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Contracts Bulletin #65 (2.0): Force Majeure – A Clause for Our Times

Updated June 3, 2021. When a contract contains either rewards or penalties for meeting deadlines, force majeure clauses are essential. Otherwise, the contractor will be held accountable for meeting a deadline, even if the delay is caused by forces outside its control.

Contracts Bulletin #110 (2.0): Shifting the Risk of Rising Material Costs

Updated June 2021. Even in the best of times, material shortages and changing prices are disruptive. Commodities, such as asphalt, copper, steel and other materials are subject to global pressures and price fluctuations. More than ever, contractors need to protect themselves from changes in material prices.

Contracts Bulletin #118 (2.0) : Force Majeure Provisions: COVID-19

Updated June, 2021. Over the last year, many industries have experienced supply delays and workforce shortages resulting from the spread of COVID-19. The construction industry certainly was not immune to these issues. The current situation serves as a good reminder to review and understand contract provisions that cover unforeseen construction delays.

Episode #17: Chuck Gulledge on Leading Through a Pandemic and the Future of Our Industry

The pandemic forced industry leaders to connect virtually, and in some cases, meant more “face” time with members than might have occurred under the previous in-person-meeting model. While most organizations are eager to resume onsite, in-person meetings, the pandemic presented an opportunity to connect with members in a way never before explored. ASHRAE President Chuck Gulledge explains. Plus, how technology will continue to disrupt our industry, resulting in increased innovation and better air quality.

Contractors Required to Negotiate Before Unilateral Change to Working Conditions

The NLRB found that a workplace rule change constituted a material, substantial, and significant change in employees’ terms and conditions of employment in violations of their rights under the NLRA.

Employers May Offer Vaccine Incentives

Updated EEOC guidelines note that EEO laws do not preclude employers from offering incentives to employees who voluntarily provide proof of a COVID vaccinations. Vaccination information must be kept confidential and remain in compliance with all federal disability laws and other protections against discrimination.

Help Raise Awareness About Building Safety

Building Safety Week topics include energy and innovation, training, safety, and disaster preparedness. Modules are available online and can be completed at your own pace, anytime and anywhere from the convenience of your computer. A free Campaign Toolkit includes template resources, such as news releases, advertising, and pre-written social media posts to help drive awareness of building safety topics in your community.

Spring Issue of SMART Journal Available Online

The Spring issue of SMART includes a special focus on building back the union and explores how the Biden administration is positively impacting the industry. The issue also highlights TABB contractors on the frontlines and the SMART–SMACNA diversity initiative.

U.S. Department of the Treasury

The Treasury Department is the executive agency responsible for promoting economic prosperity and ensuring the financial security of the United States. 

U.S. Department of Transportation (DOT)

The top priorities at DOT are to keep the traveling public safe and secure, increase their mobility, and have our transportation system contribute to the nation's economic growth.

U.S. Small Business Administration (SBA)

The U.S. Small Business Administration helps Americans start, build, and grow businesses. The SBA was created in 1953 as an independent agency of the federal government to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise, and to maintain and strengthen the overall economy of our nation.

U.S. Department of Labor

The U.S. Department of Labor (DOL) administers and enforces more than 180 federal laws. These mandates and the regulations that implement them cover many workplace activities for about 150 million workers and 10 million workplaces. 

Pension Benefit Guaranty Corporation

The Pension Benefit Guaranty Corporation (PBGC) protects the retirement incomes of over 34 million American workers in private sector defined benefit pension plans. PBGC was created by the Employee Retirement Income Security Act of 1974 to encourage the continuation and maintenance of private sector defined benefit pension plans, provide timely and uninterrupted payment of pension benefits, and keep pension insurance premiums at a minimum.

Federal Acquisition Regulation Council

The Department of Defense (DoD), GSA, and the National Aeronautics and Space Administration (NASA) jointly issue the Federal Acquisition Regulation (FAR) for use by executive agencies in acquiring goods and services.

In-Cab Technology: The Future of Fleet Safety

With vehicle crashes on the rise and cost of crash-related litigation skyrocketing, many businesses are leveraging in-cab technology to help protect their drivers, operations, and bottom line.

Residential Wage & Fringe Database

The Residential Wage & Fringe Database tracks benefit information for approximately 25 local areas. This information can be useful to contractors looking at bidding in areas outside their home local when they may not have the other area’s wage sheets.

Episode #16: Diversity and Equity in the Industry

In Episode 16 of Let’s Talk Shop, host Angie Simon, CEO, Western Allied Mechanical, chats with Leah Rambo, Training Director and Fund Administrator at Sheet Metal Workers Local 28, about the diversity, women in the trade and inclusion opportunities in NYC and how she helps ensure there are opportunities in the trade to remain equitable and competitive.

SMACNA’s New Website Is Live!

SMACNA has launched a new website, focused on the needs of members and chapter executives while also serving to raise awareness of our industry. The site contains many new features and advantages outlined below.

TAB Contractor, EB&I, Helps Businesses in New Mexico Evaluate Their HVAC Systems

The pandemic helped create some amazing opportunities for contractors like Tony Kocurek, owner of Energy Balance &, Integration (EB&I), an Albuquerque, N.M.-based TAB business. In 2020, EB&I helped customers from hospitals to casinos address their changing HVAC system needs, not only to deal with extreme climate issues, but also due to the pandemic.

Pension Plans and the American Rescue Plan

The recently passed American Recovery Plan Act of 2021 (ARPA) included several provisions that could impact multiemployer plans. This webinar for SMACNA members, chapter executives, and trustees outlined key provisions in the ARPA that are applicable to our industry.

Risk Management Seminars Coming to a Location Near You

SMACNA members are invited to attend an exclusive, complimentary Risk Management Academy session hosted by Federated Mutual Insurance Company.

Georgia-SMACNA, Inc.

Georgia-SMACNA, Inc., is a statewide trade association representing some of the industry’s most innovative and forward-thinking sheet metal contractors who specialize in Heating, Ventilation, and Air Conditioning, Architectural & Industrial sheet metal, Manufacturing, Testing & Balancing, and Energy management.

Technology and the Future of Contracting Work

The economic recovery continues as we manage the new jobsite reality of additional processes and procedures to help combat the transmission of SARS-CoV-2. My virtual and now in-person visits with members have revealed that there is more focus on the jobsite, especially through two lenses: what keeps our people safe and what can help keep projects on time and on budget.

Capitol Hill Update: SMACNA Endorses Major School Construction and Retrofit Legislation

School Construction, COVID Tax Credits and Recently Endorsed Bills SMACNA has expressed support for S. 96, “The Reopen and Rebuild America’s Schools Act” sponsored by Sen. Jack Reed (D-RI) and 27 cosponsors.

UV-C for HVAC Air and Surface Disinfection

Despite decades of research and thousands of applications in hospital emergency and operating rooms, urgent-care centers, universities, and first-responder locations, UV-C has not been widely leveraged. 

Improving Upper-Room UV With Ceiling Fans

Studies show that, in spaces with limited air mixing, natural convection generated by heat gains from occupants and equipment at the floor level can reduce the effectiveness of upper-room/air UV systems.

The Harder Work: Reputation Management and Trust Building

We continue the series on the “harder work” of leadership — important but not urgent responsibilities that are easy to put off, in some cases for decades. In this installment, we’ll examine the responsibility of owners and senior leaders to incessantly enhance their organization’s reputation, refusing to believe it will stand untarnished without constant attention.

Deteriorating Backlogs: Responding to a New COVID-19 Reality

When 2020 kicked off, the construction industry was flying high. With a steady flow of work and bidding opportunities, large infrastructure projects on the horizon and sureties offering a seemingly endless supply of bonding, most contractors were hitting all-time-high revenues and profits, with healthy backlogs to keep the momentum going.

The Bidding Hack: 5 Ways to Increase Your Bid Win Rate

The pandemic led to one of the most difficult years in memorable history for the construction industry — one in which specialty contractors were hit particularly hard. According to a recent report from Autodesk, project bidding dropped roughly 34% in the 60 days following March 19, 2020, the day the first U.S. stay-at-home orders were mandated.

INDUSTRIAL: Putting on the Finishing Touch

The heater boxes fabricated and installed by H.M. White help ensure the paint looks great on every Ford vehicle built at a suburban Detroit factory.

RESIDENTIAL: HVAC Rebates Help “Frontline” Customers

When COVID-19 hit, SMACNA St. Louis looked for ways to help contractors help their customers who worked on the frontline of the pandemic.

HVAC: Now Serving Improved Restaurant Air Quality

As cities and states begin to loosen capacity restrictions, SMACNA members are finding their ventilation expertise in demand as operators work to ensure patrons’ comfort and safety. 

ARCHITECTURAL: Metal Press Brakes, Automation Lead to Architectural Improvements

Metal presses are one of the most basic tools of the sheet metal trade. “When we renovated the USS Arizona Memorial in Pearl Harbor, we shaped the gutters, flashings and downspouts with our press brake,” said David Parke, VP of construction operations at Honolulu-based Dorvin D. Leis Company, Inc.

New Technologies Promise Improved Safety and Efficiency

By now, many of us have seen the videos on the internet of industrial robots traversing warehouse obstacle courses like contestants on American Ninja Warrior. 

EPA Signs SNAP Rule 23

On April 23, the EPA signed the Significant New Alternatives Policy (SNAP) Rule 23, which expands the list of substitutes for refrigeration and air conditioning.

Call to Members! Share Your Story with Us!

We’re asking you to share your company’s recent experiences with workforce development, community engagement and more.

Webinar: Fall Prevention: Slips, Trips, Falls and Common OSHA Citations

Each year, jobsite and workplace hazards related to falls continue to be a common source of OSHA citations, with slips, trips and falls among the most frequent sources of claims.

How 2020 Shaped HVAC Filtration Trends

A recent blog post by Johns Manville examines how for many years there has been a trend toward higher performance filter systems that are also more energy efficient. When COVID-19 surfaced, it accelerated this trend and gave global visibility to the importance of improved indoor air quality in both residential and commercial applications.

Bipolar Ionization Spurs Interest as COVID-Fighting IAQ Solution

In Las Vegas, the tourism-dependent casino industry has been among the hardest hit by COVID-related shutdowns, capacity restrictions and the CDC’s recommendation to avoid nonessential travel.

EPA Signs SNAP Rule 23

On April 23, the U.S. Environmental Protection Agency (EPA) signed the Significant New Alternatives Policy (SNAP) Rule 23 - New listings for refrigeration and air conditioning; revised listing for fire suppression.

When Disaster Strikes Your Electrical Systems

Electricity is vital to our world and businesses, and our reliance on electrical systems creates a risk. Could you continue operating your business without electricity?

News Release: April Distracted Driving Awareness Month

Increases in speeding, cell phone use, and hard braking caused over 43,000 deaths in 2020 — almost 3,000 more deaths than in 20191 — so refocusing company drivers on safety is truly a life-saving endeavor.

Rooftop Ductwork – Round or Rectangular?

This technical resources bulletin discusses the differences between round and rectangular duct types, and factors to consider when choosing the appropriate duct type for rooftop ductwork applications.  

Federated Insurance

SMACNA Premier Partner
P O Box 328, 121 East Park Square
Owatonna, MN 55060
Ph: (507) 455-5200
Web: www.federatedinsurance.com/association-groups/smacna
Email: PJCunningham@fedins.com

Federated Mutual Insurance Company is proud to partner with SMACNA for the benefit of all members. Since 1904, Federated Mutual Insurance Company has provided insurance that helps protect not only businesses, but business owners’ peace of mind. Our programs and risk management resources are tailored to the exposures of your industry. Visit the SMACNA association page for more on the products and services we offer, and to locate your local marketing representative or association account executive.

Johns Manville

SMACNA Premier Partner
717 17th St.
Denver, CO 80202-3330
Ph: (303) 856-4752
Web: www.jm.com
Email: Michael.Cusick@jm.com

Johns Manville is a leading manufacturer and marketer of premium-quality insulation and commercial roofing, along with glass fibers and nonwovens for commercial, industrial and residential applications. Our history goes back to 1858, when the H.W. Johns Manufacturing Company began operations out of a tenement building in New York City. Today, our products are used in a wide variety of industries including building products, aerospace, automotive and transportation, filtration, commercial interiors, waterproofing and wind energy. A proud member of the Berkshire Hathaway family of companies, we serve customers in more than 80 countries around the globe.

Mestek Machinery

SMACNA Premier Partner
5480 Sixth Street
Cedar Rapids, IA 52404
Ph: (319) 364-9181
Web: www.mestekmachinery.com
Email: mbailey@mestek.com

Mestek Machinery is an industry-leading provider of the most complete, innovative metal forming solutions, specializing in machinery manufacturing for HVAC ductwork. Our family of companies – Lockformer, Iowa Precision Industries , Engel Industries and Roto Die – have decades of experience addressing every facet of the HVAC industry. The result is a combined knowledge that develops cutting-edge, precision technologies and advanced machining equipment that saves you time, labor, and ensures a finished product that reflects your reputation for quality.

Milwaukee Tool

SMACNA Premier Partner
13135 W. Lisbon Rd.
Brookfield, WI 53005-2550
Ph: (800) 729-3878
Web: www.milwaukeetool.com
Email: michael.kirby@milwaukeetool.com

Since the company began in 1924, Milwaukee Tool has led the industry in developing innovative solutions that deliver increased productivity and unmatched durability for professional construction users. Whether it is through our world-leading M12™ and M18™ cordless systems, the ground-breaking performance of our M12 and M18 FUEL™ products, jobsite lighting, time-saving accessories, or innovative hand tool and storage products, we are dedicated to delivering a continuous flow of advanced, trade-specific solutions. Milwaukee Tool is not simply a manufacturer – we are progressive problem solvers.

Procore

SMACNA Premier Partner
6309 Carpinteria Avenue
Carpinteria, CA 93013
Ph: (866) 477-6267
Web: www.procore.com

Procore is a leading global provider of construction management software. Over one million projects and more than $1 trillion USD in construction volume have run on Procore's platform. Our platform connects every project stakeholder to solutions we've built specifically for the construction industry—for the owner, the general contractor, and the specialty contractor.

Procore's Marketplace has a multitude of partner solutions that integrate seamlessly with our platform, giving construction professionals the freedom to connect with what works best for them. Headquartered in Carpinteria, California, Procore has offices around the globe. Visit procore.com/SMACNA to learn how Procore can help with technology and special pricing for SMACNA members.

Titus

SMACNA Premier Partner
605 Shiloh Road
Plano, TX 75074
Ph: (972) 212-4800
Web: www.titus-hvac.com
Email: communications@titus-hvac.com

For over 75 years, Titus has shown that functionality can also be beautiful. Titus makes air management products that deliver the highest degree of comfort, and these products have redefined what it means to be energy efficient. With a collection of smart technology products that optimize the use of natural resources, the Titus name stands for comfort, forward thinking and reliability.

Knauf Insulation

One Knauf Drive
Shelbyville, IN 46176
Ph: (805) 364-1228
Web: www.knaufnorthamerica.com
Email: Scott.woodward@knauf.com

Knauf Insulation North America is part of the Knauf Group AG, a family-owned global manufacturer of building materials based in Iphofen, Germany. Knauf leverages the expertise of over 35,000 employees across 250 production facilities in 86 countries. In North America, Knauf Insulation is a leading manufacturer of thermal and acoustical fiberglass insulation for residential, commercial, industrial, OEM and metal building applications.

Knauf’s mission is to challenge conventional thinking and create innovative solutions that shape the way we live and build in the future, with care for the people who make them, the people who use them and the world we all depend on.