CAM eNewsletter – May 15, 2020

CAM eNewsletter - May 15, 2020

FEATURED IN THIS ISSUE:

Coronavirus and the Construction Industry: Getting Back to Work!
• Mid-Year Economic Forecast and State of the Industry Webinar
• CAM’s 2020 Golf Outings Are On! Register Today
• CAMTEC’s Upcoming Classes
• CAM Member Benefit: Discount on Freightliner Sprinter Vans
• Bloomfield Hills Prime Office Space for Lease
Join the Nation’s Leading Safety Conference Virtually
• Resources to Help Small Businesses Get Back to Work Safely
• How Brain-Centered Hazards Impact Serious Injury and Fatality Potential
• Live Online BIM Software Training Now Available
• Ten Steps All Workplaces Can Take to Reduce Risk of Exposure to Coronavirus

Click here to view the CAM eNewsletter

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CAM eNewsletter – April 30, 2020

CAM eNewsletter - April 30, 2020

FEATURED IN THIS ISSUE:
  • Michigan’s Construction Industry Scheduled to Reopen on May 7th
  • Coronavirus and the Construction Industry: Keeping Current
  • Register Today for CAM’s 2020 Golf Outings
  • CAM Shooting Events Have Been Rescheduled
  • CAMTEC’s Upcoming Classes
  • Next Safety Committee Meeting Takes Place May 11th
  • Identify Projects Available for Bid via the CAM Virtual Planroom
  • CAM Member Benefit: Discount on Pure Safety Training
  • Bloomfield Hills Prime Office Space for Lease
  • Woods Construction on Retail Construction Environment
  • Attention All Architecture Students!
  • Michigan Safety Conference Online Learning Series Coming in June

Click here to view the CAM eNewsletter

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An Accelerant: Woods Construction on Retail Construction

An Accelerant: Woods Construction President John Bodary on Retail Construction in the Coronavirus Era

By Dennis Burck

Michigan Gov. Gretchen Whitmer’s executive order to enforce social distancing came on March 24, advising that people stay six feet apart to prevent the spread of coronavirus. The distance was troubling for Woods Construction President John Bodary. “If we are hanging a sheet of drywall, how can our guys stay six feet away from each other?”

It would be the first question of many in a myriad of challenges Bodary faces in the especially hard-hit retail sector of construction during the coronavirus pandemic. According to a recent study by Dodge Data and Analytics, 2020 is projected to see a 33 percent decrease in U.S. commercial building starts.

Additionally, the U.S. Department of Commerce reported that March saw the greatest decline in retail sales within the last 30 years at 8.7 percent. April’s report is expected to be much higher.

“When you go into construction, you get satisfaction from producing. You want to see that you have built something. You want to see your progress. For me this has been the opposite of that,” Bodary said.

“Now you go home at the end of the day exhausted and what you did was just put jobs on pause. It is kind of depressing.”

His first reaction was to read the executive order and see if there was a way to keep business going. Bodary evaluated over 30 of his construction sites from Boston to Alaska, trying to navigate the evolving and sometimes gray legalities of continuing operation during the pandemic.

However, a phone call from a client changed his priorities.

“The client said ‘Hey, on this date from eight until noon, we need to know every one of your employees that was on the job site because we sent in a third-party vendor who had a confirmed case of coronavirus at that site.’ I looked at the list and we had five employees at that job in Wisconsin.”

Bodary looked at the group of five on the job: One worker had a baby due in a month, another was one month from retiring.

“Each person has a story and I thought what are we doing here? If we talk the talk that our employees are the most valuable resource, we better start walking the walk.”

The employees that were exposed were remodeling a restaurant, and the decision was made to methodically make the project safe, secure and usable by the client and then get the employees home to practice self-distancing.

“The decision became more philosophical than business: We weren’t building a hospital here,” Bodary added. “We weren’t going to leave an essential remodel in progress – like a pharmacy or grocery department remodel, but we also wanted to get our people home safe and allow the client to operate their essential business without distraction.”

Now Bodary’s work has shifted to planning for a gradual and safe return to work with a nine-page document and checklist for each job site.

“We are taking the best practices from lots of sources − OSHA, CDC and the trades. We are trying to summarize these and make them ours. It is very important to have moving forward.”

According to Bodary’s retail clients, most summer projects will be bumped back into next year and the focus will shift on more immediate essential needs like installing plexiglass guards for cashiers and other emergency tasks as the situation evolves.

“As for the well-being of the retail construction market, the coronavirus is not the root cause in most of the downturns,” he said.

“I don’t think the result of the coronavirus will change what the market results would be anyway. I think it is just accelerating the change that was inevitable.”
Bodary expects to see an accelerated decline in B- and C-class malls and more retailers who are continuing to “right-size” their stores by decreasing square footage and curating the space with more popular inventory.

Target is already testing this model in downtown markets like East Lansing in 2019 by opening its first small-format store in Michigan. Woods Construction contributed to the build.

“At the same time, I think this is going to create opportunities for people who are sustainable. Retailers like Target and others that offer essential grocery and pharmaceutical products will have opportunities to take advantage of a downturned real estate market,” Bodary said. “They can take advantage of an old box vacated by Kmart or another struggling retailer. It will take some time, but I think those companies are going to flourish.”

Though the future of known specific work is still up in the air, Bodary sees the function of Woods Construction and other builders remaining constant throughout the crisis.

“From our perspective, I know from the last 35 years of doing this is that we become the managers of change. And this unique event in our lives is going to create change.”

John Bodary, President, Woods Construction
John Bodary, President, Woods Construction

Woods Construction, Inc. is a full-service General and Specialty Contractor with experience spanning, from coast to coast, and projects ranging in size from the construction of multi-million dollar retail stores, to simple maintenance calls for public schools and community churches, and most everything in-between. They are a long-time CAM member and an active participant on the CAM Safety Committee.

Hired as a Prebid Construction News Reporter, Dennis Burck recently joined the team at the Construction Association of Michigan. Burck earned a BA in journalism from Wayne State University in 2017, spending the last two years as a new development and general assignment reporter for the Lansing City Pulse. At the Pulse, Burck was tasked with writing the paper’s “New in Town” column, tracking commercial and city developments from construction to completion. His work also appeared in the Detroit Metro Times, Metro Parent, Model D Media and the National Endowment for the Humanities’ magazine

CAM eNewsletter – April 15, 2020

CAM eNewsletter - April 15, 2020

FEATURED IN THIS ISSUE:
  • Coronavirus and the Construction Industry: Keeping Current
  • CAM’s 2020 Golf Outings Are Now Open for Registration
  • CAM Launches New Member Portal
  • CAMTEC’s Upcoming Classes
  • CAM Virtual Planroom Is Open!
  • Bloomfield Hills Prime Office Space for Lease
  • Interim Update: The U.S. and Michigan Economic Outlook for 2020–2022
  • Upcoming CPWR Webinars
  • Michigan Safety Conference Online Learning Series Coming in June
  • Updated Online Employee Injury and Illness Incident Reporting Form

Click here to view the CAM eNewsletter

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CAM eNewsletter – March 31, 2020

CAM eNewsletter - March 31, 2020

FEATURED IN THIS ISSUE:

Coronavirus and the Construction Industry: Keeping Current
• April’s Safety Committee Meeting: Hydro-Excavating
• CAMTEC’s Upcoming Classes
• CAM Safety Achievement Award Ceremony Recognized 43 Companies
• MDOT Issues Guidance on Field Operations During the COVID-19 Outbreak
• CAM Member Benefit: Staples Services for Remote Teams
• Bloomfield Hills Prime Office Space for Lease
• AIA: How “Stay Home, Stay Safe” Affects the Industry
• Online Educational Offerings from ASCE
• Order Updated Health and Wellness Posters from ARC
• NECA Opens Submissions for 2020 Project Excellence Awards
• Michigan Launches Coronavirus Volunteer Website
• ENR FutureTech Conference Moved to October

Click here to view the CAM eNewsletter

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How UPS is responding to the Coronavirus

How UPS is responding to the Coronavirus

UPS is closely monitoring the impact of the Coronavirus and we want to make sure you are kept up-to-date on what they are doing to keep members and customers like you safe while continuing to deliver around the world.

Here’s what we know and what you can expect:

  • Compliance with all government regulations and health safety guidelines related to the containment of COVID-19.
  • Many people are asking the same question: is it safe to receive and handle a shipment? The World Health Organization (WHO) and U.S. Centers for Disease Control (CDC) has stated that the likelihood of catching the COVID-19 virus by touching cardboard or other shipping containers is low.
  • If you prefer that your UPS driver does not deliver packages to your premises, you can arrange for your packages to be held for pickup at your local customer center for 2 weeks. When you wish to resume delivery to your business, you can request that to happen at the same UPS customer service counter you visit to pick up packages.

For more details and updates, please visit: http://bit.ly/UPS_Updates

Need to Ship? Visit: www.savewithups.com/cam
Have questions about your Savings Program? Call: 1-800-MEMBERS (636-2377), M-F: 8am-5pm ET.

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Coronavirus and Construction Contracts

Is Your Construction Contract COVID-19 Proof?

Information provided by McAlpine PC

Are you an owner, general contractor, or subcontractor currently performing your obligations pursuant to a construction contract? Are you drafting, negotiating, or preparing to enter into a construction contract in the near future?

If you answered yes to either of the above questions, it is imperative that you review or consider incorporating a force majeure clause into your contract.

Even before the World Health Organization declared COVID-19 (“Coronavirus”) a global pandemic on March 11, 2020, construction projects across the country were being impacted due to China, the world’s largest producer of steel and other goods, being at the epicenter of the outbreak. Now, as the federal government and private employers begin implementing protective measures to prevent the spread of COVID-19, construction projects will most certainly be impacted even more by the virus.

As such, if you are in the construction industry it is essential that you review your current or future contracts for a force majeure clause and the applicable notice requirements. A standard provision in many contracts, a force majeure clause, relieves both parties of their contractual obligations upon the occurrence of a specifically defined event that is unforeseeable at the time of contracting or is out of a parties’ control, making performance impossible or impracticable. The force majeure clause may also include specific time-sensitive notice requirements that should be strictly adhered to.

In Michigan, force majeure clauses are narrowly construed; meaning that a clause “will generally only excuse a party’s nonperformance if the event that caused the party’s nonperformance is specifically identified.” Kyocera Corp. v. Hemlock Semiconductor, LLC, 313 Mich. App. 437, 447, 886 N.W.2d 445, 451 (2015). Thus, in regard to COVID-19, a contract’s force majeure clause is most likely applicable if it contains the term “pandemic,” “disease,” or “viral outbreak.”

However, merely because a force majeure clause might be applicable does not mean a party can immediately stop preforming his or her contractual obligations. In order to invoke a force majeure clause, a contracting party must not have of been the cause of the delaying event or failed to prevent it by exercising prudence, due diligence, and care. See Erickson v. Dart Oil & Gas Corp., 189 Mich. App. 679, 688, 474 N.W.2d 150, 155 (1991); Cordoba v. City of Detroit, No. 221391, 2001 WL 1009308, at 3 (Mich. Ct. App. Sept. 4, 2001). According to Michigan common law, “a party’s failure to explore or utilize available options to overcome the delaying condition can constitute lack of due diligence.” Id. If you are in the construction industry and your work is being negatively impacted by COVID-19 or have questions or concerns regarding your contract, please feel free to contact McAlpine PC at (248)373-3700.

COVID19

McAlpine PC is a nationally-known law firm concentrating in construction law and litigation in Michigan and throughout the United States. It has received some of the largest jury verdicts and arbitration awards in the country. The firm’s founder, Mark L. McAlpine, is recognized as one of the best construction litigators in the country by a wide variety of lawyer peer review publications. The firm’s lawyers regularly counsel clients on matters of contract formation and administration, claims litigation, insurance, environmental and real estate issues faced by owners, contractors and subcontractors. Visit our website at www.mcalpinepc.com or call us at (248) 373-3700 for more information about the firm.

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Staples Advantage

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CAM Members Save with Staples Advantage

As a member, you are eligible for all the benefits and savings that our partnership with Staples Business Advantage offers.   They truly are a one source shop for all your business needs.   Staples Business Advantage is different than Staples.com – it is a service designed to benefit large companies, with big buying power.  Your CAM membership makes you eligible for this VIP service, regardless of your business size!

Benefit from:

  • Office supply solutions – Millions of products from the most trusted brands
  • Facility solutions – Products and services to keep your buildings clean, safe and efficient, nationwide
  • Technology solutions – Leading assortment of services and products for everything IT
  • Promotional product solutions – More than 700,000 products customizable for your brand
  • Print solutions – Solve any print need, from complex forms and labels to digital copy
  • Furniture solutions – Everyday furniture and complete services, design to installation
  • Safety Supplies – PPE, flammable gas storage, material handling equipment, and more

Learn why more organizations choose Staples Advantage as their trusted office solutions advisor over everyone else. Contact Lynn Swain at lynn.swain@staples.com and sign up today.

Learn More

Providing Assistance During COVID-19

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CAM eNewsletter – March 13, 2020

CAM eNewsletter - March 13, 2020

FEATURED IN THIS ISSUE:

  • Coronavirus and the Construction Industry: Mitigating the Impact
  • Current Cancellations/Changes Due to COVID-19
  • Special Issue 2020 Call for Entries – Submission Deadline Is Monday!
  • CAMTEC’s Upcoming Classes
  • Bloomfield Hills Prime Office Space for Lease
  • CAM Mourns the Passing of John David Maas
  • 2020 Commerce Design: Detroit Applications Are Open!
  • Heavy Equipment Awards Call for Nominations
  • Public Comments Sought on Workplace-Supported Opioid Recovery
  • MDOT’s Small Business Development Conference March 23rd-24th
  • NetZero Build Summit 2020 Moves to August 25th-26th
  • Product Recall: Guardian Protection’s Diablo Big Block SRL

Click here to view the CAM eNewsletter

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