On the Level: SUMMER 2021 QARTERLY PUBLICATION

The Quarterly Associations Publication of: Construction Contractors • Sheet Metal & Roofing Contractors • Fabricators Erectors & Reinforcing Contractors

On the

LEVEL SUMMER 2021

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INSIDE:

24 NUMBER OF WOMEN IN CONSTRUCTION TRADES ON THE RISE

08 EMBRACING THE FUTURE: Construction Industry Sees the Need for 3D Speed and Accuracy

60 CONSTRUCTION IN HV EXPERIENCING POST-PANDEMIC REBOUND

33

Buying a Business? Avoid this Oversight

35

Carpenter’s Training Center Set to Open in Rock Tavern

38

NY Senate Passes Wage Theft Law that Aids Construction Workers

41

Employers Find New Ways to Fill Job Openings

42

Building Electrification & Moving Towards Energy Decarbonization

45

Carpenters Build Little Free Libraries for HV Communities

46

Grand Openings!

48

Golfs Get Back on the Links for CCA 2020 Golf Outing

57

Duties for 401(K) Plan Sponsors are Not Optional

64

Options Given on Route 17 Expansion Study

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Success of Worker Compensation Reform still to be Determined

BOARD OF DIRECTORS Fabricators, Erectors & Reinforcing Construction Contractors Association Contractors Association Daniel J. O’Kane, Jr. – President Justin E. Darrow – Chairman Mark Stier – 1st Vice-President Jake Bidosky – Vice-Chairman Mike Adams – 2nd Vice president Bernie Hillman – Secretary David Campbell – Secretary & Treasurer Daniel Teutul – Treasurer Ron Bloomer Scott Dianis Ira Gold SMACNA of Southeastern NY Jay Harrison Lou Doro – President Joseph Jerkowski James D’Annibale – Vice President Robert Kaehler Steve Mulholland – Secretary James McGowan Daniel C. Harden – Treasurer Joseph Perez Mark DiPasquale – Past President Paul Taphorn Richard K. Berg Alfred D. Torreggiani Dom DiVesti Charlotte Van Horn Walter “Chip” Greenwood Bill Haskel Dennis Lavopa, Jr.

ON THE LEVEL:

Association Staff: Alan Seidman – Executive Director Barry Lewis – Vice President of Communications Patty Dalton – Executive Assistant Millie Rodriguez – Administrative Assistant

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UPCOMING EVENTS The CCA welcomes our members and guests to a full schedule of direct networking events in 2021, including TWO Golf Outings, while at the same time adhering to state safety guidelines.

Still to Come The Quarterly Construction Associations Contractors Publication • Sheet Metal of: & Roofing Contra ctors • Fabric ators Erecto rs & Reinforcing

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of the International Hermes Gold Award To contribute stories, advertise in future publications, or learn more about our products and services contact: Barry Lewis, Editor: blewis@ccahv.com Patty Dalton, Advertising: pdalton@ccahv.com Magazine design and creative services by FisherMears Associates Marketing Communications 845-562-4280 info@ccahv.com ccahv.com 330 Meadow Avenue, Newburgh, NY 12550 4

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ANNUAL LOBSTER BAKE Wednesday, September 1 Pavilion at Laborers Local 17 ANNUAL CCA DINNER Thursday, October 14 Powelton Club in Newburgh Featuring guest speaker Retired Marine Corps Lt. Col. Robert J. Darling, who grew up in Newburgh and later was a White House Airlift Operations Officer who was in the White House Bunker during the attack on America on 9/11/01.

Tickets are limited.

Mark your calendar for the CCA ANNUAL HOLIDAY GET-TOGETHER & CHARITY EVENT Monday, November 29 Powelton Club in Newburgh For any updated information on all upcoming CCA events, please visit our website, www.ccahv.com or call 845-562-4280

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Phone: (845) 223-5115 Fax: (845) 223-3721

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DIRECTOR’S MESSAGE Technology has its benefits – and its pitfalls Our summer issue highlights the use of technology in the construction industry. It is great to be dealing with normal business issues for a change instead of the challenges of COVID-19.

Barry Lewis, our Vice President of Communications, has worked with some of our members to gain perspective on how they have integrated technology into their business to improve their product and productivity. There are many programs, products and apps available to help you and your employees in a variety of tasks.

When I was in college and computers were so big, you had to build a room for them, I had a summer job at IBM, East Fishkill. Following college, I went to Mount Saint Mary College in Newburgh and took a night course in programming. Back then, I thought I was pretty far on the knowledge trail of technology and had one of the original Commodore computers. BUT, the IT world has left me in the dust! Like many of you, I now have to ask my kids for way too much help with computer and technology issues.

As Barry tells the stories of how our members have made the most of technology, the cranky old guy in the room (me) cautions about the productivity and human costs of technology. When Barry started at CCA 2 years ago (and congratulations for a great 2 years), he told me I needed an on-line presence and set up Facebook and LinkedIn accounts for me. My children, knowing how averse I was to social media, called me and said someone had stolen my identity and set up accounts in my name. It took a while to convince them, it was really me. Two years later, the accounts still exist - unused and untouched. I consider them to be a timewaster that decreases productivity for me (not speaking for the world, just me). I don’t need to know who took pictures on vacation, what they ate at the restaurant they tried, or who is celebrating X number of years at their job (Barry excluded of course).

The use of drones and 3D laser scanning on job sites for survey and engineering, as well as the other technologies highlighted in this issue are a boon to our field. The cost of personal devices during the workday (e-mails, texts, and phone calls) can be a tremendous cost (including safety risks if someone is working distracted and trying to multi-task) and must be monitored.

The other cost of technology is the lack of personal communication. Relationships help build, grow and maintain your business. When everything is done via e-mail or text, the relationship is non-existent. You won’t have a client coming back to you because of a relationship, but rather every job will be strictly cost basis. I’ve heard from many and it seems to be that way already.

As you use technology to increase productivity and quality, I just urge you to watch the unseen costs that go with it.

Wishing you a productive and safe summer!

Alan Seidman Alan Seidman Executive Director

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Andrew Romulo, Existing Conditions Scan Technician with Printeks 3D Construction Documentation Services of Montgomery wearing the 360-Degree helmet camera and by the 3D Laser Scan.

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E M BR A C IN G T H E

CONSTRUCTION INDUSTRY SEES THE NEED FOR 3D SPEED AND ACCURACY

By Barry Lewis, Vice President of Communications for CCA

Lasers have been a mainstream part of life – from epic battles in science fiction movies to useful applications in industries like manufacturing.

Nevertheless, while the technology has been a bit slower to hit the construction industry, 3D laser scanning is quickly becoming a staple on sites around the world.

continued...

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Embracing the Future: Construction Industry Sees the Need for 3D Speed and Accuracy

Specifically, laser scanning, also known as high-definition

will show you the mass volume of this wall and you can

surveying (HDS) or reality capture, is a means of using a

make assumptions from that information and decisions can

laser to map an area with high accuracy.

be made more intelligently.

A big advantage of laser scanning is when it comes

“We can show you something that you can’t see with your plain eye,” said Andrew Romulo, Existing Conditions Scan Technician with Printeks 3D Construction Documentation Services of Montgomery.

to construction coordination, specifically in avoiding conflicts between different systems (i.e., HVAC, electrical, plumbing). Data can also be shared between parties to help with any remote coordination.

“They used to go out with physical measuring tape, and they’d say, `what’s the square footage of this wall?’

Hold this end and let’s get it. Do calculations, OK,

“You see a wall, but your brain can’t tell you how thick that wall is. Our technology can now have you see things a little bit more intelligently. Now we can show you using three dimensions how thick that wall is. We can present that to you on a screen and look at it and be able to move it and flip it around, upside down – now you have more information about this wall than if you

this is the information that we need, which then they’d have to plug in somewhere to draft the floor plans or blueprints. All that’s gone. What we’re doing is state of the art, digitizing it, taking that inflation and putting it right into the computer and provide detailed blueprints that can quickly be shared with engineers or architects,” said Romulo.

were just standing here and looking at, which is what

When it comes to site design, laser scanning is a starting

people used to do.”

point even sometimes before Building Information

While the scanner does not lie, it cannot see through walls and needs the correct position to capture information. But Romulo explains that the technology gives them data that

Modeling (BIM). Many professionals today are adopting a scan-to-BIM method of design to capture detailed information to kick off and manage the process early.

A correspondence view of a 3D point cloud. Each shade of color represents the area of detail that each scan position was able to collect. Combining multiple scan positions results in a complete 3D point cloud.

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Embracing the Future: Construction Industry Sees the Need for 3D Speed and Accuracy “Prior to the scanning we would have had their drawing, we would have recreated it that way. I would have gone out to the building, spend 7-10 days there - this is 125,000sq. ft. building - just verifying, going through literally everything, columns, windows, walls, making sure everything that we have is accurate to what is out there. Now our technicians can, in 2-3 days, combine all the data into one file and now we have 10-times the amount of information that I could ever gather in 2-months. Those 7-10 Andrew Short, an architect with Printeks 3D Construction Documentation Services of Montgomery.

days would be purely the building elements. Now, coordinating with the equipment company, they want to know where all the existing conduits are, existing duct work is, which is above and beyond what I would have

Scanning isn’t just performed at

“They gave us architectural,

the beginning of a project either;

structural and pre-engineering

it can be done at various other

drawings – original approved

points along the timeline to better

blueprints and we created

document milestones, reduce the

everything from that. But when

necessity of change orders and pass

we got the scan we realized they

off work to other trades profession-

had made field changes to the

als. Laser scanning in renovation

pre-engineered metal building after

construction provides architects

the fact. They weren’t as built.

with an easy way to capture and

If we went by the blueprints we

help document where errors were

would have been 20-feet off.

made and identify a solution faster.

That was a good find.”

been able to capture.”

Compounding error is a risk, particularly on large scale new construction projects, where a 1/16 of an inch off can turn into a full inch later as the build continues. Even if the design is perfect, the unfortunate fact is that human error is always a possibility, if not likely.

Andrew Short, an architect with Printeks 3D Construction Documentation Services of

3D scanning proves its value throughout new construction

Montgomery, said receiving a laser

projects by catching human error before they build on one

model from the scanner provided

another. By verifying the site with a 3D scanner, stakeholders

crucial data on his design work for an existing building.

can spot and correct these honest mistakes.

continued on page 15...

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Embracing the Future: Construction Industry Sees the Need for 3D Speed and Accuracy

Matthew Motta, a 3D Scanning Specialist at Printeks Construction Documentation Services in Montgomery.

Romulo describes himself and Motta as data collectors, who “harvest the data and then someone else down the chain uses that data to make it happen.”

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Embracing the Future: Construction Industry Sees the Need for 3D Speed and Accuracy

What’s the most basic advantage to using 3D scanning?

But clients may not fully understand the technology

Andrew Romulo: Someone would go out and collect, for

available to them?

the most part, all of these measurements. This is a lot of

Romulo: More times than not someone comes to us with a

documentation that has to be done in the field by hand by

very specific need and we have to educate them on how we

multiple people. Our scanners are able to collect all this data

obtain that deliverable for them. They may be used to just

very easily, very fast and then from a three-dimensional

the basic how it gets done. We’re sort of next level. There’s

model, we can splice, we can cut sections of the building and

a little intimidation factor. Instant oh wow, that’s really cool.

show stairwells and windows and doors, and the dimensions

Can’t believe technology is at this level now that we can do

are already there. We are pulling in dimensions automatically.

things that way.

From there you get this detailed plan. The work can be done without our technology but it’s a lot more labor intensive and

How do you explain the 360-degree pictures?

less accurate. You may not be seeing things measured to an

We tell them they are getting a complete 360-dgree field of

eighth of an inch, let alone 16. Our scanner is accurate to 16th

view that they can literally move around and make decisions

of an inch.

from that imagery. It’s not like we take one static photo of an image and say, ‘look at this wall, what do you think about

How does 360-degree technology differ

it.’ It’s look at this wall…but also look at this window, door,

from 3D laser scanning?

floor, look at the condition of the conduit that is running in the

Romulo: How detailed you want to capture an image, and

ceiling. They don’t really understand that until they see it and

detailed meaning, is it scalable. 3D can be measured

they are able to manipulate it. Then they come back and say,

dimensionally while the 360 is just a visual reference. From

‘Wow, this was truly more than what I asked for.

the 360 technology you’re not going to be extracting any information for a blueprint or a set of construction plans

What if they heard about laser scanning?

or anything like that. It’s very limited in its capability but

Same comparison can be made for 3D scanning. Someone

sometimes the client doesn’t need that much information.

calls us up and says they just need a floorplan view of the first floor of their building. We tell them that’s definitely possible,

Your architects work closely with the different technology.

but the way we do it is we use this technology called 3D

Was that a plus during the pandemic?

scanning and now we can give you want you wanted and so

Romulo: Absolutely. Sometimes an architect will send us out

much more because we are recoding in 3Deminsions. We can

with a 360-camera because they don’t have the time to go

give elevation views, as if you we’re standing in the space

out and do a site visit. A client wants to hire them to redesign

and looking at something from floor to ceiling view. Not just

a building and they say, ‘hey, we want to walk through this

taking a reading of one view, but with so much information.

building with you and show you what our ideas are, so you can get an idea of the space’ and things like that. During the pandemic architects were not so crazy about going out and meeting with groups of people taking a tour of a facility. They would send us out or we would mail this camera to a client with a set of instructions so we capture enough imagery to start a design process. Our technology is very unobtrusive. It all depends on the needs of a client.

Not just taking a reading of one view, but with so much information.

WATCH THE VIDEO:

https://www.ccahv.com/cca/printeks-uses-smart-technology-for-its-clients/

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Embracing the Future: Construction Industry Sees the Need for 3D Speed and Accuracy

Bryan Armistead, Field Technology Support Specialist for Armistead Mechanical, Inc., explains the impact 3D can have on a job site.

WATCH THE VIDEO:

https://www.ccahv.com/cca/armistead-shows-the-benefits-of-3d-technology/

Was there a growing period in house as well as customers

measures out saying, ‘Well, It’s a little off…’ Like all things

about technology?

it evolves. That transition, going from 2D to 3D was the big

Oh yea. Huge learning curve. The way we approach it with

move. Once that jump happened, we bought the scanners,

our associates, with the Mechanical Contractor’s Association

started scanning information, learning how to manipulate

– they have a great educational program - and we took their

that so you can put it into space so you can actually use it is

information to see how we can integrate it with our own. We

a huge learning curve. Showing a customer, that blows their

saw the potential in it and started to use it as a selling point

mind, when they can finally say, ‘wow, I can see my space

to General Contractors that we work for and we used it as a

with the pipe inside it.’

selling point to their customers that we have these capabilities. It took a long time to get everyone to get into the mindset

Biggest benefit?

that you can construct things this way and then you can build

Efficiency. You’re cutting man hours back from the job.

this way. And it took a long time to get our own people, our

There’s less waste, less downtime. You can work in a

field foremen that wanted to pull tape measures and still want

controlled environment now, not be out in the field, out in

to use plump bobs.

the weather. You’re with positioners, lifts, so it’s safer and more efficient process. It minimizes the amount of problems

Because it always worked before…

It’s like anything. Change scares people. It took a long time to get the buy-in from our field laborers to accept it. They’re checking it. They didn’t trust it. They’re still pulling tape 14

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you‘ll have when you go to the field and start building something. You work all the fabricating problems out prior so you’re not going to have the hitch, not going to have the downtime in the field.

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Embracing the Future: Construction Industry Sees the Need for 3D Speed and Accuracy

And you try to explain that to a customer…

3D scanning has advanced dramatically in recent years, and the

We’ll go into a building and scan it and I

breadth of fields where the technology has found an application has

know we’ll have connections we have to

grown. Today, museums are using 3D scanning for archiving, and

hit perfectly, flanges that our pipes have to

even Hollywood studios are implementing the technology for this

marry up to and there is breaching or duct

purpose. And the construction industry is leveraging the technology to

work throughout the job and that’s exactly

transform the economics of its field.

what you can see. And when you present it that way you’re not saying, ‘OK, here’s a 2D drawing.’ This is exactly what we’re dealing with. These are real physical conditions that we have to contend with.

That’s what really blows people away.

It’s not just a measurement. It’s a real physical, tangible thing.

As reported in Global Market Insights, there is widespread and growing use of laser scanning for precision measurement where a 1/16 of an inch off can turn into a full inch later as the build continues.

Scaling up, architecture, engineering, and construction (AEC) accounts for a number of applications. All of this interest in laser scanning and laser imaging is pushing research and development in the direction many technologies have followed: smaller, faster, cheaper.

Bryan Armistead, Field Technology Support Specialist for

What’s the reaction of your

Armistead Mechanical, Inc., said the 3D laser makes it possible

workers when they can finally use

to quickly and accurately capture data from the physical world,

the technology themselves?

essentially digitizing reality.

When it finally clicks, and it always does, there’s no turning back.

“It’s all about the time. It used to be that the labor wasn’t as expensive as the material. It’s changed. Maybe not this minute with the supply issues, but in general. Labor is just outweighing material now. You

They see that it will make their job easier, make them more efficient and give them a view of the overall picture of a project.

got to reduce that labor time, have educated labor so they can run this equipment and understand the process. Eventually they’ll have a digital model on site. We’ve gotten to the point now where we have jobs running without a stitch of paper. We’re not printing blueprints anymore. It’s all 3D,” said Armistead.

The construction industry faces some unique challenges in the next

They will be able to extract information from this model. Then they don’t want to work any other way because they feel empowered. They feel like they’ve taken

decade, due to an acute worker shortage and rising cost in materials.

Companies must adopt new strategies in order to create a competitive advantage. Fortunately, new technologies are highlighting some of those potential strategies.

something and now that have something

The digital age has brought unprecedented changes in construction,

over somebody else. And you can’t take

complete with new applications and devices that have forever changed

it away from them. Education is the best

the ways that companies design and assemble buildings. The impact

investment for anyone working for you.

of these new tools can be seen on and off the job site, both before the project begins and while it is under way. blewis@ccahv.com

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THE USE OF

DRONES ON CONSTRUCTION SITES By: Patrick VanHaverbeke, PLS

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Patrick VanHaverbeke, PLS, is the Discipline Leader for the Unmanned Aerial Services group at Colliers Engineering & Design. He has over 18 years of surveying and UAS experience covering a wide variety of projects including boundary, topographic, utility corridor, renewable energy, heavy construction, DOT, and railroad work.

Technology is changing the way we build things, making it possible to complete our jobs faster, better and with fewer costly mistakes. Our dozers and excavators are loaded with digital models and equipped with GPS. Laborers are doing their own layout on the fly. And speaking of flying, there is the steady buzz of a drone in the air as it flies back and forth across our site. But what is it doing?

continued...

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The Use of Drones on Construction Sites

Photos courtesy of Colliers Engineering & Design/ Contours generated using LiDAR from a drone flying about 350 feet over a gravel pit in the Town of LaGrange.

It’s important to think of the drone as the vehicle being

measure it. This comes into play primarily during the

used to carry a tool (sensor) to a vantage point that

topographic portion of the design survey on wooded sites.

was previously much more difficult (and expensive) to

Yes, you can fly those with photo-based drone platforms,

gain access to. By far, the sensor being used the most

but the result will be a beautiful photo of the tops of all of

is the RGB camera. RGB stands for red, green, and

the trees on the site, which is not of much value.

blue, which are also known as the wavelengths of light visible to the human eye. They are just regular cameras being put to a new use and are available for a relatively low entry cost. Purchased from your local electronics store, you can have a 20MP camera flying above your site collecting daily progress photos or flying mapping missions that can be processed into ortho-rectified images for accurate measurements.

Working with a licensed surveyor to tie the photos to project datum during the image processing stage is critical to ensure that measurements taken from the resulting orthophoto are as accurate as they need to be.

The orthophotos can be used to digitize site features into a CAD model and provide a valuable, up-to-date legacy recording of existing conditions at any point during a project. The biggest downside to this approach is that if you cannot see it in the photos, you can’t

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The second sensor that is often used in the surveying and mapping world is LiDAR, which stands for Light Detection and Ranging and is a direct measurement, unlike photogrammetry. This means that the sensor sends out a physical pulse of light and measures distance based on the time of flight between when the pulse leaves the sensor and when it is reflected back and returns.

To be accurate enough for design work, the sensor needs to be coupled with an inertial measurement unit (IMU) and survey-grade Global Navigation Satellite System (GNSS) antenna that can provide the supplemental flight characteristics of the aircraft that are required for refinement of the data in post-processing.

The advantage of this approach is that as long as you have a sensor capable of capturing multiple returns from each pulse, you can fly completely wooded sites during full leaf-on conditions. Enough pulses will reach

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The Use of Drones on Construction Sites the forest floor to provide data dense enough to create a surface model suitable for the extraction of one-foot

Other clients have us fly their sites weekly during

contours! Well-controlled LiDAR is also more accurate

construction to make sure areas that have been

in the vertical axis than photogrammetry, making it a

graded match design and just to record progress

more reliable data source for topographic surveying.

and provide information to decision makers.

Often, both technologies are used together to produce a robust data set that can be continuously mined throughout the course of a project.

We recently completed a project for a client, Berger Engineering & Surveying, in Dutchess County. A licensed surveyor and professional engineer himself, Joe Berger understands both the challenge of capturing the topography of difficult sites and just how critical having that information can be during the design process.

This particular project site was only a dozen-plus acres but happened to be a gravel pit with steep, wooded sides and lots of stone piles and equipment in the way.

Capturing the topography using conventional surveying methods would have taken weeks in this unfriendly terrain. In comparison, our flight crew was only on site for half a day and performed both LiDAR and photo flights of the project limits and beyond.

When working with drones on a construction site, the sky is the limit (pun intended) and the use cases are growing all the time. computed. Worried if the crane will make it up the driveway without hitting the overhead wires? We have both the ground and the wires in our three-dimensional dataset to measure the clearances. Did the project limits expand? No need to send a field crew back out to gather additional data; we already have it collected and just waiting to be mapped! Is the client saying that you broke this or disturbed that during the course of your work and is demanding damages be paid? Well, according to the aerial site photos we collected at the beginning of the project those trees were already dead.

While these are just a few of the obvious uses, we have

From a safety aspect alone, having the crew in and out of there so quickly and not having to work around heavy equipment was a win. From the dataset that we

clients that have us fly all sites they are bidding on to compare existing conditions to the design surface and make sure the quantities are accurate.

provided, the volume of each stone pile can easily be

Volume calculation from elevation shaded LiDAR-based surface model.

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F : (84 5) 562- 0801

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T : ( 845) 562-4080

NEWBURGH, NY F : (84 5) 565- 0212

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Local 754 Rockland County, NY Stephen Reich Business Manager Kenneth Lewis President

Lorenzo Henderson Vice President

Kevin Wagner Recording Secretary

Robert Bonomolo Secretary Treasurer

Bradley Ashford Sergeant at Arms

Executive Board Members: Joseph Coskey Brian Barbera, Jr.

215 Old Nyack Turnpike Chestnut Ridge, NY 10977 Phone 845-425-5073 www.local754.com

22

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IRONWORKERS Local Union 417 Newburgh, NY 583 Route 32 Wallkill, NY 12589 Telephone: 845-566-8417 Fax: 845-566-8420 www.ironworkers417.org

Michael Gaydos, Business Manager/FST Matthew Stoddard, President/BA Michael Dunn, Vice President Keith Eisgruber, Recording Secretary

EXECUTIVE COMMITTEE Brian Fries James Gardner III James Hubbard James McGrath John McGuire

BOARD OF TRUSTEES Mark Gaydos Christopher Kunze Richard Schroder

BUILDING THE HUDSON VALLEY SINCE 1927

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Number of Women in Construction Trades on the Rise

By Barry Lewis, Vice President of Communications for CCA

When you think of an industry dominated by men, construction might be one of the first that comes to mind.

O

f all the people working

stereotype that trade roles are

in construction, women

filled by men.

comprise less than

9 percent. Even smaller is the number of women on the front lines of a job site—only one for every 100 employees in the field. Considering that women make up 47 percent of all employed individuals, this means that the construction industry is only benefitting from about 1.25 percent of women in the workforce.

percent), painters (7.2 percent) and helpers (5.6 percent) saw the highest participation by women in 2018, with their percentages in trades like carpet installation, carpenters, drywall hangers and electricians landing somewhere between 1.9 percent and 3.7 percent.

There are several factors that

This frequently sighted data point comes from the Bureau of Labor Statistics, but as Kim Slowey pointed out in her 2019 Construction Dive article, “The statistics for trade involvement tell a much different story.” Upon examining the data more closely, the number of women deployed in the field is only 3.4 percent. Unfortunately, this percentage shows there is still a pervasive and unconscious

24

Building inspectors (14

explain this enormous gender gap, from unconscious gender bias and stereotype that trade roles are filled by men, to the lack of adequate training, to overall perceptions of women working in construction. Despite these barriers, women continue to build their path in the industry.

According to a Randstad study, nearly one-third of companies promoted a woman to a senior position in 2018.

ON THE LEVEL:

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Number of Women in Construction Trades on the Rise Stereotypes and unconscious bias are not the only contributors to the lack of female construction opportunities. The Great Recession lost about 1.5 million construction jobs, and 300,000 of them were for women. An OSHA study for the U.S. Department of Labor shows that construction made great strides regarding gender diversity from 1985 to 2007. The financial crisis put the industry back to 2000 levels.

But the news isn’t all doom and gloom for the future of women in the trades. Between 2017 and 2018, the number of women working in construction trades increased by 17.6 percent, rising to well over a quarter of a million women (276,000),

“In 2019, women’s stark underrepresentation in these well-paid jobs is disconcerting, but it is very encouraging to see such strong growth in the number of women entering the construction trades,” said Ariane Hegewisch, IWPR Program Director on Employment & Earnings.

Women make up 14% of staff executive positions and 7% of line executives

according to analysis from the Institute for Women’s Policy Research (IWPR). This growth is nearly five times faster than job growth of 3.7 percent in construction occupations overall.

Construction trades provide well-paid jobs that do not require a college degree. In 2018, women working full-time in construction and extraction occupations made $785 per week at the median, compared with $834 for men. This gender wage gap is narrower than for women overall: while women overall earn 81 cents for every dollar earned by a man, women in construction make 94 cents for every dollar earned by a man in the field.

Obstacles Women Face

86.7%

are in office positions

2.5%

of tradespeople are women

Women represented about 10% of the construction industry in 2019

“The industry still has more work to do to attract and retain women in these jobs and create a work environment that is welcoming to all workers, regardless of their gender, race, or ethnicity.

Women-focused pre-apprenticeship programs and tradeswomen organizations are doing great work to help the industry adapt to a changing future of work.”

As new construction projects are expected to stabilize and return to low growth in 2021, and

Pay Gap

43% of organizations do not actively monitor gender pay gaps

Advancement

73% of women feel passed over for roles because of their gender

new construction industry jobs are expected to balloon by almost 2 million in 2022, companies are looking to recruit more women than ever before to bring their skill sets into the field.

Injury

Women have a higher risk of workplace injury due to poorly-fitted equipment

Discrimination

60% of gender discrimination victims in the workplace are women

Since the beginning of the pandemic, more than 2.5 million women have left the U.S. workforce.

Even with these challenges, there are reasons to be optimistic: Women are increasingly joining the union building trades for great, family-sus-

Exclusion

8 out of 10 women feel left out at company social events

ON THE LEVEL:

Role Models

47% of women have never worked with a manager who is a woman

taining careers. blewis@ccahv.com

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Number of Women in Construction Trades on the Rise

Sisters in the Brotherhood Program Provides Opportunities

Michelle Thomas of Local 290

I

n October 1935, Margaret

boroughs) in 2015. Since that

Ellings became the first

time about 150 women have

woman initiated into

been accepted into the

the United Brotherhood of

now four-week pre-apprentice

Carpenters. In 1998, the first

program that runs Monday -

local Sisters in the Brotherhood

Friday, eight hours a day at the

committee was formed. Since

training centers. In the Hudson

then, UBC women have found

Valley the recently renovated

common ground with one

center is in Rock Tavern.

another at networking events and training sessions and have expanded to dozens of committees with a wide range of activities. Women serve as Council delegates which ensures

The Sisters in the Brotherhood (SIB) program continues to break down barriers, proving that jobs don’t have gender.

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that issues unique to women members are part of Council discussions.

“Our goal at the end of the four weeks of training is for them to have at least have the confidence to go to a job site and to be familiar with the hand tools and the power tools and the materials that we use,” said Nicole Grodner, the UBC Local 290 Council Representative,

The Sisters pre-apprentice

Chair of the NYS Sisters in the

program began in New York

Brotherhood and is a trustee

State (excluding the five

on the North Atlantic States

S U M M E R 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Number of Women in Construction Trades on the Rise Carpenters Training Fund. “Feel comfortable working

onto a job with a little confidence that you know how to

on heights, have a least a little bit of knowledge of

use a tape measure, can set up a skill saw, you can climb

every aspect of carpentry, be it framing, sheet rocking,

a ladder you can carry some plywood and fit in. That’s

concrete, that’s really the goal. It’s amazing how much

the challenge. We’re going to work with you and we’re

information you can really pack in in those four weeks.”

going to encourage you to take a step into our world.”

Grodner said the biggest problem with many pre-appren-

Sisters in the Brotherhood supports female members

tice programs that exist is that there is no placement after

by providing assistance in obtaining craft training and

graduating or completion of the program. She said with

leadership skills; by being advocates on women issues; and

this program successful graduated have a direct entry into

by mentoring new members and even potential members.

the apprenticeship program and become union carpenters.

“Honestly, before the Sisters program I had just one woman

“There needs to be an understanding that there needs to

who worked for us,” said Charlotte Van Horn, President of

be extra help available to women,” said Tom Fischer, the

Tri-State Drywall & Acoustical, a Certified WBE based in

executive director of the North Atlantic States Regional

Port Jervis. “That was it. I didn’t even know of any women

Council of Carpenters Local 279 Training Fund.

getting involved. But the Sisters program brought quite a

“Nobody should be offended by that. If you’re going to

few candidates in that probably hadn’t even thought about

overcome society’s rules, norms, and you want to do it

construction prior to the program.”

legitimately, then you do have to provide opportunities.”

Van Horn, who is a CCA board member, said the

Fischer said for many years for certain groups of people

construction field has been missing out on qualified

the padlock was on the door and they didn’t have the key,

women because they didn’t know it was an option

whether it was women or people of color, there was no

for them.

opportunity. He said the goal in the apprentice program is to take the padlock off.

“The women coming in, they’re just as good as the men (laughing). The Sisters program is soliciting people that

“The women still need to have the incentive and desire

are excited about construction, that like to do it. They’re

to be in the program. The Sisters in the Brotherhood is

soliciting people that are quality women that are going to

kind of like a boot camp. We can’t necessarily change

succeed in construction.”

15 years of rearing by society. But at least you can walk

The North Atlantic States Regional Council of Carpenters, the North Atlantic States Training Fund and the Sisters in the Brotherhood runs a four-week pre-apprentice program that provides participants with an opportunity to find out if carpentry fits their career path.

The pre-apprentice program only applies to women in New York State, excluding residents in the five boroughs of NYC. For information go to: www.nasrcc.org/sib Stefanie Schmitt of Local 291

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27

Number of Women in Construction Trades on the Rise

‘Sisters’ Leader Talks About the Many Changes over the Years

I

n 2007 Nicole Grodner was

Regional Council of Carpenters,

the only female apprentice in

3 percent of active members are

her class when she joined the

women. This includes apprentices

Carpenters Union.

and journey-level women.

Today she is the United

Grodner received the Long

Brotherhood of Carpenters Local

Island Business News “Top 50

290 Council Representative,

Women in Business” award

Chair of the New York State

in 2020 for her commitment

Sisters in the Brotherhood and

to improving women’s lives

is a trustee on the North Atlantic

through the Sisters in the

States Carpenters Training Fund,

Brotherhood program, and her

which has a goal to increase the

volunteerism throughout New

number of women and minorities

York and beyond, including

in the union.

travelling to Puerto Rico to

In the Eastern District of the UBC and North Atlantic States

28

help rebuild the island after

“We look to our membership to reflect our community,” said Grodner. “We realize construction as a whole is male dominated industry and that woman out there don’t even know there may be an opportunity out there for them in the Carpenter’s union. Or they may not have any prior experience or education or knowledge carpentry.”

Hurricane Maria.

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Number of Women in Construction Trades on the Rise How different is it for women

courses that all staff members must

many women do. They’re earning

today as opposed to when

attend. Maybe it’s because I’m a

a great wage with benefits. And

you started?

female council representative, but

they’re successful carpenters.

Oh, big difference. When I joined

I don’t think there is a communica-

in 2007 I was the only female

tion barrier. Men and women can

apprentice in my class. You ‘d go

always come forward and speak to

to the training center, see us in our

shop stewards, foremen, council

week of training and I’d be the only

representatives. Leadership has

female there. You won’t see that

Absolutely. Some people ask

made our council very transparent.

today. Or you go today you’ll see a

what’s the top age to join and I say

I’d like to think if there was a

lot of women and men. On the job

there is not max. We’ve brought

situation any man or woman would

site, I really hear so much positive

women into this program in their

feel comfortable to discuss it.

mdi-40s. We’re trying to focus now

feedback from our male carpenters on how women on the job site are doing a great job, holding their own, they’re taking them under their wing and teaching them and they have a great work ethic. They see what a great asset they are, that they can do the job.

How important are the meetings for women meetings?

It’s a great time to go come together and provide support. You have a great mix of participants who attend those meetings, women who been in the union a month and some 25 years. Great to have that open

Are you seeing more woman outside high school or college because of the pandemic changing careers?

on planting the seed early for the younger generation. We’re going to the high schools ands letting men and women know that the Carpenter’s union is an opportunity for you. I hear from a lot of women who wish they had gotten into this earlier, who wish they had known this was an opportunity when they

How bad was the sexual

dialogue. Bounce ideas. Even just

harassment in 2007?

to talk about a job site. If a woman

Honestly, I’ve been asked that

gets called to a site and is not

before and I don’t have any

familiar with what she’ll be doing,

negative experience personally.

there are questions on what kind of

However, we have women who

Would you like to see a time where

tools should I bring, what kind of

have been in the local for 25-30

you wouldn’t need a Sisters in the

safety equipment, what is the project

years, so they certainly come

Brother program?

like. So many things to discuss.

In just the last five or six years

from a different time. They have told me stories of situations, and very difficult times that they went through being carpenters. From what I see today on a job site I definitely think we’re headed in the right direction.

What advice to you give to women about the apprentice program?

I tell them if you don’t have any prior experience in carpentry, don’t let that hold you back from pursuing a career in carpentry - if that’s where your interest lies. I feel

Are there women dealing

confident that our training centers

with it today, maybe not willing

can teach you the trade. We can

to come forward?

teach you to be a skilled carpenter.

I will tell you our council has a zero

The opportunity is there for you if

tolerance of situations of sexual

this is what you want. There is the

harassment and there are training

potential to have a career here and

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were in high school. They would have gone after graduation right into the Carpenter’s union.

we’ve gained a lot of momentum, women are becoming more familiar with our fliers and the opportunities that exist for them. It would be great to have something of normal conversation and discuss the opportunity for anyone. Man or Woman. I guess that is the ultimate goal.

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Number of Women in Construction Trades on the Rise

After six years working in retail Kaycee McGovern knew she needed to do something more with her life.

Kaycee McGovern talks about getting ahead in life.

WATCH THE VIDEO:

https://www.ccahv.com/cca/sisters-in-the-brotherhood-provides-opportunities/

Kaycee McGovern: Probably the Best Decision I Ever Made “I couldn’t make that my career for the

a third-year apprentice, was working

just a day-to-day job for her but it’s

next 20-30 years. If I’m going to work

on a renovation project at Bon Secours

become a career.

hard for a job I want the job to work

Hospital in Port Jervis for Tri-State

hard for me. That’s when I decided

Drywall & Acoustical when she talked

to give the union a shot,” said the

about joining a trade.

McGovern, who grew up in Orange County, graduated from Minisink Valley and went to SUNY Orange for Criminal Justice but always thought about being a carpenter and following in the family tradition.

was in the union for years. He got

She’s taking in all the knowledge

me an application. I took the test and

that anyone is willing to give her and

Scott Smith (business manager for the

she’s absorbing it. Kaycee is going to

North Atlantic State Regional Council

succeed in this field.”

of Carpenters and Carpenters Local

were in the union in construction

ticeship program and the Sisters in the

in Staten Island. My father who

Brotherhood. I gave the apprenticeship

was a corrections officer did home

a shot and it was probably the best

renovations on the side. He was always

decision I ever made.”

hall and put my name on the list. I always knew I wanted carpentry,” said McGovern, 31, who recently became

30

ON THE LEVEL:

learned the skills that she needs to continue on and become a journeyman.

279) told me about the pre-appren-

I decided to go down to the union

to be doing insulating forever. She’s

“My friend from childhood, her father

“My grandfather and my uncle

taking me on job sites. After a while

“Kaycee knows that she’s not going

Charlotte Van Horn, President of Tri-State Drywall & Acoustical said McGovern has become a lot more knowledgeable and realizes this is not

McGovern says she would like to one day be a foreman.

“I love building things, seeing the complete, finished object of things.

You hear about these dads who point to every building they’ve ever done and say, ‘hey kid, I did that.’ They have a real sense a pride. I want to drive around and say, ‘hey kid, I did that.’”

S U M M E R 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Advisory | Tax | Audit

Certainty is what we have delivered to the New York Construction industry for 40 years.

Grassi’s Construction advisors and accountants provide the industry knowledge and guidance that construction professionals need to make confident business decisions.

Carl Oliveri, CPA, CCIFP, CFE, MBA Partner, Construction Practice Leader grassicpas.com/construction

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Buying a Business?

Avoid this Oversight

By Robert Marchione

Are you considering purchasing an existing construction company?

Congratulations, we hope you have your hard hat on and are ready for some (figuratively) heavy lifting. Whether this is part of your long-term plan, or you’re already deep into the process, there are a lot of critical considerations you need to make before you take the plunge. One of the most overlooked factors: unfunded pension liabilities.

Don’t fall into the trap of being unprepared when it’s negotiation time.

Why are unfunded pension liabilities my problem now?

You know the saying once you own it, you own all of it – the good, the bad, and the ugly? You need a clear financial picture of what you’re walking into.

There’s no room for surprise costs popping up, and unknown unfunded liabilities can quickly become your responsibility. With nearly 40 percent of all multiemployer defined benefit plans operating in the construction industry, you probably already know these plans tend to be poorly funded.

A 2020 federal study even revealed that the multiemployer insurance program is highly likely to become insolvent by 2025.

“Is this an asset or a stock sale?”

If it’s an asset sale, successor liability law typically states that the buyer won’t assume the seller’s corporate liabilities. Usually in this type of sale, the withdrawal liability stays with the seller, who can then dissolve. However, in certain cases, courts have found successor liability for the buyer in an asset acquisition.

ON THE LEVEL:

If it’s a stock sale, a withdrawal from a multiemployer pension plan typically isn’t triggered, as long as there is no interruption to the obligation of the sold entity to contribute to the plan.

What can you anticipate from the seller?

It’s not uncommon for sellers to categorize withdrawal liabilities as irrelevant to deal pricing. But certain situations arise where liability can be triggered against the wishes of the employer, or without any affirmative action, such as a union decertification, a significant business downturn, or an asset sale. It’s always a best practice to ask the seller to go back to the unions and find out what the withdrawal liability is in advance. Once you have this insight, get to negotiating. Perhaps you suggest that the seller uses some of the sale proceeds to pay off the withdrawal liability so you get a fresh start, or you might suggest a reduced selling price.

How can buyers protect themselves?

Because a company’s financial statements are not required to disclose the amount of pension plan liability in the event of withdrawal, buyers often overlook the amount of any such potential liability when setting the purchase price at the bid stage. This can wind up being a huge mistake.

Remember, you want the price of the sale to suitably account for potential liability. If a recent estimate of the company’s potential withdrawal liability is unavailable, collect information so an expert can estimate withdrawal liability exposure. Protect yourself by reviewing the plan’s level

Robert Marchione, CPA, is a partner with RBT CPA’s and is in charge of the firm’s Construction Industry Practice.

He can be reached at 845-567-9000 Ext. 243 or at rmarchione@rbtcpas.com

of funding, a detailed history of the target company’s contributions to the plan, and information about the plan’s contributing members. It’s also critical to find out the number of unions the company participates in.

What other steps should I take?

Keep in mind there are certain exceptions for construction employers, and the recent American Rescue Plan Act provided funding for some of the severely underfunded pension plans which may eliminate or reduce the liability for some employers.

Projections estimate that qualified plans will receive approximately $86 billion in assistance. The regulations are expected in early July and you can stay up to date at www.pbgc.gov/ american-rescue-plan-act-of-2021.

Ultimately, every union contract is different. Consider special purchase agreement provisions: an agreement that sellers will pay withdrawal liability assessments, broad indemnification rights, or purchase price adjustments.

It might make sense to establish an escrow account to cover potential liability. Most importantly, always consult with a team of financial professionals and legal representatives to navigate this issue so you set your company up for success.

Source: TaxExecutive, Congressional Research Services, PBGC

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S U M M E R 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

Carpenter’s Training Center Set to Open in Rock Tavern Tom Fischer, the executive director of the NASRCC Training Fund said the Orange County location is critical for not only members but for contractors who are doing projects in the area.

“They need training to take place for a particular project, they don’t have to travel outside the community.

North Atlantic States Regional Council of Carpenters Local 279 will move this fall back into their training center in Rock Tavern.

A

Their employees – our members don’t have to travel outside the community. We can do this training

fter years of planning and

as well as part time instructors to

locally, here, and we can do it at the

months of construction

service the journeypersons at night

same level that we have provided

The North Atlantic States

and even on the weekends. “This

training at all of our other training

Regional Council of Carpenters

facility will be open Monday-Fri-

sites. There’s no drop off, everything

Local 279 will move this fall back

day, from 7 a.m. till possible 9 p.m.

is state-of-the art. Now there is

into their training center in Rock

as a well as some Saturdays. And

access locally,” said Fischer.

Tavern following a $3.5 million

in the summer, we will be open for

renovation of the facility.

skill enhancement.”

The 25,000 sq. foot building will

For the past three years carpenter

process began pre-Covid and as a

now house a state-of-the-art training

trainees in the Hudson Valley had to

result was delayed about 18 months.

facility for apprentices and district

travel up to Albany or down to Long

council offices for Local 279.

Island for apprenticeship classes.

The GC for Rock Tavern is Barone Construction Group. The construction

“Apprentices who are not even in this program yet will be able to take advantage of this facility,” said Jim Hayes, assistant executive training director for NASRCC. “The investment we are making today is going to benefit our future carpenters.”

Hayes said the facility expects to have 2-3 classes going on at the same time, with the training season running the traditional September to June 30 schedule. He said two full-time instructors will be on hand

ON THE LEVEL:

From left, Jim Hayes, Assistant Exec. Training Dir., NASRCC Local 279; Tom Fischer, Exec. Dir., NASRCC Training Fund and Frank Bucior, Sr. Project Mgr. StarCom Communications tour the training site.

S U M M E R 2 0 2 1 Q U A RT E R LY P U B L I C AT I O N

35

When you want reliable professionals, you hire union carpenters.

The Kartrite Resort & Indoor Waterpark

There’s no greater asset in the building industry than a worker who shows up wellprepared and ready to go. It can mean the difference between a project that runs smoothly and a project that runs out of time. The Carpenters union recognizes this and has provided contractors with world-class quality and professionalism for 130 years – in addition to a can-do spirit to step up to meet any challenge. It’s not just a relationship, it’s a true partnership, and the entire building community benefits.

The North Atlantic States Regional Council of Carpenters. It’s time to build.

To learn more, visit NASRCC.org

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NY Senate Passes Wage Theft Law that Aids Construction Workers

By Barry Lewis, Vice President of Communications for CCA The New York State Senate passed legislation on June 2 to back New York’s construction workers in their fight against wage theft and help those seeking justice to navigate their claims against such crimes.

The legislation holds contractors accountable and increases the likelihood that construction workers can secure the payments and collect the unpaid wages and benefits they are due.

Under the measure, general contractors could be held liable or even face civil violations if a subcontractor on a job site stiffs workers. Also, general contractors will gain new

WATCH THE VIDEO:

https://www.ccahv.com/cca/orange-da-fights-against-wage-theft/

authority to oversee the books of subcontractors in order to

Bill Sponsor, and Chair of the Senate Committee on

better ensure that workers are being paid all-owed wages.

Labor, Senator Jessica Ramos, said, “An honest day’s pay

The bill limits liability to three years on contractors if their

for an honest day’s work. Under the incredible leadership

subs violate state labor law wage and hour provisions. An

of our Senate Majority Leader, the New York State Senate

Individual or a representatives could file a lawsuit against

is taking action to protect construction workers from the

the employer-subcontractor and the general contractor.

hundreds of millions of dollars that are stolen them every

Union officials representing construction workers across the state have championed the measure as a way to hold unscrupulous contractors accountable. The New York State

year by unscrupulous contractors and subcontractors— reaffirming the Senate Democratic Majority’s commitment to prioritizing the rights of workers across our state.”

Building & Construction Trades Council, which represents

The measure now goes to Gov. Cuomo’s desk for

over 200,000 unionized employees, called the bill’s

approval. It would make New York the sixth state, in

passage a “monumental victory for working people.”

addition to Washington, D.C., to adopt this type of

“From day one, this legislation was all about putting the interests of working people ahead of those of unscrupu-

protective wage theft for construction workers. bslewis@ccahv.com

lous contractors in the construction industry,” said Gary LaBarbera, president of the Trades Council. He added that the measure is an excellent tool to fight back against wage theft for all workers on privately funded projects.

“The passing of the new wage theft law in New York is a step in the right direction leveling the playing field for our local workers and allowing those who break the law to be held accountable,” said Orange County District Attorney Dave Hoovler who has long fought to bring awareness to the issue of tax fraud and wage theft in the construction industry that costs Americans $8.4 billion.

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Orange County DA Dave Hoovler

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What to Know about the Passed Construction Wage Theft Bill

By Michael E. Catania What it Does

for the construction, reconstruction,

The recently passed Construction

alteration, maintenance, moving or

Wage Theft Bill (the “Bill”), if signed

demolition of any building, structure

into law by our Governor, will make

or improvement, or relating to the

certain “Contractors” directly liable

excavation of or other development or

to “Subcontractor” employees for

improvement to land.” The exceptions

wage violations. “Subcontractor”

to the Bill’s scope are as follows:

includes all subcontractors working under the Contractor’s scope, at any tier, regardless of whether they have a direct contract with the Contractor.

Here is an example: General Contractor (“GC”) subcontracts with an electrician to perform electrical

1. Any contract subject to

Labor law Article 8, i.e.,

Public Work Projects. fails to provide such documentation,

Bill’s liability via collective

the Bill permits payment to that sub

barraging agreements.

to be withheld. However, you may

3. Owner occupied home

(“Sub”) then hires a security company

camera equipment, who in turn subcontracts with Joe to run fiberoptic cables. Joe is audited by the DOL who determines that Joe failed to credit appropriate overtime to his employees working on the GC’s hotel job. The GC, three times removed from Joe and with no control over Joe’s payroll, will now be liable to pay for these wage violations and to reimburse Joe’s employees for attorney fees and other assessed damages.

Who does it impact?

The Bill applies to any “Contractor,” including Construction Managers, General/Prime Contractors, and Joint Ventures, working under a “construction contract.”

Construction Contracts are any “written or oral agreement ON THE LEVEL:

mcatania@cmrlaw.com

2. Bona Fide Unions that waive the

work on a hotel job. The Electrician (“Sub-sub”) to install alarm and

Michael Catania is a Managing Partner with Catania, Mahon & Rider PLLC and head of the Construction Practice Group.

improvement contracts.

4. Certain Residential (one or

two-family construction but not

larger developments).

Impact Contractors and Construction Managers, especially those with no experience on prevailing wage jobs, need to get their houses in order.

First, subcontracts will need to be reviewed and revised with particular attention given to indemnification, holdback, and payment application clauses. Certified payroll submissions and affidavits must be secured from all subcontractors- of any tier. This is encouraged by the Bill, as it permits

not be in a position to do this. the Bill has a 3-year limit on claims, meaning that you could be served with a wage claim long after the job has finished and retainage released.

Equally important, check with your insurance agent regarding your company’s Employment Practice Liability coverage. While most EPL policies provide coverage for certain wage theft claims, the coverage is typically limited to claims made by your own employees. Remember, the Bill does not alter existing wage theft law or procedure. Employees still has to prove their claims and you will have the right to a defense. However, and absent coverage, the costs of such a defense can become unmanageable.

Contractors to demand their subcontractors’ payroll records, employee and independent contractor lists, and union affiliations. If a sub

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CORPORATE SERVICES

Contract Drafting, Negotiation and Review AIA, Consensus Docs, EJCDC, State/Agency Specific Insurance Review (IRMI Certified)

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Construction Dispute Resolution Payment Disputes/Delay Damages Wrongful Termination Mechanics Liens and Payment Bond Claims

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Employers Find New Ways to Fill Job Openings

By Robin Seidman

We survived the pandemic.

We survived the curtailment of business. We survived the stress of keeping our loved ones safe and sound.

We are heading back into a robust business model as COVID restrictions ease and the marketplace opens up to full throttle.

The struggle is finding qualified workers to bring our operations up to speed. There are a number of different viewpoints as to why people are not coming back to work but the most pervasive is that the boosted unemployment payment is to blame.

The experts and the numbers don’t support that theory so a better understanding of the employment picture may help employers formulate better plans to attract talented workers.

According to the New York State Department of Labor (NYSDOL), the Hudson Valley had significant gains in private sector jobs – 14.6 percent in year over year ending in May 2021. This is the third largest gain in the state with only western New York and Long Island ahead. The NYSDOL attributes this growth to the lifting of pandemic-related restrictions. It is noted that the Hudson Valley is still below the pre-pandemic levels of 2019.

If unemployment checks are not the reason potential employees are not re-entering the job market, what Is the reason? For one, many parents with school-age children were forced to leave jobs and stay at home with children learning remotely. The good news is

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that schools are expected to be fully opened for in-school learning in the fall.

In addition, NYS is planning to offer childcare scholarships to allow parents to return to work.

Robin Seidman specializes in NYS Sexual Harassment training and general HR policy and procedures. robin@rjshrsolutionsllc.com

Another reason for worker shortage is that many workers, especially those in specific industries like restaurants, are re-assessing their careers and options.

Are the hours, the pay, the benefits worth the risk of increased exposure to non-vaccinated customers? Is this what they want to do or is it time for a change?

Valid questions that have some potential employees taking their time in re-entering the job market and possibly returning to school to learn new skills.

Also consider how the employee will work. Of course, construction workers need to be in the field but are there some employees who can work from home?

How about a hybrid approach with some days in the office and some at home?

If nothing else, the pandemic taught us that working from home is an option that should be considered for some candidates.

Whatever the reason, it is hard to attract workers. Drive along the road and you will see signs for job openings, career opportunities, etc. posted on buildings, in the yard, on telephone poles, on doors.

Yet, a savvy business owner will realize that to win the most-qualified employees, he/she has to up their hiring game. Just what does that mean?

Another tactic is to scale back the job requirements. By changing some of the standards, i.e., a 4-year degree vs. a 2-year degree or high school degree plus work experience, you increase the size of the labor pool from which to select. Before taking this approach, the business owner should make sure it fits the business strategy.

Let’s start with the compensation package. Pre-pandemic wages may not be attractive. Although it seems counter-intuitive to increase employee expense while the business is getting back on its feet, putting your money where your mouth is may make the difference in the competitive hiring market. Can you give more paid time off? Contribute to a business-sponsored retirement plan?

Offer health insurance with a company contribution? The goal is to get the best employees to choose your business and re-evaluating the total compensation package may make the difference.

It is not easy to change the way we look at hiring practices, but COVID has made the need for change a reality. Without qualified and engaged employees, the business runs the reputational risk of poor customer service. It runs the risk of missing deadlines, not being able to attract new customers and new projects. It runs the risk of losing existing employees because of the increased workload and stress. Keeping the right perspective will help the business owner navigate the post-pandemic labor market.

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Building Electrification & Moving Towards Energy Decarbonization Building electrification refers to using electric technologies Rick Alfandre, AIA LEED AP BD+C Alfandre Architecture, PC

instead of combustion-fueled technologies to supply the

alfandre.com 845.255.4774 ralfandre@alfandre.com

domestic hot water, as well as electric or induction stoves for

comforts of a modern building. An electrified building typically uses electric heat pumps for space heating, cooling, and cooking. Every major end use for fossil fuels in buildings is ready to be electrified with current technologies.

E

lectrification supports the long-term goal of

Electric resistance heat is 100 percent efficient at

building decarbonization. By designing and

converting electricity into heat. A heat pump provides at

constructing buildings to harmonize with the grid

least two to three units of energy for every one unit of

we will reduce overall greenhouse gas emissions.

Heat pump technologies use energy in highly efficient ways and, therefore, save building owners money. Heat pumps—whether ground-source or air-source—are basically air conditioners that can be run in reverse to provide heating as well as cooling. Air conditioners (and refrigerators) make a space cooler by extracting heat from it and releasing the heat in a warmer place. The key to this magic is the refrigerant, a fluid that changes from a liquid to a gas at ambient temperatures. After absorbing heat, the gas moves through a mechanical compressor that squeezes the heat back out.

energy consumed. Efficiency is often measured as the annual “coefficient of performance” or COP. The COP of a system is the relative measure of how much energy is delivered compared to how much energy is used. Most air source heat pump systems have an average annual COP of over 2.5. This means that the system is 250 percent efficient. Fossil fuel heating systems range from 80-95 percent efficient, at best.

Heat pumps systems include: Ground source heat pumps (GSHP), which extract energy from the ground by tapping the relative constant temperature of the Earth from about 5 feet, or more, below the surface. Ground-source heat pumps have some great environmental advantages over other heating and cooling systems. They use the consistent temperatures within the Earth as a heat sink to provide energy-efficient heating in the winter and cooling in the summer. In commercial applications most GSHP systems rely on a field of drilled wells fitted with a closed loop set of tubing through which fluid flows. By releasing building heat to the cool earth, rather than into hot outdoor air, GSHPs cool more efficiently than air conditioners or air-source heat pumps.

Rights: © Copyright 2014. University of Waikato. All Rights Reserved. www.sciencelearn.org.nz

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Building Electrification & Moving Towards Energy Decarbonization Air Source Heat Pumps (ASHP) extract heat (energy) from the outside air when heating is needed and discharge heat to the outside air when cooling is needed. Air Source Heat Pump systems are available in many sizes and form factors, including small and large ducted systems as well as small ductless “mini splits” systems. In all cases the compressor system is located outside the building. Our Net-Positive-Energy office building is served by two Carrier Green Speed ducted systems. The compressors are located outside the building and the air handlers are located inside. Carrier claims that the green speed system has a COP of over 3.5.

In cold climates, a GSHP has a higher efficiency than They provide heat by using the same principle in reverse— drawing heat from the relatively warm earth, rather than from cold outdoor air. Most GSHP systems have a COP of over 3.5.

an air-source heat pump, because the temperature underground is considerably warmer in the winter than the outside air. The initial GSHP systems cost is higher than an air sources system. However, system efficiencies are higher, and the equipment lasts longer. Further, there are

Two Alfandre Architecture projects that are heated and cooled with GSHP systems are the M&T Bank in Balmville, and the New Friary at Graymoor, in Garrison.

significant utility incentives in NYS as well as a federal investment tax credit for private development projects that use ground source heat pump systems.

Renewable electricity generation has more than doubled from 2020 to 2018 and that trend is accelerating.

According to the US Energy Information Agency, 90 percent of that increase came from wind and solar generation. Costs have also declined rapidly. Solar and wind generation is the cheapest option for new or replacement electricity generation capacity. Electricity generation from wind and solar is poised to surpass fossil fuel generation in the next 25 years, if not sooner.

New Friary at Graymoor, in Garrison

GSHPs should not be confused with true geothermal heat, which is usually miles below the surface, where the earth’s crust gives way to a layer of molten rock. This geothermal energy occasionally explodes to the surface as a volcano, creates natural geysers and hot springs, and, in places like Iceland, it is tapped to produce electricity.

ON THE LEVEL:

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Helping the Community

Carpenters Build Little Free Libraries for HV Communities Some 20 volunteers from the North Atlantic States Regional Council of Carpenters participated in a project to build Little Free Libraries at their Rock Tavern Training Center. Members of Carpenters Local 279 worked with State Senator James Skoufis and community volunteers to build, place, and decorate the book-sharing boxes at six locations in the 39th District.

Little Free Library is a free 24/7 book exchange program that builds community, inspires readers, and expands book access for all through a global network of volunteer-led little libraries. Each year, millions of books are exchanged at over 100,000 little libraries worldwide.

Matt Ross, Local 279 Council Representative explained how this was an especially rewarding experience.

WATCH THE VIDEO:

https://www.ccahv.com/cca/carpenters-build-free-libraries-for-hv-communities/

to work with Senator Skoufis and many talented student volunteers on this project,” said Matthew Ross, Local 279 Council Representative.

“Giving back to the community is always rewarding, especially when we get to be a part of bringing Little Free Libraries to the area and expanding opportunities to access books for readers in the Hudson Valley. We are grateful

The finished Little Free Library boxes will be set up in Chester Community Park, Bowline Point Park, L Vern Allen Park, Chadwick Lake Park, Cluett Schantz Memorial Park, and at Jays Deli in Woodbury.

Bill Banfield, Assist. Exec. Secretary Treasurer of the Council with State Sen. James Skoufis and volunteers from the North Atlantic States Regional Council of Carpenters Local 279.

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Grand Openings!

Tri-State Drywall Moves into New Facility Family, friends and elected officials joined Charlotte Van Horn, president of Tri-State Drywall & Acoustical and a member of the Construction Contractors Association Board of Directors, who cut the ribbon June 18 on the company’s new building at 183 Jersey Ave. in Port Jervis.

Attend the opening, from left, Matt Ross, Local 279 Council Representative, Charlotte Van Horn, Ira Gold, CCA Board member and president of Sullivan Fire Protection Corp. and CCA Executive Director Alan Seidman.

MSLC Celebrates Primary Care Facility at Cornwall Campus Joan Cusack-McGuirk, Montefiore St. Luke’s Cornwall Chief Executive Officer was joined by State Senator James Skoufis to cut the ribbon on the hospital’s new Open Access Primary Care Center on June 24, operated by The Medical Group at Montefiore St. Luke’s Cornwall. The center, located on the lower level of MSLC’s Cornwall Campus has extended primary care hours in a newly renovated space. The GC on the project was Holt Construction.

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BARRETT INC.

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Service and Maintenance

Barrett offers a full line of commercial roofing services.

Quality and Service since 1934!

Please Call or Email for an Estimate (203) 744-2780 estimating@barrettroofing.com

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Golfs Get Back on the Links for CCA 2020 Golf Outing After a year delay, golfers were finally able to hit the links for the 2020 CCA Golf Outing on June 7 at Trump National Golf Club Hudson Valley. Nearly 80 golfers took part in the annual event that was postponned because of the pandemic.

The CCA 2021 Golf Outing was scheduled to take place on Monday, July 26, also at Trump National Golf Club Hudson Valley.

Robert Kaehler, CCA Board Member and president of Perreca Electric Company

The team from Tri-State Drywall & Acoustical tee off.

William Haskel, SMACNA Board member from ABM Air Conditioning

CCA Executive Director Alan Seidman thanks the golfers

After a year delay golfers were ready to get on the course

Todd Diorio, president of the Building and Construction Trades Council of the HV and Laborers Local 17.

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ON THE LEVEL:

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International Union of Operating Engineers Local 137

JEFF LOUGHLIN WAYNE HELLER JAMES SASSO JOHN MCGILL JOE SCHNEIDER DANIEL FENYO MICHAEL MILLER

BUSINESS MANAGER PRESIDENT VICE PRESIDENT/BUS. AGENT RECORDING CORR. SECRETARY TREASURER FINANCIAL SECRETARY BUSINESS AGENT

Executive Board John Belardi – Ronald Burgess – Rocco Miceli – Michael Miller David Ryan - Rocco Sanseverino

1360 Pleasantville Road Briarcliff Manor, NY 10510 (914)762-0600 ON THE LEVEL:

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Metal Framing Drywall

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51 S U M M E R 2 0 2 1> Q U A R TTHE E RVIDEO: LY P U B L I C AT I O N WATCH https://www.ccahv.com/cca/iron-workers-bring-tub-

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Laborers Local 235

Skilled Laborers Quality Workmanship Safety & Dependability Dario Boccarossa

Business Manager/Secretary Treasurer

914-592-3020

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Duties for 401(K) Plan Sponsors are Not Optional Violations of the Myriad ERISA rules can have real consequences

By Lon Birnholz

Last issue, this column addressed the regulatory requirement needed to keep your firm’s 401(k) plan up to date with the seemingly ever-changing rules set out by the various governmental authorities. For a business owner or manager, this is understandably not at the top of your list of tasks on which to spend time or money.

Maintaining compliance with the rules of the Employee Retirement Income Security Act (ERISA) doesn’t generate revenue and seems mundane, but the U.S. Department of Labor and the IRS don’t take the law lightly.

ERISA has many aspects, and most 401(k) plans for small and mid-sized businesses choose to have an Investment Adviser and Third-Party Administrator to keep the plan in compliance with the rules as they evolve. In our previous column, we talked about the importance of acting as a fiduciary for the sole benefit of the plan’s beneficiaries and the potential savings from performing the required benchmarking.

A less obvious risk is potential self-dealing by a service provider to the plan that could create excessive fees that may be hidden from participants or even the plan sponsor.

A recent $14 million legal settlement of a suit against John Hancock acting as a Plan Administrator highlights this risk. In the suit, Hancock ON THE LEVEL:

was accused of applying undue preference for its own investment products despite their sub-par investment performance and high costs. It also accused Hancock of failure to monitor the plan’s expenses, costing the participants a substantial sum of money over an extended period. In addition to the monetary penalty, the settlement requires that plan take additional action to change its behavior and add oversight. John Hancock denies any wrongdoing or liability, and says it settled solely to avoid possible future litigation burdens.

What is clear from this lawsuit, the judge’s refusal to dismiss the suit, and the announced settlement is that a plan sponsor and its service providers must act above board with strict compliance to ERISA regulations.

The size of the plan, current level of firm profitability, or any other more pressing issues for the company or its management are not factors that excuse the sponsor from its responsibilities in the eyes of regulators.

The good news is that your company can take actions to ensure compliance with ERISA and reduce the risk of potentially sizeable penalties for violations. One most important step is for the plan to engage a competent service provider who is independent of the investment process. An independent service provider should be fully transparent

Lon Birnholz is senior managing director for Matrix Asset Advisors, overseeing fixed income portfolio management and heads business development and client services activities. lon@matrixassetadvisors.com

212-486-2004

about its fees, clearly disclosing all costs, both for the Record-Keeping and Administration and for any other service providers involved.

Similarly, a 401(k) plan should have an Investment Adviser who is willing to disclose any and all fees (direct or indirect) and potential conflicts of interest, while helping the plan’s trustees and participants with their investment lineup and related decisions.

Working as a team, the Record-Keeper, Third Party Administrator, and Investment Adviser can be valued counselors to both the sponsor and employees.

Additionally, this team can help ensure that your 401(k) plan won’t become the next target of a lawsuit alleging violations of ERISA to the detriment of plan participants or sponsor. These key service providers should be able to help you satisfy your regulatory obligations while also keeping plan expenses in check, benefitting both employees and sponsors/owners.

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FROM THE OFFICERS & MEMBERS OF LOCAL 21

BUSINESS MANAGER

RON DIAZ

BUSINESS AGENTS THOMAS CAREY SEAN CAREY JOSEPH DULLEA THOMAS O’BRIEN PRESIDENT John Stalker

VICE PRESIDENT Don Calabrese

EXECUTIVE BOARD Nick Cassetta Joe Molella Mike Sweeney Mike Zottola Paul Abbatello

FINANCE COMMITTEE James Buckley

Paul Cancellaro

EXAMINING BOARD Larry Muir Frank DeJesus John Ellis Sean Nickerson INSIDE GUARD Anthony Maselli

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Damage Prevention With you for every step.

For Safety. For Family. For Community.

www.DigSafelyNewYork.com

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Construction in HV Experiencing Post-Pandemic Rebound

By Barry Lewis, Vice President of Communications for CCA

New York’s economy has struggled during the pandemic, but it could be primed for a boom this summer.

The first six months of 2021 have

bit slow in Rockland (County) but

He said there are also school

seen big materials cost hikes,

otherwise we’re nearly 100-percent

projects in Pine Bush, and ones

increasing labor shortages and

cross-employed. We had to use

with Project Labor Agreements

uncertainty over federal action on

half-a-dozen plumbers as laborers

already in place in Marlboro and

a major infrastructure package. But

to fill spots.”

Newburgh, as well as about 85

as businesses start to reopen and New York officials ease restrictions on public gathering places as the state’s positive

Among the construction projects Diorio said were in the pipeline for the coming months:

the Hudson Valley. Diorio said after meeting with state elected and government officials he was

rate declines and more people

• Resorts World Catskill’s new

feeling confident about approval

are vaccinated, optimism in the

$32 million gambling hall in

for Danskammer Energy’s $500

economy continues to grow.

part of the Newburgh Mall that

million gas-fired power plant in the

is expected to create some 200

Town of Newburgh. Danskammer

construction jobs.

must obtain a certificate of

Todd Diorio, President of the Building and Construction Trades Council of the Hudson Valley noted

• Chicago-based Green Thumb

that nearly 95 percent of his 7,500

Industries’ $155 million cannabis

members are on the job.

growing and distribution facility

“The carpenters, laborers, iron workers…they’re all busy now and we have several big projects lined

at the Warwick Technology Park at the site of the former Mid-Orange Correctional Facility.

up in the coming months,” said

• Amazon’s 631,000-square-foot

Diorio. “From Utica to Westchester

warehouse at the former IBM

people are working. Things are a

campus in East Fishkill, creating hundreds of construction jobs.

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solar projects in four counties in

ON THE LEVEL:

environmental compatibility and public need from the New York State Board on Electric Generation Siting and the Environment. It’s part of what’s called an Article 10 process.

Before 2020, the nation’s construction employment increased for nine consecutive years, though it never met the peak reached before the

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Construction in HV Experiencing Post-Pandemic Rebound

Great Recession. In New York state, employment reached

Since the NYBC forecast was published, the Biden

a record 406,600 jobs in 2019, falling by 10.9 percent to

Administration passed a $1.9 trillion economic relief

362,200 jobs in 2020. Overall, New York state had the

package, the American Rescue Plan (ARP), that includes

highest construction job loss of any state and accounted for

state and local aid, with New York State receiving

nearly 20 percent of the industry’s job losses nationwide.

$12.7 billion. The ARP and the previously passed

As New York City was the early epicenter of the COVID 19 outbreak in the United States, the construction industry

federal pandemic relief bills will likely boost government construction activity.

in the downstate area suffered disproportionately. In 2020,

In addition, the President has proposed a $600 billion

construction employment in the area declined by 12.9

bi-partisan infrastructure plan that provides substantial

percent, compared to a decline of 1.7 percent in the rest of

funding for roads and bridges, rail, ports and airports, water

the state.

infrastructure, broadband, and commercial building retrofits.

During the State’s pause on construction, many

“I think post-pandemic we are faring pretty well right

government construction and infrastructure projects were

now in this region because we have a great consumer

deemed essential and allowed to continue, such as those

market in the NY metro area,” said Maureen Halahan,

involving schools and health care facilities. The New

President & CEO of the Orange County Partnership for

York Building Congress (NYBC) projects that growth in

Economic Development. “Our industrial project portfolio

government spending will continue in 2021, increasing

is incredibly robust right now because consumers are back

by 9.9 percent, but then decline by 5.5 percent in 2022 to

and they want their stuff, they want it delivered quickly

reach $21.9 billion.

and manufactured in America. Hopefully we will see a bigger trend in getting more manufacturing.”

ON THE LEVEL:

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Over 27 Years of Experience in All Phases of Masonry BUILT ON EXPERIENCE AND TRUST Contact James McGowan 845.339.0329 jim@mcgowanmasonry.com 5 Railroad Avenue, Kingston, NY 12401 62

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PARAMOUNT BUILDING CONSTRUCTION INC. 28 WINDSOR HIGHWAY NEW WINDSOR, NY 12553 845.569.0970

GENERAL CONTRACTOR        

Metal Framing Drywall Insulation Carpentry ACT Ceilings Doors/Hardware Millwork Specialty Construction

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Options Given on Route 17 Expansion Study

By Barry Lewis, Vice President of Communications for CCA The potential cost on proposed changes to Route 17 in Orange and Sullivan counties could run from $245 million to an estimated high of $1 billion, depending on the option chosen for the long sought-after project.

Details of the various designs, estimated costs and impacts to the environment, users and communities were released at a public virtual workshop on June 3, sponsored by the New York State Department of Transportation’s Route 17 Planning and Environmental Linkage (PEL) study group.

The new designs being considered, as part of the study, include the closure of two Sullivan exits and major upgrades to several more. There would be roundabouts, on-ramps and off-ramps, new park and ride facilities and the construction of a third lane in both east and westbound directions - all changes geared toward improving traffic flow and making driving on Route 17

So far, the 45-mile-long project has two options. The first, explained by officials, uses the existing footprint and would cost between $550 million to $710 million. The second widens roadways, among other improvements, and would cost $790 million to $1 billion.

“We’re very early in the environmental process, and

safer, project managers said.

that’s the point of the PEL study,” warned Mike Fleisher,

Engineers looked at the levels of service along the part of

the widening. “These are early estimates based on the best

Route 17 from Exit 103 in Sullivan County to Exit 131 in Orange County.

a consultant for 17-Forward-86, a coalition that supports method the DOT decides to implement the improvements.

There’s a wide range, but what ultimately will be the costs will be somewhat determined on how the improvements are made and which improvements are made with interchanges.”

The DOT has scheduled a public meeting on the project for September 14. Transportation officials are expected to issue the final PEL report sometime in October.

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North Atlantic States Regional Council of Carpenters

LOCAL 279 Serving Westchester, Rockland, Putnam, Dutchess, Orange, Ulster, Sullivan and Columbia Counties 10 Corporate Park Drive, Suite A, Hopewell Junction, NY 12533 Phone (845) 440-1024 Fax: (845) 202-7398 www.carpenterslu279.org

EXECUTIVE BOARD President – James Malcolm Vice President – Edward Cooke

Treasurer – Matt Ross

Recording Secretary – Scott Smith

Financial Secretary – Pedro Galaviz

Warden – Stephen Jones, Jr.

Conductor – Edmond Streich

Trustees: Danny Durham, Augusto Marciante, Kevin Smith

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JOIN THE CCA! For over 60 years the Construction Contractors Association of the Hudson Valley

has had a hand in almost every significant construction project across the region.

With its strategy of providing quality management coupled with outstanding workmanship by highly skilled local labor, CCA is the right choice to get the job done right, on time and within budget.

Membership to the CCA includes: • Promote your business or company on all CCA social media platforms

Members can take advantage of our health insurance plans that offer: • Multiple plans to choose from

• Contact list of professional contractors, suppliers and service providers

• Favorable premium rates not available in the open market

• Direct networking with our members at golf outings, lobster bake and holiday gathering

• Highly rated national insurance companies • Extensive lists of preferred providers

• Availability of PPE supplies

FOR MEMBERSHIP: Call 845-562-4280 or info@ccahv.com

FOR ASSISTANCE WTH CCA HEALTH PLANS: Contact Robin Seidman at rseidman@ccahv.com or Millie Rodriguez at mrodriguez@ccahv.com

845-562-4280 66

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ccahv.com

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RBT CPAs, LLP is your solution for all of your accounting, tax, and assurance needs. Make sure you are operating at peak financial efficiency by leaving your financial statements, internal auditing, and overall business analyses to us.

Offices in Newburgh, Poughkeepsie, Wurtsboro & NYC

Serving the legal needs of the business community in the Hudson Valley for more than 75 years for profit and not-for-profit corporations, real estate, medical services, construction, trusts and estate planning, and local government

Call (845) 567-9000 www.rbtcpas.com Over 55 Years of Personal Attention & Solutions for Your Professional Financial Needs

655 Little Britain Road New Windsor, NY 12553

845-562-9100 www.riderweiner.com

Providing the calm after the storm

Since 1928

Helping contractors and businesses in New York with their insurance needs

Liability • Property • Workers’ Compensation • Surety

Call us to review your insurance today!

380 Broadway

85 Civic Center Plaza

Newburgh, NY 12550 Poughkeepsie, NY 12601 845.561.1706

845.485.6300

30 Scott’s Corners Dr. Montgomery, NY 12549 845.561.1706

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Success of Worker Compensation Reform still to be Determined

By Barry Lovell

In 2007, the New York State Legislature passed major reforms to the workers’ compensation system. Now, almost a decade and a half later, we may finally begin to find out if those reforms achieved any long-term savings. The easiest way to understand the situation is to look at one claim from 2008.

In January of 2008, a nurse injured her neck and back while lifting a patient. By May of 2011, it was clear that she would not recover substantially from the injury.

The Workers’ Compensation Board (WCB) found her to be permanently partially disabled with an 87.5 percent loss of wage-earning capacity. Had the injury occurred a year earlier, she would have received $400.00 per week for the rest of her life.

In March of 2007, the legislature had instituted certain reforms. As a result, permanently partially disabled claimants with sufficient earnings were now entitled to receive increased weekly benefits—but there was a catch. Since partially disabled claimants still had some capacity to work, benefits would no longer continue indefinitely. The WCB awarded her $500 per week for 475 weeks.

reform. And the carrier valued the claim at approximately half the value of a pre-reform claim.

an unemployed former postal service worker, had applied for Social Security disability benefits and had been rejected because they did not have enough credits. The legislature had been concerned about the fate of claimants with serious disabilities, so had written into the law an extreme hardship provision.

Claimants, prior to the expiration of their benefits, could apply to the WCB, and request that they be reclassified as totally disabled, and thus entitled to lifetime benefits. The hearing judge reviewed her situation and refused to grant future benefits.

She appealed to the WCB.

Anecdotal evidence suggests that the reforms indeed lowered costs. In May, the New York Compensation Insurance Rating Board (NYCIRB), whose filings form the foundation of compensation insurance pricing, filed for a 6.4 percent decrease in loss costs. This is the fifth year in a row of loss cost decreases. Meanwhile, the years 2017 through 2019 were among the most profitable years ever for New York workers’ compensation insurance carriers.

But the story behind those profits raises some concerns. According to NYCIRB data, carrier loss results were partially driven by reserve releases. What this means is that when carriers estimated the ultimate cost of their claims in the first decade post the 2007 reforms, they guessed too high, and have now come to believe that they no longer need to set aside as much money to pay for future claims. Those now surplus reserves have fueled

Now 53, the claimant was still not working and had no source of income. Both she and her husband,

The 2007 reforms seemingly promised the impossible: giving claimants a greater share of wage replacement while still saving employers money. In this case, the claimant received 25 percent more per week than she would have pre-

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Those benefits were set to expire in June of 2020.

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From Albany to Buffalo, and Plattsburgh to Montauk, we represent the construction industry in

The Empire State

Barry Lovell is the President of Lovell Safety Management Co., LLC. He can be reached at 212-709-8600 or blovell@lovellsafety.com.

recent profits. Moreover, as each post-reform year has generated new data, the factors used by actuaries to predict future loss development have come down considerably.

Are those assumptions correct? The case of the injured nurse raises some potential doubt. When the WCB reviewed her claim, they found that she did indeed face extreme hardship, and modified her award

Couch White counselors and attorneys at law Construction Contracts Government Procurement & Contracting Construction Claims, Liens & Insurance Mediation, Arbitration & Litigation Labor, Wage & Collective Bargaining False Claims Act Defense

Experience. Success. albany, Saratoga Springs, New York City and Hartford, CT www.couchwhite.com | (518) 426-4600

to a total disability, awarding her lifetime benefits. Based upon our back-of-the-envelope calculations, the insurance carrier, rather than being discharged from future payments, now needs to set aside an additional $466,000. The claim that cost half as much, really costing the carrier 50 percent more than under the old system.

Since 2018, the WCB has ruled on approximately 3 dozen cases involving the issue of an extreme hardship redetermination with only 3 in favor of the claimant. But those cases are a very small fraction of the total number of potential claims. The ultimate success of the 2007 reforms will be determined by how many claimants who reach the end of their capped award require continued benefits.

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NEW MEMBERS Durante Rentals since 2009 has been providing construction equipment rentals throughout the Tri-State area. Durante Rentals rents, sells, and services equipment to a wide range of customers working in general construction, homebuilding, facilities maintenance, structural engineering, entertainment, government, and civil construction. Company representative Joseph Patasso can be reached at 845-456-6969 or jpatasso@duranterentals.com Durante Rentals has locations throughout the Tri-State area. For more information visit duranterentals.com Federated Mutual Insurance Company offers clients tailored insurance solutions and risk management tools. Resources like employee training materials, risk management seminars, and compliance information help clients identify and control hazards unique to their industries, create a safer work environment, and successfully operate their businesses. Contact Steve Powles at 845-674-3290 or scpowels@fedins.com.

Jett Industries, Inc. is a leading general contractor to construct and modify water and wastewater treatment facilities, with more than 200 public projects completed over the past 30 years. The company, founded in 1985, has grown from two employees to more than 100, building projects throughout New York State. In addition to water and wastewater facility construction, Jett provides general contracting for bridge, utility, and pre-engineered building construction. Contact Area Manager Steve Gillett at 201-832-0231 or Steven.

Gillett@kiewit.com. For more information www.jettindustries.com

MILESTONES

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Andron Construction Corp.

Clean Air Quality Service, Inc.

Harden Sheet Metal, Inc.

Goldens Bridge, NY

Hawthorne, NY

Newburgh, NY

www.androncc.com

www.caqs.com

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Partner Equipment Rentals, LLC is owned and operated by the del Aguila family, that has been offering rentals services in New York’s Hudson Valley since 1992. Partner Equipment Rentals was founded in 2016 to provide high quality equipment and dependable, competitive service for local businesses and homeowners. Partner Equipment, working locally for local businesses, offers top-quality brands for your project. Contact Ernesto del Aguila at 845-330-2524 or Ernesto.delaguila@partnerrentals.com.

For additional information partnerrentals.com Schultheis & Panettieri, LLP, founded in 1927, is a leading provider of accounting, consulting, information technology, and tax services. Specializing in benefit compliance, tax planning evaluations, and software development and consulting, the firm credits its success to dedicated service and long-standing client relationships. Contact Partner James Heinzman at 631-273-4778 or JHeinzman@snpcpa.com For more information www.snpcpa.com

MEMBERS HONORED Congratulations to CCA members LeChase Construction, Pike Companies and Holt Construction for being named to the 2021 Engineering News-Record (ENR) list of top 400 U.S. Contractors. LeChase was ranked at #108, moving up from #112 in 2020. Pike was ranked at 208 and Holt was ranked at #371. Well done!

Sterling National Bank

United Rentals

Pearl River, NY

Newburgh/New Windsor, NY

www.snb.com

www.unitedrentals.com

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OVER 100 YEARS OF CONSTRUCTION EXCELLENCE A national network headquartered in the Hudson Valley

Holt Construction is a full-service Construction Management and General Contracting firm offering a broad range of services in markets that include transportation, education, corporate interiors, aviation, healthcare, hospitality, retail, and food & beverage.

info@holtcc.com | 845.735.4054 New York | New Jersey | Pennsylvania | Massachussetts | Texas | Florida

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OUR MEMBERS Paramount Building Construction, Inc. Enviro-Clean ABM Air Conditioning Partner Equipment Rentals, LLC F & F Mechanical Advanced Disaster Recovery, Inc. Pattern for Progress Fairway Testing Co., Inc. Advance Testing Company, Inc. PCC Contracting Federated Mutual Insurance Co. The Affinity Group Pearl River Sheet Metal Ferrari & Sons, Inc Alfandre Architecture, P.C. Penlyn Construction Corporation Focus Media All Bright Electric Perreca Electric, Inc. Goldinson Cor. AMX Contracting Corp.

The Pike Company, Inc. Grassi & Co. CPAs Andron Construction Corp Pittman & Brown, Inc. Halmar International, LLC Antalek & Moore Insurance Agency PKF O’Connor Davies, LLP Harden Sheet metal, Inc. Architectural Door & Hardware of NY Printeks Construction Hauser Bros., Inc. Argenio Brothers, Inc. Documentation Services Helmer-Cronin Construction, Inc. Armistead Mechanical, Inc. RAL Supply Group Herzog’s Home & Paint Centers Atlas Security Services Raritan Group, Inc. Hesnor Engineering Associates, PLLC – Guards & Patrols RBT CPAs Holt Construction Corp.

Barone Construction Group, Inc. Rider, Weiner & Frankel, P.C. iSER Consulting, LLC Barrett Sheet Metal Co., Inc. Riverside Bank J & M Heating & AC, Inc. Basec Corp.

RKB Sheet Metal Key Construction Services Beam Enterprises, Inc. Rockland Business Association Keystone Management Associates BNY Mellon Ross-Ellis & Associates, LLC Lakeland Bank The Bonadio Group Steven A. Scala, CPA, P.C. LeChase Construction Services Stacey Braun Associates, Inc. Schumacher Systems, Inc. Liberty Mutual Broadfield Insurance Service Scaffold Company, Inc. Link Metal Finishing Corp.

Butler Construction Group, Inc. William A. Smith & Son Insurance Liscum McCormack VanVoorhis Callanan Industries, Inc. Sterling National Bank Lovell Safety Management Carey & Walsh, Inc. C.B. Strain & Co. H.T. Lyons, Inc. Casler Masonry, Inc. Sullivan Construction Group, LLC M & T Bank Catania, Mahon & Rider, PLLC Sullivan County Partnership Marshall & Sterling Central Hudson Gas & Electric Corp.

Sullivan Fire Protection Corp.

U.W. Marx Construction Company Clean Air Quality Services, Inc. Taconic Heating & Cooling Matrix Asset Advisors, Inc. CohnReznick, LLP Taylor Montgomery, LLC McGoey Hauser & Edsall Consulting Colliers Engineering & Design TDX Construction Corporation Engineers, DPC D.A. Collins Construction Co., Inc. Tectonic Engineering Consultants, James McGowan & Son Masonry, Inc. Con-Tech Construction Technology, Inc. Geologists & Land Surveyors, DPC MDS HVAC-R, Inc. Couch White, LLP Tri-State Associated Services, Inc. Merrill Lynch Council of Industry of Southeastern NY Tri-State Drywall & Acoustical, Inc. B. Miller Masonry, Inc. CSG Partners – ESOP Advisory Turner Mechanical Service Milliman, Inc. Custom Exterior Systems U.S. Test & Balance Corp.

ModernfoldStyles D & G Electrical Supply Co., Inc. Ulster Savings Bank Nadoka Luxury Cleaning John W. Danforth Company United Rentals NEXGEN Protection Services, LLC Darlind Associates, Inc. Upstate Electrical, LLC Northwestern Mutual DeBrino Caulking Associates Walden Savings Bank NXG Insurance Group D.L. Flow Tech Wallkill Valley Federal Savings Bank O’Kane Enterprises, Ltd. Delaware Engineering Welby, Brady & Greenblatt, LLP Olori Crane Service, Inc. Ductmate Industries World Insurance Associates.

Orange Bank & Trust Company Durante Rentals Orange County Chamber of Commerce Dutchess County Regional Chamber Orange County Ironworks, LLC of Commerce Orange & Rockland Utilities ECCO III Enterprises Ray S. Pantel, Inc. EMF Technical Services

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1.800.264.PIKE | www.thepikecompany.com | pike@pikeco.com 74

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ADVERTISERS INDEX Advance Testing Company, Inc......................................................................................Page 76 Alfandre Architecture, P.C..............................................................................................Page 40 Armistead Mechanical, Inc.............................................................................................Page 21 Barrett, Inc..................................................................................................................... . Page 47 Beam Enterprises, Inc.................................................................................................... .Page 32 Bricklayers & Mason Local 1 NY................................................................................. .Page 52 Catania, Mahon & Rider, P.L.L.C................................................................................. .Page 40 Couch White, LLP...........................................................................................................Page 69 John W. Danforth Company.......................................................................................... .Page 62 Darlind Associates, Inc.................................................................................................. .Page 5 Grassi & Co. CPAs..........................................................................................................Page 31 Holt Construction Corp...................................................................................................Page 72 Ironworkers Local 417.................................................................................................... Page 23 Key Construction Services..............................................................................................Page 20 Kokalakis Contracting.....................................................................................................Page 55 Laborers Local 17 L.E.C.E.T.......................................................................................... Page 37 Laborers Local 235......................................................................................................... Page 56 Laborers Local 754......................................................................................................... Page 22 Lovell Safety Management Co....................................................................................... Page 2 Marshall & Sterling........................................................................................................ Page 34 James McGowan & Son Masonry, Inc........................................................................... Page 62 North Atlantic States Regional Council of Carpenters.................................................. Page 36 North Atlantic States Regional Council of Carpenters Local 279................................. Page 65 Northwestern Mutual...................................................................................................... Page 6 Olori Crane Service, Inc................................................................................................. Page 44 Operating Engineers Local 137...................................................................................... Page 49 Orange & Rockland Utilities – Dig Safely..................................................................... Page 59 Paramount Building Construction, Inc........................................................................... Page 63 PCC Contracting............................................................................................................. Page 67 Perreca Electric, Inc........................................................................................................ Page 21 The Pike Company.......................................................................................................... Page 74 Plumbers & Steamfitters Local 21..................................................................................Page 58 Printeks Construction Documentation Services.............................................................Page 44 RBT CPAs.......................................................................................................................Page 53, 67 Rider, Weiner & Frankel, P.C..........................................................................................Page 67 William A. Smith & Son Insurance................................................................................ Page 67 Taylor-Montgomery, LLC...............................................................................................Page 50 Tectonic Engineering Consultants, Geologists & Land Surveyors, D.P.C. ..................Page 34 Tri-State Drywall & Acoustical, Inc............................................................................... Page 51 Welby, Brady & Greenblatt, LLP....................................................................................Page 54 ON THE LEVEL:

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CONSTRUCTION MATERIALS TESTING + INSPECTION .......................................................................

BUILDINGS | HIGHWAYS | BRIDGES | AIRPORTS | TUNNELS

845.496.1600 • www.advancetesting.com