Our members are always doing great things, and we want to share the news.
On the Level, the quarterly magazine of the CCA of the Hudson Valley, SMACNA Southeastern and FERCA, welcomes your columns, photographs and story ideas for consideration. Working on a great project? Involved in a worthy community cause? Have an opinion on an issue, trend or piece of legislation? Let us know!
To submit a story or column or to pitch an idea, email CCA Marketing Consultant Robin Seidman at rseidman@ccahv.com or call her at 845-562-4280.
Fabricators, Erectors & Reinforcing Contractors Association
Justin E. Darrow — Chairman
Jake Bidosky — Vice Chairman
Bernie Hillman — Secretary
Daniel Teutul — Treasurer
Ron Olori — Trustee
SMACNA of Southeastern NY
Steve Mulholland — President
Dominick DiViesti — Vice President
William Haskel — Treasurer
Mark DiPasquale — Secretary
James D’Annibale — Immediate Past President
Louis J. Doro — Trustee and Chapter Representative
Richard K. Berg — Trustee
Dan Harden — Trustee
Dennis LaVopa, Jr. — Trustee
Association Staff:
Alan Seidman — Executive Director
Robin Seidman — Marketing Consultant
Millie Rodriguez — Office Administrator
A Note from the Editor:
It’s that time of year where we put 2025 in the rear-view mirror and make plans to hit the ground running in 2026. Luckily, our guest columnists are sharing their expert advice and tried and true tips to ensure you have as much information as possible to put best practices in place.
Many thanks to:
Tom Zupan – RBT CPAs
Nick Lozito - Catania, Mahon & Rider
Garry Michel – Walden Investment Services
David Martin - The Chrys Group - Merrill Lynch, Pierce, Fenner & Smith Inc.
Greg Sousa – Orange Bank & Trust
Katherine Crain - Couch White
Robert Lockwood, Jeff Deldin, Brian PaulWorld Insurance
Jason Fisch – Fisch Solutions
Conor Eckert – Orange County Partnership
Steven Bell – Lovell Safety Management Co.
Dan Depew – Holt Construction
Dr. Brandon Kjartansson – Lower Hudson Valley Employee Assistance Program
Mary Ellen Cologero – Wilmington Trust/ M&T Bank
- Robin Seidman
Director’s Message
The last column seems to be the hardest to write.
I keep a Red Adair quote on my desk: “If you think it is expensive to hire a professional, wait until you hire an amateur.”
That quote symbolizes what has made being your Executive Director so special. The people I work with are some of the finest professionals around — from our Association staff, leadership, members, and Union partners. What a privilege I have had to interact with these folks on a daily basis. Life is about relationships, and the relationships I’ve made at CCA have rewarded me with so many rich memories.
I mentioned a few people in my last column, so please pardon my repeats, but many thanks to Ross Pepe who mentored me from day one, and to John Cooney, who took on that tough task when he took over CIC from Ross.
To the leadership of the Construction Trades in the Hudson Valley — Todd Diorio, Bill Banfield, Matt Stoddard, Mike Gaydos, Steve Reich, RJ Merritt, Scott Smith, Mike Clifford, Mike Columbo, Jeff Loughlin — thank you for your vision, hard work and friendship.
To all my Board members throughout the years, thank you for your dedication to the betterment of our Associations.
To Robin, thank you for coming out of retirement to take over the magazine and doing a wonderful job with it.
Millie, thank you for your professionalism, your upbeat attitude and making our Association ships sail so smoothly!
Finally, to Dan Depew: I wish you much success as the next Executive Director. I don’t think the Board could have picked a finer individual to lead and grow our Associations. The combination of your background in the private sector as well as government leadership positions, along with your fortitude and intelligence, bodes well for the future of our organizations. All the best!
To all of you, continued success and happiness for many years!
Alan Seidman
Alan Seidman Executive Director
A Message From CCA Board President Jim McGowan
It is my great pleasure to welcome Dan Depew as the incoming CEO and Executive Director of CCA effective January 1, 2026. While it is hard to see Alan Seidman retire from the association, the CCA Board and I agree that Dan is the perfect person to take over the reins.
Dan is no stranger to the construction industry or to CCA, for that matter. As a board member for the past 4 years, Dan is acutely aware of the challenges facing our industry. In addition, as a former elected official, he is able navigate the government world and build the relationships needed to make sure our members are strongly considered for municipal projects. Dan’s ties to the Hudson Valley business community, his knowledge and his personality will ensure that CCA continues its involvement with existing and future significant projects in our region which translates to more work for our members.
Alan’s impact on CCA over the last 17 Years has been substantial. When he started, the association was in financial stress and suffering from reputational risk with its business partners. With laser-focus, Alan was able to “right the ship” by carefully overseeing and growing the budget and by mending fences with our union counterparts. He has been recognized in the community for his economic development successes as well as his efforts on behalf of Hudson Valley non-profit organizations. He will certainly be missed by the board, our members and the community.
Good luck in retirement, Alan, and welcome to Dan!
Meet Dan Depew
Many of you already know Dan Depew who will be taking the reins as the incoming CEO and Executive Director of CCA. His experience in healthcare, property management, construction, property development, aviation, local and NYS Government as well as agriculture makes him the ideal person to lead CCA in its future endeavors.
Currently the Director of Business Development at Holt Construction, Dan has a reputation for success with complex projects, negotiations, and policy implementation. He has always been a strong advocate for all things Hudson Valley, and his community involvement gives him the opportunity to make a difference.
Dan currently serves as President of the Board of Governors for NYMIR which insures over 1000 municipalities in the State of New York, is Co-Chair for Alliance for Balanced Growth, a Board member of the Hudson Valley Construction Contractors Association and is a sought after keynote presenter for Leadership Orange and other Organizations. He has served on the Hudson Valley Boys Scouts nominating committee, Cornell Cooperative Extension’s Board of Directors in Orange County, and currently is a member of the Board of Directors for Ulster Savings Bank.
He has more than 19 years of experience as an elected official in the Hudson Valley and has served in key roles in the public sector as Deputy County Manager in Sullivan County and Supervisor of the Town of Wallkill. He also served as a Legislator for the 18th District of Orange County and was a Councilperson on the Wallkill Town Board.
Dan has a Bachelor of Political Science and International Relations degree from SUNY New Paltz and an Associate of Arts degree from SUNY Orange in Middletown. He lives with his wife Marybeth in the town of Wallkill and is the father of three children who attend Pine Bush schools.
Welcome to Our New Members
We are pleased to welcome the newest members to the Construction Contractors Association of the Hudson Valley:
Hess Technology Consulting Inc.( HTC) is a technology consulting and IT managed services organization that works with Unions, Benefit Funds, Training Funds, Legal Services, Software Vendors, Actuaries, and Consultants to advance core business goals and initiatives. The company performs IT assessments, analyzes the results and recommends the solutions to its clients. In addition, HTC partners with its clients to complete IT projects including Cyber Security assessment & plans, business continuity planning, IT infrastructure upgrades, hardware/software purchases and implementations, and more. HTC also provides managed IT services, infrastructure as a service (IaaS), data center management, business continuity, and on-demand hardware, applications support services. HTC’s unique knowledge of the Union industry and its technology needs allows HTC to provide outstanding service and peace of mind to its union clients.
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The Fed Rate Cut:
A Cue to Review Your
Investments
By David Martin, CPFA™, CIMA® Vice President & Senior Investment Manager NMLS ID 1441863
The Chrys Group - Merrill Lynch, Pierce, Fenner & Smith Inc.
The Federal Reserve (FED) lowered the federal funds rate by .25% on Wednesday, September 17, marking the first Fed rate cut since December 2024. “The Fed has signaled the possibility of two more cuts before year end, with additional cuts possible in 2026,”1 says Chris Hyzy, Chief Investment Officer for Merrill and Bank of America Private Bank.
The Fed typically lowers rates to jumpstart an economy showing signs of slowing. The economy added only 22,000 jobs in August and unemployment, a key concern for the Fed, rose.2 That’s what prompted the much-anticipated rate cut, even though inflation, the Fed’s other key concern, remains higher than its 2% target.
In this case, however, the economic news isn’t all bad. Despite a softening labor market and sticky inflation, “consumers are spending, corporate earnings and capital expenditures remain strong and equity markets have been reaching new highs,” says Hyzy. “With a period of declining rates likely to follow today’s rate cut, investors may want to consider making some portfolio adjustments.”
Lower rates = higher returns?
While markets rallied in advance of the September cut, there are strong indications of additional room to grow, Hyzy believes. In addition to easier access to capital stemming from an easing rate environment, companies are poised to benefit from a host of tax incentives contained in this year’s “One Big Beautiful Bill.”
Three moves for investors to consider now.
Lock in longer-term bond rates before they fall. “Putting money into longer-term bonds before rates drop further could help you diversify equity
risk with higher, more stable income,” Hyzy says. Look for potential buying opportunities. “For growth, we would view any temporary market weakness as an invitation to strategically invest in equities, especially if you have excess cash,” he says. The declining rate environment may create potential opportunities in areas such as real estate, industrials and financials. Take a look at small-cap companies and infrastructure stocks. Small caps may benefit from easier access to capital. Meanwhile, says Hyzy, the massive buildout of data centers to power artificial intelligence could also create long-term opportunities in infrastructure. While stocks are susceptible to short-term price swings, they also give you the best chance of staying ahead of inflation and helping you or your organizations money last.
Creating a solid investment strategy is one thing. Sticking to it is another, and our emotions can sometimes cause us to act too hastily when markets get volatile. As always, consider diversifying across and within asset classes, and keep in mind that any portfolio changes should align with your long-term goals.
1CNBC, “Fed approves quarter-point interest rate cut and sees two more coming this year,” September 17, 2025.
2CNBC, “Payrolls rose 22,000 in August, less than expected in further sign of hiring slowdown,” Sept. 5, 2025.
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The Key to Employee Retention: Find Out what Motivates Them
Cookie Cutter Solutions Don’t Work Anymore
By Dan Depew Director of Business Development Holt Construction
Most people who know me know this: I’ve had a lot of different jobs.
I’ve worked in retail, in agriculture, in politics and in development. I’ve worked in aviation,horticulture, the medical industry, finance, and now, in construction. Throughout all of these experiences, the relationships I’ve cultivated have played a valuable role in my success, not to mention how I feel about myself and my value to my community.
As I have changed positions, I too have changed, and a key teacher has had a major impact: Harold Card. Harold is a wonderful man who taught self-improvement courses and motivation programs to some of the best and brightest leaders in our region and around the world.
Over the years, Harold has generously allowed me to share his teachings in my Prosperous Valley Leadership Program, and now, after 15 years of presenting Harold’s most cherished principles of success, I guess I can now add Motivational Coach to that list of careers. I’ll be using this issue’s column space to share Harold’s cherished wisdom again.
I recently shared the program with Leadership Orange, and for the past two years I have had the honor of being one of its program openers. If you have not experienced Leadership Orange, let me tell you: It is great. The program welcomes professionals from almost all backgrounds and takes a deep dive into all things Orange County. It includes aspects of self-enrichment for leadership, and that’s where my course comes into play.
Human Relations, Skills, and Attitude
As part of the program, I send out a pre-course questionnaire with a goal of understanding the individual motivating factors of the people in the room. As business leaders, employers, and owners, we all struggle with retention and motivating our staff. We also all know that hiring and training costs time and money, and that losing key people is pricey. So how do we keep good people?
Here’s the answer: Stop assuming. Most companies make offers to employees with no idea whether or not that offer is welcomed and appreciated. Clearly there are times you can’t hold on to someone, but you should never be surprised when someone in your organiza-
tion leaves or is looking to get out. If you’re surprised, it’s because you’re not paying attention.
Think about it. Do you ever ask your people what motivates them? If they told you, what would you do with the information?
Most companies do annual reviews, focusing the entire review process around a raise or a bonus. The employee then gets something they wanted, or even something they didn’t want.
Imagine your organization is tight on cash. You have a great employee, and you assume a nice raise is the only way to keep them around. But maybe what that person really wants is more schedule flexibility. Maybe they want to work from home a couple of days a week or would love a four-day week. But you know nothing about them or what they’re hoping for.
Now trust me; they appreciate the money. But each evening they’re home and talking to their spouse about making a job change, despite that salary bump. Why? Because you are trying to put a square peg in a round hole.
The pie charts represent the different types of people in the 50-person Leadership Orange Group who participated in the questionnaire.
The chart on the right shows the number of people who admit to ever being asked to take a questionnaire about their motivations. Over 91% said no.
I recently asked 50 professionals if an employer ever asked them about what motivated them to come to work. Fewer than 9 percent said yes. In fact, one respondent noted that their company — faced with a major retention problem — did a survey that revealed a vast array of motivating factors among the staff. The shocker? Money was not at the top of the list.
Human Resources tried to convince company owners to change their incentives platform to reflect the survey results, failed, and the retention problem worsened. Money, quite simply, isn’t always the answer.
This pie chart shows the diversity of participants employment fields participating in the group.
This Chart offers insight in the things that people value least in motivating themselves in the working environment.
It makes perfect sense if you think about it, and I’ve seen proof time and time again when I ask my classes if their motivations evolve through the course of their work lives. The answer — by a margin of 100 percent — is yes. Your people are constantly growing and changing, as are their wants and their needs.
The best way to assess your staff's’ changing motivations is to communicate with them and my program recommends a simple questionnaire at the time of hire. Then use the same questionnaire at each annual review and track the responses. This enables you to plot out how your staff’s motivations are changing and how your organization can make changes to its offerings.
As many of you experience the challenge of maintaining staff through post-pandemic inflation, it is important that you don’t miss the downward curve that will most likely hit soon, with money becoming less of a motivating factor. Stability and flexibility can take the lead.
There are some similarities in groups of people but remember that diversity in your workforce also makes diversity in your offerings. Re-create your culture so your incentives begin to match an array of individual motivators - different strokes for different folks. If the benefits are communicated and explained, issues of fairness shouldn’t be a concern. Failure to explain the reason for the change in incentives and compensation leaves a deadly gap for interpretation.
It is hard to find good people in any industry, particularly the construction industry. Surveying people about their motivation for work will keep you current on the circumstances that affect them as they grow, both personally and professionally. The strongest leaders, organizations, and groups in the world change over time.
So, ask yourself, am I thinking about them?
Dan Depew has a degree in Political Science and International Relations and has been a municipal leader on multiple levels of local government in the Hudson Valley for over 20 years. He has been a leader in the community, serving on various boards and as a keynote speaker on topics affecting the Hudson Valley, national issues, and leadership development. He is currently the National Business Development Director with Holt Construction.
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Specialty Construction
Attention Employers: EAPs Can Strengthen Your Teams and Boost Productivity
By Brandon J. Kjartansson, PhD, MSW
In the trades, skill and preparation are everything. We know how to plan the work, adapt when things change, and get the job done under pressure. But the demands of long hours, unpredictable conditions, and the constant need to perform can take a toll — not just on our bodies, but on our minds and relationships. Some challenges can’t be solved with training or experience alone. That’s where the Employee Assistance Program comes in,
offering confidential support to help us stay strong both on and off the job.
Now, I get it. “EAP” doesn’t sound like something made for the trades. It sounds like one of those benefits HR talks about during orientation and then you never hear about it again. But this isn’t some office perk. This is a real-life, no-nonsense, confidential lifeline designed for you, and your family.
Why Employers Should Care
When your workforce is healthy — mentally, emotionally, and physically — your jobs run smoother, safer, and faster. An EAP isn’t just about helping individual employees through tough times; it’s about protecting the business from the ripple effects of burnout, distraction, and unresolved personal issues.
Think about it: a distracted worker is more likely to make costly mistakes. Stress and personal problems lead to higher absenteeism, lower productivity, and more safety incidents. Every call-out, every accident, every delay chips away at schedules, budgets, and client trust.
An EAP is a preventive tool that helps keep those problems from showing up on the job site in the first place. It means your team is focused, dependable, and able to bring their best every day — because they’ve got the resources to handle life’s challenges off the clock. In short: fewer disruptions, stronger morale, and a better bottom line.
The ROI of an EAP
In the trades, productivity runs on people. Every missed shift, every distracted worker, every preventable accident ripples across the site — blowing deadlines, straining budgets, and sometimes sending your safety record into the red. That’s why more employers are turning to Employee Assistance Programs (EAPs) not as a feel-good perk, but as a business tool that keeps crews strong and jobs on track.
An EAP is simple: confidential support for employees dealing with stress, mental health struggles, addiction, family issues, or just the day-to-day curveballs life throws. But here’s the part that matters to you as an employer — it works, and it pays for itself.
It keeps people on the job. Stress, burnout, and personal problems are the number one driver of absenteeism. An EAP steps in early, helping employees stabilize before problems spill onto the timecard. Industry studies show absenteeism drops by as much as 35% when EAPs are in place.
It keeps your best people from walking. Losing a skilled tradesperson isn’t just a headache — it’s expensive. Between recruiting, onboarding, and training, turnover costs can gut a project. EAPs improve morale and retention, keeping your most valuable people on your payroll, not your competitor’s.
It keeps the site safe. A distracted worker is more likely to get hurt — and take someone else down with them. EAPs address the root causes of distraction and poor decision-making, reducing the risk of costly accidents and claims.
It boosts quality and productivity. When your team isn’t carrying the weight of outside problems, they work cleaner, faster, and smarter. In fact, productivity can jump up to 25% with regular EAP use.
And the kicker? For every dollar you invest in an EAP, you can see $3–$10 back in reduced costs and improved performance. That’s not a guess — that’s proven ROI across industries, including construction.
At the end of the day, an EAP isn’t about coddling employees. It’s about protecting your investment — your people, your projects, and your profit. You already spend money on the right tools, safety gear, and training to keep the job moving. An EAP is just another tool in that kit — one that works quietly in the background, making sure your crew shows up ready to deliver.
So, What Does an EAP Actually Do?
Think of it as your personal problem-solving crew, ready to jump in when life takes a swing at you.
EAPs offer:
• Counseling and coaching for stress, grief, anxiety, work-related challenges, and relationship issues — tailored to help you feel balanced and in control
• Addiction recovery support with treatment referrals, ongoing guidance, and peer connections who understand the road you’re on
• Comprehensive behavioral health assessments and follow-up services to keep your mental and emotional well-being on track
• Family support navigation for everything from parenting challenges to special needs services and elder care resources
• Practical financial and legal guidance to help you plan, protect, and resolve issues without draining your wallet
• Rapid crisis response and emotional support when unexpected traumatic events turn your world upside down
It’s free. It’s confidential. And it’s available 24/7. You won’t even have to yell “REPRESENTATIVE!” into the phone.
Why It Works
The EAP works because it’s built on trust, speed, and understanding. Think of it as preventive maintenance for your well-being — keeping you in good working order before the cracks start to show. When you reach out, it stays private — your boss and your union won’t hear about it. You’ll get a quick response and be connected to the right help for whatever you’re dealing with.
And they get it. This isn’t one-size-fits-all advice from someone who’s never stepped onto a job site. The people they connect you with understand the
realities of working in the trades. They meet you where you are — no judgment, no lectures, just real help when you need it.
Bottom Line
In the trades, we never hesitate to invest in the right tools, equipment, and safety gear to protect our people and keep the job moving. But a crew’s greatest asset isn’t just muscle and skill — it’s focus, resilience, and the ability to show up ready to work, day after day.
An Employee Assistance Program protects that asset. It keeps workers steady when life off the clock gets rough, prevents small problems from becoming job-site disruptions, and delivers a return that’s hard to ignore — often three to ten dollars back for every dollar invested. That’s more uptime, fewer accidents, stronger crews, and healthier bottom lines.
At its core, an EAP is about keeping people in good working order — mind and body — so projects stay on schedule and companies stay competitive. It’s not a perk. It’s a business strategy. And in this industry, the smartest investments are the ones that pay you back in both performance and people.
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Richard
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Luke’s Cornwall Chronic Care Center
Understanding the New CPAP Program
Effective October 1, 2025
By Steven Bell Vice President of Underwriting & Sales
If you’re a contractor in New York, you’ve likely heard of the Construction Classification Premium Adjustment Program (CPAP). For years, CPAP has provided a way for contractors who pay higher-than-average wages to receive premium credit on their workers’ compensation policies. The goal has always been simple: rewarding employers who invest in skilled, highly compensated workers.
Beginning with policies effective October 1, 2025, and later, the New York Compensation Insurance Rating Board (NYCIRB) is rolling out a redesigned CPAP. These changes will impact on how credits are calculated, how data is collected, and how contractors can ensure they don’t miss out on valuable premium savings.
Lovell is committed to making sure our contractor clients understand the changes, meet the new requirements, and receive every dollar of credit they’re eligible for. Here’s what you need to know.
Why the Change?
The old CPAP process relied heavily on employers filling out applications and submitting wage information once a year. Participation wasn’t as high as it should have been, and the single wage threshold didn’t always reflect the realities of today’s construction market.
The NYCIRB redesigned CPAP to:
• Increase participation by making it automatic through the audit process.
• Shift the burden to carriers, reducing paperwork for contractors.
• Better compensate wage differences by applying credits at the class code level, not across the board.
In short: this is a modernization of CPAP that should make it easier for more contractors to benefit.
What’s Changing in CPAP
Here are the key updates contractors need to keep in mind:
No More CPAP Application
You won’t have to apply for CPAP anymore. Instead, carriers (like NYSIF) will gather wage and hour data during your audit and submit it to the NYCIRB automatically.
Credits Based on Annual Payroll
Instead of looking at a single quarter, credits will now be based on your entire year of payroll data, making results more accurate.
Class Code-Specific Wage Thresholds
Gone are the days of one-size-fits-all wage tables. Credits will now be calculated for each eligible class code, using average hourly wages compared to prevailing NYS Department of Labor rates.
Estimated Credits at Quotation
For the first time, carriers will calculate an estimated CPAP credit up front at the time of quotation, provided you submit the required data.
Final Credit Determined at Audit
Just like with other parts of your policy, the final CPAP credit will be determined after the annual audit when your actual payroll and hours are verified. NYCIRB will finalize the number, and it will be applied at that point.
How Contractors Can Secure Their CPAP Credit
While CPAP is now built into the system, there are still important steps you’ll need to take to make sure your estimated credit is applied before your audit.
Deadlines Matter
To have your estimated credit applied and your policy rebilled before audit, you must:
• NYSIF policyholders must submit your CPAP estimate within 6 months of your policy’s effective date.
• If you miss this deadline, your credit will only be applied once the final audit is completed.
What You’ll Need to Submit
To calculate your estimate, contractors will need to provide:
1. Total payroll (straight time only) for all class codes.
2. Number of employees for CPAP-eligible class codes and/or
3. Average hourly wage for each CPAP-eligible class code on the policy.
Two Submission Options
Lovell and NYSIF are making it simple:
• Complete the Excel spreadsheet provided by Lovell, or
• Use the NYSIF Online CPAP Estimator. continued...
Understanding the New CPAP Program Effective October 1, 2025
How Lovell Is Helping
At Lovell, we know how valuable these credits can be for contractors. That’s why we’re taking a proactive approach:
Advance Notices – About 60 days prior to renewal, we’ll be sending notices (with the payroll spreadsheet attached) to clients who may qualify.
Hands-On Guidance – Our team will be available to help you complete the spreadsheet, use the estimator, and ensure your data is submitted correctly.
Ongoing Support – If there are any discrepancies between your estimate and what NYCIRB calculates at audit, we’ll coordinate with NYSIF on your behalf.
The bottom line: while CPAP is changing, you won’t have to navigate it alone.
What Contractors Should Do Now
Right now, no action is required. But as October 1, 2025 approaches, contractors should:
1. Stay tuned for updates. Lovell will continue to provide guidance as NYCIRB finalizes implementation details.
2. Gather payroll records. Accurate data will be the key to securing your CPAP credit.
3. Be ready to respond. When you receive Lovell’s notice and spreadsheet, complete it promptly so you don’t miss the six-month window for an estimated credit.
Why This Matters for Contractors
Construction margins are often tight, and workers’ compensation is a significant expense. CPAP credits can add up to real savings—sometimes thousands of dollars annually—for employers who pay competitive wages.
The redesigned program is intended to make those savings more accessible and better aligned with today’s labor market. By working with Lovell and providing the right data on time, you can make sure you capture every bit of credit you deserve.
Final Thoughts
The new CPAP program is a positive change for New York contractors. It reduces paperwork, provides more accurate credits, and ensures high-wage employers are rewarded. But the new system also comes with new deadlines and data requirements that can’t be overlooked.
Lovell is here to guide you every step of the way—from sending the right forms to coordinating with NYSIF and ensuring your credit is applied.
Effective October 1, 2025, CPAP changes the game. Make sure you’re ready to play —and to save.
If you have questions about how these changes may impact your business, don’t hesitate to reach out to a Lovell representative at 1-800-556-8355.
Steven Bell serves as the Vice President of Underwriting & Sales at Lovell Safety Management Co., LLC. He has over 32 years of expertise in WC underwriting, pricing, business & system development, operations & strategic business planning with proven success in the design, development & deployment of complex business & technology solutions.
In 2026 Make Employee Engagement a Priority
By Robin Seidman
It’s a jungle out there – at least when it comes to hiring and retaining top-notch employees. That’s why solid employee engagement tactics are no longer optional nor are they a function of an HR department. Employee engagement is just as important as customers, sales, supply chain and profits. It should be top of mind for every business owner and every manager.
According to renowned pollster, Gallup, employee engagement fell to a 10-year low in 2024 with only 31% of employees in the U.S. reportedly engaged. Consider the opposite: more than two-thirds of employees are just doing a job to get a paycheck and their interest in your business is non-existent. They could leave your company without a backward glance and you with a spot to fill in a highly competitive job market.
Businesses with a well-defined employee engagement plan are generally able to keep their best employees. And for small businesses, it doesn’t take a huge wallet to implement. It just takes a commonsense approach to wrap your plan on what matters most to an employee – what makes them feel valued – what makes them want to be part of your success.
Communication
What is the company’ s vision, short term goals, long term goals? These should not be a secret to your team.
Ask for and encourage feedback. Many of your employees are working much closer to the frontline than you. They hear from the customers, the suppliers, and other employees. Their information might give you the intel you need to tweak a business plan or an employee engagement plan. Be sincere – employees can see through lip service from a mile away.
Well-being and Work/Life Balance
You can’t sweep work/life balance issues under the rug. If nothing else, COVID-19 taught us that family and home life are more important than work life. While allowing an employee to work from home sounds counter-intuitive to optimal work output, it is not. There are different ways to approach remote work – it doesn’t have to be all or nothing. How about one day a week that rotates among the staff? Or a half-day off each week that round-robins among your employees? Just make sure there are guidelines in place that everyone understands so there is nobody taking advantage of this benefit.
Recognition
Didn’t you just love it when you got a gold star on a school project or approval from your parents on a job well done? That’s what employees want too. It doesn’t always have to be money recognition (although that never hurts!). It can be a shoutout at a team meeting, a blurb in a company newsletter, a handwritten thank you note. It can be a special parking spot, an ice cream celebration, or a balloon bouquet. Make the employee feel special and included and you have just ramped up their engagement factor.
Growth and Development
Many employees want to advance in their jobs, take on more responsibility, learn new tasks. First of all, ask them where they want to be with the company (See Communication). Then tailor an action plan and a timetable for each step. Cross train wherever possible – that actually makes great business sense to have more than one person able to perform a function. Be a mentor.
Company and Workplace Culture
Unless there is an open and inclusive workplace culture, an employee engagement plan might not work. A culture that encourages open communication, respect, trust, and creativity, becomes a standard for high productivity and a satisfied workforce. Everyone, from the company president to the cleaning staff, must be aware of and support the company culture. Frontline managers are the eyes and ears of workplace behavior, and they must be totally aligned with the company’s vision.
It doesn’t take re-inventing your workplace to make employees feel engaged and valued but it does take an open mind and a real desire to make your company a sought-after employer. Putting together a comprehensive employee engagement plan is as important as a sales or service plan, and the reward of dedicated employees can add to the company’s bottom line.
Building a Better World
PayServ Payroll Goes a Long Way in Making a Difference
PayServ Payroll is not just a business; it is a good neighbor.
Committed to supporting the local community, every year PayServ actively participates in events with organizations and non-profits it partners with. Some, but not all of those include:
• Orange County Chamber of Commerce
• Construction Contractors Association
• Rockland Business Association
• Valley Central School District
• Workforce Development Board
• Joy of Life Cancer Research Foundation
Thank you, PayServ, for going the extra mile!
Fisch Solutions Cares About Its Neighbors
Jason Fisch and company doesn’t just talk the talk – they walk the walk as well.
As a major sponsor of the Dutchess County Community Action’s Putt Fore Action on September 19, Fisch Solutions helped raise over $20,000 for Dutchess families in need.
There were 80+ people at the event that featured Mini Golf, Mini Munchies, contests, raffles and door prizes. At the end of the day, there were smiles on the face of all when they realized how many people would be helped with the event proceeds.
Thank you, Fisch Solutions, for making a difference in Dutchess County.
PayServ’s Aaron Rutter steps up to the mic for Orange County Bank & Trust
CCA Member Federated Insurance Knows What It Means to Be a Big Brother Big Sister – Raises $4,945,000!
CCA is used to seeing Steve Powles, our local contact for Federated Insurance, at CCA events. But he couldn’t be prouder of his employer and their efforts that raised almost $5 million for Big Brothers Big Sisters in July.
The Federated Challenge® raised a record $4,945,000 for Big Brothers Big Sisters® during its 21st annual event on Sunday, July 27. With Federated Insurance Chairman, President and CEO Nicholas Lower and his wife, Jessica, stepping into their roles as co-chairs for the first time, the gala drew nearly more than 700 attendees and 113 sponsoring businesses, including 20 first-time sponsors.
“It is truly inspiring to see such a remarkable display of generosity and shared purpose,” said Lower. “This year’s theme, Mission: Unlock Potential, captures the very heart of what we’re here to do — to open doors, remove barriers, and help young people discover and achieve their brightest futures. This mission is happening because of all of you.”
Federated Insurance covers 100 percent of all Federated Challenge expenses, ensuring every dollar raised is donated to Minnesota’s three Big Brothers Big Sisters agencies and Big Brothers Big Sisters of America®. These organizations create
one-to-one mentoring relationships between adult volunteers (“Bigs”) and children (“Littles”). A portion of the donations are set aside for the Federated Challenge Scholarship Program which provides up to $5,000 per year to qualified Littles or high school Bigs enrolled in a non-four-year program focusing on apprenticeship, certificate, trade school, technical, or community college. Since the program’s inception, 312 recipients, including 31 in 2025, have earned job-readytraining degrees with little to no debt.
Former Federated Insurance Chairman and Federated Challenge Chair Jeff Fetters was recognized as the 2025 Federated Challenge honoree at the gala. "Jeff made profound contributions to this event during his twelve years as chair, and we are proud to recognize his legacy as a leader in youth mentoring initiatives," Lower said.
Founded in 1904, Federated Insurance is a national insurance and risk management organization that serves the property, casualty, and life insurance needs of clients in select industries. The organization has more than 500 recommendations from local, state, regional, and national associations and buying groups and is rated A+ (Superior) by industry analyst A.M. Best.
Couch White Cares
CCA member, Couch White, LLP, doesn’t just focus on supporting one community event each year. Its program, Couch White Cares, ensures that the law firm participates throughout the year at various not-for-profit organizations in the Capital Region to demonstrate the firm’s commitment to social responsibility and giving back.
During April’s National Volunteer Month, Couch White employees are provided with multiple options to volunteer throughout the workday. In addition to volunteering, the company holds drives at the office for donations of food, school supplies, clothing, holiday gifts, and more throughout the year.
Here are just some of Couch White’s activities this year:
• Volunteering at the Connect Center in Cohoes and packing food for families in need over the weekend.
• Cooking dinner for guests at the Ronald McDonald House of Charities of the Capital Region as part of their Love is Served program.
• Volunteering at Vanderheyden, Inc., cleaning up the outside areas that their programs use.
• Partnering with the Boys and Girls Clubs of the Capital Area to provide school supplies for the students they serve.
• Participating in the American Cancer Society of the Capital Region’s Men Wear Pink campaign to help the Managing Partner raise more than $12,000 for breast cancer awareness and research.
• Learning CPR, First Aid, and AED the office –skills that could mean the difference between life and death.
The Capital Region is lucky to have Couch White on its team!
CCA Member, Olori Crane, has a Long History of Community Involvement and That’s What Makes Them Such a Good Neighbor.
Vietnam Veterans Watchfires
On May 30, Olori was honored to provide a crane to hoist the American Flag at the Bowline Haverstraw site for Rockland County Vietnam Veterans Watchfires. The fires, lit at midnight on Memorial Day, are in honor of fallen and missing servicemen of all wars.
The 24-hour vigil is sponsored by Vietnam Veterans Chapter 333.
732-380-0900 | yourteam@worldinsurance.com
At Marshall+Sterling, Managing Risk is More than Business—it’s Personal Member Spotlight
By Robin Seidman
A good part of our lives is spent managing risk. Should I take an umbrella today? Are those leftovers in the refrigerator still good? Is that weird noise in the car something I should worry about?
While you make these everyday decisions, Marshall+Sterling is there to control the bigger risks to you, your family, and your business. Whether it is specialized personal insurance (think antiques, jewelry, arts, collectibles), retirement and wealth solutions, business insurance, or employee health and benefits strategies, Marshall+Sterling has the products and expertise to give you peace of mind.
“Risk is always evolving, especially in industries like construction where the smallest oversight can become a major exposure,” says Jessica Stowell, Director of Commercial Lines. “Our goal is to give clients clarity and confidence through proactive risk management—not just coverage.”
The company was founded in 1864 by Joseph Marshall who set up shop in Poughkeepsie, but it wasn’t until the late 1890s that Graham L. Sterling agreed to partner with Marshall to sell insurance and real estate services. Fast forward to 1920, when Sterling and his good friend,
Charles Hoyt Smith, purchased the agency and named it Marshall & Sterling, Inc.
Through the ensuing years, Marshall & Sterling acquired other insurance agencies – including those with locations in the U.S. Virgin Islands. In addition, the company took a step into the health insurance market with the strategic purchase of JS Diamond, a Westchester-based employee benefits broker. Adding wealth advisory and retirement planning services as well as entering the equine insurance arena made Marshall & Sterling a powerhouse insurance brokerage with comprehensive offerings.
Print advertisement in 1863 Poughkeepsie City Directory
To celebrate its 160th anniversary, the company replaced its ampersand (&) with a plus (+) sign to signify how much they have to offer to its clients, communities, and employees.
Today, Marshall+Sterling is a 100% employee-owned, national independent risk solutions partner licensed in all states and the U.S. Virgin Islands. They’re committed to creating a future that’s safer and more secure by helping clients protect what they’ve built and what comes next by empowering them to predict, prepare for, and preempt risk. The firm is consistently recognized by Business Insurance as one of the top 50 insurance brokers in the United States.
“We’ve grown in scope and scale, but our foundation has always been built on relationships,” adds Kevin Viaña, Construction Practice Group Leader. “For our contractor clients, that means boots-on-theground experience from a dedicated team—people who understand jobsite realities and how to keep projects moving safely and efficiently.”
CCA Executive Director Alan Seidman considers Marshall+Sterling a valued partner to the association as well as its members. “Kevin Viaña and the team at Marshall+Sterling are active participants in our events and functions,” Seidman says. “The company’s reputation as an industry expert is outstanding and gives our members a high level of confidence in the advice and service they receive.”
Marshall+Sterling is not just about business. It is also committed to supporting the communities where the employee/owners work and live. They are involved, whether it is serving on a nonprofit board, providing in-kind services, or distributing much-needed funds through its Impact+ charitable giving program.
And it all started with a man and a vision in Poughkeepsie, New York, where they are still headquartered today!
Marshall + Sterling Offers Health Insurance to CCA Members
Healthcare costs continue to rise nationwide, driven by factors such as increased medical service expenses, prescription drug prices, and the growing demand for advanced treatments. Employers are feeling the impact as annual premiums climb, putting added pressure on benefit budgets.
As an alternative for our members, CCA offers a range of Association Health Plans through major insurers. These plans often provide equal or greater benefits and competitive rates compared to standard market options. While premiums are expected to increase next year, the adjustments are anticipated to remain in the
single-digit range. These Association Health Plans are exclusive to CCA members and are not available on the open market.
Marshall+Sterling can assist in selecting the right Association Health Plan to meet your business needs while effectively managing costs. They can provide a detailed comparison between your existing plan and available Association options, outlining key differences and advantages. With years of expertise in health insurance and employee benefits, Marshall+Sterling is well-equipped to guide you toward the best solution for your business and employees.
Preparing Your Personal and Business Finances for Year-End
By Nick Preddice
As the year draws to a close, it’s the perfect time to take stock of your financial picture—both personally and for your business. A little preparation now can save you money on taxes, streamline your operations, and position you for growth in the coming year. Here’s a comprehensive checklist to guide you.
PERSONAL FINANCES
Review Your Income and Expenses
3 Pull bank and credit card statements to categorize major expenses.
3 Identify areas where you overspent and opportunities for savings.
3 Use this review to guide your 2026 budget.
Maximize Retirement Contributions
3 Check if you’ve contributed the maximum to your 401(k), IRA, or HSA.
3 If you’re 50 or older, take advantage of catch-up contributions.
3 Consider additional contributions to reduce taxable income.
Optimize Tax Planning
3 Harvest capital losses to offset gains in taxable accounts.
3 Make charitable contributions before December 31 for tax deductions.
3 Prepay deductible expenses (e.g., property taxes or mortgage interest) if beneficial.
Review Insurance and Estate Planning
3 Update beneficiaries on life insurance and retirement accounts.
3 Revisit wills, trusts, and powers of attorney.
3 Check that insurance coverage is adequate (health, disability, property, umbrella liability).
Assess Emergency Fund and Debt
3 Ensure 3–6 months of living expenses are set aside.
3 Paydown high-interest debt where possible.
3 Refinance or consolidate loans if lower rates are available.
BUSINESS FINANCES
Organize Accounting Records
3 Reconcile all accounts (bank, credit cards, loans).
3 Ensure all invoices are issued and outstanding receivables followed up.
3 Capture and record year-end expenses for accurate financials.
Tax Planning and Deductions
3 Review available deductions (equipment purchases, mileage, home office, benefits).
3 Consider accelerating expenses or deferring income, depending on cash flow and tax strategy.
3 Work with your CPA to explore credits (R&D, hiring, energy-related).
Evaluate Retirement Plans
3 If you sponsor a retirement plan (401(k), SEP, SIMPLE), ensure contributions are up to date.
3 Consider year-end profit-sharing contributions for employees.
3 Explore whether adopting a new plan before year-end could benefit you and your team.
Review Cash Flow and Forecasting
3 Prepare a cash flow statement to understand liquidity heading into the new year.
3 Identify seasonal trends and set aside reserves.
3 Create a 12-month forecast to guide 2026 planning.
Strategic Planning
3 Review your 2025 business goals and results.
3 Set new objectives for 2026 around revenue, profit margins, and growth.
3 Consider technology upgrades, hiring needs, or new markets.
COMBINED CONSIDERATIONS
Tax alignment: Coordinate personal and business deductions for maximum efficiency.
Entity structure: Reassess whether your business entity (LLC, S-Corp, C-Corp) is still optimal from a tax perspective.
Wealth building: Align business profits with your personal investment and retirement goals.
FINAL THOUGHTS
Year-end financial preparation doesn’t just reduce stress at tax time—it sets the stage for a stronger financial future. By reviewing your numbers, optimizing tax strategies, and planning ahead, you’ll enter the new year with clarity and confidence.
Nick Preddice is the CEO of The Affinity Group LLC, a financial management company that specializes in wealth and life management planning.
Business Tax Planning Considerations and Strategies for 2026
By Thomas Zupan, CPA, Partner – RBT CPAs
As the construction industry gears up for a new year, it’s time to think about tax planning strategies for 2026. The new year is set to bring with it new tax policies and opportunities for saving. Let’s talk about some factors contractors should take into consideration when developing a tax strategy for the coming year.
1. Corporate Structure
If you plan to elect to be taxed as an S corporation, be aware that S-elections are due 75 days into the new year (March 15 for 2026). Keep in mind the following notes about taxability. Owners of sole proprietorships, partnerships, and most LLCs are responsible for paying “self-employment” tax. Owners of S corps are not subject to self-employment tax, but owners of S corps who are also employees are required to pay themselves a “reasonable salary,” which is subject to FICA taxes. However, the remaining profits can be distributed to the owner(s) as dividends, which are not subject to FICA taxes. By strategically dividing business
income between salary and distributions, owners of S corps are able to limit their FICA exposure. Speak with your accountant to discuss the tax implications of different corporate structures in more depth.
2. NYS Pass-Through Entity Tax
For owners of pass-through entities in New York, the start of a new year gives you the opportunity to opt in to New York’s pass-through entity tax (PTET), which could help you save on federal income taxes. The PTET is an optional state-level tax that enables business owners to bypass the federal limit on state and local tax (SALT) deductions, which has been temporarily increased
by the One Big Beautiful Bill Act to $40,000 for most taxpayers, with a phase-out for high earners. This workaround also benefits real estate pass-through entities (rental partnerships) when selling property by reducing the partners’ federal tax liability on the gain from the sale. The NYS PTET election is due by March 15 of each year. It is recommended that you speak with your accountant to discuss whether it’s a good idea to opt-in to the PTET.
3. New Equipment Purchases
If you are planning to purchase new equipment or vehicles for 2026, consider making those purchases before December 31, 2025, to receive the tax benefit for 2025. Keep in mind that the One Big Beautiful Bill Act (OBBBA), passed in July 2025, enacted several policy changes expanding the tax benefits for purchasing qualifying property. The OBBBA permanently restores 100% bonus depreciation for qualified property placed in service as of January 19, 2025, and also increases the Section 179 expensing limit to $2.5 million, reduced by the amount by which the cost of qualifying property exceeds $4 million (new phasedown threshold).
4. Timing of Invoice Payments
Cash basis taxpayers should consider whether any vendor invoices due for 2026 projects can be prepaid before January 1, 2026, to receive the tax benefit for 2025.
5. Solar and Wind Energy Projects
The OBBBA accelerates the deadlines for businesses claiming tax credits for commercial solar and wind projects. For contractors working in commercial solar or wind installation, be aware that the final day to start a job before these tax credits expire will be July 4, 2026.
Next Steps
These are just a few factors you should be considering as you work on your business strategy. Don’t miss out on tax-saving opportunities for this coming year. If you haven’t already done so, now is the time to meet with your accountant or tax advisor to go over your tax strategy for 2026.
Personal CFO to business owners, executives, physicians, attorneys, and other professionals who seek to take control of their financial lives. The Affinity Group takes the time to get to know clients, who they are, what drives them, and what is important. We help them set clear goals with time frames and then assess how their behaviors and decisions align with achieving those goals.
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"Should I have a Will, or a Trust?"
What Industry Professionals Need to Know
By Nicholas C. Lozito, Esq.
As an estate planning attorney, one of the most frequent questions I am asked is: "should I have a will or a trust?"
As we look toward planning for 2026, this is the perfect time to review key planning tools for business owners and principals.
In this article, I will highlight some of the main differences between Wills and Revocable Trusts and will also briefly touch on an often-overlooked planning tool for business owners: the Buy/Sell Agreement.
Last Will and Testament
Your Will states how your individually owned property, business interests, and other assets should be distributed after death. Your Will also nominates an "Executor" to administer your estate, and if you have minor children, states who will be their guardian(s) should something happen to you prematurely.
The validity of every Will must be confirmed by the local Surrogate's Court before taking effect. This process is known as "probating the will" or "admitting the will to probate."
In many cases, probating your Will amounts to a routine, court-supervised, step-by-step process. However, it is also the arena where disputes among family members and other parties can emerge.
For example, before a Will is admitted to probate, everyone who would inherit from you in the absence of a Will (known as your "heirs") must either consent to probate, or be given formal notice and an opportunity to come to court and object (even if they are not named in your Will). If objections are filed, time, money (and emotions) may be needlessly spent on discovery, depositions, or even a trial before your wishes are carried out.
Revocable ("Living") Trust
A Trust is a legal arrangement where one party (the "Grantor") transfers property or other assets to another party (the "Trustee") with the requirement that the Trustee hold the assets for a third party (the "Beneficiary(ies)").
In a Revocable (or "Living”) Trust, the Grantor is usually also the initial Trustee and the sole beneficiary during life. The Grantor will also state directly in the trust document who will be the Trustee and Beneficiary(ies) after death. In this way, the Revocable Trust acts as a "will substitute," and because the Revocable Trust is a private document, court supervision and notice to heirs is not required.
Since the Grantor maintains full control over the trust and its assets, Revocable Trusts provide no estate tax savings and no protection from the Grantor's creditors (which can be addressed through other types of trusts). Instead, Revocable Trusts are primarily used to avoid the probate process entirely.
The most common situations where probate avoidance is desired – and where a Revocable Trust may be advisable – are as follows:
1. You Are Expecting a Will Challenge
Unlike a Will, a Revocable Trust is a private document which does not require court involvement or notice to any party before the Trustee may act. All trusts can still be challenged in court, but it is often more difficult and expensive to do so. If you have reason to suspect that a disgruntled family member may challenge your Will, a Revocable Trust may prove critical to ensuring your wishes are carried out smoothly.
2. Your Heirs Are Unknown or Cannot Be Located
Again, because the Revocable Trust is private, your heirs do not have to be given notice or even located before the Trustee may act. Unmarried clients with no living children, grandchildren or siblings may have particular difficulty in locating their heirs, causing their estate to incur the unnecessary time and expense of having a third party perform a formal their search. This situation can be avoided by using a Revocable Trust.
3. You Own Real Estate Outside of New York
If you own real estate outside of New York, your Executor may have to start an additional "ancillary probate" proceeding in the state where the property is located before he or she can sell it or transfer it to the people named in your Will. For this reason, even in cases where a Revocable Trust would not otherwise be necessary, it may be desirable to avoid the time and expense of this additional out-of-state court proceeding by creating a Revocable Trust for your out-of-state property.
4. Cash-Flow and Operational Continuity
Even in "simple," uncontested probates, there will be a gap in time between the date of your death and your Executor's appointment where no one will have the authority to act with respect to your assets. In recent years, local courts have been better at granting uncontested probates quickly, but if liquidity or continued business operations are a concern, a Revocable Trust may be appropriate.
Buy/Sell Agreements
A Buy/Sell Agreement is essentially a transfer restriction placed on the shares in your business. It typically requires your Executor (or Trustee) to sell your shares back to the company (or the surviving owner(s)) upon your death, at a specified price or using a predetermined valuation method. In the absence of a Buy/Sell, the shares would pass under your Will (or Trust), which can result in an unintended ownership structure and disputes over valuation, especially if the recipient is not active in the business.
The Buy/Sell Agreement is a way to maintain the intended continuity of business ownership, while also getting value into the hands of your loved ones in the form of cash or a promissory note.
Typically, Buy/Sell Agreements are included within a comprehensive Shareholders' Agreement (in the case of a corporation) or an Operating Agreement (in the case of LLC). These documents can and should address standard governance issues as a part of good corporate housekeeping.
Powers of Attorney, Health Care Proxies and Living Wills
Sometimes referred to by the catch-all, "Advanced Directives," these documents are used to appoint a person (often a spouse, child or trusted business partner) to make financial and/or medical decisions for you if you lose the ability to make them for yourself. These documents can prove critical in avoiding the stress and expense of having the court appoint a guardian for you in the event of incapacity.
Importantly, the powers granted under these documents terminate upon death, and at that time, the Executor (in the case of a Will) or the successor Trustee (in the case of a Revocable Trust) takes over.
Conclusion
Business owners in particular should be familiar with the various estate and business succession planning tools available to ensure your wishes are carried out smoothly and efficiently. As we look toward planning for 2026, the attorneys at Catania, Mahon & Rider, PLLC stand ready to guide you through this process.
Nick Lozito (nlozito@cmrlaw.com) is a Trusts and Estates attorney at Catania, Mahon & Rider, PLLC ("CMR") – one of the Hudson Valley's leading business law firms. With a notable presence in the construction industry, CMR has been providing comprehensive legal advice and representation to the Hudson Valley's business and professional community for more than 50 years.
This article is intended to be used for informational purposes only. Legal advice is neither implied by the author nor should it be inferred by the reader. If you have specific legal questions, please consult with your attorney.
Retirement Plan Choices for Small Businesses
By Garry Michel Senior Financial Advisor Walden Investment Services
As a small-business owner, figuring out retirement choices can be a little intimidating. How do you pick the most appropriate retirement plan for your business as well as your employees?
There are a number of choices when creating retirement plan strategies for you and your employees. Here, we will review three of the most popular for small businesses: SIMPLEIRAs, SEP-IRAs, and 401(k)s. Read on below to learn more about each type of retirement plan.
This article is for informational purposes only and is not a replacement for real-life advice, so make sure to consult your tax, legal, and accounting professionals before implementing or modifying a retirement plan.
SIMPLE-IRAs
SIMPLE stands for Savings Incentive Match Plan for Employees. This is a traditional IRA that is set up for employees and allows both employees and employers to contribute. If you’re an employer of a small business who needs to get started with a retirement plan, a SIMPLE-IRA may be for you.
SIMPLE-IRA’s provide some degree of flexibility in that employers can choose to either offer a matching contribution to their employee’s retirement account or make nonelective contributions. In addition, employees can choose to make salary reduction contributions to their own retirement account. Some small business owners opt for a SIMPLE-IRA because they find the maintenance costs are lower compared with other plans.1
Distributions from SIMPLE-IRAs are taxed as ordinary income, and if taken before age 59½, may be subject to a 10% federal income tax penalty. Generally, once you reach age 73, you must begin taking required minimum distributions.
For a business to use a SIMPLE-IRA, it typically must have fewer than 100 employees and cannot have any other retirement plans in place.1
SEP-IRAs
SEP plans (also known as SEP-IRAs) are Simplified Employee Pension plans. Any business of any size can set up one of these types of retirement plans, including a selfemployed business owner. Like the SIMPLE-IRA, this type of retirement plan may be an attractive choice for a business owner because a
SEP-IRA does not have the start-up and operating costs of a conventional retirement plan. This is a type of retirement plan that is solely sponsored by the employer, and you must contribute the same percentage to each eligible employee. Employees are not able to add their own contributions. Unlike other types of retirement plans, contributions from the employer can be flexible from year to year, which can help businesses that have fluctuations in their cash flow.2
Much like SIMPLE-IRAs, SEP-IRAs are taxed as ordinary income, and if taken before age
59½, may be subject to a 10% federal income tax penalty. Generally, once you reach age 73, you must begin taking required minimum distributions.
401(k)s
401(k) plans are funded by employee contributions, and in some cases, with employer contributions as well. In most circumstances, you must begin taking required minimum distributions from your 401(k) or other defined contribution plan in the year you turn 73. Withdrawals are taxed as ordinary income, and, if taken before age 59½, may be subject to a 10% federal income tax penalty.1
1IRS.gov, 2023 2Investopedia.com, July 27, 2023
The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. This material was developed and produced by FMG Suite to provide information on a topic that may be of interest. FMG, LLC, is not affiliated with the named broker-dealer, state- or SEC-registered investment advisory firm. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security. Copyright 2025FMG Suite.
*Walden Investment Services is a marketing name of Cetera Investment Services.
Securities and insurance products are offered through Cetera Investment Services LLC (doing insurance business in CA as CFG STC Insurance Agency LLC), member FINRA/SIPC. Advisory services are offered through Cetera Investment Advisers LLC. Neither firm is affiliated with the financial institution where investment services are offered. Located at: 15 Scott’s Corners Drive, Montgomery, NY 12549. 845-457-8250.
Investments are: *Not FDIC/NCUSIF insured *May lose value *Not financial institution guaranteed *Not a deposit *Not insured by any federal government agency.
Securing Your Legacy: Essential Business Succession
Planning for Construction Company Owners
By Katherine Crain, Esq. Couch White, LLP
The construction industry presents unique challenges that make business succession planning not just important, but absolutely critical. Unlike companies in other industries, construction businesses often depend more heavily on key relationships, specialized expertise, and the personal reputation of their owners. When a founder or key leader unexpectedly departs, the disruption can threaten not only ongoing projects but the very survival of the company.
What Is Business Succession Planning?
Business succession planning is the process of creating and implementing a strategic plan that provides an orderly transfer of the business to successor owners. For construction companies, this planning becomes even more complex due to the industry's project-based nature, licensing requirements, bonding relationships, and (often) family-owned structure. A successful succession plan integrates tax, business, liquidity, and family relationship considerations to achieve an overall strategy that works for both current operations and future goals.
The plan should leave no doubt about who will control the business, who will operate it, how and when the transition will occur, and how much the current owner will remain involved after implementation. Importantly, the succession plan should integrate seamlessly with the owner's broader estate planning (and estate tax planning) objectives.
What Happens Without a Plan in Place?
If your ownership in a closely held company is in your own name alone, and you pass away without a Last Will and Testament or similar planning for your ownership, your ownership would be considered an asset subject to intestate estate administration. If you have a spouse and children, New York State law provides that your spouse receives the first $50,000 of your estate, and the remaining estate (including your company ownership) is divided between your spouse (50%) and children (50%). It’s not hard to imagine the various family, estate tax, and logistical issues that would almost certainly arise from such a distribution scheme – especially when the estate owns a valuable company with ongoing projects.
Essential Questions to Address
Before diving into the technical aspects of succession planning, construction business owners should explore several fundamental questions with their families and advisors. For example, should the business be sold, or should it continue operating under new leadership?
If the decision is made to sell, additional considerations emerge. What will happen to family members who may have been counting on the business for their livelihood? What changes are required to make the transition successful? How much modification is needed in either the family's management approach or the business operations themselves? How should the sale be structured? Is the owner willing to hold a note and stock pledge?
The owner may instead decide to gift and/or bequeath all or a portion of the company to his or her heirs. Owners should meet with a qualified attorney to review their personal estate tax liability and discuss basis planning for capital gains and determine which method of transfer is most beneficial to the family overall.
Personal factors play a crucial role in these decisions. Are there family members interested and capable
of taking over? Do they have the necessary skills, licenses, and industry relationships? Business factors are equally important: Is the company positioned competitively for the future? Are key employees willing to stay through a transition?
Another important question to answer is, what is your company really worth? Obtaining a qualified appraisal to answer this question at the beginning of the planning process is often worth the time and expense, especially if it’s unclear whether the owner will have an estate tax issue should the company be passed down in one way versus another.
Creating a Workable Plan
Effective succession planning integrates all these considerations into one comprehensive strategy, mapped out between a collection of documents including the owner’s Last Will and Testament or Revocable Trust, as well as the company’s Shareholders’ Agreement or Operating Agreement. If the company has multiple owners, then a Buy-Sell Agreement may be necessary, or should be incorporated into the company’s governing documents. The plan should establish a relatively uncomplicated and understandable ownership structure that families can manage effectively. It must provide for contingencies and allow for plan revisions as circumstances change.
Start Early
Successful succession planning for construction companies requires starting early, involving all owners of the business, and regularly updating the plan as the business and family circumstances evolve. The complexity of the construction industry makes professional guidance essential, but the foundation must be a clear vision of the company's future and the family's goals.
If you are interested in discussing your company's business succession plan, please contact Katherine Crain, Esq., Partner and Chair of the Trust and Estate Planning and Administration Practice Group at Couch White, LLP at kcrain@couchwhite.com or 518-320-3417.
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The CCA is your tireless advocate. OUR MEMBERS ENJOY:
The power and leverage of strong relationships with state, local and federal officials
Project leads
• Exclusive networking and informational opportunities
• Inclusion in the CCA’s directory of contractors, suppliers and service providers
The support of the CCA’s expert staff
• Money saving support of the CCA’s labor expertise regarding compliance, wage and fringe issues, and grievances
Competitive health insurance plans with premium rates not available on the open market
• Access to exclusive networking events
Retirement planning
Financial plans as solid as the work you do.
You wouldn’t advance a project without a solid foundation and the right team of skilled experts. Shouldn’t your wealth have the same?
At Orange Wealth Management, our private bankers, trust officers, and financial planners work alongside Orange Investment Advisors— formerly Hudson Valley Investment Advisors—to help you design a plan built to last.
From protecting what you’ve earned to planning for retirement and leaving a legacy, we’ll construct your financial future with the same care you bring to every build.
orangeinvestmentadvisors.com
This is what Happens when You put CCA Members & Guests Together at a Lobster Bake
By Robin Seidman
Nearly 150 CCA members and guests gathered at the Local 17 Laborers Pavilion on Sept. 10 to eat, drink and be merry at the Annual CCA Lobster Bake.
The evening was perfect: clear skies, comfortable temperatures and outstanding food catered by T&M II Go. The lobsters were cooked to perfection and the lobster bibs provided by Armistead Mechanical added a touch of whimsy that is most-often associated with a good old New England Seafood fest.
Here are some of our favorite pictures:
With plates piled high with food, our members had a chance to catch up with old friends and meet new ones. There was plenty of laughter to go around but there was also some serious business discussions among those gathered. It was networking at its best!
Many thanks to Local 17 for use of the pavilion, Armistead Mechanical for providing the lobster bibs, DeWalt for the raffle prizes and to Wayne Hall and crew from T&M II Go for the outstanding food.
Scott Dianis never met a lobster he didn't like.
Corinne Lesler, Aaron Rutter and Vi Galaviz love thoseDeWaltprizes.
Orange County Clerk Kelly Eskew, County Executive Steve Neuhaus, CCA Executive Director Alan Seidman and Sheriff Paul Arteta are all smiles.
Former long-time CCA Board Member Bob Kaehler is joined by his son, Kurt Kaehler, who is currently on the CCA board.
CCA Board Member Dan Depew andResortWorld'sMeghanTaylor
Seidman smiles.
In the News
Transforming Camp LaGuardia into a Major Community Park
Orange County is advancing a bold vision to transform the 258-acre Camp LaGuardia property into its first new Major Community Park in nearly 60 years. The Master Plan outlines phased cleanup, adaptive reuse, and new recreational development to serve residents and visitors for generations.
With the County’s population now at 409,000, more than double since Thomas Bull Park opened, the need for expanded parks is clear. Camp LaGuardia’s central location, trail connections, and transit access make it ideal. Once a Women’s Farm Colony and later a homeless shelter, the site’s history will be preserved through selective restoration and interpretation.
Features of the Future Park
• Heritage Station Trailhead with parking, restrooms, retail, and gathering space
• Active Recreation including sports fields, pickleball, playgrounds, splash pad, and dog park
• Community and Event Spaces such as pavilions, stage, and scenic views
Camping and Overnight Experiences with RV, cabin, and tent sites
• Nature and Education trails, kiosks, and research opportunities
• Historic Preservation through restoration of the Spanish Terrace overlook
Cleanup and demolition are underway, with a connection to the Schunnemunk Rail Trail planned for Spring 2026.
Hat Tips!
The CCA congratulates our friends and colleagues on their achievements and recognitions.
Alan Seidman and Jimmy Smith Honored by Mount Saint Mary College
CCA Executive Director Alan Seidman and CCA
member Jimmy Smith Jr., president and founder of Advanced Testing Company, were honored with the Joseph A. Bonura Award for Leadership Excellence on October 16 at the Mount’s 16th Annual Gala Reception.
In bestowing the honor, Mount Saint Mary College recognized the lifetime achievements and community service of both Alan and Jimmy and their indelible footprints that have made the Hudson Valley a better place for residents, businesses, and the Mount’s college students.
The gala at West Hills Country Club was a night to remember with college alumni, business owners and elected officials gathered to celebrate and raise funds for the Mount. With a live auction and the dynamic duo of Lou Bach and Fr. Gregoire Fluet donning an apron and chef’s hat to energize the crowd, the Mount raised over $200,000 to support its students.
CCA Executive Director
Alan Seidman was Honored by Montefiore St. Luke’s Cornwall at the 150th Year Anniversary Gala on September 13 at Eisenhower Hall at West Point.
Over 600 guests were on hand to celebrate the milestone anniversary and to honor 3 award recipients:
• Alan Seidman – Community Commitment
• St. George’s Episcopal Church – Founder’s Award
• Philip O. Ouzah, M.D., Ph.D. – Visionary Leadership
Alan, who was born at St. Luke’s Hospital, was recognized for his achievements throughout his career in making the Hudson Valley and our local community a better place in which to live. “I want to make our area a place that our children want to live in and raise their families”, he says. “By working with non-profits, professional associations and government officials, I’ve kept my focus on elevating the lifestyle and opportunities for Hudson Valley residents and businesses.”
Orange County Chamber of Commerce Named Chamber of the Year
The Orange County Chamber of Commerce was presented with the Chuck Steiner Memorial Chamber of the Year Award at the annual meeting of the Business Council of New York State on Sept. 18.
The award is given to an outstanding organization that supports its members and enhances the experience of those doing business in New York State.
“This award recognizes not only the hard work of our chamber staff and board of directors, but also the unwavering commitment of our members and community partners who believe in the mission of building a stronger, more vibrant business community”, said Heather Bell, President and CEO of the Chamber.
International Union of Operating Engineers
JEFF
JAMES
MIKE
JOHN
JAMES
SEAN
Ronald
BUSINESS MANAGER
PRESIDENT/BUS.
VICE PRESIDENT/BUS. AGENT
RECORDING CORR. SECRETARY
TREASURER/TRAINING DIRECTOR
FINANCIAL SECRETARY
ASSISTANT TRAINING DIRECTOR
From Vision to Values:
Crafting a Well-Planned Business Legacy & Retirement Plan
By Mary Ellen Cologero, Wilmington Trust
At Wilmington Trust, we spend every day listening to, and working with, our clients on their two biggest, unique challenges — managing wealth and preserving future generations’ legacies.
While individuals and their families have some very specific ideas and challenges about investing and (eventually!) disposing of their wealth, many are less sure about what to do with the businesses they have built or led.
Specifically, business owners need to plan for all of their upcoming phases — including very often a shift from daily working life — to a possible retirement, prioritizing personal and family goals and defining a legacy.
Business owners should start by asking themselves the toughest questions:
• “What is next for me, my family, and my legacy?”
• "Will we have the cash needed to maintain our xisting quality of life?”
• “What are my options for transitioning and making sure I have prepared with adequate retirement savings?”
These are just a few, but the answers are critical to the most important first step: Creating a plan.
The first step is helping them understand where they are today.
A well-organized and thoughtful business owner understands the importance of organizing and streamlining business and personal goals, along with availing themselves of all of the resources that exist today that might be different in the future. Think about changing legislation, changing market rules, or changing tax provisions that might sunset within retirement.
Understanding their current and future liquidity needs and establishing a baseline for a cost-ofliving analysis are keys to creating a post-business/ retirement plan.
For many business owners and employees, retirement is their number one concern.
Many business owners assume the eventual sale of their company will be enough to fund an entire retirement. In truth, though, relying solely on that money can be risky. Market conditions, buyer interest, and ultimate valuation can all surprise on the downside (or, hopefully, on the upside!)
That’s why it’s essential to build personal retirement savings alongside business growth.
Working with a professional, the business owner can assess whether or not the resources available today have been maximized or if they will be able to earn the cash they will need -- especially when there are no more distributions or paychecks coming in bi-weekly.
To accomplish this, many business owners look at the following retirement vehicles:
Solo 401(k): Ideal for owner-only businesses, allowing high contribution limits and Roth options.
SEP IRA: Simplified Employee Pension (SEP) plans, allowing employer-only contributions and are easy to administer.
SIMPLE IRA: Designed for businesses with up to 100 employees, offering both employer and employee contributions.
Defined Benefit Plans: These offer the highest contribution limits and are suitable for owners seeking predictable retirement income.
These plans all offer tax advantages and diversify retirement income, but will this be enough to meet daily living needs and also pass along funds to heirs and other possible sources (community groups, charities, schools, etc.) as part of your legacy?
Whatever the business owner decides to do – pass a business to family, sell it to a key employee or employees, or seek a third-party buyer — the process involves significant and complicated legal, financial and emotional considerations.
Succession planning isn’t just about splitting up the cash at the end of the day — it’s about preserving values, relationships, and reputations built over generations. It will guide you as you navigate through your evolving passions and pursuits, building a plan that reflects your aspirations today — and for years to come.
And it’s incredible in here.
Our teams are dedicated to providing cutting-edge, compassionate care, from primary care to intensive care and everything in between. With our broad expertise and commitment to innovation, Montefiore St. Luke’s Cornwall has been recognized as one of the top 2% of hospitals in the nation. Much like Newburgh and our surrounding communities are changing, so too are we.
MontefioreSLC.org | (845) 561-4400
Commercial Loan Basics:
What Every Contractor Should Know
For contractors and small to midsize businesses in the Hudson Valley, choosing the right type of financing can make the difference between steady growth and cash flow headaches. With interest rates changing and project costs rising, business owners need to be clear on the basics: the difference between term loans and lines of credit, how banks evaluate borrowers, and what trends may shape lending in the months ahead.
Term Loans vs. Lines of Credit
Many owners think they need a line of credit, when in reality, what they’re putting into their company is more permanent working capital. That’s really where term loans come in.
• Term loans are designed for long-term needs such as outfitting an office, buying equipment, or funding expansion. They show up on the balance sheet as long-term liabilities and are best suited for permanent capital investments.
By Greg Sousa EVP | Chief Lending Officer
Orange Bank & Trust Company
• Lines of credit are short-term tools, typically used to bridge seasonal gaps or cover cash outlays until receivables come in. If you’re a paving company, you know your outlay of cash will be much greater in spring and summer. A line of credit helps you cover payroll and mobilization costs until your receivables catch up.
The rule of thumb: match the debt facility to the debt need. Long-term needs = term debt. Short-term cash flow gaps = line of credit.
Navigating Today’s Rate Environment
Recent years have brought an inverted yield curve, where short-term rates were as high as five- and 10-year rates, making it harder for businesses to lower costs by going shorter term. For small businesses and contractors, most borrowing is variable and tied to prime rates. That means you need to really understand project costs and timing, so you’re not caught holding a large loan longer than expected.
Some projects were shelved when costs didn’t pencil out; others moved forward because rent rolls and income growth offset higher borrowing expenses. The key strategy: have a full grasp of expenses, control timelines, and ensure projected income covers the higher cost of capital.
What Banks Look For
Collateral is part of the picture, particularly equipment financing, where terms are tied to the life expectancy of the machinery. But more often, banks focus on how well contractors manage cash flow.
Receivables and payables management: We like to see how you manage 90-day receivables, how concentrated they are, and how quickly you pay bills. One mistake is paying vendors too quickly and running short on cash before receivables come in.
Profitability trends: Growing revenue isn’t enough if profit margins are shrinking. Banks also review labor and insurance costs, which have spiked across the industry.
Bonding: For municipal projects, bonding is crucial. We talk directly with bonding agents to make sure we’re aligned, since the bond often takes priority over the bank lien.
To be more bankable, contractors should adopt a team approach: align your accountant, banker, and bonding agent, and plan financing before signing contracts for large jobs.
Bridging Uneven Cash Flow
Receivable-based lines of credit are the most common tool for smoothing out cash flow. Banks may advance up to 75 percent of 90-day receivables, though they’ll discount receivables over 90 days or from slow-paying industries. If you work mostly with municipalities, we know payments take longer, but those receivables are often considered more secure.
Growth Areas to Keep An Eye On
Looking ahead, we’re noting several opportunities in the Hudson Valley: renewable energy, data centers, and housing. Data centers will be a huge driver of growth for years to come. And as major employers like IBM expand in Dutchess County, demand for both multifamily and single-family housing will continue.
Preparing for What’s Next
Tariffs are a concern, as many businesses are just beginning to feel their effects. The Fed’s recent rate cut offers some relief, though lenders remain cautious. Consider these strategies:
• Talk with your bank early, before contracts are signed.
• Understand floor rates and negotiate terms that give room if rates drop.
• Keep deposits strong, which can sometimes help lower borrowing costs.
• Maintain “dry powder,” reserves and credit availability, to be ready for the right opportunity.
There’s no crystal ball, but businesses that keep open lines of communication with their bank and align their team of advisors will be best positioned to pivot, manage through uncertainty, and seize growth opportunities in 2026 and beyond.
For over 130 years, Orange Bank & Trust has proudly served as a trusted financial partner to the local business community, and remains deeply committed to investing in our communities and strengthening our region’s economic foundation.
Construction Company Owners: Is Your Business Information Safe?
Take Steps to Protect Financial
Information
By Jason Fisch President/Founder Fisch Solutions
In today’s fast-paced, technology-driven construction industry, managing projects, billing, payroll, and vendor payments often means storing sensitive financial information across multiple devices and platforms. From project managers using tablets on-site to office staff processing payments, your data is constantly in motion — and that makes it a prime target for cybercriminals.
For construction companies, protecting financial information is not just about compliance — it’s about safeguarding cash flow, reputation, and client trust. Let’s break down the risks, the dangers, and the security strategies you should put in place to protect your operations.
The Dangers Facing Construction Businesses
Many construction businesses underestimate how attractive their financial data can be to cybercriminals. Hackers know the industry often deals with large transactions, multiple vendors, and frequent wire transfers — and they exploit those conditions.
Here are Some of the Most
Common Threats:
• Phishing and Business Email Compromise (BEC)
Fake invoices, spoofed vendor emails, and fraudulent payment requests are rampant. A single click from an employee can allow a criminal to redirect payments. (Most common)
• Ransomware Attacks
Cybercriminals can lock you out of your systems, demanding payment to regain access — halting operations and payroll.
• Lost or Stolen Devices
Phones, laptops, and tablets used on job sites can be lost or stolen, exposing client payment details, bank access, or accounting system logins.
• Weak or Shared Passwords
Using the same password for multiple accounts, or sharing passwords between staff, makes it easier for criminals to gain entry.
• Unsecured Wi-Fi
Connecting to public Wi-Fi at airports, cafes, or even on-site trailers can allow hackers to intercept your data.
Security Options for Protecting Financial Data
A layered security approach works best, especially in the construction industry where devices and users are spread across multiple locations. It is very critical for organizations to develop an IT platform with several layers that allow each to protect the next layer in case an attack makes it through.
1. Multi-Factor Authentication (MFA)
Require employees to use MFA for all financial systems and business emails. Even if a password is stolen, MFA adds an extra layer of protection.
2. Device Encryption
Ensure laptops, phones, and tablets are encrypted. This makes the data unreadable to anyone who doesn’t have the proper login credentials.
3. Secure Cloud Solutions
Use reputable, business-grade cloud platforms for storing and sharing financial data instead of sending sensitive files over email. Ensure the provider offers built-in encryption and compliance features.
4. Password Managers
Deploy a password manager for your team to generate strong, unique passwords for every account. This also makes offboarding employees faster and more secure. One leaked password associated with your e-mail can allow access to all your accounts if you use the same password.
5. Regular Backups
Back up critical files daily to an off-site or cloud-based system. This protects against ransomware and accidental data loss. BONUS TIP
– Always use an advanced backup platform that allows instant recovery of your data in the cloud as well as at location.
6. Endpoint Protection
Install advanced endpoint protection on all company devices. This goes beyond basic antivirus to detect ransomware, phishing, and suspicious network activity.
7. Network Segmentation
Separate your financial systems from general internet traffic and on-site guest Wi-Fi. This limits the damage if one area is compromised.
8. Employ a Security Operations Center (SOC)
– The MOST Critical
Like the alarm system in your building, a SOC will monitor all your IT systems 24/7 and if they see the slightest sign of an attack, they will shut it down as soon as it starts. We have seen these systems firsthand literally save entire businesses from crippling attacks.
Steps for Construction Businesses to Get Procedures in Order
To be effective, cybersecurity can’t be left to chance — it needs to be built into your company’s operations.
Step 1: Assess Your Risks
Identify all the systems, devices, and people that handle financial data — from payroll software to field supervisors with company-issued phones. BONUS
TIP – Hire a third-party IT firm that specializes in this even if you have in-house IT so you can ensure everything is best practice.
Step 2: Develop a Cybersecurity Policy
Outline acceptable use, password requirements, data storage guidelines, and response plans in case of a breach. Make sure all employees sign and understand it.
Step 3: Train Your Team
Provide ongoing cybersecurity training. Teach employees how to spot phishing emails, use MFA, and handle sensitive data responsibly.
Step 4: Control Access
Give employees access only to the data they need to do their jobs. Remove credentials immediately when someone leaves the company.
Step 5: Regularly Review and Update
Technology and threats change fast. Review your procedures at least twice a year and after any major business change.
Why This Matters for Construction Businesses
Unlike many industries, construction projects involve a wide network of subcontractors, vendors, and suppliers. This complexity creates multiple entry points for cybercriminals to exploit. A single breach could:
• Delay payroll and vendor payments
• Damage your reputation with clients and partners
• Lead to regulatory fines and legal costs. NYS has the NYS Shield/ Breach Act which could hold your business liable to data leaks of personal information or financial data.
• Halt projects, costing time and money
By investing in cybersecurity now, you protect not only your financial data but also your ability to operate smoothly and keep projects on track.
Final Word
Protecting financial information is no longer optional for construction companies. The combination of high-value transactions, mobile workforces, and multiple third-party relationships makes this industry a prime target for cybercrime.
By understanding the risks and implementing a strong, layered defense — from MFA and encryption to policies and employee training — your business can dramatically reduce its chances of falling victim to an attack. In construction, your reputation is built on trust. Make sure your financial security is just as solid as the structures you build.
Fisch Solutions, based in New Windsor, NY, provides state-of-the-art IT services, cybersecurity, and IT audits. We specialize in supporting the construction industry with tailored technology solutions and website design.
Impact of NYS Labor Law on the Construction Industry
By Robert Lockwood, Jeff Deldin and Brian Paul Client Advisors at World Associates Insurance
Overview
New York State Labor Law is one of the most stringent labor frameworks in the country, particularly in its application to the construction industry. While its primary goal is to protect workers from unsafe conditions, the law presents significant operational and financial challenges for contractors and developers across the state. While this structure also creates financial challenges for the insurers, it also reduces the number of insurers willing and able to effectively write and provide coverage within the territory.
Our report outlines some key provisions of NYS Labor Law, the challenges it poses to construction firms, and the current landscape of legal reform and litigation.
Key Provisions of NYS Labor Law Affecting Construction
Section 200 – Requires employers to provide a safe working environment, including proper lighting, ventilation, and safe equipment usage.
Section 240 (Scaffold Law) – Imposes absolute liability on property owners and general contractors for gravity-related injuries, regardless of the worker’s own negligence.
Section 241(6) – Mandates compliance with specific safety codes and allows injured workers to sue for violations, even if they are receiving workers’ compensation.
S.6635/A.5745 - Where a [worker] files a claim for mental injury premised upon extraordinary
Impact
work-related stress incurred at [work], the board may not disallow the claim upon a factual finding that the stress was not greater than that which usually occurs in the normal work environment.
New York is the only state that enforces absolute liability under Section 240, making it a unique legal environment for construction-related injury claims.
Challenges for Construction Companies
1. Insurance Market Volatility
• Increased premiums (often more than double over the past decade)
• Higher deductibles (up to 8x increase)
• Insurance costs exceeding 10% of total project budgets in some cases
• Fewer carriers and markets offering to provide coverage
• Industry consolidation reducing Regional Providers
This environment not only creates financial strain and limits access to affordable coverage for contractors, it can also lead to smaller contractors & subs knowingly opting for lesser coverage and in some cases going without, thus creating coverage gaps and liabilities.
2. Rise in Litigation and Fraudulent Claims
• Staged accidents
• Coordinated legal and medical schemes
• Exaggerated injuries
These cases inflate settlement values (averaging nearly $3 million) and further destabilize the insurance market.
3. Lack of Comparative Negligence Defense
Under Section 240, contractors and property owners cannot use comparative negligence as a defense. Even if a worker is primarily responsible for their own injury, liability still falls entirely on the employer or owner. This legal rigidity is a major point of contention within the industry.
4. Legal Uncertainty and Conflicting Case Law
Recent court decisions have begun to challenge the broad application of Section 240. For example, the New York Court of Appeals has ruled that not all falls from height automatically trigger liability under the Scaffold Law. However, inconsistent rulings continue to create uncertainty for legal teams and project managers.
Current Reform Efforts and Legal Developments
• Proposed legislation to introduce a negligence-based standard
• Efforts to limit the law’s application to federally funded projects
These initiatives aim to strike a balance between worker protection and fair liability standards for employers.
Conclusion
While NYS Labor Law plays a critical role in ensuring worker safety, its current structure— especially the absolute liability under Section 240— poses significant challenges for the construction industry. Rising insurance costs, legal uncertainty, and exposure to litigation are major concerns for stakeholders.
World Insurance Associates is a leading financial services organization that uses its vast resources and industry expertise to empower people to make informed decisions to improve their risk management and financial outcomes. Using data-driven analytics, our advisors innovate new products and solutions tailored to clients’ needs across insurance, employee benefits, retirement plans, and wealth management services.
616 Clocktower Commons, RT 22, Brewster, NY 10509 – 845-279-5151
New York State Lobbying: SMACNA’s Growing Role in Shaping State Construction Policy in New York
By Perry M. Ochacher and David Carlucci
Working with Willett Public Affairs and Carlucci Consulting since 2023, SMACNA-NYS (SMACNA) has advanced priority legislation in Albany, defeated harmful legislation, and strengthened its reputation as a trusted voice for union contractors and subcontractors. From advancing legislation on school indoor air quality standards to defeating legislation that would have significantly increased insurance costs for construction
contractors, SMACNA has become a leader in state construction policy. Where SMACNA was once reactive, you are now proactive.
Amplifying SMACNA’s Voice in Albany: Building Key Relationships
What has now become an annual tradition is our Albany Lobby Day. Occurring in the spring during the legislative session, SMACNA members travel to Albany to meet
Perry Ochacher is President of Willett Public Affairs, a public relations and government affairs firm for businesses and trade associations seeking to impact public policy in New York.
directly with legislators and important committee chairs. Working with SMACNA members on Lobby Day and after, we have helped SMACNA expand its relationships with key legislators and staff that determine the fate of construction-related legislation in Albany.
Together we have forged close working relationships with legislators who have become sponsors of our priority bills, or who chair key committees that have jurisdiction over construction policy. Examples include Assemblyman Michael Benedetto, Chair of the Assembly Education Committee, Senator Jeremy Cooney, Chair of the Senate Transportation Committee, Senator Shelley Mayer, Chair of the Senate Education Committee, and Senator Jessica Ramos, Chair of the Senate Labor Committee, to name but a few. And the list continues to grow. Because of our work developing
these relationships, state legislators now have a deeper understanding of the work SMACNA contractors do every day, and what the legislature can do to make your business lives easier.
SMACNA In Action: Improving Indoor Air Quality in Our Schools
Every day, students and teachers spend hours in classrooms with outdated or faulty HVAC systems, which often fail to provide safe and healthy air. That’s why SMACNA has made school Indoor Air Quality (IAQ) legislation one of its top priorities since 2023. Working with our prime bill sponsors, Assemblyman Michael Benedetto and Senator Jeremy Cooney, SMACNA continues to advocate for legislation (A.7586/S.7733) that requires professional HVAC assessments as part of New York’s regular Building Condition Survey. This bill will continue to be a SMACNA priority in 2026.
As an example of this proactive advocacy, during our March 18 Lobby Day this year, we met with over a dozen legislators to make the case for passage of the IAQ bill (it often takes several years of advocacy on complex bills to see them through to passage). To supplement this legislative activity, we also worked with SMACNA leadership to raise public awareness through op-eds and press outreach, explaining that clean air in our schools isn’t a luxury, it’s a necessity. And we continue to make progress, meeting with legislators and staff during the summer, and building coalitions with other construction trade associations and unions who support the bill. Where SMACNA was once a mere spectator in the legislative game, you are
Perry Ochacher is President of Willett Public Affairs, a public relations and government affairs firm for businesses and trade associations seeking to impact public policy in New York.
A former NYS Senator, David Carlucci is the founder of Carlucci Consulting that assists companies in effectively navigating government while developing business. He is a frequent guest on Fox News and other television stations.
The SMACNA team met with NYS Senator Jessica Ramos in March
New York State Lobbying: SMACNA’s Growing Role in Shaping State Construction Policy in New York
now calling the plays and leading the charge on important legislation, and IAQ is but one example.
SMACNA in Action: Opposing Harmful Legislation
Unfortunately, not every legislative proposal in Albany benefits union construction contractors (there were over 18,000 bills introduced in 2025 alone; one of our key tasks is keeping track of them all). That’s why SMACNA took a firm stand this year against legislation to expand Temporary Disability Insurance (TDI), which would have added new costs to employers, and in particular union construction employers. SMACNA is not opposed to a reasonable and fair increase in this benefit, but after a thorough analysis we determined that the legislation as drafted was faulty and had a particularly negative impact on union construction contractors. By coordinating with other trade associations, building coalitions, and presenting the facts on the negative impact of this bill, SMACNA helped stop it during the 2025 legislative session.
2026 Legislative Session: SMACNA will Continue to Lead
In the year ahead, SMACNA will continue to monitor and engage on our legislative priorities including continued lobbying on the Indoor Air Quality bill, off-site prefabrication prevailing wage legislation, and many other policy issues affecting union construction contractors, and in particular sheet metal and HVAC contractors. And we will continue to be on the lookout for other bills impacting construction in New York, both the good and the bad, so SMACNA can remain proactive on policy.
Also, our policy work isn’t just limited to when the state legislature is formally in session (January through June). We help SMACNA engage with legislators and staff in the off-session as well, hosting Zoom meetings across the state. These virtual conversations have given SMACNA contractors a convenient way to engage in policy discussions firsthand, without having to leave their office. Through “virtual
advocacy,” we’ve secured additional cosponsors for the IAQ bill and have laid the groundwork for even stronger political momentum heading into the 2026 legislative session.
Beyond the State Capitol: Local Political and Community Involvement
As an outgrowth of our work in Albany, many SMACNA members have become engaged in the local community. Whether through virtual advocacy, attending local political fundraisers for our legislative allies, or participating in important industry related events such as the Pattern for Progress 60th Anniversary Gala, SMACNA members are making their voices heard in the public policy arena, both formally and informally.
Our Goal: A Better Future for SMACNA Contractors in New York
Working together over the past three years, we have much of which to be proud. We have successfully positioned SMACNA to be proactive instead of reactive, on matters of public policy. We helped SMACNA discuss and take positions on important bills before the legislature, and we meet monthly over Zoom to discuss this. We draft and advocate on bills that create job opportunities for SMACNA members and also help the people of New York. We stop bills that harm contractors and increase the cost of doing business in New York, and we also build bridges with other groups and organizations so that SMACNA will continue to have maximum input in the public policy arena going forward.
By putting SMACNA members’ needs first, being proactive on public policy, and advocating like never before, SMACNA is not just building projects, it is also building a better future for its industry and the state. So, here’s to the progress we’ve made on public policy issues since 2023 and the opportunities that lay ahead in 2026, and in all of this we need you, SMACNA members, to be actively engaged and help us continue to succeed!
SMACNA New York Annual Meeting brings Chapter Executives and Members Together
By Robin Seidman
Chapter Executives and guests of SMACNA of New York State gathered at the Crystal Springs Resort the weekend of August 16 to discuss the progress being made on its behalf at both the state and national level.
With presentations by Perry Ochacher of Willett Public Affairs, David Carlucci, Carlucci Consulting, Jason Watson, Executive Director of Labor Relations at SMACNA National and Stan Kolbe, Executive Director of Government Affairs at SMACNA National, the meeting focused on how the sheet metal industry challenges are being addressed with government leaders.
As lobbyists, Ochacher and Carlucci have developed a deep rapport with NYS elected officials. Ochacher and Carlucci provided guidance and shared thoughts on political strategy for SMACNA’s legislative priorities for the upcoming year.
Jason Watson updated the group on how SMACNA National advocates for its members while Stan Kolbe addressed how SMACNA National stays on top of government affairs that affect the industry.
SMACNA NYS Executive Alan Seidman facilitated the 2025 Annual Conference and is already working on next year’s location and date.
Lou Doro, Alan Seidman, Ben Bailey, Don Fella, Perry Ochacher
David Carlucci, Stan Kolbe, Jason Watson
Ben Bailey-Rochester, Lou Doro - Hudson Valley, Alan Seidman - SMACNA New York
Delivering Results: Inside Orange County’s Winning Formula for Economic Development
By Conor Eckert, President & CEO – Orange County Partnership
Diversifying our economy is at the heart of Orange County’s long-range economic development strategy. We’ve been deliberate in our approach - strengthening the local economy by investing in high-growth, high-impact sectors that create quality jobs, expand the tax base, and reinforce long-term economic resilience.
Just last quarter, I wrote about our commitment to advancing key industries such as Life Sciences and Advanced Manufacturing — sectors that are defining the next generation of economic growth in the Northeast. Since then, Orange County has not only made progress but delivered real results.
In recent months, we’ve announced two dynamic manufacturing projects in our identified target sectors. Together, they represent a major validation of Orange County’s strategic approach — and signal that our county is becoming a destination of choice for complex, capital-intensive industrial development.
Garonit Pharmaceuticals: Establishing a Global Manufacturing Hub
In August, Governor Kathy Hochul and local partners announced that Garonit Pharmaceuticals intends to invest $46 million to establish an advanced pharmaceutical and active pharmaceutical ingredient (API) manufacturing facility in the Town of New Windsor, creating 100 new, well-paying jobs in pharmaceutical manufacturing and R&D.
The proposed approximately 200,000-square-foot facility will be the largest and most advanced chlorhexidine gluconate manufacturing operation in the world — serving as both a production hub and a center for cutting-edge research and development in antiseptic technologies. The project is currently advancing through the local approval process and is expected to break ground in early 2026.
This announcement was the culmination of a year-long, highly competitive site selection process that spanned multiple states across the United States. Over that period, our team worked closely with Garonit’s leadership to showcase why Orange County is a dynamic location for pharmaceutical investment.
Access to skilled talent — supported by regional workforce training programs; a strong life sciences ecosystem anchored by companies like Regeneron, Medline, Cardinal Health, and McKesson; speed to market and strong government leadership; and the availability of state and local incentives all played decisive roles in Garonit’s selection.
Equally important, this win was achieved through collaboration. Local, county, and state partners — along with commercial real estate professionals, utilities, and higher education institutions
— worked in lockstep to make the project possible. It’s a strong example of how strategic alignment across public and private sectors allows Orange County to outcompete peer regions and attract igh-value investment.
And the ripple effects are already being felt. Since the announcement, we’ve received new interest from India-based pharmaceutical companies seeking U.S. locations for advanced manufacturing as part of the broader movement toward supply chain domestication.
Moving forward, our team remains laser-focused on sustaining this momentum - strengthening relationships across the global life sciences sector, advancing tech-ready sites and buildings, and expanding the local talent pipeline that underpins the industry’s growth.
Balchem: Expanding Innovation in Nutraceutical Manufacturing
Orange County’s second major win came with the news that Balchem Corporation — a global leader in human and animal nutrition and health — will invest $36 million to build a state-of-the-art nutraceutical and micro-encapsulation manufacturing and R&D facility in the Town of Wallkill.
Otherwise known as code-name “Project Dairy,” this project entailed another year-long competitive site selection process, during which Balchem evaluated candidate sites and buildings across the Northeast.
The decision to expand here underscores Orange County’s ability to meet the rigorous demands of advanced manufacturers. Access to critical infrastructure, a skilled workforce, proximity to major markets, incentives, and speed-to-market advantages proved decisive.
The project recently received site plan approval and is slated to break ground in 2026. Once complete, it will not only expand Balchem’s manufacturing capacity but also reinforce its commitment to innovation and product development.
From a construction and development perspective, Project Dairy represents a significant milestone. It’s a complex facility that will feature specialized process systems, environmental controls, and advanced R&D space — all supported by local contractors and construction partners who continue to shape the physical foundation of Orange County’s economy.
A Winning Formula: Proactive, Collaborative and Competitive
The Balchem and Garonit projects demonstrate that Orange County’s strategy is working and that we are increasingly viewed as a competitive, investment-ready location for high-tech industry.
Our success is rooted in a few key fundamentals:
• Shovel-ready sites with clear pathways for permitting and infrastructure access.
• A coordinated regional development network that brings together public, private, and educational partners.
• An adaptive workforce system designed to meet evolving industry needs.
• A proactive, partnership-driven approach to business attraction.
These fundamentals are not just abstract principles; they are tangible advantages that directly impact site selection decisions. When companies are investing tens or hundreds of millions of dollars, certainty, speed, and collaboration matter. That’s what Orange County offers.
Looking Ahead: Competing – and Winning – at the Next Level
As we look toward the future, our mission remains clear: to position Orange County as a leading destination for advanced economic development investment in the Northeast.
The recent announcements from Garonit and Balchem reaffirm that we’re not only on the right track – we are delivering results.
Moving forward, we will continue to:
• Invest in infrastructure and site readiness, ensuring that companies can move quickly from concept to construction.
• Expand international outreach, particularly in Europe and Asia, where we see strong alignment with our target industries.
• Strengthening education and training partnerships to ensure our workforce remains one of Orange County’s greatest competitive advantages.
The bottom line: Orange County is winning.
These recent investments mark the start of a new chapter — one defined by collaboration, confidence, and commitment to sustainable growth. Together, with our partners across the construction, development, and business community, we are building the foundation for a new era of advanced economic development — and we’re just getting started.
Conor Eckert is the CEO/President of the Orange County Partnership. He is an enthusiastic advocate for community and regional development and serves on the Board of Directors of the New York State Economic Development Council, Hudson Valley Pattern for Progress, and the SUNY Orange Foundation. Conor is a voting member of the Governor’s Mid-Hudson Regional Economic Development Council.
A Little Birdie Told Me: The CCA Golf Outing was a Driving Success!
By Robin Seidman
Golfers are dedicated folks! Despite humid temperatures in the mid-nineties, 120 golfers completed 18 holes at the CCA Golf Outing on July 28 at Trump National Golf Club. There were no complaints, just lots of laughs and bantering as the teams competed for prizes and bragging rights!
For those who didn’t win – there’s always next year!
Our Members
ABM Air Conditioning and Heating, Inc.
- HVAC/Plumbing
Aden Aggregates
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Materials
Advance Testing
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Advanced Disaster Recovery, Inc
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Affinity BST Advisors, LLC
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Alfandre Architecture, P.C.
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Allbar Steel
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AMX Contracting Corp.
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Andron Construction Corp.
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Argenio Brothers, Inc.
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Armistead Mechanical, Inc.
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A-Verdi Storage Containers
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B. Miller Masonry, Inc.
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Barone Construction
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Barrett Sheet Metal Inc.
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Basec Corp.
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Bay Crane
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Butler Construction
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Callanan Industries
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D&G Electrical Supply Co., Inc.
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D.A. Collins Construction
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D.L. Flow Tech - HVAC/Plumbing
Daikin Comfort Technologies Northeast, Inc. - HVAC/Plumbing
Tectonic Engineering Consultants, Geologists & Land Surveyors, DPC
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The Fischer Group at Graystone Consulting
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The YMI Group, Inc.
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Tri Co Electric of Goshen - Electrical
Tri-State Associated Services, Inc.
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Tri-State Drywall and Acoustical
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Turner Mechanical Service
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U.S. Test & Balance Corp.
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U.W. Marx - Contractors
Ulster Savings Bank - Banks
United Rentals
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United Spray LLC
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Upstate Electric - Electrical
Walden Savings Bank - Banks
Wallkill Valley Federal Savings
& Loan Association
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Welby, Brady & Greenblatt
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World Insurance Associates, LLC
- Insurance/Bonding
Our Member Directory
CCA members are the very best contractors, suppliers and service providers in the Hudson Valley and Catskills. For detailed information about their services and specialities, visit our online directory at www.CCAHV.com.
William Carr billcarr@getbalanced.com getbalanced.com
Members since 1998
Utilities | Energy
Central Hudson Gas & Electric Corp.
845-486-5755
284 South Ave
Poughkeepsie, NY 12601
Anthony Campagiorni acampagiorni@cenhud.com centralhudson.com
Members since 1985
Thank You!
The Construction Contractors Association of the Hudson Valley is grateful to our Diamond Sponsors for their exceptionally generous commitment to the CCA and the work we do on behalf of our members, our industry, and our partners in the building trades:
Advance Testing
Armistead Mechanical
Barone Construction
Beam Enterprises, Inc.
BNY Investments
Holt Construction Corp.
International Engineers Local 137
Ironworkers Local 417
Key Construction
MDS HVAC-R, Inc.
M&T Bank
Marshall & Sterling
Paramount Building Construction, Inc./ PBC
Perreca Electric Company, Inc.
RBT CPAs
Service Scaffold, Inc.
Tectonic Engineering Consultants, Geologists & Land Surveyors
