FICAP
In the Mix                                                                                        March 2012
In This Issue
Director's Corner
Upcoming Events
Legal Corner
Around the Industry
Credit Corner
Quick Links
 
 
 
Welcome New Member
Associate of the Month
 
Titan America
 
Thank you for your continued support of FICAP!

President

  Preston Sparkman

  Quality Precast

  813-685-5615 x 2228

  email

 

Vice President

  Steve Bishop

  Maschmeyer Concrete

  561-848-9112

  email 

 

Secretary
 
Wade Mullins
  Quality Precast Co
  813-685-5615 x 2226  

  email

 

Treasurer

  Adam Freeman

  A-1 Block

  407-422-3768

  email 

 

Past President

  Gary Clements

  Cement Products & 

  Supply Company

  863-686-5141

  email

 

Board of Directors

  Jeff Bishop
  Maschmeyer Concrete
  561-848-9112

  email 

    

  Bobbi Griswold

  Griswold Ready Mix

  904-751-3796

  email

 

  Freddie Jahna
  Jahna Concrete
  863-453-5155

  email 

 

  Mark Smith

  Bell Concrete

  352-463-6103

  email 


 
Executive Director
  Michele Stropoli
  407-333-4694
  email

 

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Greetings!
Preston

What a beautiful day it is, as I sit on the porch of the ER Jahna Ranch Camp enjoying the hospitality of this wonderful facility. In looking out across the lake at the sand dredge working, I have to think of the industry that we all represent. The concrete and block that are produced in the state of Florida represents so much more than what we tend to see. We have a product that is made totally in Florida, from materials that are mined or milled totally in the state. The downstream employment in not just the concrete truck drivers and the plant personnel, but also the trucking companies that deliver the raw materials from the cement mills and various rock and sand mines, such as the one that I am at today.

 

Our industry is one that has a loud voice and we need to exercise that voice in our state legislature. We can also promote to our customer base the benefits of Concrete and Masonry construction and the downstream effects that using this product has on the economy in the state of Florida.

 

Masonry construction is a building system that is architecturally adaptive to any style. The thermal mass of masonry makes it a superior energy efficient building material, the ability to withstand high wind loads and the resistance to termite infestations, are all reasons that we should be excited to represent this building system. But with all the good news we cannot let our guard down. The market share that we currently enjoy is being attacked on all fronts. The wood industry, ICF wall systems and more are all trying to get a larger piece of the pie. Please support all the associations in Florida that are actively promoting and monitoring all the aspects of our industry. We all have a common goal of insuring that the Concrete and Masonry Industry is here to stay.

 

As a reminder, our next meeting will be at the Eco Rock facility in Orlando an April 24. Michele will be sending out a notice soon. Please plan on attending and taking a look at this facility. 
 

Preston Sparkman

President of FICAP

Vice President of Sales

Quality Companies

Director's Corner 
Michele 2010

 

What if we put our minds together as an industry and thought outside the box like Farmer John...

  

Farmer John lived on a quiet rural highway; but, as time went by, the traffic slowly built up at an alarming rate. The traffic was so heavy and so fast that his chickens were being run over at a rate of three to six a day. So one day Farmer John called the sheriff's office and said, "You've got to do something about all of these people driving so fast and killing all of my chickens." "What do you want me to do?" asked the sheriff. "I don't care; just do something about those crazy drivers!" So the next day he had the county workers go out and erected a sign that said: SLOW:SCHOOL CROSSING.

Three days later Farmer John called the sheriff and said, "You've got to do something about these drivers. The 'school crossing' sign seems to make them go even faster." So, again, the sheriff sends out the county workers and they put up a new sign: SLOW:CHILDREN AT PLAY

That really sped them up. So Farmer John called and called and called every day for three weeks. Finally, he asked the sheriff, "Your signs aredoing no good. Can I put up my own sign?" The sheriff told him, "Sure thing, put up your own sign." He was going to let the Farmer John do just about anything in order to get him to stop calling every day to complain. The sheriff got no more calls from Farmer John. Three weeks later, curiosity got the best of the sheriff and he decided to give Farmer John a call. "How's the problem with those drivers. Did you put up your sign?" "Oh, I sure did. And not one chicken has been killed since then. I've got to go. I'm very busy." He hung up the phone. The sheriff was really curious now and he thought to himself, "I'd better go out there and take a look at that sign. It might be something that WE could use to slow down drivers..."

So the sheriff drove out to Farmer John's house, and his jaw dropped the moment he saw the sign. It was spray-painted on a sheet of wood: NUDIST COLONY Go slow and watch out for chicks!!

 

Happy Reading this month!

 

Michele Stropoli

Executive Director

Upcoming Events

Handshake

 

Concrete Industry Forum - March 27th

Dr. John Tuccillo, Chief Economist, Florida Board of Realtors

   + Florida Concrete Coalition

      Read More

 

FICAP Roving Meeting - April 24, 2012 - Eco Rock

Orlando Plant - 4 to 6 pm 

   + Reclaimed Concrete Presentation

     Read More

 

Annual FICAP Clay Shoot - Saturday April 28, 2012

Fishhawk Sporting Clays Corp.

Industry Wide Event

      Read More


Legal CornerLegal Balance

 

Q: I have performed work on a building project and I have 45 days from the date I started to serve a statutory Notice to Owner in order to preserve my lien rights, correct?

 

A: It could be less depending on the circumstances.  While its true that Section 713.06 requires that the notice be served "not later than 45 days after commencing" the time frame may be shortened by several factors.  First, if the final payment is disbursed by the owner prior to service of the notice then you may be out of luck.  In fact, even a progress payment that covers the draw period that corresponds to your work may work as a deadline for your notice.  Section 713.06(3)(c)(1)  states that the "owner shall be under no obligation to any lienor, except laborers, from whom he or she has not received a notice to owner at the time of making a [progress] payment." 

 

Best Practices: There are plenty of good business reasons to think long and hard about noticing the owner and no one wants to run afoul of valuable relationships with owners and trade partners.  However, preserving lien rights can be essential to surviving in this industry and that may counterbalance any sensitivities to invoking the full protections of the law.  Because it is difficult to know when a progress payment or final payment may come due you should consider noticing the owner immediately upon commencing work or at the earliest available opportunity.

 

 

Rocco Cafaro 

Board Certified Construction Attorney
 

 

If you have a question, please submit it to the FICAP office and we will

try to get you an answer and publish it in the next newsletter.

 

Around the Industry

  

 

Around the Industry 

  

  

   

Free Internet Seminar

On Thursday, April 5th, the RMC Research & Education Foundation will hold a free information webinar detailing our work and available resources. Register Here    

 

2012 Sustainability Conference    

NRMCA's 7th annual International Concrete Sustainability Conference,  to be held May 7-10 at the Renaissance Seattle Hotel,  will provide attendees with the latest developments in sustainability standards. Read More      

 

 15-Minute Masonry Structure Design   

Looking to save time and money? Using the IBC-referenced standard Direct Design Handbook for Masonry Structures (TMS 403), a new software package has been created that allows users to generate final structural designs for whole concrete masonry buildings in a matter of minutes, not days or weeks. Read More 

 
    
 
Florida Trends Quote of the Day: "People say, 'You're in the sand business in Florida?'" Click on the pic to find out who said that.

 

 

MAF Ma
sonry Fact Sheets  
T
his month's document discusses the energy efficiency of masonry construction as well as discussing other important advantages of masonry construction. 
 

  

Energy Comparison - Masonry vs. Wood Frame




 

 

 

 

Credit Corner 

 

"What's in a name? That which we call a rose  

By any other name would smell as sweet." 

 

Yeah, but it might not get you your money. 

 

The attached article is very interesting on two fronts: First, it is of local interest to us here in Polk County and should be to all who do business directly with government entities. Secondly, it shows the importance of using the proper name in legal documents.

 

When filing your Notices to Owner and Liens, it is imperative that you use the exact legal name of all involved, especially that of your customer. 

 

If you are using information off of the Notice of Commencement, and I recommend that you do, then you have some protection from errors.  Because if the Notice of Commencement was filed incorrectly and you rely on that information to file your Notice to Owner then you are protected from having your Notice disqualified based on false information.  If you use the information exactly as it appears on the Notice of Commencement, even if it is exactly incorrect, you are protected. 

 

In addition, as obvious as it may sound, be certain of the correct street name, lot number, county, etc. in filing your Notices and Liens.  Many a well-timed Notice and Lien has been disallowed due to simple typographical errors. 

 

The process is not difficult but it does require accuracy.  And remember the higher the stakes the more scrutiny your documents will be subjected to by those holding your money. Read More  

 

- Submitted by Gary Clements of Cement Products & Supply, Inc.

     ___________________________________________________________

 

 

 

Credit Tip of the Month

 

Most of us ask for account numbers as well as fax numbers for the Trade Reference requests on our credit applications. It is a good idea to ask for e-mail addresses, too. It just might increase the number of references you get back.

- From NACM's LinkedIn Discussion Group
 

  

Housing & Economics

 

Job Growth Remains Solid, Labor Costs Raise Inflation

U.S. job growth remained solid for the third straight month in February, as U.S. employers added a larger-than-expected 227,000 jobs. Read More  

  

Home Builders Announce Housing Finance System Reform Plan

On March 2, 2012, the National Association of Home Builders (NAHB) announced a new comprehensive framework for housing finance system reform that would transition Fannie Mae and Freddie Mac to a new... Read More    

 

Ninety-Nine Housing Markets Improving  

The tally of housing markets showing measurable improvement reached 99 in March, according to the National Association of Home Builders/First American... Read More  

 

 

Housing Market Statistics

 


 

Fixing America: A CEO's Master Plan

The tax code is archaic. The infrastructure is crumbling. We're doing our best to stifle innovation. What to do? Here's how I'd get the U.S. back on its feet. Read More 

 

Florida's Pending Sales, Median Prices Climb in February
Pending sales and median prices climbed in February, as Florida's inventory of listings dropped, according to the latest housing data released by Florida Realtors. Read More

  

In Florida, It's Beginning to Look A Lot Like Recovery 

Recently, I asked readers, "What is recovery?" By definition, it seemed to me that some sort of Southeast construction "recovery" could be under way -- at least in spots -- despite industry observations to the contrary. Read More

 

Market for Luxury Homes Rebounding

The market for million-dollar-plus homes and condominiums is returning after being largely dormant in Southwest Florida for nearly five years. Real estate agents say the market's upper-end segment has nearly rebounded, based on sales and pending sales. Many compare the current streak of sales... Read More 
      

Go Green 

White Trumps Black in Urban Cool Contest

One hundred seventy degrees Fahrenheit is the approximate temperature to which chicken should be cooked. It's also the temperature that was recorded on some asphalt roofs in New York City last July... Read More

 

Concrete It Makes Cents 
 

Health Risk From Toxic Pavement Sealant

When you think of pollution, you might picture an industrial center like Camden, N.J., or Jersey City. But new research shows that when it comes to a potent class of cancer-causing toxic chemicals, many American parking lots are a lot worse. Read More

 
Government Regulations 
 

Study implies misconceptions federal water quality rules

A National Research Council study says a federal agency underestimated the costs of proposed federal water quality rules in Florida. But the report, released Tuesday, implies the Florida Department of Environmental Protection added to public misconceptions and controversy... Read More

EPA's Bad Math

It's a good thing the Environmental Protection Agency announced Monday that it would postpone imposing controversial water pollution standards on Florida to give the state more time to create its own regulations. Read More

 

House GOP Supports Temporary Small-Business Tax Break
After deriding the payroll tax cut as a short-term "sugar high" for the economy, House Republicans are rallying around a new temporary tax cut for small businesses. Read More

 

Over-regulation Dragging Down Capital Markets, Small BusinessIf the name of the bill didn't give it away, the Jumpstart Our Business Startups (JOBS) Act is meant to spur job creation. Instead of taking President Obama's approach of borrow and spend, this bill... Read More

 

 

DC Letter: Curbing Transit Employee Distracted Driving