HARDING, SHYMANSKI & COMPANY Certified Public Accountants and Consultants 
  
  www.hsccpa.com                                                                          January/ February 2011
IN THIS ISSUE
NLRB Proposed Rulemaking on Notices in the Workplace
Anonymous Means for Employees to Report Fraud
Common Errors that Kill a Soft Cost Claim
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Because Harding, Shymanski & Company, P.S.C. is committed to providing quality service to our construction and real estate clients, we have selected a team of dedicated professionals to serve as your industry's consultants. These individuals understand the language and key issues unique to your industry and possess the drive and determination to help you manage your company on a proactive basis.

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NLRB Proposed Rulemaking on Notices in the Workplace

 

The National Labor Relations Board (NLRB) Dec. 22 issued a Notice of Proposed Rulemaking (NPRM), which would require employers subject to the National Labor Relations Act (NLRA) to post a notice in the workplace informing employees of their rights under the NLRA.

 

Under the NPRM, employers would face various sanctions for failing to post the notice, including: 

  1. Being charged with unfair labor practices;
  2. Having the time limits for filing other unfair labor practice charges against the employer extended; and
  3. Having the NLRB consider the failure to post the notice as evidence of unlawful motive in other unfair labor practice cases. 

President Obama issued an Executive Order in February 2009 that required government contractors to display such a poster. DOL released the text of that poster in May of 2010. The NLRB will use similar language as in the DOL poster. Board Member Brian Hayes (R) filed a dissent to the rulemaking, asserting "the Board lacks the statutory authority to promulgate or enforce," the NPRM.

 

If would like more information or have any questions please call Randy Schulz, CPA, at (800) 880-7800 or email rschulz@hsccpa.com.

Anonymous Means for Employees to Report Fraud

 

The 2010 Association of Certified Fraud Examiners (ACFE) Report to the Nations on Occupational Fraud and Abuse determined that 34% of frauds were detected by employee tip, far and above the most effective means, and if a company had an anonymous hotline, that jumped to 47%.  Often companies are unwilling to manage a fraud reporting hotline internally, and with good reason, as it can be costly and controversial.  There are a number of vendors who can provide this service at a reasonable price compared to the median cost of one fraud which the ACFE reports as $160,000.  In addition, hotlines have been found to be an effective deterrent to fraud once implemented. Harding, Shymanski & Company, P.S.C. offers such a service, and even if Management does not elect to use ours, we recommend that they look into the cost of providing their employees a method to anonymously report fraud compared to the benefit received from early detection and prevention.

 

To learn more about HSC's Faud Hotline, please call Priscilla Capes, CPA, CFE, AAP, at (502) 584-4142 or email pcapes@hsccpa.com.

Common Errors that Kill a Soft Cost Claim

 

When the unthinkable happens on a long-term construction project, insurance covers the repair of the building, but the contractor incurs the "soft cost" damages, such as construction loan interest, property taxes, and marketing collateral.  A contractor's insurance policy often covers the soft costs associated with the incident, but contractors should be careful not to miss out on recovering these funds because of mistakes made when submitting a construction claim. Avoid these common mistakes to minimize your risk:

 

 Failure to Record the Damage and Recovery Efforts

Document all elements of the loss in photos, video, and writing immediately after the incident.

 

 Failure to Assign the Task of Documentation

The documentation duty should be undertaken by someone who is knowledgeable, thorough, and able to follow through until the final insurance payment is made, which could take months depending on the size of the claim.

 

Failure to Provide High-Quality Graphics

For example, a graphic which should be included in a claim would be a color-coded rendering showing the extent and a cause of damage. The graphic provides a powerful visual tool that helps the adjuster, who may not be a construction expert, to analyze the damage.

 

Failure to Document All Verbal Conversations with the Adjuster

Verbal meetings between a contractor and insurance adjuster can be helpful, but immediately after they occur, the contractor should recap the meeting in an email or letter to document agreements and the next course of action.

 

Failure to Provide Sufficient Supporting Documentation

All insurance claims require supporting "source documentation."  Make sure you provide copies of the original loan agreements, copies of bank statements showing all payment transactions, etc.

 

Failure to Hire a Forensic Accountant Early in the Process

If a loss happens on the project, a forensic accountant can identify the appropriate documentation and any other actions necessary to submit a compelling claim to the insurance company on behalf of the contractor.

 

 If you have any questions please call Paul Esche, CPA, at (800) 880-7800 or email pesche@hsccpa.com.

 
Harding, Shymanski & Company, P.S.C. provides accounting, tax, and consulting services to clients from offices in Evansville, Indiana, and Louisville, Kentucky.

We are committed to quality.  Adding value to the services we provide is our most important goal. Our unwavering dedication and commitment to quality resonate throughout every aspect of our work.

Call us today!  (800) 880-7800 in Evansville and (502) 584-4142 in Louisville
 

www.hsccpa.com

 

 
Disclaimer
The information contained in this email is for general guidance on matters of interest only. The publication does not, and is not intended to provide legal, tax or accounting advice.