The F-word, contractors, and women

Construction SiteWhat I've come to realize over the course of my career is that there are some male contractors who will accuse engineers/inspectors who are women of using the F-word in an effort to discredit them or get them into trouble. And I think the recent reaction to the use of this word by a U.S. diplomat (Top U.S. Diplomat Launches f-bomb on EU in leaked recorded conversation) is a good example of how effective this accusation can be.

Also what I've discovered is that contractors will use this tactic whether the word is actually said or not. The reason I know this is true is that I never say the F-word. Actually I did use it for a short time when I was probably 14 years old until I realized, at least for me, it did not add to the conversation, and I did say it once on the job in 1993 after spending a whole year being harrassed by a contractor in every manner possible including having them regularly exposing themselves to me and having the equipment operator regularly swing the arm of the exavator at me in an effort to intimidate me and get me to back down on my responsibility. So on the first day when they showed up for the next year, I told the main perpetrator in front of everyone I would not stand for the same treatment, and on that day I did use that word. Of course they complained to my supervisor. Fortunately he backed me up – probably because he was aware of how I had been treated, and I had no problems at all that year. But even though, except for that one time, I have never said it over the course of my career, I've had several contractors complain to my supervisors that I had. Fortunately almost all of my past supervisors knew me well enough to know it is a word I absolutely never say. They had seen me in every sort of situation and knew for a fact it was just not the manner in which I respond to things. So when a contractor tried to tell them I had said the F-word, they might as well have been saying, "I'm a big liar who is making up a story in an effort to get someone in trouble so you won't believe her anymore and I can tell you more lies to convince you to pay me for something she is telling you I did wrong and shouldn't be paid for." Unfortunately I did have one supervisor with little to no construction experience who seemed to fall hook, line, and sinker for this. And this is why contractors use this tactic – it sometimes works.

I guess I never really thought too much about why it works until I saw what happened with that diplomat. Now I'm thinking it works because our society appears to view the use of the word with a double standard – it is ok and expected to have men say it, but not women. At least I know this is the case on construction. Over 30 years of working on the jobsite, I heard it all, including the F-word, on a very regular basis. Some days I would hear it said so much, the word just faded into the background with all the others. And I never heard anyone on the construction site say, "excuse me, I find the use of that word offensive and would appreciate it if you never used it out here again." Absolutely no one ever appeared to be bothered by its use (including myself) nor did they ever even draw attention to it – they just seemed to take it for granted that people said it. So if men can regularly say the word and other men never are bothered by it, I am wondering why we have this double standard that penalizes a woman for saying it? And it appears the exposure of a woman saying it will cause such a negative reaction that contractors have figured out that even lying about a woman saying it with no proof at all is enough to cause major problems for that woman – at least if her supervisor is the type to fall for this kind of thing.

I think the key point to realize in all this is that the contractors who are complaining about a woman who says the F-word are not truly offended by the expression – after all their crews are using the word regularly on the jobsite. It's that these men are deliberately calling out a woman out for saying it (or making it up that she did) while they would not think to expose or accuse a man of saying it. Which makes me wonder about the diplomat's situation. I think if she had been a man and this had happened I think the public would have still thought of it in a negative manner. Whether the diplomat is a man or woman, it was not a diplomatic thing to say. But she is most likely not the only person – male or female -in that type of position who is using that word. So even with her it is the same issue – no one is thinking to expose a man who says it – it is only considered as a tactic when women are the target.

 

Unfortunately it has taken me years to figure all this out. Initially I had thought contractors were just assuming I said it because a lot of people do and adding that complaint to their overall objection to me requiring them to perform the work they were hired to do. But after the last time I had something like this happen, I finally realized contractors who do this were actually purposely lying as a strategy to get me in trouble or discredit me. Because my new job does not require me to be out on construction, I had thought perhaps I didn't need to worry about it anymore. After all, I had not ever read about or heard of any group outside of contractors doing this. But after seeing what happened with this diplomat, I am wondering if it is a pervasive tactic used by anyone in any field who might see an opportunity to benefit from it.

 

Fortunately there aren't a lot of contractors who resort to this tactic. But as long as this double standard is in place, I'm left wondering how we, as women, can best protect ourselves from being the target of this. As someone who does not say the word at all, my experience shows that just not saying it isn't the answer. 

 

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Sales Tax Exemptions for Public Projects

Normally when we bid a construction project, we don't address in the bid documents the payment of sales tax. We do, however, indicate that the contractor is required to follow all Federal, State, and Local laws. Because of this, I would assume that on most projects, a contractor would be paying any required sales tax on the materials purchased for that project. But in Illinois a local government is exempt from paying sales tax. So recently there has been some discussion in our area about allowing contractors on our projects the use of our tax exemption status to make purchases for that project without having to pay the sales tax. The idea would be that if a contractor has to pay sales tax, this cost would just be passed along to our municipality. And if we allow the use of our exemption, perhaps we could save this cost.

To accomplish this, we've been reviewing some language to put in our specifications. But a few of us have also been discussing the question of control of the use of the city's tax exempt number. If we just give out a copy of our certificate or our number, how do we know for sure how it is being used? What ramped up this concern is that a couple weeks ago, a contractor called me to request a copy of our certificate. I asked them why they needed it because I was not aware of any projects in which they were under contract with us. The person indicated it was for a project they were working on for our city. So I asked which project, and she said she would have to get back to me with that information. Of course, I never heard back from her. I started wondering, would contractors purposely try to obtain these numbers and then use them on non-exempt projects? Once a contractor has a copy of that certificate, how would a vendor know for sure if the purchase was really for a project contracted by that tax exempt entity or if perhaps the material was going elsewhere? 

I tried calling a vendor of construction materials to ask how they controlled this and how they made sure the material really was designated for a tax-exempt entity. They really did not seem to know. All they told me was they required the contractor to fill out a form with the number. So it appeared the vendor really had no control in place to ensure the number was properly used. This led me to wonder how it is done in other states. And what I found out was a great help although I did find out there is quite a variation on sales tax implementation throughout the U.S.

  • Some states do not charge sales tax at all
  • In some states, local government is not exempt from sales tax
  • And in most of the remaining states, the use of a tax exempt number for a construction project is regulated by a form that is provided to tax-exempt entities. This form allows local governments to designate their number, the contractor, the specific project for which the number will be used, and in many cases a start and end date.

I really liked the idea of a form we could issue with each project – this would avoid having to issue a copy of our certificate and would limit the use of the number to a specific time period. I called our state to make sure a form would be acceptable and was told yes, we could give out a form with our number instead of giving contractors a copy of our actual certificate.

Anyway, below is a very rough summary of my findings. You can find your state and see how it is handled there.

Disclaimer: Please note this is not a legal or official opinion or statement. You should not rely on the information I have provided, and you will need to investigate the accuracy of my research on your own. This also does not address any sales tax that must be charged by the contractor to the local government. 

 

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The Things Contractors Say

Water Main

Shortly after I started inspecting construction almost thirty years ago, I started realizing most contractors have the same response to similar situations. When I was younger and asked a contractor to do something, the typical response was something like, "Honey, I've been doing this for thirty years, and …." Then they would go on to tell me why I was wrong and they were right. Or they would try to reassure me that whatever they did would be ok, and they knew this because of their vast experience – obviously I could not know that because I had not worked as long as they had.

Of course, not all contractors try to convince you that they know better or you just aren't experienced enough to understand what should really be done. Some are very open about not wanting to do what you ask. In these instances there's the straighforward responses of, "you and I will be long gone when this fails" or "don't worry – it's getting buried – no one will see it."  At least with these they are honest about admitting something might not be right, but are hoping that you don't care enough to require them to do it right. I always liked the one, "you'll never see it from (insert next town over)." And one that always annoyed me was "we ain't building a watch."

Fortunately for me, I was usually confident what I was asking them to do most definitely needed to be done. So the subtle intimidation never really worked with me. My experiences working for cities had given me opportunities to see the failed results of poor construction. And you don't have to wait 30 years to see failures when you work in public works. So most of the time, I could describe exactly what would happen if they didn't do what was required. And I was also fortunate to work with some really excellent contractors who never used those responses and brought a lot of value to a project. 

But after all those years and having thought I'd heard every response in the book, the other day on my construction job I heard a new one. The foreman on my water main job had neglected to follow some of the specifications. And when I called his boss to try to straighten everything out, he obviously did not like me calling to complain and asking him to fix things. So his response to me was, "you better watch it because you're going to get yourself a reputation." I'm still not sure what he really meant . But whatever it was, I do know it was obviously a response he felt would scare me enough for me to change my request or not bother him anymore. But instead of intimidating me, it made me think, I really need to start writing down the things contractors say.

 

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