Wednesday, June 22, 2011

Exit Planning and Business Cycles



One of the greatest challenges for investors is knowing when to sell their stock.  This is no different when it comes to selling stock in the company you’ve owned and operated a significant part of your life.  Generally, it is better to sell your stock when times are good.  The challenge here is that when times are good and you are making money, you are feeling good and less inclined to sell.

Construction is no different than most sectors in that it is cyclical.  If we look back over the last 20 years, we can recall tough times in the early to mid 1990s followed by improvement.  There was a relatively short, perhaps 18 month decline post 9/11/01 followed by some very good years.  These last few years have obviously been some of the toughest any of us have ever known in business.  Many Americans have lost a fair amount of net worth while corporate balance sheets have also taken their lumps.  Chances are great that the valuation of your construction company is less than it was 3 to 5 years ago.  There are also fewer buyers today with less credit available to make such purchases.

Planning for both good and bad times is best done when we aren’t being reactionary.  This process produces the greatest results when emotion is taken out of the equation and we aren’t faced with putting out fires.  Back in September 2008 I wrote “Planning for Bad Business Climates”.  If you plan on still operating your business for the foreseeable future and have no plans to sell in the next few years, I strongly recommend you read that article and create such a plan and put it in the top drawer of your desk for when the next downturn occurs.  Going through the headaches we’ve experienced these last few years, it is clear why having such a plan in place makes great sense.  Similarly, you must also have a plan for exiting your business.  You may have no interest in exiting in the next 10 or so years.  If that’s the case, having the exit strategy in place today isn’t quite as urgent.  I will suggest that if you are in your late 40s or older, you must ask yourself this question “Am I willing to go through another significant downturn in the economy and spend the time and energy to rebuild it again?”  If you answered "Yes!" that's great and you've had the experiences of going through downturns before including this major one.  Experience is always good and generally aids in yielding better results in the future under similar conditions.  However, if you answered “No!”, you must either begin, or continue, to develop your exit strategy.  If you are looking to exit your business on your own terms, at a time determined by you within the next 5 to 10 years, there is much you will need to consider and have in place in order to successfully exit and have your business maintain its value and perpetuate.

There are a number of different avenues one can take in terms of exiting their business and extracting the value created.  The owner can sell to an outside third party, sell/transfer to key internal people/family members over time or in one transaction, form an ESOP, etc. (see Is an ESOP Right for Your Company).  There are many good options out there and should be evaluated to determine the best pathway dependent on the specific circumstances.  Regardless of which path is chosen, one important aspect is People Development within the organization.  The contractor must have people to fill the leadership positions within the company after the owner and other key executives exit the business.  This is common sense and everyone understands this however sometimes this is a great challenge.  There are many factors affecting success in the People Development category including attracting, training and retaining the right people as well as providing them with the ability to gain increasing experience throughout their career.  We know that if an organization doesn’t have the right management team in place after the current owner/team exits, any structure/exit chosen will likely fail.

Keep in mind that different from an exit plan, all businesses also need to have an operational succession plan in place regardless of your intent to sell your business in the near to intermediate term.  Should the key person/people get hit by the proverbial truck (see my article addressing this issue here), you need to have a plan in place to ensure the business and the value that has been built will be maintained and preserved for family members, employees and all those with reliance on the business.  The bond company always asks for such a document to gain comfort that their business interests will be protected in the event the key person is no longer able to perform his or her duties and that business will continue with minimal disruption.

SUMMARY

All business owners will eventually exit the business.  A question I’m presenting at this point in time is whether the owner in his/her late 40s or older is willing to ride out another downturn such as we’re experiencing now.  If not, now is the time to consider how, and when, you will exit the business and determine what you need to do between now and then to ensure a successful exit financially and operationally.

Thursday, May 19, 2011

Architecture Billing Index (ABI)



As I've written before (See October 2010 posting), I enjoy following the markets and economic data.  Over the years we've all heard that when the architects are busy, that bodes well for contractors down the road.  With that, it makes sense for us to keep an eye on the Architecture Billing Index (ABI).  Basically, if that index is above 50.0 it indicates an increase in architect's billings.  Conversely anything below 50.0 indicates a decrease.  

The American Institute of Architects (AIA) has stated that there is an approximate 9 to 12 month lag between architects billings and non-residential construction spending.  The index was created in 1995 and is widely believed to be a strong leading indicator of construction activity.  It is based on data from a monthly "Work on the Boards" survey and is created by the AIA Economics & Market Research Group.

This index has strengthened in recent months (despite a 3 point drop from March, when it was 50.5, to 47.6 in April 2011 on a nation-wide basis).  See this chart for a history of this index back to January 1996.  Note the sharp drop from January 2008 to the bottom at January 2009.  Next you'll see the strong rebound in the next two years through January 2011.  Even though the index increased quite a bit over those two years, all that meant was that things were "less worse" than the were before, but still not good.  Keep in mind, any number under 50 for the ABI means a contraction in architects billings.

Please note the chart linked to above is on a national basis.  I was able to locate regional data which shows the West is the weakest in the nation.  Regional February 2011 ABI data shows the following:

Midwest: 51.15, South: 48.3, West: 47.7, and Northeast 51.2.  We can see weakness; a decline in billings, in the West and the South, with relative strength in the Northeast and Midwest.  The West region has ranged between 47.3 and 49.7 over the last 6 months, never signaling an increase in architects billings in that time frame.

CONCLUSION

When reviewing the last few years of this ABI metric, although things are not as bad as they were across the nation and here in the West over the last few years, they are still not strong and it will take perhaps a few more years, perhaps 2013/2014, to get back to times of meaningful growth and strength.  Those contractors who have created an efficient, lower overhead operation and do the basic blocking and tackling; selective, smart bidding and strong project management will survive to see the better times down the road.

How to Manage the Software Selection Process


The link right below will take you to the complete article along with a checklist to help you better control the software selection process...both the article and the checklist contain useful information to better assure a successful decision and approach to choosing the best fit software for your company...As always, enjoy the information and let me know if you have any questions or require additional information...Glenn

So you've decided to consider getting the proper financial accounting and reporting package for your construction business...for the complete article and checklist click here

Wednesday, April 20, 2011

Looking for Work? Martin Luther King, Jr. Medical Center



Clark Construction is looking for subcontractors to bid on the Martin Luther King, Jr. Medical Center - Multi-Service Ambulatory Care Center/Ancillary Project.  Click on this link to obtain details regarding the project.  If you require further information or need assistance, contact Davis Blue Print at 323.225.7483.  Final Scope Letters will be due on June 7, 2011 and Final Price Proposals are due on June 14, 2011.

Clark Construction requires all subcontractors and suppliers to complete a Qualification Application.  Click on this link to get to that form.  Subcontractors are required to provide 100% Payment and Performance Bonds for contracts greater than $100,000 as well as including bonding qualifications in the written bid proposal.

There will be a Pre-Bid meeting on May 10th, details still forthcoming.  It is suggested that  subcontractors call Clark Construction at 714.429.9779 and talk with the estimator who is assigned to your specific trade.

Good luck in sourcing new work!

Monday, April 18, 2011

1099 Expanded Reporting Requirements Repealed


Last year, as part of the health care reform legislation, the 1099 reporting requirements were expanded to include all payments from businesses $600 or greater in a calendar year to a single payee including corporations (except tax-exempt corporations).  This would have proved onerous on most businesses and individual taxpayers (those receiving rental income and making payments to vendors, service providers, etc.).

Last Thursday, President Obama signed a repeal of these expanded 1099 reporting requirements.   Essentially the requirements are back to where they were before the rules were expanded within the health care reform legislation.  It is important to note that this repeal did not affect the increased reporting penalties as well as penalties for failure to provide correct payee statements mandated by the Small Business Jobs Act.  These increased penalties are already in effect for 2011.  Those penalties were increased significantly per information return including calendar year maximum penalties.  These maximum penalties can be up to $1,500,000 ($500,000 for small business filers).

The repeal is good news as many in the business community were fretting about having to comply with the greatly expanded 1099 reporting requirements.

California to Allow LLCs for Contractors



Our friends over at Atkinson, Andelson, et. al. circulated a nice brief outlining this development taking place over the next year.  For years the question of whether a contractor could operate within an LLC has been answered in the negative and this appears to be changing.  There are a number of reasons to choose an LLC but it may not be the right entity choice for all.

The best course of action is to consult with your legal counsel, CPA and other trusted advisors and discuss your particular circumstances and objectives.  The Atkinson article follows:




As always, please let me know if you have any questions...

Glenn

Monday, April 4, 2011

Help For Those Who Use Check Cashing Services



Many of our contractors have labor forces who do not have bank accounts.  When pay day comes, these hard working men and women are regular customers of check cashing services that can charge up to 3% to cash the employee's payroll check when valid ID is presented.  That is essentially another tax on wages that the employee can ill afford.

Last week I was made aware of a product US Bank offers entitled "US Bank AccelaPay Card Program".  The bank issues prepaid Visa debit cards to a company's employees and then funds the card via the ACH system.  I'm unaware at this time of other banks offering a similar product, however as always please check around.  The benefits of this product are numerous and are summarized here.  This can also be marketed to prospective employees as a benefit should they not have a bank account.  When I read through the document summarizing the benefits including the "additional features" section at the end, I was pleased with all it had to offer.

It's tough enough for these employees who in most cases are living paycheck to paycheck; having to face a 3% fee to have access to their pay seems unconscionable.  This product provides an attractive alternative.  

As always, I do not receive any compensation for any third party products/services mentioned in this blog...

Glenn