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SBCA Legal Counsel Kent Pagel discusses the potential impacts of Coronavirus on the structural building components industry.
In his fourth presentation focused on employer guidance regarding the COVID-19 Coronavirus, Kent Pagel, SBCA legal counsel and president of Pagel, Davis and Hill, gives a brief follow up on some of the topics he has covered in his past webinars.
SBCA’s legal counsel, Kent Pagel, will start his series of 2020 webinars discussing legal topics first and foremost on the minds of component manufacturers.
The legal office of Pagel, Davis & Hill defines reasonable suspicion testing, and what procedural steps should be taken when detecting signs of impairment.
SBCA’s legal counsel, Kent Pagel, will start his series of 2020 webinars discussing legal topics first and foremost on the minds of component manufacturers.
In this webinar, SBCA Legal Counsel Kent Pagel will provide even more guidance to employers on how to navigate workforce/HR and business operation issues raised by the COVID-19 Coronavirus outbreak.
To assist the component manufacturing industry, SBCA Legal Counsel Kent Pagel has created a Contagious Disease Control Policy and Procedures template in Microsoft Word that can be used as a foundation for companies wishing to have a documented policy.
In this webinar, SBCA Legal Counsel Kent Pagel will provide further guidance to employers on how to navigate workforce/HR and business operation issues raised by the COVID-19 Coronavirus outbreak.
Kent Pagel, SBCA’s national legal counsel, discusses the benefits of component manufacturers (CMs) being suppliers as opposed to subcontractors, while outlining how much of a CM’s activities are largely subcontracting from a risk perspective.
To assist the component manufacturing industry, SBCA Legal Counsel Kent Pagel has created a Contagious Disease Control Policy and Procedures template in Microsoft Word that can be used as a foundation for companies wishing to have a documented policy.
SBCA’s Legal Counsel Kent Pagel has created three documents to help employers comply with the new FFCRA paid leave requirements, all of which are free to SBCA members!
SBCA Legal Counsel Kent Pagel has drafted template contractual language that serves as a model for CMs to include in their proposals/bids and customer contracts, as a means to set out under what circumstances CMs as suppliers of building materials, can be excused for performance when unforeseen circumstances, beyond their control, prevent, delay or hinder that performance.
When a component manufacturer (CM) moves from a traditional sales model (contracting to sell only materials to the contractor or framer) to a turnkey sales model (contracting to sell materials and installation to the contractor) the CM’s risks increase demonstrably. Kent Pagel, SBCA’s counsel, will explain the risks associated with the turnkey sales model as well as the best practices associated with managing such risks.
Few issues have demanded the attention of the SBCA Board of Directors more over the past five years than the variability of lumber design values. SBCA Legal Counsel Kent Pagel provided guidance to component manufacturers (CMs) on ways to mitigate the potential risk and liability that have arisen in the market as a result of how the lumber industry has chosen to deal with the issue of variable design properties.
We received a lot of positive feedback from readers about an article in the April issue regarding a component manufacturer’s product defect negligence lawsuit. While this is not the industry’s first escape from a negligence or breach of warranty finding as a result of proper risk management procedures, it’s a very timely lesson for us. As SBCA Legal Counsel Kent Pagel explains in Important Legal Trends for 2011, the building industry is in another litigious cycle. Many of you pointed to the moral of the story: That the value of providing SBCA Jobsite Packages with all component orders cannot be overstated.
Cash is the lifeblood of every component manufacturer. Getting paid and getting paid faster ought to be a goal of every manufacturer. Kent Pagel will offer suggestions, measures and rules for each component manufacturer to consider to ensure full and prompt payments.
- Find out what qualities to look for in a good safety leader in Safety Scene.
- Understand your jobsite liability and what to do to minimize it from Kent Pagel on page 28.
- The story of how one manufacturer saved themselves nearly $40,000 in fines and citations by inviting OSHA into its facility.
Indemnities and insurance provisions can provide your customer with recourse against your company that is otherwise not normally recoverable. In this webinar, Kent Pagel discusses what your customers intend with the indemnity and insurance provisions they include in their form customer contracts. He also covers the key themes to consider when negotiating an indemnity provision.
How two CMs approach data, and the important role it plays
- WTCA Legal Counsel Kent Pagel has presented many of the risk management and liability avoidance programs, which will soon be available online in an up-dated and modified format.
- At BCMC 2004, one question in the Manufacturers’ Roundtable was the im-portance of handling truss collapses proactively and the need to establish guidelines on how to properly conduct truss collapse investigations.
- The SBCA Legislative Conference in May gave participants firsthand experience with the changes in Washington, DC.
- The Employee Free Choice Act of 2009 (EFCA) is a hot issue that needs your attention. Learn more about it in an online bonus feature at www.sbcmag.info.
- SBCA Legal Counsel Kent Pagel reminds us that using JOBSITE PACKAGES provides you with a “golden defense” in the courtroom.
Are you reviewing and taking exceptions to a project’s specifications and plan notes relating to framing and truss construction? Out of sight out of mind is not the proper response! Why is this so important? What needs to be done when a set of specifications or plan notes impose responsibilities that go beyond TPI-1? Are you adequately insured for the design risk that project plan notes and specifications may impose? SBCA Legal Counsel Kent Pagel will address all of these questions and many more in this valuable risk management webinar.
SBCA is hosting a weekly podcast conversation with members of its Executive Committee, discussing how their companies are impacted by the COVID-19 epidemic and what they are doing to overcome various challenges presented by the virus.
Each podcast will focus more on what actual component manufacturers are doing in their businesses and less on the various legal questions (for employment law focused content, please review Kent Pagel’s recent webinar series).
A component manufacturer submits its bid or proposal to a customer. Rather than signing the bid, the customer issues its purchase order. In response the manufacturer issues a sales acknowledgement. Each of the forms contains terms and conditions of sale on the back. Some or all of the forms either get signed or none of them are signed. If a dispute later arises, how does it get resolved? Kent Pagel discusses best practices and answers the questions CMs have regarding this all too common battle of the forms.
- Online Risk and Liability Management Best Practices for the Structural Compon-ent Manufacturing Industry, or ORisk, is currently in development and scheduled to be release within the next month.
- Phase 1 of ORisk contains the foundation content necessary to understand more advanced risk management.
- Any employee who works closely with risk management, claims handling, in-surance, safety and customer contracts should consider viewing Phase 1.
- Online Risk and Liability Management Best Practices for the Structural Compon-ent Manufacturing Industry, or ORisk, is currently in development and scheduled to be release within the next month.
- Phase 1 of ORisk contains the foundation content necessary to understand more advanced risk management.
- Any employee who works closely with risk management, claims handling, in-surance, safety and customer contracts should consider viewing Phase 1.
Component manufacturers commonly ask about truss warranties. What type of warranty should I give my customers? If I give no written warranty have I protected my company? Are all my products covered by a one-year warranty or the same 30-year warranty that builders give their customers? Should I sign the contractor close-out warranty presented to get my final payment? Can I be sued after the expiration of the warranty? Should I warrant my products to only my customer? SBCA Legal Counsel Kent Pagel will address all of these questions and many more in this valuable risk management webinar.
Almost every contract a CM is asked to sign, whether prepared by a vendor, lessor, or customer, will contain one or more indemnity provisions. Kent Pagel, SBCA’s outside national counsel discusses the basics of indemnity clauses and what they mean and require of component manufacturers (CMs). He also covers the implications to a CM agreeing to indemnity language as well as various industry standard replies when one-sided indemnity requests are made. Understanding indemnity basics and red flags is crucial to the risk management success and liability avoidance program of every CM.
Here’s a game plan for surviving construction defect litigation.
As individuals, businesses, and governments continue to take actions to mitigate or contain the worldwide impact of COVID-19, component manufacturers (CMs) ought to consider including language in their proposals/bids and customer contract forms giving them a potential out to avoid breach of contract liability if and when they are unable to make deliveries through no fault of their own, such as in the case of COVID-19 rendering their plant inoperable.