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Volume 28, Number 17 May 13, 2016 Construction Weekly GETTING PAID! Statutory Requirements Regarding Notice Requirements For Preliminary (20-Day) Notices Must Be Strictly Followed By: Milene C. Apanian Abdulaziz, Grossbart & Rudman Those involved in the construction industry know that serving a preliminary (20-Day) notice on the property owner is an absolute and necessary prerequisite to validating and pursuing California collection remedies such as Stop Payment Notices, Mechanic’s Liens and Payment Bond Claims. Nevertheless, the eagerness to build (rather than paper the file) sometimes causes contractors, subcontractors and material suppliers to forget to follow the exact and precise statutory requirements related to the preliminary notices and the other construction related forms, leading to unnecessary and preventable litigation and sometimes appeals. The recent Court of Appeal decision, Hub Construction Specialties, Inc. v. Esperanza Charities, Inc. (filed February 8, 2016, Second District, Div. Eight) 2016 DJDAR 1395 is an example of a material supplier not strictly complying with the preliminary notice requirements. Hub Construction, a material supplier, had supplied rebar and other materials to the general contractor on a construction project owned by defendant Esperanza Charities, Inc. Upon failing to collect the outstanding balance of $81,857.55 from the insolvent general contractor, Hub Construction recorded a mechanic’s lien and proceeded to seek judgment to foreclose on the owner’s property. The owner claimed the mechanic’s lien was invalid because Hub Construction’s preliminary notice was not properly served, and sought an order expunging the lien. The trial court, after hearing Hub Construction’s summary judgment motion, agreed with the owner, denied the motion for summary judgment and ordered the owner’s property released from the mechanic’s lien. Hub Construction paid for the postage and served by Certified Mail its Preliminary Notice, but did not request, nor did it pay the fee of less than $3.00 to purchase a “return receipt” for the Preliminary Notice served on the owner. The U.S. Postal Service website tracked the Certified Mail as delivered. But since Hub Construction did not purchase the “return receipt,” it lacked the signed return receipt and could not show “record of delivery” to prove service of the notice as required by the existing statute (former Civil Code §3097.) The Court of Appeal stated that the issue on appeal was “whether a mechanic’s lien is invalid because the plaintiff lienholder did not strictly comply with the then-effective statutory requirement governing proof that the preliminary written notice was served on the defendant property owner by certified mail.” In reaching its holding, the Court reviewed prior authority and compared the cases requiring strict compliance with notice requirements and others allowing substantial compliance in some circumstances. The Court followed the well-established principles related to mechanic’s lien laws and citing to Connolly Development, Inc., v. The Superior Court Of Merced County 17 Cal. 3d 803, at 826-827 (1976) reiterated that “the mechanics' lien laws [are] remedial legislation, to be liberally construed for the protection of laborers and materialmen.” The Court also mentioned that while the statutes protect claimants, at the same time, the Legislature “imposed the notice requirements for the concurrently valid purpose of alerting owners and lenders to the fact that the property or funds involved might be subject to claims arising from contracts to which they were not parties and would otherwise have no knowledge…The rule requiring their liberal construction may not be applied to frustrate the Legislature's manifested intent to exact strict compliance with the preliminary notice requirement.” Romak Iron Works v. Prudential Ins. Co., 104 Cal. App. 3d 767, 778 (1980). The Court, however, focused on Harold L. James, Inc. v. Five Points Ranch, Inc., 158 Cal. App. 3d 1, at p.6 (1984) which reconciles cases requiring strict compliance and those calling for liberal construction of lien statutes: “The general principles of liberal construction … are still good law, subject to this refinement, …where the Legislature has provided a detailed and specific mandate as to the manner or form of serving notice upon an affected party that its property interests are at stake, any deviation from the statutory mandate will be viewed with extreme disfavor.” The Court also quoted the Harold language stating “the transmittal methods and notice requirements must be strictly construed. However, the issue of minor errors in the body of the notice must be independently addressed on a case-by-case basis, if and when such a case is presented.” (bold added) In looking at the facts, the Court gave great weight to the owner’s admission and stipulation that it actually received the notice; that Hub Construction had actually mailed the preliminary notice by Certified Mail to the owner, and that Hub Construction furnished sufficient postage to the US Postal Service for the Certified Mail items and had a stamped record of it. Because of the stipulation, the Court found that it did not require strict compliance with the statute and reversed the trial court’s ruling expunging the lien. The Court of Appeal ruled that Hub was entitled to enforce its mechanic’s lien despite not fully complying with the statutory notice requirements because “[t]o hold otherwise would defy reason and serve no conceivable purpose.” The Court refused to uphold the trial court’s ruling that placed form over function. The Court, however, stated that the ruling was very narrow and applied to the former statute and the case would not be before the appellate court under the new Civil Code §8118 which allows expanded methods of giving notice and methods of proving that notice was given. Moreover, without the owner’s admission and stipulation, the mechanic’s lien would be held invalid because of the procedural defects in the preliminary notice. Conclusion: Some analysts have suggested that Hub Construction stands for the proposition that strict compliance with statutory provisions governing proof of service of a preliminary notice is not required. To the contrary, the Hub Construction ruling should be a constant reminder to all in the construction industry that the statutory requirements related to Preliminary Notices, Stop Notices, Mechanic’s Liens and Bond Claims should be followed exactly and precisely. Since the California Legislature has provided detailed requirements regarding the manner and form of serving notices, they must be followed. The time, effort and the cost associated with using updated and correct forms, and giving proper and timely notice will make collection activities more efficient and economical, and more importantly will help avoid needless and costly litigation and lengthy appeals. The lawsuit and the appeal could have been avoided by Hub Construction, if it had purchased (at about $3.00) and maintained the “return receipt” for the owner’s preliminary notice. If you need help understanding the statutory requirements impacting construction projects or complying with the statutory forms, reach out to professionals who can help. The investment will pay off in the long run. Milene Apanian assists contractors, subcontractors, material suppliers, and owners prevent and resolve disputes on public and private projects. Prior to practicing law, she worked for architects and contractors, gaining valuable knowledge and experience in construction. Abdulaziz, Grossbart & Rudman provides this information as a service to its friends & clients and it does not establish an attorney-client relationship with the reader. This document is of a general nature and is not a substitute for legal advice. Since laws change frequently, contact an attorney before using this information. Milene Apanian can be reached at Abdulaziz, Grossbart & Rudman, (818) 760-2000 or by E-Mail at [email protected] or at www.agrlaw.com. Apr. / May 2016
Transcript
Page 1: Construction weekly may 13, 2016

Volume 28, Number 17 • May 13, 2016

Construction WeeklyGETTING PAID!

Statutory Requirements Regarding Notice Requirements ForPreliminary (20-Day) Notices Must Be Strictly Followed

By: Milene C. ApanianAbdulaziz, Grossbart & Rudman

Those involved in the construction industry know that serving a preliminary (20-Day) notice on the property owner is an absolute and necessaryprerequisite to validating and pursuing California collection remedies such as Stop Payment Notices, Mechanic’s Liens and Payment Bond Claims.Nevertheless, the eagerness to build (rather than paper the file) sometimes causes contractors, subcontractors and material suppliers to forget to followthe exact and precise statutory requirements related to the preliminary notices and the other construction related forms, leading to unnecessary andpreventable litigation and sometimes appeals.

The recent Court of Appeal decision, Hub Construction Specialties, Inc. v. Esperanza Charities, Inc. (filed February 8, 2016, Second District, Div.Eight) 2016 DJDAR 1395 is an example of a material supplier not strictly complying with the preliminary notice requirements.

Hub Construction, a material supplier, had supplied rebar and other materials to the general contractor on a construction project owned by defendantEsperanza Charities, Inc. Upon failing to collect the outstanding balance of $81,857.55 from the insolvent general contractor, Hub Construction recordeda mechanic’s lien and proceeded to seek judgment to foreclose on the owner’s property. The owner claimed the mechanic’s lien was invalid becauseHub Construction’s preliminary notice was not properly served, and sought an order expunging the lien. The trial court, after hearing Hub Construction’ssummary judgment motion, agreed with the owner, denied the motion for summary judgment and ordered the owner’s property released from themechanic’s lien.

Hub Construction paid for the postage and served by Certified Mail its Preliminary Notice, but did not request, nor did it pay the fee of less than$3.00 to purchase a “return receipt” for the Preliminary Notice served on the owner. The U.S. Postal Service website tracked the Certified Mail asdelivered. But since Hub Construction did not purchase the “return receipt,” it lacked the signed return receipt and could not show “record of delivery” toprove service of the notice as required by the existing statute (former Civil Code §3097.)

The Court of Appeal stated that the issue on appeal was “whether a mechanic’s lien is invalid because the plaintiff lienholder did not strictly complywith the then-effective statutory requirement governing proof that the preliminary written notice was served on the defendant property owner by certifiedmail.”

In reaching its holding, the Court reviewed prior authority and compared the cases requiring strict compliance with notice requirements and othersallowing substantial compliance in some circumstances. The Court followed the well-established principles related to mechanic’s lien laws and citing toConnolly Development, Inc., v. The Superior Court Of Merced County 17 Cal. 3d 803, at 826-827 (1976) reiterated that “the mechanics' lien laws [are]remedial legislation, to be liberally construed for the protection of laborers and materialmen.” The Court also mentioned that while the statutes protectclaimants, at the same time, the Legislature “imposed the notice requirements for the concurrently valid purpose of alerting owners and lenders to the factthat the property or funds involved might be subject to claims arising from contracts to which they were not parties and would otherwise have noknowledge…The rule requiring their liberal construction may not be applied to frustrate the Legislature's manifested intent to exact strict compliancewith the preliminary notice requirement.” Romak Iron Works v. Prudential Ins. Co., 104 Cal. App. 3d 767, 778 (1980).

The Court, however, focused on Harold L. James, Inc. v. Five Points Ranch, Inc., 158 Cal. App. 3d 1, at p.6 (1984) which reconciles cases requiringstrict compliance and those calling for liberal construction of lien statutes: “The general principles of liberal construction … are still good law, subject tothis refinement, …where the Legislature has provided a detailed and specific mandate as to the manner or form of serving notice upon an affected partythat its property interests are at stake, any deviation from the statutory mandate will be viewed with extreme disfavor.” The Court also quoted the Haroldlanguage stating “the transmittal methods and notice requirements must be strictly construed. However, the issue of minor errors in the body of thenotice must be independently addressed on a case-by-case basis, if and when such a case is presented.” (bold added)

In looking at the facts, the Court gave great weight to the owner’s admission and stipulation that it actually received the notice; that HubConstruction had actually mailed the preliminary notice by Certified Mail to the owner, and that Hub Construction furnished sufficient postage to the USPostal Service for the Certified Mail items and had a stamped record of it. Because of the stipulation, the Court found that it did not require strictcompliance with the statute and reversed the trial court’s ruling expunging the lien.

The Court of Appeal ruled that Hub was entitled to enforce its mechanic’s lien despite not fully complying with the statutory notice requirementsbecause “[t]o hold otherwise would defy reason and serve no conceivable purpose.” The Court refused to uphold the trial court’s ruling that placed formover function. The Court, however, stated that the ruling was very narrow and applied to the former statute and the case would not be before the appellatecourt under the new Civil Code §8118 which allows expanded methods of giving notice and methods of proving that notice was given. Moreover,without the owner’s admission and stipulation, the mechanic’s lien would be held invalid because of the procedural defects in the preliminary notice.

Conclusion: Some analysts have suggested that Hub Construction stands for the proposition that strict compliance with statutory provisionsgoverning proof of service of a preliminary notice is not required. To the contrary, the Hub Construction ruling should be a constant reminder to all in theconstruction industry that the statutory requirements related to Preliminary Notices, Stop Notices, Mechanic’s Liens and Bond Claims should be followedexactly and precisely. Since the California Legislature has provided detailed requirements regarding the manner and form of serving notices, they mustbe followed. The time, effort and the cost associated with using updated and correct forms, and giving proper and timely notice will make collectionactivities more efficient and economical, and more importantly will help avoid needless and costly litigation and lengthy appeals. The lawsuit and theappeal could have been avoided by Hub Construction, if it had purchased (at about $3.00) and maintained the “return receipt” for the owner’s preliminarynotice.

If you need help understanding the statutory requirements impacting construction projects or complying with the statutory forms, reach out toprofessionals who can help. The investment will pay off in the long run.

Milene Apanian assists contractors, subcontractors, material suppliers, and owners prevent and resolvedisputes on public and private projects. Prior to practicing law, she worked for architects and contractors,gaining valuable knowledge and experience in construction. Abdulaziz, Grossbart & Rudman provides this

information as a service to its friends & clients and it does not establish an attorney-client relationship with thereader. This document is of a general nature and is not a substitute for legal advice. Since laws change

frequently, contact an attorney before using this information. Milene Apanian can be reached at Abdulaziz,Grossbart & Rudman, (818) 760-2000 or by E-Mail at [email protected] or at www.agrlaw.com.

Apr. / May 2016

Page 2: Construction weekly may 13, 2016

2 • Construction Weekly

Membership

Friday • July 22, 20164:00 p.m. - 7:00 p.m.

Free to attendWaterloo Gun & Bocci Club

Live Band • Water Bounce House & Raffle for the Kids

Owners, Employees & Families are welcome to attend!

Join us for an evening fun! Please RSVP to the Exchange at 209.478.1000

T h e B u i l d e r s ’ E x c h a n g e o f S t o c k t o n

Page 3: Construction weekly may 13, 2016

construction weeklyThe official publication of the

Builders’ Exchange of Stockton

7500 West Lane • Stockton, CA 95210Phone (209) 478-1000

Fax (209) 478-6507Plan Room (209) 478-1005

www.besonline.com

OFFICE HOURSMonday - Thursday 8-5

Friday 8-4

DIRECTORSTONY ARCEO, Grayson EngineeringDUSTIN SACCONE, Comfort Air, Inc.

RYAN HAGGERTY, Haggerty ConstructionJASON HJELMSTAD, Holt of California

J.J. JONES, United Rentals A&A Tool RentalsSCOTT LOVOTTI, Lovotti Air

TOM MAYO, Tom Mayo ConstructionTOM PATTI, Delta Cranes

AL TOCCOLI, Al Toccoli ConstructionNICK WOODY, Bockmon and Woody Electric Co.

OFFICERSAL TOCCOLI, President

JASON HJELMSTAD, Vice PresidentTONY ARCEO, Treasurer

TOM MAYO, Member at LargeNICK WOODY, Past President

STAFFMICHAEL SELF, Executive Director

[email protected] PUIG-HINK, Director of Events • Editor

[email protected] LARA, Bookkeeper

[email protected] ROBINSON, Administrative Assistant

[email protected]

• Membership BBQ Flyer Page 2

• BES Tenant Office Rental Flyer Page 4

• Contractor Connection Page 5

• Classified Page 6

• Weekly Economic Update Page 7

• Family Day at Six Flags Vallejo Page 8

• Projects Out to Bid Page 12

• 401K Discount Flyer Page 13

• Legal Notices Pages 16-17

• Tail Gate Topic Page 18

• Safety Calendar Page 19

Contents

Construction Weekly • 3

Page 4: Construction weekly may 13, 2016

4 • Construction Weekly

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Page 5: Construction weekly may 13, 2016

Construction Weekly • 5

Contractor Connection

2120 28th Street • Sacramento, California 95818 • 916-451-1114 direct • 916-451-1118 fax • [email protected]

Remember, CLC is ready to an-swer ALL of your licensing ques-tions and/or to assist you with

ALL of your licensing, incorpora-tion and other business needs.

‘Building Fences’ at the Expense of the Consumer and Potential Contractors

The Contractors State License Board (CSLB) held their quarterly Enforcement and Licensing Committee meet-ings earlier this week at their headquarters. We will be discussing several topics that were on the agenda over the next few weeks, but there was one in particular that deserves the attention of the industry first and foremost.

Last November the CSLB staff submitted their ‘wish list’ of possible legislation for 2016 to their Legislative Commit-tee in hopes that the committee would approve the staffs’ recommendations and ultimately be approved by the full license board for introduction this past January. The most controversial was a proposal to address the worst problems that exist in the industry – the underground economy. Huge numbers of unlicensed contractors cur-rently work illegally knowing that they can never qualify to become a ‘full-fledged’ B General Contractor because they don’t have the structural experience that is required. Indeed, many have attempted to become licensed and have been disqualified due to this problem.

Recognizing that licensing this large group would be huge towards ‘leveling the playing field’ for legitimate contrac-tors, staff proposed creating a new C-1 Classification - Non-Structural Remodel/Repair Contractor: 832.01 which would be defined as: “A non-structural remodeling and repair contractor remodels and repairs existing structures of three (3) stories or less, built for support, shelter and enclosure of persons, animals, chattels or movable prop-erty of any kind; provided that no load bearing portion of the existing structure is altered, added or moved; this includes footings, foundations, and weight bearing mem-bers. This classification excludes C-16 Fire Protection and C-57 Well Drilling alterations and repairs.

Unfortunately, ‘fence building’ immediately ensued with

the contractor members of the Legislative Committee garnering a majority of support to order the staff to go back and “re-work” the proposal. The following week the stakeholders (advocates for the construction industry) met with the staff to discuss the concept and also reject-ed the idea (this was not a majority, but enough to hold sway). Thinking that a ‘third time might be a charm’, staff presented the ‘tweaked’ idea at the CSLB’s December board meeting, but were once again denied by the con-tractor and labor members who make up a majority, and the proposal was tabled to instead be discussed during their March strategic planning meeting.

The majority view from all 3 of the aforementioned meet-ings, as well as during the Board’s annual strategic plan-ning meeting was, “how can these people perform work that involves health and safety without a license for these various classifications?” Instead, the question/concern raised should have been, “well these people are already out there ‘eating the lunch of the legitimate contractors’ and they are not licensed nor insured, what can we do to license them and protect the public?”

Much more on this issue next week, including a discus-sion by the staff during the committee meeting earlier this week that suggested, “well, maybe the solution is to raise the $500 handyman limit.” This ‘solution’ would literally ‘sweep’ these people under the rug!” Now, that will ‘really’ solve the problem! Stay tuned.

Page 6: Construction weekly may 13, 2016

Project ManagerProactive, competitive construction professional Project Manager / Construction Estimator experienced in all levels of residential, com-mercial, light commercial and industrial projects including heating, ven-tilation & air conditioning, sheet metal, electrical, plumbing, foundation, carpentry, landscaping, solar, civil, architectural and structural design per all related code requirements. Contact Mark at 209-474-3894.

Bookkeeper / Office ManagerManage the office and employees, enter receipts into Quick-Books, Payroll, Invoicing, handle workman’s Comp, Work with vendors, and Sub Contractors, meet with clients, maintain office files, send letters, lien placement. Take and place calls as needed. Handle traffic throughout the day. Work with em-ployee’s needs, and problem solve accordingly. Contact Rupi at (209) 403-1432.

Project EngineerOn-site project engineer needed for construction project in Jamestown, 28 months. Ability to read plans and specifications, coordinate with on-site project superintendent and construction manager. Responsible for daily activities, process RFI’s, sub-mittals and general correspondence. Construction experience preferred, computer Excel and Word mandatory. Salary TBD. Send resume to [email protected]

Construction TeacherThe San Joaquin County Office of Education has an opening for a Construction Teacher at Building Futures Academy Charter School. For more information about this position please visit http://www.sjcoe.org/jobs.aspx

6 • Construction Weekly

Employment Opportunities

ClassifiedSEEKING Employment

Commercial Doors, Builder’s Hardware,

Toilet Partitions, General Hardware & More

924 E. Church Street, Stockton, CA 95203 WWW.CVHARDWARE.COM

Phone (209) 464-7305 * Fax (209) 464-1737

Page 7: Construction weekly may 13, 2016

Construction Weekly • 7

Weekly Economic Update provided by Dennis Goldstrand

For disclosure information contact Dennis Goldstrand at (209) 472-7000. 2800 West March Lane, Suite 326 • Stockton, CA 95219

www.goldstrand.com • [email protected]

Income Needs Ads

Ohio National Cooperative Advertising Fund GuidelinesFormat ads may be altered in size and style, but not in content. The typestyle (Adobe Garamond) of the Ohio National Financial Services logo, as well as the logo itself, may not be altered.

Agent imprint: Agents may use their names, life insurance professional designations, and address and telephone numbers in this area. Designations such as JD and CPA may not be used (since agents are not representing the company in those capacities), as well as other titles containing terms such as insur-ance or financial consultant; financial, insurance or estate planner; financial or insurance counselor; insurance, financial or investment adviser; or other words implying an independent or non-representative capacity.

If this advertisement will be distributed in multiple states, particularly in states where you are not licensed, please include in the advertisement “licensed in ” For co-op reimbursement, general agents should submit: 1. a copy of the paid invoice. 2. tear sheet/photo of the ad. 3. completed Form 1914 (Request for Reimbursement), including approval number for the ad.

No payment will be made for advertising that does not comply with these guidelines.

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The Ohio National Life Insurance CompanyOhio National Life Assurance CorporationGuarantees are based upon the claims-paying ability of the issuer. Product, product features and rider availability vary by state. Issuers not licensed to conduct business and products not distributed in AK, HI or NY.

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Guarantees are based upon the claims-paying ability of the issuer. Product, product features and rider availability vary by state. Issuers not licensed to conduct business and products not distributed in AK, HI or NY.

Dennis Goldstrand 2800 W. March Lane

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Dennis J. Goldstrand Presents:

WEEKLY ECONOMIC UPDATE

WEEKLY QUOTE“He not busy being born is busy dying.” - Bob Dylan WEEKLY TIP In your business budget, think of your marketing costs as a percentage of sales, somewhere between 2-10%. If you are building a brand, those costs might need to approach or exceed 20% of sales.

WEEKLY RIDDLE I can easily be divided. Within me, you will notice 13 hearts, but no organs. What am I?

Last week’s riddle:It cannot see and it feels no pain, despite matter constantly going through its eye. What is it?

Last week’s answer:A sewing needle.

May 9, 2016

APRIL JOBS REPORT RAISES QUESTIONS Employers hired 160,000 more workers than they let go last month, and that net job gain was the smallest since September. Does this suggest a job market losing steam, or does it hint at an economy nearing full employment? The hiring number may make the Federal Reserve reconsider the possibility of a June interest rate hike. Average hourly wages improved to $25.53 in April, up 2.5% year-over-year. While the main jobless rate remained at 5.0%, the U-6 rate, counting both the unemployed and underemployed, declined 0.1% to 9.7%.1

MORE EXPANSION IN FACTORY & SERVICE SECTORS Both of the Institute for Supply Management’s purchasing manager indices were above the critical 50 level (indicating growth) in April. ISM’s manufacturing index came in at 50.8, its non-manufacturing index at 55.7. Economists surveyed by MarketWatch expected a 51.4 reading for the factory PMI and a 54.7 reading for the services PMI.2

OIL SETTLES UNDER $45Light sweet crude closed at $44.66 Friday on the NYMEX, down 2.7% for the week on perceptions that near-term supply was exceeding demand. Gold got a boost from the disappointing jobs data, settling at $1,294.00 Friday to go up 0.3% for the week.3,4

WALL STREET SEES A MINOR WEEKLY RETREAT Across May 2-6, the S&P 500 lost 0.40% to 2,057.14; the Nasdaq Composite, 0.82% to 4,736.16; and the Dow Jones Industrial Average, 0.19% to 17,740.63. Headwinds included the underwhelming jobs report, the weaker-than-expected ISM factory PMI and the week’s dip in oil prices.5

THIS WEEK: On Monday, earnings from Chimerix, Hertz Global, Nautilus, Novatel Wireless, TeamHealth, and Tyson Foods arrive. Dean Foods, Electronic Arts, Norwegian Cruise Line, Planet Fitness, Tribune Media, and Walt Disney Co. present earnings Tuesday. Wednesday, the earnings parade includes announcements from Aramark, Jack in the Box, Macy’s, NetEase, Weibo, and Wendy’s. Thursday, the latest initial claims figures complement earnings news from Dillard’s, Kohl’s, Nordstrom, Ralph Lauren, Shake Shack, and Symantec. April retail sales data, the April Producer Price Index, and the initial May consumer sentiment index from the University of Michigan all appear Friday, along with Q1 results from J.C. Penney.

% CHANGE Y-T-D 1-YR CHG 5-YR AVG 10-YR AVG

DJIA +1.81 -0.57 +8.07 +5.32 NASDAQ -5.42 -3.73 +13.50 +10.22 S&P 500 +0.65 -1.11 +10.70 +5.52

REAL YIELD 5/6 RATE 1 YR AGO 5 YRS AGO 10 YRS AGO

10 YR TIPS 0.18% 0.34% 0.71% 2.45%Sources: wsj.com, bigcharts.com, treasury.gov - 5/6/166,7,8,9

Indices are unmanaged, do not incur fees or expenses, and cannot be invested into directly. These returns do not include dividends. 10-year TIPS real yield = projected return at maturity given expected inflation.

Please feel free to forward this article to family, friends or colleagues. If you would like us to add them to our distribution list, please reply with their address.

Page 8: Construction weekly may 13, 2016

8 • Construction Weekly

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All you can eat picnic lunch including hamburgers, hot dogs, potato salad, beans, watermelon, ice cream & soda in the beautiful picnic grove from 2:00 PM – 4:00 PM.

SPACE IS LIMITED • Contact the Exchange at 209-478-1000 to purchase your tickets today!

VALLEJO

The Builders’ Exchange of Stockton

Family Day

Saturday • August 20

Page 9: Construction weekly may 13, 2016

Construction Weekly • 9

Finding just the right people, recruiting and managing… that takes a very specialized, quali-fied team of experts. Our team of recruiters are the best in the field, because they have been there. They have lived it. In each and every case, we strategically identify and qualify every candidate, ensuring you always get a far higher level of value in each person on staff.

VForce really stands apart by offering unique, tailored solutions that fit your very specific needs.

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For More Information:Denise Haycock - Benefits Consultant

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Membership has its Benefits...

Page 10: Construction weekly may 13, 2016

10 • Construction Weekly

800-UR-RENTSunitedrentals.com

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Page 11: Construction weekly may 13, 2016

Construction Weekly • 11

Local insurance solutions for the construction industryWells Fargo Insurance delivers an outstanding combination of resources with excellent local service and support. And, as part of Wells Fargo & Company, we can provide access to financial solutions to help ensure your success.

Bonds | Insurance | Construction risk management

Wells Fargo Insurance Services USA, Inc. Dave Weise10940 White Rock RoadRancho Cordova, CA 95670916-589-8035 | [email protected]

Products and services are offered through Wells Fargo Insurance Services USA, Inc., and Wells Fargo Insurance Services of West Virginia, Inc., non-bank insurance agency affiliates of Wells Fargo & Company.

Products and services are underwritten by unaffiliated insurance companies except crop and flood insurance, which may be underwritten by an affiliate, Rural Community Insurance Company. Some services require additional fees and may be offered directly through third-party providers. Banking and insurance decisions are made independently and do not influence each other.

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Page 12: Construction weekly may 13, 2016

12 • Construction Weekly

Projects Out to Bid Today

Viewing the Statewide Plan Room section of the Building News is reserved for Members of the Builders’ Exchange of Stockton.

Local construction information and plans areavailable in the online planroom, plus:

• City/County Notices • Mandatory Meetings/Job Walks • Projects Out to Bid • New Projects • Bid Results

For instructions on accessing the plan room please call 209-478-1000.

Not a Member? Additional BES member benefits include: • Worker’s Comp Insurance • Group Health Insurance • Safety Training & Eduducational Seminars • Scholarship Program • Notarization on Construction Documents • Social Networking - Golf Tournaments, Bocci, BBQ, Crab Feed • And Many More!

NOTICE!

Page 13: Construction weekly may 13, 2016

Construction Weekly • 13

MEMBER BENEFIT

401(k)/Profit Sharing Multiple Employer PlanFor Members of the

Builders’ Exchange of Stockton

Giving small and mid-sized businesses access to the same kind ofbenefits and resources enjoyed by larger employers at lower costs.

ust 9, 2009

A Multiple Employer Plan (MEP) is a retirement plan structure that enables multiple businesses to adopt and offer a retirement plan that share similar business interests—such as associations. It offers a cost effective solution, while mitigating risks that can improve a plan’s overall features.

Reasons to ConsiderCost effective solution

Lower costs to employer on administration and lower fees/expenses to employees

Ease of administration, reducing staff time Plan design flexibility and customization to meet business goals Fiduciary risk mitigation

SolutionsEven if you have an existing retirement plan at your business, you owe it to yourself to discover if there is a more effective solution.

Call Today for a Proposal and Comparison of an Existing Plan

Contact InformationDennis J. Goldstrand, CLU, ChFC, AEP

Goldstrand Planning Group 2800 W. March Lane, Suite 326

Stockton, CA 95219-8202 [email protected]

(209) 472-7000 (800) 507-9911

Securities offered through The O. N. Equity Sales Company, Member FINRA/SIPC, One Financial Way, Cincinnati, OH 45242 (513)794-6794. Investment advisory services offered through Dennis Goldstrand of Goldstrand Planning Group and O.N.

Investment Management Company. Goldstrand Planning Group and O.N. Investment Management Company are not affiliated.

Page 14: Construction weekly may 13, 2016

14 • Construction Weekly

New Workers Comp Program 5% off for BES Members

Call John Glover 209-465-5671

Brown & Brown Ins Svcs. of California Inc. DBA Debock & Muth Insurance Agency Lic. 0D04053 1330 W. Fremont St., Stockton CA. 95203 PH: 209-465-5671 [email protected]

This program is underwritten by Arrowhead GIA, Inc. , a Brown & Brown company. Call today for eligibility information and a free quote.

Steven PerryTerritory ManagerModesto District - Ready Mix

131 Vultee AvenueShafter, California 93263 USADispatch (209) 529-4115 EXT 2/ FAX (661) 215-6054Mobile (209) [email protected] / WWW.CEMEXUSA.COM

Proud A�liate Member of Builders Exchange of Stockton - Call Steve at 209.331.3216http://www.raymorgan.com/welcome_builders_exchange

Ray Morgan CompanyDOCUMENT TECHNOLOGY SOLUTIONS

Your resource for ALL of your California Contractor’s License and business needsOver 33 years of legislative and regulatory advocacy on behalf of the construction industry.

• Fastrenewalofyourexistingcontractor’s license. We submit at CSLB’s front counter sameday(whichmeansimmediate activation or re-activation and proof through CSLB date stamp). • Contractor licensing, application preparation and test assistance. Expeditesavailable(must provide substantiation). • Assistancewithcomplaintsfiledagainst your license. • Incorporationsandotherfilingswith California Secretary of State. • Assistancewithincorporationsand licensing in other states.

Contractors Licensing Center

SERVICES WE PROVIDE

Contact Us For Free Status Check of Your License

PO Box 191341, Sacramento, CA 95819 | [email protected] | (916) 542-2162

•ObtainingyourEmployerIdentificationNumber(EIN)throughtheFederalGovernment•RegisteringwiththeFranchiseTaxBoardandBoardofEqualization•RegisteringwiththeEmploymentDevelopmentDepartment(EDD)•AssistingwiththefilingofMinorityBusiness,DisabledVeteranBusinessorasaCertifiedSmallBusinesswiththeStateofCalifornia

Filings and assistance for other contractor business needs

2120 28th Street Sacramento CA 95818 + Phone: (916) 451-1114 + Fax: (916) 451-1118

Page 15: Construction weekly may 13, 2016

Construction Weekly • 15

Federated’s risk management services may help you avoid costly impacts to your insurance premiums.

Call me today to discuss ways to drive your cost down.

Losses Drive Up Your Insurance

Cost.

Federated Mutual Insurance Company Federated Service Insurance Company*

Federated Life Insurance CompanyHome Office: 121 East Park Square

Owatonna, Minnesota 55060(507) 455-5200 • www.federatedinsurance.com*Federated Service Insurance Company is not licensed

in the states of NH, NJ, RI, and VT.

Your NameStreet AddressCity, State, ZipBusiness PhoneCell Number

Ads_2x4_02_02_2012.indd 6 2/21/12 9:17 AM

Grant Willes209-570-5664P&C/Life Lic #0F07841

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16 • Construction Weekly

LEGALNoticesP (209) 599-8895 F (209) 599-6530 • PO Box 554 Ripon CA 95366

NOTICE OF COMPLETION Recordation Completion Date Owner Name Date Contractor Name Property Address 04/25/16 City of Lathrop 04/18/16 Teichert Const Inc Proj #CIP PS 97-02 Lathrop Rd Westerly Grade Separation Proj City of Tracy 04/19/16 Mozingo Const MacArthur Dr 24” Waterline CIP 75108 Robinhood Plaza Shopping 04/20/16 Lennen Commercia 5756 Pacific Ave Sp C7, Stkn Center LLC l Bldrs Inc Rose Park LLC 04/19/16 DBF 1429 Rosy Dawn Ln, Mtca TRI Pointe Homes Inc 04/21/16 1034 Vecindad St, Mtn Hse04/26/16 Crivello Estates LP 04/12/16 Raymus Const Inc 1017 Granite Pl, Mtca Manteca 93 LP 04/25/16 1957 Willowleaf Wy, Mtca Rose Park LLC 04/19/16 DBF 1433 Rosy Dawn Ln, Mtca Woodside 05N LP 04/22/16 17193 Golden Spike Trail, Lthrp04/27/16 Brookfield Windrift LLC 04/26/16 1000 Greengate Ct, Lthrp CalAtlantic Group Inc 04/26/16 1196 S Olson Ave, Mtn Hse Oakwood LT Ventures LLC 04/21/16 Casner Communities Inc 1273 Como Dr, Mtca Pulte Home Corp 04/25/16 1480 Chestnut Hill Dr, Mtca TL Shoreline LP 04/22/16 796 Channel Ct, Lthrp04/28/16 BMC Cornerstone II Ripon LLC 03/29/16 1843 Shellstone Wy, Rpn Brookfield Windrift LLC 04/22/16 995 Park Place Ct, Lthrp CPG River Island Communities LLC 04/21/16 DeNova Homes Inc 1312 Academy Dr, Lthrp Oakwood LT Ventures LLC 04/15/16 Casner Communities Inc 3716 Chiavari Wy, Mtca Oakwood LT Ventures LLC 04/26/16 Casner Communities Inc 3924 Castellina Wy, Mtca Pacific Dental Services LLC dba 03/02/16 2290 Daniels St, Mtca My Kids Dentist & Orthodontics River Island 68 LLC 04/11/16 Van Daele Dev of Nor Ca 714 River Bend Dr, Lthrp Shea Homes LP 04/19/16 661 N Colcannon Dr, Mtn Hse SNHS No Date Listed Edwards Const 1822 Pisa Cir, Stkn04/29/16 BMC Cornerstone II Ripon LLC 04/28/16 1840 Cornerstone Dr, Rpn BMC Cornerstone II Ripon LLC 04/21/16 297 Gemstone Ln, Rpn BMC Cornerstone II Ripon LLC 04/22/16 448 Diamond Wy, Rpn Brookfield Windrift LLC 04/28/16 979 Park Place Ct, Lthrp Glen Briar Homes LLC 03/30/16 458 Delaney Ct, Trcy Meritage Homes of Calif Inc 04/28/16 2334 Azevedo Ave, Mtca Meritage Homes of Calif Inc 04/28/16 921 Storybrook St, Mtca Pulte Home Corp 04/25/16 1478 Arbor Brook Dr, Mtca

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Construction Weekly •17

Pre-Lien Research & ProcessingMechanics Lien Law Training

www.thelienlady.comP (209) 599-8895 F (209) 599-6530

PO Box 554 Ripon CA 95366

Richmond American Homes of 04/28/16 264 W Aldrich Pl, Mtn Hse Maryland Inc River Island 68 LLC 04/20/16 Van Daele Dev of Nor Ca 681 Channel Dr, Lthrp Rose Park LLC 04/28/16 DBF 1441 Rosy Dawn Ln, Mtca TRI Pointe Homes Inc 04/28/16 1026 Vecindad St, Mtn Hse Union Ranch Partners LLC 03/24/16 Atherton Homes 1683 Tulipano Ct, Mtca WL Investors LP 04/01/16 2553 Buttercup Dr, Lodi WL Investors LP 04/27/16 2561, 2632, 2648, 2656 Buttercup Dr; 2615 Tiffany St, Lodi

MECHANICS LIENS Date Lien Recorded Owner Name Amount Claimant Name Property Address 04/27/16 Shalini Peter & Mandeep S Nijjar $25,000 Francesca Segarini 2134 Scribner St, Stkn04/28/16 David Grimes $12,600 Charles Lee California Concrete 4133 Sevrat Ct, Stkn

LIEN RELEASES Date Recorded Owner Name Claimant Name Property Address 04/25/16 Sunchaser Real Estate Two LLC Floor Select 585 Wicklund Crossing, Mtn Hse04/28/16 Elbert M Thompson Rick Amos, Amos Const 23 W Vine St, Stkn

LEGALNoticesP (209) 599-8895 F (209) 599-6530 • PO Box 554 Ripon CA 95366

Page 18: Construction weekly may 13, 2016

18 • Construction Weekly

by State Compensation Insurance Fund

builders’ safety services!

Working Safely Around Electricity

Meeting Attended By

Employee Recommendations

Reviewed MSDS# Subject

Supervisor’s Signature

This information does not supercede local, State, or Federal regulations.

May

6, 2

016

Industry runs on electricity. It’s safe to use when you know what you’re doing and take proper precautions. When precautions are not taken, electricity can be a killer.

How you are affected by electric shock depends on the fol-lowing factors:

• The rate the current flows through your body. This depends on how good your body conducts electricity. If you have dry hands and are standing on a non-conductive surface such as a rubber mat, you may not even feel a shock. If you are perspiring and are standing in water, you could be killed.• The length of time the current flows through your body. The longer the electric contact, the greater the current flow and the greater the shock.• The path the current takes through your body. The most dan-gerous path is through vital organs.

Your actions can protect your safety.

• Read and follow instructions before handling anything electrical. If you don’t understand the instructions, get qualified help-don’t guess.• Plugs should only be inserted in receptacle outlets with the same slot or blade pattern, unless proper adapters are used. •Don’t force or alter a plug by bending, twisting or removing blades to make it fit into a receptacle outlet.

• Water conducts electricity. Keep wet hands from touching electrical equipment or light switches.• Firmly grip the plug, not the cord, when disconnecting equipment. Yanking the cord can damage the cord, plug, or receptacle outlet and result in a shock or fire.• Because electricity is present even when the switch is in the “off” position, unplug equipment, appliances and extension cords when not in use and before inspecting, cleaning, or fixing them.•Recognize signs of overloaded circuits including flickering or dim-ming lights, blown fuses, warm wall plates or extension cords, and tripped circuit breakers.•Receptacle outlets and switches should not be painted or covered with wallpaper paste.

There’s no margin for error when working with electricity. Conditions vary so much that without the facts, you may make a mistake and cause injury to yourself or fellow workers.

Page 19: Construction weekly may 13, 2016

Construction Weekly •19

builders’ safety services!

builders’ safety services!

CLASS DATE TIME

First Aid/CPR June 8th 8 am - 12 pm

Membership Orientation August 2nd 12 - 1:30 pm

Mechanic Lien Seminar 201 September 7th 8:30 - 11:30 am

First Aid/CPR November 9th 8 am - 12 pm

Page 20: Construction weekly may 13, 2016

BUILDERS’ EXCHANGEOF STOCKTON

7500 West Lane • Stockton, CA 95210

RETURN SERVICE REQUESTED

844-4CenCal www.cencalglass.com

AUTO H STORES H HOMES

H Window Film H Table Tops H Storefronts H Screens

H Windows H Mirrors H Tenant Improvements

H Door Repair Service H Glass Replacement

H Shower Enclosures

Email: [email protected] Phone(209)467-0000 Fax(209)467-0400

The Central Valley’s Newest Glass Shop

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