REAL-WORLD ISSUES AFFECTING PROFESSIONAL PLUMBERS AND PIPEFITTERS OF COLORADO

JOB DONE RIGHTSUMMER 2015

IN THIS ISSUE:

ASPE & CAMPC Host Joint Page 2 Trade Show & Education Event

Legislative Update Page 3

Legal Update Page 4 Colorado Employers Handed Medical Marijuana Victory

Rick Allen: Page 6 Head North

Mark Breslin: Page 7 The Great Crew Change: Five Strategies for the Big Transition

Welcome New Members Page 7

Building Jobs4Colorado Page 8 2015 Session Focus on Construction Defects Reform

Technology Brief Page 9

Events & Education Page 9

Industry Partners Page 12

Dave DaviaEVP/CEOMechanical Contractors Associationof Colorado

Continued on page 2

Colorado Needs More Infrastructure Funding Sources

PROUDLY AFFILIATED WITH CAMPC

Infrastructure/transportation funding was among the controversial issues at the state Capitol during the 2015 legislative session. With state revenues expected to trigger Taxpayer Bill of Rights (TABOR) spending caps (e.g. state income tax refunds) and Public-Private Partnership (P3s) in question, long-term solutions are yet to come.

Colorado’s economy is rapidly expanding and the state population is expected to grow from 5 million to nearly 8 million people by 2040. That means more pressure on an aging state infrastructure system already reaching capacity limits. At the same time we are experiencing robust growth – with an increased need to maintain and build roads, bridges and rail – infrastructure/transportation funding is under attack. Many are concerned the deteriorating and congested roads and highways will hamper Colorado’s economy and tourism.

In a May 7 Denver Business Journal article by Cathy Proctor, CDOT Director’s Assessment of Colorado’s Highway System: ‘Terrible’, the new executive director of the Colorado Department of Transportation, Shailen Bhatt, said that Colorado is in the midst of a transportation crisis with I-70 one of the biggest problems. He also noted that we need technology, in addition to construction, to address the crisis.

The Colorado Transportation Commission identified 50 major projects across the state, at a total cost of $2.3 billion. These projects must be addressed in order to adequately prepare for future population growth and foster economic development. The question is, how will we fund these essential projects? CAMPC is part of the ongoing discussions to find more permanent and alternate funding mechanisms so the state can not only maintain its existing infrastructure but also meet the future needs due to growth.

In 2009, CAMPC was part of an effort that resulted in the passage of Senate Bill 228, establishing a formula to fund capital construction and transportation with state general fund money. The projected amount of funding for FY15-16 was initially $205 million. It’s now projected that state revenues and spending caps will trigger TABOR refunds and will reduce the funding amount to potentially half, or $102 million. Current forecasts for the next two fiscal years would eliminate transportation funding entirely.

In April, Governor Hickenlooper proposed a five-point plan to the legislature to address the conflict with the TABOR cap and state spending needs.  Part of the plan suggested converting the Hospital Provider Fee to a state fund so the revenues from this fee would not apply to the TABOR spending cap. The funds are earmarked for health care and cannot be used to pay rebates so the argument is if they can’t be part of the rebates they shouldn’t count toward the revenue limit that triggers the rebates. House Bill 1389 would have created the enterprise fund to free up more than $600 million dollars in the budget to fund other priorities like K-12 education, higher education and transportation. But, after passing the House, it died in the Senate.

2 © 2015 MCA Job Done Right • Summer 2015

Another viable, effective, and much needed funding source is Public Private Partnerships (P3s), where private sector money is invested in public sector projects and both the private party and public agency typically share in any resulting income. Phase 2 of the US 36 Express Lanes Project is an example of a successful P3 project, and CDOT’s first P3. This project became controversial as some questioned the use of a public private partnership, due to a lack of understanding of and misinformation about how P3s work. In March 2015, a State Auditor’s report was released determining that the Colorado Department of Transportation’s (CDOT) High Performance Efficiency Transportation Enterprise U.S. 36 Express Lanes project provided “the best value for taxpayers.” About two-thirds of the Phase 2 Project costs are funded through private sector investment, without which the project wouldn’t be completed for 20 years.

Competition for P3 resources is intensifying as infrastructure needs across the country are increasing and gas tax revenue, which typically funds infrastructure, is declining due to more efficient cars and no adjustment to the state gas tax since the 1990s. Yet, bills were introduced in 2014 and 2015 that would have limited the ability to implement P3s on projects in Colorado. Neither bill passed.

Bonding is yet another funding option. A bill to continue the authorization of existing bonds to fund $3.5 billion worth of highway and transit projects was opposed by the construction industry as not the right solution and ultimately died.

So, following the 2015 legislative session we are left with a real crisis – an intensifying need for infrastructure and transportation solutions coupled with the reality of funding cuts. Highways will receive some funding thanks to SB228 which triggers $102

million in transfers to the Highway Users Trust Fund, again half of what was originally expected.

“Colorado is currently near the bottom nationwide in its investment in infrastructure,” said Colorado Contractors Association Executive Director Tony Milo. “We need to quickly get serious and be honest with the voters that an increase in funding is an absolute necessity to maintain our quality of life here in Colorado. We intend to engage elected leaders, the media and voters in a conversation this summer about how we can best raise the needed funds to make critical improvements to our transportation system statewide.”

The pressure is on the new CDOT chief, Shailen Bhatt, to assess the situation for local roads and more than 23,000 lane miles of highway and develop strategies that will take us into the future. The widening of Interstate 70 is one of the projects on Bhatt’s plate, which has been opened to a possible partnership with the private sector, showing a continued movement in the direction of P3s. In a Denver Post article by Monte Whaley, Bhatt is quoted as saying, “Using a mix of methods and relying on technology will be at the forefront.”

CAMPC will continue to take part in infrastructure funding discussions. An Investment in our roads and bridges which lead to our communities and buildings, ultimately leads to construction opportunities and economic growth. So, we will continue to support sensible transportation and infrastructure legislation and solutions for our contractors and the future of our state. Stay tuned for updates.

Dave

Colorado Needs More Infrastructure Funding Sources ... Continued from cover.

ASPE & CAMPC Host Joint Trade Show & Education Event

Continued on page 10

On Thursday, June 4, CAMPC/MCA Colorado joined the American Society of Plumbing Engineers, Denver Chapter (ASPE-Denver) to host a joint trade show and education event at the Mile High United Way’s new building on Park Avenue in Denver.

The event connected top plumbing engineers, specialty contractors and industry supporters in the plumbing, heating, cooling and mechanical industries while demonstrating emerging technologies, processes, products and service innovations. More than 100 ASPE-Denver and CAMPC members attended the trade show which featured over 30 exhibiting companies and 10 education sessions including an update from Xcel Energy on new commercial and residential rebate programs.

Education session presented by Xcel Energy: Commercial & Residential Rebates/Changes Coming/Financing Programs

Job Done Right • Summer 2015 © 2015 MCA 3

Construction Defects Legislation – A very broad and diverse coalition (Homeownership Opportunity Alliances) of business leaders, affordable housing advocates and metro mayors supported SB 177 to address the significant lack of attainable for sale multi-family housing (condos). The amount of inventory is lower than in pre-recession years while the demand from millennials, empty nesters and transit oriented development continues to escalate. Builders have refused to provide this product for several years because of construction defect litigation that takes advantage of current homeowner association laws that allow trial lawyers to seek astronomical damages and attorney’s fees. SB 177 proposed transparency and timely repairs by amending current law to require alternative dispute resolution (mediation and binding arbitration), homeowner disclosure of the litigation impacts and homeowner informed consent of litigation. The bill died in the House State Affairs Committee on a partisan vote of 5-6.

Workforce Development – There were ten bills introduced most with bi-partisan support. Both Republicans and Democrats saw this issue as an opportunity to help promote jobs in Colorado. The construction industry saw this as an opportunity to change the culture of students, parents, teachers and administrators that essentially mandated that students be prepared for college whether they were qualified or wanted to attend or could afford to go. The trades offer well-paying jobs with employer subsidized training and students would start their careers with little or no debt. The highest priority bills were HB 1170 Post-Secondary and Workforce Readiness Coordinator and HB 1276 Grant Program for Skilled Worker Training Programs.

HB 1170 requires the State Department of Education to create a postsecondary and workforce readiness coordinator to connect education and workforce stakeholders, develop performance indicators with an equal weight for career and technical education programs and require community members on school and district accountability committees to have business or industry experience. HB 1276 creates the Skilled Worker Outreach, Recruitment and Key Training Grant Program in the Colorado Department of Labor. Starting in 2016, CDLE will begin accepting matching grants from public and private skilled worker training programs. A review committee of state agencies, the workforce council and industry including subcontractors, contractors and labor will review, rank and make recommendations to the state agency heads on grant recipients. The state will make available

around $3 million dollars a year for the next two years for the grants.

Other bills included: HB 1227 Income Tax Credit for Employers who help with Student Loans, HB 1230 Innovative Industries Internships, HB 1231 Enhanced Unemployment Insurance, HB 1270 Pathways in Technology, HB 1271 Mobile Learning Labs, HB 1274 Career Pathways, HB 1275 Career and Technical Education and Concurrent Enrollment and SB 82 Property Tax Rebate for County Workforce Development Programs. HB 1227 and HB 1231 did not pass.

Capital Construction – FY 2015-16 Capital Construction and Controlled Maintenance Recommendations. The Long Bill includes 67 capital projects totaling $382.3 million. Of this amount, $250.0 million (65.4 percent) is from state funds and $132.4 million (34.6 percent) is from cash and federal funds. Of the $250.0 million recommended in state funds, $153.9 million (61.6 percent) is allocated to capital construction, $19.2 million (7.7 percent) to controlled maintenance, and $76.9 million (30.7 percent) to IT projects. Source: CDC Memorandum April 3, 2015.

General Funds for Transportation via SB 09-228 Triggers – The current state economic forecast will trigger a transfer of $102 million for transportation and $25 million for capital construction in the 2015/2016 fiscal year. The general fund transportation funding mechanism is based on state revenues and state spending caps that trigger refunds under TABOR. Current forecasts for the next two fiscal years would reduce and/or eliminate future transportation funding. A more permanent funding mechanism is sought to insure that the state can maintain existing infrastructure as well as meet future needs due to growth.

Hospital Provider Fee Converted to an Enterprise – Late in the session, the Governor sent a letter to Legislative Leadership outlining a five point plan to address the conflict with the TABOR cap and state spending needs. Speaker Dickie Lee Hullinghorst introduced HB 1389 that would convert the Hospital Provider Fee, created in 2009, to a state enterprise fund that would remove the fees collected under this program from the state budget and would no longer count under the TABOR spending cap. It would

Pete KirchhofKirchhof Group, Inc.

LEGISLATIVE UPDATE

2015 Post-Session Legislative Report By Pete Kirchhof

Continued on page 5

4 © 2015 MCA Job Done Right • Summer 2015

Adam BrownAssociate AttorneyFisher & Phillips, LLP

1801 California StreetSuite 2700Denver, CO 80202

LEGAL UPDATE

On June 15, 2015, the Colorado Supreme Court held in a unanimous decision that employers are still free to prohibit employee marijuana use in their workforces, and can still discipline and terminate employees who test positive for the drug, despite state law permitting its recreational and medicinal use. In so doing, the Court issued an employer-friendly opinion that will have wide-ranging implications for all Colorado employers. Coats v. Dish Network.

Case Background – Is Pot Use “Legal?”The employee in the case is a quadriplegic who suffers intense muscle spasms as a result of a non-work related car accident. He uses medical marijuana under Colorado’s regulatory medical marijuana system, which he says helps his spasms. The employee worked for Dish Network as a customer service representative for three years, until he tested positive for marijuana during a random drug test and was fired pursuant to Dish Network’s zero-tolerance drug policy. After he was fired, the employee filed a wrongful termination lawsuit and claimed that the firing violated Colorado’s “lawful off-duty activities” statute, which prohibits employers from discriminating against or terminating employees who engage in lawful activities outside of work. The employee argued that his medical marijuana use was “lawful” under state law and, therefore, his termination violated the statute. The Colorado Court of Appeals rejected his claim, ruling that even if medical marijuana use is legal in Colorado, marijuana use of any kind is still prohibited by federal law, and thus medical marijuana use is not “lawful” for purposes of Colorado’s lawful off-duty conduct statute.

Colorado Supreme Court Upholds Employers’ RightsThe Colorado Supreme Court agreed, ruling that marijuana use is not lawful conduct for purposes of Colorado’s lawful off-duty conduct statute. To reach this conclusion, the court concluded that it must look to both state and federal law to make the critical determination. The court then reviewed the federal Controlled Substances Act, and held that because medical marijuana use is unlawful under federal law, it is therefore not lawful activity under Colorado’s lawful off-duty conduct statute. As such, the court ruled that Dish Network’s decision to fire the employee because he tested positive for marijuana did not violate Colorado’s lawful off-duty conduct statute.

Good News for EmployersThis decision is a significant victory for employers. By ruling in this fashion, the Colorado Supreme Court has unequivocally affirmed employers’ rights to prohibit employees from using marijuana in Colorado, and to discipline and terminate employees who violate such prohibitions. Although the decision only discusses medical marijuana and does not explicitly consider retail marijuana use, its logic can easily be extended to cover recreational marijuana use, which is similarly unlawful under federal law and thus not lawful conduct for purposes of Colorado’s lawful off-duty conduct statute. The court’s reasoning may also have potential future applicability to other conduct that is lawful under state law but unlawful under federal law. In sum, employers who have policies requiring employees to undergo drug testing and who have disciplined or terminated employees for testing positive for marijuana can continue these actions, knowing now that these policies and termination decisions have been validated by the Colorado Supreme Court.

If you have any questions about this case, or how it may affect your business, please contact your Fisher & Phillips attorney or one of the attorneys in our Denver office at (303) 218-3650.

This Legal Alert provides an overview of a specific Colorado Supreme Court decision. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.

Colorado Employers Handed Medical Marijuana VictoryBy Adam Brown

Job Done Right • Summer 2015 © 2015 MCA 5

not change the fee structure or the intent of the program but would no longer count under TABOR. It could free over $600 million dollars in the budget that could be used to fund other priorities like K-12 education, higher education and transportation. It passed the House but was quickly killed in the Senate.

TRANS Bonds (TRANS II) – SB 272 proposed $3.5 billion in bonds that would accelerate investment in major state-wide infrastructure projects. With declining gas tax revenue, little or no money for transportation from the state general fund and continued uncertainty of federal funding, proponents argue that bonding is the least expensive and most financially efficient means to fund transportation. While not raising taxes, the voters would have to approve the new debt through a ballot initiative in the 2015 election.

The financing would have utilized 50% of the state’s federal gas tax revenue for a twenty year bonding program to obtain the $3.5 billion in funding. Voters approved a similar measure referred by the legislature in 1999 for $1.7 billion in bonds that were used to accelerate construction of 24 statewide road projects including the I-25 TREX construction. Those bonds will mature in 2017 allowing this proposal to use a similar financing structure. Specific projects were identified in the legislation and in the ballot measure. The bill passed the Senate but was killed in the House.

Urban Renewal Authority/Tax Increment Financing – The controversy continues at the capitol over the use of local development tools Urban Renewal Authority (URA) and Tax Increment Financing (TIF). Counties, schools and other special districts are concerned about the lack of representation on the boards that make these decisions resulting in their future tax revenues being used without their approval and without any compensation for future local impacts. Cities counter that this is their only urban development tool and that re-development could be jeopardized if the current processes are significantly changed. Last year’s legislation, HB 14-1375 had bi-partisan sponsorship and member support and was sent to the Governor only to have him veto it.

In 2015, there were three bills to address these issues. HB SB135 was introduced in the Senate with bi-partisan sponsors and was supported by the cities to give counties representation on the board. It also designated a formula to rebate to the local jurisdictions any excess funds collected under TIF and as amended, required pre-submittal meetings. While introduced early in the session, it eventually died in the House. HB 1348 sponsored by Speaker Dickie Lee Hillinghorst was introduced late in the session and gave board positions to counties, schools and special districts. It also requires identification of the potential service impacts and associated costs. If there is

still disagreement over those costs, it establishes a process for resolving issues through a third party. HB 1348 passed the House and Senate (with amendments). SB 284 introduced by President Bill Cadman and Majority Leader Mark Scheffel was introduced late in the session to address concerns over how Urban Renewal Authorities (URA) use the blighted designation to develop agricultural land. The bill would have required citizen approval before the authority could collect Tax Increment Finance revenues. A huge effort was mounted against the bill and the sponsors elected to let it die on the Senate calendar.

To view the complete report, visit the Advocacy section of CAMPC.org.

Legislative Update ... Continued from page 3.

Join us for the industry event of the year. In Colorado Springs, you're 6,500 feet high, so this is your chance to clear your mind, take in the sights, and be inspired. This is The View from Above - the promise of MSCA 2015.

Visit the MSCA website to register: http://www.mcaa.org/msca/

30th Annual MSCAEducational Conference

6 © 2015 MCA Job Done Right • Summer 2015

Rick AllenBusiness ManagerRocky Mountain Pipe TradesDistrict Council 5

2870 Janitell RoadColorado Springs, CO 80906Phone: 719-577-4401

Head NorthLocal 192 Coming Out of TrusteeshipBy Rick Allen, Business Manager

Dave Davia and the MCA Colorado have been kind enough to give the District Council some space to put an article in your “Jobs Done Right” newsletter. Usually, I have topics for Colorado or our industry as a whole. Today, however, I am going to tell you about Local 192 in Cheyenne, Wyoming.

Local 192 has been under trusteeship with the UA for approximately three years. I will not go into great detail as to why other than to say the local up there was facing some serious challenges and probably would not have survived if the UA didn’t step in when they did. Today we have worked hard on our contractor-union relations and though we still face serious challenges in that jurisdiction it does have a much more positive atmosphere. We are growing in numbers, we have more contractors and we have been fortunate enough to have some of our Colorado contractors come into the state and pick up quite a bit of work. US Engineering is leading the way with three substantial projects followed by Murphy, Falcon, Reigles, Braconier, and ICM. I believe they are all pretty satisfied working with Local 192. Our appointed Business Manager, Brian Almquist, along with our Business Agents, Tony Haller and Gary Marlin, has been working very hard every day manning calls for work and taking care of the issues that pop up in the normal day-to-day union business.

In order to get Local 192 out of trusteeship several things had to happen. We had to rewrite the CBA, the Local union by-laws, hiring hall agreement, etc. All of those items have been completed and in June we traveled to South Dakota to sign a HVAC Service Contractor to a “Schedule A” to the National Service and Maintenance Agreement. This will add roughly ten HVAC Technicians to Local 192 out of Rapid City. Our man hours are climbing every month and I believe this will end up being a big success story. All of the credit goes to the guys I listed above who worked tirelessly to get to this point. It is a hard task to rebuild a Local that is still trying to operate. Think of it as trying to restructure your company while you have several jobs going at once.

We have added Local 192 to the Colorado Health and Welfare plan and will be looking at trying to bring their mandatory annuity plan into Colorado as well. Pretty soon, working in Wyoming won’t be any different than crossing a jurisdictional line in Colorado.

Why am I telling you all about this? Well, because I am trying to convince you to head north. If you are seeking a market that is short on contractors, Wyoming is the place to go. There is a lot of work there, and although there is competition, we see contractors successfully landing work in Wyoming.

We are actively trying to grow all over the District Council Jurisdiction. Colorado has a good base of union contractors, though we are always looking for more. Wyoming has some great contractors, but just a handful of them. As every Local will tell you, we always need more contractors. The jurisdiction is huge, encompassing all of Wyoming, half of South Dakota and the panhandle of Nebraska. That jurisdiction accounts for 4% of the entire United States including Alaska and Hawaii. We strongly encourage Colorado contractors to establish themselves in Wyoming and take advantage of the opportunity that exists. Those commercial contractors and HVAC & plumbing service are areas we could grow quickly.

As of today, we have no plumbing service contractors in Local 192. So, give it some thought.

Rick

Job Done Right • Summer 2015 © 2015 MCA 7

It is finally upon us — The Great Crew Change. Most of the crew on every job in the US and Canada are going home soon. And they are never coming back.

It is the anticipated retirement of the many (older, skilled and a little tired) and the necessary recruitment and integration of the (raw, ambitious and semi-clueless) many more.

No organization that I know of is fully ahead of that curve. Maybe 25% are actively working on it with a plan of action. Fifty percent are aware of it and talking about it. And, 25% are simply f-cked and won’t know it until it is too late. No matter where you are on the curve, let’s accelerate your strategic initiatives starting right now. Here are five ways to deal with The Great Crew Change. 

1 Understand the Implications: to really understand the implications of this trend the most important starting place is to do a demographic analysis of all key positions

in your organization and plot the retirement curve of all key employees eligible to bail out within the next 5 to 7 years. This is the foundation for your urgent need to respond.

2 Evaluate the methods by which you are encouraging formal and informal mentoring in the organization. Having a system for mentoring provides an important tool

for knowledge transfer. Breslin Strategies is creating a complete Strategic Mentoring Plan with a large and innovative union contractor who sees this as a key competitive growth tool for the next five years.

3 Employers need to get fully involved with the Apprenticeship Programs to spend a lot more time evaluating prospects, interviewing and testing candidates,

speaking to apprentice classes and identifying high-potential

supervisory talent early. After we fill the spots during The Great Crew Change, these new and young prospects are going to be our workforce for the next 25 years. Let’s put in the effort to get it right.

4 Emphasize the importance of training and development along with jobsite production

for field supervision. Most foremen and superintendents do not perceive training and development as tools to create profits. They are the most important people when it comes to the development of our next generation. We need to talk about it, recognize it and reward it. You have to make it very visible and important if you want a change in jobsite culture.

5 Put together a plan and budget for training and development. Start with Foremen as they actually have direct impact on the bulk of the workforce. Don’t stop the

training and investment at the PE / PM level. Get down to where it matters. Breslin Strategies has the very popular Five Minute Foreman training (3000 foremen have now attended), books and collateral study materials – and almost every union has a good Supervisory Training program – but they cannot fill the seats. Getting proactive on the people development side will help you use The Great Crew Change as a competitive advantage.

It is here. And there is not a moment to waste. Gen X leaders and Gen Y workers are assuming the roles onsite. They won’t develop themselves – it’s up to us to make it happen and that is going to take some real discipline, effort and resources.

The Great Crew Change: Five Strategies For the Big TransitionBy Mark Breslin

Mark Breslin

THE BRESLIN REPORT

Welcome New Members!CONTRACTORS CONTACT PHONE

K & M Mechanical, Inc. Kevin Miller 303-948-5018

Huston Larue Todd Huston 417-137-5533

8 © 2015 MCA Job Done Right • Summer 2015

Construction defect reform legislation was a primary focus of Building Jobs4Colorado (BJ4C) this past session through our support of the Homeownership Opportunity Alliance and SB15-177. SB15-177 was a bipartisan effort of a statewide coalition of Coloradans working together on common-sense reforms that would increase the supply of for-sale, multi-family housing. CAMPC is an executive committee member and BJ4C is a plenary member of The Homeownership Opportunity Alliance.

Unfortunately, SB15-177 was defeated in the House State and Veterans Affairs Committee with a party line vote on April 27th. Five Republicans voted in favor of the measure and all six Democrats opposed.

Below is a statement from the Coalition following SB15-177’s demise:

On behalf of the Homeownership Opportunity Alliance and its members, we would like to thank Senators Scheffel and Ulibarri and Representatives DelGrosso and Singer for sponsoring this important piece of legislation. We would also like to thank Lakewood Mayor Bob Murphy, Denver Mayor Michael Hancock and more than 30 metro and statewide mayors for representing their communities on this issue.

Senate Bill 177 was a thoughtful approach to address Colorado’s lack of attainable housing, especially owner-occupied condos. This bill represented an important first step toward a broader solution to address affordable housing across Colorado. That is why bipartisan lawmakers, mayors, elected local officials, affordable housing advocates, and business and trade groups joined to form one the largest coalitions in recent memory to encourage the development of attainable housing, transit-orient projects and smart community planning.

Throughout this effort, we were clear that Colorado needed a more efficient statewide system for handling construction defects issues. The Homeownership Opportunity Alliance will continue to search for a unified state process while vigorously pursuing local solutions to this housing crisis.

SB177’s demise represents a missed opportunity for many Coloradans, including would-be first-time homebuyers and seniors, who want an opportunity to own an affordably priced home. The House of Representative’s inaction will further delay the dream of homeownership for countless residents of our state.

On May 7th, the day after the Legislature adjourned for the year, the Colorado Court of Appeals issued its published decision in the Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc. case.  In short, this published appellate decision has addressed a major issue in construction defect law that Senate Bill 177 was designed to accomplish – if the declaration says you can’t take out the arbitration requirement without the declarant’s consent, then that’s what it means, and it’s enforceable. It’s anticipated that there will be an attempt to appeal this to the Colorado Supreme Court.

The housing crisis continues as new multi-family development and condos are not being built and home prices continue to outpace the nation. Many local municipalities are taking matters into their own hands passing local ordinances and plat notes. BJ4C will continue to monitor, engage and support efforts to address the issue and promote development of new multi-family housing.

Learn more about Homeownership Opportunity Alliance efforts at www.housing4co.org and be sure to follow on social media at www.facebook.com/Housing4CO and www.twitter.com/housing4co

Building Jobs4Colorado coalition is broad coalition of construction, design professionals, general contractors, sub-contractors, sub-sub-contractors and owner organizations across Colorado. BJ4C represents more than 95% of the Colorado construction industry. CAMPC is a steering committee member of BJ4C and continues to play a leading role within the coalition. Building Jobs4Colorado has a new website. Be sure to check it out at www.buildingjobs4colorado.org.

Construction & Design Coalition Update 2015 Session Focus on Construction Defects Reform – SB177 Defeated But Fight Continues By Jenn Penn

Jenn PennBuilding Jobs for Colorado Coalition Lobbyist

Job Done Right • Summer 2015 © 2015 MCA 9

Knock Knock ... I Just Crashed Your iPhoneBy Steve Metzman, iBusiness-Technologies DESCRIPTION:Extraordinary technology helps us manage our daily lives, often minute-by-minute. Once in a while however, there’s a stark reminder that nothing is infallible. A strange character combination recently emerged with the power to crash your iPhone if sent to you by anyone.

HIGHLIGHTS:The unusual character ‘string’ shown to the right has the power to crash your iPhone. It appears in this Technology Brief as a harmless screen shot image so you’re perfectly safe. Any stranger can text this to you and cause a time consuming annoyance.

You can take fast, simple measures to protect yourself until the next iOS update which presumably will resolve this rare vulnerability:

In your iPhone’s Settings, turn off “Notifications” for Messages so the offending Unicode won’t appear on your lock screen. If you’re sporting the new Apple Watch, be sure to do the same.

OTHER HELPFUL LINKS:• Macworld: Avoiding the iPhone Bug - http://www.macworld.com/article/2927175/how-to-prevent-the-new-messages-bug-from-

crashing-your-iphone.html

• 9TO5 MAC: Fixing a Crashed iPhone - http://9to5mac.com/2015/05/27/how-to-fix-ios-text-message-bug-crash-reboot/

• Apple: Managing Notifications - https://support.apple.com/en-us/HT201925

Technology Briefs for the Busy MCA Member

EVENTS & EDUCATION For more information about programs listed below, visit our website at www.mcacolorado.org or contact Kim Gill at 303-757-3956 or kim@campc.org.

EDUCATION & TRAINING DATE TIME LOCATION INFORMATION

Leadership in the Field: Series 1 July 15-17 8:00 am - 11:00 am AGC Education Center* www.agccolorado.org

Leadership Access Institute August, 2015 - May 2016 AGC Education Center* www.campc.org

Leadership in the Field: Series 2 August 26-28 1:00 pm - 4:00 pm AGC Education Center* www.agccolorado.org

MSCA Dispatcher Training September 14-15 Renaissance St. Louis Hotel www.mcaa.org St. Louis, MO

MCAA Field Leadership Training October 14-16 Baltimore, MD www.mcaa.org

UA/MCAA Foreman Training October 16-17, 7:00 am - 5:00 pm Local 58 Hall Ann Woosley at and 23-24 2870 Janitell Road ann@campc.org Colorado Springs, CO

MSCA 2015 Educational Conference October 18-21 Broadmoor Hotel www.mcaa.org Colorado Springs, CO

Project Management Essentials October 28-30 8:00 am - 4:00 pm AGC Education Center* www.agccolorado.org

MSCA Service Managers Training Program November 9-12 Hyatt Regency San Antonio www.mcaa.org San Antonio, TX

Leadership in the Field: Series 1 November 18-20 1:00 pm - 4:00 pm AGC Education Center* www.agccolorado.org

Leadership in the Field: Series 2 December 2-4 1:00 pm - 4:00 pm AGC Education Center* www.agccolorado.org

* AGC Education Center is located at 686 Mariposa, Denver

MCA Members are Colorado Safety Association (CSA) Alliance members and receive alliance member pricing at www.coloradosafety.org.

10 © 2015 MCA Job Done Right • Summer 2015

ASPE-CAMPC Host Joint Trade Show & Education Event ... Continued from page 2.

In honor of Robert Blankenship, former COO of Mile High United Way who passed away in 2013 at the age of 56, CAMPC and ASPE-Denver donated $2,500 to support the United Way’s Youth Success Initiative, helping young people in the community graduate from high school and connect with employers. Through this program, there are opportunities for contractor members to engage and help promote the trades as a career option plus, fill jobs in our industry.

“This is the first trade show that CAMPC has hosted in more than 10 years and we were proud to work together with ASPE-Denver to host this industry event. We plan to build on its success which allows industry partner members to showcase their company and products as well as provides educational opportunities for contractors,” said Dave Davia, Executive Vice President and CEO of the Colorado Association of Mechanical and Plumbing Contractors.

Left to right: Kim Gill, CAMPC; Jeff Small, ASPE; Ann Woosley, CAMPC; Dave Davia, CAMPC; Patrick Walton, Mile High United Way; Susie Poggemeyer,

Mile High United Way; and David Aragoni, Mile High United Way

John Santi (L), SyncroFlo; and Todd Bergeron, Boyer & Seeley

Federated Insurance, premier sponsor booth:

Bryce Nelson and JP West, marketing reps

Drew Hawkins (L) and Ken Cochrane at the booth for event sponsor, Milwaukee Tool

Left to right: Tyson Higginbotham and Richard Sainsbury, Elkhart Products Corporation and Paul Prutch, RKR Manufacturers Representatives

Continued on page 11

Scott Stroup and Ann Kirkpatrick,

representing Event Sponsor, Xcel Energy

Jim Lemen (L), Bock Water Heaters, talks with Dennis Harvey of Viega

Job Done Right • Summer 2015 © 2015 MCA 11

A Leadership Academy for the Construction, Design and Service Industry

Congratulations to the Inaugural Graduating Class of the

MEP Alliance

LEADERSHIP ACCESSINSTITUTE 2014-2015

GRADUATES REPRESENT THE FOLLOWING COMPANIES:• Braconier Plumbing & Heating• Colorado Association of Mechanical & Plumbing Contractors• Dynalectric• Hercules Industries

• Heating & Plumbing Engineers • Intermountain Electric • Leading Edge Mechanical • NM Industrial • Smittick Electric

• St. Andrews Construction Services• Sturgeon Electric• TAB Services• Tolin Mechanical Systems• U.S. Engineering

ASPE-CAMPC Host Joint Trade Show & Education Event ... Continued from page 10.

THANK YOU TO OUR TRADE SHOW SPONSORS!Premier Sponsor Food Sponsors Event Sponsors

Hercules Industries Honeywell

Milwaukee ToolsPriest Zimmerman

WattsXcel Energy

12 © 2015 MCA Job Done Right • Summer 2015

SUPPORT OUR INDUSTRY PARTNERS WHO SUPPORT US!

CHAMPION

Federated Insurance Brian Roussel 121 E. Park SquareOwatonna, MN 55060Ph: 507-455-5704 www.federatedinsurance.com

FloodPros Lane Larsen 1550 Larimer St., Ste 234Denver, CO 80202Ph: 303-330-6068 www.gofloodpros.com

Milwaukee Tool Andrew Hawkins Ph: 303-980-5761 www.milwaukeetool.com

ADVOCATE

CAD-1, Inc. Stan Hennigh 12130 Pennsylvania St.Thornton, CO 80241Ph: 303-428-2706 www.cad-1.com

Marshall Rodeno AssociatesBrian Rodeno 5700 E. 39th Ave.Denver, CO 80207Ph: 303-575-6701www.marshallrodeno.com

NIBCO Chris Bleile 6957 Steeple Ct.Parker, CO 80134Ph: 800-234-4642 www.nibco.com

ADVOCATE (continued)

RKR Manufacturers Representatives Paul Prutch 4600 Grape St.Denver, CO 80216Ph: 303-321-7610 www.rkrnet.com

United Rentals, Inc. Dennis Walker 11250 E. 40th Ave.Denver, CO 80239Ph: 303-576-3510 www.ur.com

Woods & Aitken, LLP Kory George 8055 E. Tufts Ave., Ste 525Denver, CO 80237Ph: 303-606-6700 www.woodsaitken.com

SUPPORTER

Buche & Associates Peter Buche 6301 E. 49th Ave.Commerce City, CO 80022Ph: 303-934-4969 www.buchecarmco.com

Cherry Creek Insurance Group Stephanie Anderson 5660 Greenwood Plaza Blvd., Ste 500Greenwood Village, CO 80111Ph: 303-799-0110 www.thinkccig.com

Coltivar ConsultingSteve Coughran 6901 S. Pierce St., Ste 370Littleton, CO 80128Ph: 303-434-2259 www.coltivar.com

Contact Sales Bill Smith2550 W. 2nd Ave., #100 Denver, CO 80219Ph: 303-232-5515 www.contactsalescompany.com

SUPPORTER (continued)

Ferguson Enterprises Chris Cline 17655 E. 25th Ave.Aurora, CO 80011Ph: 303-739-8000 www.ferguson.com

Golden Bell Press Mike Branigan 2403 Champa St.Denver, CO 80205Ph: 303-296-1600 www.goldenbellpress.com

Honeywell Sue O’Dell 345 Inverness Drive SouthEnglewood, CO 80112Ph: 303-881-4653 www.honeywell.com

Imprints Littleton Doug Mast 8601 W Cross Drive #F-3Littleton, CO 80123Ph: 303-979-6633 www.imprintslittleton.com

KM Sales, LLC Ryan Kindsfather 10550 E. 54th Ave., Unit BDenver, CO 80239Ph: 303-292-1355 www.km-sales.com

Mueller Industries Chris Pyle 1121 29th St., Apt. 104Denver, CO 80205Ph: 901-753-3200 www.muellerindustries.com

Rampart Plumbing & Heating Supply John McCallumPO Box 1089Colorado Springs, CO 80901Ph: 719-471-7200 www.rampartsupply.com

SUPPORTER (continued)

Refrigerants Inc. Chad Schnuelle2575 W. Barberry PlaceDenver, CO 80204Ph: 303-629-1222 www.refrigerantsinc.com

Shyne & Associates Steve Stone 888 S. Jason StreetDenver, CO 80223Ph: 303-722-1300 www.shyneassociates.com

TM Sales Tom Meek 5255 Xenon St.Arvada, CO 81329Ph: 303-375-1515 www.tmsalesinc.com

Tyler Pipe & Coupling A Division of McWane Brian W. Gardner 903-941-0884 www.tylerpipe.com

Viega LLCRichard Reeve 7586 S. Franklin WayCentennial, CO 80122Ph: 800-976-9819 www.viega.us

WennSoft Inc. Mark Huntsman1970 S. Calhoun Rd.New Berlin, WI 53151Ph: 262-821-4100 www.wennsoft.com

Wholesale Specialties Bryan Schiff 4800 E. 48th Ave.Denver, CO 80216Ph: 303-296-2212 www.wholesalespecialties.com

Xcel Energy Bob Macauley 1800 Larimer St., Ste 1500Denver, CO 80202Ph: 303-294-2675 xcelenergy.com