Best Practices Construction Law : Construction Lawyer & Attorney : Matthew DeVries : Stites & Harbison Law Firm : Green Building & LEED Litigation

I write this post from a hospital bedside.  My wife has been through a whirlwind of surgeries the past week and we are still adjusting to some complications. 

As we sat talking last night, my wife reminded me of a recent fortune cookie: "Today is the tomorrow that you worried about yesterday."  With some major "wait" time, I thought about what I had to do to prepare for the surgery and the possible problems. Here are a few tips to help you plan for your time away from the office, whether for a vacation, work trip or even a medical emergency:

1. Whenever possible, "plan ahead" and schedule your days away.  The real point here is to actually "plan" you time away from the office.  When you are talking about a vacation, mark the time off on your calendar, even if you are staying in the area.  While this may be harder for emergencies or minor trips away, you can at least plan that you will be out a certain number of days following the event.
2. Tell your clients and customers about your time away.  Whether you are an attorney, a business executive, an architect or project manager, you should tell your closest relationships about your expected absence.  Even if you don't have time, make sure you set up your email to send an automated message about your time away from the office, informing them of the date you are expected to get back and giving them an emergency contact number.
3. Schedule your "away" work and deadlines before you leave.  If you find that you have a project deadline that occurs while you are away, either finish the project, assign it to your closest ally, or get an extended deadline ... all before you leave.  If you plan to work while away (which I would not advised while on vacation), then prepare folders for each individual task.  That way, you can grab a folder if you have a spare couple of hours to work, whether on a plane or in a waiting room.
4. Find access to wi-fi.  Most hotels, vacation hot spots, and even hospitals have access to wi-fi.  But you should make sure ahead of time.  If you cannot find wi-fi access, there are numerous applications that can turn your mobile phone into a modem for your laptop. 
5. Pick an ally in the office to help you during your absence. It is important to have a strong network of co-workers in your office. Although your customers or clients will be aware that you are unavailable (or have limited availability) while you are away, there are situations where emergencies may occur. In such a case, prepare a trust-worthy co-worker to help you while you are away, whether it involves your regular work tasks or things that need to be done on an emergency basis.

Question: Do you have any "away from the office" tips?

Image: Melissa Venable

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Last week, I came home to a fresh layer of asphalt throughout our development.  Smooth. Warm. Black.  It looked great!  Then my kids ... 5 out of 6 of them ... pulled out the chalk and began destroying this perfect surface. 

Since their daddy represents road builders, they even created their own lanes of traffic.  I am sure they did not get any environmental impact studies.  Nor did they properly carry out lane closures.  (...amateurs...)

My immediate reaction was to get mad ... They were playing in the street! They were ruining perfectly good asphalt.  But then the quiet voice reassured me.  They are kids ... and they are going to be alright.  

Do you get stressed by juggling professional demands and family life?  Here are some reasons why you should let your kids plays on new asphalt:

• Let your kids be kids.  Too often, I confuse "good behavior" with "good character."  I think my job as a parent is to instill good character, which naturally should result in good behavior. Right?  But when my focus is on their actions, rather than their heart, I become rule-driven.  Wake up, Matt, they are kids.  Let them play!  That's what new asphalt is for ... bright colored chalk!
• Let yourself be a kid.  My job as parent does not end with allowing my kids to play, though.  I need to play with them.  In this instance, I flopped down on the new, black street and began drawing.  The giggles of the little ones at my side, laughing at my "less than perfect" stick figure was all I needed.  This was fun.  
• Live one life.  Most of my hurdles over the past ten years have stemmed from that fact that I tried to compartmentalize every aspect of my daily life (i.e., work, health, family, friendships, etc). Each had their own little box. Until I came to the realization that there is only room for one life, there was conflict.  I suspect that you will experience the same.  That means, if you are a passionate executive, then take that passion home to your family.  If you work great with your kids, then work great with your staff and employees.

Are you juggling work and family and community?  What tips can you share about finding the right balance?

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I realize that many different types of people read this blog: contractors, architects, consultants, homeowners, lawyers ... and the list goes on.  Despite our differences in vocation or industry, I think we all have a few things in common: (1) we all will face adversity in our lives; (2) we all have desire to be better than we actually are; and (3) we all have the ability to improve.  Do you agree?

Former construction attorney and current coach to lawyers, Cordell Parvin, has challenged me over the past few months in my professional and personal development.  At Cordell's pushing, I drafted an article on my first ten years of practice that was published by The Practical Lawyer.  Although the "lessons learned" relate to my development as a lawyer, there are certainly some life lessons for contractors and other executives.

Years before my first law class, I thought I was ready to practice law.  At the time, I was already working as a law clerk at a personal injury firm.  My job entailed interviewing witnesses, preparing and responding to discovery requests, and drafting legal memos and briefs.  Among these tasks, I enjoyed legal writing the most.  In fact, I had drafted trial court briefs, administrative agency statements, state and federal appeals, and even a writ of certiorari to "the Supremes" in Washington.  Based upon all this work, I was confident about my preparation for the practice of law.  However, a few stumbling blocks remained in my way to becoming a successful attorney, including a bar exam, many non-billable articles and conferences, hundreds of soiled diapers, and tens of thousands of dollars in debt.  Click here to continue reading this article in its entirety.

Image: Kim Vetter Photography

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If you've read a newspaper, scrolled through a blog, or watched the television over the past 48 hours, you should know about the miracle story of Ted Williams.  Dubbed "the homeless man with a velvety voice," Williams was discovered on the streets of Ohio looking for work.  Already he has received some lucrative offers.

As of this morning, Williams recorded his first commercial voice-over with Kraft Foods and he has been offered a job by the NBA's Cleveland Cavaliers.  His golden voice is being pursued by NFL Films and others for possible work.

What can you learn from this streets-to-stardom story?  First, I will admit it ... I am a sap.  As I watched the interview on the Today Show with Williams and his 90-year-old mother, my eyes welled up.  What a reunion!  Then my wife walked into the room, saw my red eyes, and I told her the truth:  "Man, my allergies are really acting up this morning!"

All kidding aside, one of the greatest lessons for executives is to embrace a sense of urgency in your business development efforts.  As reported by the Tennessean, the Cavaliers did not know much about Williams, but they were moved by his ordeal.  "When you know something's right, you just have to launch,"  Cavalier's marketing executive Tracy Marek said. "One of the big things that we talk about here, with our organization, is how important urgency is — when you see something that feels good and seems right."

Times are difficult in this economy.  The construction industry continues to see very slow growth.  It's important to trust your instincts, try new approaches, and use the tools available to you to increase business.  Perhaps your next project is right around the corner if you are willing to embrace urgency and explore new opportunities.

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Earlier today, outgoing Governor Phil Bredesen spoke at the final 2010 membership lunch of the Exchange Club of Nashville.  Bredesen addressed numerous successes over the past eight years as governor, including conservation efforts to set aside 350,000 acres of land in Tennessee, economic development opportunities such as landing a new Volkswagen plant in Chattanooga, and his work to push solar and other alternative energy sources.

Aside from the Governor's political ponderings, I took away a few "lessons learned" from the leadership style of this man who served eight years as Mayor of Nashville and eight years as Governor of Tennessee.   Whether you have to get along with a few development partners chasing a new alternative energy idea ... whether you lead a crew of 10 masonry contractors complying with the new drug safety provisions .. or whether you manage a couple thousand employees worldwide in implementing a new information technology system, here are a few leadership lessons that I picked up from the Governor:

• Increase expectations.  As a political leader, Bredesen wanted to leave office with the citizens of the state having a better expectation of government and its leaders than when he entered office.  As a business leader, you should want to raise the expectations of your partners, management and employees.  You should instill the sense of "possibility" in that financial success can be achieved, even in hard times. 
• Pick to succeed in few areas.  For Bredesen, this meant concentrating on a few areas for the success of the state ... and then doing that work "really well."  In the construction world, it could be an active decision to improve project administration and documentation in the new year.  For the developer, it could be chasing one particular investment really hard, as opposed to a few potential opportunities with less vigor. Whatever your industry, pick a few areas for success, work hard, succeed, and then expand your focus.
• Lead from the center.  Bredesen spoke about the challenge of the election process. "Elections are fun," he said. "But, in this democracy, you have to eventually push aside the campaign signs." Bredesen concluded that the real trick in leadership is not how to win the election, but how you find common ground to solve problems after the election.  Today's business leaders need to do the same.

Governor Bredesen said is working closely with Governor-elect Bill Haslam, who will take office in the new year.

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As I blogged on Wednesday, I am speaking at two state construction law conferences in other jurisdictions this week: Texas and North Carolina.  Three different people asked me why I would speak to other lawyer groups who practice in other states.  Good question!

Here are a few reasons for stepping up to the mic in other states:

1. To meet people.  Business development is about getting out and talking to others and I genuinely like meeting and talking to people. But it is more than that ... as a lawyer, I may have a client that needs assistance in Texas or North Carolina.  This week, I ate, drank and was merry with a number of construction attorneys who I would not hesitate contacting to act a local counsel if needs arises.  
2. To improve trial skills.  I cannot overlook the fact that every time I speak to a group (no matter the topic) I am practicing and improving upon one of the primary skills needed to be a successful litigator... public speaking.  Indeed, all of the skilled litigators I've met have been great public speakers, whether their audience was a judge, an arbitrator, a jury or even opposing counsel.
3. To gain knowledge.  This week has presented me with an opportunity to learn about the various and new construction laws in other states. For example, at one conference I learned that in 2009 North Carolina passed its own False Claims Act, which dramatically affects public contracting in the state.  At the other conference, I learned that Texas has a residential construction liability statute that can substantially limit a contractor's liability if they make a reasonable offer to cure the defects. The point here is ... as a construction lawyer ... I want to gain as much practical information I can about my industry, whether within my own jurisdiction or in others.
   

There's a lesson to be learned here for construction executives and business developers:  The dynamics of the construction industry have rapidly changed to require a multi-state or national approach to business.  One of the hot topics at dinner last night (...other than the war stories of depositions gone wild ...) was the increase of joint venture and teaming agreements to pursue work in states all across the country.  More and more you are seeing larger companies teaming with local companies to pursue the state or local work.  It will benefit your business if you get out of your comfort zone to start exploring opportunities in other areas.

Image: bionicteaching on Flickr

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Last week, I attended the Nashville Chamber of Commerce CEO Speaker Series featuring Colin Reed, Chairman and CEO of Gaylord Entertainment.  Reed is a very good speaker and he spent the morning with an audience of 200 sharing some lessons he learned following the flood in Nashville in May 2010.  If you have not seen the pictures of the water that overtook the Gaylord Opryland hotel, then click here.

Reed did not show up last week to tout his leadership abilities.  But if you listened carefully, you learned a few lessons in leadership when faced with an emergency.  These include:

• The time for creating an emergency plan is not during the emergency.  There are going to be obvious and not-so-obvious things to do before an emergency occurs.  One of the most obvious preparations that can be done is to prepare an emergency manual that outlines the potential "events" and "responses."   As a developer or contractor, you can prepare a manual that outlines how your company and employees should respond to a work site accident involving a fatality, or unusually severe weather, or other "unexpected" event.
• Build the "right" culture of leaders, management and employees.  For Reed, this meant being purposeful in getting "the right people on the bus" or finding competent leadership.  It also meant creating an environment where the workforce loves their work and the customers they serve!  Just like the hotel industry is based upon customer service and satisfaction, so too is your construction company, property management group, or banking institution.
• Communication has to be direct and honest during an emergency.  Reed and his staff learned that some of the information being reported about the status of the flood was flawed.  In one communication, he heard that the river was rising and that they had problems.  In another communication, he heard that water levels had ceased and he did not have to worry.  The lesson for Reed: "You cannot rely 100% on the information given to you."  But the lesson was also equally clear that the information that his company had to report needed to be direct and honest in all respects.  Some of the guests were not happy to have been evacuated late in the evening on Sunday night. When Gaylord reported that the hotel lobby was six feet underwater, Reed said, "You could have heard a pin drop.  It was at that moment these customers realized that this was, indeed, really serious."  
• Out of chaos comes opportunity.  This was perhaps Reed's best advice, commenting: "We are a better company because of what we went through."  The chaos of the flood and the more than $20 million in renovations have given Gaylord an opportunity to be a stronger and more successful company.  Although more than 1,700 employees were laid off, it gave Reed and his leadership an opportunity to do the right thing by offering severance pay and three months of health care.  Many of those employees look forward to the coming months as the company begins to rehire up to 80% of its former employees.

Reed concluded that if Gaylord didn’t have the right plans, adequate resources and amazing people during this crises, things would have been wholly different.  Gaylord intends to spend millions to celebrate its re-opening in style in November.

Image: mas90guru

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Many of you know that I was out of the office last week as my wife and I welcomed our sixth child into the world.  Mia Hadley DeVries was born on June 29, 2010, weighing in at 6 pounds, 4 ounces, and 19.5 inches long.  Yes, I just said that we have six children!!!  You can breath now.

Since we are pros at this delivery thing, I thought about what I had to do to prepare for this wondrous event.  Here are a few tips to help you plan for your time away from the office, whether for a vacation, adult time-out, or new addition to the family:

1. Plan ahead and schedule your days away.  The real point here is to actually "plan" you time away from the office.  When you are talking about a vacation, mark the time off on your calendar, even if you are staying in the area.  While this may be harder for a new birth in the family, you can at least plan that you will be out a certain number of days following the event.
2. Tell your clients and customers in advance and by email.  Whether you are an attorney, a business executive, an architect or project manager, you should tell your closest relationships about your expected absence.  Even if you don't have time, make sure you set up your email to send an automated message about your time away from the office, informing them of the date you are expected to get back and giving them an emergency contact number.
3. Schedule your "away" work and deadlines before you leave.  If you find that you have a project deadline that occurs while you are away, either finish the project, assign it to your closest ally, or get an extended deadline ... all before you leave.  If you plan to work while away (which I would not advised while on vacation), then prepare folders for each individual task.  That way, you can grab a folder if you have a spare couple of hours to work, whether on a plane or in a waiting room.
4. Find access to wi-fi.  Most hotels, vacation hot spots, and even hospitals have access to wi-fi.  But you should make sure ahead of time.  If you cannot find wi-fi access, there are numerous applications that can turn your mobile phone into a modem for your laptop. 
5. Pick an ally in the office to help you during your absence. It is important to have a strong network of co-workers in your office. Although your customers or clients will be aware that you are unavailable (or have limited availability) while you are away, there are situations where emergencies may occur. In such a case, prepare a trust-worthy co-worker to help you while you are away, whether it involves your regular work tasks or things that need to be done on an emergency basis.

Question: Do you have any "away from the office" tips?

Images: Kim Vetter Photography

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Last week I attended Chick-Fil-A's Leadercast, which included some of today's greatest leaders such as Tony Dungy, John Maxwell, Ed Bastien and Dr. Ben Carson.  The Leadercast is about developing leaders at all levels, positions and stages.

Whether you are working with 1000s of employees, 100s of clients, 10 project managers, or 1 other individual ... whether you are the CEO, the division head, or the project superintendent ... you can benefit from some of these great tips:

1. Good leaders treat people as a "work in progress" rather than a "work already completed." Mark Sanborn, Best-selling author of The Fred Factor.  If you understand someone's personal story, you can better understand their professional success (or failure).  As a leader, you should be concerned about making the "stories" of your colleagues and employees better.  According to Sanborn, leaders don't tell a better story, they help make better stories.
2. Good leaders are determined. Tony Dungy, retired head coach for the Indianapolis Colts.  People struggle before they make progress and, therefore, you have to teach perseverance, incremental progress.  "One year we lost 10 games and were not showing improvement on the scoreboard," Dungy said, "but we were getting better each week. We had to focus team on the small incremental improvements."  Leaders are determined. 
3. Good leaders connect with people. John Maxwell, leadership expert and author of best-selling The 21 Irrefutable Laws of Leadership.  Maxwell joked about leadership failures: "If you turn around and nobody is following you, then you are not leading ... you are on a walk."  The key is to connect with your colleagues, clients, and employees.  It's all about helping others: If you help them get what they want or need, then they will help you get what you want or need.

In so many different ways, I am called to be a leader ... to my wife, to my kids, to my community, to my colleagues and to my clients.  Are you doing all that you can to be a leader?

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