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because they knew that a steady supply of work existed. The
ability to maintain experienced crews enabled petitioner to
deliver the highest quality masonry work.
C. Petitioner's Operations
Petitioner typically became involved in a job when the
developer called Ginger directly. Ginger would go to the
developer's office, review the plans, discuss the details for the
job, and suggest cost saving alternatives. Ginger would then
take the plans to his office and review the plans with
petitioner's estimator, Gary Sawhill (Sawhill).
Ginger and Sawhill would work through the plans and come up
with a bid. Ginger assisted Sawhill with matters such as profit
percentages, overhead, cost of labor, material cost, production
rates, and anything out of the ordinary. On an annual or
semiannual basis, Ginger would set the appropriate rates that
petitioner would use to bid a job. During the recession in 1990-
92, Ginger revised petitioner's rates every quarter.
Sawhill used the current figures to calculate the bid, which
was then given to Ginger. Ginger reviewed the entire bid before
it was sent to the developer. After the bid was submitted,
Ginger contacted the developer and offered to discuss the bid
further if the developer believed it to be too high. This often
would lead to further negotiations between the developer and
Ginger.
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Last modified: May 25, 2011