Left: Dr. Ann Monroe-Khoury, Center: Shane Monroe ( CNS General News Manager), Right: Me (Heather Monroe)
Thursday, June 4, 2009
Photo Post Siblings
Left: Dr. Ann Monroe-Khoury, Center: Shane Monroe ( CNS General News Manager), Right: Me (Heather Monroe)
Thursday, May 7, 2009
Every Player In The Construction Community Needs To Understand Intellectual Property Rights
When most people hear "intellectual property" and "copyright protection" their eyes begin to glaze over. After all, these topics are often confined to think tanks and court rooms, right? Wrong; every player in the construction community (not just architects) need to be aware of what constitutes a protected creative work, what mechanisms exist to assist in this protection and how the digital age affects the landscape.
According to Circular 41 from the US Copyright Office, an original design of a building created in any tangible medium of expression, including a constructed building or architectural plans, models, or drawings, is subject to copyright protection as an “architectural work” under section 102 of the Copyright Act (title 17 of the United States Code), as amended on December 1, 1990. Protection extends to the overall form as well as the arrangement and composition of spaces and elements in the design but does not include individual standard features or design elements that are functionally required (example: doors, windows). The term “building” means structures that are habitable by humans and intended to be both permanent and stationary, such as houses and office buildings and other permanent and stationary structures designed for human occupancy, including, but not limited to, churches, museums, gazebos, and garden pavilions. The law does not apply to bridges, cloverleafs, dams, walkways, tents, recreational vehicles, mobile homes, and boats.
Prior to the Architectural Works Copyright Protection Act of 1990, only original drawings and plans for buildings were protected. The act extended protection to architectural works built from the plans. This means copyright owners can go after infringers not just for violating the copyright of the plans, but also for the profits on buildings created from them. According to a case study in Upscale Remodeling (Winter 2008), William Hablinski, founding partner of Hablinski Manion Architecture in Los Angeles, designed a $20 million, “jewel box” home in Bel-Air, California, for real-estate mogul Fred Sands. In 2003, Hablinksi's employees noticed an almost identical house under construction in Beverly Hills. Hablinski investigated and discovered that his former draftsman was involved. Hablinski, who said he spent 3,800 hours designing the Sands' home, filed a suit in 2005 against the builders (who were also the owners) for copyright and trademark infringement, among other complaints. His legal team also turned up more evidence of pilfered plans. In 2006, a jury in Los Angeles awarded Hablinski $5.9 million — $380,000 in design fees, $500,000 for damage to his reputation, and about $5 million in estimated profits on the house.
So how does the age of digital media change things? It does and it doesn't. The essence of copyright is simple: You own the rights to copy your own creations and you are entitled to benefit if someone else reproduces your work. While the Internet has made the distribution of plans simple and straightforward, plans, blueprints or blackline drawings cannot be copied or reproduced without prior written consent of the copyright owner. According to ehouseplans.com, "It is a common misunderstanding that making changes to or redrawing a plan found in a plan book is permissible. It is not. The right to modify plans is one of the exclusive rights of copyright. It is also illegal to copy or redraw a constructed home that is protected by copyright, even if you have never seen the building plans for the home. If you find a home plan that you like, you must purchase a set of plans from an authorized source." So in essence the Internet has made it easier to steal, but it has not changed the fundamentals of copyright protection.
So how do you protect your work?
According to Upscale Remodeling, there are eight ways to protect yourself:
* Adopt an intellectual property policy. Define what information you'll share and what you won't. Make sure your staff understands.
* Register your plans with the U.S. Copyright Office. It helps to have a lawyer do this, especially the first time you file. Fees typically range from $200 to $500.
* Broadcast your ownership. “Most homeowners think they own the plans,” says Scott Richert, an attorney in Nevada City, Calif., who specializes in construction law. “They only own the right to use the plans under certain conditions.” So, make that clear. Define what rights your clients will have with the drawings.
* Spell out ownership in contracts and include a copyright statement on all documents. Dick Ferrell Contracting in Rock Hill, S.C., uses a simple one-page design agreement that specifically states that the design is property of the company and cannot be used without written permission. All plans shared with clients are stamped “Not for construction purposes.”
* Limit the release of plans. Some remodelers don't give out plans or they omit dimensions and scale on plans shown to clients. Others don't give plans to clients until they've signed a contract or paid a fee.
* Make it in clients' best interests not to copy. Remind them that if someone else builds from your plans, this clouds liability and makes it difficult to resolve problems with the design.
* If the stakes are high enough, be prepared to sue. You stand to recover not just the time spent on design, but the appreciated value, rents, and profits of buildings from a copied design.
* Beware of bidding off someone else's plans. If you build from an infringed set of plans, you're liable whether or not you knew the plans were stolen. For that reason, architect Cinda K. Lester, with 12/12 Architects & Planners in Downers Grove, Ill., asks not to see sketches or drawings if she meets with a client who has fired another architect or builder.
Useful Links:
* http://www.copyright.gov/circs/circ41.pdf
* http://www.ehouseplans.com/copyright_law.html
* http://www.copyright.gov/
* http://en.wikipedia.org/wiki/Copyright
According to Circular 41 from the US Copyright Office, an original design of a building created in any tangible medium of expression, including a constructed building or architectural plans, models, or drawings, is subject to copyright protection as an “architectural work” under section 102 of the Copyright Act (title 17 of the United States Code), as amended on December 1, 1990. Protection extends to the overall form as well as the arrangement and composition of spaces and elements in the design but does not include individual standard features or design elements that are functionally required (example: doors, windows). The term “building” means structures that are habitable by humans and intended to be both permanent and stationary, such as houses and office buildings and other permanent and stationary structures designed for human occupancy, including, but not limited to, churches, museums, gazebos, and garden pavilions. The law does not apply to bridges, cloverleafs, dams, walkways, tents, recreational vehicles, mobile homes, and boats.
Prior to the Architectural Works Copyright Protection Act of 1990, only original drawings and plans for buildings were protected. The act extended protection to architectural works built from the plans. This means copyright owners can go after infringers not just for violating the copyright of the plans, but also for the profits on buildings created from them. According to a case study in Upscale Remodeling (Winter 2008), William Hablinski, founding partner of Hablinski Manion Architecture in Los Angeles, designed a $20 million, “jewel box” home in Bel-Air, California, for real-estate mogul Fred Sands. In 2003, Hablinksi's employees noticed an almost identical house under construction in Beverly Hills. Hablinski investigated and discovered that his former draftsman was involved. Hablinski, who said he spent 3,800 hours designing the Sands' home, filed a suit in 2005 against the builders (who were also the owners) for copyright and trademark infringement, among other complaints. His legal team also turned up more evidence of pilfered plans. In 2006, a jury in Los Angeles awarded Hablinski $5.9 million — $380,000 in design fees, $500,000 for damage to his reputation, and about $5 million in estimated profits on the house.
So how does the age of digital media change things? It does and it doesn't. The essence of copyright is simple: You own the rights to copy your own creations and you are entitled to benefit if someone else reproduces your work. While the Internet has made the distribution of plans simple and straightforward, plans, blueprints or blackline drawings cannot be copied or reproduced without prior written consent of the copyright owner. According to ehouseplans.com, "It is a common misunderstanding that making changes to or redrawing a plan found in a plan book is permissible. It is not. The right to modify plans is one of the exclusive rights of copyright. It is also illegal to copy or redraw a constructed home that is protected by copyright, even if you have never seen the building plans for the home. If you find a home plan that you like, you must purchase a set of plans from an authorized source." So in essence the Internet has made it easier to steal, but it has not changed the fundamentals of copyright protection.
So how do you protect your work?
According to Upscale Remodeling, there are eight ways to protect yourself:
* Adopt an intellectual property policy. Define what information you'll share and what you won't. Make sure your staff understands.
* Register your plans with the U.S. Copyright Office. It helps to have a lawyer do this, especially the first time you file. Fees typically range from $200 to $500.
* Broadcast your ownership. “Most homeowners think they own the plans,” says Scott Richert, an attorney in Nevada City, Calif., who specializes in construction law. “They only own the right to use the plans under certain conditions.” So, make that clear. Define what rights your clients will have with the drawings.
* Spell out ownership in contracts and include a copyright statement on all documents. Dick Ferrell Contracting in Rock Hill, S.C., uses a simple one-page design agreement that specifically states that the design is property of the company and cannot be used without written permission. All plans shared with clients are stamped “Not for construction purposes.”
* Limit the release of plans. Some remodelers don't give out plans or they omit dimensions and scale on plans shown to clients. Others don't give plans to clients until they've signed a contract or paid a fee.
* Make it in clients' best interests not to copy. Remind them that if someone else builds from your plans, this clouds liability and makes it difficult to resolve problems with the design.
* If the stakes are high enough, be prepared to sue. You stand to recover not just the time spent on design, but the appreciated value, rents, and profits of buildings from a copied design.
* Beware of bidding off someone else's plans. If you build from an infringed set of plans, you're liable whether or not you knew the plans were stolen. For that reason, architect Cinda K. Lester, with 12/12 Architects & Planners in Downers Grove, Ill., asks not to see sketches or drawings if she meets with a client who has fired another architect or builder.
Useful Links:
* http://www.copyright.gov/circs/circ41.pdf
* http://www.ehouseplans.com/copyright_law.html
* http://www.copyright.gov/
* http://en.wikipedia.org/wiki/Copyright
Wednesday, April 22, 2009
From Michigan to Tennessee with Love
*This blog isn't about a typical industry related topic.
I returned Monday from a weekend excursion into the greening mountains of Tennessee with the Volunteer Corp of Remote Area Medical (RAM). RAM is a non-profit, volunteer, relief corps dedicated to providing free health care, dental care and eye care to people in remote areas of the United States and the world. As an all-volunteer charitable organization, volunteer doctors, dentists, nurses, pilots, veterinarians and support workers participate in expeditions (at their own expense). Medical supplies, medicines, facilities and vehicles are donated.
Tennessee stole my heart with it's soft mountain peaks contrasted against sharp, dark and weeping rock walls along the roadside. The Tennessee spring was busy blurring the harsh lines of bare winter branches with blooms and buds. And the lush and green rolling pastures peppered with velvet black cattle quieted something inside me . I was very far away from my busy life of endless time-consuming tasks.
I volunteered for RAM's Rural America Program, which targets under-served areas of the US and on this expedition in particular RAM helped provide primarily vision and dental care. I didn't know exactly what to expect; after all I have no medical training and have never volunteered for RAM. Although I had been settled and relaxed by my immensely peaceful Ten-plus hour drive, I became anxious as I approached.
No medical service was being offered when I pulled up on late Friday afternoon, but patients were already lined up outside in anticipation of the next day. The clinic didn't open until 6:00am the next morning, and there was no telling how long they had been there before I arrived. I couldn't help but wonder how cold it would get that evening as they would all be spending the night outside.
Volunteering to me is very humbling; it allows for both personal reflection and the chance to serve others. Inevitably, when at home I get caught up in myself and daily life and I begin to take my blessings for granted and lose site of the truth: that across this country and the world, we are all the same, with the same needs for attention, love and care. Pulling up and seeing people who are so desperate for basic care that I take for granted everyday was a refreshing & needed glimpse into my own soul, and allowed me to focus on what is really important in this world
I assisted in setting up the temporary dental clinic in the rural county high school gymnasium in Spencer, TN. We set up 20 dental stations. Other parts of the school were set up for vision and general medical.
On Saturday morning I started at 5:30am. Some volunteers had been there since 4:00am. Along with a group of eager volunteers, I sat facing the glass doors behind a long table and waited to register patients, which was more challenging than one might expect. Some patients could not read or write. But what I found most challenging was the realization that many of these people were embarrassed. Just getting in line is an admission of need and dependency that I have never had to feel. Additionally, after being filed in they are asked very personal questions about themselves in an open room, questions that I trust only to my doctor or mother. They felt naked and all I could do was ask "When was your last visit to a doctor? What was it for?" Of course this is of no fault to RAM or the beautifully kind women of www.uchra.com who organized this event. There is no other way to register 455 people in a few hours. I merely felt how wrong the predicament these people are in is. And I felt ashamed at my obliviousness to my own privileges.
When registration was complete I was put back in the dental clinic moving patients from the bleachers to the open dental chairs. The largest number of people waiting for dental care where waiting on extractions. It was a large nervous crowd. The temporary dental clinic couldn't provide these people with anything but a local anesthetic (a few shots of Novocaine). And while that is enough to extract teeth painlessly, I wouldn't want to go through that procedure without being lulled to sleep by nitrous oxide. I made sure to walk lightly and never stop smiling. I made a few covert "cafeteria runs" for small children who were restless and hungry after waiting for hours. I managed to crack a few smiles, get a few laughs, and I received more thank you's than I deserve for my lifetime.
I had the easiest job in the dental clinic. The dentists and official dental assistants worked for 10-12 hours, seeing patient after patient after patient in a hot gymnasium for no pay. They would respectfully shake hands and introduce themselves to every patient. I witnessed them listening to the patient's problems and then gently sit them down and begin their work. Their backs must have ached. Their hand must have cramped. They were selfless and they humbly provided for the patient's needs. The air of shame I had felt when registering the patients was lifted by obvious and growing mutual respect. These volunteers wanted to be there for no reason other than to help a fellow human being.
I eventually ended up as a dental assistant for small amount of time. Patients often arrive with serious dental problems, often affecting their overall health. In a single visit, many of these can be improved. I got to assist in emergency extractions & restorations. I of course in no way functioned completely as a dental assistant. There is much more to that position than can be learned in an afternoon. I did however learn more respect for that profession and I enjoyed the work very much. Being intimately involved in the actual care being received was an experience I have a hard time putting into words.
Overall, it was an extremely fulfilling experience. RAM through the organizational efforts of Uchra was able to service over 600 people with dental, vision, and basic medical needs who would have otherwise gone without care. I cherish my very small role in this very awesome event.
This past weekend in Tennessee was my first time witnessing rural poverty. And while urban and rural poverty are equally undeserving, unsettling, sad and unfortunate, they are different. I have spent the last 9 years volunteering for Big Brother/ Big Sister and through that experience I have witnessed shocking urban poverty. But being in an urban setting there are many resources readily available to help alleviate one's pain and discomfort. Mobile dental clinics visit our urban schools and social service programs as well as charitable organization have programs actively seeking to assist. Rural poverty is off the map. It's behind the rolling green hills and over the weeping rock walls. It's out of view and not easy to get to. RAM is an organization that recognized that need and is dedicated to helping.
Now you might be asking yourself "why haven't I heard of RAM?". After all, with the highest unemployment in the country and 2.5 million uninsured at some point during 2007-2008 (76% working families!), Michigan would appear to be ripe grounds for volunteer healthcare services. Unfortunately the The Michigan Board of Medicine does not grant temporary licenses for out-of-state dentists, optometrist or doctors. Now I realize that this is likely a protective measure; the Department of Community Health wants to protect the residents of our state from rogue doctors. It is my opinion however, that the people that would be served by a volunteer medical organization like RAM are either already getting free service, or they are suffering in silence because they cannot afford medical care. With demand and need increasing in this state at unprecedented levels, I encourage you to contact your legislators.
http://www.house.mi.gov/find_a_rep.asp
I got a clear view of myself in the mirror this weekend and I was reminded once again I'm merely a person sharing this life's experience with every other person on this planet. And I owe my brothers and sisters of planet earth my respect, my outreached hand, and a smile.
I returned Monday from a weekend excursion into the greening mountains of Tennessee with the Volunteer Corp of Remote Area Medical (RAM). RAM is a non-profit, volunteer, relief corps dedicated to providing free health care, dental care and eye care to people in remote areas of the United States and the world. As an all-volunteer charitable organization, volunteer doctors, dentists, nurses, pilots, veterinarians and support workers participate in expeditions (at their own expense). Medical supplies, medicines, facilities and vehicles are donated.
Tennessee stole my heart with it's soft mountain peaks contrasted against sharp, dark and weeping rock walls along the roadside. The Tennessee spring was busy blurring the harsh lines of bare winter branches with blooms and buds. And the lush and green rolling pastures peppered with velvet black cattle quieted something inside me . I was very far away from my busy life of endless time-consuming tasks.
I volunteered for RAM's Rural America Program, which targets under-served areas of the US and on this expedition in particular RAM helped provide primarily vision and dental care. I didn't know exactly what to expect; after all I have no medical training and have never volunteered for RAM. Although I had been settled and relaxed by my immensely peaceful Ten-plus hour drive, I became anxious as I approached.
No medical service was being offered when I pulled up on late Friday afternoon, but patients were already lined up outside in anticipation of the next day. The clinic didn't open until 6:00am the next morning, and there was no telling how long they had been there before I arrived. I couldn't help but wonder how cold it would get that evening as they would all be spending the night outside.
Volunteering to me is very humbling; it allows for both personal reflection and the chance to serve others. Inevitably, when at home I get caught up in myself and daily life and I begin to take my blessings for granted and lose site of the truth: that across this country and the world, we are all the same, with the same needs for attention, love and care. Pulling up and seeing people who are so desperate for basic care that I take for granted everyday was a refreshing & needed glimpse into my own soul, and allowed me to focus on what is really important in this world
I assisted in setting up the temporary dental clinic in the rural county high school gymnasium in Spencer, TN. We set up 20 dental stations. Other parts of the school were set up for vision and general medical.
On Saturday morning I started at 5:30am. Some volunteers had been there since 4:00am. Along with a group of eager volunteers, I sat facing the glass doors behind a long table and waited to register patients, which was more challenging than one might expect. Some patients could not read or write. But what I found most challenging was the realization that many of these people were embarrassed. Just getting in line is an admission of need and dependency that I have never had to feel. Additionally, after being filed in they are asked very personal questions about themselves in an open room, questions that I trust only to my doctor or mother. They felt naked and all I could do was ask "When was your last visit to a doctor? What was it for?" Of course this is of no fault to RAM or the beautifully kind women of www.uchra.com who organized this event. There is no other way to register 455 people in a few hours. I merely felt how wrong the predicament these people are in is. And I felt ashamed at my obliviousness to my own privileges.
When registration was complete I was put back in the dental clinic moving patients from the bleachers to the open dental chairs. The largest number of people waiting for dental care where waiting on extractions. It was a large nervous crowd. The temporary dental clinic couldn't provide these people with anything but a local anesthetic (a few shots of Novocaine). And while that is enough to extract teeth painlessly, I wouldn't want to go through that procedure without being lulled to sleep by nitrous oxide. I made sure to walk lightly and never stop smiling. I made a few covert "cafeteria runs" for small children who were restless and hungry after waiting for hours. I managed to crack a few smiles, get a few laughs, and I received more thank you's than I deserve for my lifetime.
I had the easiest job in the dental clinic. The dentists and official dental assistants worked for 10-12 hours, seeing patient after patient after patient in a hot gymnasium for no pay. They would respectfully shake hands and introduce themselves to every patient. I witnessed them listening to the patient's problems and then gently sit them down and begin their work. Their backs must have ached. Their hand must have cramped. They were selfless and they humbly provided for the patient's needs. The air of shame I had felt when registering the patients was lifted by obvious and growing mutual respect. These volunteers wanted to be there for no reason other than to help a fellow human being.
I eventually ended up as a dental assistant for small amount of time. Patients often arrive with serious dental problems, often affecting their overall health. In a single visit, many of these can be improved. I got to assist in emergency extractions & restorations. I of course in no way functioned completely as a dental assistant. There is much more to that position than can be learned in an afternoon. I did however learn more respect for that profession and I enjoyed the work very much. Being intimately involved in the actual care being received was an experience I have a hard time putting into words.
Overall, it was an extremely fulfilling experience. RAM through the organizational efforts of Uchra was able to service over 600 people with dental, vision, and basic medical needs who would have otherwise gone without care. I cherish my very small role in this very awesome event.
This past weekend in Tennessee was my first time witnessing rural poverty. And while urban and rural poverty are equally undeserving, unsettling, sad and unfortunate, they are different. I have spent the last 9 years volunteering for Big Brother/ Big Sister and through that experience I have witnessed shocking urban poverty. But being in an urban setting there are many resources readily available to help alleviate one's pain and discomfort. Mobile dental clinics visit our urban schools and social service programs as well as charitable organization have programs actively seeking to assist. Rural poverty is off the map. It's behind the rolling green hills and over the weeping rock walls. It's out of view and not easy to get to. RAM is an organization that recognized that need and is dedicated to helping.
Now you might be asking yourself "why haven't I heard of RAM?". After all, with the highest unemployment in the country and 2.5 million uninsured at some point during 2007-2008 (76% working families!), Michigan would appear to be ripe grounds for volunteer healthcare services. Unfortunately the The Michigan Board of Medicine does not grant temporary licenses for out-of-state dentists, optometrist or doctors. Now I realize that this is likely a protective measure; the Department of Community Health wants to protect the residents of our state from rogue doctors. It is my opinion however, that the people that would be served by a volunteer medical organization like RAM are either already getting free service, or they are suffering in silence because they cannot afford medical care. With demand and need increasing in this state at unprecedented levels, I encourage you to contact your legislators.
http://www.house.mi.gov/find_a_rep.asp
I got a clear view of myself in the mirror this weekend and I was reminded once again I'm merely a person sharing this life's experience with every other person on this planet. And I owe my brothers and sisters of planet earth my respect, my outreached hand, and a smile.
Monday, April 20, 2009
Construction (not manufacturing) has been the hardest hit industry by far
Despite being as tired as everyone of the economic doom & gloom being reported on the nightly news, I am continually fascinated by the way that unemployment is portrayed. It seems like there are a lot of case studies of how job losses are affecting Americans that focus on a laid-off financial services executive who's lost his job managing portfolios and his $450,000 lakeside mansion. Rarely, if ever, do we hear or read about who the unemployed really are by industry or demographic. So the purpose of this blog is actually rather self-pitying, as you'll see that construction (not manufacturing) has actually been the hardest hit industry by far!
According to the Bureau of Labor Statistics, unemployment in the construction industry hit 21.1% in March 2009 , which is 12.6% higher than the 8.5% general unemployment rate that you'll hear on the news and a full 8.9% higher than manufacturing (12.2%). While I could end the blog here, I don't think that these numbers have driven the point home; the question that begs to be asked is, if construction and manufacturing are dragging unemployment down so severely, what is boosting it up? After all, the overall rate is 8.5%. Well, you might, as I was, be authentically surprised to know that the March 2009 unemployment rate in the financial services sector was a mere 6.8%! (and only 5.8% in the segment that consists of banking, credit, securities, investing, insurance & funds!).
Now, I am not an economist or central banker, so it is difficult for me to make fact-based value judgments on how bad the banking/credit industry is, or how necessary it is that billions of dollars of our money are siphoned into their coffers. But in light of recent 1st quarter reports detailing massive and unexpected profits from banks , something smells funny. Massive political attention, low relative unemployment, profitability and huge taxpayer-funded subsidies/bailouts for the financial services industry sounds like financial bigwigs may be whispering a little loudly into the ears of Washington politicians.
Meanwhile, the people that actually do the work, the contractors on the ground, the machine workers, the general laborers, the middle class, the ones who spend their money on beer, sports, dining, cars, home improvement, leisure activities, are left at the behest of the free market. My friends, associates, and peers are included, relying on family and friends to help them through this challenging time. I am not suggesting that government provide for the comfort of all; the Soviet Union tried that experiment (e.g. Socialism) and it failed miserably. What I am suggesting is that, in this land where at least in the eyes of the government all men and women are created equal, we should all suffer equally, regardless of profession or skill set. It is an ethical transgression that construction and manufacturing workers are bailing out bankers and mortgage lenders (and yes, you pay tax even on unemployment compensation!).
According to the Bureau of Labor Statistics, unemployment in the construction industry hit 21.1% in March 2009 , which is 12.6% higher than the 8.5% general unemployment rate that you'll hear on the news and a full 8.9% higher than manufacturing (12.2%). While I could end the blog here, I don't think that these numbers have driven the point home; the question that begs to be asked is, if construction and manufacturing are dragging unemployment down so severely, what is boosting it up? After all, the overall rate is 8.5%. Well, you might, as I was, be authentically surprised to know that the March 2009 unemployment rate in the financial services sector was a mere 6.8%! (and only 5.8% in the segment that consists of banking, credit, securities, investing, insurance & funds!).
Now, I am not an economist or central banker, so it is difficult for me to make fact-based value judgments on how bad the banking/credit industry is, or how necessary it is that billions of dollars of our money are siphoned into their coffers. But in light of recent 1st quarter reports detailing massive and unexpected profits from banks , something smells funny. Massive political attention, low relative unemployment, profitability and huge taxpayer-funded subsidies/bailouts for the financial services industry sounds like financial bigwigs may be whispering a little loudly into the ears of Washington politicians.
Meanwhile, the people that actually do the work, the contractors on the ground, the machine workers, the general laborers, the middle class, the ones who spend their money on beer, sports, dining, cars, home improvement, leisure activities, are left at the behest of the free market. My friends, associates, and peers are included, relying on family and friends to help them through this challenging time. I am not suggesting that government provide for the comfort of all; the Soviet Union tried that experiment (e.g. Socialism) and it failed miserably. What I am suggesting is that, in this land where at least in the eyes of the government all men and women are created equal, we should all suffer equally, regardless of profession or skill set. It is an ethical transgression that construction and manufacturing workers are bailing out bankers and mortgage lenders (and yes, you pay tax even on unemployment compensation!).
Thursday, March 19, 2009
Marketing In A Recession
So we're in a recession. What do we in the Midwest construction industry do to save money? Where does our company cut costs? Almost inevitably one category targeted for expense reduction is marketing/advertising. After all, who's buying right? The purpose of this blog is to explore this idea of marketing in a recession because the big picture is not necessarily black and white. Owners and builders are building and renovating, just not on the same scale as a few years ago. This means that those companies that are marketing themselves effectively will presumably get more bidding opportunities.
According to a 2005 article published by Gary Lilien and Arvind Rangaswamy of Penn State's Smeal College of Business, "For well-positioned companies, an economic recession should not prompt marketing cutbacks, but rather an aggressive increase in marketing spending to achieve superior business performance". It further notes that "athletes often choose times of stress to mount attacks: strong runners and bicycle racers may increase their pace on hills or under other challenging conditions." "In a similar vein, proactive marketing includes both the sensing of the existence of the opportunity (a tough hill and fatigued opponents) and an aggressive response (possessing the necessary strength or nerve) to the opportunity."
In general this theory applies to the strongest of companies and you can see why. Compared to even 2 years ago, there is noticeably less construction advertising in trade publications, attendance at trade shows is off and many companies have slashed advertising in general. Therefore those that are aggressively marketing are doing so in a space with fewer competitors.
But what about the rest of us? What about those hundreds and thousands of construction companies that are not as well positioned financially, but still need to market themselves in their communities?
The answer, in my opinion, is to have a website. Having a website to promote your business or ideas is imperative nowadays for two reasons: 1) According to Internet World Stats (www.internetworldstats.com), Internet penetration in the United States has grown 130% since 2000, from 44% of the population to 72.5%, and it continues to grow every year. According to TG Daily, 4 out of 5 households in the US have access to the Internet, and increasing numbers of people are searching on the web first for local service providers; and 2) whether you are trying to generate new business by networking, using a construction news lead service or using sales personnel to make calls, it is critical to have a website to leave with your prospects or referral sources. This is hands down the best, cheapest and fastest way to spread information about your company.
Typically you can have a simple, clean, professional looking website created for less than $2,000. Or for even less you can use the templates provided at such sites as www.networksolutions.com. Once you have your website, the most critical thing you must do is to make sure that people searching for your service in your geography can find you. This is accomplished by optimizing your site, or making sure that the right keywords are in the right places (content, meta tags, url, etc). You can learn more about search engine optimization here (www.seochat.com/c/a/Search-Engine-Optimization-Help/Optimizing-Your-Website/). The bottom line is that you can guide search engines like Google to find your company based on commonly searched words and phrases (for example, "HVAC contractor detroit mi").
Also, once your site is in place, make sure to add yourself to Google Local (www.google.com/local/add). This free service allows you to get on the first page of Google's index based on your trade and location. this is a must for any company with an existing website!!!! If you are serious about web advertising, I recommend exploring Google's click-ad AdWords program (adwords.google.com). This ensures that your company's website comes up on the first page of any relevant search (but the caveat is that you have to pay when someone clicks on your ad).
With more people turning to the Internet, my advice is to allocate more of your marketing dollars towards an internet presence and away from traditional, more costly print advertising. The last thing you want is not to be found when someone, whether it be an owner, builder, developer, architect or other in your area searches for your service. There are easy, inexpensive ways to ensure that you show up. Take advantage of them today!
According to a 2005 article published by Gary Lilien and Arvind Rangaswamy of Penn State's Smeal College of Business, "For well-positioned companies, an economic recession should not prompt marketing cutbacks, but rather an aggressive increase in marketing spending to achieve superior business performance". It further notes that "athletes often choose times of stress to mount attacks: strong runners and bicycle racers may increase their pace on hills or under other challenging conditions." "In a similar vein, proactive marketing includes both the sensing of the existence of the opportunity (a tough hill and fatigued opponents) and an aggressive response (possessing the necessary strength or nerve) to the opportunity."
In general this theory applies to the strongest of companies and you can see why. Compared to even 2 years ago, there is noticeably less construction advertising in trade publications, attendance at trade shows is off and many companies have slashed advertising in general. Therefore those that are aggressively marketing are doing so in a space with fewer competitors.
But what about the rest of us? What about those hundreds and thousands of construction companies that are not as well positioned financially, but still need to market themselves in their communities?
The answer, in my opinion, is to have a website. Having a website to promote your business or ideas is imperative nowadays for two reasons: 1) According to Internet World Stats (www.internetworldstats.com), Internet penetration in the United States has grown 130% since 2000, from 44% of the population to 72.5%, and it continues to grow every year. According to TG Daily, 4 out of 5 households in the US have access to the Internet, and increasing numbers of people are searching on the web first for local service providers; and 2) whether you are trying to generate new business by networking, using a construction news lead service or using sales personnel to make calls, it is critical to have a website to leave with your prospects or referral sources. This is hands down the best, cheapest and fastest way to spread information about your company.
Typically you can have a simple, clean, professional looking website created for less than $2,000. Or for even less you can use the templates provided at such sites as www.networksolutions.com. Once you have your website, the most critical thing you must do is to make sure that people searching for your service in your geography can find you. This is accomplished by optimizing your site, or making sure that the right keywords are in the right places (content, meta tags, url, etc). You can learn more about search engine optimization here (www.seochat.com/c/a/Search-Engine-Optimization-Help/Optimizing-Your-Website/). The bottom line is that you can guide search engines like Google to find your company based on commonly searched words and phrases (for example, "HVAC contractor detroit mi").
Also, once your site is in place, make sure to add yourself to Google Local (www.google.com/local/add). This free service allows you to get on the first page of Google's index based on your trade and location. this is a must for any company with an existing website!!!! If you are serious about web advertising, I recommend exploring Google's click-ad AdWords program (adwords.google.com). This ensures that your company's website comes up on the first page of any relevant search (but the caveat is that you have to pay when someone clicks on your ad).
With more people turning to the Internet, my advice is to allocate more of your marketing dollars towards an internet presence and away from traditional, more costly print advertising. The last thing you want is not to be found when someone, whether it be an owner, builder, developer, architect or other in your area searches for your service. There are easy, inexpensive ways to ensure that you show up. Take advantage of them today!
Tuesday, March 10, 2009
American Recovery and Reinvestment Act (ARRA), MDOT-related projects
As my last blog discussed the opportunity to pre-qualify to bid on Michigan projects related to the American Recovery and Reinvestment Act (ARRA), I thought it would be appropriate to follow this Act as more details related to what it means for Michigan construction become apparent. This blog will focus on MDOT-related projects.
Recently it was posted on MDOT that Michigan expects to receive nearly $1 billion in formula funding for transportation, including $135 million for urban and rural transit and $850 million for roads, bridges and highways. MDOT will receive 75 percent of expected federal funding, about $637 million, and the remaining 25 percent, about $213 million, will go to local agencies in keeping with requirements of Act 51, which provides transportation dollars to MDOT, county road commissions, and cities and villages for maintenance and construction of roads and support of public transit systems.
Speaking before several Metropolitan Planning Organizations (MPO) that prioritize regional transportation projects recently, the governor said Michigan is expected to receive $853 million in additional funds for road and bridge construction under the plan within a matter of weeks. As in the past, the federal funds will be prioritized in urban areas by the local MPOs in collaboration with MDOT. The amount of funding awarded to the regions will be based on population.
The rules applying to the ARRA are still being developed at the federal level. Discretionary programs have 90 days to develop their criteria. The list allows the state to capture some unspent money by other states or win some discretionary funding. The term "final list" will most likely not apply until the ARRA is completed.
So a lot of people are asking WHEN are we going to start seeing some of these projects come to life. According to a new website devoted to ARRA, www.recovery.gov, until the funding is distributed by the Federal government to states and local governments, and eventually to our communities, we won't be able to determine exactly where all of the funding will go. As soon as the first dollars start to go out, you'll be able to track where the money is going. Detailed state maps will be available to assist your tracking. According to Recovery.gov, Federal agencies began "reporting the use of funds" on March 3, 2009 (whatever that means).
Already MDOT has provided a number of lists of proposed projects (see below).
Please check out:
MDOT Stimulus Candidate Projects
MDOT Proposed Discretionary Stimulus Projects
You can view a general overview of ARRA's proposed effect on Michigan here
www.recovery.gov
Timeline
Recently it was posted on MDOT that Michigan expects to receive nearly $1 billion in formula funding for transportation, including $135 million for urban and rural transit and $850 million for roads, bridges and highways. MDOT will receive 75 percent of expected federal funding, about $637 million, and the remaining 25 percent, about $213 million, will go to local agencies in keeping with requirements of Act 51, which provides transportation dollars to MDOT, county road commissions, and cities and villages for maintenance and construction of roads and support of public transit systems.
Speaking before several Metropolitan Planning Organizations (MPO) that prioritize regional transportation projects recently, the governor said Michigan is expected to receive $853 million in additional funds for road and bridge construction under the plan within a matter of weeks. As in the past, the federal funds will be prioritized in urban areas by the local MPOs in collaboration with MDOT. The amount of funding awarded to the regions will be based on population.
The rules applying to the ARRA are still being developed at the federal level. Discretionary programs have 90 days to develop their criteria. The list allows the state to capture some unspent money by other states or win some discretionary funding. The term "final list" will most likely not apply until the ARRA is completed.
So a lot of people are asking WHEN are we going to start seeing some of these projects come to life. According to a new website devoted to ARRA, www.recovery.gov, until the funding is distributed by the Federal government to states and local governments, and eventually to our communities, we won't be able to determine exactly where all of the funding will go. As soon as the first dollars start to go out, you'll be able to track where the money is going. Detailed state maps will be available to assist your tracking. According to Recovery.gov, Federal agencies began "reporting the use of funds" on March 3, 2009 (whatever that means).
Already MDOT has provided a number of lists of proposed projects (see below).
Please check out:
MDOT Stimulus Candidate Projects
MDOT Proposed Discretionary Stimulus Projects
You can view a general overview of ARRA's proposed effect on Michigan here
www.recovery.gov
Timeline
Friday, February 27, 2009
Pre-qualify to Bid on the American Recovery and Reinvestment Act
In a matter of weeks, Michigan is set to receive $853 million to spend on road and bridge construction under the Federal economic recovery plan, the American Recovery and Reinvestment Act of 2009.
Funding for at-risk and special education for K-12 schools, Medicaid, and unemployment insurance is forthcoming, while stimulus money will be invested in a new energy infrastructure and spent weatherizing homes and businesses.
While details for implementation of the Act are being established, on available resource for your business on stimulus projects is the MI Jumpstart Program.
MI JumpStart is a pre-qualification program that provides fast turn-around bids for the successful and efficient implementation of the American Recovery and Reinvestment Act of 2009.
Visit their website for more information on becoming a vendor for planned and proposed projects.
All questions about MI JumpStart should be directed to Douglas Collier at CollierD1@michigan.gov
Funding for at-risk and special education for K-12 schools, Medicaid, and unemployment insurance is forthcoming, while stimulus money will be invested in a new energy infrastructure and spent weatherizing homes and businesses.
While details for implementation of the Act are being established, on available resource for your business on stimulus projects is the MI Jumpstart Program.
MI JumpStart is a pre-qualification program that provides fast turn-around bids for the successful and efficient implementation of the American Recovery and Reinvestment Act of 2009.
Visit their website for more information on becoming a vendor for planned and proposed projects.
All questions about MI JumpStart should be directed to Douglas Collier at CollierD1@michigan.gov
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