The Merit Shop Spokesman - July 2022 - ABC Keystone

Merit Shop The

July • 2022

Spokesman A Monthly Publication of ABC Keystone

Elections Have Consequences

2

Celebrating FREEDOM

3

The Changing Face of Construction

11

ABC Keystone Leadership 2022 Executive Committee:

CHAIR of the BOARD – Keith Eldredge, CPA, RKL

CHAIR-ELECT – Steve Conway, Pyramid Construction Services, Inc., A Quandel Company

1st VICE CHAIR – John Lehmann, Poole Anderson Construction, LLC 2nd VICE CHAIR – Guy Kingree

SECRETARY – Steven Kearns, James Craft & Son, Inc

TREASURER – Timothy A. Kershner, CPA, Walz Group

IMMEDIATE PAST CHAIR – Cleo Weaver, Delainco Realty, LLC

2022 Board of Directors:

Eli Ace, Nexen Construction, LLC Robb Beiler, Quality Buildings LLC Jeff Bright, Saxton & Stump Lawyers and Consultants Roger S. Brubaker, Meadow Valley Electric, Inc. Douglas M. Dvorchak, Murray Ed Engle, Smucker Company Joe Finkey, Martin’s Flooring, Inc. Brian Floyd Wayne Fuhrman, The Witmer Group Michael B. Funck Ken Funk, Arthur Funk & Sons, Inc. John H. Hykes II, B&B Integrations David H. Oblender, Engle-Hambright & Davies, Inc. James Stephens, CFSP, 11400 Inc. Bethany Tesché, Houck Services, Inc. Jan L. Wagner, Wagman Construction, Inc.

G. David Sload, President-CEO

ABC Keystone | 135 Shellyland Road, Manheim, PA 17545 (717) 653-8106 | abckeystone.org The Merit Shop Spokesman is published 12 times a year by Associated Builders & Contractors, Keystone Chapter.

Articles of interest, member news, press releases, and advertising placement requests may be submitted to the Editor: Kristi Pronovost Director of Marketing & Communications ABC Keystone kristi@abckeystone.org (717) 653-8106

Connect with ABC on Social Media! @ABCKeystonePA LinkedIn.com/company/abckeystone/ @ABCKeystone @ABCKeystone

Merit Shop The

Spokesman Contents

2 Message from the Chair 3 Message from the President-CEO 5 Advocacy Update 7 Keystone Chapter Calendar 9 Golf Outing Photos 11 The Changing Face of Construction 13 All 'bout Construction (ABC) Camp 15 Chapter STEP Members 16 C.O.R.E. Sponsors 17 Newest Members & Anniversaries 18 Member Spotlight 19 Member News 21 Ask an Attorney

Elections Have CONSEQUENCES

W

ho is tired of hearing “elections have consequences?” I know I am, but after spending several days in Washington D.C. at the ABC National Legislative Conference, I get it.

ABC National has been tracking several issues and waiting for some of the rules from the current administration to determine the next course of action. Several of these steps include preparing to file suit. The list of items from this administration that ABC opposes is extensive, and I suggest you visit the ABC website to review the list in detail. There are two items that I would like to highlight as they are of great importance to ABC members.

First, there are changes happening at the NLRB. This is extremely frightening as non-elected officials are making changes that will have an impact on many of our businesses.

There was a memo issued by the general counsel for the NLRB changing many of the rules and cases that have been around for over 70 years. What this means is that several practices that the current administration’s NLRB wants changed, can now be changed by them. This is an end run around the PRO Act that has not passed the Senate. Since the Senate cannot get over the filibuster, the NLRB has taken it upon itself to start the implantation of several rules.

The second item on the ABC opposition list is Executive Order 1406. This order requires a PLA (Project Labor Agreement) on all Federal jobs over $35 million. When congress passed the Infrastructure Bill, PLAs were removed to get approval. President Biden put it back in through Executive Order. It is not bad enough to have this requirement simply on federal jobs, but they are now pushing to require PLAs on federally funded jobs as well.

They intend to accomplish this by giving priority to jobs that have PLAs as a requirement for funding. Those that are not including PLAs are less likely to get funded. States are in a bind when they need money to get projects done, and they are forced to include PLAs to receive the funding. For PA, this means 87% of the workforce will not be able to work on these jobs. The current administration says union jobs come in on time and on budget. However, ABC’s statistics show that union jobs are 12-20% more costly and almost never finish on time.

These two list items, the NLRB changes and Executive Order 1406, are two examples where elections truly have consequences. We currently have a governor’s race that will

A Message from the Chair

have significant consequences. If Josh Shapiro gets elected, I believe we could be looking at similar PLA rules here in PA on all jobs and a complete attack on open shop contractors.

Participation in STEP is a great way to specifically address the safety claims by the unions against the merit shop. We have not seen a great influx in STEP applications this year, and we need your STEP data to help advocate for the merit shop contractors. Your data is essential to ABC to help fight for your rights, and to fight against the misinformation the unions have been spreading about merit shop contractors.

As explained by the ABC National staff during Leg Con, this data will go a long way to show how safe merit shop contractors are and helps provide the factual data they need. Please help by completing your applications.

Now, for some good news. On June 14, the ABC National Board of Directors approved a plan to consolidate the ABC Central PA Chapter into the ABC Keystone Chapter.

This newest region has 23 new counties and brings our membership to 626 and growing. We want to welcome our newest members from the former Central Chapter. We are excited to show you the value that ABC Keystone brings and how we can be a valued partner to all members.

“

States are in a bind when they need money to get projects done, and they are forced to include PLAs to receive the funding.

Keith Eldredge, CPA 2022 Chair of the Board RKL keldredge@rklcpa.com (717) 843-3804

2

Hear from the President-CEO

T

his month we celebrate the July 4th holiday, or as the older generation knows it, “Independence Day.” For some, this is just another day off from work. But to many, it is truly the celebration of our freedom, freedom from oppression and tyranny to create a more perfect government. This day is recognized yearly in honor of the formal adoption of the Declaration of Independence. Four months following that, our Constitution was produced. Both documents set us on a path to become the greatest country on earth.

A little over one month ago, we observed another momentous holiday, Memorial Day. Again, this is not just another day off from work. Memorial Day is a not a day of celebration, but a day of remembrance. This is the time we remember all the men and women who have fought and given their life to preserve the freedom we enjoy.

A short time into his storytelling, a younger fellow walked up and listened intently. After a time, he interrupted and stated to the older gentleman, “Thank you for your service, and yes, I too have served in the Navy having just recently completed my service." They were representatives of two different generations, but both were proud to have served for the freedom of this great country. As I sat and listened, it became clear we have lost the fundamental reason we exist as a country. I believe every legislator and politician should have to visit one of our service academies and learn about our true roots. I also believe we are at a time where we need to return to teaching the history of this country, the good, the bad and the ugly. As I often say, "We cannot live in the past, but we need to celebrate it and learn from it."

My daughter came home to visit for Memorial Day weekend. She has an affinity for the Naval Academy in Annapolis, so she asked if we could travel there on that Memorial Day Monday. As she wandered around the grounds taking pictures, I sat on a park bench under a big old tree watching the visitors pass by. I was struck by the number of people—both young and old—and the number of veterans spending their holiday at this historic, quiet place.

As with any trip to the Academy, we always end at the information center/gift shop. Not liking to shop myself, I parked myself on a padded bench in the information area. I watched as an older gentleman using a cane for assistance stood and spoke with the information host.

You could tell by the hat he wore he was a veteran that had served on the USS Woodrow Wilson. He spoke with pride about his time in the Navy, the friendships he had formed, and the brethren he had lost.

3

“

As you celebrate this “Independence Day,” remember the true meaning, the celebration of freedom. Let us continue to fight to make certain that our politicians and other radical groups do not destroy what this country was formed to do, to provide a more perfect union and freedom for all.

"We cannot live in the past, but we need to celebrate it and learn from it."

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

Join ABC at the Nittany Valley Regional Construction Wake-up Call!

Topic: Biden’s ‘Build Back Better’ or ‘Bad for Business Bill’

Prepare Your Business for the ‘BBB!’

July 19, 2022

ABC Keystone’s Nittany Valley Office 898 N Eagle Valley Road Howard, PA 16841

Register online: abckeystone.org

With: Tom Davies, Esq. Harmon & Davies, P.C.

No Cost to Attend!

Advocacy Update Summertime Fun By: David G. Greineder, IOM ABC Pennsylvania Director of Government Affairs

T

he summer is upon us. The legislature completed their work on a 2022-23 state budget, along with accompanying “code bills” that specify how taxpayer dollars are to be allocated. Along with the budget process, the legislature has been quite active on other bills that get negotiated or debated before the summer break.

ABC PA has been engaged during this time on our legislative agenda and working hard internally on a robust strategy for statewide elections. First, the government affairs team has been adding our comments to bills that would benefit our members and voice opposition to bills that will negatively impact our members. Examples include: • House Bill 536 (Barb Gleim, R-Cumberland): This bill would set the “default ratio” in registered apprenticeship to a 3:1 and establish parity between joint and non-joint programs. HB 536 is ABC Pennsylvania’s main priority. We continue conversations with the bill sponsor and others on the importance of the legislation. ABC Pennsylvania supports the bill.

• House Bill 2324 (Carrie Lewis DelRosso, R-Allegheny): This bill requires contactors tied to the construction industry to register with the Department of Labor & Industry. ABC Pennsylvania has voiced opposition to the bill, and it appears unlikely to move.

• House Bill 424 (Todd Stephens, R-Montgomery): This bill prohibits indemnity clauses in construction contracts.

ABC Pennsylvania supports the bill.

• House Bill 1104 (Eric Davanzo, R-Westmoreland): This bill would list contractors and subcontractors working on a project on a building permit, if required by the building code official. ABC Pennsylvania has expressed some concerns about the impact the bill would have on our members.

• Senate Bill 1147 (Devlin Robinson, R-Allegheny): This bill would increase penalties for contractors that violated

5

e-Verify for public work projects. ABC Pennsylvania provided comments on the bill and was successful in making some changes through the amendment process. We continue to question the need for the bill, as the Department of General Services, the agency that oversees public work projects, has found very few violations since the e-Verify requirement was enacted over a decade ago.

• Philadelphia Apprenticeship Licenses: The ABC Eastern Pennsylvania Chapter had a major victory for the merit shop in the City of Philadelphia. The chapter led a successful effort to challenge discriminatory rules by the City to implement more stringent rules on apprenticeship training, going as far as revoking apprenticeship licenses.

The chapter challenged those rules and was successful in getting ALL revoked apprenticeship licenses reinstated with credit of time lost.

Regarding the upcoming elections, the ABC Pennsylvania board approved an action plan specifying how ABC will be engaged in the election. The plan was put together through a work group of ABC members representing all chapters. It is a well-rounded plan that includes partnering with like-minded groups, fundraising, and messaging around how important the upcoming election is to our industry. It is terribly important that we elect candidates that support the merit shop and will support policies that will turn our economy around. We look forward to everyone’s engagement on the long journey before us.

If you have any questions about legislation or ABC’s positions on an issues, please contact David Greineder, IOM, at davidg@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.

Supporting the Future of the Industry Merit Shop Training & Research Center Scholarship Program Assisting individuals seeking to further their education in careers in construction.

Each academic year, scholarships are awarded to 8-12 outstanding applicants. The amount of each scholarship is determined by the Merit Shop Training & Research Center Committee and generally ranges between $1,000 and $5,000 per scholarship. To date, a total of $574,850 has been awarded.

Deadline for applying is February 24, 2023.

To view information on past awards and to download an application (forms coming soon!), please visit the News & Resources section of abckeystone.org.

▪ Applicants must enroll in a trade school, college or university program directly related to a construction career.

▪ Sponsored by Keystone Chapter of Associated Builders & Contractors.

▪ Administered by the Merit Shop Training & Research Center.

▪ Scholarship recipients will be selected by the Merit Shop Training & Research Center Committee solely on the basis of merit and without regard for the race, color, religion, national origin and sex of applicants.

For more information, please contact: stephanie@abckeystone.org

2022 Social Media and Scholarship.indd 1

Attention

Contractors!

Build Your Apprenticeship Team! can help you!

6/6/2022 5:01:02 PM

• Create your own

workforce

through formalized training

• Increase

productivity, safety, and profits

• Expand your workers’

knowledge base

• Bid work more

competitively

For more information: abckeystone.org cindyd@abckeystone.org

CindyD@abckeystone.org5

2019 Apprenticeship Postcard - Contractors.indd 1

7/9/2019 10:42:06 AM

Keystone Chapter Calendar Career Development Education, Safety Training & Networking

July

August

7/6 - Conflict Management - Part of the Professional Development Series 7/7 - American Red Cross Adult First Aid/CPR/AED Certification 7/14 - ABC Keystone’s Casino Night & Silent Auction - ABC National PAC & ABC Keystone PAC Fundraising Event 7/19 - ABC Keystone’s Regional Construction Wake-up Call – Nittany Valley Region 7/20 - Behavioral-based Interviewing - Part of the Human Resources Management Academy 7/21 - Executive Leader Contractor Peer Group (CEO/Owners/Executive Leadership) 7/21 - Rough Terrain Forklift Training

8/2 - ABC Keystone’s Summer Outdoor Mixer - Presented by Saxton & Stump Lawyers and Consultants 8/3 - Providing Quality Customer Service - Part of the Professional Development Series 8/5 - Mobile Elevating Work Platform (Aerial Lift) Training 8/6 - SalesWorks!

8/15 - American Red Cross Adult First Aid/CPR/AED Certification 8/16 - ABC Keystone’s Safety Recognition Breakfast - Presented by Cohen Seglias Pallas Greenhall & Furman PC 8/17 - Employment Assessments - Part of the Human Resources Management Academy 8/22 - OSHA 10-Hour Construction 8/26 - Rough Terrain Forklift Training

Register Today!

abckeystone.org

Save the Date!

9/22 & 9/29 - ABC Keystone’s Clay Shoots - 2 Locations!

Presenting Sponsors Available!

10/13 - ABC Keystone’s Tailgate Party Presented by Barley Snyder 11/10 - 33rd Annual Excellence in Construction Awards Presenting Sponsor Available!

We Can CUSTOMIZE TRAINING for Your Team's Unique Needs!

7

CONTACT US TODAY! (717) 653-8106

Barbara Holtzapple barbara@abckeykstone.org

ABC Keystone’s Safety Breakfast Presented by: Tuesday, August 16, 2022

Network with ABC Safety Leaders

7:30 am: Breakfast 8:00 – 9:30 am: Program & Safety Forum at ABC Keystone Headquarters, Manheim

Celebrate Commitment to Safety! Includes Safety Forum!

Register Online: abckeystone.org

Test Your Clay Shooting Skills & Network with ABC Members!

Choose your location or attend both!

Thursday, September 22, 2022

Thursday, September 29, 2022

at Central Penn Sporting Clays, Wellsville

at Shenecoy Sportsmen, Huntingdon

9 am & 1 pm flights; 50 rounds

1 pm flight; 100 rounds

Register: abckeystone.org

9

12

View all team photos on Facebook!

Thank You To Our Sponsors!

Beverage Cart Sponsors:

Ball Sponsor:

Beverage Sponsor:

Presenting Sponsor: Thank you to our Sponsors!

Lunch & Dinner Sponsors: Acuity Advisors and CPAs, LLP Barley Snyder C Mechanical Services CB Construction Services, Inc. CV Services, Inc. DeRock Electric Company ElecTech Contracting, Inc. Engle-Hambright & Davies, Inc. Garrety Glass, Inc. Grudi Associates Gunn-Mowery LLC Harmon & Davies, P.C. Hess Auctioneers, LLC

High Construction Company Horst Construction Co. Hursh Painting Co., Inc. Martin's Flooring, Inc. Meadow Valley Electric, Inc. M. Potteiger, Inc. Providence Engineering RKL Smucker Company Trout CPA Versapros, LLC Wickersham Construction and Engineering, Inc.

Share your photos on social media!

Iron Valley Golf Club

June 7, 2022

ABC Keystone's Golf - More golf photosNittany - Keystone or Valley Golf Outing NVR June 23, 2022 Dubois Country Club

DuBois Granite & Quartz First National Bank Foundation Building Materials Glenn O. Hawbaker, Inc. GM Equipment, Inc. Groff Tractor & Equipment, LLC K.C. Larson, Inc. Keller Engineers, Inc. Kessel Construction, Inc.

Leonard S. Fiore, Inc. Milwaukee Tool Company Paramount Contracting, Inc. Poole Anderson Construction, LLC Silvertip, Inc. Strouse Electric, Inc. USI Insurance Services

Thank You to Our Sponsors!

10 4

The Changing Face of Construction

A

By Babatunde Onadele Jr., Construction Executive Contributor

s we are all very aware, the topic of increased inclusion, diversity, and equity in all industries is an open conversation that has gained continued traction over the last few years—and rightfully so. In the construction industry alone, minorities (excluding women) make up less than half of the American workforce. In fact, according to the U.S. Bureau of Labor Statistics, minorities account for just 41% of the construction workforce overall, and of them, only 6% are Black. Clearly, we are at a turning point and there exists many opportunities to affect change and make impact.

Most firms recognize there is a need for greater diversity in construction, not simply as an attempt to increase representation, but because there is an inherent desire to continue evolving, growing and expanding. Different perspectives strengthen a company and fuel greater innovation, particularly in an industry that historically has had some wide gaps. So, what can be done to fill those gaps? How can the construction industry unite to raise the bar on diversity?

11

And in the construction industry, such support can inspire team camaraderie and promote project success.

To this end, recruiting is a critical and viable step toward increasing diversity. It is important for firms to examine where they are sourcing new hires and take appropriate steps to ensure they are reaching as broad an audience as possible. To assist in such efforts, intentional goals must be set. Any actions taken should be continually evaluated, measured and adapted as often as necessary. Furthermore, all progress made—even the most incremental—should be shared openly and celebrated widely across an organization on an ongoing basis.

For change to be truly effective, it must be driven from the top. Even so, it would be naïve to expect that change of this magnitude will happen overnight. That said, there are initiatives that can be implemented in the short term that will have lasting and long-term impact on increasing diversity in construction.

It can be argued that increasing representation— hence, diversity— starts with recruiting.

However, it begins with education.

Construction has long been known as a hazardous, handson industry. What many people outside of the construction world don’t readily realize are the possibilities that exist for success—in the field and the office. And as the industry faces the threat of a skilled labor shortage, now is the time for employers to align with industry organizations and local middle and high schools, particularly in more diverse communities, to educate and inform today’s youth about the growth potential and personal gratification that come with a career in construction. Doing so will help pave the way for an increased recruiting pool, which in turn will enable firms to organically broaden their employee base.

First and foremost is representation. Shared experiences are highly influential and can have a profound effect on uniting colleagues. As President Biden validated in his speech following Judge Ketanji Brown Jackson’s recent confirmation to the Supreme Court, “… it’s a powerful thing when people can see themselves in others.” Overall, diverse representation instills a sense of open objectivity and can boost confidence among employees, partners, and clients.

Above—and driving—increased education and recruiting efforts is the mindset shift that is required to truly affect change in this capacity. This can be summed up in a (relatively) recently coined, yet very poignant phrase: conscious inclusion. Making a concerted effort to increase diversity at all levels will have lasting positive impact overall. The benefits are many and range from employee fulfillment and increased retention to more successful

“

project and leadership teams that can impart varied perspectives, experiences, and ideas for problem-solving.

Quite clearly, as the mindset about and in construction shifts and diversity increases, the industry will continue to evolve, offering the ability for a broader pool of talent to share in the benefits that, to date, have been enjoyed by a largely Caucasian population.

There is no denying that in today’s world there exists an opportunity for greater diversity, better equity and deeper inclusion overall. As Ralph Waldo Emerson wrote, “Life is a journey not a destination.” The same can be said about increasing diversity. As far as the construction industry is concerned, the options for success are actually quite diverse within themselves. So now is the time to not only inspire and encourage more minorities to examine the endless possibilities available to them through a career in construction, but also put the measures in place to ensure that this industry is inclusive, supportive and a secure platform on which they will thrive.

Making a concerted effort to increase diversity at all levels will have lasting positive impact overall.

Onadele, Jr., Babatunde. “The Changing Face of Construction.”

Construction Executive, 31 May 2022, https://www. constructionexec.com/article/the-changing-face-of-construction.

Construction Executive is a publication of Associated Builders and Contractors. Copyright 2022. All rights reserved.

Interested in joining ABC Keystone's Inclusion, Diversity & Unity Committee?

Contact: barbara@abckeystone.org

Managed Success for Your Construction Industry Business What if someone could do it all for you?

Grudi can! Through our Managed Mobility, Managed Telecom & Managed IT solutions.

Enjoy enhanced capabilities, lower costs and more time for critical priorities.

MANAGED MOBILITY

MANAGED TELECOM

MANAGED IT

• Up To 35% Cost Savings

• Up To 25% Lower Cost

• Optimized Cloud Migration

• Greater Staff Efficiency

• Improved Productivity

• Premium USA Help Desk

• Onsite Device Deployment

• Streamlined Bill Payment

• Microsoft Licensing Savings

• 100% USA Support

• Project Management

• Less Down Time, and more

& Technology Deployment • Ensured Compliance, and more

& Support • Lower IT Costs • Compliance Driven, and more

We provide Mobility, Phones, Data, Broadband, Cyber Security, Cloud, Consulting and much more, tailored to the special needs of the construction and engineering industry.

Get a demo and find out more at grudiassociates.com.

12

View more photos on Facebook!

Thank you to all member companies hosting jobsite tours during the Keystone Chapter's All 'bout Construction (ABC) Camp: The Farfield Company, Warfel Construction Company, Quality Buildings LLC, and Wohlsen Construction Company.

We also greatly appreciate our volunteers who spent time in the shop assisting the campers with their creations. ABC Keystone’s All ‘bout Construction Camp is made possible through the support of the Lancaster County Workforce Development Board, the county’s leader and active partner in workforce development efforts.

13

June 13-16, 2022

22

BETTER MORE PREPARED

Insurance & Bonding Risk Management Health Benefits Wealth Management 3rd Party Administration

SECURE

We give you a strategic advantage to anticipate and prepare for future challenges, opportunities, and growth.

717.397.9600 | 800.533.5271 For more information: murrayins.com cindyd@abckeystone.org

Call our Construction Services Division

Continuing Education by Lorman Education Services ABC Keystone members receive a 15% Lorman discount rate on all live or on demand webinars, memberships, reports, white papers, audio and manual packages and all other Lorman-sponsored training available on the ABC Keystone Lorman page.

• Live seminars • Webinars • On-demand products

• Cost effective • Convenient • CEUs available

Wide variety of topics available:

Construction, Financial Reporting, HR, Legal, Project Management, Professional Development, Safety, and more!

Call 1-866-352-9539 or register at: lorman.com/training/abckeystone Mention Priority code 16007 and discount code T7434343

14

Congrats to ABC Keystone's 2022 STEP Recipients!

As verified by ABC National as of June 2022 Watch future Merit Shop Spokesman issues for updates!

Diamond:

11400 Inc. Allan Myers Commonwealth Fire Protection Co. DeRock Electric Company Quandel Enterprises, Inc. Platinum:

Benchmark Construction Co., Inc. CB Construction Services, Inc. CLARK, Inc. James Craft & Son, Inc. Arthur Funk & Sons, Inc. Garrety Glass, Inc. Hursh Painting Co., Inc. Legacy Electrical Services, Inc. Leo Kob Co., Inc. Smucker Company The Tri-M Group, LLC

Gold:

Poole Anderson Construction, LLC Warfel Construction Company Zartman Construction, Inc.

15

Silver:

Allied Mechanical & Electrical Bertolet Construction, LLC C.M. High, Inc. Leonard S. Fiore, Inc. John E. Fullerton, Inc. Hayden Power Group High Construction Company Johnston Construction Company Mowery Paramount Contracting, Inc. M. Potteiger, Inc. EG Stoltzfus Construction, LLC Talent Corporation, LLC Vision Mechanical, Inc. Wagman Construction, Inc. Wohlsen Construction Company

Bronze:

B&B Integrations C Mechanical Services ESCO Security Galbraith/Pre-Design, Inc. D.E. Gemmill, Inc. Kauffman Kitchens Meadow Valley Electric, Inc. Speedwell Construction, Inc. The Tuckey Companies White Rose Interiors, LLC H.L. Wiker, Inc.

Is Your Company on this List?

Get started with your application today!

abcstep.org

Those enrolled

by July 1 will be recognized at the August 16 Safety Recognition Breakfast presented by Cohen Seglias Pallas Greenhall & Furman PC! Register at: abckeystone.org

Thank You, 2022 C.O.R.E. Sponsors!

ABC Keystone C.O.R.E. Sponsors are Committed to Member Resources!

Join the C.O.R.E members of ABC in 2023!

SAPPHIRE:

James Craft & Son, Inc.

PREMIER:

Benchmark Construction Co., Inc. H.B. McClure Company Murray

Walz Group

Warfel Construction Company

PLATINUM: B & B Integrations

Flyway Excavating, Inc. Frey Lutz Corp.

Arthur Funk & Sons, Inc.

McConkey Insurance & Benefits Mowery

Poole Anderson Construction, LLC Quandel Enterprises, Inc.

Saxton & Stump Lawyers and Consultants

Speedwell Construction, Inc. Wagman Construction, Inc.

Seven Levels to Fit Your Company’s Needs

GOLD:

Contact emily@abckeystone.org or (717) 653-8106

Acuity Advisors and CPAs LLP Barley Snyder C Mechanical Services CB Construction Services, Inc. CV Services, Inc. ElecTech Contracting, Inc. Engle-Hambright & Davies, Inc. Garrety Glass, Inc. Grudi Associates Gunn-Mowery LLC Harmon & Davies, P.C. Hess Auctioneers, LLC High Construction Company Horst Construction Co. Hursh Painting Co., Inc. Martin’s Flooring, Inc. Meadow Valley Electric, Inc. M. Potteiger, Inc. Providence Engineering RKL Smucker Company Trout CPA Versapros, LLC Wickersham Construction and Engineering, Inc.

SILVER:

Associated Products Services, Inc. Bertz, Hess & Co.

Brown Schultz Sheridan & Fritz C. S. Davidson, Inc.

Clark Associates, Inc.

ECS Mid-Atlantic, LLC Fulton Bank

D.E. Gemmill, Inc.

Howells Glass Co., Inc. Leer Electric, Inc.

McKonly & Asbury

ONYX Design and Consulting, LLC Paramount Contracting, Inc. Superior Walls By Weaver Walton & Company The Witmer Group

BRONZE:

Haller Enterprises

David Miller/Associates, Inc. Remco Inc.

Stonebridge Financial Group

Wohlsen Construction Company

The ABC Keystone C.O.R.E. Sponsorship Program features flexible spending dollars in a convenient, value added, marketing, events, education, and training package that allows member companies to increase their exposure in the Chapter while saving money and making sponsorship decisions once for the entire year.

Contact Emily Winslow at the Chapter office: emily@abckeystone.org or (717) 653-8106

Welcome to ABC's Newest Members!

Thank you for your support of the merit shop mission!

H&H Graphics, Inc. d/b/a The H&H Group Mike Williams Vice President 854 North Prince Street Lancaster, PA 17603 ph. (717) 393-3941 mike@thinkHH.com Sponsor: Scott Charney, Bench Dogs

Overhead Door of Philadelphia Eric Kessler Vice President of Sales and Division Manager 798 Haunted Lane Bensalem, PA 19020 ph. (215) 756-1676 eric.kessler@ohdphiladelphia.com

Our Members Say It Best!

"We love all the ABC info.

It makes us feel like we are not alone in this crazy ordeal! We appreciate you and all that you're doing for us."

Phillips Workplace Interiors, Inc. d/b/a CONDIVX

Stacy Zeiders Director of Operations/VP of Sales 6345 Flank Drive Suite 1200 Harrisburg, PA 17112 ph. (717) 607-3082 szeiders@condivx.com Sponsor: Steve Conway, Pyramid Construction Services, LLC, a Quandel Company

View a searchable membership directory at abckeystone.org!

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

- Steve Hogue, Top Ridge, Inc.

Happy Anniversary!

55 Years:

30 Years:

Hanover Concrete Co., Inc.

Pennsylvania College of Technology

Houck Services, Inc.

Geisinger Systems Services

45 Years: 35 Years:

K.C. Larson, Inc. Flyway Excavating, Inc.

15 Years: 10 Years:

Land Grant Surveyors, LLC CB Construction Services, Inc. Cedar Electric, Inc.

Congratulations

17 7

5 Years:

to these members celebrating milestone anniversaries in July 2022!

1 Year: Actalent ADP Anderson Pro Painting Benchmark Site Development Garvey Roark, LLC Presence Bank Tree Services by Carl Harper

Whitley East, LLC

Yale Electric Supply Co.

Member Spotlight

Edwards Business Systems

Tell us about your company!

Edwards Business Systems (EBS) began as a typewriter repair and exchange company in 1954 in West Reading, PA and has constantly been adapting in every one of our 68+ years in business. By responding to our clients' needs and recognizing the constant changes in our industry, we have grown from a single storefront providing office supplies and typewriters to one of the largest independent office technology companies in North America with 14 locations throughout the mid-Atlantic. Our relatively small size and independent ownership has allowed us to be nimble, responsive, and close to our clients and employees.

By adhering to our Core Values – Be Client Focused; Passionate; Respectful; Do the Right Thing and Committed – we have been able to weather the ups and downs of the economy and the world! These commitments keep us motivated to create a responsive company who is easy to work with and a great place to work at, and also recognized as such in Pennsylvania and Virginia. In our third generation as a family business, we are successful because of the value we provide our clients, from start-ups to Fortune 500 firms, the stability and strength of the company for our employees, and the commitment to the communities where we live.

How did you get involved in the industry?

I graduated from college and was working in inside sales/ customer service and was very interested in pursuing a career in outside sales. I interviewed at a local business in Lancaster for an entry level outside sales position in office technology, and 27 years later, I am still working in this industry. I've been with Edwards Business Systems for 16 years.

Nicole Behn VP of Sales-IT Solutions and Services Edwards Business Systems

Direct: (717) 546-4916 Office: 800.992.4426 x1653

Nbehn@edwardsbusiness.com www.edwardsbusiness.com

Did You Know?

When Alberta and Joseph Edwards opened Edwards Typewriter Exchange on April 15, 1954, they started in a small storefront office in West Reading, PA. While Edwards Business Systems and our sister company, Virginia Business Systems (VBS), have 14 locations, we are still operating out of that very first office in West Reading, PA.

18

#ABCMeritShopProud Tom Williams, Reager & Adler, P.C., Retires With appreciation, we acknowledge Tom Williams' retirement from Reager & Adler, P.C., and we thank him for his 26 years of service to the ABC Keystone Board of Directors.

Tom Williams, a shareholder in Reager & Adler, was the longest-tenured 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 was 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 is an active member of ABC Keystone, and in addition to serving on the Association’s Board of Directors he has served as liaison to the Chapter's Legislative Committee.

Congratulations on your retirement, Tom!

#ABCMeritShopProud Barley Snyder Announces Award Winners Barley Snyder partner Maria Di Stravolo Elliott and attorney Lindsey M. Cook were selected as Central Penn Business Journal Women of Influence 2022 award winners. Since its inception, the Women of Influence award has honored women for professional achievement, mentoring and community service. Winners of the award are nominated by their colleagues because their work and style of leadership inspire those around them.

Fifteen Barley Snyder attorneys have been recognized

by Super Lawyers as Pennsylvania Super Lawyers and Pennsylvania Rising Stars for 2022. The organization named seven Barley Snyder attorneys to its 2022 Super Lawyers list: Lauralee B. Baker, William R. Blumer, Jennifer Craighead Carey, Thomas A. French, Latisha Bernard Schuenemann, John J. Speicher, Jill Sebest Welch. Super Lawyers also named eight attorneys to its Pennsylvania Rising Stars list: Lindsey Michele Cook, Derek P. Dissinger, Peter J. Faben, Matthew M. Hennesy, Kevin S. Koscil, Timothy P. Malloy, Elizabeth L. Melamed, Justin A. Tomevi.

Commonwealth Fire Protection Company Announces 2022 Scott & Hoffnagle Scholarship Recipients The top award of $10,000 was presented to Colby Snyder of Reading. Colby will be attending the University of Pennsylvania in Philadelphia studying Chemical Engineering and Physics in the VIPER program. The award of $7,500 was presented to Connor Joyce of Elizabethtown. Connor will be attending Gettysburg College, for Political Science. Three awards (3) for $5,000 were presented. Evan Grove, Hanover will be attending the University of Pennsylvania studying Chemical & Biomolecular Engineering. Michael Singley of Duncannon will be attending Grove City College, studying Mechanical Engineering. Chloe Ann Plesic of York Springs will be attending the University of Pittsburgh in the nursing curriculum.

Four Attorneys Honored from Saxton & Stump Lawyers and Consultants The Lancaster Bar Association has honored four Saxton & Stump attorneys with prestigious awards for their work.

At its member dinner on May 12, the bar association awarded the Hon. Lawrence F. Stengel (Ret.) with the 2020 Achievement Award in recognition of his long and distinguished career as a Lancaster Bar Association (LBA) member. The LBA also recognized associates Kiandra D. Steffy, Jaskirat K. Chhatwal and Lance D. Greene with the association’s President’s Award.

Wagman, Inc. Gives Back and Ranks #1 Business Fundraiser Wagman, Inc. took the top spot on the business leaderboard during 2022’s Give Local York, York County’s largest day of giving. The event this year was held on Friday, May 6. Wagman raised $33,960, with 123 employee gifts donated to 61 participating nonprofit organizations. Aside from monetary contributions, Wagman also held a clothing drive starting the month prior to Give Local York, benefitting Harvest of Blessing, a participating nonprofit.

Share with Your Clients & Colleagues You’re #ABCMeritShopProud to be a Keystone Chapter Member!

Add the ABC logo in your marketing & communications!

Download logo files at: https://bit.ly/ABCKeystoneLogo

Thank you for your support of ABC!

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

22 20

Ask an Attorney

By: Jeffrey C. Bright, Esq.

Saxton & Stump Lawyers and Consultants

HANDLING DEADLINES

for Payment Claims on Construction Projects

M

ost construction companies are aware that they need to pursue a payment claim by a certain deadline. But the reality is more complex, as there are many different deadlines that apply, depending on the circumstances. Each instance requires careful consideration of various different statutes, types of claims, and contract clauses.

Typically, a claim for payment on a construction project will be pursued as a breach of contract claim. In Pennsylvania, the statute of limitations (deadline) for breach of contract is four years. Other states might differ; for example, Maryland provides a three-year deadline.

But the long deadlines for filing a breach of contract claim can give a false sense of complacency, because most claims for payment must be pursued more quickly. Typically, a contractor/subcontractor/supplier will desire filing a mechanics’ lien claim. In Pennsylvania, the statutory deadline to file a mechanics’ lien claim is six months.

Further, if the claimant is a subcontractor, a notice must be given 30 days prior to filing the mechanics’ lien claim, which inherently shortens the deadline by a month.

Mechanics’ liens are state specific, and most states have

similarly short deadlines that might also require advance notice.

The triggering date to measure the deadline for a mechanics’ lien claim is the last date of furnishing labor or materials to the project site. Thus, strong documentation to establish that date will greatly aid the pursuit of payment.

Payment bonds have different, shorter deadlines. Some payment bonds are purely contractual in nature, but others might be statutory. Depending on the specifics of the bond, there might be different deadlines for pursuing payment. Similar to a mechanics’ lien claim, the deadline for pursuing a claim on a payment bond is often triggered from the last date of furnishing labor or materials. But with a payment bond, the deadlines may be much shorter, especially if the claimant is a second-tier subcontractor or supplier. Frequently, a second-tier subcontractor or supplier must notice the claim within 90 days of last furnishing labor or materials; otherwise, the claim is lost.

Ultimately, a payment bond claim must then be filed in court, typically within a one or two-year deadline.

Careful, prudent management of the project should begin evaluating claims for payment once the account and project are 45 days “stale.” The level of vigor in pursuing the claim depends on whether the claimant is still in the progress of performing its work. Once the work stops—for whatever reason, whether due to completing work or a suspension in work, planned or unplanned—any remaining invoices should be promptly submitted, and the claimant should begin evaluating options once the invoice is 45 days old; otherwise, the claimant risks losing its rights to file mechanics’ liens or payment bond claims.

Deadlines to file claims for payment can also be shortened by the contract itself. A contract can expressly shorten the time period for a breach of contract cause of action.

21

For any public work that is under the purview of the Pennsylvania Board of Claims, all contracts include language that reflect the statutory deadlines to pursue claims within six months of the claim arising. These types of claims might need to be noticed and pursued even before the last date of work on the project. Further, public contracts (and many private construction contracts) include intermediary deadlines to notice the claim in advance, prior to filing a final claim in court.

Additionally, nearly all contracts require contractors/ subcontractors to execute partial progressive lien waivers as the work progresses. If not careful, these lien waivers can waive a claim for payment. Similarly, contracts often include waivers of claims upon receipt and acceptance of final payment, unless the claims are preserved in writing at that time. These are standard clauses, because the claimant should be well aware at that time of any amounts still due or potentially claimable. Care must be taken to diligently notice, identify, and preserve amounts or claims that exist while the project is ongoing. This is to preserve the claim upfront, which is different than the outer deadline to file a lawsuit, which might be further down the road.

JEFFREY C. BRIGHT is a shareholder in Saxton & Stump’s Construction Law Group and is active in ABC Keystone, serving on its board of directors. In his construction practice, Jeff represents contractors, subcontractors, owners, construction managers, and design professionals. In addition to handling construction litigation and project disputes, he regularly advises on the preparation, revision, and negotiation of construction contracts for various project delivery systems. He also advises and litigates on insurance coverage and indemnity litigation that can arise during a project.

He can be reached at jcb@saxtonstump.com.

ABC Keystone Members Save!

Member-exclusive Lifelock Discount Program

This is another tremendous benefit of your membership with Associated Builders and Contractors!

To learn more, visit abckeystone.org/ member-benefits or contact: Mike Bachman, Director of Membership, mike@abckeystone.org Your ABC Keystone

Membership Can Pay for Itself with Exclusive Member Discounts!

135 Shellyland Road Manheim, PA 17545

PRESORTED STANDARD US POSTAGE PAID LANCASTER, PA PERMIT #23

Connect with ABC Keystone on Social Media!

• Connect with the Chapter’s growing community • Stay informed on legislative updates • Discover education and training • Register for business development events • Follow the latest apprenticeship happenings Visit abckeystone.org for more! #ABCKeystone

#ABCMeritShopProud

@ABCKeystonePA @ABCKeystone

linkedin.com/company/abckeystone/ @abckeystone