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Dave & Pete's Excellent Adventure! - CDLA 2012 Annual Conference

On July 27, 2012 David McMahon and Pete Fowler embarked on fun-filled road trip to beautiful Crested Butte, CO to attend the Colorado Defense Lawyers Association's (CDLA) 35th Annual Conference. CDLA is a statewide organization that is 700 members strong, dedicated to the defense of civil actions, defending the interests of business and individuals in civil litigation, and the promotion of fairness and integrity in the civil justice system.

Here are some highlights from Dave & Pete's Excellent Adventure:

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Pete and Dave leaving the Boulder office --- Crested Butte or bust!

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Our first stop on our excellent adventure was the Coney Island Boardwalk in Bailey, CO.

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We indulged ourselves in some tasty, heavily loaded Coney Island style hot dogs!

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Our booth at CDLA, where we distributed our finest Pete Fowler Reserve Wines.

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Conference attendees testing out our raffle item, an awesome RYOBI 18V One+ Drill Set!

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Dave and Pete waiting to ride the lift to the top of Mt. Crested Butte.

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Dave and Pete at the summit of Mt. Crested Butte.

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On our way back down from the summit: the beautiful city of Mt. Crested Butte and the fantastic CDLA Friday Night Bash with live band!

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On Saturday we took in the sights. Here we are in front of Crested Butte's Old City Hall and Montanya Distillers. Some other great bars were passed through included Kochevar's, Eldo, and The Dogwood Cocktail Cabin, definitely worth checking out if you ever find yourself in lovely Crested Butte.

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Dave and Pete at Teocalli Tamale, some of the best Mexican food you can find this far North!

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We found friends old and new while in Crested Butte! Can't wait to see you all again soon!!

 

Continuing Education

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From the day of our founding, PFCS has been dedicated to training & education. Years ago, we realized that many of our clients were interested in receiving a summary of the same training topics we were creating for our own internal use. Eventually we registered to provide continuing education credits for various professional organizations that our clients belonged to. Today, many of our courses are registered for continuing education credits with the following organizations:

  1. The State Bar of California: PFCS is an approved provider. All courses we offer are available for credit.

  2. California Department of Insurance: PFCS is an approved provider. Each program requires individual approval 30 days in advance. Application fee is $28.00 per course.

  3. Nevada Board of Continuing Education: Each program is applied for online with no application fee. Apply 30 days ahead to be safe.

  4. Oregon State Bar: Approval is applied for in advance, but can be approved up to 30 days after each webinar. Application fee is $40.00 per course.

  5. Community Associations Institute (CAI through CAMICB): PFCS is currently seeking approval for our Property Analysis Series.

  6. Paralegals are provided a Certificate of Attendance which they can submit to either:

    1. National Federation Paralegal Association (NFPA) website www.paralegals.org

    2. National Association of Legal Assistants (NALA) website www.nala.org

  7. Colorado Supreme Court: Needs to be reviewed and updated.

For more information, contact us at marketing@petefowler.com.

 

 

OWCAM Expo

On January 20, 2012, we had a great time participating in the 2012 OWCAM Expo Annual Trade Show in Vancouver, WA. In the spirit of this year’s "Cruising in Paradise" theme (remember this is January in the Pacific Northwest!) Pete Fowler and Adrian Bullmore dressed the part. The Expo is an annual venue for community managers and vendors to network amongst peers and to participate in educational sessions.

We spent the day catching up with old friends, making new friends and raffled off a fabulous bottle of Gaston Chiquet Traditional Champagne at the end of the day.

The Oregon Washington Community Association Managers, (OWCAM) was founded in 2002 to educate and serve Community Association Managers and service vendors in Oregon and Washington.

 

CAI's Essentials Workshop

On February 4, 2012, the Oregon Chapter of the Community Association Institute presented a one day Workshop in Portland, Oregon. The "Essentials" program is a comprehensive course about the history, organization and financial structure of community associations, including problem solving techniques to help run your community better. Pete Fowler spoke on property maintenance

SB 800 Introduction and Summary: CA Builders Right To Repair Law

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SB 800 Introduction and Summary: CA Builders Right To Repair Law - A 5-page whitepaper by Pete Fowler Construction Services, Inc., copyright Dec. 2, 2011

Introduction

Senate Bill (SB) 800, the ‘Builders Right To Repair’ bill was signed into law September 20, 2002, and took effect for every living unit sold in California after January 1, 2003. Printed, the bill is 12 pages, and specifies the rights and requirements of a homeowner to bring a construction defect action, contains building standards and functionality requirements for new residential units, and gives a detailed pre-litigation procedure. SB 800 was developed as a compromise of various factions of the building and legal communities to address the problems of the home building industry. The 9,000 word bill states the intent of the legislature is to improve the procedure for the administration of civil justice in construction defect cases.

Problems that led to the development and passage of the bill into law include:

  • Issues of quality in home building and consumer protection

  • Pervasive construction defect litigation

  • A lack of insurance coverage for builders, subcontractors, and suppliers

Important components of SB 800:

  • Pre-litigation procedure requires the owner to notify and allows ‘Builders Right To

    Repair’ before being sued

  • Immunity for ‘qualified’ third party quality inspectors. This is meant to encourage the

    practice of third-party quality control.

  • Allows recovery for damages previously excluded under Aas

  • Builders must notify owners of maintenance requirements and SB 800 protections at

    time of sale

  • Builders now have a document retention requirement, by statute

  • Specific statute of limitations, less than the blanket 10 years, for many components in

    residential construction

  • Builders cannot demand a ‘release’ for performing repairs. Builders can get a full

    release if they offer cash or upgrades in return for release.

  • The pre-litigation process does toll the statute of limitations

  • Conduct during the pre-litigation procedure is admissible in a subsequent suit. Bill does

    apply to subcontractors, suppliers, manufacturers and designers, except pre-litigation procedure

Actionable Defects

Water Issues

(1) A door shall not allow unintended water to pass beyond moisture barriers.
(2) Windows, patio doors, deck doors, and their systems shall not allow water to pass beyond moisture barriers.
(3) Windows, patio doors, deck doors, and their systems shall not allow excessive condensation.
(4) Roofs, roofing systems, chimney caps, and ventilation components shall not allow water beyond moisture barriers.
(5) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow water to pass into the adjacent structure.
(6) Decks, deck systems, balconies, balcony systems, exterior stairs, and stair systems shall not allow unintended water to pass within the systems themselves and cause damage.
(7) Foundations and slabs shall not allow water or vapor to enter into the structure so as to cause damage.
(8) Foundations and slabs shall not allow water or vapor to enter into the structure so as to limit the installation of the type of flooring materials.
(9) Hardscape, irrigation systems, landscaping systems, and drainage systems, shall not cause water or soil erosion or come in contact with the structure so as to cause damage to another building component.
(10) Stucco, siding, exterior walls, exterior framing, exterior wall finishes and fixtures, pot shelves, horizontal surfaces, columns, and plant-ons, shall be installed in such a way so as not to allow unintended water to pass into the structure or beyond moisture barriers.
(11) Stucco, siding, and exterior walls shall not allow excessive condensation to cause damage to another component.
(12) Retaining and site walls and their drainage systems shall not allow unintended water to pass beyond moisture barriers so as to cause damage.
(13) Retaining walls and site walls, and their drainage systems, shall only allow water to flow beyond, around, or through the areas designated by design.
(14) The plumbing system, sewer system, and utility systems shall not leak.
(15) Plumbing, sewer, and utility lines shall not corrode so as to impede the useful life of the systems.
(16) Sewer systems shall allow the designated amount of sewage to flow through the system. (17) Shower and bath enclosures shall not leak water into the interior of walls, flooring systems, or the interior of other components.
(18) Ceramic tile and tile countertops shall not allow water into the interior of walls, flooring systems, or other components so as to cause damage.

Structural Issues

(1) Foundations shall not contain significant cracks or vertical displacement.
(2) Foundations shall not cause the structure to be structurally unsafe.
(3) Foundations and soils shall comply with the design criteria for chemical deterioration or corrosion resistance in effect at the time of construction.
(4) A structure shall comply with the design criteria for earthquake and wind load resistance.

Soil Issues

(1) Soils and retaining walls shall not cause damage to the structure.
(2) Soils and retaining walls shall not cause the structure to be unsafe.
(3) Soils shall not cause the land upon which no structure is built to become unusable.

Fire Protection

(1) A structure shall comply with the design criteria and codes.
(2) Fireplaces, chimneys, chimney structures, and chimney termination caps shall not cause unreasonable risk of fire.
(3) Electrical and mechanical systems shall not cause unreasonable risk of fire.

Plumbing and Sewer Issues

Plumbing and sewer systems shall operate properly and not impair use of the structure. Four year statute.

Electrical System Issues

Electrical systems shall operate properly and not impair the use of the structure. Four-year statute.

Other Areas of Construction

(1) Exterior hardscape (driveways, sidewalls, etc.) shall not have excessive cracks or vertical displacement. Four-year statute.
(2) Stucco, siding, and exterior wall finishes shall not contain significant cracks or separations. (3) (A) To the extent not otherwise covered by these standards, manufactured products, shall be installed so as not to interfere with the products' useful life.

(3) (B) "useful life" means a representation of how long a product is warranted or represented, through its limited warranty or any written representations, to last by its manufacturer, including recommended or required maintenance. If there is no representation by a manufacturer, a builder shall install manufactured products so as not to interfere with the product's utility.

(3) (C) "manufactured product" is completely manufactured offsite.
(3) (D) If no useful life representation is made, the period shall be no less than one year. This subparagraph does not limit recovery if there has been damage to another building component caused by a manufactured product during the manufactured product's useful life.
(3) (E) This title does not apply in any action seeking recovery solely for a defect in a manufactured product located within or adjacent to a structure.
(4) Heating, shall be capable of maintaining a temperature of 70 degrees Fahrenheit three feet above the floor in any living space.
(5) Air-conditioning, shall be consistent with the size and efficiency design criteria in Title 24 of the California Code of Regulations.
(6) Attached structures shall comply with interunit noise transmission standards. One-year statute.
(7) Irrigation and drainage shall operate properly. One-year statute.
(8) Wood posts shall not be installed so as to cause decay. Two year statute.
(9) Steel fences shall be installed so as to prevent corrosion. Four year statute.
(10) Paint and stains shall be applied so as not to cause deterioration of the building. Five year statute.
(11) Roofing materials shall be installed so as to avoid materials falling from the roof.
(12) Landscaping shall be installed so as to survive for not less than one year. Two year statute.
(13) Ceramic tile and backing shall be installed so it does not detach.
(14) Dryer ducts shall be installed pursuant to manufacturer requirements. Two year statute. (15) Structures shall be constructed so as not to impair the occupants' safety.

The standards set forth in this chapter are intended to address every function or component of a structure. To the extent that a function or component of a structure is not addressed by these standards, it shall be actionable if it causes damage.

‘Builders Right to Repair’ Calendar

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‘Builders Right to Repair’ Calendar

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Methodology for Evaluation of Water Infiltration in Buildings

Introduction

Pete Fowler was invited to present at the Oregon State Bar Construction Law Section for a Construction Defect Claims Series. The OSB Construction Law Section and Smith Freed & Eberhard sponsored the free lunch series for attorney continuing education credits. Pete Fowler presented the topic of Methodology for Evaluation Water Infiltration in Buildings. The program included building envelope evaluations, construction defect analysis and prevention, and expert witness services.

This program is also part of a Property Analysis Seminar/Webinar Series presented by PFCS . The objective of the Property Analysis Seminar Series is to gain a“big picture” understanding of how professionals gather, analyze and use building performance data. Also participants may learn best practices and “the scientific approach” to figuring out building performance problems to have something to contrast against, when faced with people who have drawn erroneous conclusions based on poor investigation techniques.

Property Analysis Seminar/Webinar Series

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Programs in this series:

  1. Property Condition Assessment Using ASTM E2018-08

  2. Evaluating Water Leakage of Buildings Using ASTM E 2128-01a

  3. Prioritizing Maintenance and Repairs on a Limited Budget

  4. Contracts for Property Maintenance, Repair and Improvement.

  5. Managing Property Maintenance, Repair and Improvement.

For more information or to attend an upcoming seminar/webinar call us or email us at marketing@petefowler.com.

 

Expert Witness Success

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Expert testimony can make or break some cases. “Expert Witness Success: Managing the development and delivery of opinions, reports and testimony for success” will give you a framework to make sure your expert testimony is complete, supportable and understandable by the non-technical people who need to use the information to make decisions. Since there are no guarantees in litigation, disciplined execution of a well-tested method is as close as we can get. With our system for development and delivery of expert opinions, you don’t have to wait until the testimony is delivered to know if it is going to be good.

Expert Analysis

Forensic work includes collecting and organizing documents and physical evidence, and documentation of conditions with photos and other demonstration aids like diagrams and flow-charts. Analysis includes turning raw data into understandable, usable information. Ultimately presentation of conclusions occurs in meetings, mediation, or sworn testimony.

Click here to view excerpt of presentation

For more information on seminar dates or to have this presentation delivered to your company call us or email us at marketing@petefowler.com.

 

Selecting and Evaluating Expert Consultants

Our company is an expert consultancy that offers services in virtually all aspects of the building lifecycle (see PFCS Services below). I think everyone can understand that all top tier consultancies shiver at the idea of being judged by clients who simply compare the fee schedules of various competitors (Think Wal-Mart vs. Nordstrom). Although our hourly rates are competitive, they will never be the lowest.

Our company's highest and best use, and what we have worked on for the last decade, is to figure out how we make the "Total Cost of Consulting" valuable to our clients. "Most value" is sometimes the lowest cost, but often not. “Value” is a function of how the fruit of the consulting work is going to be used. If someone pays for a report but does not read it, ignores the information in making decisions, or does not execute the recommendations, then the consulting work has no value, no matter how excellent the analysis.

Creating the most value for consulting services, regardless of whether the “total cost of consulting” is modest or extravagant, requires:

  1. Case-by-case application of professional judgement by awesome, experienced and well trained consultants;

  2. A well defined and fine-tuned system to maintain consistency and quality control;

  3. A mechanism to get the price right and be able to compare the ultimate cost of the solution to the original plan, and;

  4. Communication, information and feed-back by the purchaser of the consulting services.

Many of our projects are likely to lead to litigation, are currently in litigation, or have already been in litigation, so we know as well as anyone that life is messy. Litigation is unpredictable and constantly changing. Disciplined management in the face of constant, unpredictable change is hard; but we have figured it out. We even have a seminar to teach owners, attorneys and insurance professionals the discipline of “Managing Expert Work and Costs” - there is a 3 minute video introduction if you have time.

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Analyzing Construction Defects

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Analyzing Construction Defects is for anyone faced with construction litigation related to physical problems or allegations of defects in buildings or construction. We will explain what a construction defect is, how the process of construction defect litigation flows, present a framework for working through the complexity of potential defects and the issue-by-issue analysis of each potential defect, and discuss appropriate investigation standards.

This program is for attorneys, adjusters, property managers, building professionals, and others involved in construction or real estate; as they are likely to face an insurance claim or litigation at some point. Indeed, many such professionals deal with construction related claims as a common occurrence in the course of their work.

Click here to view an excerpt of presentation

For more information on seminar dates or to have this presentation delivered to your company call us or email us at marketing@petefowler.com.

 

Property Condition Assessments Using ASTM E2018

Making Good Decisions

Managing property maintenance, improvement and repair is hard. Making good decisions in managing the building lifecycle takes hard work, professionalism and good information. From our founding, PFCS has been helping clients to understand their buildings and to make informed decisions. We have developed an integrated suite of services designed to give property managers and owners the information they need. The first and most important step in making good decisions about a building project is to get a “Baseline Property Condition Assessment.”

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Components of a Property Condition Assessment (PCA) 

  1. Document & Building Information Management: We collect, organize, and permanently store all project information created or received by PFCS in the context of our investigation and evaluation. The data and information are saved in a password protected information system that you can access via PFCS Client Access (watch the video here).

  2. Meetings/Interviews with Key People: Our Team Members keep notes and report on key information we collect in the context of our professional investigation.

  3. Inspection: After collecting and analyzing key information, we conduct a thorough, rigorous, on-site investigation. We take many hundreds of photographs per day of inspection using a proprietary application that allows categorizing by location, building element, issue, plain english descriptions, and much more. These photographs are uploaded to our proprietary information system within 24-hours and can be viewed via our password protected Client Access site.

  4. Analysis: Our analysis method has been honed over the years through tens-of-thousands of structures inspected, millions in construction specification and management, and having been named as expert witnesses on thousands of construction and property related claims & litigation. Each building element is investigated and evaluated.

  5. Estimate: Some PCAs include estimating the probable costs for repair or maintenance of some building assemblies. The PFCS Team includes several professional construction cost estimators with more than 20 years experience each.

  6. Property Condition Report (PCR): A PCR is typically 50 or more pages and organized by building element (foundations, exterior siding, decks, roofs, electrical, site drainage, etc.). The report includes photographs, descriptions, observations and conclusions for each major element. And the Executive Summary includes explicit recommendations for managing the life of the building professionally.

Seminar or Webinar

We have a 1-hour seminar or webinar to explain the American Society for Testing and Materials (ASTM International) “Standard Guide for Property Condition Assessment” (E2018-08), which represents a universally recognized set of practices for professionally collecting and evaluating data regarding the performance of buildings.

Program Outline

  1. Introduction

  2. ASTM E2018-08 Sections

  3. Sample Work

  4. Additional Building Performance Assessment Activities

  5. Building Life-Cycle Management

  6. Deep Thoughts and Hot Buttons

  7. Conclusion & Recommendations

Property Analysis Seminar / Webinar Series

Programs in this series:

  1. Property Condition Assessment Using ASTM E2018-08

  2. Evaluating Water Leakage of Buildings Using ASTM E 2128

  3. Managing Property Maintenance, Repair and Improvement

  4. Contracts for Property Maintenance, Repair and Improvement

  5. How to Save (Your Community) A Million Bucks! Prioritizing Maintenance and Repairs on a Limited Budget

For more information or to attend an upcoming seminar/webinar call us or email us at marketing@petefowler.com.

This post was updated 8/31/2018

 

Managing Expert Work and Costs Seminar

No plan can be considered complete - or satisfactory - until it produces measurable outcomes and incorporates mechanisms that allow mid-course corrections based on results.
— Judith Rodin

Managing Expert Work and Costs was recently presented in Irvine, California to our clients for continuing education credits with the California State Bar and California Department of Insurance. We previously presented this topic in San Francisco, California and Portland, Oregon. We are also looking forward to presenting this topic in Denver, Colorado on June 30, 2011.

Construction litigation can be messy, and messy can get expensive. We have been working for years to create a system for delivering construction consulting services at the highest level of professionalism while controlling expenses. We have created a powerful system called Managing Expert Work and Costs.

Using this system combined with our 10-step Solving Building Problems Method we guarantee to get our clients through the project as quickly and efficiently as possible. We do this through carefully thought out project planning, disciplined execution of the plan, and frequent review of the “return-on-investment” (ROI) versus cost.

View a sample of the presentation materials.

For more information on seminar dates or to have this presentation delivered to your company call us or email us at marketing@petefowler.com.

 

Portfolio Management of Construction Claims

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For building industry players who are engaged in multiple construction claims (builders, general contractors, larger trade contractors, suppliers, material and product manufacturers, insurance companies, attorneys) each case can be considered a single battle in a larger war. Deciding how much to spend on each claim – each battle – is hard. How do these expensive decisions get evaluated? Although it should not be guesswork, it often is. PFCS has created a structured process for making these complicated, difficult, strategically important, return-on-investment (ROI) decisions.

PFCS will show you a method for managing your portfolio of construction claims, helping you develop a process for evaluating the costs of various scenarios in construction claim handling. At any point in any case, whether you’ve spent $1.00 or $3 million, you can ask and answer, or at least estimate, these key questions: How much has been spent so far? How much will it cost to get out now? What is a small fight worth? A big fight? What might trial costs look like, and is it worth the risk? As anyone familiar with litigation knows, each of these questions is likely to have best-likely-worst case answers.

The cheapest option is sometimes to get out of the case early, after only the most preliminary analysis. But claims run the gamut, so sometimes a long, expensive fight is the cheapest, best solution, especially if a good outcome will influence other cases.

Key System Components

  1. Claims Management Plan: Brief strategy and tactical document including written objective, executive summary, litigation budget, written agreements with attorney and other vendors, a timeline, and a Claims Plan Manager job description.

  2. Company Level Analysis: Worksheet that is a master list of all cases with best-likely-worst case scenario figures and a strategy summary for each. This includes a summary of all the individual Project Level Analysis worksheets.

  3. Project Level Analysis: Worksheets for each case including best-likely-worst case figures for Attorneys, Experts, Other and Settlement/Judgment costs at various levels of litigation including immediate settlement, a small fight, a big fight and through trial. This includes a summary of the Vendor Scope-Budget Matrix worksheets, plus a settlement hypothesis.

  4. Vendor Scope-Budget Matrix: This is an individual budget from each vendor on each project broken down to conform with the Project Level and Company Level Analysis worksheets.

  5. Meeting Agenda / Minutes: Structure for preparing for, reviewing and updating the analysis periodically.

PFCS will soon host a conversation about portfolio management where your experience, concerns and general feedback will be welcomed. Stay tuned.

If you would like a sample proposal with supporting documents call us or email Pete Fowler at pf@petefowler.com.

 

Article of the Week: Warren Buffett's Biennial Letter

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Warren Buffett is one of the richest and most famous people to have ever lived and he made the fortune himself. Buffett leads Berkshire Hathaway, a holding company that owns 76 businesses (See's Candies, Geico Insurance, Fruit of the Loom, NetJets, Pampered Chef, Johns Manville, etc.), employs more than 250,000 people and is always near the top of any Most Admired Companies list.

This simple 2-page memo dated 7/26/2010 from Buffett to the managers of the 76 businesses includes the following points that I though were interesting, considering the scope of his operations and that these are the points he sees as most critical to communicate to his organization:

  • "... to reemphasize Berkshire’s top priority... that all of us continue to zealously guard Berkshire’s reputation. We can’t be perfect but we can try to be... We can afford to lose money – even a lot of money. But we can’t afford to lose reputation – even a shred of reputation. We must continue to measure every act against not only what is legal but also what we would be happy to have written about on the front page of a national newspaper..."

  • "... your associates will say 'Everybody else is doing it.' This rationale is almost always a bad one if it is the main justification for a business action. It is totally unacceptable when evaluating a moral decision."

  • "There’s plenty of money to be made in the center of the court. If it’s questionable whether some action is close to the line, just assume it is outside and forget it."

  • "... let me know promptly if there’s any significant bad news. I can handle bad news but I don’t like to deal with it after it has festered for awhile."

  • "I need your help in respect to the question of succession. I’m not looking for any of you to retire and I hope you all live to 100. (In Charlie’s case, 110.) But just in case you don’t, please send me a letter giving your recommendation as who should take over tomorrow if you should become incapacitated overnight... Please summarize the strengths and weaknesses of your primary candidate as well as any possible alternates you may wish to include."

 

Expert Performance and Deliberate Practice

I have read numerous books and articles on the subject of teaching and learning. There are a number of books out now, notably a best seller by Malcolm Gladwell called Outliers, whose subject is human performance (he wrote Blink and The Tipping Point and all three were on best sellers lists at the same time). The research on expertise and human performance that many of these books draw upon relates to "Deliberate Practice." Attached are (1.) a short summary / update on Expert Performance and Deliberate Practice, and a 1993 scientific paper that comes up first when you Google "Deliberate Practice." There is an awesome Charlie Rose episode (12/19/08) on the subject that was half Malcolm Gladwell (https://charlierose.com/videos/24559) and half another guy name Geoff Colvin who wrote a book called "Talent Is Overrated" (https://charlierose.com/videos/12158).

Scientists have now conducted many studies and concluded that in-born talent is, at best, a VERY small component in excellent (expert) performance and all top performers in any field are those who engaged in a special kind of "effortful activities designed to optimize improvement" called Deliberate Practice for approximately 10,000 hours over the course of 10 years. The scientists and these books argue that it is this Deliberate Practice which separates the best performers from the rest, not in-born gifts. They emphasize that years-of-service is not a differentiator in excellent performance, so lots of experience is not enough to make a great performer (i.e. expert). Deliberate Practice ("activities designed, typically by a teacher, for the sole purpose of effectively improving specific aspects of an individual's performance") appears to simply involve a disciplined cycling endlessly through (1.) performance, (2.) analysis of the performance, and (3.) modification of performance with the explicit intention of improving. Important note: marathon practice sessions don’t help. Ideal session durations are often an hour or less.

Why do I care? I am trying to continuously improve my performance on several fronts: Business Executive, Manager (person-to-person), Father, Athlete, Musician, Teacher, in Personal Finance, etc... I think I can use this research to better design my "Deliberate Practice" to improve my performance in all these roles, as well as in design of teaching systems for my business.

Putting this to work: Maximize the time we spend teaching or learning by using Deliberate Practice. Use the PFCS Strategy for Training: (1.) Tell them what the task is and why it is important. (2.) Show them how to do the task, modeling exactly what the trainee will be doing. (3.) Practice: Allow the Trainee to perform the task with direct supervision and re-direction during practice. (4.) Do with Feedback: Have the Trainee perform the task independently, then receive feedback and re-direction immediately following the performance. (5.) Do with Follow-Up: Have the Trainee perform the task independently, then receive feedback and re-direction at some scheduled future date. (6.) Repeat as necessary. (7.) Mentor: Have the Trainee become a training mentor for others.

Additional Information:

 

PFCS' MAMA Meeting Management

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The Effective Executive

Excerpt from THE EFFECTIVE EXECUTIVE by Peter Drucker, Introduction, pages XXI and XXII

“Good follow-up is just as important as the meeting itself. The great master of follow up was Alfred Sloan, the most effective business executive I have ever known. Sloan… headed General Motors from the 1920s until the 1950s…” (During this time GM overtook the early leader Ford to become and remain the largest auto maker in the world until 2006).

“At the beginning of a formal meeting, Sloan announced the meeting’s purpose. He then listened. He never took notes and he rarely spoke except to clarify a confusing point. At the end he summed up, thanked the participants, and left. Then he immediately wrote a short memo addressed to one attendee of the meeting. In the note, he summarized the discussion and its conclusions and spelled out any work assignment decided upon in the meeting (including a decision to hold another meeting on the subject or to study an issue). He specified the deadline and the executive who was to be accountable for the assignment. He sent a copy of the memo to everyone who’d been present at the meeting. It was through these memos, each a small masterpiece - that Sloan made himself into an outstandingly effective executive.”

Also see: Effective meeting management by Peter Drucker.

What We Have Learned

Our business is project based and every project is unique and has a new set of challenges for each member of the team. While a comprehensive project management system is an important tool set, getting the details right from day-to-day is done person-to-person. We have a meeting management method that everyone in the company is taught. It makes meetings effective, offers a structure for delegating critical Action Steps, and has a built-in accountability mechanism. Our meeting agendas and minutes have 4 major components: Meeting information, Agenda, Minutes, and Action Steps (acronym M.A.M.A.). The heart of the system is to agree on SMART (Specific, Measurable, Assertive, Realistic, and Timed) Action Steps in Who-What-When format at the end of a meeting, and then paste those action steps into the agenda for the following meeting as Old Business to make sure that each has been completed.

Sample Meeting Agenda/Minutes

Meeting Information: Who, What, When, Where, and Why

Agenda

  1. Old / Recurring Business:

    1. A numbered list of all Action Steps from previous meetings

    2. You say: "Bob, you committed to finishing the estimate, is that done and sent?"

  2. New Business:

    1. A numbered, prioritized and organized list of all additional points that need to be discussed.

    2. The discussion can jump from item to item and out of order.

    3. Use these items as a check-list before the end of the meeting.

Minutes

  1. Make numbered notes of what was discussed and decided.

  2. These numbers don't necessarily need to correspond to the Agenda numbering.

Action Steps

  1. Each Action Step should be discrete.

  2. The SMARTer the better: Who, what, when, where, how, how much

  3. SMART: Specific. Measurable. Assertive. Realistic. Timed.

  4. These will be pasted into the next Agenda as Old Business to ensure completion.

  5. Make sure everyone knows what good performance looks like.

  6. If any Old Business item is not completed by the next meeting, then it is copied to Action Steps with an indication of the meeting when it originated. That way no incomplete Action Step gets left behind.

View MAMA Meeting Management Agenda

This post was updated 2/10/2016 and 4/1/2022

 

Managing Construction Quality

Managing Construction Quality.jpg

The Good Old Days

Successful construction projects used to go something like this: Owners would hire experienced, hardworking Architects and Engineers who developed plans and specifications that were not perfect, but good enough that experienced, hardworking General Contractors could hire experienced, hardworking Trade Contractors to do the work of making a project happen. We worked through the inherent difficulties of construction by working long hours, keeping our word and understanding that “stuff happens”. We accepted that no project was perfect, that people screw up, and knew that there was little use in crying over spilled milk. The satisfaction of a job well done carried us through the toughest days.

We didn’t spend much time telling specialists, like trade contractors, how to do their job. They had skilled tradesmen, the construction was relatively simple, and most contractors did things pretty much the same. If we had a contract, it was something the “suits” put together, and copies might not be sent to the jobsite since they had little or no connection to the “getting the job done”.

The New World

Construction professionals are living in a new world:

  • Consumers expect quality increases and price decreases in all products.

  • The building industry is not keeping pace with the quality and price advances many industries are

    making.

  • Consumers are more litigious than ever and there is a proliferation of attorneys.

  • The building industry is not attracting the best and brightest young people.

  • The built-environment has been altered in the last 20years, including increased complexity, less

    fault- tolerant materials, and tighter, slower drying buildings.

  • Consumers are more conscious of building-related health issues than ever.

  • In some areas, a lack of skilled construction labor makes the construction professional’s job even

    more critical.

Construction Management

Our company delivers training in construction management and we have categorized the phases of project planning and management in a framework we call “The DBSKCV™ (pronounced “dib-skiv”) Method.”

Summary of the DBSKCV™ Method

  • Define the Scope of Work (this includes the design phase).

  • Budget: Identify how much the project will cost the contractors and owner.

  • Schedule when the construction will happen and share this information.

  • Contract (K): Who is doing what? Everyone should know what to expect.

  • Coordinate the construction.

  • Verify, document and communicate that everyone is doing what they should.

For details, please read The DBSKCV™ Construction Management Method.

Construction Risk Management

Growing legal risks, administrative issues, sky- rocketing workers’ compensation costs, increasing fees and taxation, and complicated insurance issues are only a few of the reasons why the price of construction is higher today than ever before. Managing construction risk is a full time vocation for many professionals and beyond the scope of this article (we do training on this too).

The ABC’S of Risk Management

  • A = Avoid Potentially Dangerous Situations (Impossible in construction)

  • B = Be Really Good At What You Do

  • C = Cover Your Assets

The ABC’s apply to Managing Construction Quality because (A.) we must face the fact that “risk avoidance” as a construction professional is impossible, (B.) being good at what you do means doing all you can to make sure a project succeeds, and doing a little bit of someone else’s job will sometimes become necessary, and (C.) the best “coverage” is avoiding problems by delivering work that meets expectations. Just accept buyers expect high quality and performance, even when they pay rock-bottom prices, and lawyers expect perfection; the former is hard, but easier than the latter.

Project Definition

The “Define” phase of construction management consists of documenting the work to be performed. This is usually graphic and written with plans, specs, references to codes and standards, and detailed “Scope of Work” documents. Getting a clear, specific and detailed project scope is the first step in the construction project management process and it is where a project’s “quality” should be established.

Some Quick Definitions

  • Plans and Details: Graphic representation of construction.

  • Specifications: Specs are the written representation of construction, which usually includes a

    greater level of detail regarding construction performance, process, products, and quality.

  • Construction Contract: Agreement between two or more parties for the delivery of construction; plans and specifications are used as the definition of what is being bought and sold.

  • Standards: Documents, with graphic and written information, referenced by plans, specifications and construction contracts, which specify performance criteria and/or methods in greater detail than typical plans or specifications. Standards are created by standards setting bodies like ASTM, product manufactures, and industry trade groups.

  • Scope of Work: The written definition of what is being bought and sold. Usually articulated in writing by making a list or description of responsibilities and specific exclusions (work that is NOT included), with references to plans, specifications (prescriptive or performance based), and industry standards. I strongly prefer when the scope can be summarized in a 5-15 point list, or conform to the fundamentals of a 2 or 3 level “Work Breakdown Structure,” collectively representing 100% of the project scope.

  • Hold-Point: Critical time in the construction process where construction should stop for verification of conformance with plans, specifications, standards (including performance) and contracts. Verification can include inspection, testing, recording, and reporting.

In “the good old days” we left the details of “how to” to the trade contractors. After all, they are the specialists. But for the reasons stated above, leaving the details to trade contractors to work out among themselves has left a lot of projects in a less than enviable position: lack of integration, quality problems, re-work, leaks, lack of durability and on and on.

Owners or their representatives should no longer sign a one or two page “Proposal” from a contractor which serves as the “Scope of Work.” Such documents are not likely to contain information specific enough to ensure the scope is complete, to ensure that the parties are on the same page for quality or performance, and they lack adequate contractual protections.

Specification writers making obscure references to documents that are difficult to obtain is not new. But acquiring these documents is much easier due to the internet. It is now possible to “define” (design) our projects using readily accessible documents that we can use during the building process to make sure the on-site work is being installed and integrated correctly. This information needs to be integrated throughout the plans, specifications, standards and contracts. In practice, these documents should be created or referenced in the Define phase, referenced in the Contract phase, and used to compare the actual work in the field to the plan during Coordination and Verification.

Managing Construction Quality

There is no way to 100% guarantee project success and performance; the closest I have found is the use of a proven system.

Think of it this way: Construction plans and specifications are a hypothesis, and a hypothesis should always be verified. The hypothesis is that the designers and specialty consultants have composed a set of documents that are appropriate to build a project that will meet the performance expectations of the owners and applicable codes. The contractors on the project then work under the hypothesis that the design is functional, and that the work they do will also meet performance expectations.

Question: How do we verify our construction projects are going to perform?

Answer: (1.) During the define phase, we make sure our design hypothesis is reasonable by having someone with experience in building performance issues review, comment and recommend improvements; (2.) We make sure the plans, specifications, standards, and contracts are consistent in describing to the contractors who will install the specified material “what good performance looks like”; (3.) We establish a procedure to “verify” at specified Hold-Points during construction; (4.)During construction we inspect to verify conformance with the design (plans, specs, standards, and contracts). (5.) After the initial assemblies are installed, test them to verify performance, or build a mock-up and test it before construction (whichever is more cost effective).

Remember: We must be willing to administer consequences to project team members who don’t do what they promise. You will get resistance. If a contractor has signed a contract to perform consistent with a specified standard, it will sometimes take a strong will to make some of them perform.

ATTACHMENT: The attached Independent Quality Review spreadsheet is a matrix of optional activities one might perform or purchase from a consultant. The minimum activities required, for a third party to be of assistance in ensuring project quality, are identified; higher levels of service are like buying more insurance. Remember, this does not include doing the actual design. At a minimum, this is making sure the project definition is close to complete, and helping assure that proper installation and integration of the assemblies will lead to appropriate performance. Further work can ensure a connection between the plans, specifications, standards and contract scope of work documents.

Quality Management Plan

Here is the system, organized in the context of The DBSKCV Method. Remember, the DBSKCV Method is iterative, meaning we walk through all steps many times throughout the life of a project. We should go through the “D-B Loop” (e.g Define-Budget-Repeat) many times before moving forward.

Define

  • Architectural, Structural, and Specialty Design

  • Specification Writing

  • Referenced Standards

Quality Planning

  • Evaluation of plans and specs

  • Evaluation of referenced standards, and contract/ scope of work language review (Optional)

  • Hold Point Development and performance verification planning (Optional)

  • Mock-Up of assemblies and testing (Optional)

  • Recommendations (final) from Quality Review Consultant

  • Meetings or teleconferences between Quality Review Consultant and Owner, Designers and/or

    Contractors (Optional).

  • Review of updated design, specification, referenced standards and contracts made in response to Recommendations from Independent Quality Review Consultant (Optional).

Budget

Update as necessary throughout the process. Make active decisions about “how much insurance to buy”.

Schedule

  • Establish Hold Points

  • Be prepared to stop the project if acceptable performance cannot be achieved

Contract

Connect the Plans, Specifications, and Standards, Quality Management Plan, including Hold Points, to the Contract and Scope of Work documents so that Quality does not “cost extra” (in change orders) during construction.

Coordinate

  • Make sure prime and trade contractors know the standards they will be held to during the Verify phase.

  • Coordinate actions at Hold Points in the construction schedule to verify quality of installations.

Verify

  • Visual Inspection at Hold Points to verify conformance with project definition (plans, specs, standards and contract scope of work documents) and to evaluate any on-site changes (Optional)

  • Testing to verify performance (Optional)

  • Final Report that might include: Quality control process, design summary, evaluation process, inspection summary, testing summary and on-going maintenance recommendations (Optional)

Project Name

Independent Quality Review

 
 
 

Communicating in Writing: A Training Article


Link to PDF download Communicating in Writing: A Training Article by Peter D. Fowler (2005)

Publication date: October 3rd, 2005

Author: Pete Fowler


Outline

I. Introduction

II. What’s the Point?

III. How To Write by Meyer & Meyer

IV. Prepare

V. Draft

VI. Work

VII. Practice


Communicating in Writing

Communicating in Writing is for anyone who needs to write letters, reports, proposals or email messages in a professional way. Excellent writing can be difficult, particularly if the subject is complex or contains technical information. This program offers a step-by-step method for preparing, composing and refining written communication.

Business people judge our professionalism, competence and even our intelligence by the written documents we deliver to them. If they are organized, clear, concise, and professionally composed then they are likely to take the information more seriously than if the document is disorganized, unclear, rambling and unattractive. Excellent communication establishes a standard of professionalism that business people take seriously.

No doubt there is work involved in any form of excellence: Our method for communicating in writing will help you to eliminate duplicative steps and have you working on activities that lead directly to excellent workmanship in document planning, construction, refinement and delivery.

Pete Fowler is active as a California General Contractor, Certified Professional Cost Estimator, Certified Inspector, Construction Consultant, author and speaker regarding construction topics. Focusing on construction projects and buildings suffering distress, Mr. Fowler has analyzed damage, performed testing, specified and overseen repairs, performed repairs as a contractor and testified on a variety of construction issues.


Outline (Expanded)

I. Introduction

  • Who Are We?

  • Why Are We Here?

  • Writing Is Work

II. What’s the Point?

  • Delivering Professional Solutions

  • Communication of Complex Information

  • Forest vs. Trees / Big Picture vs. Details

  • Analogy: Internet Home Page

  • Don’t Get Lost in the Details

  • Overcome Fears

  • Make Lots of Passes

III. How To Write by Meyer & Meyer

1.0 Preparation & Organization

1.1 Choose your format

1.2 Identify your points

1.3 Collect data regarding the points

2.0 First Draft

2.1 Compose your theme (Introduction)

2.2 Draft your outline (from the points identified in 1.2)

2.3 Write first draft

3.0 Polishing (make multiple passes to improve the previous draft): be accurate, be precise, be consistent, be brief, be fair, keep a steady depth, keep a steady tone, use an established layout (corporate look & feel), and use good grammar.

IV. Prepare

  • Choose Your Format

  • Write the first pass on “Why We Are Here”

  • Brainstorm Your Points

  • Research and Compile Information

V. Draft

  • Write the Introduction

  • Outline the Complete Work from Beginning to End (A to Z)

  • Re-Organize the Outlined Information

  • Write the First Draft

VI. Work

  • Write Or Refine The Executive Summary & Introduction

  • Identify Recommendations or Action Items, If Necessary

  • Read the First Draft Completely Through and Update (Create Draft #2)

  • Read Draft #2 and Update (Create Draft #3)

  • Have Someone Else Read Draft #3 and Ask Questions

  • Repeat the Reading and Updating As Necessary

  • Deliver: Media? Who Gets It? How Do You Confirm and Document Delivery?

VII. Practice

A. Prepare

B. Draft

C. Work


I. Introduction

Who Are We?

Pete Fowler Construction Services, Inc. (PFCS) is a professional construction services provider. We deliver professional solutions for building problems. Our services include expert construction consulting, inspection and testing, estimating, management, training, and testimony. Our team of construction professionals uses our unique, proven systems to deliver the most accurate and comprehensive solutions to best serve the interests of our clients, while maintaining our unwavering professional integrity. PFCS often serves as the interpreter of technical data related to buildings and the processes of construction. We create information that technical and non-technical professionals can understand and use to make informed, intelligent decisions.

PFCS is very special: There are few companies that can solve the problems we solve at a reasonable price. Continuously improving service delivery is being infused into the company DNA, and every important activity (i.e. business process) is being documented in our company organizational system.

Why Are We Here?

We are in the communication business. As already stated, “We create information that technical and non-technical professionals can understand and use to make informed, intelligent decisions.” This means taking a complex data set, organizing and analyzing it to create information, and finally summarizing the information in a way that non-technical people can understand and use.

We are here to learn to communicate in writing. Writing can be learned. If we are “knowledge workers” or professionals in any field, bad writing is “bad workmanship”. A professional who cannot communicate well in writing, is like a carpenter who cannot cut straight. On the other hand, you can make up for many shortcomings by consistently working through the process of writing until your written documents are excellent. If you deliver excellent written work consistently, you are more likely to be regarded highly in your field.

Writing Is Work

Naturally, if you are writing a one-page document, the steps to completion will go quickly. But remember, they are always the same steps.

If you like working toward the creation of excellence and elegance, then you will like the writing process (eventually). If you don’t, then you won’t. Writing well in business is not a matter of artistry; it is a matter of skill. Skills are won through practice. I don’t know of any other way to develop a skill. The first time you compose an excellent piece of writing it will take you 5 to 10 times longer than “normal”. The second time it will take you 2 to 5 times longer. The third time it will take twice as long. Some time between the fourth and 50th time you compose an excellent piece of writing it will take you the “normal” amount of time. This is how life works. If you don’t like the idea that practice makes perfect, take a number. We are all frustrated by it, but once you are past the learning phase, your capacity as a professional will have been elevated into another league.


II. What’s the Point?

Delivering Professional Solutions

Solutions: A “solution” is a process that can move a situation from an undesirable state to the best available alternative. Merriam-Webster defines solution as: 1: an action or process of solving a problem; 2: an answer to a problem; 3: a set of values of the variables that satisfies an equation; 4: a disentanglement of any intricate problem. We need to decide the scope of the solution we will be addressing in each of our pieces of written work.

Professional: Professionalism is the effective, proficient and courteous handling of the activities involved in your work. Merriam-Webster defines professionalism as: “Exhibiting a courteous, conscientious, and generally businesslike manner in the workplace.” We need to decide what about our written work will be required to consider it “professional”. In their book How To Write, Meyer and Meyer suggest: be accurate, be precise, be consistent, be brief, be fair, keep a steady depth, keep a steady tone, use an established layout (PFCS corporate look & feel), and use good grammar. I agree with the Meyer’s sentiments completely.

Delivering: We need to think of the term “deliver” in 2 distinct ways: (1.) physical “Deliverables” such as documents, e-mail messages, spreadsheets, plans, Power Point Presentations, etc… and (2.) the style of our “Delivery”. In this training session we are dealing with both the creation of a “Deliverable” document, and the style of “delivery” that will give the recipient cause to hold you and your work in high esteem. We need to decide what our delivery of these deliverables is going to say about us, about our competence, our work ethic and our dedication to excellence.

Communication of Complex Information

Remember that any complex or voluminous set of information (including the American Civil War) can be presented in various forms and lengths:

  • The Civil War can be described (summarized) in 1 paragraph. For example (113 words):

    The U.S. was founded in 1776 and was divided socially and economically in the years prior to Abraham Lincoln’s 1860 presidential victory, particularly by the issue of slavery that was practiced in the agricultural Southern states but not in the industrialized Northern states. Early in 1861 the South separated from the Union, set up a government, Lincoln was inaugurated as President, and hostilities broke out, as the North was determined to hold the Union together at any cost. By the end of 1865 the South had surrendered and slavery was abolished by the 13th amendment to the US Constitution. The combined death toll was grater than 500,000 and over 400,000 troops were wounded.

  • The Civil War can be described in an article.

  • The Civil War can be depicted in a 2-hour movie (there are many).

  • The Civil War can be depicted in a multi-episode documentary (on PBS and others)

  • The Civil War can be depicted in a book (there are many).

  • The Civil War can be depicted in a series of books (there are many).

  • The Civil War can be studied as a life-long pursuit (there are many scholars).

When communicating complicated subject matter, remember: If you can’t summarize your point in a paragraph or two, then you have not worked hard enough on it. When a subject large enough to fill a lifetime of study can be summarized into one paragraph, any thing can. I don’t mean to suggest that a tremendous amount of detail can be transmitted in a paragraph; but the mind of a layperson needs constant orientation. By summarizing your material for orientation, then diving into the supporting details as necessary, you will more effectively communicate.

Forest vs. Trees / Big Picture vs. Details

The trees are only important in the discussion when we understand what forest we are in. Don’t talk about trees until you have told the reader what forest you are in. This is a big problem that causes a lot of problems.

Both the big picture and the details are important. We each need to recognize which we grasp and communicate better. Some people are naturally oriented to big picture concepts and some dig into details. Whichever you are, a big picture or details person, you will need to address the one you are weak at. If you do, your written communications are much more likely to be universally accepted as excellent work. Don’t forget this, and don’t forget where your strengths are so you can address your weakness.

Analogy: Internet Home Page

Think of an elegantly designed internet home page. It is easy to understand the scope of the entire site from a good home page. You can understand the navigational scheme when they are well designed. Information is organized logically and when you click around you find what you would expect to find. A good document covering a complex subject will operate much the same way. You need to be concise enough to get your point across, but also support your conclusions with evidence and references to further information, if necessary.

Don’t Get Lost in the Details

Getting lost in the details is a horrible sin. It wastes your time, and worse, it wastes the time of the reader.

Overcome Fears

Many of us are afraid to do things badly. I admit it; I don’t like it when I am not good at some thing. Excellent writing ability, as we have said, is a skill that comes with practice. Good writers do a lot of writing.

Using this step-by-step process will help. Do not try to short-cut the process by writing in one pass. Writing that will make you stand out as a top-notch professional will take time and energy, but you will succeed. Let your steps be small ones and celebrate when you get to each of the milestones. If you are working on a computer, consider printing drafts at key milestones and savoring the victory of completing these steps.

Make Lots of Passes

As you will see in the step-by-step list of activities below, excellent writing requires work. This work must be made in passes. Run through the entirety of the work from A through Z many times. This is in contrast to the philosophy of spending the time in trying to make some thing perfect on the first pass. It is my hard-won experience that trying to make it right on the first pass gets you “lost in the forest”, because you are concentrating on “trees” rather than the big picture. Passing across the work from A to Z as rapidly as possible ensures that you always have perspective on the entire body of the work.


III. How To Write by Meyer & Meyer

1.0 Preparation & Organization

1.1 Choose your format

1.2 Identify your points

1.3 Collect data regarding the points

2.0 First Draft

2.1 Compose your theme (Introduction)

2.2 Draft your outline (from the points identified in 1.2)

2.3 Write first draft

3.0 Polishing (make multiple passes to improve the previous draft)

3.1 Be accurate

3.2 Be precise

3.3 Be consistent

3.4 Be brief

3.5 Be Fair

3.6 Keep a steady depth

3.7 Keep a steady tone

3.8 Use an established layout (corporate look & feel)

3.9 Use good grammar

This is a great book. It is available from Amazon for less than $10.00.

Summary: Writing is critical. Writing is a process. The writing process is always the same 3 steps (organize, draft, polish). Don’t try to do step 2 until you have completed step 1. Some of the steps in writing involve not writing. Figuring out the theme (in a few short sentences) is a critical step and might require some time. Writing takes tenacity. We are entitled to our own opinions but not our own facts. Be clear and concise and cut unnecessary stuff. Use an established layout. Read the work out loud to check for grammar. If there is time, always review the work one more time. Communicating your intended meaning to the reader is the most important thing.


IV. Prepare

Choose Your Format

Most business related writing should rely on a standard format. Our company has a “corporate look & feel” for all document types, including reports, proposals, letters, faxes, and e-mail messages, to which we adhere. All written documents can all be formatted according to some standard; I recommend you establish a standard and stick with it.

Make sure you use headings, sub-headings, numbered lists, bullet-point lists, bold letters and other identifiers to aid the reader in breaking up a longer work into bite size chunks.

For PFCS, there is no reason to reinvent a format. For each of our services we have a standard set of example “deliverables” to choose from as a format. These Include:

  • CC: Report, Summary of Issues, Opinion Letter

  • PA: Residential Property Assessment, Commercial Property Assessment, Testing Summary and Analysis

  • CE: Preliminary Estimate (Plaintiff by Residence), Preliminary Estimate (Defense by Issue), New Construction (by CSI), Budget, Budget / Payment Application

  • CM: Proposal for CM Services, Letters, Prime Contracts, Subcontracts, RFI, Meeting Notes

  • TE: Presentation Materials

  • EW: Opinion Letter

Write the first pass on “Why We Are Here”

This is like the “Vision Statement” in project planning. It might be one sentence or it might take a paragraph. Remember, if you would like the audience to take some action, be sure it is clear what your recommendations are.

For example:

  • This report will (1.) give a basic description of the property, (2.) list the problems identified by the owner and those we found during our 1-day of inspection, and (3.) outline the steps we feel need to be taken to resolve the problems.

  • This correspondence is to explain our position related to the denial of the request for payment by the roofing contractor, due to components having been defectively installed, and the steps required for the roofer to receive complete final payment.

  • This memo is a response to a letter from the owner alleging project delays, identifying additional expenses, and assigning 100% of the blame to the contractor. The correspondence will include two step-by-step scenarios for project close-out.

  • This e-mail message serves as a request for proposal (RFP) to a drywall contractor for a new single-family home construction and will identify the location, basic scope of work, exclusions, insurance requirements, and payment information. In addition, I will include our contact information and information for how plans can be procured.

Once this activity is complete, you can judge the content of your writing to ensure it is supporting the purpose of the work.

Brainstorm Your Points

What are the key points you want to make? This is not the time to make detailed supporting documentation of each point, so don’t let yourself get too detail oriented here.

For example, the points for the first bullet point in the list above might be:

  • Property Description: Single Family Residence in San Juan Capistrano

  • Problems: Leaking Doors (2 sets), Leaking Roof (3 locations), Damaged Flooring (2 locations), electrical problems (3 locations), water in fireplace during storm, etc…

  • Steps to Resolution: Testing, report, Scope of Work, budget, RFP, contract, perform repairs, test repairs.

Research and Compile Information

This is where you hit the phones, the internet, the books, your colleagues, or any other source of information necessary to get your thoughts together.

Examples of research in our current sample situation might be to compile some articles on weather-stripping and painting for the deteriorated French doors, and flush-mounted vinyl sliding glass doors for the leakage at the sliding doors upstairs.


V. Draft

Write the Introduction

This is where you finally get to do some writing. Review the following example:

The property involved is a single-family semi-custom residence constructed in approximately 1980 and located at the above noted address in San Juan Capistrano, CA. The home is now owner-occupied. The current owners purchased the residence in November 1998, did not have a residential home inspection performed, do not know the circumstances of original construction, nor do they possess construction drawings from the time of construction. AsBuilt drawings are available in various formats (including PDF).

PFCS has had one on-site meeting with the owner and performed a visual inspection 1/10/05. We were contacted due to leakage and site ponding, caused by the recent rains, to perform a visual only inspection, interview the owners, compose a summary of our observations and deliver recommendations to repair problems with the property.

This is where you want to include the “who, what, where, when, and why” of the current situation. Any basic information that is left out here can cause the reader confusion.

Here is another example:

We are requesting proposals for performance of all drywall (gypsum wallboard) work on a new single-family semi-custom home in San Clemente, CA. The proposal needs to include all drywall work for a complete job, with a smooth coat finish achieving the highest standards (GA-214-96 Level 5) for quality as specified by the Gypsum Association (www.gypsum.org/download.html). Payments will be distributed every other week on standard payment application forms. $500,000 Commercial General Liability (CGL) insurance policy and references required to bid. Plans can be viewed at 927 Calle Negocio, Suite G, San Clemente, CA 92673. Telephone 949-240-9971.

Before writing any further, now figure out the complete contents of your document. Keep in mind the introduction that you just wrote, as well as the “Why Are We Here” section.

For example:

  • Executive Summary

  • Introduction / Why Are We Here?

    • Called by owner

    • Investigate water intrusion and ponding

    • Offer recommendations

  • Property Description

    • Single Family Residence

    • In San Juan Capistrano

    • Constructed approximately 1980

    • Approximately 3,200 square feet

    • Slab on grade construction

    • Wood frame, siding & stucco,

    • Aluminum windows except 2 vinyl replacement windows at 2nd floor master bedroom

    • Wood shake steep slope on front and cap sheet low slope roof at back

  • Problems

    • Leaking Doors (1 set and one slider)

    • Deteriorated Doors (2 sets)

    • Leaking Roof (3 locations)

    • Damaged Flooring (2 locations)

    • Electrical problems (3 locations)

    • Water in fireplace during storm

    • Drainage problems (4 locations)

    • Clogged sub-grade drain system

  • Steps to Resolution

    • Testing

    • Report

    • Scope of Work

    • Budget

    • RFPs

    • Contract

    • Perform repairs

    • Test repairs

Re-Organize the Outlined Information

This is a key activity. Beyond this point, structural changes get complicated. You might want to print the document and take a red pen to it. You might want to review it with some one to make sure the information flows as you would like it; you may be surprised at what comes out of your mouth when trying to tell the story from the first pass of your outline.

Write the First Draft

This is where the work begins; and it should go fast, considering all of the work you have done to prepare.

This is where people who don’t write so well begin. Don’t follow their bad example.

When you are done, you might consider printing and reviewing the document with a red pen in hand.

If the document is large and complex, you will probably want to make this first draft what I call the “Stream of Consciousness” pass. In this draft do not try to put any REALLY detailed information. Don’t stop typing until all of the information that is in your mind has been typed onto the pages of the report. The next pass can be the one where the calculations and detailed information is updated.


VI. Work

Write or Refine the Executive Summary & Introduction

What are the important points of your work? And don’t say “all of them”. Remember back to the American Civil War discussion; some people want or need a brief synopsis – so give it to them. If the document is only a couple of pages long, then this can be omitted, but if it gets beyond 4 pages, then you definitely need an Executive Summary, or some section which serves the same purpose at or near the top of the document.

Identify Recommendations or Action Items, If Necessary

If you want action, you have to ask. If some of the actions in the recommendations section are required by you or your organization, make sure that you do them.

Read the First Draft Completely Through and Update (Create Draft #2)

I usually print mine and go through them with a red pen. It is usually a blood bath. This is the activity that separates lucid and effective writers from the rest of the pack.

Read Draft #2 and Update (Create Draft #3)

Again, I usually print mine and go through them with a red pen. This time, there is more satisfaction because I am just polishing. The document starts to look very professional.

Have Someone Else Read Draft #3 and Ask Questions

This is a luxury, of course. But, if this document is important, it is worth the work.

Repeat the Reading and Updating As Necessary

This is going the extra mile. When it counts, do it.

Deliver: Media? Who Gets It? How Do You Confirm and Document Delivery?

How are you going to send this? I hate to see beautiful documents or reports that contain photographs sent via facsimile. They look worse for the wear, when we now usually have the option of printing them to an electronic format like PDF (portable document format) and sending them electronically via e-mail.

In our office it is critical that all written communication that comes in or leaves the office is documented in the project file. We need to know who created it, when it went out, who it went to, and sometimes we need to confirm receipt. There are lots of ways to do this, but making sure it gets done can be crucial.


VII. Practice

A. Prepare

  • Choose Your Format

  • Write the first pass on “Why We Are Here”

  • Brainstorm Your Points

  • Research and Compile Information

B. Draft

  • Write the Introduction

  • Outline the Complete Work from Beginning to End (A to Z)

  • Re-Organize the Outlined Information

  • Write the First Draft

C. Work

  • Write Or Refine The Executive Summary & Introduction

  • Identify Recommendations or Action Items, If Necessary

  • Read the First Draft Completely Through and Update (Create Draft #2)

  • Read Draft #2 and Update (Create Draft #3)

  • Have Someone Else Read Draft #3 and Ask Questions

  • Repeat the Reading and Updating As Necessary

  • Deliver: Media? Who Gets It? How Do You Confirm and Document Delivery?


Back-Up / References / Sources of Information

  1. VII. Practice - Blank page 1: Prepare

  2. VII. Practice - Blank page 2: Draft

  3. VII. Practice - Blank page 3: Outline

  4. VII. Practice - Blank page 4: First Draft

  5. VII. Practice - Blank page 5: Refine

  6. How To Write by Meyer & Meyer www.amazon.com

  7. We Shall Not Fail: Chapter 3 by Sandys & Littman

  8. Introduction to Business Communications – 1 Hour Video DVD in physical library

  9. PFCS Presentation Development Method Library under Training & Education

  10. 5C 04-12-21 Cost Review.pdf PFCS Project File (Wakeham 04-157)

  11. 5E Executive Summary 03-03-28.pdf PFCS Project File (Geller 01-164)

  12. 5C Report of Testing Results 04-06-10.pdf 00-000 Sample Property Project PA

  13. 11 1A 03-12-09 L to ATY RE Investigation.pdf 00-000 Sample Consulting Project CC

  14. 11 1A 03-10-14 L to ATY re Observations.doc 00-000 Sample Consulting Project CC

  15. 03 1A 03-09-10 L to ATY RE Investigation Proposal.doc 00-000 Sample Consulting Project CC