ABC Keystone The Merit Shop Spokesman March 2021

Merit Shop

March • 2021

The

Spokesman ABC Keystone Newsletter

Celebrating Women in Construction!

Women in Construction Week March 7-13, 2021

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Racing Towards the Future

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Elections Have Consequences.

You Better Buckle Up.

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ABC Keystone Leadership

Merit Shop The

Spokesman

CHAIR of the BOARD – Cleo Weaver, Triangle Refrigeration Co. CHAIR-ELECT – Keith L. Eldredge, CPA, RKL LLP

1st VICE CHAIR – Steve Conway, Benchmark Construction Co., Inc.

Contents

2nd VICE CHAIR – John Lehmann, Poole Anderson Construction, LLC SECRETARY – Guy Kingree, Warfel Construction Company TREASURER – Timothy A. Kershner, CPA, Walz Group

IMMEDIATE PAST CHAIR – Roger S. Brubaker, Meadow Valley Electric, Inc.

2 Message from the Chair 3 Beam Club - New Members!

4 Message from the President-CEO 5 Advocacy Update 7 Chapter Calendar 8 New Members & Anniversaries 9 Member News 11 Economic Breakfast Photos 13 Celebrating Women in Construction 15 Member Spotlight 16 Risk Management 18 Ask an Attorney 19 YP Spotlight 20 Bullying in the Workplace

2021 Board of Directors: Doug Detwiler, DeRock Electric Company Douglas M. Dvorchak, Murray Ed Engle, Smucker Company Brian Floyd, Gunn-Mowery, LLC Wayne Fuhrman, The Witmer Group Michael B. Funck, Wohlsen Construction Company Ken Funk, Arthur Funk & Sons, Inc. John H. Hykes II, B & B Integrations Steven Kearns, James Craft & Son, Inc. Michael D. Monaco, Mowery David H. Oblender, Engle-Hambright & Davies, Inc. Jon Sensenig, Speedwell Construction, Inc. James Stephens, CFSP, Clark Associates, Inc. Bethany Tesché, Houck Services, Inc. Jan L. Wagner, Kinsley Construction, Inc. Thomas O. Williams, Esq., Reager & Adler, P.C.

G. David Sload, President-CEO ABC Keystone | 135 Shellyland Road, Manheim, PA 17545 (717) 653-8106 | abckeystone.org

CLIENT

Red Rose Interior, Inc.

104330

144”

LINE ITEM NO. IF APPLICABLE

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SALES REPRESENTATIVE

The Merit Shop Spokesman is published 12 times a year by Associated Builders & Contractors, Keystone Chapter.

Angela Allison

Metal Stud SPECIFICATIONS Logo Drywall, Banner Framing, Size: 144” x 96” Acoustical Qty: 1 Ceilings, Painting Colors: CMYK builds & Wallcovering Contractor

angela.allison@fastsigns.com

Articles of interest, member news, press releases, and advertising placement requests may be submitted to:

(CMYK builds are not meant for color matching - if color critical, please provide PMS colors.)

96”

Editor/Designer: Kristi Pronovost Director of Marketing & Communications ABC Keystone kristi@abckeystone.org (717) 653-8106

1002 N Prince St Lancaster, PA 717-397-3322 PROOF NUMBER

Not all monitors and printers display color the same way. DO NOT assume the colors you see on your screen will be the same as the finished product.

Celebrating 40 Years!

Grommet Placement

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PAGE 1 OF 1

BE ADVISED:

Your order includes 15 minutes of complimentary design time.

Social Media

Further design time will be billed in increments of 15 minutes at $25.

PROOF DATE

facebook.com/ABCKeystonePA LinkedIn.com/company/abckeystone @ABCKeystone @ABCKeystone

Red Rose Interior, Inc. was established in 1981 after Colonial Painting, a successful painting contractor, expanded to include the drywall trade. The company has since experienced steady growth and has become a leader in the local construction industry. Contact us today!

(split between your 1st and 2nd proofs)

DESIGNED BY

01/07/21

MTK

I M P O RTA N T - P L E A S E R E A D

At FASTSIGNS®, we take pride in precision - but the final examination for accuracy is your responsibility. Before giving approval, please examine all proofs carefully

for the accuracy information presented, as well as spelling, punctuation, numbers, graphics, colors, and general layout. In the event that we have miscommunicated

311@FASTSIGNS.com

www.FASTSIGNS.com/311

121 Centerville Road, Lancaster, PA 17603 T 717.569.7606

regarding your original design, we will be happy to provide a second proof free of charge if needed. Thereafter, any further proofs will be billed in increments of 15 minutes at $25 each. If further revisions are required after approval has been received, additional charges will be incurred.

THIS DRAWING IS THE PROPERTY OF FASTSIGNS LANCASTER. THE BORROWER AGREES IT SHALL NOT BE PRODUCED, COPIED OR DISPOSED OF DIRECTLY OR INDIRECTLY, NOR USED FOR ANY PURPOSE WITHOUT PERMISSION.

A Message from the Chair BY: CLEO WEAVER, ABC KEYSTONE 2021 CHAIR OF THE BOARD

Racing Towards the Future

A

s we are inching our way towards spring and summer, I trust your opportunities are rising in tandem with the temperatures! Seeing March on our calendars likely reminds many of us of March 19, 2020 - that Thursday when our phones blew up with Governor Wolf’s order for all construction to shut down the next day! Initially, we believed it was going to be short term, and we would soon be back to normal. Yet, many of us today are still not sure what normal looks like.

Well, enough of a bad memory. Let’s take our eyes off the rearview mirror and instead focus on the opportunities that are in our windshield - the future - because that is the only thing we can change. I’m sure you’ve seen a NASCAR race, even if it was only a snippet in a commercial. Did you know that the drivers have rear-view mirrors but use them very little? Instead, they rely on spotters to relay what is going on behind them and around them. These spotters alert them to danger in their blindsides, changes in the traffic around them, and obstacles beyond the next corner. Who wouldn’t want that? ABC is here to be your spotter in 2021! We will alert you to what is going on in government, changes in regulations, and the obstacles to avoid in our construction industry so you can focus on your business plan.

Speaking of a spotter, in February, we had our Economic Breakfast with Dr. Anirban Basu at Spooky Nook Sports, with online and in-person attendance of over 400 total. One of the things we learned from this “spotter,” in addition to economic updates, is that Dr. Basu believes the best two quarters of this year will be the last two. I am sure we all hope he is accurate and will adjust our course to take advantage of this as it happens. Some things our spotter tells us are informational items, and some are action items; I will let you be the judge.

On behalf of the leadership, I want to extend a huge thanks to our membership for your robust renewals! We are ahead of any recent years in percentage renewed - around 85% and new memberships are tracking ahead of recent years.

The board and I believe that this is a testimony to ABC’s solid leadership in this pandemic year, and to the continuallygrowing participation of our members in ABC training programs. Thank you, everyone!

That said, I’m sure many of you know fine companies that would greatly benefit by becoming members of ABC, and this is a perfect time to bring them in – as you know, membership

has its privileges! Many members report easily offsetting the cost of membership with all the benefits, such as training opportunities, national buying programs, and Government Affairs communication, to name a few.

I’d be remiss if I didn’t remind you that March is the month we celebrate the women in our ranks. Our industry offers many excellent opportunities for women. In our family-owned company of Triangle Refrigeration, my wife Linda and daughter Michelle have served as our first and second-generation CFO’s for nearly fifty years! In ABC, we had a female as our Board Chair three times in the past 11 years. I’d like to say thank you to Donna J. Shoff (2017), Owner/President of H.L. Wiker Inc., Vicki E. Craft-Kearns (2011), Owner/CFO of James Craft and Son, Inc., and Denise M. Clelan (2006), Co-Owner of Clelan & Company. Plus, our next generation of female leaders include 14 apprentices, and though we are proud of that ever-increasing number, we can and will do more to increase the opportunities for women in the trades. So, my exciting announcement is that there is plenty of room in our industry for more women. It is a very rewarding place to let your talents shine!

Our success as an organization rests on you, so I am hereby deputizing you as a “spotter” to find new members and more women in construction!

Now, go have a great month!

Cleo Weaver 2021 Chair of the Board Triangle Refrigeration Co. cweaver@trianglerefrigeration.com (717) 656-2711 2

ABC Beam Club

Recognizing Commitment to the Merit Shop Welcome to our newest Beam Club Members, having sponsored 5 New Members: Joe Finkey, Martin’s Flooring, Inc. Jim Stephens, Clark Associates, Inc.

Congratulations on achieving the Merit Plus Level by sponsoring 16 New Members:

Roger Brubaker, Meadow Valley Electric, Inc. Thank you for your contributions to strengthening ABC’s membership!

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ABC’s BEAM Club recognizes ABC’s most committed members, and BEAM Club members have made ABC the world’s largest association of free enterprise contractors. Their pride in ABC enlivens and strengthens our organization.

BEAM Club rewards ABC members for all their efforts in growing ABC’s membership. Recognition is received at the fifth recruited member and in increments of five members thereafter.

An ABC member’s personal beliefs in the right to free enterprise, the right to work together to solve workforce problems, and the free enterprise philosophy all contribute to the strength of ABC.

“Membership, It’s Everyone’s Business!”

ONE Mission, ONE Team, ONE Voice

A Message from the President-CEO BY: G. DAVID SLOAD, ABC KEYSTONE PRESIDENT - CEO

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Elections Have Consequences.

You Better Buckle Up!

know, after every election, we hate to hear the phrase ”Elections have Consequences.” Well, the next phrase I’m going to share is just as relevant, and if you have been around ABC very long, you may also get tired of this phrase over the next few years. “Get into politics or get out of business.” For today, I want to focus on politics at the Federal level, because, from a political perspective, it is at this level your business is the most vulnerable.

As we look at the first five weeks of the new administration, there is no hidden agenda. Clear signals have been put in front of us as to what the plan entails: to destroy the industry we love and the businesses you have worked so hard to build. You might say I am being overly dramatic, but let us just look at the actions that have been taken thus far.

The new administration has started undoing, via executive order, any policy or regulatory order that had been put in place to advance jobs and create greater cooperation between agencies and employers. Any new executive order that talks about jobs only refers to the creation of “good union jobs.” It appears the 87% of the population that chooses not to be part of a union are no longer represented by our President. This administration has decided to take the Obama administration proposals to tear down our industry, and they plan to amp it up.

Let’s look at the PRO Act (Protecting the Right to Organize Act). This is a rehash of the Obama Card Check bill - on steroids. Just some of the highlights, or should I say obstacles, are as follows: •

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•

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Restricts an employer’s ability to communicate with employees during the organizing process Interferes with attorney-client confidentiality by restricting an employer’s right to seek legal advice during the organizing process Changes the process by which the union can challenge the results of an organizing election Requires employers to provide employee contact information to the union organizers, without approval from the employee

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Imposes civil penalties up to $50,000 for an alleged violation of labor law Eliminates the ban on “secondary boycotting activity,” thereby allowing unions to boycott and picket neutral contractors and your end users

The list goes on much further. Essentially, this bill will erode 70 years of labor laws and eliminate your rights and protections. This bill will pass the House. We need to play defense in the Senate and keep this off the President’s desk.

He has emphatically stated that he will support and sign this, should it reach his desk.

The PRO Act is just one example of what is going on in Washington. We understand that OSHA may no longer be the partner we saw under the previous administration.

Ultimately, this is one of the main reasons ABC exists: to help our members survive and grow, especially during a toxic environment. However, we can’t do it without your help and support.

We want to hear from you when you have challenges in these areas. We need you to engage in direct contact with your legislators via calls, letters, and emails. We will provide you the tools.

I close where I started, with a slight adjustment. Now, more than ever, “Get into politics, or the government may put you out of business.”

G. David Sload President-CEO dave@abckeystone.org (717) 653-8106

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Advocacy Update BY: DAVID G. GREINEDER, IOM, ABC PENNSYLVANIA DIRECTOR OF GOVERNMENT AFFAIRS

Marching On

O

n February 4, Governor Tom Wolf publicly released his 2021-22 proposed budget. The nearly $40 billion budget will fund the state from July 1, 2021, through June 30, 2022. The budget represents a 12% increase over last year. Not surprisingly, the governor again is proposing to tax the Marcellus Shale, which ABC of Pennsylvania is on record as opposing. Other highlights include: • Increases public school funding by $1.35 billion; sets the minimum teacher salary at $45,000 • Increases the personal income tax from 3.07% to 4.49%, for those making over $84,000. The increase is projected to bring in $3 billion • Increases the minimum wage from $7.25 to $15/hour by 2027 • Legalizes recreational marijuana As expected, the tone from Republican leaders is the proposal is a non-starter. On March 15, the legislature will return from the “budget break” that allowed the House and Senate Appropriations Committees to hold public hearings on the governor’s proposed budget. In the months ahead, the state budget will be negotiated, along with many other priority bills. ABC of Pennsylvania will be pushing to get our priorities added to that list.

In that regard, the ABC of Pennsylvania board of directors approved the association’s legislative and regulatory agenda for the year. You can read more about the agenda at abcpa.org.

Highlights of our agenda include: 1. Participating in Industry Standard Legislative and Regulatory Processes • Supporting legislation that will prohibit identification in construction contracts • Opposing shale taxes • Supporting an infrastructure bill that ensures an efficient and interconnected transportation system and ensures worker safety in construction zones • Supporting COVID-19 legal liability protections

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2. Investing in Workforce Development • Supporting reforms to the apprenticeship system • Supporting efforts to expand workforce development in the skilled trades • Supporting reforms to the criminal justice system to incentivize employers and break down barriers to gainful employment in construction 3. Advancing the Merit Shop Philosophy • Opposing project labor agreements • Opposing the federal “Protecting the Right to Organize” Act • Opposing legislation that unfairly targets the construction industry ABC has been hard at work advancing our mission in Harrisburg. In February, ABC Keystone held a Construction Wake-up Call to discuss ABC’s advocacy programming and forecast where Pennsylvania is heading this election cycle.

If you would like to view the materials presented at this meeting, you can do so at www.abcpa.org.

If you are not signed-up to receive email alerts, please download the “ABC Action App” from the app store on your mobile device, or at abc.org/abcaction.

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Chapter Calendar - Events, Education & Training Register Today!

Save the Date:

3/3 - ABC Keystone’s Meet the Generals

4/16 Inaugural Gala for Cleo Weaver

3/9 - Choose VIRTUAL or IN-PERSON: Presentations: Removing the Fear Part of the Leadership Development Series Starts 3/9 - Dynamic Crew Leadership 3/11 - Communications

Part of the Superintendent Training Program (STP) 3/17 - Choose VIRTUAL or IN-PERSON: PHR’s Strategic, Operational & Administrative Roles

Part of the Human Resources Management Academy 3/17 - Advanced Blueprint Reading 3/30 - Growing with Traction Workshop

5/20 ABC Keystone’s Apprenticeship Graduation & Craft Professionals of the Year Awards Dinner 6/8 ABC Keystone’s Golf Outing

4/6 - Competent Person for Supported Scaffold Training Starts 4/6 - SalesWorks!

4/7 - Microsoft® Office Training Excel® 2016: Basic Starts 4/8 - OSHA 30-Hour Construction 4/13 - Choose VIRTUAL or IN-PERSON: Building a High Trust Team – Part of the Leadership Development Series 4/15 - Executive Leader Contractor Peer Group (CEO/Owners/Executive Leadership)

4/16 - Inaugural Gala for Cleo Weaver

4/20 - VIRTUAL: Prevailing Wage & Davis Bacon No-cost Workshop Presented by Beneco - Free to Attend!

4/21 - VIRTUAL: Executive Leader Contractor Peer Group (CEO/Owners/Executive Leadership) 4/21 - Choose VIRTUAL or IN-PERSON: Employment Laws, Compliance, and Minimizing Risk Part of the Human Resources Management Academy 4/21 - Microsoft® Office Training Excel® 2016: Intermediate I 4/22 - Adult AED, CPR & Basic Medic First Aid

Discover more events, education & training & register online: abckeystone.org Coronavirus (COVID-19) Safety Update: Your health and safety are our number one priority. Total registration numbers may need to be limited to observe safety requirements, and early registration is encouraged. Thank you in advance for your patience and cooperation.

We Can Customize Training for You!

We Strive to Meet Your Training Needs - Contact Us Today!

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(717) 653-8106 | Barbara Holtzapple (Career Development) & Kevin Keith (Safety)

Welcome to ABC's Newest Members!

Thank you for your support of the merit shop mission!

Carlisle GMC William Paukovits, Commercial Manager 1402 Holly Pike Carlisle, PA 17015 ph. (717) 243-3066 williampaukovits@ cadillaccarlisle.com

Sponsor: G. Allan Galbraith, Galbriath/Pre-Design, Inc. Construction Risk Partners Kyle Narkiewicz, Business Development 150 South Warner Road Suite 420 King Of Prussia, PA 19406 ph. (484) 654-5075 knarkiewicz@ constructionriskpartners.com

Four Walls Construction Co. Andrew Schoenberger, Owner/VP of Operations 189 Ridgeview Road South Suite 1 Elizabethtown, PA 17022 ph. (717) 689-5260 fourwallsconstructioncompany@ gmail.com

Info-Matrix Corporation Nichole Zbikowski, Strategic Partnerships Executive, Commercial 202 Senate Avenue, Suite N-400 P.O. Box 187 Camp Hill, PA 17011 ph. (717) 260-9850 nzbikowski@info-matrix.com

P.C. Haines, Inc. Ryan M. Haines, President 132 West Broad Street Salunga, PA 17538 (717) 898-1723 rm.haines@pchaines.com

Lancaster County Timber Frames, Inc. Amy Good, Chief Financial Officer 4825 East Prospect Road York, PA 17406 ph. (717) 755-2990 agood@lancotf.com

Sponsor: Steve Conway, Benchmark Construction Co., Inc.

Ressler & Mateer, Inc. Russell Ressler, Vice President 72 Industrial Road Brownstown, PA 17508 ph. (717) 859-2025 rusty@resslermateer.com Sponsors: Roger S. Brubaker, Meadow Valley Electric, Inc. & Cleo Weaver, Triangle Refrigeration Co.

Sponsor: Michael Monaco, Mowery

Sponsor: Guy Kingree, Warfel Construction Company

Sponsor: Timothy A. Kershner, Walz Group

"When I’m in need of products and services, I always go to ABC members first."

- John H. Hykes II, B&B Integrations

Reynolds Iron Works, Inc. John Reynolds, President 157 Palmer Industrial Road Williamsport, PA 17701 ph. (570) 323-4663 johnreynoldssr@ reynoldsironworks.com

View a searchable membership directory at abckeystone.org

Paragon Engineering Services, Inc. Christina McCullough, Business Development 1071 Edgar Street York, PA 17403 ph. (717) 854-7374 cmccullough@peservices.org

Download the mobile app at the App Store or Google Play!

Happy Anniversary!

Thank you for your continued support of the merit shop!

Join us in congratulating these members celebrating milestone anniversaries in March 2021:

45 Years:

Stief Concrete Work, Inc.

35 Years:

5 Years:

Gassert Mechanical & Industrial Insulation, Inc.

Custom Plumbing &

20 Years:

1 Year:

Abel Construction Co., Inc.

Heating, Inc.

Independent Refrigeration Services, Inc.

Princeton Hydro, LLC

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#ABCMeritShopProud

The Latest ABC Keystone Member News Barley Snyder Announces 2021 Leadership Changes Barley Snyder has announced several changes to some of its internal governance committees. On the firm’s management committee, which is responsible for leadership of the firm and achievement of its long-range goals, partner Donald Geiter was re-elected to his second two-year term on the committee, and partner Jennifer Craighead Carey was named to a two-year term on the committee, joining partners Salvatore Anastasi and Paul Minnich and managing partner Jeff Lobach. Craighead Carey replaces partner Kimberly Decker, who finished two terms of service on the committee at the end of 2020. On the firm’s Litigation Practice Group, partner Matthew Hennesy takes over as the chair of the group. He replaces partner Lauralee Baker, who had been the chair of the group since 2016. Partner Jeremy Frey has been named to the firm’s compensation committee, which determines salary levels throughout the firm. He replaces partner Randy Moyer on the committee.

Benchmark Construction Company Hires Ken Bray Benchmark Construction Company has hired Ken Bray as a Virtual Design & Construction Engineer. He is responsible for supporting the construction activities through identifying and mitigating constructability issues using MEP coordination, establishing layout points, and using VR to helping clients fully comprehend the product before construction.

Nicholas Laeder Joins Mowery as Director of Sustainability (MEP Services & Quality Control) Mowery is pleased to announce the addition of Nicholas Laeder to the team as director of sustainability (MEP services & quality control). In his role, Laeder will be responsible for improving Mowery’s sustainability, quality and collaboration.

With his main focus on sustainability, Laeder will lead internal projects focused on ensuring Mowery continually reduces their impact on the environment and strengthens the communities in which they serve. Assisting with quality control, he will establish and ensure best in class quality

control policies and procedures on every Mowery project.

Lastly, with responsibilities in MEP services, Laeder will ensure Mowery’s mechanical, electrical and plumbing teams are working seamlessly and efficiently on projects.

Saxton & Stump Lawyers and Consultants Welcomes Two Attorneys and 10 Professionals, Prepares for Strong Start to 2021 These additions are aligned with the firm’s strategic plan for 2021 to continue bolstering key practices while offering an innovative level of service to clients: • Kathryn D. Maza Courtney, Esq. practices in the firm’s Internal Investigations, Appellate and Post-Trial Advocacy, and Risk Mitigation and Safety groups.

• Chelsea D. Bashi, Esq. focuses her practice in healthcare and commercial litigation.

• Mark A. Golicher, CISSP serves as Saxton & Stump’s Director of Information Technology and is focused on strategically enhancing law firm productivity through technology.

• Gina M. Piccirilli, CPC, CPB, CPMA is a Senior Consultant, auditor and trainer with over 20 years of experience, including 10 years in management roles working with healthcare organizations.

• Anthony G. Harvey is a Software Engineer and brings more than four years of experience building, enhancing and troubleshooting various SaaS platforms and solutions.

• Trevor W. Stull supports Saxton & Stump’s video and animation production team as an Audio Engineering Assistant.

• Dana M. Kleckner is an experienced Paralegal/Client Services Professional in the firm’s Malvern office.

• Katelyn A. Kaufman is a Paralegal/Client Services Professional in the firm’s Harrisburg office.

• Patricia L. Gartley is a member of Saxton & Stump’s Concierge Services team in Lancaster.

• Caitlin Graci supports Saxton & Stump’s Concierge Services team in Harrisburg by organizing guest and client visits.

• Joel A. Gamon develops content for Saxton & Stump.

• Gabriella E. Vreeland supports the implementation of marketing programs and business development strategies for Saxton & Stump.

If you have news to share, please send your press release to:

Kristi Pronovost, Director of Marketing & Communications: kristi@abckeystone.org 9 13

#ABCMeritShopProud

The Latest ABC Keystone Member News Schaedler Yesco Distribution Restructures to Meet Customer Needs

Warfel Construction Company Announces Retirement of CEO

Fourth-generation, family-owned Schaedler Yesco Distribution, Inc. has announced a transition, a new structure, and new roles to better serve customers. Greg Schaedler has been named the company’s CEO. Greg is preceded by his father, Jim Schaedler, who, after 48 years, has transitioned from the role but remains active as the company’s Chairman of the Board. Greg, who most recently served as Vice President, has worked closely with Jim over the past 20 years and will continue to work with the Executive Management Team in guiding Schaedler Yesco Distribution’s growth.

It is with deep appreciation for his years of service that Warfel Construction Company announces the retirement of Ralph E. Simpson Jr. as the company’s Chief Executive Officer.

“We are grateful to Ralph for his contributions over the last 34 years,” said Matt Hartzler, President of Warfel Construction Company.

SEK, CPAs & Advisors Announces New Member of the Firm The Members of SEK, CPAs & Advisors are pleased to announce that Denver R. Martin, CPA, has been admitted as a Member of the Firm effective January 1, 2021. With more than 12 years of experience, Denver is an integral part of the firm’s Accounting Services and Tax Department. He primarily works with closely held businesses in a variety of industries, including construction, healthcare, financial services, and the manufactured beverage industry. His expertise includes general business consulting, QuickBooks consulting, individual and business tax preparation, and financial statement preparation. In addition to his client responsibilities, Denver serves on the firm’s Practice Development Committee.

Hired as a project manager in 1987, Simpson rose to Vice President in 1995, President in 2001 and became President/ CEO in 2007. Through his work as a project manager and a company executive, Ralph established long-lasting relationships with industry partners and clients alike. Over the years, Ralph has been deeply involved in the Lancaster community, and served as chair of the United Way Board, the United Way Search Committee, and Lancaster Chamber of Commerce and Industry.

Having led the company as President since 2013, Hartzler will now assume the role of President/CEO. He began his career at Warfel in 1995 as a project manager and became a partner in the firm in 2007.

Simon Lever Promotes Kim Lyons and Rebecca Walck to Partner Simon Lever recently announced the promotion of Kim Lyons and Rebecca Walck to partner. Dedicated to maximizing the success of its employees to better serve its clients and community, Simon Lever continues to diversify its partner group base and elevate the talent that is bringing change to the firm.

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ABC Keystone’s

2021 Economic Breakfast Thank you for attending!

Pictured at right: State Representative Dawn Keefer (R-92) U.S. Congressman Scott Perry (R-PA-10)

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View photos on Facebook!

Celebrating Women in Construction!

The Keystone Chapter is pleased to recognize our 14 female apprentices during Women in Construction Week!

Watch our social media channels during the week of March 7-13 to learn more about these craft professionals!

Carpentry Reanna Allen, Benchmark Construction Co., Inc. Emily Edye, Warfel Construction Company Maureen Le, J.D. Eckman, Inc. Priscilla Milanes, Wohlsen Construction Company Liz Oviedo-Cabrera, Warfel Construction Company Jody Royer, Conewago Enterprises, Inc. Jennifer Shaffer, J.D. Eckman, Inc. Haley Shuman, Benchmark Construction Co., Inc.

Construction Craft Laborer Skyler Blough, J.D. Eckman, Inc. Rebecca Reichert, J.D. Eckman, Inc.

Electrical Kathleen Sperlazzo, Cheran, Inc. Katie Wilkinson, Meadow Valley Electric, Inc.

Plumbing

Leah Hoptak, James Craft & Son, Inc. Melissa Turano, Protech Mechanical Contractors, Inc.

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For more information: cindyd@abckeystone.org

Share with your Clients & Colleagues You’re #ABCMeritShopProud to be a Member!

On Your Website: www.wickershamconstruction.com

Add the ABC logo in your marketing & communications!

Download logo files at:

http://bit.ly/ABCKeystoneMemberLogos Thank you for your support of ABC!

In Your Email Signature:

www.dolanconstructioninc.com

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Member Spotlight DAVE PECK, VP OF BUSINESS DEVELOPMENT, INDUSTRIAL RESOLUTION

Meet Dave!

How did you get involved in the industry?

Dave Peck VP of Business Development Industrial Resolution 24 E King Street, Suite 42 Lancaster, PA 17602 (617) 894-3814 dave@theindustrialresolution.com www.theindustrialresolution.com

I’ve been in tech and software all of my career. Working closely in the construction industry is new since I joined Industrial Resolution, but I’m learning quickly through the experiences of team members and customers in construction.

Industrial Resolution is a custom software development company headquartered in Lancaster. Over the 12 years we have been in business, our focus has been building software solutions to help address our customers’ biggest business and operational challenges. The bigger the better!

The solutions we build are wide-ranging (time and resource tracking apps, order and inventory apps, business intelligence dashboards, employee intranets, to name a few), but they always revolve around delivering game-changing increases in efficiency through automation and digitization.

As someone doing business in the construction industry, how does your membership in ABC Keystone help you succeed?

Industrial Resolution has partnered with several construction companies on projects, but the benefits of the services we offer and custom software are still not widely-known. We recently joined ABC Keystone, and our membership is helping make connections in the construction industry and spread the word!

We want to tell your story!

For Member Spotlight information, please contact: kristi@abckeystone.org 15

What are some little-known facts about your business? #1 - We built the entire digital presence for the U.S. Women’s Open when it was hosted in Lancaster and helped it set a record for tickets sold to a women’s USGA event. #2 - Our team met Steve Wozniak (developer of the Apple computer with Steve Jobs). It was a big deal for our tech team!

An Evolving Risk Management Program BY: KYLE J. WIMER, CRIS, ASSISTANT SALES MANAGER, ENGLE - HAMBRIGHT & DAVIES, INC.

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t is hard to believe that we are closing in on a full year of mask-wearing and social distancing. Constantly changing mandates and protocols forced abrupt changes to an organization’s operational procedures. However, the prioritization of risk management has led the construction industry to be a leader during a national pandemic.

While sales may be the lifeblood of an organization, the glue that holds it all together is a well-defined, evolving risk management program. It is a living program that grows and matures along with the organization and shields the company from the imminent dangers we all face.

The collective ingenuity and forward-thinking over the past twelve months have proven that the construction industry is adept at prevailing through adversity. It was a pivotal moment in which organizations needed to act safely and without hesitation yet continue operating to protect the livelihood of their employees and the overall financial health of the organization. This past year demonstrated, more than ever, that evolving risk management program are a fundamental component to the construction industry’s success.

So why have an evolving risk management program?

To be safe, to be astute and to propel forward as an organization.

Adopting an evolving risk management program is a switch in mindset that changes an organization’s perspective from a frustrating insurance requirement - associated with a high premium payment - to distinguishing it as a critical business discipline, which protects an organization’s assets. This mindset is necessary for the creation of welldefined policies, the development of written procedures identifying and correcting risks and the manifestation of a safety-oriented operating culture. When this is embraced, employees focus their time on tasks that lead to direct financial growth within an organization.

It is the details that are embedded in a risk management program that symbolize the true health of the organization in which it is aimed at protecting. A sophisticated approach includes the following measures: identifying risks, knowing the financial tolerance per risk event, understanding how employee protocols relate to specific insurance coverages that are in place, and detailing what a controlled environment should look like within the corporate structure.

The utilization of a sophisticated risk management program thereby helps ownership better assess their strategic vision while shaping an organization’s direction.

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Inaugural Gala for Cleo Weaver Celebrate with ABC’s 2021 Leadership!

Friday, April 16, 2021 Eden Resort & Suites

6:30 pm: Cocktail Reception 7:15 pm: Dinner & Program

• Networking mixer followed by four-course dinner & program • Celebration of the 2021 Board of Directors • Roast of the 2021 Chair of the Board!

Limited Seating – Register Early!

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Ask an Attorney BY: THOMAS O. WILLIAMS, ESQ., SHAREHOLDER, REAGER & ADLER, P.C.

Material Supply Issues During the Pandemic and Beyond

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hen traumatic, disruptive things happen, like the current COVID-19 pandemic, they create many obvious and foreseeable impacts; but they also create many not-so-obvious or foreseeable impacts. When these events occur, they not only cause financial issues but also a host of related legal issues.

During this pandemic, many contractors have experienced disruptions to their supply chains with their traditional go-to suppliers. Since the onset of the pandemic, contractors have been notified by suppliers that either their materials will not be available as planned, and/or those materials will cost the contractor substantially more than the contractor initially priced the materials at when they submitted their bid or offer.

When faced with these issues, some contractors may think that a contract provision commonly known as a Force Majeure provision may provide them with safe harbor and an opportunity to be excused from performance, potentially even providing them with an increase in their contract sum commensurate with the increased cost of materials. Such a provision, whether it is titled “Force Majeure” or not, may not be the contractor’s ‘get out of jail free’ card. Note that certain form documents, such as the AIA-A201 General Conditions document for example, do not contain a “Force Majeure” provision per se. It does however contain other provisions at section 8.3.1 titled “Delays and Extensions of Time” and section 14.1.1.2 titled “Termination or Suspension of the Contract” which may provide relief for the contractor.

Depending on the specific language of the Force Majeure provision, when invoked by the contractor it may provide the contractor with contractual relief for a delay in performance in the event that the contractor cannot secure the required materials for the project or cannot secure them in a timely manner. This provision, however, will likely not provide the contractor with a right to recover delay damages or an increase in its contract amount due to an increase in material costs created by the pandemic.

The courts tell us that the essence of a Force Majeure provision is an event that is both “unavoidable” and “unforeseen” by the parties. The parties are free, at least in a private project context, to list in their contracts events such as acts of God, strikes, and natural disasters, which would qualify as Force

Majeure events, and which accordingly, would provide an excuse for non-performance. While up until last March, the onset of the impacts of Covid-19 and various government shut downs, contractors could make the argument that the COVID-19 pandemic was unforeseeable, certainly moving forward courts will be less accepting of this excuse for delay or nonperformance if we are faced with future pandemics.

Contractors should make sure to add pandemics and governmental shutdowns and stoppages to the list of events qualifying as force majeure events in their future contracts.

Also, for private projects where terms are negotiable, contractors should also consider negotiating and including in their contracts material price escalation clauses which will protect against unanticipated profit killing price increases.

In addition, all contractors, like all litigants, are bound by the duty to mitigate their damages. What this means to contractors moving into the future is that contractors must now foresee and prepare for debilitating material supply disruptions and look to make contingency plans and identify alternative sources of not only manpower but also material supply and equipment sources. With many court decisions yet to come which may provide more clarity, for now, contractors are on notice that they need to develop contingency plans in order to alleviate future disruptions, or at least minimize them.

As always, even though full absolution for untimely performance and recovery of increased costs may not ultimately be awarded, it is imperative that all contractors facing negative impacts of such events provide all required timely notices of the impacts to their contracting partners so as not to waive any potential extensions of contract time or monetary recovery.

Tom Williams, a shareholder in Reager & Adler, is the longesttenured attorney in the firm after Dave Reager and Ted Adler.

Tom began his career with Reager & Adler in 1993 in the Litigation and Construction Law practice areas. He is the lead attorney in the Debt Recovery practice area. Prior to embarking on his legal career with Reager & Adler, Tom served in the United States Army performing with the “President’s Own” Old Guard Fife and Drum Corps. Tom travels extensively and is an avid gardener and photographer.

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Young Professionals Spotlight Meet Christina!

What is your favorite or inspirational quote?

“Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it.”

- Ferris Bueller (John Hughes) I am sure it is not every day someone in the professional world says their favorite quote is from the movie “Ferris Bueller’s Day Off,” but this quote is truly one of my favorites. One of my greatest fears in life is looking back one day and feeling like I missed opportunities or did not appreciate the special moments which didn’t seem big at the time. This quote helps to keep me grounded and to remember to stop and appreciate even the small things through all the noise and stress of a fastmoving life!

Christina with her daughter Maeve, 5 and son Cole, 12

Where is your favorite place in the world?

I cannot say that I have been to many places around the world, but it would be hard to beat Lake George, NY. This gem is nestled in the heart of the Adirondack Mountains in upstate NY, and it is absolutely my favorite place to be. I have spent my entire life vacationing there. Growing up, I was fortunate to spend my summers there. Whether I am swimming, boating, floating, water skiing, fishing, or having a cocktail (or two) at the firepit; it’s my happy place, and now I can share it with my children!

Christina McCullough Business Development & Marketing Manager Paragon Engineering Services, Inc ABC Keystone YP Committee Member cmccullough@peservices.org

What is the last book you read?

The last book I listened to was “Radical Candor,” by Kim Scott. I used to read quite a bit and enjoyed getting lost in a book with physical pages. However, these days with kids, work, and many activities, I find myself listening to Audible or podcasts while I am at the gym or driving in the car. There is so much I can say about this book, and I highly encourage anyone at any level within their company to read it.

The intended audience is for managers or “the boss” to learn how to effectively manage their teams. The book covers all aspects on how to truly connect with your staff to build trust, solicit feedback, give and take criticism, challenge directly, and to care personally, and more. While this book is fantastic for 19

managers and “the boss,” it is completely relevant for all humans, regardless of title. I also found that not only can these concepts be applied in the workplace, but they can be adopted personally at home with your spouse/partner, children, family, and friends.

I wish I had read this book sooner, especially when I was a manager in a previous position, and I often find myself regularly referring to this book when handling challenging situations both personally and professionally.

Bullying in the Workplace BY: CHRISTINA MCCULLOUGH, PARAGON ENGINEERING SERVICES, INC.

H

ave you ever been bullied? When the word “bullying” is brought up, most people automatically think this pertains to the kids throwing snowballs at recess or at the bus stop, the popular football quarterback shoving a nerd into a locker in between classes, or the mean girls in the cafeteria who won’t share a seat at their table. These examples might be true and could be how bullying can start early on in someone’s life, but bullying can also occur amongst grown adults in the workplace and make for a toxic and demotivating environment for those experiencing it.

When bullying in the workplace occurs, it can be detrimental to the morale of staff, jeopardize company culture, and ultimately lessen productivity. While this behavior would be viewed as unacceptable by most, there are some cases when this behavior is not addressed due to the concern or fear of losing top-producing individuals within the team who are taking part in the bullying of others. However, it is extremely important for all to know that if you are the recipient of this behavior and are being bullied, it is imperative to address it.

First, let us understand why this even happens. Bullying may stem from a lack of understanding or empathy for people and/or situations or a lack of effective communication. Or, it is also believed that a bully might be deflecting from an insecurity. There may be additional variables and reasons as to why bullying can occur, but in my experience, these are the main sources.

head to this conversation is always best. In most situations a one-on-one conversation about what is occurring and how it makes you feel can address and diffuse the situation entirely. As mentioned earlier, there could be a lack of understanding of your role or direction you have been given, and once this is vetted out, this results in a greater understanding and appreciation amongst all parties involved. If after this initial conversation the bullying does not stop, then you will need to address what is happening with your manager and ask for additional support or help. In any case, attempting to handle the situation directly is always the best first step.

In conclusion, while unfortunate, bullying in the workplace can happen and can get much worse over time if it is not addressed. Recognizing when it is happening and knowing the best way to approach it will ultimately help eliminate it. For those people who are the instigators and bullying others, try to understand how this might make someone else feel and that it could potentially be handicapping potential and/or ability to be as productive as possible. Ultimately, people are working within a team, and everyone on that team needs to be supported for the overall team to be successful.

“At the end of the day people won’t remember what you said or did, but they will remember how you made them feel.”- Maya Angelou

Bullying can take many forms. A person who is always getting made fun of for being different or is the topic of side bar gossip conversations amongst co-workers is being bullied by team members. However, bullying can also occur by management through constantly overlooking an individual for that deserved promotion, though a lack of positive encouragement for a job well done, and more.

No matter how you slice it, bullying is a real thing in the workplace, and it is important to know how to recognize it and what to do if you are in that situation.

If you feel that you are being bullied, the best way to handle this situation is to address it head on with the person/ people causing the problem. Having a plan on what you are going to say and making sure you go in with a calm and level 20

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