Wagner Construction, Inc. - Page 7




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          with its laborers and operating engineers.  Petitioner paid its             
          laborers and operating engineers the highest wage scale in the              
          State of Minnesota.                                                         
          C.  Dennis' Responsibilities and Qualifications                             
               By 1995, Dennis had more than 30 years of experience in the            
          construction and logging industries and had been petitioner's               
          president for 10 years.                                                     
               Dennis prepared, approved, and submitted bids for contract             
          work.  He was responsible for securing contracts at a profit                
          sufficient to keep petitioner's four construction crews active              
          throughout the construction season in northern Minnesota.  He               
          selected bonding companies, consulting engineers, investment                
          firms, attorneys, and accountants.  Dennis negotiated the union             
          contracts and the employee fringe benefit plans.  He was                    
          responsible for addressing all complaints and concerns about the            
          daily operations of the company.                                            
               Dennis was also responsible for the final decisions on the             
          purchase of major assets.  Dennis approved all subcontract                  
          payments and verified that all subcontractor deficiencies were              
          corrected.  He was responsible for negotiating all financing                
          arrangements and equipment rental rates.  Dennis made the final             
          decision on when to purchase and select stocks, securities, and             
          investments.  He negotiated all private business contracts and              
          made the final decision on billings and collections.                        






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Last modified: May 25, 2011