1. business and industrial
2. construction

E-News for March 13, 2015
Dear Members and Friends:
Notice of Non-Responsibility Loophole You are doing a TI for a tenant and the
first day of work there is a “Notice of Non-Responsibility” posted conspicuously
by the door. The notice says that the owner of the property is not responsible for
any costs if the project goes bad, and that there are no lien rights against the
property. So when the job goes bad two months later, did you really lose your lien
rights when the notice went up? Maybe not! See our LAST PAGE to find out if you fit into a very
common loophole!
Wage Statement Litigation on The Rise Class action lawsuits, based in part on
violations of California Labor Code Section 226, are increasing at an alarming
rate. Section 226 mandates that employers provide their employees with, as a
detachable part of the employee’s paycheck, an itemized statement containing several
categories of specific information. These class action lawsuits seek penalties on behalf
of all employees who receive non-compliant wage statements. Section 226 was
amended in 2013 to provide for hefty penalties – even where the employee cannot prove any actual
damages. Compliant wage statements must set forth accurate and complete information, including but
not limited to:
1.
2.
3.
4.
5.
6.
7.
8.
Gross wages earned;
All deductions;
Net wages;
Total hours worked by the employee (unless exempt);
The inclusive dates of the period for which the employee is being paid;
The name of the employee and either the last four digits of the employee’s social security
number or an alternative employee identification number;
The name and address of the legal entity that is the employer; and
All applicable hourly rates in effect during the pay period.
Many employers include only the pay period end date and fail to include their correct legal name and
their full address. These mistakes can result in significant liability to employers. We urge you to check
your wage statements to ensure they are in compliance with Section 226. Thanks to SWEENEY,
MASON, WILSON & BOSOMWORTH is a Professional Law Corporation
located at 983 University Avenue, Suite 104C, Los Gatos, California,
95032, (408) 356-3000 for sending this in.
Office Space at the Exchange – Bright, Sunny Friendly 169 sf of full
service office at the Exchange. Good location and includes everything
except telephone and internet. Call us at 650-591-4486.
Fun Stuff and Workshops at the Exchange!
We are fortunate to have noted construction attorney, Cathleen Curl, of Manos
and Curl in Millbrae hold construction law workshops for our members. Please
take a moment to look for the sign up flyer(s) in this issue. These workshops are
free for members and their employees. Non-members are welcome for a fee.
Construction Contracts – Understand what you sign. 3/18/2015 9:30 AM until about 11:30 AM
Members FREE – Non Members $70
Small Claims Court – Prepare and win your case. 4/1/2015 9:30 AM until about 11:30 AM Members
FREE – Non Members $70
Other Workshops:
Beginning Contractor – Lots new this year, find out what you
need to know. Covers things like business organization, finding
customers, customer satisfaction, banking, safety and insurance.
3/25/2015 9:30 AM until about Noon. Members FREE – Non
Members Free (see flyer for detail)
Fun Things on the Way
Twilight Golf – This is low key and fun 9 hole golf – Perfect for those
who just want to have a good time. Keeping score is optional. Monday
4/13/ Shotgun start at 6 PM Pizza and fun afterwards! Mariners point
golf course. $25 for everything – Signup for inside.
Fishing in Baja leave July 9th and return July 13th – Big game fishing in La
Paz, Mexico Includes just about everything – flyer coming next week – but
don’t delay – we could only get 20 spots this year. Watch for a Members
Only email next week.
More theatre – Join your fellow members and bring your friends to three theatre events!
Phantom of the Opera
Sign up now to make sure you get tickets!
Sign up flyer in this issue
Matilda Sign up now to make sure you get tickets!
Sign up flyer in this issue
The Book of Mormon – The best play in years! We were able to get more tickets!
Sign up flyer in this issue
Conference Room Use – Members are welcome to use the conference room
at 735 Industrial free of charge during business hours. Sign up is on a first
come first served basis and you can reserve the room by calling us at 650591-4486. It holds about 20.
Local Business Outreach for San Jose / Evergreen Community College
District. Good opportunity for Minority. Woman Owned and Small Business.
Come to the Vendor – Contractor Open House 9AM until Noon on April 10th
at the San Jose City College Technology building. More info call Joan at 510-509-8445
Follow us on Twitter at: https://twitter.com/PBX101E
Not just for kids! It’s a good way to keep up with things at the Exchange. If you don’t have
Twitter, you should get it on your cellphone. It gives you brief messages and if you are
interested in the topic, you can download from the source by tapping a link. If you are not interested, just
ignore it. The good part about Twitter is that it is non-invasive. You can review it in an instant from
anywhere and ignore what you don’t want to see.
Come See Us! We are open 7:30 AM to 4:30 PM on weekdays – stop by and see us
at 735 Industrial Road in San Carlos (between Holly and Whipple) We are a nonprofit, member run association dedicated to helping contractors, subcontractors,
suppliers, designers and others in the construction industry. We have been doing this
since 1945.
Sincerely,
Tom McGinley
Executive Director
---------------------------------------------------------------------------------------------------------------------------Classified Ads for Members – If you are a member you can run a brief classified ad in this
newsletter for free (circulation 1176 weekly). These can be ads for equipment for sale /
wanted or for help wanted or other “stuff”.
Send your ad to: [email protected] and please use Microsoft Word format
HELP WANTED - Chief Estimator - General Contractor located in the Central Valley seeks a Chief Estimator with
ability to estimate complete, competitive bids for public and private work projects. Responsible for managing
and staffing Estimating Department. Estimating concrete and framing for self-performance required. The
successful candidate must also have an intimate knowledge of trade subcontractors and suppliers. Salary DOE.
Please send resume and salary requirements to [email protected] or fax to (559) 896-8609.
319RutledgeSt.,SanFranciscoCA94110|CALicenseNo.970768
INVITATION TO BID AS SUB-CONTRACTOR TO
WICKMAN DEVELOPMENT AND
CONSTRUCTION
Project Name: Lakeshore Elementary School Roofing and Storefront Project, PROJECT NO: 11058
Project Location: 220 Middlefield Drive, San Francisco, CA 94132
Project Client/Owner: San Francisco Unified School District
Plans Available At: ARC Northern California, 945 Bryant Street, San Francisco, CA 94103 as well as
Builders Exchange of San Francisco.
Bids Due to Owner/Client By: 03/19/2015 at 3:00 PM.
Bids Due to Wickman Development and Construction By: 03/19/2015 at 11:00 AM (always 4 hours prior
to bid submittal).
Advertised Engineer’s/Architect’s/Owner’s Estimate: $850,000.
Participation Goals:.
DVBE Goal:
3%
Union Affiliations: Wickman Development and Construction is signatory to the Carpenter’s and Laborer’s
Unions of Northern California Master Agreement. All sub-contractors who intend to bid scopes of work to
Wickman Development and Construction that fall under the Master Agreement of these unions must also
be signatory to these unions or we cannot list them for that portion of work.
Scope of Work Wickman Development and Construction will be accepting on this Project:
*Windows/Blinds/Screens
*Electrical
*Painting
*Stucco
*Roofing
*Haz-Mat and demo
Will your firm be bidding on this project as a sub-contractor to WD&C?
__YES __No
Please check Yes or No and return entire form via fax (415) 341-0155 or e-mail
[email protected]
With Best Regards,
Jonathan D. Wickman
Jonathan D. Wickman
P.E., CCM, LEED AP
Chief Business Officer
Wickman Development and Construction
Attachments: None
Invitation to Bid as a Sub-Contractor to Wickman Development and Construction
Page 1 of 2
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ADVERTISEMENT CONFIRMATION LETTER
Gonsalves & Stronck Construction Company Inc. is seeking quotations from City & County
of San Francisco HRC Certified DVBE Firms for the following project:
PAUL REVERE ELEMENTARY SCHOOL MODERNIZATION
(San Francisco Unified School District)
555 Tompkins Ave
San Francisco, CA
(PROJECT # 11516)
BIDS DUE: March 31, 2015 by 1:00PM
Gonsalves & Stronck Construction Company Inc.
1000 Washington Street
San Carlos, CA 94070
Phone # 650-802-2960
Please Submit & Fax all proposals to 650-802-2970
For more information, please call 650-802-2970
Contact Person: Lori Eldredge
Email: [email protected]
• 1000 Washington Street, San Carlos, CA 94070-5319 • TEL: 650/802-2960 • FAX: 650/802-2970 • Lic.672769
• E-MAIL: (contact person)@gs-construction.com
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Please reserve ____ seats for the Construction Contracts Seminar. (*Please arrive on Ɵme to avoid disrupƟng the seminar*)
Check for $ _________(Free for members & their employees on payroll, $70.00 Non-member per person) is enclosed or
Visa/MC/AE Card # ____________-___ _________ - ___________ - ___________ Exp. ______/ ______ CVV ________
Attendee(s) (Please Print)_____________________________________________________________________________
Company Name: ____________________________________________________________________________________
Address:____________________________________________________________________________________________
Phone:___________________________________Email________________________________________________________
Mail or Fax (Credit Card only) with Payment to:
Peninsula Builders Exchange, 735 Industrial Road, Suite 100, San Carlos, CA 94070-3314
Phone: 650-591-4486 Fax: 650-591-8108
Spring 2015 Workshops &
Events Schedule
California Lien Law – Protect your rights to payment. 3/11/2015 9:00AM until about
Noon Members FREE – Non Members $70
Construction Contracts – Understand what you sign. 3/18/2015 9:30AM until about
11:30AM Members FREE – Non Members $70
Small Claims Court – Prepare and win your case. 4/1/2015 9:30AM until about
11:30AM Members FREE – Non Members $70
Beginning Contractor – Lots new this year, find out what you need to know.
3/25/2015 9:30AM until about Noon. Members FREE – Non Members Free (see flyer for detail)
Book of Mormon – Theatre – The best show in decades! See it!
Tickets by 1/22/15 $100.00each Show 5/8/2015 Check payment only for theatre events
Matilda – Theatre – A play by based off Roald Dahl’s book – Really good!
Tickets by 2/5/15 $65.00 each Show 8/12/2015 Check payment only for theatre events
Phantom of the Opera – Theatre – Over 800 members and their employees can’t be
wrong! See it! Tickets by 2/5/15 $86.00 each Show 9/23/2015 Check payment only for theatre events
Please reserve __________ seats for ___________________________On ____ / _____ / _______
Use one form for each workshop or event. (Don’t forget to keep a copy of your form!)(*Please arrive on time to avoid disrupting the seminar*)
Check for $ _________ is enclosed or Charge $________ to Credit Card (All Seminars are Free to Members)
Visa/MC/AE Card # ____________-___ _________ - ___________ - ___________ Exp. ______/ ______ CVV ________
Attendee(s) (Please Print) ____________________________________________________________________________
Company Name: ___________________________________________________________________________________
Address: __________________________________________________________________________________________
Phone: ___________________________________Email____________________________________________________
Mail or Fax (credit card only) with Payment to:
Peninsula Builders Exchange,
735 Industrial Road, Suite 100, San Carlos, CA 94070-3314
Phone: 650-591-4486 Fax: 650-591-8108
Airline Information Form – La Paz, Mexico
July 9th, 2015 thru July 13th, 2015
Name (As it appears on your passport):__________________________________________
Date of Birth: _________________________________________________
Gender (circle one): Male
Female
Passport #:____________________________________________________
Issue date on Passport: _________________________________________
Expiration date of passport: ______________________________________
Origin of Passport (example: USA):________________________________
Country of Birth: ________________________________________________
Contact person in case of emergency: ______________________________________
Phone number of Contact person: (______) __________________________
Additional information needed by the Peninsula Builders Exchange
Home address: _______________________________________________
City: ___________________________ Zip: _______________
Phone Number: (______) _______________________________________
E-mail:______________________________________________________
Due Dates: - per person
April 3rd, 2015
$800.00 Deposit and Signup Form
*Deposit must be including with signup form to hold your spot.*
May 1st, 2015
$790.00 Final Payment
Company Name:_______________________________________________________________
Contact Name:_____________________ Phone:__________________________
Deadline for
Easter Orders
Friday, March
27th, 2015@
12:00PM
You will be
called
when your order is ready.
Return Order
Form & Check
to:
Peninsula Builders
Exchange,
735 Industrial Rd.,
Suite 100, San Car-
los, CA 94070-3386
(650)591-4486
Total:_________
FAXED ORDERS
WILL NOT BE
ACCEPTED
THE STORYTHE STORY
“WELCOME TO THE DELIRIOUSLY AMUSING, MALEVOLENT, HEARTWARMING, HEAD-SPINNING WORLD OF MATILDA THE MUSICAL. YOU WON’T WANT TO LEAVE.” –
BLOOMBERG NEWS
Winner of 50 international awards, including the Tony Award®, and
one of the biggest hits on Broadway, MATILDA THE MUSICAL is
the story of an extraordinary little girl who, armed with a vivid imagination and a sharp mind, dares to take a stand and change her
own destiny.
Rolling Stone calls the show “hands down the BEST MUSICAL of
the season.” Based on the beloved novel by Roald Dahl, MATILDA
continues to thrill sold-out audiences of all ages on Broadway and
in London’s West End.
The Wall Street Journal says, “The makers of MATILDA have done
the impossible – triumphantly! It is smart, sweet, zany and stupendous fun.”
“ONCE IN A BLUE MOON, A SHOW COMES OUT BLAZING AND RESTORES YOUR FAITH
IN BROADWAY. MATILDA THE MUSICAL IS THAT
SHOW.” NEW YORK POST
“MATILDA IS THE BEST MUSICAL SINCE THE LION KING!”
– TIME MAGAZINE
“THE BEST FAMILY MUSICAL IN YEARS.” – CHICAGO TRIBUNE
Wednesday August 12th, 2015at 8:00pm Orpheum Mezzanine at 1192 Market St, San Francisco, California 94102 Deadline for ckets Thursday June 11th, 2015 Yes, Please reserve______Seat(s) for MaƟlda the Musical
My Check for $__________($65.00 each) is included.
Name:_________________________________________________________________________________________
Company Name:_________________________________________________________________________________
Address:________________________________________________________________________________________
Telephone:___________________________Email:______________________________________________________
Please return with payment to:
Peninsula Builders Exchange, 735 Industrial Road, Suite 100, San Carlos CA 94070
There are 9 reasons why companies belong to the Exchange:
1. Problem Solving – we help you solve business problems
2. Staff help – You may know everything – but how about the people who work for
you? We are here to help them also.
3. Social contacts – Work with, travel with and learn from others in your Exchange.
4. Power in Numbers. Hundreds in San Mateo County and Thousands in the State
through GSBE.
5. Training and Assistance – Your existing managers, foremen and field people need
to work safer, smarter and more profitably . We do construction industry training.
6. Relationships – We all help each other.
7. Projects and Plans on-line – Over 2700 projects for you to bid in the last year.
8. Discount on State Fund Worker’s Comp for Firms that qualify.
9. Levels of Participation – You have the opportunity for all levels of participation
from trips to exotic locations and calling in your questions and problems for on the
spot help. Or you can just use the on-line plans; safety and business training and
updates on industry news and legislation. You decide how much participation you
want.
Fill out the attached membership application and make your company a part of our
construction community today!
Membership Application Fax To: 650‐591‐8108 Peninsula Builders Exchange 735 Industrial Road #100 San Carlos, CA 94070 650 ‐591‐4486 [email protected] Firm Name ___________________________________________________________________________ Telephone _____________________ Fax _______________________ Email _______________________ Name of Owner. ________________________________________________________ Contact Person ____________________________ Title _________________________ Business Address ______________________________ City & Zip ________________________________ Mailing Address _______________________________ City & Zip ________________________________ Email _________________________________________ Website _______________________________ Type of Business _________________________________________________________________ Contractor’s License # ____________________________ Classification ______________________ Membership Statement: This applicant, upon acceptance for membership in the Exchange agrees to abide by all rules and by‐laws of the Exchange. The Peninsula Builders Exchange is a non‐profit, member run association dedicated to improving standards and communications within the construction industry. We have been assisting contractors, sub contractors and suppliers since 1945. Visa / MC ____________/ ____________/ ______________/ _____________ Exp. Date ____________ Name on Card: ___________________________________________ VIN Number _________________ Authorized Signature: ______________________________________________ Date: _____________ Referred By: ________________________________________________________________________ Application Fee of $100 Annual Dues: $400 (Total $500) please include with application Visit us on the internet: www.ConstructionPlans.org www.ConstructionAssistant.com www.ConstructionFinder.com Peninsula Builders Exchange, 735 Industrial Road #100, San Carlos CA 94070 650‐591‐4486(v) 650‐591‐8108(f) [email protected] New Contractor Seminar
How to get a successful start as a
sub or general contractor!
Building the project is the easy part for starting-out
contractors – it’s the other stuff that takes up time and makes problems! This short free
seminar will get you started out right to make your business successful! Learn about:







Bidding
Finding customers
Insurance
Bookkeeping
Managing growth
Banks, lines of credit and bonding
Employees
You have to wear many more hats than just your hard hat! This is a great overview of what
you need to do to be successful! This seminar is FREE but it is limited to all Exchange
Members plus non-member contractors who have gotten their license after 1/1/2011.
Please fill out the enclosed form and let us know you are coming!
At the Exchange, Wednesday, March 25th, 2015 From 9:30 AM until About Noon
The Peninsula Builders Exchange is a Community Based, Non-Profit, Member run association dedicated to
improving conditions in the construction industry. We serve contractors, subcontractors and suppliers. We have
been doing this since 1945
Free to all Exchange Members plus New Contractors with license issued after 1/1/2011, but Please let us
know you are coming!
Please reserve __________ seats in the New Contractor Seminar on Wednesday, 3/25/2015
Name: (Please Print) ____________________________________________________________
Company Name: _____________________________________________________________
Email:
____________________________________________________________________
Phone: _____________________________________________________________________
Mail or Fax to Peninsula Builders Exchange, 735 Industrial Road, San Carlos, CA 94070-3314
Phone: 650-591-4486 Fax: 650-591-8108
Hailed as “Stunning, intense and spectacular” by the Sunday Ex‐
press, this produc on features a brilliant new design by Paul Brown, costumes by the much missed Maria Björnson, a new staging by Laurence Connor – di‐
rector of the recent acclaimed 25th anniversary celebra on at the Royal Albert Hall – and new choreography by Sco Ambler. The produc on is overseen by Ma hew Bourne and Cameron Mackintosh. September 23rd, 2015 at 8:00pm Orpheum Mezzanine at 1192 Market St, San Francisco, California 94102 Deadline for ckets Thursday February 5th, 2015 Yes, Please reserve______Seat(s) for The Phantom of the Opera My Check for $__________($86.00 each) is included. Name:_________________________________________________________________________________________ Company Name:_________________________________________________________________________________ Address:________________________________________________________________________________________ Telephone:___________________________Email:______________________________________________________ Please return with payment to: Peninsula Builders Exchange, 735 Industrial Road, Suite 100, San Carlos CA 94070 Ques ons call: 650‐591‐4486 ts:
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WEDNESDAY, APRIL 29, 2015
R
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10:30 A.M. TO 12:30 P.M.
CO
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Laborer’s Training Center
1001 Westside Drive
San Ramon, CA 94583
Invite Coming Soon
Cathleen Curl Seminars
mall Claims Court
Morning Seminar at the Exchange
Wednesday, April 1st, 2015
9:30 am to 11:30am
*Please arrive on Ɵme to avoid disrupƟng the seminar*
Cost per person:
Free for members & their employees
on payroll
$70.00 non members
• Prepare your case
• Courtroom Presentation
Construction Attorney
Cathleen Curl shows you
how to prepare and win a
• What should be included
case in small claims court.
• What to Avoid
An excellent way to collect
• Serving the other party
those smaller debts
• Actual forms for you to use
yourself!
Please reserve ____ seats for the Small Claims Court Seminar. Space is limited!
Check for $ _____(free for member & their employees on payroll, $70.00 Non-member per person) is enclosed or
Visa/MC/AE Card # _________-_________-_________-_________ Exp. _____/_____ CVV ______
Name: (Please Print)____________________________________________________________________________________________
Company Name: ________________________________________________________________________________________________
Address:________________________________________________________________________________________________________
Phone:__________________________________Email___________________________________________________________________
Mail or Fax (Credit Card Only) with Payment to:
Peninsula Builders Exchange, 735 Industrial Road, Suite 100, San Carlos, CA 94070-3314
Phone: 650-591-4486 Fax:650-591-8108
Peninsula Builders Exchange Twilight
Golf 2015
2401 E. 3rd Avenue
Foster City, CA 94404
No Experience Necessary
Monday, April 13th, 2015 at 6pm
$25.00 per person golfer
Includes:1 Round of Golf on Lighted 9 Hole Course
with a Shotgun Start, & Pizza at 5pm
Sign Up By March23rd, 2015
First Come First Served
Company Name:__________________________________________________________________________
Contact Name: ___________________________________________________________________________
Address:___________________________________________Zip Code_____________________________
Phone #:__________________________________ email:________________________________________
Golfers Name(s):
1.__________________________________________2.___________________________________________
3.__________________________________________4.___________________________________________
Please mail this form with check to: Peninsula Builders Exchange
735 Industrial Road, Suite 100, San Carlos, CA 94070 650-591-4486
Your Connection to the Industry...
Contractor ProView h
f Supplier ProView
ProView is how the entire construction industry
will see – AND connect – with companies like yours when they search
thebluebook.com. It provides all the information decision-makers need
about your company in one complete, convenient format.
ProView quickly brings your projects or products to life with a dynamic
full-color, image gallery! It’s also equipped with a personalized, portable
URL so you can feature it in all of your marketing communications.
Don’t have a website? ProView offers a powerful solution that includes:
Get your company connected to the industry
today with a Blue Book Network ProView.
800-431-2584 | www.thebluebook.com
• Complete Company Information/Branding
• Geographical Areas Serviced
• Recently Completed Projects
• Full-Color Photo Gallery of Your Projects/Products
• Email Links for Information and PreQual Requests
• Links to Specs, BIM, CAD and other “Related Files”
• Name Brands and Products Installed/Supplied
• Trade Associations, Memberships & Govt. Certifications
Peninsula Builders Exchange and ARC Document Solu ons has partnered up to offer a discounted price on prints for Peninsula Builders Exchange Members! If you place your order though Peninsula Builders Exchange it will be $4.50 a sheet up to 24” x 36”! If you would like to place an order please email Andrea at an‐
drea@construc onplans.org with the name of the project and what pages you want (Phone orders will not be accepted). If you have your own set of drawings you’d like printed please a ach that file with what pages you’d like. You’ll be no fied when your order is ready. Orders should be ready to be picked up at the ARC of your choice in 24 hours. C.H.A.S.E.
Need Help With Safety?
Need Help With Safety and Environmental
Issues? The Safety Resource for Peninsula
Builders Exchange Members is C.H.A.S.E.
C.H.A.S.E. President Bill Sanborn is the regional expert on Construction
Health and Safety Issues. If you need safety advice please give him a
call!
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Safety Plans (IIPP)
Construction Safety Related Training
Cal-OSHA Paperwork
Citation Defense
Environmental Issues
Employee Safety and Exposure
Ergonomics
Call Bill Sanborn at:
408-374-9565
Three Cards One Invoice
With this “Freedom” card you can
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Control Fueling Settings
Shop for the Best Street Price
Charge Maintenance and repairs
Use almost any gas station
Manage your account online
NO FEES
With this “Cardlock” card you can
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Control Fueling Settings
Fuel oversized trucks
Use high-flow pumps
Use unattended sites
Manage your account online
NO FEES
With this “Retail” card you can
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Control Fueling Settings
Shop for the Best Street Price
Charge Maintenance and repairs
Charge Hotel Stays
Manage your account online
NO FEES
Michael Nathan
(510) 376-4700
[email protected]
Office for Rent – 169 sf Full Service at the Exchange
We have good offices for your business! - 169 square feet of full service carpeted office, including
utilities, janitorial, Free mail and Package Receipt and Free conference room use, Copier, Lunch Room
and Parking right outside the door
The building has a good mix of small businesses including accountants and software.
Good, friendly, quiet building near 101, downtown San Carlos, Oracle, 24 Hour Fitness and train station
with lots of parking. Coffee room and copier on site.
This is a nice small business friendly environment and a good place to work. Good for any small business.
.
Services Provided & Included:
Utilities
Janitorial
Mail & Package Receipt
Free use of Conference Room
Copier Coffee Room/Lunch Room
24 Hour Access
We rent this office with full service which includes janitorial, all utilities and free conference room use.
This is a Gross lease, which means you pay one price ONLY the monthly amount -- You do not pay any
extras for taxes, insurance, maintenance, etc. that are in the typical "net" (NNN or NN) lease. Just add
telephone and internet if you want them from ATT or Comcast (both in the building) and you are good
to go .
For an unbeatable price call Tom or Leslie or Andrea at 650-591-4486.
Reduce Health Insurance Costs? Don’t expect a miracle but there are a
few things you should do! The legislated inclusion of many people who
could not get “normal” health insurance has really increased the price
that everyone pays. Insurance is one of the biggest employee expenses
you have – and one that has come under increased attention in the last
two years. There are a couple of things you should do to try and keep
costs under control:
Form a small group: In California a group can be two people or more. Even with only
two people in the “group” you get about 5% off the single person premium. If you can
put together a larger group of more than five insured you can save up to 10%.
Look for the “sweet spot”. The sweet spot is the best cost versus benefit policy. Carriers
play the numbers to make their policies appealing. If you look at you likely usage versus
the premium, deductible and out of pocket max, you will find that there is usually a
policy that will actually cost you less overall considering all costs, and it is usually not
the least expensive nor is it the most expensive choice. You should check this annually
because the rates and plan features change rapidly in these troubled times for health
insurance.
Compare carriers annually. The carriers have to make a profit to stay in business, but
the age mix of their customers can help change the cost. A carrier with a lot of young
customers can have lower rates for the older ones (under Obamacare the young “support”
the old) so check your rates against other carriers every renewal period to see if things
have changed.
You need help doing this. You need a broker with the patience and desire to really help you
rather than just make more money by increasing your premium. We recommend Todd Taylor at
Taylor Benefits. He has helped over 100 members save on health insurance. You can reach Todd
at 408-358-7502
Health Insurance Answers You Can Trust
 Need help in understanding how to get decent
coverage?
 Want to see if you will benefit from the 2014
changes?
 Will an HSA work for my insurance needs?
 Will health insurance help retain employees?
 Can I position my income for a insurance subsidy?
 How can I get “guaranteed issue” if I have health
problems?
 Which carrier should I choose?
 Plan Administration and Paperwork? – Just leave it to
Us!
Call Todd Taylor, our preferred Health Insurance Person for straight
forward answers you can trust. Todd has helped over 100 members!
650-594-5933 408-358-7502
Choose from any of the following plans:
Kaiser-Convenient & one close location for all of
your health care needs
Anthem Blue Cross & Blue Shield - Largest
selection of plans & largest PPO networks in the state
Health Net-great alternative carrier to the Blues with
competitive plans
Health Insurance Answers You Can
Trust!
408-358-7502 or 650-594-5933
Litigation History Search Request
One of the best ways for residential contractors to assess your owner client is to look at their
past. Have they been involved in a lot of litigation? People tend to continue the same pattern in
life and those who have had a great many disputes in the past will probably also have them in the
future. Your exchange will provide member companies with a San Mateo County court history
of prospective clients.
Please complete the form, sign and return to PBX by fax or mail. Please note that all responses to
your request are by email only, so be sure to provide a clearly printed email address.
Name of individual _________________________________________________________
Last known address: ________________________________________________________
________________________________________________________
Name of Member Company: __________________________________________________
Name of person making request: _______________________________________________
Email for response ___________________________________________________ print clearly
Contact telephone: ____________________________________________________
We make no warranty or guarantee concerning the accuracy or reliability of the content.
Assessing accuracy and reliability of information is the responsibility of the user. Information is
provided from public records. Peninsula Builders Exchange and its suppliers shall not be liable
for errors contained herein or for any damages in connection with the use of the information
contained herein.
Signature: __________________________________ Date: _____________________
Fax to: 650-591-8108
Mail To: Peninsula Builders Exchange, 735 Industrial Road, San Carlos, CA 94070
What’s on the website? www.ConstructionAssistant.com
About Us
Help
Tab 1 Company Profile is all about you and your company This first tab is where you build your profile
and list the facts about your company which will be visible to all members in system and company
profile to the outside world through www.ConstructionFinder.com
o Employee details – Here is where you create your profile, see your trainings, enter new
safety (or other) training, change your password and get in-system emails and notices.
o Company Details – Here is where you create your company profile, add or subtract
employees, give them permission to see things and change things. View all trainings and
all employees.
Tab 2 Project Finder This is a full service, sortable database of projects out for bid by bid date. Most
plans and specs are downloadable.
o See all projects open for bidding and sort for projects by name, bid date, owner, location
etc.
o See listed bidders and owner
o Download plan sets, specs and addendums
o See closed projects. Handy if you need a set of plans or list of bidders
o Post your own plans for others to see and bid
Tab 3 Training Information– Here is where you and your employees link to companies you share
training information with such as subs, owners and generals.
o See linked companies
o See all Exchange member companies
o See all trainers in your system and add trainers that you use
Tab 4 Vendor Management – Here you and your employees track and rate your vendors. This is your
historical record of how different vendors have worked out.
o Search vendors by trade and rating
o Create and view your book of vendors
o Add vendors to your book
o Rate vendors in your book
Tab 5 Management Tools – Here you will find a variety of things to help you run your business. See the
latest bulletin, read the public works manual, learn about the SFPUC LBE program, download some
common forms.
o Get 54 Toolbox Topics (tailgate topics)
o Management Training in; Cal-OSHA, Cash Flow, New Hire, Employee Injury, 401k plans,
Supervision, Lien Law, Managing Worker’s comp and Evaluating Employees.
o Take fun tests and quizzes.
Will a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?
The “Notice of Non-Responsibility” is one of the most misunderstood and ineffectively used of all the
legal tools available to property owners in California construction law. As a result, in most cases the
answer to the above question is “No”, the posting and recording of a Notice of Non-Responsibility will
not prevent enforcement of a California Mechanics Lien.
The mechanics lien is a tool used by a claimant who has not been paid for performing work or supplying
materials to a construction project. It provides the claimant the right to encumber the property where
the work was performed and thereafter sell the property in order to obtain payment for the work or
materials, even though the claimant had no contract directly with the property owner. When properly
used, a Notice of Non-Responsibility will render a mechanics lien unenforceable against the property
where the construction work was performed. By derailing the mechanics lien the owner protects his
property from a mechanics lien foreclosure sale. Unfortunately, owners often misunderstand when they
can and cannot effectively use a Notice of Non-Responsibility. As a result, the Notice of NonResponsibility is usually ineffective in protecting the owner and his property.
The rules for the use of the Notice of Non-Responsibility are found in California Civil Code section 8444.
Deceptively simple, the rules essentially state that an owner “that did not contract for the work of
improvement”, within 10 days after the owner first “has knowledge of the work of improvement”, may
fill out the necessary legal form for a Notice of Non-Responsibility and post that form at the worksite
and record it with the local County Recorder in order to prevent enforcement of a later mechanics lien
on the property.
What commonly occurs however is that early in the process the owner authorizes or even requires its
tenant to perform beneficial tenant improvements on the property. This authorization is often set forth
in a tenant lease or other written document. The dispositive factor for determining whether the Notice
of Non-Responsibility will be enforceable though is that the owner knows that these improvements will
be made to the property and intends that they be made, usually long before the work begins. Indeed,
the owner has usually negotiated these very terms into the lease contract. The owner then mistakenly
believes that once work on the property commences it has 10 days to post and record a Notice of NonResponsibility and thereby protect itself from a mechanics lien.
The usual error is two-fold. First, the statute states that the Notice is available when the owner “did not
contract for the work of improvement”. The fact though is that the owner did contract for the work of
improvement. It did so through the lease contract. This is true even though the owner’s contract was
not with the contractor or supplier directly. Secondly, the 10 day period to post and record the Notice
begins when the owner first “has knowledge” of the work of improvement. This knowledge was of
course gained when the lease was negotiated and signed, providing knowledge typically many days
before the work has begun. Thus, the 10 day period can also seldom be met. The Notice of NonResponsibility will therefore fail both rules because the owner has in fact contracted for the
improvement and because he does not act within 10 days of gaining this knowledge.
The next event in the typical scenario occurs when the tenant does not pay its contractor. The
contractor then has nothing to pay its subcontractors. Material suppliers also go unpaid. Mechanics
liens are then recorded by the unpaid claimants, followed by foreclosure actions within ninety days
thereafter. Owners will typically point to the Notice of Non-Responsibility they posted and recorded,
claiming its protection. Claimants then in turn point to the lease or other evidence that the owner knew
of the pending improvements and contracted in some way that the improvements be performed, often
also more than 10 days before they posted the Notice. Judges generally agree with the unpaid
mechanics lien claimants and the Notice of Non-Responsibility is deemed ineffective.
The fact that the Court does not enforce the Notice of Non-Responsibility under these circumstances is
not an unfair result. Since the owner authorized the work to be performed and it received a substantial
benefit in the form of those improvements, it is not unfair that the owner should pay for those benefits.
It would be inequitable for the owner to obtain the benefit of the improvements which it authorized but
for which it did not pay, while allowing those who provided the benefit to go unpaid. Moreover, without
such a system in place the door would be open to owners setting up sham “tenants” who would enter
into contracts to have work performed, only to disappear when the work is completed, leaving the
contractor without a source of payment. The system in place as described above prevents such
duplicity. Owners would do well to arm themselves with proper knowledge of when the Notice of NonResponsibility will and will not protect them and then responsibly use the Notice of Non-Responsibility.
For the legal eagles among you, the following cases illustrate the view of the courts, consistent with the
above: Baker v. Hubbard (1980) 101 Cal.App.3d 226; Ott Hardware v. Yost (1945) 69 Cal. App.2d 593
(lease terms); Los Banos Gravel Co. v. Freeman (1976) 58 Cal.App.3d 785 (common interest); Howard S.
Wright Construction Co. v. Superior Court (2003); 106 Cal.App.4th 314 (participating owner).
Article Written by William L. Porter of Porter Law Group, Inc. in Sacramento, CA in 2015. Website:
www.porterlaw.com . Mr. Porter can be reached at (916) 381-7868 or at [email protected]