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See what delivers results and keep up to date with important news topics within our industry.
Ohio Supreme Court Rules That Construction Defects are Not Covered Under CGL Policy
The Ohio Supreme Court has again ruled that owners, contractors and subcontractors in Ohio have little protection from construction defects. The construction industry has long relied upon Commercial General Liability (“CGL”) policies to protect against personal injury or property damage losses, including those flowing from construction defects. Large premiums are paid every year to the insurance industry to attempt to insure against risk.
But the Ohio Supreme Court in Ohio N. Univ. v. Charles Constr. Servs., Inc. , 2018-Ohio-4057 recently ruled that a subcontractor’s faulty workmanship is not “fortuitous” and therefore not an “occurrence” under a CGL policy. Therefore, a subcontractor’s faulty work is not covered as an insured risk under a typical CGL policy.
This case means that those relying upon a CGL policy to provide protection from faulty workmanship may have only illusory protection and be operating uninsured.
The Ohio Supreme Court stated that if this decision is a problem for the industry and the citizens of this state, the legislature could change the law and state that a CGL policy in Ohio shall define “occurrence” to include “property damage resulting from faulty workmanship.” Until it does so, all players in the construction process run the risk that construction defects are uninsured. Source: Kegler Brown Construction Law Newsletter
Ten Things to Remember During a Time of Growth

The construction industry is blessed with solid growth but challenged by a labor shortage. Those who remember these simple principles will do well.
1. Now is the time to demand Fair Contract language and secure it.
If not now, when? It is much easier in good times to insist upon equitable contract terms.
2. Condition your bid.
Subcontractors are wise to condition their bids upon fair subcontract language by stating: “This bid conditioned upon use of the AIA A401 or ConsensusDocs 750 subcontract.”
3. Price risk appropriately.
For example, “Pay when paid” vs. “Pay if paid” are much different risks. Greater risk suggests that higher pricing is appropriate.
4. Retain your key people.
The best time to keep an employee happy is before they think about leaving.
5. Beware of “Too Much Too Fast.”
Growth that is too rapid can cause contractors to grow out of cash and experience severe cash flow problems.
6. Beware of unrealistic schedules.
If you do not agree to a schedule, be sure to state your objection in writing, and reserve your rights to additional time or money.
7. Watch your receivables.
Prudent contractors properly manage preliminary notices of furnishings and lien rights.
8. Give proper notice of additional costs.
Your contract requires it, so provide the notice required. Timely notice avoids surprises and increases your leverage for an earlier resolution of claims and change orders.
9. Document … Document … Document.
This is easier to do as technology advances. Daily reports with details, RFIs, photos with notations, and drones all facilitate effective documentation.
10. Only “1 new thing” per job.
Successful contractors minimize risk by only taking on one new thing per project, such as one new customer, new region, or new project manager.
Contractors who keep these suggestions in mind will minimize risk, maximize profitability and succeed in a time of growth in the construction industry.
Rebecca McPhail: Today's youth, tomorrow's workforce
This past year, West Virginia’s economic growth rate was ranked highest of any state in the country, thanks in part to an uptick of manufacturing across industries and the sustained growth of our natural gas industry. Read More...
Ohio County Schools Energy Project Moves Forward
The work might have to be ripped out later, but the Ohio County Board of Education unanimously voted Monday night to add heating and ventilation upgrades at Wheeling Park High School to a list of energy improvement projects set to happen next summer. Read More...
DOL Awards Nearly $1.5 Million to Help American Women Enter Apprenticeships, Expand Job Opportunities
The U.S. Department of Labor has awarded nearly $1.5 million to help recruit, train, and retain more American women in quality pre-apprenticeship and apprenticeship programs, and pursue careers in manufacturing, infrastructure, and cybersecurity, among other industries. The Women in Apprenticeship and Nontraditional Occupations (WANTO) grants announced will help expand pathways for American women to excel in the workplace. To view the press release, visit: .
Wetzel County Schools debut new career technical center
NEW MARTINSVILLE, W.Va. (WTRF) - With the rise of natural gas and pipeline jobs, there has been a bigger push for more career technical education among high school and college students.
Wetzel County Schools has been hard at work all summer building their new technical education center.
This new technical center will allow students from Magnolia, Hundred, Valley, and Paden City high schools to advance their skills in a simulated work environment.
The center had its grand opening on Monday. More...
Construction hiring is booming — and there still are plenty of available jobs
The U.S. shed 2.3 million construction jobs as the housing bubble burst, and has only regained about 1.85 million
An employee welds pipe at Pioneer Pipe in Marietta, Ohio
One of the brightest spots in recent employment reports has been construction hiring. 
Employers added a net new 23,000 construction jobs in September, the  Labor Department said Friday,  and the number of people working in the industry was 315,000 higher compared to a year earlier. Read More...
First Look: Shell raises tallest structure at Beaver County plant
Shell on Sunday raised the tallest structure on the site of its Beaver County petrochemical plant, a football-field-sized tower.
It took just about 12 hours to place the 288-foot, 2,000-ton quench tower, which will when the plant is up and running cool the ethylene stream during the process that turns Marcellus and Utica ethane into polyethylene pellets.
The work to lift the quench tower began around 4 a.m. at Shell's site in Potter Township near the Interstate 376 bridge over the Ohio River. One of the world's largest cranes called MSG 80, brought specifically to Beaver County for the job by Mammoet — took the tower from the ground to its place upright. The painstaking process began, on schedule, and was on the foundation by 3:30 p.m. Shell reported no problems getting the structure in place.
"The lift of the quench tower is another significant milestone in changing the skyline of the project in Potter Township," said Shell spokesman  Joe Minnitte . "This was a complex lift and was executed as planned by our project team and Mammoet."
At about 8:45 a.m., the quench tower stood suspended by crane at a 45-degree angle, harnessed in place by a truss near the top of the cylindrical structure. It stood at that angle for hours in the bright Beaver County sunlight.
After several hours, around 11 a.m., the tower began to move again to its upright position and by noon, it looked pretty much in place. The Mammoet crane, which took six weeks to be set up at the site for this one job, will start to be disassembled this week and will be leaving the site by Thanksgiving.
While not publicized, the site of the tower at an angle didn't go unnoticed by Beaver County locals. At the former Lockhouse 6 restaurant, directly across the Ohio River from the bottom part of the plant property, a handful of cars and trucks stopped in the lot to gaze and take photos of the tower as it was put into place.
A Year in, Shell Ethane Cracker Project in Pa. Begins to Take Shape
About 3,000 construction workers, 50 gigantic cranes, 42 aluminum silos. Large gas compressors, turbines, de-ethanizers, ethane cracking and polyethylene processing units. All in fewer than 365 days.
It's not quite a year since Shell Chemicals announced last November that it had started "vertical" construction on a $6 billion ethane cracker plant in Potter Township . Read More...
Legislative News
Norcross, McKinley Introduce Bill to Expand Pre-Apprenticeship Programs
U.S. Congressman Donald Norcross (D-NJ-01) and David McKinley (R-WV-01) – co-founders of the Congressional Building Trades Caucus – introduced the Pre-Apprenticeships To Hardhats (PATH) Act, H.R. 6820, which expands pre-apprenticeship programs for underrepresented populations. Read More...
The unemployment rate fell to 3.7%, the  lowest since 1969 , according to the September jobs report released today. More than 4.2 million American jobs have been created since November 2016.
Safety and Education
6 Steps to Building a Solid Estimate
One of the most important skills needed to run a successful contracting business is the ability to prepare accurate project estimates. If a contractor’s estimates aren’t accurate, there is a risk of losing money on the project. Developing a precise project estimate requires attention to detail and should adhere to the best practices of the industry. Estimators have told us that following six steps will help ensure that estimates are accurate and on point for every project. Read More...
According to the Bureau of Labor Statistics, excavation and trench-related fatalities in 2016 were nearly double the average of the previous five years. OSHA has made reducing trenching and excavation hazards the Agency's Priority Goal. Trench collapses, or cave-ins, pose the greatest risk to workers' lives. To prevent cave-ins:
  • SLOPE or bench trench walls
  • SHORE trench walls with supports, or
  • SHIELD trench walls with trench boxes
Employers should also ensure there is a safe way to enter and exit the trench. Keep materials away from the edge of the trench. Look for standing water or atmospheric hazards. Never enter a trench unless it has been properly inspected.
29 CFR 1926.650 29 CFR 1926.651, and  29 CFR 1926.652  are applicable OSHA standards.
The Facts About Obtaining an OSHA Card
Many job creators ask their workers to obtain an OSHA card. This often refers to the  Occupational Safety and Health Administration's   (OSHA)  Outreach Training Program's  10-hour and 30-hour safety courses. Unfortunately, there has been an increase in fraudulent activity related to these courses over the past several years. Knowing the facts can help workers avoid fraudulent trainers and courses. Read More...
Membership Networking Opportunity
Member Appreciation
After Hours

Oglebay Garden Bistro:
Wednesday Oct 10th

Open Bar 5:30 - 7:30 ow

Please join us for our first quarterly Member Appreciation After Hours! 

The OVCEC represents the best of Ohio Valley business, and our mission is to connect as many members and businesses as possible! This is why we will be hosting quarterly member appreciation after hours, and will be encouraging all members to bring a guest that would benefit from the OVCEC. We will also be inviting special guests for our members to spend time with, such as political officials, project managers, and gas/oil leaders.

This events theme is "Political", and we will be inviting over 30 locally elected officials to join us. Be sure you take time to voice your needs and thoughts to them directly!

What to expect and why you CAN'T MISS:

·           Open Bar ft. Wine, Beer, and Cocktails with heavy Hor d'Ouevres
·           2+ hours of networking with OVCEC members - we have over 200!
·           Face to face time with sitting, locally elected officials from across the OV
·           A business casual environment that allows you to get more involved
·           No cost to members and their guests
This is open to ALL OUR MEMBERS and their employees!

OVCEC After Hours

Oglebay Garden Bistro 
10/10/18 5:30pm - 10/10/18 7:30pm 
Open Bar Networking!
Call 304-242-0520 to RSVP
or email us at

We would like to thank our partners at Oglebay for making the Bistro available to us. Drink responsibly, plan ahead !
Safety Tool Box Talk
Plan Room News
What Is the OVCEC Plan Room?
  • It is a conveniently located source of construction plans for the Ohio Valley area
  • It publishes a weekly Construction Report listing projects out for bid, due dates, apparent low bidders and contracts awarded
  • It provides updates on projects throughout the week by email
  • It provides online access to plans and specifications for your review and downloading
  • It provides bidders lists
  • It has staff that will get the plans you need whenever possible

Submit Plans & Specs
As an Owner or Architect of a project, placing your project plans in the OVCEC Plan Room will help to insure the success of your project.
The Plan Room will:
  • Help you publicize your project
  • Increase the quantity and quality of bids you receive for your project
  • Help you get addenda out to bidders
  • Reduce your cost of blueprint duplication by allowing electronic submission to Plan Room Online