Construction weekly july 15, 2016

Volume 28, Number 24 • July 15, 2016

Construction Weekly

A BROKEN PROMISE…WRITTEN VERSUS ORAL CONTRACTS

By: Sharice B. MarootianAbdulaziz, Grossbart & Rudman

Let’s focus on a legal issue that comes up for us attorneys many times – contracts, and particularly whetheror not you have a binding contract with someone else. More and more, I get asked by friends, clients, familymembers about what they can do to collect money that is owed to them. My first question often times is,“well, do you have a contract with the person?” More often than not, the response is, “No, we didn’t sign acontract.” The misconception among the non-legal community is that a contract is only one that is in writingand that is signed. That’s not the case. Although, ideally we want contracts to be by way of a signeddocument, a gentlemen’s handshake can do just fine.

There are two general types of contracts that I would like to focus on in this article – written versus oralcontracts. An important difference between these two types of contracts is the statute of limitations, or inother words, the amount of time you have to file a lawsuit on the contract. In California, one must file alawsuit within two years of breach of an oral contract; whereas, a written contract carries a four-year statuteof limitations. From the outset, you are in a better position if your contract is in writing because you have alonger period of time to try to settle the dispute or explore other avenues, short of litigation.

The question that often follows is: how will I prove I have an oral contract? The response is that in order toform a contract, we must be able to show two elements –mutual consent and consideration. Mutual consentis easiest defined as a meeting of the minds. One must be able to show that there was an offer by one party,and an acceptance by the other party. If the acceptance changes the terms of the offer in any materialrespect, it becomes a counteroffer, which now must be accepted by the first party.

For example, your neighbor’s son may offer to wash your car and mow your lawn on a weekly basis inexchange for payment of $40.00 each week. You may consider his offer, and ask that he also water yourrose bushes for that price. This is now a counteroffer. The ball is now in the neighbor boy’s court to accept,reject, or counter your offer. If he accepts, you have mutual consent.

Consideration, the second element, is either a benefit conferred upon the promisor (the neighbor boy) or adetriment suffered by the promisee (you). In this example above, the consideration is the $40.00 per weekyou are agreeing to pay in exchange for the services. This forms a binding agreement between the parties,one that can be relied upon, enforced, and sued upon in a timely manner. The parties’ actions following theagreement can be used to show a contract exists.

Do not forego your legal remedies because you feel you do not have a binding contract when all you havedone is verbally agreed or sealed the deal with a handshake. Of course, putting the agreement in writing notonly reduces any ambiguity regarding each party’s responsibilities, but also buys you more time to file alawsuit should a breach occur. Further, a written contract is required for certain types of agreements. Nexttime you are wondering if you have a case against someone who owes you, consult an experienced attorneyand do so quickly.

Sharice Marootian is an attorney and licensed real estate broker, practicing in the areas of constructionand real estate law. Sharice assists contractors, subcontractors, and material suppliers in variousconstruction disciplines prevent and resolve construction related disputes. She also counsels and

represents owners involved in private construction projects and real estate disputes. Abdulaziz, Grossbart& Rudman provides this information as a service to its friends & clients and it does not establish an

attorney-client relationship with the reader. This document is of a general nature and is not a substitute forlegal advice. Since laws change frequently, contact an attorney before using this information. Sharice

Marootian can be reached at Abdulaziz, Grossbart & Rudman: (818) 760-2000 or by

E-Mail at [email protected], or at www.agrlaw.comJun / Jul ‘16

2 • Construction Weekly

Membership

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

Free to attendWaterloo Gun & Bocci Club

Live Band • Water Bounce House & Raffle for the Kids

Owners, Employees & Families are welcome to attend!

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

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

construction weeklyThe official publication of the

Builders’ Exchange of Stockton

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

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

www.besonline.com

OFFICE HOURSMonday - Thursday 8-4:30

Friday 8-4

DIRECTORS

TONY ARCEO, Grayson EngineeringRYAN HAGGERTY, Haggerty Construction

BOB HARMON, F&M BankJASON HJELMSTAD, Holt of California

J.J. JONES, United Rentals A&A Tool RentalsTOM MAYO, Tom Mayo Construction

TOM PATTI, Delta CranesDUSTIN SACCONE, Comfort Air, Inc.AL TOCCOLI, Al Toccoli Construction

OFFICERS

JASON HJELMSTAD, PresidentTONY ARCEO, Vice President

TOM MAYO, TreasurerAL TOCCOLI, Member at Large

STAFF

MICHAEL SELF, Executive [email protected]

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

CINDY ROBINSON, [email protected]

• Membership BBQ Flyer Page 2

• Online Plan Room Class Flyer Page 4

• Contractor Connection Page 5

• Classified Page 6

• Weekly Economic Update Page 7

• Wage and Hour Seminar Page 10

• Projects Out to Bid Page 12

• Prevailing Wage Seminar Flyer Page 13

• Legal Notices Pages 14-15

• Family Day at Six Flags Vallejo Flyer Page 17

• Tail Gate Topic Page 18

• Safety Calendar Page 19

Contents

Construction Weekly • 3


Learn how to navigate our NEW Online Planroom •SetUpFilters •TrackProjects •SearchforProjects •NewProjects

Online Planroom Class

Wednesday,July20that9:00amWednesday,August10that9:00amWednesday,August24that9:00am

Space is limited!PleasecalltheExchangeto

reserveaseatat209-478-1000

The Builders’ Exchange of Stockton Online Planroom is a partnership with


Contractor Connection

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

Contractors State License Board Speeds Up Home Improvement Registration Process with New Online Interactive Forms

The Contractors State License Board (CSLB) has launched a series of interactive forms to simplify and speed up the registration process for Home Improvement Salespersons (HIS) applicants, and licensed contractors who employ HIS, thanks to legislation that we helped obtain approval on last year. The biggest advantage to the three new forms is that registrants and contractors are alerted if an error is made when entering information, or if any of the required fields are skipped. Also, forms cannot be completed if information is missing or in conflict with other CSLB records. These new forms are:

Form Name Who Fills Out Purpose

1. HIS Interactive Application HIS Applicant Apply for HIS Registration

2. HIS Interactive Employment

Notification Form

Licensed Contractor Connect HIS to License

3. HIS Interactive Employment

Cessation Notification Form

Licensed Contractor Disconnect HIS from License

Those seeking to become an HIS can use the interactive registration application. Licensed contractors can use the new employment notification form to alert CSLB when a HIS joins their staff or the employment cessation notification form when the HIS employment ends. Users of the interactive forms should find them easy to navigate and complete. There also should be fewer rejected forms since entries are no longer hand-written, and mistakes are caught earlier in the process. Upon completion, the form must be saved and printed out, signed, and sent to CSLB. There is a $75 fee to register as a HIS. There is no fee for licensed contractors to notify CSLB of HIS hiring or employment ending. Direct links to the forms, and further instructions, are available on the CSLB home page.

Remember, Contractors Licensing Center is your one-stop ‘shop’ for ALL of your licensing, incorporation and business needs. Please don’t hesitate to contact us to inquire as to how we may be of assistance to you and your company.

Contractors State License Board Speeds Up Home Improvement Registration Process

with New Online Interactive Forms

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

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

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

Many Positions Open at DiedeDiede Construction, Inc. located in Lodi, CA is currently recruiting qualified individuals for the following positions: Assistant Project Manager, Bookkeeper, CPA, Superintendent, Carpenters, and Cement Masons. If you would like to join a fun and rewarding team or know someone who may be interested, please apply now by submitting your resume via e-mail to [email protected]


Employment Opportunities

ClassifiedSEEKING Employment

Pre-Lien Research & ProcessingMechanics Lien Law Training

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

PO Box 554 Ripon CA 95366

300 W. Pine StreetLodi, California 95240

p 209.333.1116f 209.333.8597

Rich PiomboAdministrative Manager

[email protected]


Weekly Economic Update provided by Dennis Goldstrand

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

www.goldstrand.com • [email protected]

MC-07112016

Dennis J. Goldstrand Presents:

WEEKLY ECONOMIC UPDATE

WEEKLY QUOTE“Set up as an ideal the facing of reality as honestly and as cheerfully as possible.”- Karl Menninger WEEKLY TIP Credit reporting agencies may lower your credit score if you rely heavily on installment-type accounts or loans linked to appliance or home goods retailers, or unsecured personal loans from consumer credit companies. You should pay off such debt as quickly as possible.

WEEKLY RIDDLE At times I’m high and low, I never fly but I can rise, and I can creep between your toes. What am I?

Last week’s riddle:How can you make a sofa, a motorcycle and a tent liquid?

Last week’s answer:Sell them.

July 11, 2016

A REASSURING JOBS REPORT June was the best month for hiring since October. Employers added 287,000 new jobs to their payrolls last month; analysts polled by Bloomberg forecast a gain of 180,000. The headline unemployment rate rose to 4.9% in the Department of Labor’s latest report, a reflection of more Americans looking for work. The broader U-6 rate, including the underemployed, fell a tenth of a point to 9.6%.1

STRONG SERVICE SECTOR GROWTH IN JUNE Rising 3.6 points, the Institute for Supply Management’s non-manufacturing purchasing manager index came in at a June mark of 56.5. The index was last above 56 in November. Referencing the past relationship between the index and the overall health of the economy in its summary, ISM noted that a 56.5 reading for its services PMI has corresponded with annualized GDP growth of about 3.0%.2

A 6-WEEK WINNING STREAK FOR GOLDThe yellow metal rose another 1.5% last week, closing at a COMEX price of $1,358.40. Silver has also advanced for six consecutive weeks on the COMEX; it closed at $20.10 Friday, rising 2.6% in four days.3

S&P 500 CLOSES JUST SHY OF ALL-TIME HIGH Settling at 2,129.90 Friday, the index briefly surpassed its May 2015 record close of 2,130.82 in intraday trading. The index gained 1.27% during the abbreviated market week. The Dow Jones Industrial Average added on 1.08% in four days to a July 8 close of 18,146.74, while the Nasdaq Composite improved 1.92% to end the week at 4,956.76. The past four trading days were not good for WTI crude – futures lost 7.3% in that span to a NYMEX close of $45.41 Friday.4,5

THIS WEEK: Earnings season starts Monday with Alcoa reporting Q2 results. Tuesday offers earnings news from Fastenal and Rocky Mountain Chocolate Factory. Wednesday brings a new Federal Reserve Beige Book and earnings from CSX, Kinder Morgan, and Yum! Brands. Thursday, the June PPI and the latest initial jobless claims report complement earnings from BlackRock, Cintas, Delta Air Lines, JPMorgan Chase, and Progressive. On Friday, investors will interpret the June CPI, June industrial output and retail sales numbers, the initial July University of Michigan consumer sentiment index and earnings from Citigroup, U.S. Bancorp, and Wells Fargo.

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

DJIA +4.14 +3.60 +8.67 +6.36 NASDAQ -1.01 +0.96 +14.66 +13.27 S&P 500 +4.21 +4.07 +11.70 +6.83

REAL YIELD 7/8 RATE 1 YR AGO 5 YRS AGO 10 YRS AGO

10 YR TIPS -0.06% 0.40% 0.75% 2.55%Sources: wsj.com, bigcharts.com, treasury.gov - 7/8/166,7,8,9

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

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

We will contact them first and request their permission to add them to our list.


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Federated provides clients with access to services offered through wholly independent third parties. Neither Federated nor its employees provide legal advice.

Contact Your Local Representative Grant Willes P&C/Life Lic #0F07841 at 209-570-5664


Wage & Hour Seminar The Do’s and Don’ts for California Employers

Price - $75 BIA Member, $95 Non-Member

ONLINE REGISTRATION is EASY! www.northstatebia.org/events

If you don’t know your Username or Password, click on the “Forgot” links. Deadline - July 14th, No refunds after deadline

Questions: [email protected], (916) 751-2740

Topics of Discussion: ¥ Overtime ¥ Regular Rate of Pay ¥ Meal & Rest Periods ¥ Minimum Wage ¥ Paid Sick Leave

¥ Timekeeping ¥ Misclassification of

Employees ¥ Reimbursements

Presented By: Katherine P. Sandberg, Fisher & Phillips, LLC


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


Projects Out to Bid Today

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

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

•City/CountyNotices •MandatoryMeetings/JobWalks •ProjectsOuttoBid •NewProjects •BidResults

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

Not a Member? Additional BES member benefits include: •Worker’sCompInsurance •GroupHealthInsurance •SafetyTraining&EduducationalSeminars •ScholarshipProgram •NotarizationonConstructionDocuments •SocialNetworking-GolfTournaments,Bocci,BBQ,CrabFeed •AndManyMore!

NOTICE!

July 15, 2016


Class Information: California’s prevailing wage law and the types of work and projects that are covered, including ready mix concrete hauling. In addition, attendees will learn how to read and interpret prevailing wage determinations, including scopes of work and travel and subsistence provisions. The class will also focus on public works contractor registration requirements; recordkeeping requirements, including eCPR; apprenticeship compliance; prevailing wage enforcement; and new skilled and trained workforce requirements on certain jobs.

RSVP to the Exchange at 209-478-1000Course Instructed by: Cook Brown, LLP Partner Carrie Bushman

Prevailing Wage

August 17th • 9 am to 12 pm $40 per person

The Builders’ Exchange of Stockton Board Room


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

NOTICE OF COMPLETION Recordation Completion Date Owner Name Date Contractor Name Property Address 06/27/16 CalAtlantic Group Inc 06/27/16 210 W Fremont Dr, Mtn Hse City of Stockton 03/29/16 Bay Cities Paving & FFY 2012-13 Street Resurfacing Grading Inc #PW1326 KB Home Central Valley Inc 06/23/16 10314 Presley Ln, Stkn Richmond American Homes of 06/24/16 602 W Strauss Dr, Mtn Hse Maryland Inc06/28/16 Brookfield Windrift LLC 06/28/16 18581 Parkside Dr, Lthrp Brookfield Windrift LLC 06/27/16 931 Park Place Ct, Lthrp CalAtlantic Group Inc 06/27/16 1727 Kyle Dayton Dr, Trcy Meritage Homes of Calif Inc 06/27/16 2310 Mumbert Dr, Mtca Meritage Homes of Calif Inc 06/17/16 954 Storybook St, Mtca MSG Investors LLC 06/27/16 1036 S Langford Dr, Mtn Hse Pulte Home Corp 06/24/16 1577 Arbor Brook Dr, Mtca Pulte Home Corp 06/24/16 1643 River Birch St, Mtca Pulte Home Corp 06/11/16 Union Ln, Milton Jenson Wy, Glazzy Ln, Overland Ln, Trcy Rose Park LLC 06/20/16 DBF 2774 Reserve St, Mtca TRI Pointe Homes Inc 06/23/16 303 Wyatt Dr, Mtn Hse WL Investors LP 06/01/16 243 Windrush Wy, Lodi06/29/16 Brookfield Windrift LLC 06/28/16 18565 Parkside Dr, Lthrp City of Stockton 06/23/16 Tim Paxin’s Pacific Wilson Way Adaptive Traffic Control Excavation Inc Systems #PW12-04 County of San Joaquin 06/28/16 Myers & Sons Const LP 2014 Concrete Bridge Deck Seal Proj #BPMPL-5929(258) County of San Joaquin 06/28/16 Myers & Sons Const LP 2015 Concrete Bridge Deck Seal Proj #BPMPL-5929(263) Manteca 93 LP 06/28/16 974 W Woodward Ave, Mtca Meritage Homes of Calif Inc 06/27/16 894 Storybook St, Mtca Pulte Home Corp 06/29/16 1623 Union Ln, Trcy Richmond American Homes of 06/29/16 685 W Strauss Dr, Mtn Hse Maryland Inc Shea Homes LP 06/21/16 668 N Colcannon Dr, Mtn Hse06/30/16 Brookfield Windrift LLC 06/28/16 1051 Greengate Pl, Lthrp Brookfield Windrift LLC 06/27/16 1063 Greengate Pl, Lthrp CalAtlantic Group Inc 06/30/16 152 W Ladd Dr, Mtn Hse


CalAtlantic Group Inc 06/28/16 198 W Fremont Dr, Mtn Hse CalAtlantic Group Inc 06/30/16 207 W Fremont Dr, Mtn Hse CalAtlantic Group Inc 06/30/16 219 W Fremont Dr, Mtn Hse CalAtlantic Group Inc 06/30/16 222 W Fremont Dr, Mtn Hse CPG River Island Communities LLC 06/28/16 DeNova Homes Inc 1151 Navigator Dr, Lthrp CPG River Island Communities LLC 06/28/16 DeNova Homes Inc 1215 Navigator Dr, Lthrp KB Home Central Valley Inc 06/13/16 3627 Springsteen Wy, Stkn Meritage Homes of Calif Inc 06/30/16 2324 Mumbert Dr, Mtca Meritage Homes of Calif Inc 06/30/16 915 Emigrant St, Mtca Meritage Homes of Calif Inc 06/29/16 970 Storybook St, Mtca Meritage Homes of Calif Inc 06/29/16 975 Emigrant St, Mtca Pulte Home Corp 06/28/16 1492 Chestnut Hill Dr, Mtca Pulte Home Corp 06/29/16 1665 River Birch St, Mtca Pulte Home Corp 06/28/16 1679 Chestnut Grove Dr, Mtca Rose Park LLC 06/28/16 DBF 2746 Reserve St, Mtca TL Shoreline LP 06/27/16 783 Lakeside Dr, Lthrp TRI Pointe Homes Inc 06/28/16 1073 Fulton St, Mtn Hse07/01/16 Bright Dev 06/06/16 1460 Brandon Dewey Ln, Trcy County of San Joaquin 07/05/16 Tom Mayo Const Inc JOC-Milgeo Ave Resurfacing CPG River Island Communities LLC 06/29/16 DeNova Homes Inc 1248 Academy Dr, Lthrp MECHANICS LIENS Date Lien Recorded Owner Name Amount Claimant Name Property Address 06/27/16 Whitney Frank Duenez $9,000 Sami Haddad dba Pro-Tech 576 Lode St, Mtca Heating & Air07/01/16 Smith Walker Consulting LLC $148 Gurmit’s Pool Service 605 Reed Ct, Rpn LIEN RELEASES Date Recorded Owner Name Claimant Name Property Address No Lien Releases Recorded

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


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

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Construction Weekly •17

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

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

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Family Day

Saturday • August 20


by State Compensation Insurance Fund

builders’ safety services!

Carpet Layer Safety

Meeting Attended By

Employee Recommendations

Reviewed MSDS# Subject

Supervisor’s Signature

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

July

15,

201

6

Carpet layers install a wide range of flooring products in homes and buildings to enhance style and comfort. The hazards involved with this work include the use of sharp and cutting tools and materials, the use of chemical adhe-sives and treatments, and physically demanding work that can result in ergonomic injuries.

If you install carpet for a living, focus on ergonomics. Before installation, you often have to clear out furniture and haul old and new carpeting materials. Use proper lifting tech-niques to protect your back. Maintain a level of good overall health and fitness. Take frequent mini-breaks to rest, and rotate your tasks as much as possible.

The National Institute for Occupational Safety and Health (NIOSH) reports that carpet layers account for 6% of all reported knee injuries, a rate 100 times the national worker average. Because you spend about 75% of your work time kneeling on hard sub-flooring, use kneepads to reduce the contact stress. Kneepads can also prevent accidental punctures from tack strips, flooring irregularities, and other sharps.

Use of a knee-kicker to stretch carpet wall-to-wall in a room or to engage the room-edge tack strip can cause knee injuries due to force and repetition. Workers must force-fully strike the knee kicker approximately 120-140 times each day. A hand and arm operated power carpet stretcher accomplishes the same tasks with reduced force. Do not trade a knee injury for a hand, arm, or shoulder injury; get

training and follow ergonomic principles when using the power stretcher.

Carpet cutting tools, sharp tack strips, sewing materials, and staples can cause injuries if you do not use hand protection and tool safety. Gloves should be of sufficient weight to protect you while still allowing full movement of your hand; you may need several different pairs of gloves for different work tasks. Consider wearing eye protection to protect against flying de-bris and sharp objects. Always use the correct tool for the job. Ensure that your cutting tools are in good condition and sharp enough to do the job. Watch where you place your hands and knees so you do not come into contact with sharp tacks, staples, or cutting tool edges. Use caution with heat-tape and carpet irons to avoid burns.

When you use adhesives and glues to install carpet and pad-ding, get training and read the Safety Data Sheet (SDS) for information on the handling, mixing, and personal protective equipment (PPE) required for safe use. Some carpets may require special handling due to their contents or treatments. Read the carpet health information labels for the flooring materials that you install and follow all of the directions for installation.

Knowledge of the hazards of carpet installation and the use of good ergonomics and work practices can keep you safe wall-to-wall.

Construction Weekly •19



CLASS DATE TIME

Membership Orientation August 2nd 12 - 1:30 pm

Prevailing Wage Seminar August 17th 9 - 11:30 am

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

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

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

Ray Morgan CompanyDOCUMENT TECHNOLOGY SOLUTIONS

BUILDERS’ EXCHANGEOF STOCKTON

7500 West Lane • Stockton, CA 95210

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Construction weekly july 15, 2016

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