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ANSWER:        INADVERTENTLY OMITTING THE LETTER “T” FROM THE DEBTOR’S MIDDLE NAME INVALIDATED THE UCC-1 FINANCING STATEMENT! What’s in a name?   Ronald Markt Nay bought two Terex Dump Wagons with loans from LEAF Capital Funding, LLC (“LEAF”). One loan was for $41,000 and the other loan was for $36,950. LEAF filed UCC-1 financing statements with the Indiana Secretary of State’s Office to perfect its liens against the two dump wagons. Each of the UCC-1 financing statements stated the Debtor’s name as “Ronald Mark Nay.” The debtor’s name listed on his unexpired Indiana driver’s license was “Ronald Markt Nay.” Mr. Nay and his wife, filed a chapter ...
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Greetings, After having a long winter, we can now confidently say that summer is here – and construction season is in full swing! Fast approaching is our June quarterly meeting and Industry Builder Golf Tournament which is next Wednesday June 20 th . You still have time to register if you are interested in coming to the educational meeting or participating in the golf tournament. It is a great opportunity for networking and a chance to get out of the office and enjoy some sunshine, the current forecast for Wednesday is 84 degrees and partly cloudy! See links below for more information. As most are aware, unemployment remains low, and finding skilled trade ...
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If you missed, you were in the minority! Our March quarterly meeting was extremely well attended, with many members and guests in attendance. We were pleased to have two excellent presentations and enjoyed a networking lunch following the meeting. Our first presentation of the morning was on the Tax Cuts and Jobs Act of 2017 with representatives from ELO Prof, LLC presenting. Pam Olinger, Matt Buenzow, and Megan Oeltjenbruns provided an overview of the act, including the changes for individuals, estates/gifts, and businesses. The slides of their presentation are available in the Library page of our website. After a break with drinks and cookies, we had the ...
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​ In today’s business environment, every business faces unprecedented levels of complexity and uncertainty. Rather than changing this reality, the Tax Cuts and Jobs Act (TCJA) contributes to it. As a result, businesses that aren’t analyzing the secondary effects on their operations and competition will be caught off guard. Many are unaware of the multidimensional complexity of tax reform. Evaluating the economic effect of the changes to your business in a vacuum won’t be enough to maintain competitive advantage. Instead, management must go beyond measuring the effect on its bottom line to understand the effect on its business strategy and that of competitors. ...
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ANSWER:        ABC NEWS BACKED AWAY FROM THE TABLE AND WAVED A WHITE NAPKIN WHEN IT SETTLED THE $5.7 BILLION DOLLAR “PINK SLIME” AGRICULTURAL DISPARAGEMENT CASE! What’s the beef? Beef Products, Inc., was the world’s largest producer of lean boneless beef until Disney’s ABC News attacked its product calling it “Pink Slime.” The series of reports by ABC News in March 2012 cost Beef Products 80% of its business. It had to close three of its four plants and cut more than 700 jobs. Beef Products claimed it lost $1.2 billion dollars in profits. The South Dakota Agricultural Food Product Disparagement Act allows those damages to be trebled. S.D. CODIFIED ...
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Greetings, Hope this finds everyone starting to think spring and summer! We get a little taste of spring; then are reminded that winter is not over yet. We’ve started to schedule some of our upcoming summer events. Following our June quarterly meeting, our Industry Builder Golf Tournament is set for June 20th with a shot gun start at 12:30. Our next quarterly meeting is fast approaching on March 21 st.   We have some excellent speakers that will cover the recently passed Tax Cuts and Jobs Act and also an Economic Update. If you haven’t already signed up, please do so as soon as possible. Also, on April 26 th we are offering an educational seminar – ...
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Did you see that high-tech features on new cars are driving up auto insurance rates? Check out the article below! What are your thoughts? Click Here for Articl
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Job Cost Software

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We are beginning a search for construction software that is strong in job cost accounting, GL, payroll,  and document management.  Any suggestions?
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If you missed our CFMA December Quarterly Meeting & Holiday Social, here is a brief update.  After a brief business meeting, Tom Becker and Theresa Hall from South Dakota State University spoke briefly about the state of their construction management department, and thanked the chapter for our contribution to numerous scholarships at SDSU over the past number of years. We then welcomed Linda Halliburton, Director of Graduate Business and Executive Education Programs at the University of South Dakota, to speak briefly on "Professional Development as an Engagement Strategy". Check out the slides from her presentation in our resource library ( link ). Next, ...
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Season Greetings,   Our next quarterly meeting is fast approaching on Wednesday, December 6th.   If you have not already signed up, please do so as soon as possible.   As 2017 comes to an end and we wrap up another great year we also look forward to 2018. We have had many great programs, good representation at the Heartland Conference, some awesome job site tours, prepared lunches for Lunch is Served and had a successful golf tournament to raise money to help build our future work force.  All this is made possible through the support and contributions of our members.  Thank you very much!!   I would encourage you to become involved in one of ...
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ANSWER:        SOMETIMES THE BREAD DOESN’T MEASURE UP, BUT THE COURT SAID NO ONE WAS “SHORTED!” Photo courtesy of USA TODAY Who started this food fight? Most people just eat their Subway Footlong sandwiches. In January 2013, a teenager in Australia measured his Subway Footlong sandwich before eating it. It was only 11 inches long!   In re: Subway Footlong Sandwich Marketing and Sales Practice Litigation , (7 th   Cir., 8/25/17). Apparently ignoring the admonition of every parent to not play with your food, he photographed the sandwich next to a tape measure and posted the picture on his Facebook page. The image went viral and the condiment-laden ...
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Congratulations to our Siouxland CFMA chapter! We were recognized by CFMA National with the 2017 Chairman's Excellence Award for the value that we provide our members. Thanks to our board members and our committee members for all they do to return great value to our membership! 2017_Chairmans_Excellence_Award_-_Siouxland.pdf
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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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