Songs with Insurance references
Was driving last night, and a Warren Zevon song that I hadn’t heard in a while came on; Mr. Bad Example. One of the verses mentioned Workman’s Comp, and I can’t think of very many other songs that feature any references to insurance, either positive or negative. If you can think of any others, I’d like to see this be an on going post. If you want to contribute, post the youtube URL in the comments or on facebook.
Workman’s Comp Reference at 2:20
Contractor uses for the Apple iPad
There’s a new gadget on the horizon that has the potential to infiltrate markets that maybe Apple hasn’t considered yet. In keeping with the theme of the site, let’s look at a few ways that contractors could utilize the portable tablet.
1. Safety/Toolbox Talks:
It’s hard to get your guys to listen to you when you want to give a safety talk, and all they want to do is punch the clock and get to the job site. Instead of prattling on about something they aren’t interested in, how do you think they would respond if you pulled out your nifty new iPad and played them a safety video. Here’s a link to over 3,000 on Youtube. Using only what is available from Youtube would give you enough information for daily safety talks for 11 years. Granted, I know a lot of construction company owners that have more than enough information for safety talks, but lack the resources to give them to their employees. Now that Apple has developed a portable device that can show videos wherever and whenever, you have an electronic safety director. If you want to make some quick money, make an Apple App or podcast that delivers daily safety talks specifically tailored to your industry.
2. BIM:
You know it’s coming. Instead of having everyone on the site trying to coordinate inside a single trailer and look at a computer, you could take your iPad and your 5-D graphic for that project out to the jobsite and study the specs right then and there.
If you have any other ideas on how this new technology can benefit contractors, please leave a comment.
Cell Phone Use and Employer Liability Follow-Up
Original Post Since my post about employee cell phone use on company time while driving, some pretty significant precedents have been set. They were covered in this morning’s Advisen Front Page News
In December 2007, International Paper Company settled a personal injury lawsuit for $5.2 million with an Atlanta woman who lost an arm after being rear-ended by one of the company’s employees. The International Paper employee was driving a company sedan and was on her company-issued cell phone at the time of the accident. Even though the company had a policy in place that only allowed employees to use hands-free phones while driving for company business, the company still decided to settle the suit rather than let the case go to trial. In October 2004, a Virginia law firm settled a $30 million lawsuit for an undisclosed amount after one of its attorneys struck and killed a 15-year-old pedestrian. The attorney was driving her vehicle and talking on her cell phone to a client at the time of the accident. In December 2001, a Florida jury awarded almost $21 million to a passenger in a car that was struck by a salesperson who was using a cell phone while driving. The employer was found liable because the salesperson had been driving for the employer at the time of the accident. In February 1999, a large Pennsylvania investment firm paid a $500,000 settlement to the family of a motorcyclist killed by one of its employees who had been making a work-related call after hours on his own personal cell phone while driving. As these and similar cases illustrate, employers can be liable for accidents caused by their employees when an employee is driving a company vehicle or using his or her personal vehicle while engaged in business-related activities. Moreover, employers face potential liability for accidents caused by their employees’ use of cell phones while driving if the company provides the phones, or if the use of cell phones is an expected or encouraged part of the job. Employer liability in these types of cases is based on a legal doctrine called respondeat superior. The doctrine of respondeat superior exists throughout the United States, including Minnesota. Under this doctrine, an employer may be responsible for the harm caused by its employee if that employee was acting within the course and scope of his or her employment at the time the accident occurred. In addition to arguing that an employer is liable for the harm caused by one of its employees, some plaintiffs have argued that the employer is directly liable for its own negligent conduct in failing to provide adequate training or instructions on safe cell phone use, or failing to restrict usage.
As the legal precedents have shown, even guidelines in employee handbooks are superceded by the fact that the accident happened in the normal course of employment. Now would be a great time to buy your staff bluetooth devices to talk on when they’re driving, or tell them that no client phone call is important enough to risk a 20 million dollar lawsuit over. I’m sure the people who dismembered or killed another human being thought that they were good enough drivers to talk and drive at the same time. I’m sure the family of the victims disagreed. Next time your phone rings when you’re driving, switch it to speakerphone(90% of phones on the market have this feature) or call the person back when you have parked. To make it even easier for you, here’s a LINK to some wireless headsets that are priced at $14.99 and above.
How to Avoid Subcontractor Default
From IRMI
Diligently Manage Subcontractor Default Risk
Reports of a spike in subcontractor defaults are already surfacing, and most industry observers expect the situation to worsen through 2010 and into 2011. With margins on projects already squeezed by competitive pressures, contractors must take steps now to manage their exposure to this risk. Some basic steps contractors can take include the following.
- Pick the right people. Use subcontractors you know and with whom you have developed a good relationship. Good communication will be crucial in avoiding bad outcomes.
- Prequalify all subcontractors at a higher level. Double the frequency at which you review their financial statements. Interview their sub-tiers, vendors, and employees to see if payments are being made on time (make sure you have the contractual right to do so). Ask a lot of questions.
- Diversify. While it is important to use familiar subcontractors, don’t expose every project you have to the same risk, especially for major subcontractors.
- Watch for signals of distress. Aging of receivables and payables may be signs of liquidity problems, and a bid that is drastically lower than those of other bidders may signal desperation. Failure to return phone calls or e-mails or to show up at regularly scheduled meetings is a red flag. Train project managers to report any early signs of distress.
- React promptly. If appropriate, help the subcontractor over a short-term hurdle, but don’t throw good money after bad. Use a funds control service to make sure the funds you pay the subcontractor are being used to pay suppliers and sub-subs on your project. When a default occurs, take remedial steps quickly to avoid a domino effect on other aspects of the project.
Common Sense Winter Driving Risk Management
It’s been a snowy winter for several parts of the country that don’t typically see this type of weather. Specifically the Mid-Atlantic, where cities like Baltimore have already received 5 feet of snowfall, and we’re only halfway to spring. While citizens of New Hampshire, Vermont, and Maine normally relish these levels of precipitation, they have gotten less than two feet of total accumulation. Which has been a boom to their public works budgets but a bust for ski resorts without a lot of man made snowmaking capabilities…anyways, for those of you not familiar with driving around when the roads are white, here’s a list of things that can make your drive safer in the event of getting stuck. Let’s say that the forecast is calling for 6″-12″ of snow with blowing winds and the temperatures are in the mid 20s(not unlike the weather in Maryland yesterday) and you are about to head into work, but expect to be battling the storm on your way home.
1. Have a full tank of gas. You never know when you will get stuck, but being able to stay warm in the car/ recharge a dead phone/ and keep the headlights on to signal to rescuers is crucial.
2. Winter clothes. In case you need to spend the night in your vehicle or venture out into the storm to get help, you will be glad you had a heavy blanket, gloves, hat, and warm boots(nothing like walking in a blizzard wearing 3″ heels)
3. Flashlight or headlamp. They’re cheap and don’t take up much room in your trunk, console, or glovebox. Helpful for signaling to rescuers, morale, and lighting up the work area if you have to change a tire or dig yourself out. I like maglites or black diamond head lamps.
4. Collapsible shovel. Crucial for clearing snow away from a stranded or a stuck vehicle.
4.a Kitty litter is a great thing to use if your tires are still spinning after you cleared the snow. Dump a bunch around and under your tires then try moving again.
4.b Your car’s floormats can also be used to gain traction if you’re stuck. When I lived in Colorado, this got my 4 wheel drive truck unstuck on more than one occasion. Jam them under your tires in the direction you are trying to go. Replace when done!
5. Something red like an old t-shirt, bandanna, or underwear that you can affix to your antennae. If your car doesn’t have an antenna, use your onstar! This is so that rescuers can see you if your car has gone off the road.
6. Food/Water. If you know you are stuck and aren’t going anywhere for a while, you’d be amazed what kind of morale boost having a snack and staying hydrated can be. Power bars and bottled water stay good for a very long time if unopened.
7. If you know you will be driving in crappy weather, let someone know! This can be as easy as a phone call, email, facebook update, tweet, etc… if you let someone know you are hitting the road, but don’t reach your destination, they can be instrumental in alerting the police and rescue personnel to your situation and location.
8. If you live somewhere that it snows regularly. Regularly get new snow tires. They’ll bolster your winter driving confidence as well as your car’s ability to handle the snow.
I’ve never been in a situation where I was on the side of the road and was looking at staying the night snowbound in my car, but the general rule is do not get out and walk! (unless you know precisely where you are going). I’ve also never been ran over by a DOT plow, but that’s one of the likely scenarios of what will happen if you try to start walking for help on a snow covered highway at night. Also, say you leave your car and start walking. It’s still snowing, so your tracks get covered up almost instantaneously. How would rescuers know which way you started walking? They wouldn’t; that’s why you stay in the car. If you have any other ideas besides staying home and stocking up on liquor, please add them.
Don’t be this guy.
Residential Contractors: Plow Now!
I do a bit of lurking on several contractor forums and it’s very obvious that there are a LOT of talented workers out there with nothing to work on right now. It’s my assumption that a lot of them own pickup trucks with 4WD. It may be too late in the season, or it may not be possible to secure insurance coverage for residential plowing, but there are going to be a lot more people in the Mid-Atlantic tomorrow and Thursday that would gladly throw money at anyone that has a plow, snowblower, or a fast shovel. Since the Mid-Atlantic is not as well prepared for significant amounts of snowfall as other parts of the country(lack of plows, lack of shovels, lack of sled, lack of snowfort building experience) there seems to be a large differential between driveways and people available to rid them of the several feet of snow that is currently covering them in addition to the 10-20″ that is expected in the next 36 hours. I guess you can look at it two ways.
1. I’m an experienced contractor and it would be below me to use my strength and laboring skills to shovel and plow snow.
or
2. I don’t have much work lined up, and some manual labor and plowing could be a very easy way to make some money fast.
Considering the amount of money that people are willing to pay to not shovel, you could easily clear several hundred dollars a day and with the legendary snowfall, the market is ripe for the picking. This situation should be on wikipedia under the title of “low hanging fruit”.
If you do decide to step out of your comfort zone and make some quick money, please read these safety tips first:
Middletown Kleen Energy Power Plant Explosion
Earlier today, a natural gas line ruptured and caused a massive explosion at the soon to be completed, Kleen Energy facility in Middletown Connecticut. There are still lots of contractors unaccounted for in the rubble. Please send some thoughts and prayers to them and their families, as well as the brave men and women that are participating in the search and rescue operations that are still ongoing.
Kleen Energy Plant
Utah Skiing and Construction Photos
Just got back from a few days skiing in Utah. Here’s a few pictures of some new construction(crane pictures are of a hotel being built at Deer Valley, and dream homes that I saw at The Canyons. The last picture is of the author at Snowbasin. In addition to the helmet, I’m also wearing an avalanche beacon. Just because it’s fun, doesn’t mean it’s 100% safe. Avalanche danger was low-moderate, and because of the stability of the snowpack and the mellow angle of the slope(less than 35 degrees), we were able to ski that area with confidence. And the ski patrol had bombed the hell out of it that morning. 
Even on vacation, I can’t escape risk management.
Construction Safety Videos
Assuming you implement some sort of safety measures on your job site daily, why don’t you post some videos on your website, twitter, facebook fan page, and blog? I uploaded my first video to youtube last week directly from my point and shoot handheld. It takes less than 10 minutes to do, and it will allow prospects, clients, and most importantly, Insurance Underwriters to see just how serious your construction company is about safety. If you want to save $$ on your next renewal, instead of changing your auto deductible from $500 to $1000, post some videos that showcase your firm’s commitment to being safe. The positive results you’ll get will make you scratch your head and wonder why you waited so long. If you don’t have a website, I will be more than happy to dedicate a page of this site to user submitted safety videos and toolbox talks. Here are some ideas of what to do. If you decide to start posting videos, don’t get bogged down with the head trash that another contractor has made a video with a similar topic. As long as someone in your marketplace hasn’t already made the same one, there is still plenty of room on the internet for you to add your own touch and philosophy on safety.
Couple things to keep in mind. If you are a construction firm, don’t make “funny” safety videos like the one below. OSHA can, and will fine you for videos and pictures of YOUR workers and job sites. But don’t let that dissuade you. If you are following the correct protocols and working safely, they will commend you on showing other not so smart contractors, the correct way to approach a safety issue.
Why Contractors Should Have a Facebook Fanpage
If you don’t know what the title means, head to this LINK and follow the directions on how to create a fanpage, then come back here for some ideas on what to put on it once it’s up.
These are some idea I got from other contractors on Contractor Talk
BrainHay:
No, I don’t think anyone goes there with intention to look for a Contractor. When I started my page I was thinking much the same way as HomeSealed touched on.
A lot of the people on my friends list are into Earthmoving, Excavating and Construction as well. So are their friends and friends of friends. As Facebook grows in popularity more and more of our customers will be in there as well (many probably already are). Makes it real easy for them to tell their friends about us. They can also comment on the page and write reviews about our business.
So my hope with it is that some of them will like the Spyder Hoe pics or want to follow the progress of our business and become a fan of the page. When they become a fan of the page then a link shows to it in their profile and exposes me to all their friends.
Also people searching for others with common interests and groups to join will find the page adding even more exposure.
Homesealed:
I think the purpose is more for networking then advertisement. Many times a friend of a friend will notice your line of work and become a customer… At least that is my experience.
Smadax:
We’ve had a Facebook Page for a while, it’s a good way to network amungst your friends and family; but it’s also a great opportunity for paid advertising.
Advantages…
1) Direct marketing; States/Provinces, City, Age, Gender, Educ levels, etc…
2) Pay per click
3) Daily spend limit
4) FREE WEBPAGE
5) Easy to use and update
6) Directly bills to your credit card
7) Can have scheduled start and end dates.
Ads can be paused and/or deleted at any time.
Smadax:
Advertisement directly marketed to my city, approx 70,000 population.
Examples of market information, based on one day…
4,508 times my ad was displayed on facebook.
26 hits on my business page
4 unique visitors
2 linked through paid thumbnail advertisement cost me 60 cents
1 time picture file was viewedGeneral Statistics…
58% Female viewers 42% Male viewers
5% of viewers are 18-24 yrs old
47% of viewers are 25-34 yrs old
42% of viewers are 35-44 yrs old
5% 45+ yrs old
Pay per click is great because a person has seen your basic thumbnail advertisement (free exposure) and expressed interest by linking to your facebook page I spent 60 cents on this one day and I have my budget set at $2.00/day… with the market being slow, in January I was billed $14.67 and I did get one new client… this advertisment definitely paid for itself!You can set your pay-per-click rate to whatever you’d like, minimum 19 cents. The reason you have a choice is because the higher you are willing to pay, the more facebook will expose your advertisement on facebook.
I even use my business page to keep in contract with my crew, when I add a new event, they are sent invitations and if I change anything on that event the crew is sent updates via facebook (email notification)
Devon Z:
Having a Facebook page adds one more place for potential customers to find you or your website. You can post photos of work you have completed, press releases, and articles. Also have current customers become fans and write testimonials about how great your work is on your wall. If you have a link from your website to your Facebook page, then people who are checking out your website have one more place to find out more about you. Plus it is free – just takes the time to set up the page and update with information. Having a Facebook page just strengthens your web presence and gives you another way to communicate.
Techie:
While I think having a Facebook page doesn’t hurt, I don’t see it paying off too much right NOW to be putting in a lot of everyday effort into it. Rather I would set up your facebook page to pull in any blog posts you make or twitter posts. I’d rather spend time on a blog if you have something to say and twitter if you’d like to network with others. I think a personal Facebook profile account as the owner of your business would be more effective if you insist on using facebook. Take an active role in being the spokesperson for your business, even if you’re a 1 man show. There’s definitely a lot of people on facebook but using your personal (make sure you keep it professional) profile would be a better tool on there than a page. Join in on relevant groups and join in on discussions. Search keywords that are relevant to your business and network with those people, and converse with them. I think that’s the way to go about it at the moment.
KCRemodeler:
Seems to be lots of different opinions about Facebook, so I will throw in my two cents for thought.
I would never used the paid advertising part of Facebook for the services we offer!
However, if you don’t have a “page” for your business on Facebook, you are missing out big time.
First of all, it give Google one more page about your company to index. I have some clients that if you search for their business name, their FB page shows up in the results.
Here is how to maximize your use of Facebook….
1. Ask every client to become a fan of your page on Facebook.
2. Post before and after pictures of every project.
3. If the client is a fan of your page, be sure and “tag” them in the picture. When you do this, the pictures show up on their “wall” which then gives you access to all of their network. Their friends will see your page when they look at the pictures. Nothing bettern than an inferred referral!No more time than it takes to maintain a FB page, I think you are crazy if you don’t have one.
I have a friend that is a photography – kids, families, etc. He generates so much business from FB it is crazy! No reason the same can’t happen in our business.
These are cut/pasted testimonials from other contractors that are having success testing out new marketing ideas and leveraging free web based resources to get more eyes/potential customers on their construction firm. Setting up one of these pages takes about 10 minutes for someone that knows their way around facebook. Feel free to post the links to your pages in the comments to show other contractors some tips and ideas that they could use to better their fanpages, as well as to grow your own fanbases.
