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QUICK JOB COMPLETION QUICK JOB COMPLETION FINISH FASTERFINISH FASTERROBOTS FOR REBARROBOTS FOR REBARSAVE TIME AND LABORSAVE TIME AND LABORWWW.MCSMAG.COMPERFECT PAIRINGPERFECT PAIRINGCONCRETE CONCRETE ATTACHMENTSATTACHMENTSSEPTEMBER 2024

QUICK JOB COMPLETION QUICK JOB COMPLETION FINISH FASTERFINISH FASTERROBOTS FOR REBARROBOTS FOR REBARSAVE TIME AND LABORSAVE TIME AND LABORWWW.MCSMAG.COMPERFECT PAIRINGPERFECT PAIRINGCONCRETE CONCRETE ATTACHMENTSATTACHMENTSSEPTEMBER 2024

SEPTEMBER 2024 www.mcsmag.com4BIGGER AND BETTER: ELECTRIC CONSTRUCTION MACHINESGuest post by Pranav Jaswani CONSTRUCTION OF INDIANAWATER TREATMENT PLANT IN4K TIMELAPSE VIDEOGuest post by EarthCam2024 STEEL ERECTION PROJECTS OFTHE YEARGuest post by the Steel Erectors Association of America241626SEPTEMBER 2024VOLUME 18 ISSUE 09Inside This Issuespecial focusIN EVERY ISSUEIndustry News .............................. management solutionEVOLUTION OF BRIDGE CONSTRUCTIONinnovative formwork systems are keyproject profileROBOTS FOR REBARadvanced robotics cut project schedule in half project profileLIGHT AT THE ENDcustom tunnel equipment CONCRETEmanagement solutionFINISH PROJECTS FASTERtips and tricks for quicker job completionON THE BLOGLIGCHINELigchine’s SCREEDSAVER® ULTRA PLUS in action on a warehouse pour in Evansville, WI, collaborating with Parisi Construction. www.ligchine.com34equipment solutionPERFECT PAIRING concrete attachments20management solutionSHOTCRETE IN ACTIONbest practices for slopes14

PROJECT PROFILESLight at the End ................................................... 14Robots for Rebar .................................................. 16MANAGEMENT SOLUTIONSEmployee Ownership ............................................ 18Shotcrete in Action .............................................. 20Revitalizing Outdoor Spaces ................................. 22Evolution of Bridge Construction ........................... 24Finish Projects Faster ........................................... 26EQUIPMENT SOLUTIONSLoaded with Tech ................................................. 30Compliance Meets Efficiency ................................ 32Perfect Pairing ..................................................... 34ENVIRONMENTAL SOLUTIONSFirst Electric Backhoe Loader ............................... 38TECHNOLOGY SOLUTIONSAntimicrobial Concrete ......................................... 40LEGAL SOLUTIONSWhen All Goes Awry ............................................. 42 www.mcsmag.com 3100 Lorna Rd, Ste 101Birmingham, AL 35216MATT WEBER Editormatt@mcsmag.com MIKE BARKER Publishermike@mcsmag.com RANDY MOON Media Consultantrandym@mcsmag.com MICHAEL FISCHBACH Media Consultantmichael@mcsmag.comKEVIN McCLARAN Associate Publisherkevin@mcsmag.com GARY BARKER Associate Publishergary@mwsmag.com SETH SAUNDERS Digital Media Specialist seth@mcsmag.com INGRID BERKY Office Manageringrid@mcsmag.comSUBSCRIPTIONS For all changes, go to:MCSMAG.COMClick the SUBSCRIPTIONS button in the main menuTIM GARMONCEORUSSELL HADDOCKPresidentCHRIS GARMONCFOJ. CAMPBELL Vice President, EditorialNo part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage-and-retrieval system without permission in writing from the publisher. The views expressed by those not on the sta of Modern Contractor Solutions, or who are not specifically employed by Highlands Publications are purely their own. All Industry News material has either been submitted by the subject company or pulled directly from its corporate website, which is assumed to be cleared for release. Comments and submissions are welcome, and can be submitted to donna@mcsmag.com.For reprint information, contact Chris Garmon at chris@mcsmag.com.Canada Post Publication Agreement #41578525. Undeliverables 355 Admiral Drive, Unit 4, Mississauga, ON L5T 2N1 CONCRETEWORKS 2024National Ready Mixed Concrete Association’s ConcreteWorks 2024 (October 10-14, 2024) will be held at the Gaylord Rockies in Aurora, CO. Year after year, the conference brings together business meetings, social events, informative educational seminars, and keynote presentations. NRMCA’s ConcreteWorks exhibition hall allows the industry to showcase the latest and greatest equipment to industry personnel. For more, visit www.nrmca.org. Concrete has built the world around us. It is the second-most-used substance in the world after water, and its usage as a building material, ton for ton, is twice that of steel, wood, plastics, and aluminium combined. Even today, concrete construction is evolving. Today’s concrete may include an antimicrobial admixture, which prevents stains from molds and mildews as well as protects from Microbial-Induced Corrosion of Concrete (MICC). Another example of innovation is low-carbon cement alternatives that aim not just at reducing CO2 emissions but at transforming concrete into a material that could potentially sequester carbon.The introduction of “smart concrete” may pave the future. This cement mixture offers advanced features which come from different material compositions, special processing, integrating new functional components, or modifying its microscopic structure. The benefits may include self-healing concrete and self-curing concrete, although this type of material is still in laboratory stages of development. Applications for concrete construction are also expanding. Taking cues from the commercial sector, some homebuilders are now looking at tilt-up concrete construction in response to the skyrocketing house-insurance costs for wood-framed buildings. In the years to come, concrete construction might involve less on-site human labor and more robotic technology. 3D-printed concrete structures are becoming a practical solution for rapid construction and reduction of waste. Companies are exploring how 3D printing can impact everything from housing shortages to intricate infrastructure projects.The future is now for concrete construction, and this issue of Modern Contractor Solutions shows you what’s new. Matt WeberEditorModern Contractor Solutions Magazine@mcsmagModern Contractor Solutions

SEPTEMBER 2024 www.mcsmag.com8industry newsHD HYUNDAI OPENS GEORGIA CUSTOMIZATION CENTERThrough the first HD Hyundai North American Customization Plant in Brunswick, Georgia, HD Hyundai Construction Equipment NA will be able to manage assembly work and modifications required by North American dealers and their customers. The center’s primary purpose is to streamline the machine delivery process while maintaining adequate inventory. With this new facility, HD Hyundai will be better equipped to meet dealer needs for complete configurations and advanced hydraulic modifications. “This state-of-the-art facility will help us reduce the lead time needed to get fully assembled machines to our customers,” says Stan Park, president and CEO, HD Hyundai Construction Equipment North America.Longtime logistics partner Wallenius Wilhelmsen will continue to provide logistics support, while the 93,000-sq ft. plant will follow the successful path of HD Hyundai’s predecessor operation in Belgium, which handles similar customizations for Europe.The HD Hyundai customization team will take machines from shipping ready to work ready, for instance fitting excavators with standard or long arms and mass or standard buckets, depending on customer requirements, or equipping them with additional cameras or 2D machine guidance or making them Trimble 3D-ready. For more, visit www.na.hd-hyundaice.com. JLG COMPLETES ACQUISITION OF AUSAJLG Industries, Inc., an Oshkosh Corporation business and a leading manufacturer of mobile elevating work platforms (MEWPs) and telehandlers, announced that Oshkosh has completed the acquisition of AUSACORP S.L. (AUSA), adding to the brand’s compact all-terrain machines for the company’s Access segment. Following the acquisition of Hinowa in 2023, the AUSA acquisition further supports the Oshkosh accelerated growth strategy and strengthens the JLG equipment portfolio.Established in 1956, AUSA specializes in designing, manufacturing, and selling wheeled dumpers, rough terrain forklifts, and compact telehandlers for the residential, civil, and road construction industry.“AUSA’s culture of innovation and quality matches the same standards we hold,” says Mahesh Narang, president of JLG, “and our shared core values around safety, productivity, and sustainability position us well for the future.”With the acquisition, AUSA products will enhance JLG’s line of telehandlers and complement Hinowa’s line of tracked dumpers and forklifts. Both acquisitions help accelerate JLG’s growth into the specialty equipment, agriculture, and landscaping markets while providing its construction and materials handling customers with an even broader array of products.For more, visit www.jlg.com.

SEPTEMBER 2024 www.mcsmag.com10industry newsWERK-BRAU GOLF CLASSIC BENEFITS CONSTRUCTION ANGELSThe second annual Werk-Brau Golf Classic to benefit Construction Angels raised over $100,000 to aid families of fallen construction workers in Ohio. Held on the Scarlet Course at the Ohio State University Golf Club, the sold-out field of 36 foursomes included contractors across the state—from small operations to nationally known companies like Kokosing, Miller Brothers, George J. Igel, and Shelly Company, as well as construction suppliers and those allied to the industry. In addition to the low score medalist honors, the day’s festivities included a “closest to the pin” contest, as well as a unique putting contest—using a compact excavator fitted with a Werk-Brau Tiltrotator and a one-of-a-kind Werk-Brau putter head attachment. “The construction industry in Ohio showed up big time,” says Werk-Brau regional manager and golf outing chairman Neil Recker. “Thanks to the golfers, sponsors, customers, partners, and volunteers who made the day a resounding success. Many Ohio families of fallen construction workers will be helped because of your tireless efforts.”Construction Angels is a non-profit organization that provides immediate financial support and grief counseling to the children and spouse when a construction worker suffers a fatality on the jobsite. For more, visit www.werk-brau.com.INDUSTRY’S FIRST MINI EXCAVATOR SIMULATION TRAINING Featuring exercises in walkaround inspection, side loading, and underground utilities work, the Intellia Mini Excavator Simulator Training Pack from CM Labs Simulations is designed for beginner and advanced operators alike. "We're seeing a growing preference for smaller equipment, as well as more and more mini excavators working near utility lines," says Trin Ruiz, senior product manager at CM Labs. "We wanted to develop a training solution that addresses these needs specifically.”The new training pack features beginner-friendly instruction as well as advanced exercises. “Because mini excavators are often the first piece of equipment novices learn to operate, we wanted to design a curriculum that was beginner-friendly,” says Ruiz.The training pack also features advanced exercises for more dangerous and high-risk work. With the Mini Excavator Training Pack, operators can safely practice side loading, as well as digging around utility lines above and below ground. Detailed metrics track safety violations and performance, allowing organizations to objectively determine when an operator is ready for the field. With more than 1,000 installations across 40 countries, CM Labs is the global leader in providing virtual training tools for the construction, utilities, and ports markets. For more, visit www.cm-labs.com.

SEPTEMBER 2024 www.mcsmag.com12industry newsHITACHI CONSTRUCTION MACHINERY EXPANDS WAREHOUSETo optimize regional dealer and customer support while strengthening the supply chain, Hitachi Construction Machinery Americas announced the addition of a 173,000-sq ft. warehouse in Salt Lake City, Utah. This facility will provide support seven days a week and expedite quick shipping to dealers and customers in the construction and mining markets. Now, when a machine-down event occurs, the western region of North America will have quicker access to parts for their Hitachi machines.“When we were deciding upon the location for this warehouse it was important for us to be close to our customers. While this requires additional investment and complexity for us, our goal is to improve the speed of delivery to our customers, maintain world-class fill rates, and be a highly reliable partner,” says Jeremy Dieterle, vice president, parts Hitachi Construction Machinery Americas.Parts and service support are key drivers of total cost of ownership. Investing in regional warehouses allows Hitachi Construction Machinery Americas to continue to lower the cost of ownership for its customers and ensure that downtime is minimized. Hitachi Construction Machinery Americas warehouses cover several time zones across the Americas to ensure parts are available when needed.For more, visit www.hitachicm.us. CONSTRUCTION INDUSTRY MOST AT RISK FOR FALLS A new study has named construction as the most likely industry to experience falls in the workplace, topping the ranking with an average of 4.72 fatal falls per 100,000 full-time workers each year. Building, grounds cleaning, and maintenance occupations are in second place in the ranking, experiencing an average of 1.53 fatal falls in the workplace per year. Installation, maintenance, and repair is the third most likely industry to experience falls in the workplace. Between 2011 and 2022, the industry had an average of 1.10 fatal falls in the workplace per 100,000 full-time workers.Attorneys at the litigation law firm Callahan & Blaine analyzed data from the National Safety Council between 2011 and 2022 to calculate the average number of fatal falls within each industry per 100,000 full-time workers. This figure then determined the final ranking. The study obtained data from both lower-level falls and same-level falls to determine the ranking. For lower-level falls, the point of contact with the source of the injury was lower than the surface supporting the person at the start of the fall. Meanwhile, same-level falls do not involve the individual falling from an elevated height, and the source of the injury is at the same level as the person at the time of the fall. In 2022, there were 700 fatalities due to lower-level falls in the workplace, with the construction and extraction occupations accounting for 411 of these. For more, visit www.callahan-law.com.

SEPTEMBER 2024 www.mcsmag.com14project profileLight at the EndLight at the Endcustom equipment for a tunnel projectINFRASTRUCTUREIn 2021, the City of Minneapolis Public Works Department approved a $60 million project to overhaul the stormwater tunnel system that moves water from downtown Minneapolis to the Mississippi River. The scope of the three-year Central City Parallel Storm Tunnel Project included enlarging portions of the existing stormwater tunnel, building a new parallel tunnel, and constructing new tunnel access in downtown Minneapolis with the hopes of getting another 100 years out of the renovated system.SCOPE OF WORKPCiRoads, a highway and heavy civil general contractor out of St. Michael, Minnesota, won the bid for the job. The Minneapolis project was the largest job PCiRoads has faced, and Nap Scott, estimator and project manager, knew there would be unique logistics. “This is a major job that’s crucial for the future of Minneapolis’ underground infrastructure,” Scott says. “The amount of concrete involved and the complexity of working far below the streets of downtown made this a standout project.”PCiRoads’ 30-person crew was tasked with installing about 4,200 feet of new tunnel with a total of around 15,000 cubic yards of new concrete. Due to the tunnels lying well beneath downtown Minneapolis, crew members and equipment would need to be lowered by crane down an 80-foot shaft to the worksite. The crew would need to tackle several logistical challenges because of the underground environment, such as dangers from falling rock and close-quarters workspaces. Additionally, new concrete would need to be pumped 1,000 feet into the tunnel, requiring PCiRoads to go through an extensive trial-and-error period to find the optimal concrete slump to pump that far.The scope of the project also included enlarging and repairing the existing tunnel while installing new concrete. PCiRoads was equipped with Brokk remote-control demolition robots for the concrete removal but needed an efficient solution to shape new concrete on the tunnel’s floor. Due to the tunnel’s radius, the old-fashioned method of screeding with a 2x4 wasn’t an option. Mike Clover, concrete superintendent, searched for a more user-friendly, efficient method to shape the concrete tunnel’s invert. By Whitney HayniePCiRoads knew they would need equipment that adhered to the tunnel’s shape, while increasing their productivity for the concrete finishing process, and that a stock product wasn’t going to cut it. Their search for a custom solution led them to a custom drum from Curb Roller Manufacturing.

CUSTOM DRUM“This project needed equipment that adhered to the tunnel’s shape, while increasing our productivity for the concrete finishing process,” Clover says. “A stock product wasn’t going to cut it. I started doing some research online and stumbled onto a picture of a custom drum from a different project that looked similar to what I was looking for.”That custom drum was one Curb Roller Manufacturing engineered for a large stormwater job. From there, Clover reached out to Curb Roller Manufacturing and laid out his required specs—a drum with a 13-inch drop for the tunnel floor that could only extend out a few inches because of the tunnel walls. Curb Roller Manufacturing is known for building innovative, ergonomic equipment for shaping concrete flatwork as well as curb and gutter. For unique projects, they offer custom drums that are powered by the company’s hydraulic roller screed system or by a custom hydraulic power system. Each custom drum is designed for the specific project requirements and uses a spinning motion to shape the freshly poured concrete to create the desired dimensions.On this project, Curb Roller Manufacturing faced a unique challenge due to the limited space and drop downs within the tunnel, which meant using a Hydra-Screed to operate the drum by walking and pulling along each side would not be feasible. Clover and his team would also need a way to finish the concrete after the drum shaped it. To overcome this, Curb Roller Manufacturing devised a custom offset drive system as well as an operator/finishing platform. The platform could be easily coupled to the custom drum carriage or could be operated independently. The offset drive system utilized pulleys to enable operators to stay clear of the pour area, reducing site congestion and maximizing workspace efficiency. While one operator could control the drum's speed from behind it, the pulleys allowed the drive platform and drum to be maneuvered forward by operators positioned outside of the pour area.Curb Roller Manufacturing sent drawings of the custom system to Clover to make sure all the specs were correct, then built the equipment. Once the plans were approved, Clover and company visited Curb Roller Manufacturing’s facility in Kansas for a complete mockup and small pour, showing how everything worked together. By seeing how it worked in action, the demonstration helped avoid costly delays as the equipment would need to be disassembled and reassembled to transport into the tunnel.“For the demo, Curb Roller Manufacturing set all the forms the same width that we need and basically replicated what we were going to do down in the tunnel,” Clover says. “I was a little nervous because the demo was outdoors in the open, but it gave us confidence that the system would work correctly in an enclosed environment. I believe achieving such precision would have been challenging just doing the work by hand.” SAFER JOBTo combat the shortage of construction workers, contractors like PCiRoads are on the lookout for equipment that requires fewer people and less manual labor to remain efficient with a smaller crew.Curb Roller Manufacturing’s equipment fits this need by allowing operators to work upright rather than being hunched over like they would be if they used manual methods for the same work. The machines also provide operators with a small learning curve, so crews remain productive even if they’re shorthanded or inexperienced.While the custom drum is designed for tackling the tunnel invert, there are some areas of the tunnel project where the concrete is mainly flat with a small grade, and the custom tool isn’t required. After tackling these labor-intensive zones with manual labor to start, PCiRoads again sought an innovative, efficient solution that’s less strenuous than screeding the concrete with a 2x4. This led PCiRoads to invest in a Batt Screed from Curb Roller Manufacturing. The lightweight, battery-powered roller screed operates with no cords, hoses, or fumes, providing unparalleled jobsite mobility. Its three-position handle allows for ergonomic operation.“We have a great tunnel crew, and these machines have been great for taking less of a toll on the guys,” Clover says. “The Batt Screed has been phenomenal. I wish I had one right away for this project. In fact, I wish I had one 10 years ago.”ANOTHER 100 YEARSThe Central City Parallel Storm Tunnel Project addressed a critical issue of a growing and developing city. Minneapolis’ 100-year-old storm drain system has been cracking under the growing pressure that comes with an increasingly popular area. The new storm drain system built by PCiRoads with the help of Curb Roller Manufacturing equipment aims to provide the city of Minneapolis with 100 more years of sturdy underground infrastructure. www.mcsmag.com SEPTEMBER 202415for more informationPCiRoads is a highway and heavy civil construction company based in St. Michael, Minnesota. For more, visit www.pciroads.com. Curb Roller Manufacturing is a world leader in shaped concrete roller screeds For more, visit www.curbroller.com.

SEPTEMBER 2024 www.mcsmag.com16project profileRobots for RebarRobots for Rebaradvanced robotics cut project schedule in half By Kristin FornalINFRASTRUCTUREThe Port St. Lucie West Boulevard bridge needed widening as it is a key access point to the I-95 Corridor in eastern Florida. The bridge project is part of a $15.5 million effort that includes a new 3-lane eastbound bridge over I-95 to accommodate projected future traffic volumes. And, with tens of thousands of vehicles using it every day, it couldn’t be shut down for construction for an extended period of time. Shelby Erectors, the subcontractor for Cone & Graham Heavy Construction doing the bridge rebar construction, knew the rebar installation robots developed by Advanced Construction Robotics (ACR) would be the ideal solution to the limited window of time available. Shelby Erectors already had extensive experience as an Integration Partner with ACR and was trained on and became skilled at using their rebar tying robot, TyBOT. Incorporating ACR’s newest robot, IronBOT, to lift, carry, and place the rebar, was the next logical step. CHALLENGESPort St. Lucie West Boulevard is a key access point on the I-95 Corridor in eastern Florida for people and cargo headed to and from the Miami-West Palm Beach metro area. The Florida Department of Transportation’s traffic volume counts show that nearly 50,000 cars and trucks use the boulevard each day. Finding a way to minimize closures and disruptions to traffic was a challenge for this project.Another issue was finding enough people qualified to do the work. The entire construction industry is facing a shortage of skilled workers, including rodbusters. Associated Builders and Contractors estimates that an additional 500,000 workers are needed to meet current jobsite demands in 2024 alone. According to their report, there are several differing factors contributing to the qualified worker gap, including higher than normal retirement rates due to baby boomers, public and private megaprojects tying up large numbers of the available workforce, and low interest in construction careers among young people. To overcome these challenges, Shelby Erectors knew they could complete the job more efficiently by augmenting their crew with the help of ACR’s modern tools of the trade, TyBOT and IronBOT. SOLUTIONShelby Erectors had already been boosting crew productivity with TyBOT for over two years, which made their crew a rational choice for employing TyBOT and IronBOT. "We were excited to be able to have IronBOT and TyBOT work together alongside our crew on this project. We were impressed that we could slash our rebar installation schedule in half while keeping the same crew. We are actively looking for new projects to incorporate both TyBOT and IronBOT in our operations," says Jack Nix, COO of Shelby Erectors, Inc.Port St. Lucie West Boulevard was the first time a project combined the rebar lifting/placing power of IronBOT with the rebar tying power of TyBOT to deliver remarkable savings to construction projects using rebar. IronBOT, ACR’s newest robot, literally does the heavy lifting for you. IronBOT augments construction crews by lifting, carrying, and

placing up to 5,000-lb bundles of rebar in a transverse or longitudinal orientation. TyBOT takes care of the repetitive, backbreaking task of tying rebar intersections so crews can focus on more complex work. Onsite and working within hours, TyBOT self-locates, self-positions, and self-ties more than 1,200 intersections per hour, day or night, rain or shine, while improving jobsite safety. Nix also understood that part of the solution was the willingness of the contractor, Cone & Graham, to use the robot pair on this project. “We were looking for a contractor like Cone & Graham that was willing to let us do that, to bring TyBOT and IronBOT out to the jobsite and to take a chance on doing something different, something new,” Nix says. “It’s a great partnership. We value our partnership with Cone & Graham.”RESULTSWith IronBOT lifting, carrying, and placing rebar, and TyBOT tying the intersections on the Port St. Lucie project, the crew observed a rebar installation schedule savings of 50 percent with shifts reduced to seven from a projected 14. By augmenting Shelby’s crew with ACR’s robots, the same amount of work was completed in only seven days. During the project, IronBOT placed 130,952 lbs. of rebar and TyBOT completed 32,668 ties over 6.5 production shifts. TyBOT and IronBOT completed their work in February 2023.“When you’re incorporating new technology into your project, it’s really about the marathon, not the sprint,” Nix says. “You’ve got to be able to see the big picture, because qualified tradesmen are hard to find, and that’s probably not going to change anytime soon. You have to update your thinking as to what the modern crew looks like. ACR’s rebar robots are the best way to augment your existing crew with technology. It allows us to do the same job with fewer people and do it faster and safer. It worked out well because we were ready to roll with IronBOT, and we were already using TyBOT. We are on the forefront of robotic technology in rebar construction, especially when it comes to these bridge decks.”"I am so excited to see our initial prediction of cutting schedules by at least 50 percent come to fruition on IronBOT’s maiden voyage,” says Danielle Proctor, CEO of Advanced Construction Robotics. “This was a perfect example of how field teams, working alongside our technology, can form a ‘modern crew’ to unleash disruptive productivity levels. This robotic revolution provides innovative construction firms the ability to become game-changers by adopting and putting their modern crew to work.” CUTTING EDGE IMPALEMENT PROTECTIONCARNIE CAP is the most effective way to cap exposed rebar while keeping your workers safe and on the job.National OSHA Compliant • CAL-OSHA ApprovedPatent #5826398, 6073415ORDER TODAY!(888) 743-7725 www.carniecap.comWORKS IN HORIZONTAL, VERTICAL & INCLINATIONAPPLICATIONS✓ ASSEMBLE WITH 2X4 OR 2X6 LUMBER ALREADY ON SITE✓ SAFELY DISTRIBUTES WEIGHT ACROSS ENTIRE SYSTEM✓ NO MORE CAPPING EVERYREBAR!✓ www.mcsmag.com SEPTEMBER 202417for more informationAdvanced Construction Robotics is a world-leading innovator of autonomous robotic equipment, transforming the construction industry by filling the skilled labor gap and increasing overall productivity. For more, visit www.constructionrobots.com.

SEPTEMBER 2024 www.mcsmag.com18management solutionEmployee OwnershipEmployee OwnershipESOPs as a business strategyWORKFORCEContractors using employee stock ownership plans (ESOPs) as a business strategy are on the rise. Fifteen percent of all employee stock ownership plans are sponsored by construction industry companies. That gives contractors comfort and confidence in the viability of ESOP-led business transitions. One driver of the trend is demographics. Construction business owners, on average, are getting older; they're in their fifties, sixties and beyond. Many are saying, “I need to do something with the business.” Doing nothing means an uncertain and potentially costly future. If we look at a business and say, “Let's model out the next decade and look at the amount of cash flow consumed by income taxes,” it's usually a sobering number. An owner might pay as much in taxes over that period as his entire company's worth now.THE ESOP OPTIONTraditional M&A (merger and acquisition) transactions carry many challenges. Even if a company can find a buyer, a selling shareholder will lose a substantial amount of their sale proceeds to capital gains taxes. There’s also no benefit for the management team and employees, and a lot of my clients really want to take care of their team. Many contractors also consider internal buyouts. They say, “I'll sell the company to my management team, and we'll just use the cashflow of the business to buy me out.” The problem: A business uses after-tax cash to fund the buyout, and the selling owner then pays capital gains taxes. When you model it out, the tax losses can sometimes reach 60 percent of the sale amount, and there's often not enough cash to go around. While an ESOP doesn't make sense for every company, construction industry owners either thinking about exiting immediately, or in the next five to ten years, should explore the strategy. One major difference from other transactions is that an employee trust is the buyer in an employee ownership sale—not an outside party. ADVANTAGES OF AN ESOP SALEIn an ESOP transaction, stock can be sold in stages or all at once, so there’s significant flexibility—especially for owners seeking to By George Thacker

www.mcsmag.com SEPTEMBER 202419diversify but stay with the business. Post-sale, the business remains independent, with its board of directors maintaining oversight. Family businesses can even utilize an ESOP to sell a retiring owner’s equity and enable younger family members to maintain equity upside. A host of tax incentives encourage this form of employee ownership. From the owner's perspective, they can sell to an ESOP and defer or eliminate capital gains taxes on the transaction. For the company, it receives income tax deductions equal to the sale amount, and depending on how the transaction is structured, the business can be turned into an income tax-free entity if the business is owned 100 percent by an ESOP.When we consider all the cashflow a business would otherwise distribute to its owners for tax liabilities, an employee-owned company can use that cash to first pay down the transaction debt and then grow the business. Over a 10- or 15-year period, the tax advantages of an ESOP can dramatically change a business’s dynamics because you're able to accumulate capital, make acquisitions, and grow the business. For employees, they can earn stock in the business over time. The longer they're employed, the more shares they get. If we model out the value of equity an employee would typically get over an extended period of time, those numbers are often dramatically superior to anything another retirement account would provide. When you think about the brutal competition for construction industry talent, this benefit can be a difference-maker for firms. So, in addition to liquidity for the owner and all these tax savings, now the company is getting equity and incentives in the hands of employees.WHICH COMPANIES SHOULD CONSIDER?An owner should consider exploring an ESOP if they are thinking about liquidity and diversification, even if this is within the next several years. Secondarily, their company should be generating taxable income. If you have a business that doesn't pay taxes for a variety of reasons—maybe depreciation or just tax losses—that can make an ESOP transaction sort of a square peg in a round hole. It’s partially a tax-driven strategy. When we look at the size of companies, there is certainly no hard and fast rule that says, “If you make this much in earnings and revenue, you can do an ESOP, and if don’t, you can't.” But a rough rule of thumb is that a business should have EBITDA earnings of at least a couple million dollars. There’s no upward limit. Some of the largest contractors in the nation are employee-owned.The other component of this is philosophical. Many owners, all things being equal, would like to maintain the legacy of their business, create ownership opportunities for their management team, and reward their employees. They believe in the power and potential of employee ownership.GOOD ADVICEThe first thing for contractors is to make sure you have the right advisors. There are so many ways you can structure an ESOP. In addition, construction companies have unique issues, whether it's bonding, pre-qualifications, or intensive working capital needs. Those considerations must be factored into the design and financing of an ESOP strategy. An experienced advisor can help you run the numbers. It’s important to have a detailed understanding of the company’s fair market value, structuring options, available tax incentives, potential costs, and post-transaction cash flows to all stakeholders. This should all take place well before a deal is set in motion. A comprehensive analysis can help answer the question, “Does an ESOP make sense?” Because sometimes it doesn't. And then, if an ESOP does make sense, what structure makes the most sense? An employee ownership strategy is highly customizable; you shouldn’t simply be placed in a box.A properly structured ESOP sale can have some truly eye-opening outcomes. Some of the most rewarding days of my job are when I watch a company roll out an ESOP transition and announce to its employees, “There's a new owner of the business, and it's all you guys.” OSHA Compliant Guardrail andStair Rail SystemsSafety Boot® Guardrail SystemStringerShield® Stair Rail System1.800.804.4741safetyboot.com• Non-Penetrating Design• Rugged Steel Construction• Exceeds OSHA Regulations• Simple, Aordable & Reusable• Residential, Multi-Family & Commercial Applications• Unique Free Standing Design• Keep Post Attached For Reuse On Next Level Or ProjectFeatured on osha.gov website!about the authorGeorge Thacker is managing director of CSG Partners, an ESOP advisory firm. For more, visit www.csgpartners.com.

SEPTEMBER 2024 www.mcsmag.com20management solutionShotcrete in ActionShotcrete in Actionbest practices for stabilizing slopesINFRASTRUCTUREShotcrete has revolutionized slope stabilization, offering a quick, reliable fix for mitigating landslides and effectively reinforcing unstable ground. Its versatility makes it ideal for a range of stabilization scenarios, as it can be applied to both natural and engineered slopes and seamlessly integrates with techniques like soil nails and rock anchors. Unlike traditional casting methods that require cumbersome formwork, shotcrete is applied rapidly to even the most irregular surfaces. The process involves projecting a mix of cement, aggregate, and water onto a slope at high velocity, creating a dense, durable layer with performance characteristics generally equivalent to cast-in-place concrete.This solution has become vital for maintaining the integrity of roadways and other critical infrastructure, especially in areas with steep slopes and in high-traffic and high-risk locations prone to heavy rainfall or freeze-thaw cycles that can cause erosion. Its effectiveness, however, hinges on understanding the optimal conditions for use and safe and effective application. SITE REVIEW AND SURFACE PREPAs is the case when entering any jobsite, proper preparation is crucial for success when using shotcrete as a stabilization solution. First, crew leaders should conduct a site safety assessment. This will not only help identify potential hazards but will also determine the appropriate equipment to use. For example, if needing to reach hard-to-access locations, a shotcrete robot may be a better option than traditional shotcrete equipment. The shotcrete robot enables technicians to spray shotcrete remotely, with the assistance of hydraulically powered equipment, rather than by manually holding a shotcrete hose—increasing potential production rates, providing higher-quality installations, and allowing the operator to control the equipment remotely from a safe distance.If the shotcrete must be pumped far distances, horizontally or vertically, it may require the installer to collaborate with the design engineer to make shotcrete mix adjustments that will facilitate a safe and quality installation. It is possible to successfully pump shotcrete hundreds of feet away from the pump with adequate planning and collaboration between contractors and engineers. Improper planning will result in plugs, quality issues, and potential delays to the project. Once safety assessments have been made and equipment considered, the surface will need to be prepped to ensure a strong adhesion is achieved. The substrate should be cleaned and free of loose debris, oils, and contaminants. Seasonally, cold weather concreting best practices should be followed to ensure that the ground surface is protected from freezing prior to the application of shotcrete. The team can then set up the required reinforcement along the site, such as steel mesh, rebar, drain strips, and other drainpipes and outlets that will be integrated into the shotcrete facing. EQUIPMENT CHECKS AND CALIBRATIONEmployees must be up to date with industry certifications and training before stepping onto the jobsite, just as equipment should be rigorously inspected prior to each use. Conduct daily checks to ensure all equipment is accounted for, is set up appropriately, and performs as it should. This includes the tools necessary for site prep, reinforcement, shotcrete application, and personal protection gear. Be diligent in looking for any new wear and tear that could impair the equipment’s efficacy and safety. All shotcrete equipment must also be properly calibrated prior to application. To ensure consistent material delivery, air pressure and feed rates should be adjusted based on the mix and jobsite conditions. Proper nozzle operation is especially crucial in achieving uniform application and waste reduction. High-quality nozzlemen can significantly reduce material waste, which emphasizes the importance of properly trained and By Matthew Reihl, P.E.Ideal for a range of stabilization scenarios, shotcrete can be applied to both natural and engineered slopes and seamlessly integrates with techniques like soil nails and rock anchors.

qualified personnel in controlling the costs and quality of any shotcrete application. Routine maintenance and checks of all shotcrete equipment will also prevent unexpected breakdowns and issues that can introduce hazards, such as blockages during application. EFFECTIVE APPLICATIONWhen applied correctly, shotcrete offers similar strength, density, and durability to cast-in-place concrete while offering a more versatile and economical solution. Shotcrete is applied in layers to gradually build the desired thickness, forming a strong and durable coating. When applied correctly in layers, research by the American Shotcrete Association and American Concrete Institute (ACI) has also proven that no cold joint is formed. During application, avoiding excessive buildup in a single pass is imperative, as it can lead to poor bonding and uneven curing. Maintaining a consistent spraying angle and distance will help ensure uniform application and minimize rebound. The proper application also calls for a shotcrete mix tailored to the specific project requirement. Proper mix design can improve workability, strength and durability, permeability, chloride penetration, and other variables, and should be appropriate for the application, the placement methods, and the environmental conditions—such as temperature fluctuations. Ensuring that the mix and placement method are tailored to the environmental conditions can improve shotcrete quality significantly as compared to placing and curing during adverse conditions. Depending on the aesthetic desired, sculpted shotcrete can also imitate natural rock or create decorative texture. This method requires shaping the shotcrete shortly after it is applied while it is still wet and malleable. LONG-TERM STABILITYShotcrete’s advantages make it a preferred choice for top-down slope stability projects, as well as ensuring safety and increasing the service life of infrastructure. The ability to rapidly apply shotcrete without formwork and its strong adhesion to slopes have become particularly advantageous in emergency situations needing swift stabilization, and where prolonged road closures can cause logistical challenges. By prioritizing thorough site analysis and surface preparation, maintaining proper mix proportions, and employing skilled application techniques and equipment, engineers will continue to demonstrate the effectiveness of shotcrete, while providing a value-add solution for clients and peace of mind for travelers. www.mcsmag.com SEPTEMBER 202421about the authorMatthew Reihl is the director of business development at GeoStabilization International, where he leads a team of highly qualified engineers and geologists and oversees the development of optimized, value-add solutions that mitigate the dangers of geohazards and enhance public safety. Reihl works closely with local, state, and federal agencies to advocate for proactive geohazard mitigation planning and management practices.

SEPTEMBER 2024 www.mcsmag.com22management solutionRevitalizing Outdoor SpacesRevitalizing Outdoor Spacesdecorative concrete in commercial construction BUILDING AESTHETICSDecorative concrete has gained popularity as a transformative element that revitalizes outdoor spaces, particularly in commercial construction applications. No longer seen as just a functional, utilitarian solution, decorative concrete now serves as a versatile canvas for architects and designers looking to create aesthetically pleasing, durable and cost-effective environments.The adaptability of decorative concrete allows for the creation of unique, customized outdoor spaces that not only enhance visual appeal, but also meet the rigorous demands of commercial properties. From bustling plazas and stylish retail exteriors to inviting hotel courtyards and slip-resistant pool decks, decorative concrete offers exceptional design flexibility and performance.BENEFITS IN COMMERCIAL APPLICATIONSKnown for its strength and durability, concrete has been a staple material used in construction for centuries. But with advancements in technologies and design, decorative concrete has evolved beyond its traditional role to encompass an array of techniques and finishes that enhance its visual appeal while retaining a high level of performance. By understanding the key benefits of decorative concrete, commercial construction contractors can make more informed decisions about its application.Some of the biggest benefits of decorative concrete are its strength, longevity, and aesthetic versatility. When properly installed and maintained, it can withstand heavy use and harsh elements—making it ideal for high-traffic walkways, plazas, and pool decks. Decorative concrete offers endless design possibilities—including techniques like stamping, staining, polishing, and exposed aggregate—that can complement any architectural style or landscaping theme for a unique outdoor space.Compared to natural stone or brick, decorative concrete can also be more affordable and easier to maintain, offering a high-end look at a fraction of the cost. These sealed surfaces resist stains, moisture, and UV damage, requiring only routine cleaning to remain pristine. This low maintenance helps to reduce long-term costs for commercial property owners and managers.As an eco-friendly material, concrete contributes to sustainable building practices through its longevity and energy efficiency. Locally sourced materials and recycling potential add to these environmental benefits, helping commercial projects achieve sustainability goals. Decorative concrete also enhances safety in areas like pool decks and walkways with slip-resistance textures, such as exposed aggregate.Yet another key benefit is its ability to add character to any outdoor space by mimicking natural materials like stone, brick, or wood, or by creating unique textures and patterns. An example of this is polished concrete, which can add a sleek, modern look to outdoor spaces.Combining functionality with aesthetic appeal, decorative concrete is an ideal choice for a range of commercial applications. Below are five impactful ways to use decorative concrete:PATIOSDecorative concrete is often used to create inviting patios and outdoor living areas for properties such as hotels, restaurants, and office complexes. Stamped concrete—which involves imprinting patterns onto freshly poured concrete to replicate the appearance of materials like brick, slate, or tile—can offer a cost-effective alternative to natural materials. This technique enables intricate designs that enhance the ambiance and functionality of outdoor spaces.POOL DECKSAround swimming pools, decorative concrete provides both aesthetic appeal and safety. Textured finishes, such as exposed aggregate, enhance slip resistance and ensure a secure environment for guests. Additionally, using cool-touch concrete materials can keep the surface comfortable enough to walk on, even under the hot sun. These features are especially beneficial for commercial properties like resorts and recreational facilities.WALKWAYS AND DRIVEWAYSDecorative concrete can enhance curb appeal by transforming functional walkways and driveways into attractive features that unify a property’s landscaping and architecture. Stained concrete, for example, can offer a more organic, variegated look that enhances the natural beauty of concrete while providing exceptional durability and low maintenance.By Rich Cofoid

GARDEN FEATURESFrom retaining walls to decorative planters, concrete offers a versatile medium for creating custom garden features that blend seamlessly with natural surroundings. These elements can be designed to complement landscaping while providing functional benefits such as soil retention and plant support. Polished concrete, for example, can be used for sleek, modern planters and garden sculptures that add a touch of elegance to outdoor spaces.PUBLIC SPACESParks, plazas, and commercial developments benefit from the durability and design flexibility of decorative concrete. Because they allow existing concrete surfaces to be rejuvenated with new textures, colors, and patterns, overlay systems are ideal for renovating worn-out or outdated concrete without the need for complete replacement. This technique can be used to create unique, inviting public spaces that withstand heavy foot traffic and environmental exposure.ACHIEVING THE DESIRED LOOKEmploying the appropriate concrete mix, sealant, and installation techniques are all crucial to prevent cracking and ensure longevity with decorative concrete—especially in regions exposed to extreme temperatures and freeze-thaw cycles. Professional installation ensures the concrete is properly mixed, poured, and finished to achieve the desired look and performance.Understanding the expected lifespan and performance characteristics of decorative concrete can also help commercial property owners and managers make more informed decisions about their outdoor investments. While decorative concrete is low maintenance in nature, periodic resealing may be necessary to preserve its appearance and protective qualities—particularly in high-traffic areas. Regular inspections and maintenance help to extend the lifespan of decorative concrete surfaces.It’s also important to integrate decorative concrete into a cohesive design that complements existing landscaping, architecture, and other outdoor features. This requires careful planning and consideration for elements like color, texture, and scale to ensure a harmonious result.Decorative concrete represents a fusion of artistry and functionality, offering limitless possibilities for enhancing outdoor spaces. Whether used for designing patios, driveways, or garden features, its versatility and aesthetic appeal make it a preferred choice in commercial construction. www.mcsmag.com SEPTEMBER 202423about the authorRich Cofoid is a senior product and marketing manager at Euclid Chemical, a leading manufacturer of specialty concrete and masonry construction solutions. A 25-year industry veteran, Cofoid manages product marketing for the Increte line of decorative concrete products. His training sessions have been featured at several major industry events, such as World of Concrete, Concrete Décor Show, ASCC, ACI, and AIA. For more, visit www.euclidchemical.com.

SEPTEMBER 2024 www.mcsmag.com24management solutionEvolution of BridgeEvolution of BridgeConstructionConstructioninnovative formwork systems are key INFRASTRUCTUREYour daily commute likely takes you over heavily traveled bridges both large and small, whether you are in your own car or using public transportation. Each span provides crucial connectivity between communities in the region, allowing you to cross a major river, a small stream, or perhaps another roadway below. The burning question: How safe are those bridges you cross every day? According to the American Road and Transportation Builders Association, one in three bridges across the United States needs to be repaired or replaced. Even more alarming: Seven percent are structurally deficient. This means that more than 75,000 bridges in America are in urgent need of significant repairs. Some are literally approaching the end of their anticipated lifespan. Passed into law in 2021, the $1.2-trillion Infrastructure Investment and Jobs Act is aimed at repairing 65,000 miles of roads and 1,500 bridges. As a result of decades of neglect, the record-setting investment has activated more than 40,000 projects around the nation. This has precipitated another challenge: An acute shortage of skilled workers. Older workers are retiring at an accelerated pace, fewer young workers are entering the profession, and construction firms are struggling to fill openings. For the nation to make good on its investment, those same firms must rely on recent innovations in bridge formwork, all aimed at making the construction process safer, faster, and more efficient. The primary objective: Remove the complexity for workers on the job site. PRE-ENGINEERED SYSTEMSPre-engineered formwork systems are part of the answer to this complex equation and are becoming increasingly popular. Versus being built from scratch and implemented on the job site by skilled workers, these systems include a simplified set of parts and connections, moving most of the engineering into the system and reducing chances for error in the field. With a more optimized process, quality control, and automation, components can be produced faster than other systems on a construction site. Pre-engineered formwork plays a significant role in efficient bridge construction by reducing the need for as many on-site laborers, contributing to enhanced worker safety by reducing hazards, onsite accidents, and injuries. An example of this innovation is PERI USA’s Variokit Pier System (VPS). Offering versatility, rentability, and top-notch performance, the VPS system integrates the strengths of traditional dancefloor systems and self-spanning systems. The result provides higher productivity and lower costs with a reduction in safety risks. VPS caters to dancefloor and steel girder formwork users, providing a singular solution for identical structures and ones with various dimensions. While offering flexibility, VPS ensures a simplified process to take the platform apart in only two pieces and reassemble again on the next cap with less manipulation, resulting in less time. With a simplified group of components, reduced quantity of bolt connections, and the innovative one-sided X-bolt, the room for user error is minimized, providing crews a hassle-free solution.The success of VPS was on display in construction of the IH-820 Southeast Connector in Fort Worth, Texas. When rebuilding more than 15 miles of major interstates, crews were in search of a modular system that could accommodate various cap forms, along with the requirement to adapt existing equipment. The long-awaited project was designed to relieve congestion and increase safety and efficiency for travelers for the entire Metroplex.BALANCED CANTILEVER Another commonly used method in bridge construction is the balanced cantilever method. The balanced cantilever method completes the superstructure of the bridge using cantilever arms projecting from bridge piers. This method is typically employed when spans are greater than 300 feet, bridge deck spans over existing travel ways, or when there is a limited accessibility for cranes and other equipment. Specifically engineered for this type of construction, PERI’s Variokit Balanced Cantilever (VBC) system is a combination of load-bearing, specially developed components and Variokit core components to complete the supporting structure and formwork. The balanced cantilever equipment can be adapted flexibly to accommodate a wide range of bridge cross-sections and geometries.The first use of the system in the United States was at Los Angeles International By Dan Straub

Airport, which recently built a 2.25-mile Automated People Mover (APM) to alleviate travel congestion to and from the terminal. As part of the project, crews had to build the APM tracks over operational roadways with little to no disruption to traffic, which meant traditional falsework methods could not be utilized. PERI stepped in to design a cast-in-place segmental bridge construction method utilizing formwork travelers. The PERI VBC system reduced construction time with high load-bearing capacity, integrated hydraulics, and safe access solutions. With VBC, crews could transfer fresh concrete loads into the supporting structure and move formwork from section to section easily.WHAT’S NEXT?Across the nation, construction firms of all sizes are responding to the recent investment in infrastructure. As local, state, and federal entities fund and advance projects to fulfill this investment, those same firms are grappling with the ongoing impact of a skilled worker shortage, a dilemma that may take years to resolve. Innovative formwork solutions for bridge construction can help to bridge this gap. They represent the very latest engineering solutions and are all aimed at making bridge construction simpler, safer, and faster. Easy-to-use, customizable systems that offer solutions for today’s construction projects— systems that also require minimal expertise to assemble and operate on site—can help the nation realize the promise of a once-in-a-generation investment. It is an investment all aimed at making the daily commute safer for millions of Americans. www.mcsmag.com SEPTEMBER 202425about the authorDan Straub is civil segment manager at PERI USA, which produces cut-to-size plywood panels and special formwork of all kinds—from simple formats and box-outs to 3D formwork units for once-only applications. For more, visit www.peri-usa.com.

SEPTEMBER 2024 www.mcsmag.com26management solutionFinish Projects FasterFinish Projects Fastertips and tricks for quicker job completionSCHEDULINGSeveral years ago, we were the general contractor on a 70,000-square-foot concrete tilt-up office and manufacturing building for a major company. The project superintendent, concrete foreman, and I were on the jobsite discussing the job schedule and when the tenant was expecting to move in. The two project team leaders weren’t exactly sure what the exact move-in date was, nor the contract completion date, nor what the City required for a final inspection and certificate of occupancy, or what it took to get the utilities turned on. This was not a comforting thought, considering this project team was supposed to oversee the $5,000,000 project. I questioned them about the required building and fire department inspections, planning department landscape review, the electrical utility company’s installation schedule for the transformer and meter, the phone-line install date to allow us to perform the fire alarm testing, and the security system completion. I remember there were a lot of blank stares and no firm answers to finishing the project completely.POST THE DATESOur company builds this project type often and typically calculates the cost and project requirements based on a 7- to 8-month total completion schedule from groundbreaking to move-in. Our contracts always specify the start and completion dates. In the first project meeting with our customers, these dates are confirmed and documented to avoid issues at the end of the project when people tend to forget what was said and committed eight months earlier. I recommend the team post these critical dates in the minutes of every weekly customer meeting, and on the job office wall in bold letters for all to see. I suggest they post the start date; completion milestone target dates (including foundations, slab, exterior walls, roof structure, rough framing, drywall taping, floor coverings, final inspection, utilities on, and punch-list completion); and the final contract completion date. With these dates clearly posted and tracked, the team will stay focused on the tasks required to complete the job on time.A project team without a clear knowledge of the contract completion date or an understanding of what’s required to make things happen is a disastrous predicament for a construction company. Finishing projects late means you’ll surely spend more than the budgeted costs for field labor, equipment, supervision, general conditions, temporary facilities, and utilities. In addition, your customer will be unhappy, and you likely end up in a dispute over delays and damages with your customer and subcontractors. And even more important, your customer will tell everyone that your company finished later than promised.SPEND A LITTLE, MAKE A LOTAt our jobsite meeting, I next asked the project team leaders when they were planning on tilting or erecting the building exterior concrete wall panels. Erecting tilt-up wall panels is a critical path item when building warehouse buildings from the ground up. The team told me they had scheduled the 100-ton crane to erect panels in mid-November. I was thinking: Three more months. That seems way too long and won’t leave enough time to finish the project and meet our contract completion date! By George Hedley

I asked them how they arrived at the mid-November lift date. They said they had all decided it was reasonable, doable, and makeable, in order to be ready for the crane. I asked if they had checked the construction contract, schedule, or budget estimate to see if mid-November would work or fit within the project goals or move-in dates. They hadn’t, and in fact, neither of them knew the contract completion date or the move-in requirements for the project. I was a little upset, to say the least.Rather than fire them both on the spot, I decided to see if I could coach them to produce a better result for themselves, the company, and our customer. I asked if they could possibly move the date up a few weeks. They hesitated and shook their heads “no way” in protest.So, I encouraged them to think about how they could move the job a little faster. They had no ideas. I next offered them both a $2,000 incentive bonus if they erected all the walls by October 31st. Guess what happened? They both changed their tune in a hurry, agreed, promised, and guaranteed they could easily and would surely finish two weeks faster. Not a bad investment for me. A $4,000 investment versus our 15-man crew working for two weeks longer than expected ($44,000 minimum savings). The end of the story is they tilted-up the walls on October 26th. I gave both the superintendent and foreman $2,000 each plus every crew member $250 for their extra efforts. OFFER MORE TO GET MOREWhat games, bonuses, and incentives can you offer to entice your crews to work faster and boost your bottom-line? Faster jobs equal more money in your pocket. Try different incentives like competitions between crews, games to beat the budget, challenges to finish ahead of schedule, hardware store coupons for no defect or punch-list items, catered barbequed jobsite lunches for meeting milestones, dinner gift cards for crews who hit important targets, winter jackets for no jobsite accidents, or anything else that will keep work fun, exciting, interesting, and competitive. Take time to teach your people how difficult it is to make a profit. Explain that these bottom-line boosters make a big difference. Your job is to focus on positive factors you can use to influence your team to perform the best they can. Determine what tips and tricks you can use to achieve your goals, post the schedule completion dates for all to see, and offer some incentives to beat the schedule. www.mcsmag.com SEPTEMBER 202427about the authorGeorge Hedley CPBC is a certified professional construction business coach and speaker. He helps contractors build better businesses, grow, profit, improve estimating and field production, and get their companies to work. He is the best-selling author of Get Your Construction Business To Always Make A Profit! available at Amazon. For more, visit www.constructionbusinesscoaching.com or contact gh@hardhatbizcoach.com.

SEPTEMBER 2024 www.mcsmag.com30equipment solutionLoaded with TechLoaded with Techjohn deere rolls out e-drive production class loadersWHEEL LOADERSBy Sam GuinanEngineered for the demanding conditions of the construction jobsite, the new technology-packed John Deere X-Tier Wheel Loaders are an ideal solution for customers looking to benefit from better fuel efficiency, enhanced productivity, and more operator comfort.“In a market where efficiency and sustainability go hand in hand, we are proud to lead the way with our E-Drive 744 and 824 X-Tier loaders,” says Katie Voelliger, product marketing manager, John Deere. “These

production class loaders are not just about saving our customers downtime and costs associated with ownership, but they also embody our commitment to offering premium features, hybrid solutions, and advanced technologies on machines of all sizes, including our large wheel loaders.”The new 744 and 824 X-Tier loaders feature the John Deere exclusive Electric Variable Transmission (EVT) E-Drive system. Both models will feature a JD9 diesel engine as the primary power source, however, the torque converter and traditional transmission have been replaced by the EVT system, offering more efficiency. In addition, the E-Drive component provides instant power, while simplifying operation and reducing complexity. These machines not only boast significant reductions in annual fuel costs due to their hybrid design, but also, enhanced productivity features ensure up to a seven-percent total cost-of-ownership lifecycle advantage over conventional drive systems. EASY OPERATIONFocusing on cab comfort, operators can expect a quieter cab environment attributed to the constant engine speed. Features include premium seats and an AM/FM radio with Bluetooth capabilities. Also, if customers are hauling material over longer distances, like those seen in aggregates and roadbuilding applications, the addition of the Tire Pressure Monitoring System can help increase tire life and lower fuel consumption by ensuring tires maintain proper inflation.Improving awareness and safety, both models provide increased visibility and situational awareness. With the Advanced Vision System and Advanced Object Detection, operators can enjoy an improved range of view on both sides of the loader and better visibility beyond conventional mirrors. Also, dynamic reversal projected path lines assist with visualizing the anticipated reversal path to ensure a better line of site. The deluxe LED lights on the 744 and 824 X-Tier also help amplify vision in tough-to-see settings.In terms of controllability, the 744 and 824 X-Tier loaders offer easier operation. Equipped with John Deere exclusive Pile Slip Assist, operators can experience proactive differential lock ahead of pile engagement which reduces tire slip, improves bucket fill, and lowers cycle time. The EVT also reduces complexity by allowing for a more instantaneous response with fewer operator inputs and the use of one pedal for operation. Lastly, both models offer two fuel-efficient operational modes including Standard Mode and Performance Mode. Default Standard Mode delivers up to 25-percent reduced fuel consumption while ensuring productivity. Performance Mode makes productivity the top priority with 5-percent increased performance and 15-percent reduced fuel consumption. www.mcsmag.com SEPTEMBER 202431for more informationDeere & Company is a global leader in the delivery of agricultural, turf, construction, and forestry equipment. For more, visit www.johndeere.com.

SEPTEMBER 2024 www.mcsmag.com32equipment solutionCompliance Meets Efficiency Compliance Meets Efficiency lit axle specification for contractor leetsTRANSPORTATIONIn the world of construction, every pound of payload matters. For contractor fleet operators, maximizing load capacity while adhering to stringent regulations is a constant challenge. Lift axles have emerged as a critical solution to this balancing act, allowing for increased payload and improved vehicle versatility. However, specifying the right lift axles for your fleet requires a deep understanding of both regulatory requirements and operational needs. This article aims to guide you through the intricacies of lift axle specification, ensuring your fleet remains compliant, efficient, and profitable.REGULATORY LANDSCAPEBefore delving into the technical aspects of lift axle specification, it’s crucial to understand the regulatory framework that governs their use. The cornerstone of modern truck weight regulation in the United States was most recently set by the Federal-Aid Highway Amendments of 1974. This legislation established the current weight limits that still apply today:• 80,000 lbs. gross vehicle weight (GVW)• 20,000 lbs. for single axles• 34,000 lbs. for tandem axlesImportantly, these amendments also introduced the Federal Bridge Formula, a complex calculation that correlates a vehicle’s weight to its length, ensuring that heavier vehicles distribute their weight over a longer footprint to protect bridge structures.However, the regulatory landscape is far from uniform across the United States and Canada. Many states have grandfathered higher weight limits, while others impose additional restrictions on lift axles. For instance, Alaska doesn’t consider lift axles within the power unit’s drive group when calculating legal weight. California effectively restricts vehicles to a single lift axle and requires it to distribute weight within ±10 percent of the average axle load in its group. Georgia doesn’t factor the presence of a lift axle into authorized gross weight calculations. Illinois limits straight trucks to a maximum of four axles.Given these variations, it’s imperative for fleet operators to thoroughly research and understand the specific regulations in each state where their vehicles operate. This knowledge forms the foundation for proper lift axle specification.LIFT AXLE TERMINOLOGYTo effectively communicate with suppliers, technicians, and regulators, fleet operators must be familiar with lift axle terminology. Here are some key terms to understand:Lift Axle: Lift axles can go by a variety of different names; auxiliary axle, liftable, pusher, tag. A lift axle is a non-driven suspension designed to increase payload and comply with bridge law. Pusher Axle: An auxiliary lift axle positioned ahead of the drive suspension.Tag Axle: An auxiliary lift axle that trails behind the drive suspension.Travel: Total vertical movement range of the lift axle, measured at the axle’s spindle centerline.Lift: The specific height that the lift axle can be raised off the ground.Caster Angle: The angle between the steering axis and the vertical axis of a wheel, crucial for proper tracking and alignment.Site or Creep Travel Rating: The rating beyond the suspension’s listed capacity for when auxiliary axles are lifted in a construction site for improved maneuverability and traction.Center of Gravity (CG): The point where the cumulative mass of a vehicle effectively concentrates, critical for maintaining stability and meeting braking system validations.NON-STEER VS. SELF-STEER LIFT AXLESOne of the primary decisions in lift axle specification is choosing between Non-Steer and Self-Steer options. Each has its advantages and considerations:Self-steer lift axles are preferred by 70-80 percent of industry professionals. These axles feature an inbuilt caster angle for passive alignment with the truck’s direction. They eliminate the need for lifting during tight turns, reducing tire and pavement wear. It is recommended to use an automatic lift mechanism or steer-lock feature for reversing when using.Non-steer lift axles offer a simpler design. These axles are preferred by some because of lower purchase and maintenance costs. They need to be lifted during sharp maneuvers to avoid excessive wear. Unlike self-steer axles, they contribute to the vehicle’s roll stability.For configurations employing multiple lift axles, it’s crucial to ensure that the primary By Kirt Weaver

drive axle suspension has a sufficient creep rating to handle the lift. Additionally, when using self-steer lift axles, consider upgrading to a vocational suspension system capable of compensating for the reduced roll stability.SPECIFYING, STEP BY STEPFirst, gather the initial information. Determine the type of lift axle needed (pusher or tag, Non-Steer or Self-Steer). Identify the required capacity based on your typical loads and regulatory limits. Note the type of drive axle(s) suspension in use. For Non-Steer options, specify the wheel configuration to ensure correct stud length.Take precise measurements. Measure the frame height at the centerline of the future lift axle installation point.Determine the ride height for both loaded and unloaded trucks: For loaded trucks, measure the frame height (A) and subtract the loaded tire radius (B). For unloaded trucks, account for additional deflection due to suspension and tire compression.For pusher axles, measure the driveshaft clearance to avoid interference. Consider the air control systems. Choose between integrated and non-integrated air controls. Integrated systems offer several benefits, including precision assembly by experienced technicians, significantly reduced installation time, simplified connection with color-coded ports, and they ensure sufficient air volume via the included air tank.Evaluate the additional options. Consider features that can enhance performance, durability, or safety based on your specific operational needs. These might include advanced steering mechanisms for improved maneuverability, enhanced durability features for harsh environments, and additional safety systems.Verify that your chosen configuration complies with both federal and state regulations in your areas of operation. This may involve: • Checking axle spacing against federal and local bridge laws• Verifying that the total number of axles complies with state-specific restrictions• Ensuring that the lift axle controls meet state-specific placement requirementsRemember that properly specifying lift axles for your contractor fleet is a complex but crucial process. By following this comprehensive guide, you can ensure your lift axles not only comply with regulations but also optimize your fleet’s performance and profitability. www.mcsmag.com SEPTEMBER 202433about the authorKirt Weaver is North American sales manager - fleets for Link Mfg. For more, visit www.linkmfg.com.

SEPTEMBER 2024 www.mcsmag.com34equipment solutionPerfect PairingPerfect Pairingthe right attachments for your concrete job siteCONCRETE ATTACHMENTSBy Ola Agboola

With powerful hydraulics and rugged durability, excavators, compact track loaders, and skid-steer loaders are typically the machines of choice for concrete contractors. Plus, a variety of attachments are designed specifically for concrete work and provide job-matched speed and efficiency when it’s time to demolish, dig, level, pour, and clean up the job site. Simply put, pairing the right attachment with your compact loader can make all the difference when it’s time to tackle concrete work. Here are a few key attachments to consider on your concrete job site: DROP HAMMER The drop hammer breaks and demolishes concrete by fracturing the material below the surface. It delivers more than 3,600-foot-pounds of impact energy combined with a fast cycle time of 20 blows per minute, all while generating little noise and vibration. This means less wear on the machine and less noise for operators and bystanders. The Bobcat drop hammer utilizes the Bob-Tach Mounting System, which makes easy work of attaching and detaching the drop hammer from the loader, allowing operators to spend less time on attachment changes and more time on the job. BREAKERS Hydraulic breakers turn your machine into a powerfully precise demolition workhorse, breaking through concrete, rock, and asphalt effortlessly. The hydraulic breaker’s auto power regulates pressure automatically, ensuring its operation regardless of changes to outdoor temperature. Additionally, the upper and lower shock absorbers isolate the breaker, reducing noise and vibration to deliver operator comfort without sacrificing performance. Nitrogen breakers are a perfect attachment for breaking reinforced concrete slabs or other tough demolition work. The long piston stroke, combined with a unique valve design, maximizes impact energy and minimizes recoil while reducing strain to the carrier’s hydraulic components. The working tool is heat-treated to specific hardness targets for low wear in high-impact applications. CONCRETE MIXER Operators can turn their Bobcat compact loader into an efficient concrete mixer with this rugged, cost-effective attachment that allows you to work in hard-to-reach or limited-access areas. The concrete mixer can mix, transport, and dump concrete more quickly than a traditional, stand-alone mixer and wheelbarrow, and its compact size is perfect for sidewalks, driveways, finish work, fence posts, and footings and floors of small buildings. CONCRETE PUMPThe Bobcat concrete pump simplifies concrete pouring in hard-to-reach locations and can pump as far as 250 feet horizontally and up to two stories vertically. Standard hydraulic-flow loaders can place up to 18 cubic yards of concrete per hour, while the high-flow loader places up to 28 cubic yards per hour. Even better, the pump’s control panel swivels, which allows for easier operation on your job site. ANGLE BROOMWhen concrete has cured, angle brooms efficiently sweep to create a cleaner path, clearing dirt, dried mud, light snow, and other debris. Bobcat’s 64-inch and 84-inch angle brooms can reverse bristle rotation for enhanced cleaning along curbs, corners and around obstacles. This attachment allows operators to complete their concrete work with a clean finish and maximum efficiency, thanks to its compact and highly maneuverable design. Bobcat always has your back when it comes to making concrete work easier. Pairing the right attachment with your compact equipment will help you tackle the toughest concrete challenges with ease. www.mcsmag.com SEPTEMBER 202435about the authorOla Agboola is marketing specialist for Doosan Bobcat. For more, visit www.bobcat.com.

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SEPTEMBER 2024 www.mcsmag.com38environmental solutionFirst Electric Backhoe LoaderFirst Electric Backhoe Loaderzero-emissions, low-noise machinesCASECase Construction Equipment expands its EV toolbox for urban construction, municipal crews, utility teams, and other contractors with the commercial release of its 580EV, the industry’s first electric backhoe loader. Marking a new milestone in emissions-free productivity on the jobsite, the EV backhoe loader will soon be followed by the availability of two additional EV machines—the CX25EV 2.5-metric ton mini excavator and the CL36EV 3.6-metric ton compact wheel loader. The new Case EV equipment offers crews zero-emissions, low-noise solutions for a wide range of jobsite demands—from overnight construction, to work in urban centers or other close-quarter environments where noise and emissions must be kept to a minimum. The EV offering matches the performance and power of its diesel counterparts while delivering unique advantages like lower fuel costs and less maintenance. “Case EV offerings are all about unlocking more opportunities for our customers,” says Terry Dolan, vice president, North America, Case Construction Equipment. “With the 580EV electric backhoe loader, we took an industry staple and designed it as a purpose-built EV to help crews meet increasingly unique jobsite demands and win more contracts on projects that prioritize sustainability criteria.”ELECTRIFIED WORKHORSEThe new Case 580EV electric backhoe loader carries over the same dimensional loading and digging specifications and delivers the same breakout forces as the popular four-wheel-drive, 97-horsepower Case 580SN diesel model—marking an upgrade in performance since the company first debuted its Project Zeus electric backhoe concept at CONEXPO in 2020. With this new production unit, Case took customer feedback and optimized everything from thermal management to operator controls to electrify a machine with comparable specs to the widely used 580SN. Case also included new features, like an 8-inch color display, air conditioning, a front-dash display, and adjustable four-corner, multicolored LED strobe lights.Powered by a 400-volt, 71-kilowatt-hour lithium-ion battery platform that’s charged with the same type of Level 2 J1772 adapter found in automotive EVs, the new electric backhoe loader delivers up to eight hours of operational run time on a single charge, depending on the application. The battery platform uses an advanced thermal management system with system-specific cooling circuits to better regulate temperatures and help maintain performance in hot or cold conditions. “Designing this machine from day one as a purpose-built EV instead of a retrofit has enabled a slew of practical innovations,” says Brad Stemper, product management lead, North America, Case. The four-wheel-drive 580EV uses two independent electric motors for the PowerDrive transmission and hydraulic pumps feeding the loader, backhoe, and steering systems to minimize energy consumption and improve performance in loading applications. The 14-ft. backhoe also includes an Extendahoe to boost reach, while features like ProControl swing dampening, PowerLift/PowerBoost and electrohydraulic controls improve precision and ease of use on the jobsite. Electrification also provides instantaneous torque response and peak torque at any RPM, so operators don’t need to wait for an internal combustion engine to ramp up to meet load demands. The EV machines give crews more ways to get work done productively and efficiently while minimizing carbon footprints. for more informationCase Construction Equipment is a global full-line manufacturer of construction equipment that combines generations of manufacturing expertise with practical innovation. For more, visit www.casece.com. By Rebecca Bortner

SEPTEMBER 2024 www.mcsmag.com40technology solutionAntimicrobial ConcreteAntimicrobial Concretemicroban and marmac partner to prolong life of concreteADMIXTURESA new concrete protectant integrates antimicrobial technology into a concrete admixture. Microban International, global leader in antimicrobial solutions, and MarMac Applied Infrastructure Sciences (AIS) announced a new partnership focused on developing, testing, and producing products that protect and extend the life of concrete infrastructure.The partnership debuted in the launch of MarMac’s Concrete Admixture AMX 5500, which successfully integrates Microban’s antimicrobial technology to inhibit damaging bacterial growth in treated concrete. Designed for use in all forms of concrete, this antimicrobial admixture provides an innovative new solution for the building materials industry to help prevent both staining and Microbial-Induced Corrosion of Concrete (MICC).“Microban’s partnership with MarMac is a story of like-minded innovators seeking solutions for our customers,” says Steve Lutes, director of business development at Microban. “This is an exciting collaboration. Integrating antimicrobial technology into the manufacturing process of building products can help avoid product degradation, and we’re thrilled to see this product sustainability solution come to life with MarMac.”By utilizing Microban antimicrobial technology, AMX 5500 creates an inhospitable environment for bacteria growth because the active ingredient works to rupture the microbial cells and terminally disrupt the cell walls of fungi, molds, and mildew. The product protection won’t alter the visual appearance of cured concrete, won’t wash away, and lasts the lifetime of the treated structure.“Our customers came to us with this problem, and Microban stepped up immediately to provide the best technologies and product to help,” says Jamie Martin, president of MarMac’s AIS division. RANGE OF APPLICATIONSMicroban-powered AMX 5500 is ideal for all construction environments and particularly important for products used in humid and challenging environmental conditions, such as sewer/sanitary infrastructure, where sulfide producing microbes commonly damage critical infrastructure. AMX 5500 is also effective in reducing aesthetically damaging stains from molds and mildews in a wide variety of commercial and residential concrete, from parking garages and commercial buildings to sidewalks, driveways, patios, and pool decks. The product may be used in any new concrete structure requiring permanent product protection from bacterial growth and MICC, based on standard lab test method ASTM C1904-20.In fact, ASTM testing of the MarMac’s Concrete Admixture AMX 5500 with Microban has shown that treated concrete retains 42.1 percent more strength compared to untreated concrete in controlled laboratory degradation testing. Independent and third party testing also certified AMX 5500 to be effective in the inhibition of mold and mildew growth staining in and on concrete. Additionally, AMX 5500 is safe to use and has minimal potential environmental impact. “We were able to design a water-based, ultra-low VOC formulation, which when used properly is both safe and effective,” states Dr. Timothy Boone, director of formulations at MarMac AIS. “This product reflects our commitment at AIS to take advantage of very new technologies to create safer and more effective chemistry products which help protect our world’s infrastructure.” The application of Microban for the building materials industry and the partnership with MarMac is a continuation of Microban’s history of custom formulating for customer applications and criteria.“We’re committed to helping manufacturers across multiple industry sectors improve their products through use of Microban antimicrobial technologies,” says Michael Ruby, president of Microban. “We are proud to help power MarMac products for the residential, commercial pour-in-place, and precast concrete infrastructure markets in prolonging the functional life and aesthetic performance of concrete through AMX 5500. We look forward to expanding our partnership in the future to develop more cutting-edge solutions for downstream concrete customers.” for more informationMarMac Applied Infrastructure Sciences is a chemical, engineering, and formulations research and development laboratory focused on producing cutting-edge polymeric coatings, concrete admixtures, and surface treatments for below-grade and above-grade structures. For more, visit www.marmac.com/ais/. Part of Barr Brands International, Microban International is home to well-known global brands in the antimicrobial, odor control, and sanitization/disinfection markets, Microban and Ultra-Fresh. For more, visit www.microban.com.By Maria Diefenbach

SEPTEMBER 2024 www.mcsmag.com42legal solutionWhen All Goes AwryWhen All Goes Awryanalyzing legal considerations of root-cause analysesACCIDENTSSomething goes wrong—perhaps the collapse of a structure during construction, the serious injury of an employee on the job, or an accident with a piece of equipment. Litigation appears inevitable, and government regulations or the business’s own policies and procedures may mandate a root-cause analysis. Corporate clients commonly ask whether they need to produce these internal analyses if a lawsuit ensues. The answer requires understanding what legal basis a business might have not to disclose certain information. Two of the most common bases for withholding information are when attorney-client privilege or the work-product doctrine protects the information.As the Supreme Court of the United States noted in the 1981 case Upjohn Co. v. United States, attorney-client privilege is the “oldest of the privileges for confidential communications known to common law.” While the definition and extent of attorney-client privilege vary by jurisdiction, attorney-client privilege generally protects communications between a client and an attorney for a legal purpose. Importantly, that privilege may be lost or waived in certain circumstances when communications include third parties.The work-product doctrine protects materials—documents and other things—which are prepared in anticipation of litigation. Notably, the product need not be prepared by an attorney to be protected; however, materials reflecting an attorney’s mental impressions, conclusions, opinions, or legal theories are generally afforded much higher protection. On the other hand, courts generally allow discovery of “fact” work product if another party shows “substantial need.”LACK OF PROTECTIONReturning to root-cause analysis, where a business conducts such an analysis and discloses the report for any purpose, courts virtually always find that the reports do not retain any protection. Where not disclosed, courts do not apply a blanket rule of work-product immunity to reports or other materials that result from companies’ internal investigations, such as these root-cause analyses. Instead, courts apply a number of context-dependent factors. By including counsel early and keeping these factors in mind when conducting root-cause analyses, businesses can increase the chances that the resulting reports will enjoy immunity from discovery.The nationwide trend is to reject blanket protection for internal investigations. Instead, courts focus on anticipation of litigation when they decide whether documents deserve protection. For reports of internal investigations, like root cause analyses, the challenging element of the work-product immunity is whether the report was “in anticipation of litigation.” Courts apply tests that range from “imminent” to “some possibility of litigation.” This element requires a business to show that the prospect of litigation, instead of other pressures, motivated the business to prepare the documents in question. The work-product doctrine generally does not protect documents generated during investigations mandated by an external requirement, such as government regulation, or an internal requirement, such as corporate policy. Because of this “motivation” factor, a business might hesitate to adopt blanket policies that require internal investigations under certain circumstances. An adversary might point to such a policy to show that the policy, not the prospect of litigation, led the business to prepare the documents in question. Courts, however, do not treat the existence of such a policy as a disqualifying factor in every case. An important decision that deals with root-cause analyses is Transocean Deepwater, Inc. v. Ingersoll-Rand Co., a 2010 case from a federal court in Louisiana. In that case, an employee was injured while using a winch. After settling the employee’s claims, the employer subsequently sought indemnity and contribution from the distributor of the winch. The distributor moved to compel the production of the employer’s root-cause analysis and argued that the employer prepared this analysis in the ordinary course of business. The employer, in contrast, argued that the report was a work product because it was prepared in anticipation of litigation, during an investigation in which outside counsel participated. The employer emphasized that outside counsel reviewed the report and made handwritten revisions. The employer also noted that, given the severity of the accident, litigation was inevitable. The court accepted all of these arguments and held that the work-product doctrine protected the report. The court wrote, “While the Court recognizes that the work-product doctrine does not protect all Root Cause Analysis Reports as many are created in the ordinary course of business, the Court’s review of the law here and the Report itself reveals that the work-product doctrine protects this Report.” The court By Dixie Wells and Chris Flurry

reasoned that the severity of the incident—the amputation of three toes through a steel boot—rendered litigation imminent. Moreover, the court found the participation of counsel in the investigation and the drafting of the report, including revisions to the draft report by counsel, buttressed the court’s conclusion that the report was non-discoverable. When courts have favored work-product immunity in these settings, they have noted factors like these: • The investigation is qualitatively different from other investigations.• Counsel played a role in initiating and participating in the investigation.• The investigation and participation of counsel were not standard company practices.• Documents that start the investigation mention litigation and risk, rather than emphasizing business issues and downplaying risk.• The language of the documents shows litigation is anticipated.Some courts have recognized a self-critical analysis privilege that may protect internal investigations and root cause analyses, based on the idea that organizations should be able to undertake candid, critical self-assessments to improve their procedures yet might be hesitant to do so if it could be used against them in litigation. However, most courts considering the issue have not found the self-critical analysis privilege to apply to internal investigation documents, like root-causes analyses. In sum, the self-critical analysis privilege may be asserted as an alternative argument against disclosure of sensitive documents relating to internal investigations, but it should not be relied upon to provide protection. BEST OUTCOMEThe best possibility for protecting such documents likely remains assertion of the work-product doctrine. Involving counsel early in the investigative process is the best way to ensure work product is identified and treated appropriately. In addition to increasing the likelihood that materials remain protected, counsel can assist in navigating special considerations with employee witnesses, helping ensure evidence is safeguarded, assessing legal risks and opportunities, and communicating effectively with stakeholders inside and outside the business.While the answer of what to do when all goes awry will vary, including legal counsel early in the process can help to ensure that the investigation itself does not become the “something that goes wrong.” www.mcsmag.com SEPTEMBER 202443about the authorsDixie T. Wells is a partner in the Greensboro, North Carolina, office of Ellis & Winters LLP. She can be reached at dixie.wells@elliswinters.com. Chris Flurry is an attorney in the Raleigh, North Carolina, office of Ellis & Winters LLP. He can be reached at chris.flurry@elliswinters.com.

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