The Merit Shop Spokesman - ABC Keystone - June 2023

ABC Keystone Leadership

2023 Executive Committee:

CHAIR of the BOARD

Steve Conway

Pyramid Construction Services, Inc. A Quandel Company

CHAIR-ELECT

John Lehmann Poole Anderson Construction, LLC

1st VICE CHAIR Guy Kingree, IMC Construction

2nd VICE CHAIR

Steven Kearns, James Craft & Son, Inc.

SECRETARY Ed Engle, Smucker Company

TREASURER

Timothy A. Kershner, CPA, Walz Group

2022 CHAIR Keith Eldredge, CPA, RKL

2023 Board of Directors:

Eli Ace, Nexen Construction, LLC

Robb Beiler, Quality Buildings, LLC

Jeff Bright, Saxton & Stump Lawyers and Consultants

Roger S. Brubaker, MVE Group

Scott Duke, The Witmer Group

Joe Finkey, Martin’s Flooring, Inc.

Michael L. Fiore, Leonard S. Fiore, Inc.

Brian Floyd, EPIC Insurance Brokers & Consultants

Ken Funk, Arthur Funk & Sons, Inc.

John H. Hykes II, B&B Integrations

Anthony Leer, Leer Electric, Inc.

David H. Oblender, EHD

Matt Shehan, Benchmark Construction Company, Inc.

Jan L. Wagner, Wagman Construction, Inc.

Scott Wengrenovich, Murray

Jeff Witmer, Pathway Business Advisors

Steve Conway Pyramid Construction Services, LLC A Quandel Company

TAKE TIME TO RECHARGE

Back in April, I wrote of the importance of safety in our industry, one aspect of which is the Total Human Health of our workforce. As we enter the summer vacation season, I encourage you all to consider the value vacation time has on our employees' mental and physical health. Vacation can be challenging in our industry because we're all wired to "make hay while the sun shines," and there's no better time to do this than the summer when the days are long, and the weather is generally favorable. Our office and field workforce is crucial to putting work in place. Are we better off having an entire workforce that is feeling overworked and unengaged or working through the challenges of temporary manpower shortages and benefiting from employees that are recharged due to their employer encouraging time to focus on themselves? Time off is integral to well-being, sustained productivity, and high performance.

Americans, called the "No Vacation Nation" by the Center for Economic and Policy Research, are notorious workaholics. In contrast, other thriving nations have embraced the value of employee downtime, with documented health benefits and high productivity levels.

The following are two reasons why we should all support the idea of recharging:

Vacation time increases mindfulness. As we work through our daily routine, we unintentionally operate on autopilot due to the repetitive nature of our jobs. Taking time off and doing something different breaks that cycle, allowing us to feel more present and stimulated. Burnout significantly impacts our employees, as it causes a lack of enthusiasm, reduces creativity and productivity, and sometimes results in turnover.

Vacation time improves your physical health and reduces stress. Work-related stress takes a toll on our bodies. Studies are abundant, showing the same results - high blood pressure, lack of sleep, poor heart health, headaches, etc. Our field staff has the added physical stress of their work-related activities. Taking a break from the daily grind allows our bodies time to regenerate and heal. Stress and physical toll are hard to avoid in an industry that is productivity and timelinedependent, therefore making downtime crucial.

The number one asset of every construction company is its employees. Therefore, the total human health of our employees (body, mind, heart, and soul) must be a top priority. Encourage your employees to use their vacation time. Please encourage them to use the time to disconnect and recharge completely. Lead by example and do the same. Promoting a temporary reduction in your workforce seems counterproductive, but the studies all show that the benefits exist for both the employee and employer.

Enjoy your summer. Get out there and do something fun and unique. Then, recharge before it's too late.

TIME TO GROW OUR LEADERSHIP

You hear us say that Associated Builders and Contractors is a member-driven association. From the programs we run, the events we hold, and the education we perform, it all happens with the input and support of our members. Keystone is a highperforming chapter because of the dedication of the staff and the members.

We are blessed to have over 260 individuals from member firms participate on our committees and our Board of Directors. It starts with the dedicated committee members. Some of them will be able to chair a committee or task force. Some will even run for a seat on the Board of Directors. Keystone truly is a place to grow both personally and professionally.

Why do we share this information? It is the time of year when the Nominating Committee solicits individuals from member firms to run for a seat on the Board of Directors. There will be six seats available for the class of 2024. The committee will seek passionate individuals to help take Keystone to the next level. Some of the work a board member performs is as follows.

• Attend All Board Meetings (one per month)

100% of all Directors attend 90% of Board meetings.

• Attend Chapter Events (mixers, outings, etc.)

100% of all Directors attend at least 50% of the minor events and 75% of the major events.

• Make a Financial Contribution to legislative entities, National PAC, PA PAC, FEA, or AADF (Directors: $500 minimum; Officers: $1000 minimum).

• Attend a Directors’ Orientation Session

• Assist with Membership Retention telephone calls by calling the non-renewed members with whom

you have a relationship and members on your “constituency” list.

• Connect with Your Assigned “Constituency” List about ABC activities and noteworthy accomplishments during the year. Lists include 25 members and, all materials will be drafted for your communications. At a minimum, the goal is to target the non or low-engaged members

• Attend the Inaugural Dinner to be sworn into office.

• Actively Encourage Members of Your Team and others in your company, to get involved with ABC Keystone.

• Recruit New ABC Members. We have a great sales team ready to help you! Each Director will be asked to commit to a number of members they can recruit for the year. The minimum commitment is two new members.

• Act as a Committee Liaison, if necessary as assigned by Chair of the Board.

• Relay Concerns, Questions, etc. between ABC and our member firms

• Help Develop the Strategic Plan and monitor its execution, while providing oversight of the annual budget.

• Other Activities as requested by the Chair of the Board.

Keystone’s historical success has been because of the dedicated board members that have volunteered since 1959. Do you want to grow in your leadership? Do you want to drive the future of the Keystone Chapter? If that answer is yes, please get in touch with me and secure an application to be submitted to the Nominating Committee. We need you, the members, to guide us to the future.

ANDREW NEUMAN

Andrew Neuman, a carpenter for Wohlsen Construction Company, uses his skill, passion, and expertise to work at a high level earning him Craft Professional of the Year honors. With 12 years of experience, attention to detail, work ethic, and commitment to safety, Neuman sets an example for fellow team members and subcontractors.

Andrew’s “can-do” attitude along with his dedication pushes others to work as hard as he does. He is a mentor to all he works with, always breaking out of his work to help those in need and instilling his attention to detail for his trade. He works closely with ABC apprentices and carpenter helpers to share his valuable years of industry knowledge, craftsmanship, and safety practices.

Congratulations Andrew!

Carpenter | Wohlsen Construction Company

THANK TO OUR PRESENTING SPONSOR

On Thursday, May 25, 98 apprentices will graduate from the ABC Keystone registered apprenticeship program, marking a milestone in each one of their careers. The graduates represented 42 companies across seven trade programs (carpentry, construction craft labor, electrical, heavy equipment operator, HVAC, plumbing, and sheet metal).

What an extraordinary achievement for each of these individuals! Reaching this milestone involves hard work, dedication, drive, and commitment to their trade.

This year is ABC Keystone's 50th Apprenticeship graduation ceremony! Since the program's inception, ABC has graduated 2,882 apprentices (including this year's graduates). The program has grown and evolved over the years, adding more trades and steadily increasing the number of enrolled students to a current enrollment of 403 apprentices. Due to the members' steady growth and interest in formally training their staff, ABC has evolved the program into one that now employs both full-time and part-time instructors. The training center expansion, completed in 2015, was considered adequate for training for the foreseeable future. However, the center is nearing capacity only eight years later, with discussions of possible expansion on the horizon.

Thank you to the ABC Keystone staff, instructors, and event sponsors for making graduation one to remember. And to the Class of 2023, congratulations on your accomplishments, and on behalf of ABC Keystone Apprenticeship & Training Trust, we wish you all success and happiness in the future.

Brandon Anchant

Benchmark Construction Co., Inc.

Griffin Baublitz Mowery

Daniel Bisking Waggoner Construction, Inc.

Julian Cruz

J.D. Eckman, Inc.

Johnny Dipini Poole Anderson Construction

Emily Edye Warfel Construction Company

Matthew Flores

Benchmark Construction Co., Inc.

Fidel Hernandez Damian Waggoner Construction, Inc.

Brian James Warfel Construction Company

Noah Lewis Warfel Construction Company

Shane McEnnis Wickersham Construction & Engineering, Inc.

Charles Miller Wickersham Construction & Engineering, Inc.

Morgan Neff Warfel Construction Company

Adrian Nieves-Gonzalez Benchmark Construction Co., Inc.

David Rivera Construction Masters Services, LLC

Charles Rudacille Warfel Construction Company

Jennifer Shaffer

J.D. Eckman, Inc.

Brian Sherwood

Benchmark Construction Co., Inc.

Brendan Skwirut

Wickersham Construction & Engineering, Inc.

Ian Stambaugh

Benchmark Construction Co., Inc.

Brett Travis

Benchmark Construction Co., Inc.

Raymond Wompler Waggoner Construction, Inc.

Jonathan Bernier

J.D. Eckman, Inc.

Isidro Cervantes Ledezma

J.D. Eckman, Inc.

Eric Justick

J.D. Eckman, Inc.

Nathan Kowalishen

J.D. Eckman, Inc.

Julio Perez

J.D. Eckman, Inc.

Esteban Perez

J.D. Eckman, Inc.

Ryan Brown PSQ, Inc.

ELECTRICAL

Robert Campbell Boro Construction

Cory Clites Cyprium Solutions, Inc.

Lee Deihl CV Services, Inc.

Isai DeJesus MVE Group

Austin Dougherty Lancaster Electric, Inc.

Brock Gladfelter Lancaster Electric, Inc.

Duane Hax, Jr. Lancaster Electric, Inc.

Cayden Heiselman D&T Electric, LLC

Kyle Hibshman Lancaster Electric, Inc.

Cole Hitz McCarty & Son, Inc.

Winston Kartoe Lancaster Electric, Inc.

Walter Maldonado-Santiago MVE Group

Philip McClure Cheran, Inc.

Michael McGovern

B.J. Baldwin Electrical/Mechanical, Inc.

Ian Mowery B.J. Baldwin Electrical/Mechanical, Inc.

Austin Nelson Garden Spot Electric, Inc.

Joshua Painter Garden Spot Electric, Inc.

Matthew Perry Engles & Fahs, Inc.

David Plum

The Farfield Company

Justin Roman

Brandyn Smith

Lancaster Electric, Inc.

Donald Smith

The Farfield Company

Gregory Smith B.J. Baldwin Electrical/Mechanical, Inc.

Evan Williams

CARPENTRY CONSTRUCTION CRAFT LABOR ELECTRICAL HEAVY EQUIPMENT

Tait Towers Jacon Groff Flyway Excavating, Inc.

Seth M. Clauser Walton & Company, Inc.

Jacob N. Dubs Bortner Bros., Inc.

Carmen A. Duca

James Craft & Son, Inc.

Wally Eshenaur

W.C. Eshenaur and Son, Inc.

Brandon Herbst Bortner Bros., Inc.

Trevor Kline

Ames Construction, Inc.

David Myers Bortner Bros., Inc.

Aaron Nolt

Weaver Energy

Edgar Perez Walton & Company, Inc.

HEAVY EQUIPMENT OPERATOR

ELECTRICAL

CARPENTRY & CONSTRUCTION CRAFT LABOR

Bennett Scheff

Rylan Schmidt

Mervac Plumbing & Heating, Inc.

Zachary Stein Walton & Company, Inc.

Justin Strausbaugh Haller Enterprises

Ethan L. White Triangle Refrigeration Co.

PLUMBING/PIPEFITTING

Richard Barnhart

Frey Lutz Corp.

David Barth

James Craft & Son, Inc.

Eric Baxter Wile Plumbing, Inc.

David Claybaugh

Allied Mechanical, Inc.

Caleb Dubs Bortner Bros., Inc.

Zachary Hagerman

James Craft & Son, Inc.

Jonathan Hollinger

James Craft & Son, Inc.

Leah Hoptak

James Craft & Son, Inc.

Miles Husbands

Custom Plumbing & Heating, Inc.

Kevin Jefferson

B.J. Baldwin Electrical/Mechanical, Inc.

Derek Kline

North Bay Mechanical LLC

Adam MacFeat

Frey Lutz Corp.

Nathaniel Mummert

James Craft & Son, Inc.

Ian Mummert

Spangler & Boyer Mechanical, Inc.

Michael Pacheco

Wile Plumbing, Inc.

Trenton Potts

James Craft & Son, Inc.

Andrew Riehl CCS Building Group

Moises Rodriguez Kline’s Services, Inc.

David Sager Wile Plumbing, Inc.

Lucas Teare James Craft & Son, Inc.

Gabriel Vazquez, Jr. SMR Mechanical, LLC

Joseph Vergantino The Witmer Co.

Wyatt Vugrinec W.C. Eshenaur and Son, Inc.

Alexander Wagner B.J. Baldwin Electrical/Mechanical, Inc.

Nicholas Wee Brubaker, Inc.

Nickolas Young James Craft & Son, Inc.

SHEET METAL

Daniel Cole

Sheet Metal Specialists, LLC

Trenton Rastovac

Sheet Metal Specialists, LLC

Jacob Sager

Walton & Company, Inc.

Nicholas Suknaic

Sheet Metal Specialists, LLC

SHEET METAL

Construction Management Students Place Fourth Nationally

A complement of Pennsylvania College of Technology students recently traveled to Kissimmee, Florida, for the 2023 Student Chapter Construction Management Competition, placing fourth overall after diligently persevering through three rounds of toil and scrutiny.

Teammates, all enrolled in the college’s four-year construction management major, were Noah H. Jumper, of Shippensburg; Conor B. Laraia, of Chambersburg; Todd I. Lavish, of Chester Springs; Danielle E. Malesky, of Biglerville; and Michael Messina, of Nazareth. The students placed second in Safety, and fourth in Estimating, Project Management and Quality Control.

“The students worked tirelessly for the two months leading up to the travel,” said Wayne R. Sheppard, associate professor of construction management, who also served as team coach and chauffeur. “They spent hundreds of hours working through all of the challenges, then did very well during both stages of the competition in Florida. I am very proud of all of their efforts but was also proud of how they took advantage of the networking and other professional development opportunities during the trip.”

As one of 21 contenders in the competition during the Associated Builders and Contractors’ annual convention, held this year in the Gaylord Palms Hotel and Resort, the Penn College group was

handed a request for proposals to provide various transformative spaces for students and faculty at Lake Highland Preparatory School’s Center for Innovation & Academics.

The project site – a 70,000-squarefoot facility that would host a student union, library, college and career center, administrative offices, innovation hub, various labs and classrooms, a gallery, and study bar – is on the school’s 42acre campus in downtown Orlando and is in the first phase of an ongoing capital improvement plan.

“I am very proud of what we were able to accomplish,” said Laraia, who noted that Penn College was the only “college” in the mix. All other schools were such biggername institutions as Clemson, Colorado State and Michigan State – as well as Florida International University, which was crowned the overall champion.

“Our second-place finish and consistent fourth place finishes in the other categories shows how well we did. We put a well-rounded proposal together, and that can be seen by our placements,” he added. “The competition can be

demanding at times, taking six weeks of work, seven days a week, most of the time 10 hours or more per day. My team was able to dive into the RFP documents and put their best effort into their work. As captain, I couldn’t have asked for a better team.”

Laraia and Malesky were returnees from the 2022 competition, the first to be held after a COVID-related hiatus. The Penn College team finished seventh at that event, which was in San Antonio.

“As this was my second year competing, I was very excited to improve upon our previous submission from last year,” Laraia said. “It was also important to me to keep the legacy of our program within the competition and encourage future students to compete and represent well. I look forward to hearing about the future teams’ accomplishments and offering my knowledge wherever and whenever needed.”

Source: https://www.pct.edu/news/article/2023/04/27/construction-management-students-place-fourth-nationally

From left are students Danielle Malesky, Todd Lavish, Conor Laraia, Michael Messina, and Noah Jumper. At right is Wayne Sheppard, associate professor of construction management and team coach.

JIM WILLSHIER

ABC KEYSTONE, DIRECTOR OF GOVERNMENT AFFAIRS

Legislation is Coming

While it looks like the plane is being built while it's climbing up in the air, legislators in the state capitol are beginning to move their agenda after a slow start. At the time of writing this article, we have seen bills supported by unions move from the House to the Senate – one to enshrine the right to organize in the Pennsylvania Constitution (and bar state legislators from passing future bills related to employer/employee relations) and another that attempts to address misclassification of employees.

ABC Keystone has been vocal on our position for both bills and genuinely seeking to understand the problem either would solve. HB 950 is a step towards amending the state's Constitution to protect unionizing rights from an organizer's perspective…even though testimony for its proponents recognizes that everyone in the state that wants to join a union has done so and received representation in negotiations. A change to the Constitution doesn't affect that existing right at all. The additional language in the bill that proponents don't discuss is that it bars future legislators from ever passing legislation addressing hours, wages, benefits, safety, etc. If successful, that would have a monumental impact on everyone in the Commonwealth. Several groups join ABC to oppose this bill and question this policy before it moves further.

The other bill, HB 413, for the misclassification of employees, is only focused on ensuring that a contract exists for the work to be performed by the employee. It does nothing to bolster the existing Act 72. It takes no recommendations (good or bad) from the Joint Taskforce on the Misclassification of Employees' report released in December of 2022. Currently, it only focuses on contractual arrangements with employees. Unlike the Constitutional amendment, this bill is curious about what the authors believe will be solved by this approach and will hopefully be stopped in the Senate. If anything needs to be done beyond Act 72, that conversation must take place, and isn't happening now.

The good news is that a bi-partisan bill that ABC Keystone collaborated on with a collection of business groups and advocates will advance our re-entry efforts. HB 689 is a joint effort by Reps. Harris and Delozier to continue their "Clean Slate" legislation from 2018 to seal records for low-level drug offenses to help give individuals a second chance. ABC has participated in press events and supported the bill as it moves forward in the House.

A key component of all these bills and those that will soon come is outreach to our legislators to hear directly from you. Conversations about the bills and our policy priorities continue at Keystone member events, Regional Construction Wake-Up Calls. As a result, we had real opportunities to move beyond the surface of what can help get more people back to work and strengthen our economy.

Please keep following ABC Keystone and join our committees to give us the direct pipeline of reality to our policymakers. No one can be an expert in everything, and your practical knowledge is crucial to help provide context to the decisions they must make when a yes/no vote is put before them. So please take advantage of every opportunity through ABC events, and in any other meetings or events you have to give real experiences to color the policies under consideration every day.

TRICIA PANIAGUA

SR PROJECT MANAGER

tpaniagua@coralreefpartners.com | 201-694-5177 www.coralreefpartners.com

Tell us about your company?

Coral Reef Partners (CRP) is a nationally recognized solar company based in Hershey, Pennsylvania, serving the Mid-Atlantic region. Operating under a 100% self-performance model, CRP is your solar partner from design to financing and construction; we are there every step to help you find the right solar solution.

CRP is a subsidiary of Keystone Clearwater Solutions that supplies natural gas production, municipal, and industrial customers with customized water and wastewater management services throughout the Northeast United States. Many companies in these industries are interested in solar solutions for their energy needs. Recently, Keystone Clearwater also launched a new division, FieldForce Equipment Sales & Rental, which provides sales, rental, and service of Atlas Copco pumps, compressors, and generators. FieldForce also provides tanks, temporary piping, filtration equipment, light plants, and heaters.

Our team of experts has allowed Coral Reef Partners to build long-term successful business relationships with clients across a broad spectrum of industries.

How did you get involved in the industry?

I've been Coral Reef or one year. After working 23 years in my previous company, I wanted to be a part of something that was both challenging and rewarding. Working alongside our amazing team at Coral Reef and being a part of an industry which helps the world run on clean, renewable energy has done that for me.

Did you know?

CRP has delivered 300 clean energy projects and 100 megawatts of solar capacity over the last decade.

For inclusion in future issues of the Merit Shop Spokesman, please send your Membership Spotlight to emily@abckeystone.org

PERSPECTIVE

Mike Mullen, East Coast Sales Consultant Beneco, part of FuturePlan by Ascensus

Impacts of the Inflation Reduction Act on Contractors in PA

The Inflation Reduction Act is here. We all have our thoughts on it but, there are some important things for contractors to be aware of regarding the legislation as public work picks up.

Tax Credits - yes, the government is giving contractors tax credits to work on projects that fall under the clean energy initiative that the Inflation reduction Act aims to support as of January 29th, 2023. A few examples include but are not limited to:

• Alternative Fuel Refueling Property Credit

• Production Tax Credit

• Credit for Carbon Oxide Sequestration

• Credit for Production of Clean Hydrogen

• Clean Fuel Production Credit

(Consult the DOL for more information regarding exactly how much these credits are worth and where to bid on these jobs)

To qualify, certain guidelines must be met. Those two guidelines relate to utilization of apprentices and Prevailing Wages.

Per the guidelines, any contractor working on projects under the Inflation Reduction Act must ensure that both the proper ratio of qualified apprentices is utilized and that prevailing wages are paid to workers for the duration of the project. Pennsylvania's regulations say non-joint (merit shop) programs are required to have 4 journeyworkers employed per apprentice, after the first apprentice is hired. In simple terms, a 4:1 ratio of workers to apprentices on any qualified job site.

Prevailing Wages are a combination of standard hourly pay and fringe benefit dollars paid to specific classes of employees. They apply to any person on a public works job site whose responsibilities are manual or physical in nature. Essentially, anyone on a job site doing physical

labor or operating machinery. The law states that the prevailing wage fringe dollars can be paid as either cash on a check or, the cash value of the fringe dollars into benefits such as a 401(k), Health & Welfare, Vacation Pay/PTO or qualified apprenticeships. There are significant tax advantages to utilizing fringe dollars to fund benefits.

An important note to consider with Prevailing Wagesthe certified payroll reporting and general oversight of public projects are heavily monitored and scrutinized. A hot topic you may have seen per chapter president Dave Sload speaks on what can happen for something as simple as a worker misclassification. Penalties can be severe and can result in prison time. The benefits of working on Prevailing Wage projects in addition to these tax credits include higher average base pay and steady work during economic downturns. (The government is funding public projects for infrastructure heavily under President Biden’s Infrastructure Bill from 2021). With respect to the regulations and heavy scrutiny on Prevailing Wage projects, you will want to make sure you take advantage of all tools at your disposal to make sure you can bid on, win and stay working on the projects under the Inflation Reduction Act.

There are people and resources within the chapter who can help navigate the process and keep you compliant. Do not hesitate to reach out to chapter leadership to point you in the right direction or, reach out to those individuals directly. We all want to see our fellow members succeed, stay working and take advantage of as many of these tax credits as possible.

For inclusion in future issues of the Merit Shop Spokesman, please send your YP Perspective to:

emily@abckeystone.org

ASK AN ATTORNEY

Understanding Workers’ Compensation Immunity and Waiving It Through Indemnification Provisions

By: Jonathan A. Cass, Esq. and Joseph L. Sine, Esq. Cohen Seglias Pallas Greenhall & Furman PC

Workers’ compensation immunity not only protects employers from personal injury and wrongful death lawsuits brought by their employees, but it also prevents third parties from joining the employer to a lawsuit commenced by the employee. However, contractors should be aware that they usually are asked to waive the protection against third-party lawsuits stemming from their employee’s injuries in their contracts. Because personal injury and wrongful death lawsuits are one of the largest risks on a construction project, contractors should be aware of the contract language that results in waiver while negotiating their contracts.

The Pennsylvania Workers’ Compensation Act (the Act) governs how an employer compensates an employee for a work-related accident. Pursuant to the Act, every employer must compensate its employees for any personal injury or death sustained in the course of their employment without taking into account the employee’s negligence. For this reason, employers maintain workers’ compensation insurance to cover workers’ compensation claims. Critically, an employee’s exclusive remedy (with a few exceptions) against their employer for injuries or death suffered in the workplace is through the workers’ compensation system provided by the Act. Thus, an employee generally cannot sue his or her employer in court for negligence. This principle is generally referred to as “workers’ compensation immunity.”

Workers’ compensation immunity not only protects an employer from a lawsuit commenced by its employee, but it also protects an employer from being joined to a lawsuit filed by an employee. By way of hypothetical, imagine a subcontractor’s employee slips and falls at a construction site. After collecting his worker’s compensation benefits, the employee sues the general contractor for creating an unsafe work environment, which he claims caused severe and debilitating

injuries. Under normal circumstances, a general contractor is not permitted to join the subcontractor to the lawsuit because it is immune under the Act. However, the Act has an exception to this rule: if an employer expressly provides in a written contract that it shall be liable for damages, contributions, or indemnification of an employee’s claims against a third party, it may be joined and ultimately found responsible for the employee’s damages. While Pennsylvania courts have strictly construed this exception to prevent parties from relying on general waiver language, most sophisticated owners and contractors now include language in their standard contracts sufficient to waive workers’ compensation immunity.

For example, most construction contracts include an indemnification clause that explicitly references the waiver of the protections afforded by the Act, stating that the contractor “agrees to waive the immunity that the Workers’ Compensation Act provides to employers against indemnity claims by parties such as Owner.” Sometimes, the indemnification provision merely states that the employer agrees to indemnify the third party for “any claims made by the contractor’s employee for bodily injury, including death.” Under either of these scenarios, a contractor waives its workers’ compensation immunity and is now subject to being joined to the lawsuit via an indemnification claim.

Contractors and subcontractors should consider whether the indemnification provisions in their contracts waive workers’ compensation immunity and prepare for the consequences of either scenario. To ensure your interests are fully protected, please reach out to the attorneys at Cohen Seglias to review your contracts before execution.

Career Development Education, Safety Training & Networking

HAPPY ANNIVERSARY

Congratulations

55 YEARS

Garden Spot Electric, Inc.

35 YEARS

Foundation Building Materials

30 YEARS

Eckert Signs, Inc.

Gooding Group, LLC

GR Mitchell, Inc.

25 YEARS

R.A. Walton & Company, Inc.

15 YEARS

Hutchinson Excavating, Inc.

10 YEARS

K & K Mechanical Services, Inc.

5 YEARS

Montosa Heating & Air Conditioning

Mid Penn Bank

Nexen Construction, LLC

Sweetwater Propane, Inc.

1 YEAR

BlueCollar Business Coach

EOS Worldwide - Bill Stratton

Just Rite Equipment

Lebanon Building Supply

Phillips Workplace Interiors, Inc.

dba CONDIVX

Scheffey Marketing & Communications

SMARTBUILD

•

•

#ABCMeritShopProud

Barley Snyder - Award Winner

Barley Snyder Partner Stacey R. MacNeal was named a “Women of Influence Circle of Excellence” honoree by Central Penn Business Journal. CPBJ’s Women of Influence recognizes high-achieving women for their career accomplishments. The Circle of Excellence award is given to women who have demonstrated sustained achievement, longstanding and notable success in the community, and are leading the way for other women. The judges, consisting of CPBJ’s publisher and editors, are asked to be extremely selective at this stage.

MacNeal is a member of Barley Snyder’s Real Estate Practice Group and chairs the firm’s Land Use practice. She has been practicing law for more than 25 years, regularly representing property owners and developers in all stages of real estate acquisition, financing, operations, development and divestment.

Saxton & Stump Lawyers and Consultants

- New Hires

Saxton & Stump is proud to announce that it has hired attorney Carrie Evans Wilson as senior counsel to cochair the firm’s Title IX Group. Wilson, who previously worked at Saxton & Stump for about six years, will return to take the leadership role in the Title IX Group along with co-chair the Hon. Lawrence F. Stengel (Ret.). Saxton & Stump has also hired Abigail L. Parnell as an associate attorney in the Title IX Group and the Education and Commercial Litigation groups.

Saxton & Stump is pleased to announce the addition of attorney Joel L. Schwartz to the firm’s Philadelphia office. Schwartz brings with him more than 20 years of experience in business and tax law during which he built a strong transactional and litigation practice, assisting businesses and individuals in complex tax matters. He is a member of the firm’s Business, Corporate and Tax and Franchising, Licensing and Distribution teams. Schwartz also is part of the firm’s

Trusts and Estates Group and the newly formed Family Law Group. He’ll work out of the firm’s Philadelphia location – which is soon moving into an expanded space. He will still work out of the firm’s Linwood, N.J., office, as well.

Saxton & Stump has announced the hire of two attorneys to fill vital roles in the Greater Philadelphia area. Terri Pawelski joins the firm as an equity shareholder and will be part of Investigations and Criminal Defense Group in the Philadelphia office. She is joined by senior counsel William DeStefano in the Malvern office who will also be on the Investigations and Criminal Defense team. The group is co-chaired by Mark E. Cedrone and the Hon. Lawrence F. Stengel (Ret.). DeStefano and Pawelski are the latest wellrespected and well-known attorneys to join the group that, in addition to Cedrone and Stengel, already includes Hon. Robert A. Graci (Ret.), Carson Morris, Harlan Glasser and William C. Costopoulos.

Schaedler Yesco Distribution, Inc. Award Winner

Schaedler Yesco Distribution, Inc. received the Siemens Business Excellence Eagle Award that recognizes the top 25 performing channel partners in the United States.

The award is Siemens' highest recognition and considers sales volume, year-over-year growth, market share, and marketing events. This is the second time Schaedler Yesco has received this recognition. The company was previously awarded the Siemens Business Excellence Eagle Award in 2018.

For inclusion in future issues of the Merit Shop Spokesman, please send your press releases to: rebecca@abckeystone.org

John Wright Restaurant, Wrightsville