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A component manufacturer submits its bid or proposal to a customer. Rather than signing the bid, the customer issues its purchase order. In response the manufacturer issues a sales acknowledgement. Each of the forms contains terms and conditions of sale on the back. Some or all of the forms either get signed or none of them are signed. If a dispute later arises, how does it get resolved? Kent Pagel discusses best practices and answers the questions CMs have regarding this all too common battle of the forms.
Indemnities and insurance provisions can provide your customer with recourse against your company that is otherwise not normally recoverable. In this webinar, Kent Pagel discusses what your customers intend with the indemnity and insurance provisions they include in their form customer contracts. He also covers the key themes to consider when negotiating an indemnity provision.
The legal office of Pagel, Davis & Hill defines reasonable suspicion testing, and what procedural steps should be taken when detecting signs of impairment.
Kent Pagel, SBCA’s national legal counsel, discusses the benefits of component manufacturers (CMs) being suppliers as opposed to subcontractors, while outlining how much of a CM’s activities are largely subcontracting from a risk perspective.
SBCA’s legal counsel, Kent Pagel, will start his series of 2020 webinars discussing legal topics first and foremost on the minds of component manufacturers.
The true test of someone’s character, or something’s value, is not when times are going well but when there is a crisis.
SBCA Legal Counsel Kent Pagel has drafted template contractual language that serves as a model for CMs to include in their proposals/bids and customer contracts, as a means to set out under what circumstances CMs as suppliers of building materials, can be excused for performance when unforeseen circumstances, beyond their control, prevent, delay or hinder that performance.
As individuals, businesses, and governments continue to take actions to mitigate or contain the worldwide impact of COVID-19, component manufacturers (CMs) ought to consider including language in their proposals/bids and customer contract forms giving them a potential out to avoid breach of contract liability if and when they are unable to make deliveries through no fault of their own, such as in the case of COVID-19 rendering their plant inoperable.
SBCA is hosting a weekly podcast conversation with members of its Executive Committee, discussing how their companies are impacted by the COVID-19 epidemic and what they are doing to overcome various challenges presented by the virus.
Each podcast will focus more on what actual component manufacturers are doing in their businesses and less on the various legal questions (for employment law focused content, please review Kent Pagel’s recent webinar series).
SBCA’s Legal Counsel Kent Pagel has created three documents to help employers comply with the new FFCRA paid leave requirements, all of which are free to SBCA members!
Effective April 1, 2020, the Families First Coronavirus Response Act (FFCRA) requires private employers with less than 500 employees to provide Emergency Paid Sick Leave and Paid Expanded FMLA to employees under certain conditions.
Relationships with other component manufacturers (CMs), and suppliers help our company to be proactive instead of reactive.
In his fourth presentation focused on employer guidance regarding the COVID-19 Coronavirus, Kent Pagel, SBCA legal counsel and president of Pagel, Davis and Hill, gives a brief follow up on some of the topics he has covered in his past webinars.
In this webinar, SBCA Legal Counsel Kent Pagel will provide even more guidance to employers on how to navigate workforce/HR and business operation issues raised by the COVID-19 Coronavirus outbreak.
In this webinar, SBCA Legal Counsel Kent Pagel will provide further guidance to employers on how to navigate workforce/HR and business operation issues raised by the COVID-19 Coronavirus outbreak.
To assist the component manufacturing industry, SBCA Legal Counsel Kent Pagel has created a Contagious Disease Control Policy and Procedures template in Microsoft Word that can be used as a foundation for companies wishing to have a documented policy.
To assist the component manufacturing industry, SBCA Legal Counsel Kent Pagel has created a Contagious Disease Control Policy and Procedures template in Microsoft Word that can be used as a foundation for companies wishing to have a documented policy.
SBCA Legal Counsel Kent Pagel discusses the potential impacts of Coronavirus on the structural building components industry.
SBCA’s legal counsel, Kent Pagel, will start his series of 2020 webinars discussing legal topics first and foremost on the minds of component manufacturers.
This web page is designed to provide updates on the industry and news that can be used for chapter meetings.
Here’s a powerful example of how to develop a strong safety culture
How two CMs approach data, and the important role it plays
Here’s a game plan for surviving construction defect litigation.
Almost every contract a CM is asked to sign, whether prepared by a vendor, lessor, or customer, will contain one or more indemnity provisions. Kent Pagel, SBCA’s outside national counsel discusses the basics of indemnity clauses and what they mean and require of component manufacturers (CMs). He also covers the implications to a CM agreeing to indemnity language as well as various industry standard replies when one-sided indemnity requests are made. Understanding indemnity basics and red flags is crucial to the risk management success and liability avoidance program of every CM.
Working with city officials to understand the drawbacks to sealed TPDs
Component manufacturers commonly ask about truss warranties. What type of warranty should I give my customers? If I give no written warranty have I protected my company? Are all my products covered by a one-year warranty or the same 30-year warranty that builders give their customers? Should I sign the contractor close-out warranty presented to get my final payment? Can I be sued after the expiration of the warranty? Should I warrant my products to only my customer? SBCA Legal Counsel Kent Pagel will address all of these questions and many more in this valuable risk management webinar.
SBCA has alliances with a select group of insurance brokers who focus on providing the following coverage to component manufacturers (CMs): commercial property, commercial general liability, automobile liability, excess/umbrella coverage, and workers’ compensation. Many of these brokers offer other insurance products and coverages to CMs as well.
SBCA provides an Approved Broker Program to a select group of insurance brokers who have expertise in providing insurance to companies that manufacture structural building components (trusses, wall panels and related components). If you are a broker interested in being part of this program, please review the program requirements.
When a component manufacturer (CM) moves from a traditional sales model (contracting to sell only materials to the contractor or framer) to a turnkey sales model (contracting to sell materials and installation to the contractor) the CM’s risks increase demonstrably. Kent Pagel, SBCA’s counsel, will explain the risks associated with the turnkey sales model as well as the best practices associated with managing such risks.
Are you reviewing and taking exceptions to a project’s specifications and plan notes relating to framing and truss construction? Out of sight out of mind is not the proper response! Why is this so important? What needs to be done when a set of specifications or plan notes impose responsibilities that go beyond TPI-1? Are you adequately insured for the design risk that project plan notes and specifications may impose? SBCA Legal Counsel Kent Pagel will address all of these questions and many more in this valuable risk management webinar.