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On Wednesday, September 20, our Siouxland Chapter of CFMA gathered at CJ Callaways for our September quarterly meeting. After a brief business meeting, Joseph Hogue of Cutler Law Firm spoke on the topic of Mechanic's Liens, with a presentation entitled "Mechanic's Liens: 10 Things to Know". His presentation was well summarized in the following slide: Rules are State Specific NOT the same as Claims Broadly Available in South Dakota Can Relate Back Before Mortgages Statute must be Substantially Complied With Must be Filed within 120 Days Require a Detailed Itemized Statement Can be Released if Certain Funds Posted Can be Released ...
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Our next quarterly meeting is fast approaching on September 20th.  We opted to do an afternoon meeting followed by a social to allow for more networking opportunities.  Please remember to RSVP if you have not already done so. Our golf tournament was successful again. This has allowed us to distribute $7,000 locally for scholarships and student programs that are construction related.  Thank you all very much who contributed to being a corporate sponsor and also to all the team sponsors.  Without your dedication to this mission it would not be possible. In August we again packed lunches for the Lunch is Served program.  This allows low income workers to ...
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I am interested in recommendations for a Budgeting/Financial Analytics tool  (Rolling Forecast, Strategic Planning, what if scenarios) that integrates with either no effort or minimal effort with timberline (Sage 300). Thanks
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ANSWER:     Employers Must Reasonably Accommodate the Religious Practices of Employees Whenever Feasible Unless it Would Cause Undue Hardship to the Business. $586,000 in damages for not accommodating fear of the Antichrist! Beverly R. Butcher, Jr. (“Mr. Butcher”) was a coal miner at the Robinson Run Mine owned by Consol Energy, Inc. (“Consol”). Mr. Butcher is a devout evangelical Christian. When the employer started using a biometric hand-scanner to track the attendance and work hours of the employees, Mr. Butcher informed his supervisors that his religious beliefs prevented him from using the scanner. EEOC v. Consol Energy, Inc. (U.S.Ct.App. ...
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Drive Time

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Our company does work at job sites both near and far from our main location. Our drive rule has been straight time anything over an hour for the driver only. We've experienced morale issues due to the riders having a 3 hour round trip drive to make yet not getting paid for yet. We need to remain competitive, have a standard process, yet take care of our workers. Any ideas or can you share how your company handles this and the policy that goes along with it?
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I attended my first Construction Financial Management Association Annual Conference in June of this year. It was an inspiring conference that illustrated the complex intersection of business, technology, and culture in construction companies. As an expert in advancing change in these areas, and as a relative newcomer to this industry, I wanted to share my perspectives on what I heard, learned, and observed during the event.  Talent, Talent, Talent! The break-out sessions I attended, regardless of topic, included commentary on the talent shortage in the industry. Financial executives of construction firms of all sizes are concerned about the ability to attract ...
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On Wednesday, June 21, we held a quarterly chapter meeting focused on labor-related topics. The meeting was well-attended, and attendees received three CPE hours listening to several educational presentations. We kicked off the meeting with brief committee updates, and then welcomed our first speaker, Lon Clemensen. Lon, Vice President of Workforce Development for the Sioux Falls Development Foundation, works with government, non-profits, business leaders, and multiple areas of the educational realm to promote workforce development in Sioux Falls. Following Lon’s presentation, Candy Hansen, President of Sioux Falls Thrive, spoke on the efforts of the Sioux ...
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QUESTION:  HOW DID JOY OFFEND GINA? ANSWER:        JOY UNDERGROUND MINING VIOLATED THE GENETIC INFORMATION NON-DISCRIMINATION ACT (“GINA”)! The Genetic Information Non-Discrimination Act of 2008 (“GINA”) makes it illegal to discriminate against employees or applicants based upon genetic information. GINA prohibits the use of genetic information in making employment decisions. It also restricts employers and others, such as employment agencies or labor unions from requesting, purchasing or requiring genetic information for employment purposes and strictly limits the disclosure of genetic information. The Departments of Health and Human Services, ...
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ANSWER:       BANK OF AMERICA’S IMPROPER FORECLOSURE PROCEEDINGS WERE “HEARTLESS” AND CAUSED BY “CORPORATE CULTURE.” Kafkaesque Loan Servicing?             “Franz Kafka lives. This automatic stay violation case reveals that he works at Bank of America.” So begins the opinion of Bankruptcy Judge Christopher M. Klein in Sundquist v. Bank of America (U.S.Bkty Ct., E.D. Cal. 3/23/17). The impossible path to loan modification….             Erik and Renee Sundquist decided to sell their house in 2008 and move with their twin children into a less expensive home in Lincoln, California. They wanted to reduce their living expenses. Mr. and Mrs. Sundquist ...
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We are a Specialty Contractor looking for a new accounting package with a great project management module.  We have been using Sage 300 since 2000 but are not impressed with the project management module. Looked at Plexxis software yesterday and was really impressed. Would like some feedback on Plexxis and any other software geared towards the Specialty contractor. Thanks in advance for your feedback. LeAnn Karsten Financial Manager
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Know what’s due and when. For over 10 years, zlien  has provided thousands of free resources that have helped  tens of thousands of construction companies  get paid through effective lien rights management. We’ve always done our best to make it easy for you to learn about and leverage your lien rights, but our latest product makes it easier than ever. We’re very happy to announce the Lien Deadline Calculator , a brand new, free tool that gives  anyone  the power to calculate lien & notice deadlines and requirements on any project nationwide.   Now everyone can avoid these three common mistakes: Missing a lien or notice deadline Failing ...
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QUESTION:    ISN'T THE GOVERNMENT'S FORM I-9 JUST MORE RED TAPE IN THE HIRING PROCESS?   ANSWER:        THAT GOVERNMENT RED TAPE FOR EMPLOYMENT ELIGIBILITY VERIFICATION COMES WITH STICKY PENALTIES FOR EVEN HONEST MISTAKES! Employers need to properly complete I-9 forms for required employment eligibility verification. Even if you never have any unauthorized workers in your workforce, your company may be fined big money for technical mistakes in your form I-9 record keeping. The ICEman Cometh…with Big Penalties!      I-9 form audits by Immigration and Customs Enforcement ("ICE") are increasing. Simple ...
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Borrowing Base Calculations for Construction Companies We recently came across an interesting thread on  CFMA’s Connection Cafe  about  “ Borrowing Base and Billed Retention .” Since so many construction businesses rely on commercially-sourced financing to fund their working capital cash requirements, we thought we’d explore the borrowing base topic a little further. Taking on new projects or jobs places a large cash burden on construction companies, particularly for subcontractors that are forced to “float” the project costs up front. Since the amount of cash needed will vary from day-to-day (based on the cash flow of the individual project, ...
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What does great leadership mean to you? At our March quarterly meeting held on March 15, we had the opportunity to participate in an interactive workshop, led by Dr. Danielle Crough, where we examined what great leadership looks like. The primary emphasis of the workshop was to examine leadership through the eyes of followers, as was demonstrated by the title of the meeting: "Want To Be A Better Leader? Think Like A Follower." Through the interactive workshop, we discussed the concepts with other attendees and reflected on how to apply those to current projects or leadership situations. We also discussed leadership myths, shared leadership books, and discussed ...
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Is Preliminary Notice Required in My State? Some states require that contractors and material suppliers send preliminary notice in order to preserve their ability to file a mechanics lien . Preliminary notices come in all shapes and sizes, and they have different names, including pre lien notice , notice to owner, notice to contractor, notice of furnishing , 20 day notice , and more . We provide more information about preliminary notices, including forms, frequently asked questions, and state-by-state requirement maps, on our preliminary notice homepage. A preliminary notice is different from a notice of intent to lien . ( Click here to ...
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Connection Cafe Want to build a better Foundation for Success? Join me at CFMAs 2017 Annual Conference & Exhibition in Phoenix. Dont miss your chance to register at the early bird rate! Visit www.cfma.org/conference fo
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From Albuquerque member Bobbi Hayes - BHayes@rpcllp.com The state personal property tax division in Santa Fe is interpreting the following clause as requiring that a construction contractor prorate every piece of equipment used by the time spent in any taxing jurisdiction in New Mexico for the 2017 personal property tax reports being filed, as opposed to a piece of equipments specific location on the measurement date (1/1/17). There were regulations that were modified during 2016 (see attached). So, if you had an excavator that was moved from county to county during the year, you are supposed to be tracking it to allocate the value. Anyone else run ...
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Is Preliminary Notice Required In My State? A List of Notice and Non-Notice States Some states require that contractors and material suppliers send preliminary notice in order to preserve their ability to file a mechanics lien . Preliminary notices come in all shapes and sizes, and they have different names, including pre lien notice , notice to owner, notice to contractor, notice of furnishing , 20 day notice , and more . We provide more information about preliminary notices, including forms, frequently asked questions, and state-by-state requirement maps, on our preliminary notice homepage. A preliminary notice is different from a notice ...
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The word February is derived from the Latin word Februarius, from the Latin februa meaning to Purify or to Explate (unfold). In ancient Rome, this was the month of purification, and people dedicated their time to living honorably, being virtuous. February was actually the last month of the year, and February 5th marked the first day of spring, a time of new beginnings. We make our New Years Resolutions on January 1st and by February 1st, many of us have not only fallen off the path we set, but have forgotten what our resolutions actually were. Some people have stopped making them altogether. For many ...
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If you've ever had malware on a computer, you've probably just called IT and they've cleared it off your PC. So did you find out how the malware happened to successfully infect your PC? Is it infecting other computers in your network? Cybersecurity should be handled differently than your typical support ticket. If you don't learn from each incident, you'll likely have more problems. In a recent article in Networld World, How to Practice Cybersecurity , the author Lior Div points out that " Practicing cybersecurity begins with security teams changing their mindset around how they handle threats. ...need to be encouraged to not quickly close ...
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