11-800-245-6292

FOUNDATIONnewsA Newsletter for the Waterproofing

and Structural Repair IndustryAPRIL, 2005

Inside this issue:

Garrison Wynn to BeKeynote Speaker at

24th Annual ConventionSafety First 4

5 Secret ScientificFacts Help Close 8More Sales

Convention Schedule 10

Certification ExamsAnnounced 14

Cell Phones andTax Savings 17

Will I Get Sued?Are You Exposed? 18

Garrison Wynn is knownfor having maximumimpact on a variety ofaudiences. A nationallyknown sales, leadership,and motivational presenter,a top-rated corporatetrainer and a formerprofessional stand-upcomedian, Garrison knowswhat an audience wantsand how to deliver it tothem. As a keynotespeaker, advisor, andentertainer, Garrison hasworked with some of theworld’s most effectivecorporate leaders andsalespeople, frommultibillion-dollarmanufacturers to top NewYork Stock Exchange wirehouses. He has abackground inmanufacturing,entertainment,

telecommunications, andfinancial services. Garrison has beeninvolved with sales,distribution andmanufacturing of industrialequipment internationallyand has developedproducts still being soldaround the world. He is theonly male board member ofthe Women ContractorsAssociation and serves asvice president of AmericanConcrete Concepts, Inc. Using original researchwith the top producers from20 financial advisory firms,Garrison gives the bottomline on managingexpectations and emotions,creating personal branding,building partnerships, andgetting top producers to domore of what they do well.

Garrison started as asales and marketingperson in a branch office ofa Fortune 500 company atage 24 and was chosen tobe department head atcorporate headquartersthree years later. Heresearched and designedprocesses for 38 companylocations nationwide anddeveloped and marketedproducts still being sold in30 countries. Anexperienced actor in filmsand a former professionalstand-up comedian, he hashosted PBS televisionspecials and national radioprograms. As our keynote speaker,Mr. Wynn will give hispresentation on Friday,August 5th beginning at10:00 AM.

The Meeting Planningand EducationCommittees have beenhard at work puttingtogether our schedule forthe 24th AnnualConvention of theNAWSRC. The city of Memphis,TN, will host our meetingfrom August 3-5, 2005,for what we expect to beour biggest and best

Power TrainingTheme of Annual Convention

meeting ever. You will gain theadvantage over yourcompetition with ourStrength BuildingRoundtables. By populardemand, we are going todo our non-compete/geographic specificroundtables. Thesesessions will allow you toopenly share and getinvolved in the

discussions, withoutworrying about tradingyour company’s secretswith someone whooperates in your market. Staying with our theme,our roundtables will coverIncreasing Performanceof Sales, Strengtheningyour Marketing Muscle,Endurance Training forProduction, and theCoaching Calisthenics of

Continued on page 2

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National Association ofWaterproofing and Structural

Repair Contractors ™

CONVENTION FACTSHow do I register?

• Complete the registrationform. List each registrantand type of registration.Remember that you mayregister your spouse/guest forthe full convention programor just purchase a lunchticket.

• Enclose a check or chargecard authorization for thetotal amount due.

• If you have a meeting creditremaining, you may apply itto the total cost.

What do I do next?• Contact the Marriott

Memphis Downtown, 250North Main Street, Memphis,TN 38103, ReservationsDepartment at 1(800)228-9290 or (901)527-7300.Identify yourself asNAWSRC. Room rate is$129 per room/nightexclusive of tax, single ordouble. Our special roomrate and block expiresWednesday, July 13, 2005.After that date, rooms aresubject to the hotel’savailability at prevailingrates.

What will you receive fromNAWSRC Headquarters?

• NAWSRC will mail you aconfirmation form listingyour registration information.

CANCELLATION POLICYAll registration fees are consideredfinal and non-refundable after June30, 2005.

QUESTIONS?Call (800)245-6292 and ask for Linda.

Administration. This is the perfect opportunity foryou to bring another person fromyour company who can choose, aslong as there is no conflict ofgeographic region, to stay with you,or join another group. These roundtable sessions willrun from 9 AM until Noon, onThursday, August 4th. After lunch, our member TomWitherspoon, P.E. will present a

seminar.Tom fitsright inwith thetheme ofourmeeting.He wasfive-timeTexas

State Weight Lifting Champion andcontinues to hold the record for theoldest person with that title. Hecompeted in the 1999 AmericanMasters WeightliftingChampionships in Shreveport, LA,and the 2000 PanAmerican MastersWeightlifting Championships inPonce, PR. At his last meet, at age45, Tom beat a 26 year old, whohas never touched weights sincethen. Beside being a weightlifter, Tomis the authority when it comes tofoundation repair andwaterproofing. He is the author ofour reference book, ResidentialFoundation Performance. Tom iscompleting his doctorate atSouthern Methodist University, inDallas.Jay Odice, NAWSRC Insurance Our final speaker on Thursdayafternoon will be Jay Odice, withInternational Captive AllianceGroup. Jay is the ProgramAdministrator of the NAWSRCInsurance Program. This programwill offer NAWSRC memberscoverage that includes workers’compensation, auto,comprehensive general liability,professional liability, equipment,and other lines for thewaterproofing and structural repair

industries. The program will be open toNAWSRC members who meetunderwriting guidelines. Thesemembers with benefit throughcomprehensive coverage withfewer exclusions and gaps incoverage than is typical, andthrough planned premium stability.Specialized risk managementservices and dedicated claimscontrol people will provide moreand better individual services thanare traditionally received frominsurance companies. A uniquefeature of the Program is a claimmanager dedicated to serving onlythe members. The Program alsoprovides its insured with a team ofprofessionally trained loss controland other specialists to help controllosses. Jay will report on the progress ofthe NAWSRC Insurance Program.Mr. Odice was at our convention inCincinnati last summer, where hefirst told us about how a captiveinsurance program could benefitour industry. His report should be of specialinterest to all waterproofing andstructural repair business ownersand administrators.The Memphis Marriott Downtown Our meetings will take place atthe Memphis Marriott Downtown.The hotel is 12 miles from theairport. The estimated taxi fare is$25.00 one-way. There is on-siteparking at the hotel for $9.00 perday. Each of the 600 guest roomshas a coffee maker, individualclimate control, and hair dryer. There is one restaurant and bar-type food is available at the TrolleyStop Bar. There is an indoor swimming poolwith whirlpool, and fitness centeravailable for guest use. The nearby attractions andLandmarks include, MemphisBrooks Museum of Art, Sun Studio,Graceland, Mud Island, TheOrpheum Theatre and TheChildren’s Museum. Tunica Casinosare approximately 40 miles away.

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FOUNDATIONnews© 2005 National Association of Waterproofing and StructuralRepair ContractorsFoundation News is published by the National Association ofWaterproofing and Structural Repair Contractors, 8015Corporate Drive, Suite A, Baltimore, MD 21236. First-classpostage paid at Baltimore, Maryland. Copyright 2004 NationalAssociation of Waterproofing and Structural Repair Contractors.All rights reserved. Reproduction in whole or in part withoutwritten permission is prohibited. National Association ofWaterproofing and Structural Repair Contractors and theNAWSRC logo are protected through trademark registration inthe United States.Postmaster: Send address changes to NAWSRC, 8015Corporate Dr. Suite A, Baltimore, MD 21236Note: The opinions expressed by the authors of articlespublished in this journal are those of the author and not theNational Association of Waterproofing and Structural RepairContractors. The reader is strongly urged to confer with aprofessional before taking any action as a result of statementsmade in this publication.

Changes?Please inform NAWSRC Headquarters ofany address changes or corrections. Phone: (800)245-6292Fax: (410)931-2060Email: nawsrc@managementalliance.com

American Waterproofing Corp.71 Atlantic AvenueLynbrook, NY 11563Phone: (516) 887- 9292Fax: (516) 872-0604Email:info@americanwaterproofing.netWebsite:www.americanwaterproofing.net

Dry Guys, Inc.Dba: Waterproofing Solutions5001 Spotswood TrailPenn Laird, VA 22846Phone: (540) 432-3610Fax: (540) 442-7307Email:waterproofingsol@earthlink.netWebsite:www.waterproofingsolutionsofva.com

O’Toole Construction, Inc.Dba: OCI WaterproofingTechnologies6302-D North Point RoadBaltimore, MD 21219Phone: 410-282-9155Fax: 410-282-9158Email: djotoole@verizon.netWebsite: www.ociworks.com

Welcome back member:

Olshan Foundation Repair ofAtlanta3913 Flowers RoadAtlanta, GA 30360Phone: 404-653-1000Fax: 404-653-1116Email:dflemings@olshanfoundation.com

SUPPLIER MEMBERS

Emecole, Inc.50 East Montrose DriveRomeoville, IL 60446Phone: 800-844-2713Fax: 815-372-3893Email: lcole@emecole.comWebsite: www.emecole.com

Glentronics, Inc.1150 Willis AvenueWheeling, IL 60090Phone: (847) 520-6120Fax: (847) 520-9750Email: Jerry@Glentronics.comWebsite:www.proseriespumps.com

WELCOME NEW MEMBERS

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SAFETY FIRSTMSDSs--YOUR MATERIAL SAFETY

“BLUEPRINTS” When you build a building youfollow a set of blueprints. When youbuild a model airplane you use aset of plans. Handling hazardousmaterials is similar -- here the“blueprint” is the Material SafetyData Sheet, or MSDS. Having anMSDS for each hazardous materialyou work with is part of the HazardCommunication Standarddeveloped by the OccupationalSafety and Health Administration(OSHA). An MSDS, which can beobtained from the manufacturer, isrequired for every hazardousmaterial on the jobsite. A typicalMSDS has eight sections:Section 1: Identity - themanufacturer’s name, address,emergency telephone number, andthe date the MSDS was preparedSection 2: Hazardous Ingredientsthe chemical’s components andcommon name(s), the OSHApermissible exposure limit (PEL),and the threshold limit value (TLV)

set by the American Conference ofGovernment Industrial Hygienists(ACGIH)Section 3: Physical andChemical Characteristics - theboiling point, specific gravity, vaporpressure, vapor density, solubility inwater, reactivity in water,appearance, odor, and meltingpointSection 4: Fire and ExplosionData - the flash point, flammablelimits, lower explosion limit (LEL),upper explosion limit (UEL),extinguishing media, and specialfire-fighting proceduresSection 5: Reactivity Data -substance stability, condition toavoid, and incompatibility with othermaterialsSection 6: Health Hazards - signsand symptoms of acute or chronicexposure, routes of entry (eye orskin contact, ingestion, inhalation),and whether a chemical is acarcinogen or potential carcinogen

Section 7: Special Precautionsand Spill or Leak Procedures -what to do if the substance spills orleaks, and how to dispose of thesubstance properly and safelySection 8: Special ProtectionInformation and ControlMeasures - requirements forventilation and local exhaust;respiratory and eye protection,gloves, and other PPE; and workand hygienic practices An MSDS is only helpful if youtake time to read it before you usethe material. Think of it as yourblueprint to work safely withhazardous materials. If you needother information about a material,check with your supervisor or themanufacturer. For additionalinformation on Material Safety DataSheets refer to OSHA Standard 29CFR 1910.1200Safety Reminder--Know whereyour employer keeps MSDSs andtake the time to read them.

Memphis TN, the Home of theBlues and birthplace of Rock ‘nRoll, attracts visitors from aroundthe world. They come to pay tributeto the King of Rock n’ Roll andexperience the secrets of BealeStreet, but discover that the BluffCity has more to offer than just itsmusical heritage. It may have been 1909 whenW.C. Handy wrote the first bluessong on Beale Street, but everyweekend tourists and locals alikepay homage to the spirit of hismusic by turning out in droves toone of the most famous streets inthe world. Memphis, Tennessee is a city notcontent to merely thrive andflourish; the people here know how

to live, and living life to its fullestinvolves the ability to dance andsing into the early morning hours tothe tunes of B.B. King and MuddyWaters. Ask anyone and theanswer will be the same: BealeStreet is where you’ll find the party. This world-famous street is linedwith clubs and cafes that serve upthe best that Memphis has to offer.The Rum Boogie Café is perhapsthe most frequented club on BealeStreet. Also worth checking out is B.B.King’s Blues Club where themaestro himself may surprise youwith a performance. Live Blues isplayed almost every night andauthentic memorabilia of MemphisBlues greats lines the walls.

It’s very easy to get aroundMemphis, especially if you staydowntown where most restaurantsand clubs are within walkingdistance. If, however, you want alift to your destination, try thetrolley or a horse-drawn carriageride where the drivers introduceyou to both their horses and theiraffable dogs that ride alongsidethem. Whether you come for the partiesor the history of this rich city,Memphis, offers an array orentertainment for people of allages, and wherever your individualagenda leads you, the spirit ofMemphis is sure to stay with youlong after you’ve left.

MEMPHIS TENNESSEE

51-800-245-6292

Join NAWSRC inMemphis, TN

August 3-5, 2005 for our24th Annual Convention

You will receive three days of intense

POWER TRAININGCome ready to Bulk Up

Our Powerful Education ProgramWill Give Your Firm MUSCLE!

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Scott RobesonRam Jack Distribution248 328-0292

Rafael RivasCitadel Restoration Ser-vices, Inc.512 860-2932

Clark CampbellAbsolute WaterproofingSolutions, Inc.770 427-9508

Stan MarkoConcrete and WaterproofingSolutions, Inc.810 793-8878

NAWSRC Staff

Executive DirectorClaudia J. Clemons410 931-3332 ext. 108

Associate DirectorLinda Jones410 931-3332 ext. 106

NAWSRC Headquarters8015 Corporate DriveSuite ABaltimore, MD 21236410 931-3332Fax 410 931-2060

nawsrc@managementalliance.com

www.nawsrc.org

Alan Chandler 2005All Dry, Inc.615 360-7000

Michael Trotter 2005Trotter Company770 458-0810

Anthony Valentine 2005Everdry Waterproofing ofToledo419 841-6055

Richard Young 2005Young Waterproofing716 893-1939

John Aiple 2006Terrycorp, Inc.937 223-0167

Officers

PresidentRobin Bryan Culver 2006Bryan Waterproofing410 344-1121

Vice PresidentClark Campbell 2007Absolute WaterproofingSolutions, Inc.770 427-9508

Secretary/TreasurerDenise Brown 2007Basement Cracks andLeaks Metro, Inc.517 552-9111

Supplier Liaison Todd Jackson Fortress Stabilization, Inc. 734 424-0966

NAWSRC Board of Directors

Rafael Rivas 2006Citadel Restoration Services,Inc.512 218-0601

Scott Robeson 2006Ram Jack Distribution248 328-0292

Rickie Bramlett 2007L.R. Bramlett and Son, Inc.540 977-1800

Stan Marko 2007Concrete and WaterproofingSolutions, Inc.810 793-8878

Directors

ANNUAL CONVENTION PRESENTS OPPORTUNITY FORSUPPLIERS OF WATERPROOFING AND STRUCTURAL

REPAIR PRODUCTS The 24th Annual Convention of theNational Association ofWaterproofing and Structural RepairContractors is the place to be if youare a supplier for these industries. As an exhibitor, your products andfranchise opportunities are presentedto the most successful waterproofingand structural repair contractors inthe country. This exhibitor opportunity happensonly once a year at our AnnualConvention. This years meeting isplanned for Memphis, TN, fromAugust 3rd - 5th. We plan the convention so thateach day of our meeting, ourmembers are allotted time to meet

with the suppliers. It would takeweeks or months to reach thenumber of contractors that ourconvention brings you in just threedays. No other marketing investmentwill bring you as much targetedexposure for such a reasonableinvestment. We further encourage ourparticipants to visit with you byholding a $200 cash drawing duringour luncheon on Friday. Only thosewith entries validated by all of thevendors, to verify that you met withthe participant, are eligible for thedrawing. In keeping with our “PowerTraining” theme, our vendor area willbe called “Specialized Gear”. The

fees for participation in the exhibitorshowcase are $450.00 for membersof the NAWSRC and $650.00 fornon-members. Our suppliermembers who have paid $795.00 inmembership dues, are eligible for a$100.00 credit toward their space.These fees cover an 8’ Table TopExhibit Space, plus one attendee toattend our Wednesday NightWelcome Reception, attendance atall Seminars, and our MembershipMeeting and Luncheon on Friday. Our Annual Convention promises tobe our biggest and best, especiallywith the speakers that we haveplanned. Don’t miss out on thisopportunity to present to this focusedand motivated group!

71-800-245-6292

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5 Secret Scientific FactsHelp Close More Sales

The general assumption is thatselling is not a science; that it’smore a matter of intuition andword games. That assumption iswrong. As it works out, knowledge ofthe brain’s chemistry, somaticresponses, behavioral science,and post-hypnotic suggestion willhelp you make sales. Huh? When unenlightenedsalespeople provide aninteresting, concise, and fact-filledpresentation, and customers askthem to repeat something justcovered, the response often startswith, “Like I said.” Remove thatphrase from your vocabulary. It’sunnecessary and condescending. Others in the same situation willsmile patiently and say, “As Iexplained to you previously.”That’s terrible. Often, salespeople will re-phrase their explanation under themisguided assumption that, sincethe prospect didn’t get it the firsttime around, they need to usedifferent phraseology. So much for intuition and wordgames. Lets try science.Brain Chemistry Thoughts result from chemicalreactions in the brain. So doemotions. Pleasant feelings resultfrom pleasure-producingchemicals flowing in the brain.They are very enjoyable and areproduced from external stimulus.That external stimulus can beanything from a pretty picture to awell-constructed salespresentation. When customers ask you torepeat-the benefits of a particularproduct-or service, what they’re

really saying is, “When you wereexplaining to me how I’d benefitby your product or service, youreally got those pleasure-producing chemicals in my brainflowing, and it felt good! Wouldyou please be so kind as to dothat for me again?” When asked to repeatpart of a presentation,don’t change it a bit.Use the exact samewords, timing, vocalinflection, gestures,visual aids, andposture.Somatic responses These areautomatic, involuntaryreactions to stimuli.Often theseresponses arephysical, like eyedilation or a smile. The lack of eyecontact is acommonbarrier toclosing sales.Good eyecontact sendsthe subconscious message thatyou’re honest and confident. Italso clues you in on one of thebiggest buying signals you canhave. When people see somethingthey really-like, the pleasure-producing chemicals in theirbrains start flowing, causing theirpupils to dilate. This somaticresponse happens instantly, andthere is absolutely no mistaking it.People are completely unawareof it and can’t control it, even ifthey know its happening.

When selling, make pupil-to-pupil eye contact. When yourprospects’ pupils dilate, stopselling and ask a closingquestion.Dendrites You’ve heard it said that makingmultiple closing attempts andrecommending products againand again, despite a prospects’insistence that they’re not goingto buy, works. It does work, andthere’s nothing your prospectscan do about it. The more exposure youhave to anything, the moreacceptable it becomes toyou. You get used to it. Thoughts are caused bychemical reactions in yourbrain and each thought followsits own unique pathway calleda dendrite. Think a thoughtone time and its dendritedisappears after a short

time. Think it over andover again, and the

dendritestrengthens, itbecomes morepermanent. Thisapplies to

unwanted thoughts, as well asdesirable thoughts. This is why it’simportant not to dwell upon pasthurts and disappointments. It’sbest to discipline yourself to thinkpositive, productive thoughts. Every time you bring up thesame topic to a prospect, thedendrite associated with thatthought strengthens and becomesmore acceptable to them. Everytime you ask a prospect for adecision, they are forced to thinkabout it, and come closer to

91-800-245-6292

buying, whether they want to ornot.Psychoneuromotorlinquistics On the behavioral front, there’ssomething calledpsychoneuromotorlinquistics: Thisis the ability to establish rapport,which is a necessary skill tosucceed in sales. Mostsalespeople use topics of mutualinterest, smiles, compliments, andjokes to establish rapport. Ever run a call where you justcan’t make a connection?Psychoneuromotorlinguisitics willenable you to establish nearlyinstant rapport with just aboutanyone, without your saying aword. Psychoneuromotorlinguisiticsconsists of two steps: “mirroring”and “leading.” People like to buy from peoplewho are most like them, so it’simportant to adapt yourself toprospects’ social behaviors. When first meeting prospects,observe their posture,mannerisms, gestures, bodylanguage, and accent; as well aspace and repetitive patterns intheir speech. Try to mirror asmany of them as closely aspossible. When first learning mirroring,salespeople often ask if prospectshave ever asked me why I wascopying them. No, that has nothappened. Remember, myprospects have never met mebefore. They don’t know how I actwhen I’m not around them. Theyonly know how I act when I’m withthem, and when I’m with them, Iact in the most acceptablemanner they know — I act theway they do, and they like it! When a customer shifts theirweight, folds their arms, rubs theirchin or does just about anything,silently count off about fourseconds, then mirror them to thebest of your ability.

After you’ve mirrored themabout four times, try “leading” bygoing back to a previousmovement you just mirrored. Ifthey follow you, you’ve silentlyestablished rapport and can moveinto making recommendationswith a level of positiveexpectation. The first time I tried thistechnique was on an extremelyargumentative gentleman whowas the next door neighbor of myprospect. It seemed to me that hehad no business being there inthe first place and his onlypurpose for being present was toruin my sales call. After “mirroring” him four times and“leading” only once, he surprisedme by abruptly asking, “Whatwould it cost to replace my airconditioner while you replacehis?” Within minutes, I wasdriving away from a call with twosales that, prior to my usingpsychoneuromotorlinguisitics,would have resulted in no sale.Post-hypnotic suggestion This is a suggestion made to ahypnotized person that specifiesan action to be performed afterawakening, often in response to acue. People don’t have to behypnotized for you to use aposthypnotic suggestion. For instance, say you’re runninga sales call in which yourecommended a replacement airconditioner for someoneexperiencing repeatedbreakdowns, a lack of comfort,and high energy costs. Afteryou’ve made a few closingattempts, it’s obvious that youneed to leave or be in danger ofoverstaying your welcome.Conclude the conversation bysaying, “Okay Mr. and Mrs. Smith.I’m going to take off. Now listen,from now on, every time you hearthat air conditioner click on andevery time you open your electricbill, I want you to think of me, and

I want you to remember that Ican resolve your serviceproblems, make you morecomfortable and reduce thoseenergy bills. Then I want you topick up the phone and call me.” Sound corny? It is, but itworks. I can’t tell you howmany times over the years I’veanswered the telephone tohear customers say, with achuckle, “Charlie Greer? Youtold me that every time I hearmy air conditioner click on, andevery time I open my electricbill, to think of you, then to pickup the phone and call you. I’mcalling you now to ask you tocome out here and sell me anew air conditioner just so I canquit thinking about you and geton with my life!”Charlie Greer is the sole instructorfor Charlie Greer’s 4-Day SalesSurvival School, the creator of TecDaddy’s Service TechnicianSurvival School on DVD, and theco-creator of The Service andMaintenance AgreementPowerPack.

YOUR GOVERNMENTAT WORK

In 2002 the General AccountingOffice reported finding that atleast 200 Army personnel spent$38,000 on personal expensesusing Defense Department-issued credit cards. According toreports, many of the charges(including “lap dancing”) weremade at strip clubs near militarybases. Other charges: mortgagepayments, racetrack betting,Internet gambling and Elvisphotos from Graceland. Furtherinvestigation revealed that manygovernment offices abusecharge card programs. Someexamples cited by the GAO:laptop computers, pet supplies,DVD players, pizzas, and$30,000 worth of Palm Pilots.

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111-800-245-6292

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131-800-245-62921-800-245-6292

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The National Associationof Waterproofing andStructural Repair Contractorswill offer certification testingin the three specificdisciplines of waterproofingon Wednesday, August 3,2005, at our Annual Meetingin Memphis, TN.

The NAWSRC CertificationProgram recognizestechnicians who demonstratethe experience and skillsrequired to install andmaintain qualitywaterproofing procedures.The program is intended toimprove and ensure highperformance standardsthroughout the waterproofingindustry and encouragestechnicians to seekprofessional training andcontinued education. There are three testsavailable. Each providestechnicians the opportunityfor certification in a specificarea of study. The CertifiedWaterproofing Specialist(CWS) exam is for below-grade waterproofingcontractors, the CertifiedStructural Repair Specialist(CSRS) exam is for pieringand structural repaircontractors, and the CertifiedAbove-Grade WaterproofingSpecialist (CAWS) exam isfor contractors in thisspecialty.

NAWSRC to giveCertification Tests in

Memphis, TNThe NAWSRC

Certification Testing willbegin at 1:00 PM onWednesday, August 3, 2005.The exams take about two-hours and are closed-booktests covering basicknowledge with specialtyquestions relating to eachwaterproofing field.Questions on OSHAregulations dealing with theparticular area ofwaterproofing and theNAWSRC Code of Ethicsare also included on theexams. Pre-registration andapplication for the test isrequired and available bycalling the NAWSRC at 800/245-6292. To qualify forregistration you must be amember of the industry forat least four years and yourcompany must be a memberof NAWSRC for at least oneyear. You must demonstratehigh industry standards anddedication to continuing yourprofessional education. Aspart of the certificationprocess, you will obtain acomprehensive library ofbooks and articles whichcontain a rich store ofreference material. For questions about theNAWSRC CertificationExams, contact theNAWSRC offices at 800/245-6292, emailnawsrc@managementalliance.com

Show the industry that you are a cut above the rest.

No Matter How YouSlice It...

Certified Specialistsare

A Cut Above the Rest

The only waterproofingprofessionals who are required to —pass a rigorous exam —continue education —uphold ethics

Certified Specialists, the uppercrust of waterproofingprofessionals since 1981.

151-800-245-6292

The company to see for your concrete repairsystems needs, in general, and for poured wallbasement crack repair systems in particular:

1. In dual cartridges and in pails2. 6 viscosities of injection epoxies3. Hydrophilic & hydrophobic foams4. Rapid, odorless surface seals5. Peelable surface seals6. Specialty polyureas7. Ports, packers, manual tools8. Carbon fiber crack repair stitch kits

EMECOLE, INC.P.O. Box 7486Romeoville, IL 60446800-844-2713 Fax 815-372-3893

lcole@emecole.comwww.emecole.com

The following article isreprinted from the February,2005 issue of Reader’s Digest

4 Ways to Boost Your Home’s ValueThe strength of your house’s structure can have a bigimpact on its value over time. Halt the ravages ofnature by taking these small steps now:Find problems earlyEvery two to three years, have your house examinedby a certified home inspector (see ashi.org ornahi.org), says Steve Berges, a builder and author of101 Cost-Effective Ways to Increase the Value of YourHome. This person inspects the roof and basement forleaks and structural damage, checks the foundation fortermites and moisture, and tests heating, airconditioning, plumbing and electrical systems. Aninspection costs about $400, but could save youthousands later.Upgrade regularlyReplace your roof about every 15 years (depending ontype), paint the exterior every 5 years and review the

gutter system every 6 months. “Tighten the screwsconnecting the gutters to the fascia board against thehouse and examine the boards for cracks and rot,”Berges recommends.Watch for waterMoisture usually enters a home through cracks in theroof and foundation. “During a heavy rain, go in yourattic with a flashlight to check for leaks, “ Berges says.If the basement is wet, the first step is hiring a certifiedwaterproofing specialist (nawsrc.org) to seal thecracks.Change the sceneryCut back shrubs that touch the house. They trapmoisture and let bugs inside. Consider hiring a certifiedarborist (try isa-arbor.com) for tree pruning. Doing ityourself could weaken trees, increasing the risk thatlimbs will fall on your roof during a storm.

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171-800-245-6292

If you use a cell phone forbusiness calls, you need to knowwhat cell phone expenses are tax-deductible. According to the IRS,cell phones are subject to strictsubstantiation requirements fordeductions to be allowed. Thebusiness use of the phone needs tobe supported by maintaining awritten record of:• Amount of the expense.• Time and place of the expense.• Business purpose of the expense.• Business relationship to the tax-payer of the other party. Unfortunately, copies of phonebills that are simply “claimed” asbusiness-related expenses will notbe considered deductible items. A

recent case denied a taxpayer anyphone deductions for lack ofsupporting evidence. Thetaxpayer tried to meet thesubstantiationrequirements withcancelled checkcopies. Keep detailedrecords. Taking it astep further, foroutbound cell phonecalls, always obtain adetailed list of calls fromyour provider. Then makenotations distinguishingbetween personal andbusiness-related calls. Orconsider maintaining a diaryexplaining each call, and reconcileit with all the phone bills you

smart business

Cell phone records can provide tax savingsreceive. Once the business usageis determined, the cell phoneexpense can be calculated fordeduction purposes. If you are an employer whoprovides cell phones for youremployees, require them tomaintain records for business useof their phones. If they fail to do

so, it is possible to losedeductions, and the employees

may have to report the fullvalue of the phone as

taxable income. When the business-usepercentage on a cell-phone

is 50% or less, depreciationis calculated using the

straight-line method over a periodof ten years. No first-yearexpensing is permitted.

EARLY BIRDREGISTRATION 101

The Early Bird RegistrationDeadline is June 15, 2005. To beeligible for the $385.00 drawing,the following criteria must be met:1. Your company registration mustbe received by the NAWSRCmanagement offices by June 15,2005.2. If your membership has ameeting credit available for youruse, the meeting registration formmust still be either sent to themanagement office, or faxed byJune 15, 2005.3. If you choose not to use yourmeeting credit, or if no credit isavailable, payment for yourmeeting registration must bereceived by the managementoffices by the deadline date.4. Please send your completedregistration form, with paymentinformation, to NAWSRC, 8015Corporate Drive, Suite A,Baltimore, MD 21236, or fax yourform to 410 931-2060

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Will I get sued?ARE YOU EXPOSED?By Barnaby Wickham

Like fiefdoms of yore, companiessurround themselves with animpregnable wall to deflect thestones and arrows of maraudinglitigators. As many are nowlearning, a far greater threat lurkswithin the castle – an enterprise ismuch more likely to face a lawsuitfrom one of its own employeesthan from any outside party. “Statistically, the most prevalentsuits are from your ownemployees,” says Barry Rosen,chairman of Gordon Feinblatt, a75-lawyer commercial law firmbased in Baltimore. These rangefrom wrongful discharge to any of anumber of discrimination issues.According to the EqualEmployment OpportunityCommission, more than 81,000federal employment discriminationcharges were filed in 2003 alone(see chart). Although not the most costly interms of awards (this is reservedfor fraud and breach of contractcases), employment-relatedlawsuits are expensive to defend,says Linda Woolf, partner and headof the commercial litigationdepartment at Baltimore basedGoodell, DeVries, Leech & Dann,LLP. “They are very fact intensive.”Especially surging in popularity(and award sizes) are employee-brought cases that complain ofwage-and-hour violations such asunpaid overtime, working off theclock, or being misclassified asexempt from time-and-a-halfovertime under the Fair LaborStandards Act. In 2001, the numberof federal wage-and-hour casesexceeded for the first time thenumber of new federal employmentdiscrimination cases combined,according to Department of Laborstatistics.

Unclear still is how the newovertime rules that were institutedlast summer will affect thiscategory of litigation. Although thesomewhat clearer rules werepushed through by the Bushadministration as a means ofcurtailing litigation, companies arestill waiting to exhale until a few bigtest cases set a tone going forward.However, state companies stillneed to comply with a morestringent Maryland law that has notbeen updated to match the newfederal rules.SENSITIVITY Fortunately, there are a couple offairly straightforward preventivemeasures that a company can taketo significantly reduce its exposureto all types of employment relatedlitigation. “An ounce of preventionis worth a pound of cure,” assuresRosen. The goal is to head off troublebefore it starts. Do this by hiringmanagers who treat employeesfairly and sensitively.”They say withmedical malpractice the most likelydeterminant of whether a doctorgets sued is his bedside manner,”says Eric Hemmendinger, partnerat Baltimore-based ShaweRosenthal, LLP. “Well, the sameapplies to companies.” Gauging a prospectivemanager’s sensitivity to employeeconcerns is difficult at best. That iswhy it is important to have aregular training program formanagement that communicatesexpectations for how employeesshould be treated. This is vital forits own sake, but will alsodemonstrate to a court acompany’s intent to treatemployees in a nondiscriminatorymanner.DOCUMENTATION

A second step is to publish anddisseminate clear standards andprocedures that govern theemployer-employee relationship.But realize that the existence of anemployee handbook won’tnecessarily prevent claims ofwrongdoing, says Hemmendinger.“In my experience, you can havecompanies with very sophisticatedpaper programs who get sued a lot,and others who don’t havesophisticated paper programs whodon’t get sued much,” he says. However, if a case does go tocourt, the decision will be basedlargely on whether there isevidence of a lawful written policyand procedure, and how wellmanagement followed it. “Themodel doesn’t have to be perfect,but you need to follow the modelyou set up,” says Maurice Bellan, aColumbia-based lawyer thatspecializes in helping businessesand organizations comply withlabor and employment law. Bellan often helps employerscraft their employee handbooks.“You don’t have to have the 100-page manual that IBM uses,” hesays. “It needs to be detailedenough to define your company’spolicies and expectations ofemployees.” Each employeeshould read and sign it. Whenconditions warrant an update, havethem initial it again.WRONGFUL TERMINATIONClaims of discrimination andharassment are often triggered bythe emotionally charged act offiring an employee. He is often hurtand looking for revenge. At thatpoint, it is often too late to avoid alegal confrontation. “The way theseparation is handled can go a longway to avoiding litigation,” saysWoolf. One approach is to

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offer a severance agreement thatincludes a release of claims. If an employee must be let go fordisciplinary reasons, hard feelingsmay be impossible to avoid. Underthis scenario, the best protectionfor a company is to document howit has followed its own policy. “Ihear people say ‘But I wrote themup a hundred times.’ It’s notenough to write up someone abunch of times,” says Bellan. “Youhave to make sure you clearly setstandards for that position.” “It’s important that everyone elsearound knows what they did wrong,that they had a chance to correct it,and everyone knows the companyis better without them,” addsHemmendinger. “They might notlike it, but in their hearts they knowits fair.” And don’t just say it – documentit. “The natural tendency of lawyersin court is to look at the thing that’seasiest to look at – the employee’sfile,” says Hemmendinger.Otherwise, a company must rely onwitness testimony, which is easilydisputed.

SIZE MATTERS Small firms (under 15employees) aren’t generally subject

to claims of discrimination, andlarge companies, though a plumpertarget, can usually afford the luxuryof a distinct Equal EmploymentOpportunity department. Thebusinesses with 15-75 employeesare the most vulnerable, saysBellan. “They have to comply butthey don’t have the resources orinfrastructure,” he says. Small companies aren’tcompletely off the hook. A plaintiffcan still press a case on aconstitutional basis. With sexualharassment, for example, anemployee can claim her personalliberty has been violated. Still, “forall practical purposes it’s veryhard to stick it to employers of 15or less employees,” says Bellan.VENUE CHOICE Of course, not all lawsuits that acompany faces will originate with apresent or former employee, and acompany needs to be aware ofways to limit that exposure as well.To some extent, avoiding legalactions brought by outside partiesis as straightforward as nurturing acompany culture that values

lawfulness. Unlike employeeactions, which often arise due to acompany’s ignorance of the law,

outside actions mostly result from adeliberate skirting of the law,whether it be a rogue employee ora top-down initiative. Still, there aresteps a company can take toreduce its potential liability. Just as the Green Bay Packers’Lambeau Field has a reputation forbeing a tough place to play footballin December due to its harshweather and rabid fans, likewise,certain courts and jurisdictionshave a well-known reputation fortilting the playing field. In thecourse of contract writing,companies should includeprovisions to assure they will get afair hearing. Within certain limits, state lawstipulates that the plaintiff choosesthe trial venue. It doesn’t need tobe that way, says Woolf. “Whenyou enter into a contract, abusiness can specify venue, suchas federal court in Baltimore orstate court in Baltimore County.The courts will enforce that,” shesays. A business can even specifywhat law it wants to be subject to. However, “The court will notenforce it if the choice has no logicof nexus,” says Woolf. In otherwords, unless a company is activein Virginia, let’s say, it needn’tbother specifying that state’s law ascontrolling, as the court will ignoreit. Generally, Woolf says, abusiness wants to be tried in ajurisdiction made up of potentialjurors who have a higher level ofeducation. An area with a highdensity of business owners is evenbetter. Unlike some states, Maryland lawdoes not eclipse federal law. “Forthe most part, in Maryland federallaw dominates the field,” saysHemmendinger. An exceptionis the prohibition of workplacediscrimination on the basis ofsexual preference or geneticinformation, neither of which isprotected by federal law. However,Hemmendinger has seen very littlelegal activity related to thisprovision.

Federal Employment Discrimination Charges filed in 2003with the Equal Employment Opportunity Commission

Race 28,526 (35.1%)Sex 24,362 (30.0%)Retaliation 22,690 (27.9%)Age 19,124 (23.5%)Disability 15,377 (18.9%)National Origin 8,450 (10.4%)Religion 2,532 (3.1%)Equal Pay Act 1,167 (1.4%)

Nature of Charge Number Percent

* The number for total charges reflects the number of individual charge filings, which oftencontain claims for multiple types of discrimination. Therefore, the number of total chargesis less than the total of the eight types of discrimination listed

Total Charges 81,293*

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