DeMoulpied comes to LSI from the Private Client Services practice of Ernst & Young where he managed strategy & operations improvement engagements for privately held client businesses. Some of his prior roles include VP of strategic development, director of strategic initiatives, and Lean Six Sigma Master Black Belt at OptumHealth, UnitedHealth Group’s health services business, as well as Lean Six Sigma Black Belt at General Electric, where he applied operations improvement principles to customer service, supply chain and product development. A successful entrepreneur, deMoulpied is also the founder of PrestoFresh, a Cleveland-based e-commerce food/grocery business. With more than 20 years of experience across multiple industries and functional areas, deMoulpied has particular expertise in organizations with complex technical products. Combined, his prior positions have required a spectrum of skills in corporate strategy, operations improvement, product quality, and revenue cycle management. He has an impressive history of utilizing data driven problem solving (Lean Six Sigma) and project management (PMP and CSM) to achieve strategic goals surrounding customer satisfaction, operational efficiency and improved profit. From Tire ReviewAdvertisementClick Here to Read MoreAdvertisement Long-time leader of the American Retreaders Association and Tire Industry Hall of Famer Ed Wagner passed away Sept. 7. He was 87. Wagner was in a hospice near his Louisville, Ky., home when he died. Wagner was born in Boston on April 24, 1924, and served in the U.S. Army Air Force during World War II. Following the war, he got into the tire retreading industry with the Fort Western Tire Co. in Augusta, Maine. He moved on to head Super Mold Corp. in Lodi, Calif., from 1960-65, and then started his own retread plant in 1966. That facility burned down in a devastating fire in 1968, but Wagner rebuilt it and eventually sold the business. Later in 1968, Wagner bought the Retreader’s Journal from ARA managing director George Edwards and took the reins of the ARA at the same time. Wagner was the face and voice of retreading for more than 25 years, finally retiring from that post in 1988, handing the position over to his son, John. After leaving the ARA, Wagner started Tire & Technical Services in Louisville, providing expert advice on retreading operations and serving as a witness in a number of tire-related court cases. He was elected into the Tire Industry Hall of Fame in 1998.Advertisement Wagner is survived by his wife of 60 years, Martha, as well as five sons, four daughters, and nine grandchildren. His funeral will be Monday, Sept. 12, at St. Albert the Great Catholic Church in Louisville.,Lubrication Specialties Inc. (LSI), manufacturer of Hot Shot’s Secret brand of performance additives and oils, recently announced the expansion of senior leadership. Steve deMoulpied joins LSI as the company’s chief operating officer (COO). AdvertisementClick Here to Read MoreAdvertisement DeMoulpied has a Bachelor of Science degree in Engineering Management from the United States Air Force Academy and a Master of Business Administration degree from the University of Dayton in Marketing and International Business. He served six years with the USAF overseeing the development of technology used on fighter aircraft and the E-3 Surveillance aircraft, finishing his career honorably as Captain. LSI President Brett Tennar says, “Steve’s success in developing operational strategies that improves the bottom line, builds teamwork, reduces waste and ensures quality product development and distribution checks many of the boxes of what we were looking for in a COO. This, coupled with his career in the Air Force working with highly technical systems and his in-depth understanding of Lean Six Sigma and Business Process Management sealed our offer. As our tagline states, our products are Powered by Science. This data driven approach is one reason why our company has grown exponentially as we employ the most advanced technology to product development. I am confident that Steve is the right person to drive operational strategy for our diverse and growing brands.” Advertisement
DNCU News:…Del Norte Credit Union becomes part of a joint effort to bring relief to local communities during troubled timesSANTA FE — Del Norte Credit Union (DNCU), New Mexico’s hometown financial cooperative, is improving lives in northern New Mexico communities by working jointly with four local non-profits to help raise funds and bring awareness to the essential services they are providing during the COVID-19 pandemic. According to Marcos Zubia, director of development at Esperanza Shelter, “Costs have increased by 30 percent since the start of the stay-at-home order back in mid-March.” As Zubia explains, “Esperanza, like many other non-profits, is applying for assistance and are all competing for the same dollars available in our community so it makes it challenging as we continue to navigate to fund our $150,000 in related COVID-19 expenses.”Del Norte Credit Union, having supported these organizations in the past, felt that the need to assist was consistent with their own mission of Improving Lives and one that compelled them to implement a “Giving Tuesday Now” campaign throughout the month of May.Giving Tuesday is a global generosity movement that unleashes the power of people and organizations to transform their communities and the world. During the global day of unity, the hashtag #GivingTuesdayNow will be part of the response to the unprecedented need caused by COVID-19. Del Norte Credit Union has decided to take Giving Tuesday Now a step further and host donation drives every Tuesday throughout the month of May on their social media pages. DNCU will focus efforts to support one nonprofit each Tuesday by promoting online donations via Facebook. Del Norte Credit Union will match funds for each organization up to $2,500.Del Norte Credit Union has selected the following non-profits for this campaign:Campaign Day OrganizationMay 5 Esperanza ShelterMay 12 Ponderosa Montessori, Inc.May 19 Las Cumbres Community ServicesMay 26 Youth Shelters & Family ServicesDel Norte Credit Union’s Giving Tuesday Now campaign starts this coming Tuesday, May 5 via its Facebook page @DelNorteCU. Each week, DNCU will feature a live radio interview discussing the campaign and how these organizations are adapting to the current environment in order to continue providing their services.For a comprehensive list of charities supported by Del Norte Credit Union, visit https://www.dncu.org/home/our-community/community-sponsorship-programsJoin Del Norte Credit Union as they continue to fulfill their mission of Improving Lives.About Del Norte Credit Union: Chartered in 1954, Del Norte Credit Union is a not-for-profit credit union based in New Mexico with a mission of Improving Lives. DNCU offers a wide variety of products and services designed to make members achieve financial success. Today DNCU serves more than 55,000 members throughout New Mexico and the United States.
Twenty years ago, you might have had other plans. Reports produced in the 1990s predicted that ecommerce was superior to stores in offering consumers convenience and competitive prices. However, none of the reports produced in that era predicted today’s retail environment.Today, consumers are not allegiant to any retail format because choosing between shopping in store or at home has been bypassed by something many 1990s retailers did not see coming – the smartphone.The first iPhone arrived in 2007 and the ability to shop in any location with smartphones has since created a headache for retailers. However, it has been a lifeline for retail property owners.Retailers are engaging every sales channel to secure reliable revenue from increasingly fickle consumers and, although the range of touch points with the customer has multiplied, product marketing has become more complex.The shopping experience is now as important as the product and schemes have been adapted accordingly. One adaptation has been to adjust the tenant mix to include a wide range of goods – from essentials to luxury – while another has been to increase dining and leisure options in order to improve footfall and dwell time.The retail tenant mix changes across the UKWhile many shopping centres have been transformed, online retailers have gone a stage further by using abundant data on consumer behaviour to adapt and maximise revenues. In turn, property managers need to do more to understand how consumers are using their assets and show retailers how to get more from their sites.Saying a shopping centre or retail unit is good value for money to retailers versus their other sales channels is not enough; property managers need to prove it.The smartphone has been a lifeline for retail property ownersThe development of Bluetooth beacons in shopping centres is the latest step in data analytics. Beacons are hardware transmitters that passively connect with smartphones within 10 to 50 metres.They are more precise than current wifi and GPS tracking systems and managers can use them to identify a baseline footfall for low-traffic areas of a shopping centre and track consumers’ journeys and dwell times in each store.Digital infrastructureRetailers can use beacons for in-store proximity marketing by sending customers personalised promotional offers or loyalty points to their smartphones for entering the store. However, customers need to have Bluetooth activated on their phones, as well as allowing push notifications and, regardless of incentives offered by retailers, some will always be reluctant to share data and location information.Shopping centre managers should act quickly to develop a digital infrastructure that they, and all tenants, can use. Open beacon formats allow managers and retailers to share a signal.John Lewis is bringing experiential shopping to WestfieldThis solution negates the need for retailers to set up their own systems, opens up the benefits to smaller retailers that can’t justify the cost and allows retailers to link beacons to third-party apps and software.Adding a wide range of retailers as well as F&B and leisure facilities has helped maintain footfall in shopping centres. But developing a shopping centre’s digital infrastructure and using the associated data collection and analytics can help managers prove that stores are not only relevant but that they can be one of retailers’ most valuable sales and marketing channels.A retailer in the 1990s wouldn’t have seen that one coming.Greg Mansell is head of research at AXA IM – Real Assets
Agency – Commission – Estate agents – Fariness – Landlords Office of Fair Trading v Foxtons Ltd: Ch D (Mann J): 10 July 2009 Nicholas Green QC, Helen Davies QC (instructed by in-house solicitor) for the claimant; Michael Kent QC, Andrew Davis (instructed by Mishcon de Reya) for the defendant. The claimant (OFT) sought declaratory relief in respect of the operation of alleged unfair terms in contracts between the defendant letting agent (F) and various landlords (L). For the purposes of the Unfair Terms in Consumer Contracts Regulations 1999, F was the supplier and L were the consumers. L had all opted for a letting-only service to help them find a tenant, rather than a full property-management service. F’s contracting terms provided for a commission payment for the introduction of a tenant. The terms also stipulated, in essence, that commission would continue to be payable where tenants renewed or extended their tenancy or where a new tenant took over who was connected in some way with the previous tenant. Furthermore, the terms stated that commission would be payable where tenants subsequently purchased the property from L (sales commission) and where L assigned their rights to a third party (third-party renewal commission). After L made complaints that the commission terms were unfair and involved the OFT, F amended its terms to some degree. However, the question of fairness of the old terms and of some of the new terms still remained. OFT submitted that (1) F’s terms and conditions used language that was not ‘plain and intelligible’ as required by article 4(2) of the Council Directive 93/13 and regulation 6(2) and 7 of the 1999 regulations; (2) the provisions relating to renewal commission were not part of the main subject matter of the contract for the purposes of regulation 6(2) and could not escape an assessment of fairness on that basis; (3) the provisions relating to sales commission and third-party renewal commission were unfair. Held: (1) In order to determine whether F’s terms and conditions of business were expressed in plain and intelligible language, it was necessary to define the typical consumer. It was not in dispute that ‘professional’ or ‘commercial’ landlords doing business with F were not consumers for the purposes of the regulations. However, the issues raised in the instant case were significant for many consumer landlords who had acquired one or two properties as an alternative to pensions and savings. The typical consumer was to be defined on an analogous footing to that on which the court approached the attributes of the reasonable man and the description in Office of Fair Trading v Abbey National Plc  EWCA Civ 116,  2 WLR 1286 was to be adopted, Abbey National applied. F’s attempts at re-wording the clause had introduced a fresh lack of clarity. (2) Regulation 6(2) could not be approached purely as a matter of common law construction of the contract. Although the written terms of the contract were the starting point, it was necessary to establish on a wider level what the substance of the agreement was, rather than focus on the precise written terms. It was also necessary to consider how the matter would be perceived by the typical consumer and the supplier, Abbey National applied. Therefore if the renewal commission was to be treated as part of the core bargain, the typical consumer would have to consider it so as well as the supplier. On the facts, the obligation to pay renewal commission had not been part of the core bargain between the parties, since a typical consumer would have approached F for help in finding a tenant for an initial term of engagement and the prospect of a renewal would have been a subsidiary matter receiving little focus at that time. Furthermore, the provision for renewal commission was hidden away in the document and played no part in the activities under focus, namely those of finding a tenant. A re-wording of the clause to expressly make the renewals commission part of the overall contract price or core bargain did not alter the real position. It was not to say that renewal commission was always unfair to landlords per se; it might be possible to engineer a situation where the renewal commission element became part of the core bargain if there was real negotiation between the parties from the outset and clear disclosure, if not active flagging-up, of the term, but that had not happened in the instant case. On the facts, parts of the clause providing for renewal commission were too vague to be classed as ‘plain and intelligible’. Severance of the clause was neither necessary nor appropriate, Abbey National applied. Therefore, even if the renewal commission was found to have been part of the core bargain between the parties, it did not escape a fairness inquiry. (3) A fairness inquiry revealed that all the relevant provisions were unfair for the purposes of the regulations, Director General of Fair Trading v First National Bank Plc  UKHL 52,  1 AC 481 applied. The relief to be granted was to be determined at a further hearing. Judgment for claimant.
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Stay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.Limited access to building.co.ukBreaking industry news as it happensBreaking, daily and weekly e-newsletters To continue enjoying Building.co.uk, sign up for free guest accessExisting subscriber? LOGIN Get your free guest access SIGN UP TODAY Subscribe to Building today and you will benefit from:Unlimited access to all stories including expert analysis and comment from industry leadersOur league tables, cost models and economics dataOur online archive of over 10,000 articlesBuilding magazine digital editionsBuilding magazine print editionsPrinted/digital supplementsSubscribe now for unlimited access.View our subscription options and join our community Subscribe now for unlimited access
To continue enjoying Building.co.uk, sign up for free guest accessExisting subscriber? LOGIN Stay at the forefront of thought leadership with news and analysis from award-winning journalists. Enjoy company features, CEO interviews, architectural reviews, technical project know-how and the latest innovations.Limited access to building.co.ukBreaking industry news as it happensBreaking, daily and weekly e-newsletters Get your free guest access SIGN UP TODAY Subscribe now for unlimited access Subscribe to Building today and you will benefit from:Unlimited access to all stories including expert analysis and comment from industry leadersOur league tables, cost models and economics dataOur online archive of over 10,000 articlesBuilding magazine digital editionsBuilding magazine print editionsPrinted/digital supplementsSubscribe now for unlimited access.View our subscription options and join our community
The return of one of the industry’s oldest names, John Laing, to the stock market, under plans unveiled this week, looks on the face of it like a further encouraging step in the sector’s recovery.The firm as it is now – specialising in infrastructure management and investment – is a very different proposition from the one that sold its construction arm to Ray O’Rourke for £1 back in 2001.But although the firm has moved away from contracting, its confidence in the markets it does operate in – PPP infrastructure and renewable energy schemes – can be taken as a barometer in these sectors of the likely prospects for work further down the line – and these areas provide construction with its largest scale schemes.So, the fact that John Laing has chosen to re-list after a record year for new investment, with chief executive Olivier Brousse saying the firm needs more cash to respond to a “significant increase in demand for new infrastructure”, will be welcome news for the wider sector.Less welcome will be the fact that Brousse currently sees the major infrastructure opportunities for his London-based company lying overseas – currently there are projects in Australia and New Zealand, and potential future growth in the US.John Laing has a long-established presence in the UK PPP market. But despite its capability, the company’s prospects here have been constrained by the government’s approach to infrastructure projects, notably the time taken to develop the revamped PFI model, PF2, and its subsequent failure to gain widespread traction.Nonetheless, John Laing has been at the forefront of exploring new forms of private and public financing partnerships, including the Scottish not-for-profit distribution model, to get schemes off the ground. Against this backdrop, it appears it is the lack of political commitment to a long-term pipeline and consequent deterrence of investors, rather than the failure of any one specific funding model, which is limiting the sector.Despite the progress made with the publication of the government’s National Infrastructure Pipeline, this will surprise no one who has noted the gap between touted spend and projects awarded on the ground, even with some recent improvements in outlook. But John Laing highlighting prospects overseas, rather than the UK, is indicative of the continued damage that a short-term approach to infrastructure is doing to the UK – and the future damage it threatens to wreak on both the country’s economic competitiveness and its ability to support its society.The population growth and climate change pressures that John Laing says are driving infrastructure demand are no less applicable to the UK than to the overseas markets the company identifies as hot prospects. Arguably, they may be even more so, given some of the UK’s infrastructure dates back to the 1800s – the century John Laing was founded. So the fact that, despite this, the turning of an economic corner does not yet appear to have been accompanied by a new appetite for infrastructure investment highlights the need for further reform of the way long-term infrastructure schemes are planned and managed at the highest levels of government.Our Agenda 15 campaign, which highlights a series of proposed changes in this area, has, after two weeks, received backing from companies with a combined global turnover of £34bn. We urge you to add your support by visiting www.building.co.uk/agenda15, to help make issues such as long-term infrastructure planning a priority heading into this May’s election.Sarah Richardson, editor
But it added that whilst the issue will help to inflate air rates and demand temporarily, it will not reverse the longer-term trend towards the ocean.However, whilst Drewry says that the long-term trend from air to ocean transport is not expected to be reversed, it questions whether supply issues in the container sector, including poor reliability, rolled cargo, missed voyages in peak cargo months and port congestion is starting to slow the modal shift. Its report notes that more recent numbers show that international air freight growth is starting to keep up with container traffic growth and even overtake it in certain months.In light of events on the US west coast, Drewry notes that some shippers pre-empted the disruption in the container sector by moving cargo earlier and via the longer all-water route to the US East Coast, but as the countdown to “Black Friday” and the start of the holiday season got ever closer, more expedient solutions were required.The USWC port slowdown could not have been designed to cause more disruption or extra cost. Shippers converting to air freight are doing so at a time when air rates are at their seasonal high point of the year.Drewry expects air freight rates will continue to show a rise for November as the shopping season hits full swing, while tighter capacity will also support stronger pricing on certain trades. The backlog at US west coast ports has the potential to soften the traditional drop in Asia to US rates in December and depending on how long the issue remains unresolved could prop up air rates through until Chinese New Year.World air cargo growth has, for a number of years, lagged behind container shipping growth due to a combination of factors, including higher demand for commodities that are typically shipped by ocean freight, faster growth at the low-value end of commodities such as t-shirts that reduces air cargo’s overall share, and finally the sea conversion of “mature” products. Air cargo’s eight year CAGR of -1.4 percent for the said commodities is the near mirror-opposite of the same items moved by container ship. Drewry says congestion at the US west coast ports is a costly reminder to shippers of the need for risk planning, particularly in peak seasons.www.drewry.co.uk
AUSTRALIA: Detailed proposals for an 8·5 km rail link to serve Perth Airport and the city’s ‘eastern foothills’ suburbs were announced by the Premier of Western Australia Colin Barnett on August 11, following the endorsement of the A$2·2bn scheme by the state cabinet.The line would will diverge from Transperth’s existing Midland Line near Bayswater station and run for 8 km in twin-bore tunnels, initially paralleling the Tonkin Highway and passing beneath the Swan River to reach the airport. It would then continue in tunnel under the airport before emerging to terminate at a new bus-rail interchange at Forrestfield.Intermediate stations are to be provided at Belmont (Airport West), near the present domestic terminal, and under the Consolidated Airport serving the current international terminal. Feeder bus services from Forrestfield will serve the suburbs of Wattle Grove, Maida Vale and High Wycombe. Journey time for the 16 km trip between Forrestfield and the city centre is expected to be around 20 min.The government believes that building the branch almost entirely in tunnel will enable it to be completed ‘in the most timely fashion’ while minimising disruption to residents, businesses, traffic and airport operations.According to Transport Minister Dean Nalder, the Project Definition Plan is to be released later this month for public consultation and discussions with local authorities before tenders are called for construction of the line. Construction is expected to start in 2016 for completion in 2020. The airport branch is projected to add around 20 000 extra boardings on the Transperth network each day in 2021, rising to almost 30 000 by 2030.‘The Forrestfield-Airport Link represents a real game changer in terms of public transport in this city’, said Barnett. ‘It is a key infrastructure project that furthers the long-term strategic interests of the city by opening up Perth’s eastern suburbs, which in the short term will also create hundreds of construction and engineering jobs.‘The rail link will bring enormous benefits to airport passengers and staff working at the airport. In particular, this will be a boon for Western Australia’s thousands of fly-in fly-out workers.’