th day of the third month after the month in which work was performed to send a notice for that work.  In other words, if work is performed in January, the contractor has until April 15 to send a notice letter for this work.  These deadlines are not dependent on when or whether the subcontractor invoices for the work.

The purpose of these notices are to put the owner on notice that a subcontractor has performed work for which it has not been paid.  If the notice is sent prior to the owner releasing the pertinent month’s payment to the general contractor, the owner is then allowed withhold more than the 10% statutory retainage from the general contractor. Therefore, it is imperative for a subcontractor to promptly notice for work performed.  Best practice is to notices immediately when payment is due from the general contractor and not until the last statutorily-available day.

The notices must contain statutorily-requred language, must be sent to the owner and general contractor and must be sent by certified mail.  The subcontractor must also be aware of any potential payment bonds on the project.  If a notice is late or does not conform to the statute, the subcontractor cannot perfect a lien the property (for amount in the defective notice), and has no recourse for non-payment aside from expensive litigation.

If you haven’t been paid on a project, the best practice is to retain an attorney to assess your claim and make sure proper notices are sent and a proper mechanic’s lien is filed.  The amount of money you spend up front securing a lien on all monies owed to you will pay for itself many times over in the long run.

For more information on Texas mechanics liens, visit the Law Office of Justin Scroggs. 

Unknown Contractors and Owners – Pre-Project Due Diligence

Unknown Contractors and Owners – Pre-Project Due Diligence

It happens all the time; you have the low bid on a project with a contractor or owner with whom you have never done business. Maybe you haven’t even heard of them before. You call around and try to find out any information you can from other contractors with no luck. Do you take a leap of faith and sign the contract? After all, you need the work. Before you bind yourself to a business partner you don’t know, there are a few quick and simple ways to do some pre-construction project due diligence that could save you down the road.

Unknown Contractors and Owners – Court Records

Your due diligence should begin with public court records. One quick and easy way to check on the solvency and business practices with a construction company or owner is to check the court records. Many jurisdictions now provide access to their records online. The first stop should be the county/parish where the contractor has their principal place of business; after that, research in counties/parishes in which the project is being performed and counties in which the company has a satellite office or focuses their operations. Make sure you check both the district court records and county court records, if applicable, in your jurisdiction. If you have questions about locating cases in the online database or if your jurisdiction does not offer this service, call the the court clerk for assistance. The county court records for Dallas County can be found here.

Next, check the federal cases. This will show if there have been any federal lawsuits against your potential business partner or if they have declared bankruptcy. You can find this information at www.pacer.gov. You will need to register an account and there are nominal fees for research. The website also contains a tutorial about how to use the service.

Unknown Contractors and Owners – Property Records

Your due diligence should next take you to the property records for the county in which the construction project is located. For checking out an owner, check the property records for the property on which you are going to be performing work to see if there are any liens. Some counties/parishes have their property records online and some do not. You will need the legal description of the property you are to perform work on. This description will be used to identify any liens and deeds of trust filed on the property. The more bank liens you see, the more likely it is that the owner is not sitting on a load of cash. Also look for mechanic’s liens, which means the owner has not paid contractors in the past, and tax liens, which means the owner has not paid the government.

Unknown Contractors and Owners – Secretary of State

A quick check with the secretary of state should also be included in your due diligence because will often yield ownership information about the company/owner you are dealing with. It will also tell you where the company is headquartered, how long the company has been in existence, whether it has changed names, has any d/b/a names, or has subsidiaries or parent companies. It may also tell you whether the Owner and general contractor are related entities, which can be important when filing a mechanics lien. This information should be available online in virtually all jurisdictions. Information for Texas entities with the Texas Secretary of State can be found here: http://www.sos.state.tx.us/corp/sosda/index.shtml. You will need to create an account and there are nominal charges for the searches.

Unknown Contractors and Owners – Tax Status of the Entity

In states that have franchise tax, you can often check with the appropriate state agency to see if the contractor/owner is current on their franchise tax payments. If they don’t pay the government on time, odds are they won’t pay you on time either. In Texas, this information can be found with the Texas Comptroller of Public Accounts at the following address: http://www.window.state.tx.us/taxinfo/coasintr.html.

The steps above are certainly not exhaustive of the due diligence you can perform before entering into a contract but they are a good start. The small amount of time and money you will spend performing this due diligence is well worth the extra assurance it provides. If you still have questions or concerns about an entity you will potentially do business with, consult an attorney. You have to make sure you won’t lose money due to a bad contractor or owner before you can focus on making money.

Load Limits On Scaffold Boards – OSHA

scaffold boards, scaffold planks for sale, load limits on scaffold boards

Load Limits on Scaffold Boards in Medium Duty Applications

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OHSA designates three different categories for load bearing calculations on scaffold boards. They are:

Light Duty – 25 pounds per square foot.
Medium Duty – 50 pounds per square foot.
Heavy Duty – 75 pounds per square foot.

These ratings are based on the intended load, which is calculated by dividing the total weight to be placed between two spans of scaffolding by the total area between the two spans. Most of our customers fall in the medium-duty category so this is what will be addressed in this post. In most masonry applications, 5′ wide frames are spaced 7′ apart and use nominal thickness 2X10 lumber for the planks (nominal thickness 2X10 lumber actually measures 1.5” X 9.25′). In this setup, there is approximately 35 sq. ft. of area between the frames.

If you apply an intended load of 50 pounds per square foot to the 35 square foot platform, a maximum of 1,750 pounds may be applied to the platform. Using full thickness (solid sawn) lumber, this weight is not a problem, however, full thickness lumber is hard to find so most companies use nominal thickness lumber.

OSHA Load Requirements for Scaffold Boards

Scaffolding and scaffold board load requirements are governed by OSHA 1926 Subpart L. OSHA has provided a non-mandatory Appendix A to help contractors comply with the requirements of Subpart L. This appendix contains the following chart:

_______________________________________________
              |                |
  Maximum     |   Maximum      |    Maximum
 intended     | permissible    |  permissible
  nominal     |  span using    |  span using
   load       | full thickness |    nominal
 (lb/ft(2))   |   undressed    |   thickness
              |  lumber (ft)   |  lumber (ft)
______________|________________|_______________
              |                |
25............|           10   |       8
50............|            8   |       6
75............|            6   |
______________|________________|_______________

According to the Appendix, using the typical 7’ span between the frames with the 2X10 nominal thickness lumber will not achieve the 50 pounds/square foot rating in terms of board capacity. The maximum allowable span between the frames with this type of board is 6’. Here is another link to an OSHA workbook with this information: http://www.osha.gov/SLTC/etools/scaffolding/planking.html.

Deflection Tolerances for Scaffold Boards Per OSHA 

Do the Appendix A guidelines create a problem for medium-duty contractors (basically all masonry contractors) using 7′ spans? Not necessarily. Appendix A is a guideline and not mandatory. The mandatory rule is found in OSHA 1926.451(f)(16) and says a scaffold board cannot deflect more than 1/60th of its length when loaded. This means a board on a 7′ span can deflect up to 1.4″ when fully loaded.

Some scaffolding companies, including Southwest Scaffolding, sell boards that are DI-65 #1 pine, which will deflect less that the 1/60th of the span as required by OSHA when under the stress of a medium-duty load. These boards are tested by an independent agency, and stamped. As long at the boards deflect 1.4″ or less when you are working on them, they are OSHA compliant.

OSHA’s deflection limitation makes a good case for using OSHA tested scaffolding board or manufactured boards/platforms instead of 2X10 nominal boards construction grade boards found at most lumberyards. In addition to scaffold grade lumber, Southwest Scaffolding sells both steel and aluminum 7′ and 10′ platforms that are rated for both 50 lbs/sq. ft. and 75 lbs/sq ft. Another solution to the deflection requirement is to double your planks across the spans that will be receiving materials or equipment such as cubes of brick or block. Also, consider that when you are using outriggers, the weight of your workers on the outrigger platforms will not be applied to the main platform.

See our post on load limits on scaffolding frames here.

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