Social Media Policy For Construction Companies

Should Your Company Have a Social Media Policy?

The world of today is lived largely on social media. Millennials, Gen Z, Gen Alpha, and some who are just very social and want an easy way to stay in touch with others can be found frequently posting their thoughts and experiences on social media. Companies that would never have considered social media as a platform for reaching potential customers five years ago now have Facebook pages, Twitter accounts, YouTube channels, and posts anywhere else a customer can be found.

With this new environment comes the challenge of controlling information shared by and about the company from those in leadership to the newest employee. Because a company’s online presence can be critical to its success, what is said by and about the company should, to the extent it is within the company’s control, be subject to reasonable limitations.

In other words, any company that cares about its social media presence should have a social media policy. If that isn’t convincing, think about it this way. A company that doesn’t want to be sued because an employee “speaking” for the company makes a rash or inflammatory statement in a manner that could be construed as endorsed or sponsored by the company needs a social media policy.

Now for the hard part. How can a company control speech which is related to or could reflect negatively on the company without interfering with an individual’s right to free speech? The answer is “very carefully.” Your social media policy should be targeted to speech which could reasonably be construed as being sponsored or endorsed by the company, or that which purports to be a reflection on the company’s values or processes. If a type of speech is prohibited, such as hate speech against a population of Americans – or other, the policy should clearly say so and give examples. It should also put the potential violator on notice that egregious posts can result in termination of employment.

However, your social media policy should also make it clear that an individual has the right to share his/her beliefs and opinions, even if contrary to the company or society in general, provided those “shares” are clearly made on that person’s own social media pages and not on the company’s social platforms, such as LinkedIn, Facebook or Twitter. Think of speech which would be appropriate to share in the company lunchroom versus speech which should be shared in the company parking lot, or better yet the coffee shop off company property.

As in any area of employee management, providing clear guidelines and applying those guidelines uniformly will be key to avoiding claims of disparate treatment, censoring, etc.

Having a policy that is clear and enforced can also help should someone post something truly inappropriate and offensive to a fellow employee or someone outside the company. If a claim is lodged against the company that clearly prohibits the offending behavior, assuming it is violative of the policy, having a policy in place that is enforced as appropriate can help avoid or at least minimize liability.

It’s also, if I may speak personally, the right thing to do. None of us should want to be the thought police and should in fact celebrate that we live in a county where it’s still OK – mostly – to have differing beliefs and opinions. Being kind and being thoughtful of these differences will, hopefully, create a more pleasant work and social environment.

And here’s some insider news we want to share with you!

Congratulations to Scott Colley of our firm for his excellent work in obtaining payment in full from an HOA on behalf of a now very happy client who had remained unpaid for more than a year prior to bringing the matter to our firm. Great job, Scott!

Karen Ensley | Ensley Benitez Law, PC | 469-983-6500 | karen@eblawtexas.com

© Karen Ensley and Brian Benitez, Ensley Benitez Law, PC, 2021. All rights reserved. This article is provided for educational reasons exclusively and is not meant to be construed as legal advice. Ensley Benitez Law, PC, will represent you only after being retained and that agreement is made in writing.

Unraveling the Mysterious World of Indemnity and Defense

OK, unraveling may be too strong a term, but there is a lot of mystery surrounding the concepts of indemnity and defense. What are they and why should you care? You should care because they are in almost all commercial construction contracts and because generally the indemnity and defense obligations flow downstream from the Owner to the General to the subcontractor and beyond.

For instance, the window contractor fails to properly install the window and rain leaks inside the building and damages the drywall. Or some other trade leaves a trip hazard on an active jobsite and a worker falls and hurts him/herself. The building owner sues the GC and the GC in turn demands indemnity and defense of the subcontractor believed responsible for the damage.

First, although generally seen together, they are two separate obligations. For instance, a party can have an obligation to defend without an obligation to indemnify. And the obligation to defend generally comes before the obligation to indemnify.

Indemnity: the promise to step into the shoes of another based on a triggering event, like the water intrusion or the injured worker. There is no common law duty to indemnify. Instead, it is said to be a creature of contract, arising because of a promise exchanged between two parties. Its purpose is to allocate risks between parties to the contract and can result in a party without any actual liability for the wrongdoing undertaking to “pay the debt” of the other. This can commonly be seen in insurance policies where the carrier of the individual who ran a red light and struck my car is liable to pay to have my car repaired.

In the construction context, this duty can be triggered when the employee of the subcontractor is injured on the jobsite due to a hazard created by a third party over whom the subcontractor has no control, such as the owner, General, or another subcontractor. Even though the subcontractor didn’t cause the injury, the sub can still be made to indemnify the Project Owner, General, and anyone else for whom the Owner or General promised indemnity.

However, the obligation to indemnify generally doesn’t arise until the party seeking the indemnity is actually found liable for the damage. That’s why you’ll often see that an upstream party made an indemnity demand upon the downstream party (and their insurance carrier), only to see that demand go unanswered. In many instances, that’s because the indemnity obligation is not yet triggered by a finding of actual liability.

Defense: the promise to defend a party against claims made against the party to whom the defense is owed. Assuming it is properly triggered, i.e., the claim is one for which defense was promised, it arises as soon as the claim is made and continues until the claim is satisfied or the party is released from its defense obligation. In construction contracts, this can be seen when a triggering event occurs, the Owner or General is sued, and makes demand on the party who promised to defend. Many times the obligation further authorizes the defendee to choose its own attorney, which can become even more expensive since money is no object when you’re not the one paying the bill.

So, back to why this matters . . . Since 2012, with a few notable exceptions, the most common being injury to an employee of the indemnitee or one over whom the indemnitee exercises control, parties are generally liable for their own wrongdoing and their indemnity obligations extend only to the extent of that wrongdoing. However, the trend these days is for contracts to include ever broader indemnity and defense obligations. Generals especially have taken to requiring indemnity and defense for breach of contract, breach of warranty, violations of safety or pollution laws, and all manner of breaches that should not be the subject of indemnity or defense obligations, many of which are not covered by an insurance policy and therefore would be funded from the downstream party’s own coffers.

A few takeaways:

· Carefully review all contracts before you sign them. If you aren’t sure what they mean, and even if you think you understand them, consult an attorney before signing on for any indemnity or defense obligations.

· Negotiate the key provisions of the contract that are most likely to affect your performance on the job and your potential liability should something go wrong.

· Unless your policy covers claims for breach of contract or breach of warranty, don’t agree to indemnify and defend the upstream party for these kinds of claims.

· Have your insurance agent review the indemnity and insurance terms to ensure that you have insurance to cover the indemnity and defense obligations in the contract and to ensure that you can provide the types of insurance coverage sought.

· Don’t be too quick to agree to indemnify a party under an indemnity demand.

· Put your insurance company on notice as soon as you are served with an indemnity and/or defense demand. Generally an insurance company can reject a claim if failure to timely notify compromises the carrier’s ability to properly evaluate the claim.

Karen Ensley, Board Certified Construction Law Attorney, Managing Partner

Ensley Benitez Law, PC | 469-983-6500 | karen@eblawtexas.com

How to Write a Proposal for Construction Projects

How to write a proposal letter, contract attorneys, construction lawyers

A well-thought-out and well-written proposal is critical to your company’s ability to get work and successfully complete the work at a profit. So here are the first steps you need to take to learn how to write a proposal letter.

You have to make sure your proposals have a professional look. That means your company name and the name and contact information for your salesperson can be easily identified and found.

The questions you need to ask BEFORE you can answer, “How to write a proposal letter.”

Do you know what it actually costs you to complete a project? If over the past few months or more, your actual costs to complete varies greatly, positively or negatively, from your projected costs, you may not be identifying all of your project costs. To help identify all your project cost you need to start by first: Looking back at a representative number of completed projects to determine your actual costs. Did you include an adequate allocation for office overhead? Perhaps you under-estimated or over-estimated your labor costs or the estimate did not account for all of the materials needed to complete the work. What are your insurance costs, such as CGL, worker’s comp, and vehicles? How much supervision will the project require? What is the level of technical detail? Where is the project located? Be sure you are properly calculating your rental costs, even if you are “renting to yourself.” Know your fuel/maintenance costs. Answering all these questions will help you know how to write a proposal letter specific to each project.

What you need to include when writing a proposal letter

Don’t forget! It’s very important to carefully review the project plans and specifications and recite them in your bid. Simply saying “all labor and materials to complete XYZ project” is not adequate. Anyone reviewing your proposal should be able to identify, with specificity, what your bid includes and whether it is a complete proposal. Is there are choice of materials? If so, what brand are you proposing? Do you plan on protecting surrounding work or excluding that from your bid? Are you replacing the decking? Are you completing the work in 3 days or 3 weeks? Can you start tomorrow or is there a lead time for your crew or the materials? Specifically identifying all labor and material warranties and who is providing the material warranty can help you write a proposal letter that’s inclusive of everything you and your clients need.

It is as important to specify your exclusions as well as your inclusions. Are taxes included or excluded? What about permits and fees, trash hauling, or storing materials? Is the owner responsible for protecting surrounding work? Note any materials whose colors may be subject to variation. Note any limitations on warranties.

What else should be included?

Always include a deadline to accept your bid. Crew and material availability, as well as fluctuations in material costs, are not constants and must be managed. Don’t forget to include payment terms in all proposals, including whether you offer a discount for early payment. It’s also important to make sure your proposal notifies your potential customer that interest, at the highest rate allowed by law, will be charged on all accounts which remain unpaid for more than 30 days following presentment. Also include a signature block, because you want to make it’s easy for your customer to accept your proposal and get you started with the work. Now you have a better idea on how to write a proposal letter. If you have questions or would like help writing your proposal letter, reach out to us! We’re very experienced in contract writing and construction law.

Karen Ensley
Ensley Benitez Law, PC
469-983-6500
karen@eblawtexas.com

Employee References – What Can Employers Disclose?

What information can employers disclose when providing employee references.

Human resources professionals and business owners have long debated about giving references on former employees. It’s both tempting and scary to share what you know about a less‑than‑desirable former employee. You also may be eager to sing the praises of an exemplary ex‑employee you want to see do well in a future position.

Before you decide whether to give in to temptation or play it safe, it’s good to know the pros and cons of giving references and sharing such information.

Name, Rank and Serial Number

For many years now, employers have limited the information they share about former employees to avoid lawsuits based on fear that a former employee claiming of having a missed job opportunity because of a negative reference. But employers do have alternatives to the strict “name, rank, and serial number” policy.

Some prospective employers ask, “Is this person eligible for rehire?” The safest option is to answer no without any specific commentary or details on why. If asked why you cannot comment further, the best answer is that company policy forbids it.

What if the employee is fired?

The decision about what to say in an employee reference is complicated when an employee is fired. If you aren’t careful in your statements to prospective employers, you may leave yourself open to a defamation lawsuit.

Defamation is generally defined as damaging the good reputation of someone by slander or libel, which is in turn defined as the action of making a false statement to another person resulting in damaging a person’s reputation. In Texas, truthful statements cannot form the basis of a defamation claim. However, while that may appear to be an easy trap to avoid, there are some serious pitfalls.

Most of the time when an employee is fired, it’s for reasons that make him look bad. For example, if you let him go for padding hours, inappropriate comments to another employee, stealing, excessive tardiness, or lying about his job qualifications, it’s hard to explain the discharge to a prospective employer without damaging the employee’s reputation. In addition, it’s often difficult or impossible for an employer to fully prove what it knows to be true. As a result, the best policy is to say as little as possible and stick to the facts your company can prove.

One option is to inform a fired employee at dismissal that you won’t be able to give a positive reference. To give yourself increased protection from lawsuits, you may ask departing employees to sign a release that gives you permission to provide information to prospective employers and prevents them from suing you over the information you provide.

Other Considerations When Giving Employee References

Whether or not an employee quits or is fired, it is also dangerous to say positive things about a former employee, such as “bright” and “energetic” without also saying – truthfully – “thief” or “persistently late” because by providing a partial reference that is not truly reflective of that person’s overall suitability for employment and you run the risk of opening the company and yourself personally up to a claim of false representation. If that former employee was known to have stolen from the company but is nonetheless given a glowing reference, the next employer could look to the referring employer to recover its losses when the bad apple steals from it.

When it comes to giving employee references, other recommendations include keeping a reference brief, making sure your company designates a specific person or department to handle reference requests, and providing only the information the company policy allows you to disclose. Also, treat all former employees similarly. Providing information on some employees but not others may be grounds for a discrimination claim.

Karen Ensley

Ensley Benitez Law, PC

469-983-6500

karen@eblawtexas.com

Contractual Terms – Is That Really Enforceable?

Have you ever heard someone say that a particular term in a contract is so outrageous, unfair, one sided, or ridiculous that it cannot possibly be enforceable? If you are signing a contract as a consumer, that may very well be true as there are several laws out there for the express purpose of protecting the consumer. However, if you are signing the contract as a business, for the most part the courts presume that you are a “big boy,” know what you’re signing (even if you don’t or in fact never even read the contract) and will hold you to these contractual terms. This is true if you are signing a contract with or as a supplier, with a general contractor or a commercial business owner.

However, there are some notable exceptions to this rule. One is indemnification provisions that attempt to shift liability from the bad actor to another party. Another is a provision that seeks to impose a financial penalty for failure to perform on time. Such a penalty, without a rational basis for the amount, can be deemed void, but only under specific circumstances.

So, read those pesky contracts before you sign them! If you have concerns, consult your attorney for help interpreting your rights and obligations under the contract. And don’t be afraid to negotiate more favorable contractual terms when that option is available.

Karen Ensley
Ensley Benitez Law, PC
469-983-6500
karen@eblawtexas.com

Contract Requirements for Disaster Repair Services in Texas

contract requirements for disaster remediation services in Texas

Texas just experienced one of the worst arctic weather events in its history. Governor Abbott issued a statewide disaster which triggers the provisions of TBCC 58. If you are considering offering disaster repair services to those affected, here’s a friendly reminder of the additional contracting requirements needed for disaster repair that falls under the TBCC 58 rules. A contractor offering remediation services:

(a) cannot request an upfront or interim payment that exceeds the reasonable value of the materials to be delivered or work to be performed and

(b) must include the following language in their contract: “This contract is subject to Chapter 58, Business & Commerce Code. A contractor may not require a full or partial payment before the contractor begins work and may not require partial payments in an amount that exceeds an amount reasonably proportionate to the work performed, including any materials delivered.”

This warning can go anywhere in your contract but must be in conspicuous, boldfaced type of at least 10 points in size. If you use digital contracts, it’s easy to stick this provision in. If you’re using paper, you can easily meet the contract language requirement by either including the warning in an addendum or making a stamp that you can manually stamp on your paper contracts wherever you may have room.

These requirements apply to ALL contracts, residential and commercial. They cannot be waived and a failure to follow these two requirements is a deceptive trade practice that opens you up to triple damages and attorney fees, but will not void your contract.

Note: These requirements DON’T apply to contractors who have, for at least a year prior to the declaration, maintained a physical address in the county where the storm occurred or a county adjacent to the affected storm county. That means if you’re in Dallas County you don’t need the notice for work in Dallas or any immediately adjoining counties, but if you went to Rockwall or Travis you would need the notice. So we recommend that you just include in all your contracts so you know you’re covered.

How to Handle Job Site Complaints on Construction Projects

That nasty letter from the customer – we’ve all gotten complaints on the job site. The complaint? You’re behind schedule, your work isn’t being performed properly. Your materials are late, you’ve delivered the wrong materials, or maybe you’ve not delivered enough materials. Your truck didn’t show up, or any number of issues. Maybe the letter comes in the form of a 48-hour notice, or maybe just a general complaint, or maybe you got verbal approval on a change order, you did the work, and now you want to get paid.

What should you do? For many of our clients, what they do is pick up the phone, call the complaining party, talk the matter through and believe they’ve resolved the issue. Then, days, weeks, or months later you get hit with a back charge, or a rejected pay application, and a claim that the issue was never resolved. You say, “but we talked about this,” and they say we have no record that the claim was ever disputed, or the additional work approved.

What Should you do to Handle a Complaint on the Job Site?

What happened and what should you have done? It’s all about documentation. If you don’t have documentation to prove it, the “other side” will claim that the call or meeting resolving the dispute or approving the change never happened. So, by all means make that call, but follow it up with a letter, email or text letting your customer know either that they’re wrong and why, what you have agreed to do to rectify whatever legitimate deficiency there is, or to confirm their approval of the changed/additional work. Be respectful but be specific. If you are properly manning the job, say so. If the job is behind schedule for a reason other than your work, state what the reason is. If there are sufficient materials on the jobsite, say so. If the material delivery is late, say why and when it’ll be there. Maybe they weren’t timely ordered. Maybe there is a problem at the factory. Whatever it may be, make sure your side of the story has been conveyed in written form, clearly and without any unnecessary apology.

If you’re confirming a change to the work, be specific about the change, what the change consists of, when it will be performed, how much it will cost, and when and how your customer approved that change.

Finally, timeliness is very important. Get your written response to your customer as quickly as you can, within 24 hours if at all possible. The longer it takes to respond, the less impact your response may have. Certainly, any confirmation of changed or additional work should be sent before the changed work is performed.

Complaints on a job site are never fun, but if it comes down to a true dispute at the end of the project or in court, having properly and timely documented your response/positing to whatever complaint has been lodged or change requested is very powerful evidence that can help get you paid.

Karen Ensley

Ensley Benitez Law, PC

469-983-6500

karen@eblawtexas.com

I-9 Compliance Process

The Immigration Reform and Control Act of 1986 and how it affects your construction company.

Happy 2021! It’s the start of a new year and a good time to re-visit your company’s I-9 compliance.

The Immigration Reform and Control Act of 1986 requires that all employers complete a Form I-9 for all employees hired after Nov 6, 1986. The U.S. Department of Homeland Security oversees all immigration and customs efforts through Immigration and Customer Enforcement and the U.S. Citizenship and Immigration Services.

The U.S. Dept. of Labor oversees labor, employment, and wage laws. However, there are also state laws that apply. See:

* U.S. Department of Labor: www.dol.gov

* Texas Workforce Commission: www.twc.state.tx.us

I-9 compliance is required for all W-2 employees, i.e. anyone who receives a paycheck from the employer, but is not required for independent contractors.

I-9 Compliance Process – What’s involved?

Starting the I-9 process must wait until the applicant actually becomes an employee. In other words, unless directly related to the job duties, an employer cannot ask a prospective employee anything other than whether he/she is eligible to work in the U.S. prior to making an offer of employment. Once the offer is accepted, it is time to confirm the new employee’s eligibility to work in the U.S.

Remember, the employee, not the employer, gets to choose which documents are presented to confirm work eligibility. Acceptable documents must be originals from those on List A or a combination of documents from Lists B & C, all of which are found on the reverse side of the Form I-9. If the document presented looks reasonably genuine on its face and relates to the employee (names match, photo looks like employee, etc.), then the document must be accepted. Questionable documents may be rejected, and the employee allowed to present other acceptable documents. However, the employee still gets to choose what documents to present and can be terminated only after the employee is given a reasonable time to provide other acceptable documentation from the A, B, and C lists and is unable to do so.

The employer can – and should – keep copies of these documents and should update any documents that are close to expiration, but must be kept with the employee’s I-9 form and not in the employee’s regular personnel file or in any unsecured location. This is sensitive personal information and must be kept in a secure and segregated location. If kept on the computer, the directory containing these files should be password protected and access limited to those persons with a business need to access them (HR department, not direct supervisor).

Karen Ensley

Ensley Benitez Law, PC

469-983-6500

karen@eblawtexas.com

How to Build a Scaffolding Tower

We have put together a video demonstration on how to build a scaffolding tower. In this case, we are constructing a tower out of our 5X5 double ladder safeway-style scaffold frames.The tower is two sets high with a work platform and guardrails at the top. The work platform sits at 10′ 8″ high. We added casters to this scaffold tower to make it mobile. Here is the video on how to build it:

Start by attaching your cross braces to your first set of scaffolding frames.
Once the cross braces are attached. Attach your casters to the bottom of each frame leg and secure in place by lining up the hole in the caster with the hole in the frame leg and attach using a toggle pin.
Add aluminum planks to the of the first set of scaffolding and use this as a work platform to build the rest of the tower.
Attach the second set of scaffolding frames to the top of the first set by setting them on top of the coupling pins located on top of the first set of frames.
Connect the second set of frames together with cross braces in the same way that you connected the first set of frames.
Next, add guardrail posts to the top of the second set of scaffolding frames by placing them over the coupling pins.
Add your aluminum planks to the top of the second set of scaffolding. This will be the working platform for the tower.
Add guardrails to your guardrail posts. The guardrails will fit over pins located on the posts and are locked in place by a flip lock. To fully enclose the scaffolding platform, you will need four 7′ guardrail posts and four 5′ guardrail posts.
The last step is to install your gooser bar on the bottom set of scaffolding. It attaches diagonally from one corner post to the other and makes the scaffolding tower sturdy.

Construction Scaffolding

Southwest Scaffolding specializes in construction scaffolding. We offer several different types of scaffolding for sale that is suitable for the rigors of a commercial or residential construction project.

Attributes of Construction Scaffolding

High Weight Capacity

Scaffolding for construction needs to be able to withstand a lot of weight – especially if it is being used for masonry or stucco work. Large crews combined with brick, stone and mortar result on a tremendous amount of weight being put on the scaffolding. Our frame scaffolding has been tested to hold over 30,000 lbs per set of scaffolding. All the scaffolding we sell is heavy-duty and designed to withstand as much weight as you can put on it.

High-Carbon Steel

Scaffolding on a construction project needs to be made from high carbon steel. Jobsites are tough environments and scaffolding is going to be dropped, bumped my machinery, run over and beat up. Scaffolding made with high-carbon steel has a greater memory than cheap steel. This means when it is dropped it is more likely to return to its original position and less likely to permanently bend or kink. Having scaffolding with this attribute will save a contractor a lot of money over the long run because he won’t have as many bent or damaged frames when a job is over. At Southwest Scaffolding, we make our scaffolding frames from high-quality Q-235 steel, not low quality steel or recycled steel (which contains rust) like many competitors.

Rust Resistant

Scaffolding is going to be out in the elements most of the time. Whether on a job site or stacked on a yard waiting for the next job, it sits in the rain, freezing cold, hot, has mortar and chemicals spilled on it and is generally subjected to a lot of corrosion. At Southwest Scaffolding, we put a high-quality powder coat on our scaffolding frames that can withstand chipping, chemicals and weather – ensuring that it will serve you well for years to come.

Types of Scaffolding Used in Construction

There are many different types of scaffolding used in construction. By far the most popular is frame scaffolding, which is more or less a general construction type scaffolding. There are also trade-specific types of scaffolding such as Non-Stop Scaffolding designed specifically for masonry contractors and tube and clamp scaffolding, commonly used in industrial applications. Pump Jack scaffolding is often used to install siding and Baker Scaffolding is commonly used by painters. Whatever the application, we likely carry the type of scaffolding you need. If you have any questions about scaffolding types and need recommendations, feel free to contact us.

Scaffolding for Sale

If you are in the market for scaffolding, you can check out our products here. We offer high-quality scaffolding at wholesale prices.

Painters Scaffolding – Scaffold Options for Your Next Paint Project

Types of Painters Scaffolding

If you have a painting project where tall walls are ceilings are involved, you have plenty of access options to get your job done efficiently and within budget. This articles is going to cover some of the different types of painters scaffolding designed specifically for interior painting projects. Painters scaffolding is usually not required to hold a lot of weight and there is more emphasis on ease of use and the ability to set up and move it quickly and the ability of the scaffolding to fit in tight spaces.

While you can always use a ladder, scaffolding has several advantages. The most important advantage is safety. Scaffolding is less likely to tip over, it creates a working platform for you to stand on, and often comes with guardrail options. Having a work platform also makes you more efficient. You can have your paint and tools next to you on the platform while you work and the platform allows you to complete a larger portion of the wall or ceiling before needing to move the scaffolding. Some scaffolding comes with casters so that when you need to move to a different section of the project, you just roll it in position, lock the casters and you’re back working again. All of the scaffold options listed below are also cost competitive with using a ladder.

Here are Some Common Types of Painters Scaffolding

Baker/Perry Scaffolding

Baker/Perry Scaffold Unit w/4 Casters
$199.00 Read more

This kind of scaffolding goes by several different names such as Baker Scaffolding, Perry Scaffolding, Utility Scaffolding and more. It consists of two ladder frames that are joined in the middle by a work platform. The ladder frames are 6′ high and 29″ wide. The work platform is adjustable up and down the ladder frames and the unit comes with locking wheels so it can be easily moved. The scaffolding units are stackable so that you can paint higher up the wall or ceiling. Some brands such as Southwest Scaffolding, have units with hatch decks to make climbing safer and you can purchase guardrails and outriggers to add to the safety and stability of this scaffolding. The platform on this scaffolding can be adjusted on each frame independently, allowing you to set this scaffolding up to paint over stairs and other uneven surfaces.

Advantages

Very versatile scaffolding

Can be used in narrow spaces

Can be used on stairs

Stackable so you can reach high places

Disadvantages

Heavy – each unit weighs 150 lbs.

Assembly can be a little difficult with one person.

A-Frame Scaffolding

A-Frame Scaffolding | 4ft or 6ft | Folding
$37.00 – $55.00 Select options

A-Frame Scaffolding is also called Folding Trestle Scaffolding. It consist of two folding frames that are put into place, unfolded and then a working platform is put on top. These frames can be purchased in several different heights, such as 3ft, 4ft and 6ft and they contain ladder rungs to give you several platform height options. A-Frame scaffolding is very light, it is the fastest and most simple of all scaffolding to set up and you can create a platform as long or narrow as you need. Your platform can be made from wood or aluminum boards. For example, we sell aluminum boards that range from 7′ all the way to 24′ long – giving you lots of platform length options. This scaffolding works great for painting long walls and low ceilings and getting a lot done quickly.

Advantages

The easiest and fastest scaffolding to set up.

Lots of platform length options.

Low price.

Disadvantages

Platform can only go up to 6′ high.

Cannot work on uneven surfaces.

Frame Scaffolding

Set of Scaffolding | 2ft X 6ft 4in | S-Style | Ladder
$109.00 Add to cart

Frame scaffolding is two scaffolding frames, connected by cross braces. These frames come in various widths, for instance we carry frames that range from 2′ wide to 5′ wide. They are very strong, stackable, and come with lots of accessories so that you can configure them to meet the specific needs of your painting project. For instance, these frames can be used with leveling jacks so that each leg can be adjusted for painting on uneven surfaces.

Advantages

Very versatile in configuration.

Can be used on very large projects.

Lots of accessories available.

Disadvantages

Must purchase accessories individually

Ladder Jack Scaffolding

Ladder Jack Scaffolding – Long Body
$140.00 Add to cart

Ladder jack scaffolding is simply some angled extensions that hook onto ladders that allow you to use your ladders like scaffold frames and attach a platform between them. You just need to purchase two jacks and a platform. This type of scaffolding allows you to utilize ladders you already have. You can set it up and paint on a platforms and then break it down and paint on the ladders where needed.

Texas COVID Executive Order

Effect of Texas COVID Executive Order GA-14 on the Construction Industry

Updated April 16, 2020

On March 31, 2020, Governor Abbott issued Executive Order GA-14 (the “Order”) which supersedes previously-issued Executive Order GA-8, but not Orders GA-10 – GA-13.

As you probably know by now, this Order remains in force until April 30, 2020 unless modified, amended, rescinded or superseded by the governor. Matters related to this article are in a constant state of flux, subject to changes from the Governor’s office, County Judges and Mayors all across Texas.

Governor Abbott announced that on or before April 18, 2020, he will issue a new executive order on re-opening Texas. We will provide you with Construction Industry Perspective analysis of this order to ensure you are in the best position to make informed choices for your family, your community and your business.

Is Construction still classified an “Essential Service?” — Short answer: Mostly yes.

Notably, the new Order adopted as “essential services” those sixteen economic sectors (the “sweet sixteen”) identified by DHS in its Guidance on the Essential Critical Infrastructure Workforce, Version 2.0, (“Guidance”). That document can be found in the attachment at the very bottom of the following page https://www.cisa.gov/publication/guidance-essential-critical-infrastructure-workforce.

The Guidance does not identify construction as an essential service in a broad-brush manner, but it does contain several relevant references to various types of construction services as authorized by the Order, as outlined below.

First, if you are working on a construction project in support of one of the sixteen identified critical-infrastructure sectors, then you are providing an essential service, and are excepted from the stay-at-home element of GA-14. Examples include Healthcare, Transportation, Water, Energy, Agriculture, Commercial Facilities, Financial Sector, and the Defense sector.

Second, various sections of the Guidance confirm that workers performing maintenance and critical inspections of commercial buildings and construction and maintenance on residential housing are all performing “essential functions,” as summarized below.

PUBLIC WORKS AND INFRASTRUCTURE SUPPORT SERVICES – Workers, including plumbers, contractors, HVAC Technicians and other service providers who provide services that are necessary to maintaining the safety, sanitation and essential operation of residences and buildings.

OTHER COMMUNITY- OR GOVERNMENT-BASED OPERATIONS AND ESSENTIAL FUNCTIONS – Workers to ensure the continuity of building functions including but not limited tosecurity and environmental controls (HVAC), the manufacturing and distribution of the products required for these functions, and the permits and inspections for construction supporting essential infrastructure.

COMMERCIAL FACILITIES – Workers who support the supply chain of building materials from production through installation.

RESIDENTIAL / SHELTER FACILITIES AND SERVICES – Workers supporting the construction of housing

Can I work on a construction project not in the “sweet sixteen”? — Generally, yes.

Governor Abbot’s order is carefully worded to encourage the spirit of de-centralized government, therefore allowing county judges and mayors substantial freedom to issue orders governing the actions and activities allowed in their jurisdictions. It is only where a local order attempts to restrict an activity allowed by the Governor’s Order, that the two would come into conflict. In such an eventuality, the Governor’s Order controls, and the activity is allowed. This means that the answer to whether your particular construction activity is an essential function can be determined only by comparing your county and city orders with those of the Governor.

For example, the City of Frisco’s latest order permits residential and commercial construction. As such, it is not in conflict with the Governor’s Order and all construction may move forward in the City of Frisco, as of April 1, 2020.

In contrast, Dallas County’s most recent order (March 29) allows residential and commercial construction, except for elective additions or maintenance. However, the Governor’s Order appears to allow elective maintenance for commercial property. Additionally, and with specific regard to residential property, the Governor’s Order allows “workers performing housing construction related activities,” and “workers supporting the construction of housing.” These broad allowances appear to conflict with the Dallas County restriction on “elective additions and maintenance.” Thus, it appears that the Governor’s order will control, and that elective additions and maintenance are once again allowed in Dallas County.

A less Dallas-centric example is found in orders from Travis County and the City of Austin which both seek to prohibit construction other than (generally) for government purposes support of the “sweet sixteen.” The Governor’s Order requires that the “sweet sixteen” be allowed to continue to operate, so no conflict there. However, the Governor’s Order also affirmatively allows “housing construction related activities,” which Austin’s order appears to generally forbid. Therefore, again, it appears the Governor’s Order conflicts with the county and city orders, thus the Governor’s Order controls, and residential construction appears to once again allowed in Austin.

The only question remaining is whether new commercial construction is allowed under the Governor’s Order. Clearly, maintenance work and renovations in commercial buildings are allowed. However, commercial new builds are not expressly allowed by the Governor’s Order, but neither are they clearly forbidden.

Nonetheless, for now, County Judges and mayors in most of Texas realize the value of ongoing construction, and the only orders clearly prohibiting new non-governmental commercial construction are those issued by Travis County and the City of Austin. Whether, under the Governor’s Order, new commercial construction is allowed in Travis County and/or the City of Austin is a mixed issue of politics and law which unfortunately remains unclear. Because, Austin.

Brian Benitez is a partner at Ensley Benitez Law, P.C., whose practice emphasizes litigating matters important to small and medium businesses arising from areas including Construction Law, Employment Law, Contracts Law, Texas Property Code Liens, and Agency Law (e.g. representing businesses against government entities, such as OSHA, EEOC, TDI, TX Comptroller). Ensley Benitez Law, P.C., 8140 Walnut Hill Ln., Ste. 835, Dallas, TX 75231 469-501-5562. For more information on how to protect your business during this Covid-19 crisis, see our website at www.eblawtexas.com.

Dallas COVID Order | Effect on Construction

CONSTRUCTION INDUSTRY PERSPECTIVE ON THE DALLAS COUNTY SAFER AT HOME ORDER AS AMENDED 04-17-2020

April 20, 2020 Brian BenitezCOVID-19

Dallas Order on mask and how it impacts the construction industry

Updated 04.18.2020

On April 16, 2020, County Judge Clay Jenkins issued his Amended Safer at Home Order (the “Dallas Order”). The Dallas Order supersedes all other county-level restrictions and prior Safer at Home Orders. On April 17, 2020, the Dallas City Council held an emergency meeting to vote on amendments to Judge Jenkins’ original order.

Between Judge Jenkins’ Order and the City Council Amendments, there are three notable things to consider.

But in fairness, this article covers a lot of ground, so I am front-loading it with the most important points, which are valid as of 04.18.2020, and which are subject to being altered in future orders.

BOTTOM LINE ON CONSTRUCTION PROJECTS IN DALLAS: Residential and commercial new builds are allowed. Residential and commercial maintenance work is allowed. Elective additions and maintenance to either are banned by Judge Jenkins, but allowed by Governor Abbott, so the permissibility of that particular work is in a gray area until decided by a court or resolved between the politicians.
BOTTOM LINE ON MASKS: Individuals in Dallas County must wear some sort of covering over the nose and mouth when patronizing an Essential Business, using public transportation, taxis or ride shares. Thankfully, the Dallas Order relieves “the public” of this burden while eating. Other times when “We The Public” may show our Full-Monty face are when riding in a vehicle; engaging in an outdoor activity; or when wearing a mask poses a significant medical threat, and/or when the person, for whatever circumstance, is unable to remove the mask without assistance. You will not be arrested for merely violating the mask requirement, but don’t be surprised if such a violation is tacked on to any other list of charges made against an individual who comes into contact with law enforcement for reasons other than violating the mask requirement.
THIRD – BOTTOM LINE ON CRAFT STORES: Craft stores may now open for business in Dallas County.
The amended, final Dallas Order can be found here.

From the Construction Industry Perspective – the practical impact that the Dallas Order will have on the construction trades remains both unchanged, and unclear.

To fully understand the reach of the Dallas Order, (and that of any other municipal or county order in Texas) requires considering it alongside Governor Abbott’s controlling Executive Order on the same topic. For now, the Governor’s Executive Order on Essential Services in the COVID environment is his Order numbered GA-14 (Relating to statewide continuity of essential service and activities during the COVID-19 disaster) (the “Texas Order”). Governor Abbott may release additional orders from time to time, and those orders may, or may not supersede GA-14.

Check back often for updates.

Issued on March 31, 2020, the Texas Order from Governor Abbott supersedes any conflicting order issued by local officials which seek to restrict essential services allowed by the Texas Order. Meaning: if the Governor defines an activity as an essential service, and allows it to move forward, then no county or local order can forbid it.

The Dallas Order does not appear to impose any additional restrictions on the type of construction work that can be performed in Dallas County, but it does add the notable restriction making it mandatory for individuals to wear masks when leaving the house for most purposes that would bring them in contact with others. More discussion on this below.

But back for a moment to construction – here for your convenience is an assessment of whether various construction activities are allowed in Dallas County.

Activity	Dallas Order	Texas Order	Likely Results*
Construction	Allows Construction for public works, residential, commercial and schools. Elective additions and maintenance are prohibited.	Allows Construction for public works, residential, and maintenance for Commercial. New build Commercial is in a gray area.	Public works and infrastructure construction are allowed for both. Residential and Commercial new builds are allowed, since the Dallas Order permits, and the Texas Order does not strictly Forbid. However, Dallas’s restrictions on elective additions and maintenance may found unenforceable if challenged, because they appear to be an attempt to restrict an activity which is allowed by the Texas Order allows.**

Judge Jenkins’ Order requires “the public” to wear cloth in most instances, subject to the exceptions discussed below

Judge Jenkins’ Dallas Order eloquently collectively refers to the people in and of Dallas County as “the public,” and requires the public to wear cloth masks when outside their homes, subject to some exceptions. But not the good masks. In the Dallas Order, Judge Jenkins informs us that N-95 respirators and surgical masks are critical supplies, no longer for the masses, but which must now “continue to be reserved for healthcare workers and first responders,” even though for weeks we have been subjected to finger-wagging media talking heads telling us we must believe the obvious fiction that these same masks only work from the inside-out.

More evidence of irony’s continued existence, and an interesting turnabout for our convenience-store-owner clients, is the Dallas Order now allows business owners to refuse entry or service to anyone not wearing a mask.

After Judge Jenkins issued his version of the Order, the Dallas City Council met in emergency session, then voted 3-2 to amend the edgier elements , and to make it clear that individuals will not be arrested or penalized for merely failing to wear a mask when outdoors.

Hat tip to the City Council for this amendment, because the Jenkins Order included significant penalties for violation, including fines up to $1,000.00 and up to 180 days in jail. In fact, while the Jenkins version of the Order excluded children under 2 years of age from the mask requirement, it did contain a provision that children between 2 and 9 who fail to comply with the Dallas Order subject their parents to those same fines of up to $1,000.00 and up to 180 days in cash. And I am not kidding. In fact, all individuals over two years old not medically excluded faced these same penalties for failure to comply with the Jenkins Order.

The Dallas City Council deems Hobby Lobby and other craft stores “essential,” less than two weeks after Judge Jenkins ordered them to close.

In response to Judge Jenkins’ attempt to shut them down less than two weeks ago, craft store giants Michaels, Joann and Hobby Lobby all pointed out that they sell materials necessary for “the public” to make their own masks and other “COVID PPE©” (my terminology, not theirs). Nonetheless, in an attention-grabbing tour de force, Judge Jenkins deemed them non-essential, and ordered them to close on or before April 3, 2020.

Then, on April 16, 2020, while the craft giants remained closed under his own order, he issued a new order compelling “the public,” under penalty of fine and imprisonment, to wear cloth masks, but not N-95 or surgical masks. Clearly this would leave many people in a catch-22, even considering the T-shirt mask instructions he distributed. Again, hat tip to the City Council for making this observation and ordering that craft stores are again essential and can open so that “the public” can obtain supplies necessary to conform with the Dallas Order.

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 Basalt Fiber Rebar
$4.50 Add to cart

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.

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.

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

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.

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.

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.

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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.

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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.

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.

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Weight Capacity of Heavy-Duty Scaffolding Frames

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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.
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.

Stair Towers vs. Scaffold Ladders

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Stair Towers 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. Stairs 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 scaffolding stairs 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 stairs to access your scaffolding whenever possible. Not only are they safer in virtually every situation but they will also increase productivity on medium to large project.
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.

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

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

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.

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 or for assistance in drafting mechanic’s liens and pre-lien notices, visit the Law Office of Justin Scroggs.

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, contact the Law Office of Justin Scroggs. 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

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Load Limits on Scaffold Boards in Medium Duty Applications

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.

Wood Scaffold Planks | OSHA Boards
$23.00 – $49.00 Select options

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The Dallas City Council deems Hobby Lobby and other craft stores “essential,” less than two weeks after Judge Jenkins ordered them to close.

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

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

Gatorbar Basalt Fiber Rebar

GatorBar Rebar Now for Sale at Southwest Scaffolding

Stronger than Steel

Lighter than Steel

Non-Corrosive

Competitively Priced

Non-Stop Scaffolding Rental in New Orleans, Louisiana

Non-Stop Scaffolding Rental Programs

Non-Stop Scaffolding Crane Setup

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

Train Every Worker in Scaffolding Safety

Choose the Right Scaffolding for the Job

Use Scaffolding Exactly As Intended

Recognizing Scaffolding Safety Hazards

Using the Right Safety Gear

Respecting Load Limits

Keeping Surfaces Clear

About the Author

The Skinny on Consequential Damages.

Difference Between Consequential and Direct Damages

Consequential Damages are Recoverable in Texas.

Questions to ask before you buy scaffolding from our competitors

Before You Buy Scaffolding Elsewhere…

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

Case Summary

Restoration/Roofing Contractors and the Texas Public Insurance Adjusting Act

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

Wall Brace Rental in Tyler, Texas

Post by Jenna Scroggs

Bricklayer 500 – Dallas Area Bricklaying Contest

About The The Spec Mix Bricklayer 500

Post by Jenna Scroggs

Scaffolding Store for Dallas, Texas

Buy Scaffolding Near You

Benefits of Buying Scaffolding Locally

Is it Worth the Drive?

Buying at our Yard in DFW

Local Delivery

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.

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

The Advantage Of A Stair Tower System