The Connection
July 2021 / August 2021
Say "Hello" to NACM's Newest Members

American Commercial Capital
Beyond Computer Services
Buchanan Oilfield Services
Busby Metals, Inc.
Busch, LLC
Century HVAC Distributing
Darling Ingredients, Inc.
Distribution International, Inc. (Multiple member)
Dohrn Transfer Company
Greater Fort Worth Builder Association d/b/a Certified Master Builder
Happy State Bank
Henry Padron
Ideal Partners Management Group
Lonestar Electric Supply
Lonestar Electric Supply (Multiple member)
Motion Industries, Inc.
Wholesale Electric Supply - Dallas
Winsupply (Multiple member)
NEWS NOTES:

Proud Grandpa moment! Please reach out to NACM Southwest team member, DANA WEBSTER, CGA with congratulations: In 2021 his two grandsons won the Texas Fiddle Championship as Texas Champions in their age category...and recently Tristan (only 10 years old!) won the 12 and under National Championship at the Old Time Fiddler Competition while big brother, Thomas (13) finished in a very respectable third place in his 15 and under division. 

In addition to grandson celebrations, congratulations and a big party are in order for DANA WEBSTER, CGA (NACM Southwest – Oklahoma Region) and his lovely wife, BARB, who will celebrate their 50th wedding anniversary on August 7th. Here’s to another 50, Dana & Barb!

It’s anniversary season! ABBY ODNEAL, CAE (NACM Southwest President) and her husband, CURT, are celebrating their 30 year anniversary. Best wishes for many more to come, Abby & Curt!
CONGRATULATIONS NACM SOUTHWEST MEMBERS - - YOUR VOICE WAS HEARD!

We are pleased to report that HB 2237 was passed by the Texas Legislature and recently signed into law by Governor Abbott. This new law will become effective January 1, 2022. The efforts of NACM Southwest members were successful! The new law will include the authority to send a notice of non-payment to the General Contractor. This is indeed the “collection tool” our membership so adamantly demanded. As an added benefit the notice permitted by this law is not required to be sent to perfect the lien claim, therefore, the “gotcha” that was associated with failing to send the second month notice has now been removed.
 
As with most success stories, this one is possible because a dedicated group of individuals came together to enact change: 

·   Big high-five to our individual members (and the member companies that supported them!) that gathered in Austin to speak to the legislative committee. 
·   Much appreciation to NACM Southwest members for financially supporting the hiring of our lobbyist, Burt Solomons.
·   Huge thanks to Randall Lindley (Bell, Nunnally & Martin, LLP) and his associate Perrin Fourmy for their unwavering efforts to ensure that the proposed bill fully protected the interests of NACM Southwest members as it made its way through the legislative process. 
·   A shout-out to Sean Rooney (JD Herberger & Associates), Rebecca Hicks (Hicks Law Group), Jason Walker and his associate Katie Baird (Andrews Myers), who stepped up with analysis, member education, and support. 

Your efforts have served to protect the financial interests of NACM Southwest members doing business in the State of Texas. On behalf of our membership, I am humbled by and grateful for your efforts. Thank you. 
 
What is changing?? Specifically, this new law includes the following revisions to Chapter 53 of the Texas Property Code:
 
·   Eliminating the “2nd Month Notice Letter” requirement for suppliers and subcontractors, but expressly     permitting suppliers and subcontractors to send a notice of nonpayment to the original contractor (ie, the General Contractor), of a past due invoice.
·   Shortening the statute of limitations to file suit to foreclose a lien from 2 years to 1 year.
·   Extending lien and notice deadlines that fall on a weekend or holiday to the next business day.
·   Expressly providing lien rights to design professionals and equipment rental companies.
·   Providing a standard form for notice letters, similar to the standard forms already in Chapter 53 for lien waivers.
·   Eliminating Section 53.083, “Payment to Claimant on Demand,” which required an owner to pay any claim not disputed by an original contractor within 30 days after the original contractor received a copy of a claimant’s payment demand to the owner.
 
This is a short summary of the changes that will affect how you do business in Texas. With the ongoing help of our professional partners, NACM Southwest will be providing several educational events, in the Fall, that will ensure you are prepared for the changes in the new year.
 
Congratulations NACM Southwest members!
 
Abby Odneal
NACM Southwest
972-518-0019
New Credit Groups Alert!!
NACM Southwest is excited to announce that 3 new credit groups are being started!
 
-Fuel Distributor Group
-Pump Industry Group
-Convenience Store Group
 
These groups are all member driven by Credit Professionals within their respective industries . The goal is to facilitate the exchange of credit information on common customers, account information discussions that comply with all anti-trust regulations, and network about best practices, developments in credit management, and other common themes. Training and networking opportunities also take place within the regularly scheduled group meetings.
 
Reach out to us today to learn more!
Find us on YouTube!!
You can learn how to build a rocket on YouTube, why not learn more about your NACM Southwest membership? We welcome everyone to find us on YouTube as we are starting our Membership by the Minutes Series! Quick videos that detail one aspect of being an NACM Southwest member. What do you need to know about your membership benefits? If you think of a topic, let us know and we will create the content.
Houston Construction Law Attorney - William J. “Jason” Walker

Named one of the 10 Top Attorneys in Texas!

Board Certified in Construction Law by the Texas Board of Legal Specialization, Jason Walker currently leads the litigation team at Andrews Myers. He is a litigator and trial lawyer whose practice focuses on the trial and arbitration of construction law disputes including breach of contract, mechanic’s liens, payment bonds, performance bonds, collections and creditor’s rights, fraud, construction defect claimstermination of contracts, differing site conditions, bid protests, schedule compression, acceleration and jobsite personal injuries. He has represented owners, general contractors, subcontractors and suppliers, on commercial, residential and industrial construction projects of all sizes, and additionally counsels with credit managers regarding unpaid accounts, as well as credit policies and procedures. Jason’s litigation experience includes jury and bench trials in state and federal courts, injunctive proceedings and adversary proceedings. He also assists clients with drafting and negotiating contracts and claims.

Jason has been recognized as a leading construction lawyer in the state by the prestigious legal directory, Chambers USA, America’s Leading Lawyers for Business, since 2011.


The More You Know

Upcoming for 2021 Accreditation Test Dates and Application Deadlines:


  • Application Due: August 6, 2021
  • Exam Date: October 10, 2021 (Credit Congress Kansas City, MO)

  • Application Due: September 10, 2021
  • Exam Date: November 8, 2021

  • Application Due: January 15, 2022
  • Exam Date: March 7, 2022

  • Application Date: April 15, 2022
  • Exam Date: June 5, 2022 (Credit Congress Louisville, KY)

  • Application Date: May 27, 2022
  • Exam Date: July 25, 2022

  • Application Date: September 9, 2022
  • Exam Date: November 7, 2022

Upcoming Webinars and Continuing Education:
June/July – Trey Copeland – Contract Terms/Terminology
July 22 – Construction Boot Camp with Rebecca Hicks
July 25-29 – Financial Statement Analysis pt. 1 with Toni Drake, CCE
August 5 – Check Fraud with Michael Williams, UTA
September 7 – Texas Bonds and Liens with Chris Ring
September 8 – Oklahoma Bonds and Liens with Chris Ring
September 9 – Louisiana Bonds and Liens with Chris Ring
October 10-13 – Credit Congress - Kansas City, MO

Questions? Please visit our website at NACMSW.com or give us a call at 972-518-0019
ENJOY
15% OFF
Be sure to enter code
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ENJOY 15% OFF
        Use this coupon for ANY NACM Southwest seminar!

*Coupon can only be used once per person and cannot be combined with any other offer. Not redeemable for cash.
Please email this coupon and your seminar registration form to tony@nacmsw.com

Offer Expires 8/31/2021
Gartner Survey: Most CEOs Anticipate an Economic Boom Over the Next Two Years

More CEOs anticipate an economic boom (60%) rather than stagnation (40%) in 2021 and 2022, according to a recent survey of CEOs and senior executives by Gartner, Inc., a research and advisory company. Most respondents (35%) anticipate returning to or exceeding 2019 revenue levels as early as this year.

More than half of the respondents identified growth as their primary focus, followed by technological change and corporate action.

The annual Gartner 2021 CEO Survey was conducted between July 2020 to December 2020 among 465 actively employed CEOs and other senior business executives in North America, EMEA and APAC across different industries, revenue and company sizes.

CEOs Prioritize Digital

Technology-related change was the second-highest priority for CEOs. When asked about their organization’s top five strategic business priorities for the next two years, respondents gave answers in their own words. CEOs’ responses increasingly included the simple word “digital,” cited by one in five CEOs in this year’s survey. The digital capabilities category was also the only category in which CEOs intended to increase investment in 2021.

When it comes to specific technologies, CEOs see artificial intelligence (AI) as the most industry-impactful technology. Over 30% of respondents said that quantum computing will be highly relevant to their long-range business plans but are still not quite sure how.

Blockchain, 5G, AI and quantum computing are at the forefront of an emerging economic race between the U.S. and China, with one-third of CEOs believing that evolving trade disputes between the two nations over these technologies are a significant concern for their businesses.

Expect a Wave of Mergers and Acquisitions

Within CEOs’ third strategic business priority of “corporate action,” mergers and acquisitions were the most mentioned item, rising 75% year over year. This shows that CEOs and senior executives seeking advantage from a cyclical downturn are going shopping for structural inorganic growth.

There was a significant reduction in mentions of “sales revenue” within the growth priority category and a significant increase in mentions of “new markets” across different industries and company sizes, suggesting that CEOs are finding it hard to obtain simple incremental sales revenue growth using the strategies that have served them well in the past.

CEOs Acknowledge Societal Impacts on Business

Over 80% of CEOs expect enduring societal behavior change arising from the pandemic, such as a permanent shift to hybrid work. Shifts in customer behavior are expected as well: The biggest concern among CEOs is that customer demand will be constrained, particularly in industries such as travel, and that consumers and chief financial officers (CFOs) alike will hold back on related expenditures.

As key matters of sustainability and social justice rise to the foreground of public consciousness in many countries, 39% of CEOs said that taking an active social justice stance is good for business and that their employees are mostly of one mind. This leaves 61% who are tentative around such subjects – the majority are still not confident and comfortable navigating the business through this area of change. In addition, nearly half of CEOs (45%) said climate change mitigation is having a significant impact on their businesses.
Scholarships
NACM Southwest Scholarship Fund
The NACM Southwest Education Fund is designed for ALL NACM Southwest members who contribute to the fund. It provides a great opportunity to help keep the costs affordable for the educational seminars and events that your association offers.
With your contribution, you and your company, as well as your fellow credit professionals, help provide the opportunity for low cost educational events that help elevate the level of the credit profession and professional.
The next time you receive your invoice, please consider the voluntary education fund contribution. The beneficiary of the fund may be you and your company!
Any questions regarding the Education Program please contact Tony Clark NACM Southwest 972/518-0019.