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NJLICA Newsletter Fall 2025

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THE

UNDERGROUND NJLICA’S TRIANNUAL PUBLICATION FALL 2025

MEMBER SPOTLIGHT: New NJLICA member Ritchie Bros. is the world's largest used heavy equipment marketplace.

Key strategies to help contractors adapt to federal policy changes, English language proficiency regulations for the Federal Motor Carrier Safety Administration, and fleet safety best practices. FALL 2025

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LETTERS NJLICA BOARD OF DIRECTORS

As president of New Jersey LICA, I am proud to share an essential and unified message: We are all in on promoting the trades to the next generation. New Jersey relies on skilled, dedicated contractors to build, maintain, and protect our communities — and it’s our responsibility to make sure young people understand the power and potential of a career in the construction and land improvement trades. This year, NJLICA is making a significant push into classrooms and community centers across the state. We are visiting schools, vocational programs, and Boys & Girls Clubs to create hands-on experiences and encourage honest conversations about what a future in our industry looks like. The response has been nothing short of incredible. A major driver of this momentum is Hugo Castillo, our apprenticeship coordinator, whose 2026 schedule is already filling up with school visits, demonstrations, and career exploration events. Hugo’s commitment to connecting with educators and youth organizations is opening doors at a rate we’ve never seen before. We are also proud of our affiliation with Think Big for Kids, a national organization committed to guiding students toward high-demand careers. Together, we are building a pipeline that gives students not just exposure, but real pathways into apprenticeships, mentorships, and long-term opportunities in the trades. And now, I want to ask something from our membership: I urge all of our NJLICA members to get involved in

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this movement. No matter the size of your company or how busy your schedule may be, there is a role for you: • Volunteer to speak at a school or Boys & Girls Club event • Join Hugo on a visit • Share your personal story with a student who needs direction • Encourage your team to participate in outreach programs Our industry is at a turning point. We can no longer wait for young people to find us; we must bring the opportunity directly to them. And when they see our passion, our pride, and the real careers available, everything changes. A career in the trades is honorable, essential, and full of lifelong opportunities, competitive wages, substantial benefits, advancement, and the satisfaction of building projects that matter. We must be the ones who deliver that message. This initiative is not just workforce development; it is community development. It is legacy-building. And it is essential for the long-term strength of our industry. To every member who has already stepped up: Thank you. To those ready to get involved: We need you. And to our incredible partners, our educators, Boys & Girls Clubs, Think Big for Kids, and youth organizations statewide, your collaboration is invaluable. Together, we are building futures. Together, we are strengthening New Jersey. And as always, NJLICA remains all in. Dennis Mikula Jr. President, NJLICA

Dennis Mikula, Jr., President Mikula Contracting, Inc. Mark Krutis, Vice President Tom Krutis Excavating, Inc. William J. Esposito, Historian Espo's Tree and Crane Service Frank C. Del Guercio Tilcon NY Ron Garofalo DAG Mobile Aggregate Recycling, Inc. Warren Gonzalez Foley, Inc. Shelly Hewson Hewson Landscape, Inc. Frank Horan Groff Tractor Mid Atlantic, LLC Bob Manis North American Aggregates Joe Mayers Septic Experts, LLC John Rothberg L.N. Rothberg & Son Dave Vander Groef Wantage Excavating Co., Inc. Buddy Freund, Executive Director


COVER PHOTO BY CHANDLER CRUTTENDEN, UNSPLASH; PHOTO PAGE 5 BY BILLY FREEMAN, UNSPLASH

FIELD GUIDE Risk Management 8 Legislative News 12 Safety Perspectives 13 Money Talks 15 Legally Speaking 18

CONTENTS

FEATURES Member Spotlight 24 NJLICA News 26

DISPATCHES New Members 32 Member Benefit 37 Event Recap 38 Upcoming Events 42 Contact Information 46 Advertiser’s Index 46

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RISK MANAGEMENT

FLEET SAFETY BEST PRACTICES: PROTECTING YOUR PEOPLE, PROJECTS, AND REPUTATION

1. Driver Qualification and Training: The First Line of Defense Every driver, from CDL holders to foremen behind the wheel of a pickup, must meet both state and company standards. Proper vetting and ongoing education are key to reducing risk. Best Practices: • Verify credentials annually: Review individual licenses and motor vehicle records (MVRs) to ensure compliance. • Conduct safety orientations: Cover defensive driving, load securement, backing procedures, and distracted driving awareness. • Offer refresher training: Agencies like NJDOT and OSHA recommend annual safety refreshers, especially before peak construction season. • Enforce zero-tolerance policies: Prohibit texting or phone use while driving company vehicles to prevent distracted driving incidents. 2. Preventive Maintenance: Keeping Vehicles Road-Ready A well-maintained fleet is a safer fleet. Mechanical failures can lead to accidents, downtime, and missed deadlines. Best Practices: • Follow inspection schedules: Adhere to manufacturer guidelines and NJDOT requirements. • Daily pre-trip inspections: Drivers should check brakes, tires, lights, and fluid levels before hitting the road. • Digital service tracking: Use fleet management software to log maintenance history and receive alerts for upcoming service. • Immediate defect resolution: Never allow unsafe vehicles on public roads or job sites. 8

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3. Load Management and Securement: Safety Starts with Stability Improperly loaded or unsecured cargo is a leading cause of roadside citations and accidents. Proper securement protects both drivers and the public. Best Practices: • Know weight limits: Ensure compliance with NJDOT and local bridge restrictions. • Secure all loads: Use rated straps, chains, and tarps; inspect tie-downs before every trip. • Balance loads evenly: Prevent rollovers and uneven tire wear by distributing weight properly. • Train crews: Everyone involved in loading and unloading should understand OSHA and DOT securement standards. 4. Fleet Safety Policy: Set the Standard A written fleet safety policy provides structure, accountability, and clarity. It ensures that safety expectations are consistent across your organization. So, make sure every employee reads and signs the policy annually to reinforce commitment. Key Elements: • Driver responsibilities and conduct standards • Vehicle inspection checklists • Incident reporting procedures • Disciplinary actions for violations • Emergency contact and response plans 5. Telematics and GPS Monitoring: Technology That Drives Safety Modern fleet tracking systems offer real-time insights that can improve both safety and efficiency. These tools not only help prevent incidents but also provide valuable data for continuous improvement. Benefits: • Monitor speed and harsh braking to coach safer driving habits • Track routes and idling time to reduce fuel waste • Receive automatic maintenance alerts • Document compliance for insurance and DOT audits 6. Weather and Road Conditions: Plan for the Unexpected

PHOTO BY LOIC LERAY, UNSPLASH

In the construction and contracting world, your fleet is more than just a collection of vehicles; it’s a mobile extension of your brand, your workforce, and your operational integrity. Whether transporting crews, hauling materials, or navigating tight job sites, fleet safety is a critical pillar of risk management. A single incident can lead to costly delays, legal exposure, and reputational damage. That’s why implementing a robust fleet safety program isn’t just smart, it’s essential. This article outlines eight best practices that can help contractors and fleet managers build a safer, more efficient operation.

BY DAVID CONCODORA


New Jersey’s congested highways and unpredictable weather demand proactive planning. Being prepared helps avoid delays and keeps drivers safe in challenging conditions.

safe driving and equipment operation. When safety becomes part of your company’s identity, it drives better behavior and longterm success.

Tips: • •

Ways to Promote Safety: • Recognize safe drivers monthly or quarterly • Hold toolbox talks focused on vehicle safety • Share lessons learned from incidents or near-misses

Adjust schedules for storms, snow, and coastal flooding Equip vehicles for winter with proper tires, wipers, and emergency kits Stay current on advisories before dispatching vehicles

7. Incident Response: Act Fast, Stay Calm Even with strong safety protocols, accidents can happen. A clear response plan minimizes harm and liability. Quick, organized responses protect your team and your reputation. Steps to Take: 1. Ensure safety first. Move to a secure area if possible 2. Contact emergency services and your company’s safety officer 3. Document the scene with photos and witness statements 4. Complete incident and insurance reports promptly 5. Conduct root-cause reviews to prevent recurrence 8. Safety Culture: Make It Part of the DNA Fleet safety isn’t just a checklist, it’s a mindset. Building a safety-first culture encourages every employee to take ownership of

Conclusion: Driving Toward a Safer Future Fleet safety is more than compliance, it’s a strategic investment in your people, your projects, and your brand. By implementing these best practices, contractors can reduce accidents, control insurance costs, and demonstrate a strong commitment to operational excellence. Remember, every vehicle on the road is a reflection of your company. Make sure it reflects your dedication to safety, professionalism, and responsibility. David Concodora, a risk management consultant, joined Rue Insurance in 2011 and specializes within the construction industry. He holds several designations, including Certified Insurance Counselor (CIC), Construction Risk and Insurance Specialist (CRIS), and Accredited Advisor in Insurance (AAI). He takes great pride in partnering with his clients to provide effective insurance and risk management solutions.

THE RISING COST OF COMMERCIAL AUTO INSURANCE IN NEW JERSEY: CAUSES AND STRATEGIES TO CUT EXPENSES In the bustling economy of New Jersey, where businesses rely heavily on vehicles for transportation, delivery, and operations, commercial auto insurance has become an increasingly burdensome expense. As of 2025, premiums for commercial auto coverage in the state have surged, with some fleets reporting noticeable increases during renewals in late 2024 and early 2025. This trend mirrors broader auto insurance hikes across the U.S., but New Jersey’s unique regulatory changes and economic pressures have amplified the impact on commercial automobile Insurance. I will review the key drivers behind these rising costs and provide practical tips for businesses to reduce their premiums, including the adoption of telematics technology.

Understanding the Surge: Key Factors Driving Up Costs Several interconnected factors are contributing to the escalation of commercial auto insurance rates in New Jersey. While national trends like inflation play a role, state-specific regulations have been a major catalyst. •

Legal system easy access lawsuits with no upfront fees: One of the primary culprits is New Jersey’s legal system with an abundance of law firms offering contingency fees after they collect on insurance settlement and large damage awards. There may be a strong correlation between frequency and severity of auto insurance claims

BY RICHARD GAYNOR

and the ease of access to lawsuit advisory services. These factors have led to tighter underwriting standards causing auto insurers to successfully request and receive approval for significant rate increases — up to 63.1% in some cases as of April 2024 — due to heightened liability exposures. For commercial policies, businesses face steeper costs in a State that is extremely public friendly. Economic pressures such as inflation, repair costs, and supply chain issues: Beyond regulations, economic factors are exacerbating the problem. Inflation has driven up the costs of vehicle parts, labor, and repairs, making claims more expensive for insurers to settle. Supply chain disruptions and tariff threats have further inflated these expenses, with auto parts prices continuing to climb. In New Jersey, a dense, urbanized state with heavy traffic, these issues are compounded by increased driving post-COVID, leading to more accidents and severe crashes. Nationwide, commercial auto rates rose by about 7% in 2024, with transportation sectors seeing 7.3% increases, but New Jersey drivers are experiencing hikes exceeding 15% in 2025 — the highest in the country. Extreme weather events, such as frequent storms battering the state, have also pushed insurers’ payouts higher, contributing to premium adjustments. Rising claims and risk factors: The volume and severFALL 2025

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ity of claims have spiked due to more serious accidents, often linked to excessive speeding, distracted driving, and denser traffic. In New Jersey, crashes have trended upward since 2020, leading to more lawsuits and higher fraud rates. For commercial fleets, this means greater scrutiny from insurers, who are now more selective and may even exit the market in high-risk areas, further limiting options and driving up prices. Overall, these factors have resulted in nearly 90% of New Jersey auto insurers hiking rates in 2025, with more increases possibly on the horizon. Businesses in sectors like trucking, construction, and delivery are feeling the pinch most acutely, as their operations involve higher-mileage vehicles and elevated risks. Practical Tips to Reduce Commercial Auto Insurance Costs While costs are climbing, businesses aren’t powerless. By focusing on risk reduction and smart policy choices, you can lower premiums significantly. Here are some effective strategies, with a spotlight on telematics. 1. Adopt telematics for usage-based discounts Telematics technology, which uses GPS and sensors to monitor vehicle data like speed, braking, and location, is a game-changer for cost savings. By installing devices in your fleet, you can demonstrate safe driving habits to insurers, qualifying for discounts of up to 30% on premiums. This real-time data helps identify risky behaviors — such as hard braking or rapid acceleration — for targeted driver coaching, reducing accidents and claims over time. In New Jersey, many carriers reward telematics adoption through formal safety programs, leading to lower risk scores and more favorable rates. Additionally, it improves fleet management by optimizing routes and fuel use, providing indirect savings. For high-risk operations, video telematics adds granular data for even better risk assessment, helping combat rising claims.

2. Invest in driver training and safety programs

Prioritizing ongoing driver education and safety initiatives can lower your fleet’s risk profile. Formal programs that include defensive driving courses, accident prevention training, and regular vehicle maintenance checks signal to insurers that you’re committed to safety, often earning discounts. Maintaining clean driving records across your team is crucial, as violations can spike premiums. Additionally, your insurance agent should review with you loss control and risk management/safe-driving fleet procedures to solicit insurance company underwriters for lower premiums.

3. Opt for higher deductibles

Choosing higher deductibles for larger fleets — if your business can handle the out-of-pocket costs — can substantially reduce premiums.

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Conclusion The rising cost of commercial auto insurance in New Jersey poses challenges for businesses, driven by regulatory hikes, economic inflation, and increased claims. However, by implementing telematics, enhancing safety protocols, and making informed policy choices, you can mitigate these expenses and protect your bottom line. Speak with your insurance agent to tailor these strategies to your operations, and stay ahead of potential further increases in 2026. With proactive measures, New Jersey businesses can navigate this costly landscape effectively. Richard Gaynor is the president of Middleton & Company Insurance, the insurance advisor for many trade and business associations. The company provides informative, relevant, and cost-effective business insurance protection.


WHEN DIRT MEETS DATA: WHY EXCAVATING CONTRACTORS NEED CYBER INSURANCE NOW MORE THAN EVER

PHOTO BY LOIC LERAY, UNSPLASH

BY EDWARD LUBOWICKI & FRANCIS PURDUE

It’s Friday at 5:25 PM. You’re wrapping up a long week of grading, hauling, and managing crews. Then your phone buzzes — your foreman can’t access the project files. Your equipment tracking system is frozen. A message appears on your screen: “Your data has been encrypted. Pay $137,000 in Bitcoin within 48 hours.” This isn’t a scene from a movie. It’s a ransomware attack — and it’s happening more often to contractors in the excavating and grading industry. Excavating contractors might not think of themselves as targets for cybercrime. After all, the work is physical, gritty, and grounded in the real world. But behind every job site is a digital backbone: project management software, GPS-enabled equipment, payroll systems, vendor communications, and client data. Cybercriminals know this. And they’re increasingly targeting small to mid-sized contractors who may not have robust cybersecurity defenses. In fact, recent data shows that over 58% of cyber breaches impact small businesses, and 60% of those businesses close within six months of being hacked. Here’s the uncomfortable truth: cyber criminals aren’t always “hacking” their way into your systems. More often, they’re being invited in — by well-meaning employees who click on a link, open an email attachment, or respond to a fake invoice. In one recent case, a contractor’s office manager received an email that looked like it came from a trusted vendor. She clicked the link, and within seconds, malware spread through the company’s network, encrypting job files, payroll data, and client records. The employee didn’t mean to cause harm — but she opened the front door to the attackers. This is where cyber insurance makes all the difference. One of the most overlooked benefits isn’t just the financial coverage — it’s access to experts when you need them most. Imagine this: It’s late Friday afternoon. Your systems are down. You’re staring at a ransom demand. Who do you call? The police? Your accountant? Your IT guy? Your lawyer? They might not know what to do next. But a proper cyber insurance policy gives you a 24/7 hotline — a direct line to a breach coach who can

immediately assemble a team of forensic analysts, legal advisors, and IT specialists to contain the damage, recover your data, and get your business back online. That’s the real value: having someone to call when everything goes wrong. Cyber insurance can cover: • Ransomware and extortion payments • Business interruption losses • Data recovery and hardware replacement • Legal and regulatory costs • Social engineering fraud • Lost or stolen devices containing sensitive data • And yes — even if the breach happens on a weekend, you’ll have someone to call. So, what can excavating and grading contractors do today? • Update your software and patch vulnerabilities. • Train your team to spot phishing and suspicious emails. • Use strong passwords and enable multi-factor authentication. • Back up your data — and test those backups. • Talk to your insurance advisor about cyber coverage that fits your business. Cyber threats aren’t going away. And while you may not be a tech company, your business runs on data just the same. Whether you’re grading a highway or prepping a foundation, your digital systems are just as critical as your machines. Cyber insurance gives you peace of mind — and a lifeline when the unexpected hits. World Insurance Associates is a leading fnancial 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.

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LEGISLATIVE NEWS

THIS YEAR'S CONSTRUCTION CHALLENGES LIKELY TO CONTINUE IN 2026 BY BRIAN DEERY

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of 65,000 visas, which could be adjusted based on market needs. Separate legislation has also been introduced to offer a pathway to conditional legal status for non-citizens working in critical industries including construction and providing a pathway to legal status for many undocumented workers in the existing workforce. Another positive development is a Trump Administration initiative to expedite construction project permitting by streamlining environmental reviews, leveraging technology, and reforming regulations. Strategies include creating clearer timelines, enhancing inter-agency coordination, and using technology for better project management and transparency. This initiative keeps in play efforts over the past decade to shrink the amount of time it takes to get infrastructure projects approved and moved to construction. The bottom line, however, is that obstacles facing the industry are surmountable as long as the market stays robust. Construction funding at the federal level remains strong into the coming year. There has been some slowing due to the government shutdown, but thus far the impacts have been minimal. However, reauthorization of funding for highway, bridge, rail, transit, water, and wastewater projects all must be addressed by Sept. 30, 2026. While infrastructure funding has always received strong bipartisan support as most politicians recognize the value of these projects to their states and local communities, retaining that support in the face of large federal budget deficits and growing debt is of paramount importance to the construction industry. LICA members must be ready to carry the message to their senators and representatives in the coming elections. Brian Deery serves as the director of government relations for LICA. PHOTO PAGE 12 BY JOSHUA SUKOFF, UNSPLASH PHOTO PAGE 13 BY POP & ZEBRA, UNSPLASH

A mixture of both positive developments and challenges faced contractors working in the public infrastructure market this year. While the crystal ball is always a little cloudy when trying to project future construction markets clearly some warning signs are already appearing on the horizon. As always contractors need to remain agile and always work with a very sharp pencil when putting together proposals. Tariffs have had a measurable impact on public-infrastructure projects (roads, bridges, public buildings, utilities) and are influencing how these projects are budgeted, procured, and managed. Some of the impacts include higher material costs, disrupted supply chains, contract risk, and potential delays or scope changes. Studies have pointed out that increases in tariffs on imported steel and aluminum are putting pressure on infrastructure project budgets. For example, one study describes how doubling tariffs on steel and aluminum can “derail current and planned infrastructure projects” because of price increases, availability issues, and budget/contract uncertainty. Tariffs add uncertainty to sourcing, lead times, and supplier availability. Public agencies working under tight budgets and deadlines have had to adjust designs, extend timelines, and postpone work due to budget impacts of increased costs. A survey by the Associated General Contractors (AGC) noted that newly imposed and announced tariffs are also having an impact on the construction activity with 16% of firms reporting that at least one project they are working on has been postponed, canceled, or scaled back because of tariffs. Forty-one percent of firms report they have raised prices because of tariffs and 39% have accelerated purchases in anticipation of new tariffs. Only 14% of firms report they have switched from foreign to domestic suppliers because of tariffs. Work force shortages and immigration enforcement have also impacted contractors’ ability to bid on projects and, once awarded, to keep them on time and under budget. Construction workforce shortages are the leading cause of project delays as new immigration enforcement efforts have impacted nearly onethird of construction firms, according to the results of a workforce survey conducted by AGC and NCCER. Noting that 92 percent of contractors report they are having a hard time filling open positions, construction officials called for more funding for construction education and new, lawful ways for people to enter the country to work in the industry. On the positive side, bipartisan legislation has been introduced in the House to create a new H-2C temporary work visa program for non-agricultural industries like construction that face persistent labor shortages. It would establish an annual cap


SAFETY PERSPECTIVES

FMCSA OUT-OF-SERVICE ORDER FOR NON-COMPLIANCE WITH ENGLISH LANGUAGE PROFICIENCY REGULATION The Federal Motor Carrier Safety Administration (FMCSA) enforces regulations to ensure the safety and well-being of commercial vehicle operators, passengers, and the general public. One of these regulations mandates that commercial drivers must be proficient in English in order to operate their vehicles safely. This includes the ability to read, understand, and respond to safety-related instructions, signage, and law enforcement. Noncompliance with the English language proficiency regulation can result in an out-of-service (OOS) order. While most of the FMCSA’s rules apply to interstate commercial motor vehicles (CMVs), this requirement also affects intrastate drivers (drivers operating only within one state). The Gross Vehicle Weight Rating (GVWR) threshold of 10,001 pounds and above is relevant to both types of operations, making this a crucial point of discussion for a large number of drivers and fleets. Importantly, even if a driver is operating solely within one state (intrastate), they are still required to meet the language proficiency standards. Fortunately, under certain circumstances, a driver who has been issued an OOS order for non-compliance with English proficiency can have it lifted if they can demonstrate they are actively enrolled in an English language program.

BY ANTHONY MORREALE GVWR 10,001 lbs or more: The 10,001 lbs GVWR threshold refers to commercial vehicles that are either interstate or intrastate. This includes most medium and heavy-duty trucks, buses, and certain other commercial vehicles used for transporting passengers or freight.

OOS Order for Non-Compliance with English Language Proficiency If a driver is found to be in violation of the English proficiency requirement during a roadside inspection, an OOS order will be issued. This means that the driver cannot operate the vehicle until the issue is resolved. The OOS order can affect: • Interstate drivers: Commercial drivers who operate across state lines. • Intrastate drivers: Commercial drivers operating only within a single state, but who are still subject to FMCSA language proficiency regulations due to their vehicle’s GVWR.

The English Language Proficiency Regulation Under 49 CFR § 391.11(b)(2), commercial drivers are required to speak and understand English well enough to: • Communicate with the public (i.e., during interactions with law enforcement, emergency responders, or general inquiries). • Understand safety instructions (such as vehicle operation manuals, signage, or warnings). • Read and understand road signs, emergency information, and other important documents. This requirement applies to commercial drivers of vehicles with a GVWR of 10,001 pounds or more, including both intrastate and interstate operations. It also applies to drivers in both freight-hauling and passenger transport roles, such as buses and heavy trucks. Applicability to Intrastate Drivers While many might assume that FMCSA regulations only apply to interstate commerce (transportation across state lines), this is not the case for language proficiency. Intrastate drivers — those who operate exclusively within a single state — are also subject to these language standards. This is especially significant because each state has its own set of enforcement policies. Some states may have their own additional requirements beyond FMCSA standards, but the federal regulation regarding English proficiency remains a core requirement across the nation. FALL 2025

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ADVANCE TIRE INC. RuBbEr TrAcKs • SkId StEeR TiReS • SoLiD TiReS • TiRe FiLl • FlAt PrOoFiNg

800-445-6647 WWW.ADVANCETIRES.COM 1000 RIKE DR., MILLSTONE TWP., NJ Removal of the OOS Order An OOS order can be rescinded if the driver can prove they are taking steps to comply with the English proficiency requirement. Specifically, enrollment in a legitimate English language course can lead to the potential lifting or deferral of the OOS order, provided the following conditions are met: 1. Proof of enrollment in an English language class To have an OOS order lifted, the driver must enroll in a recognized English language program. The program should focus on developing the driver’s ability to speak, read, and understand English at a level sufficient for operating a CMV safely. This might include classes offered by: • Community colleges • Adult education programs • Private language schools or online courses The driver must present proof of enrollment, such as an official letter from the educational institution confirming that the driver is currently enrolled in the program. 2. Course details and evidence of progress The FMCSA may require evidence that the course is legitimate and designed to improve English proficiency. Additionally, the course should be of adequate duration, and the driver must show progress toward achieving the required level of understanding. The driver may also be required to provide periodic updates on 14

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their language proficiency, especially if the OOS order was issued for a significant language barrier. 3. Temporary lifting of OOS order Once the driver provides proof of enrollment, FMCSA or law enforcement authorities may choose to temporarily lift the OOS order. In some cases, the driver may be allowed to return to work immediately, while in others, the OOS may be lifted temporarily to give the driver time to improve their language skills. The driver’s ability to operate the vehicle will depend on the FMCSA’s assessment of their language proficiency. 4. Ongoing responsibility to meet language proficiency Even after the OOS order is lifted, the driver will be expected to continue improving their English proficiency and comply with FMCSA regulations. Failure to progress or to meet the standards set forth by the FMCSA could result in the OOS order being reissued. The Importance of the English Language Proficiency Requirement The regulation is in place to ensure that drivers can safely operate commercial vehicles, understand critical safety instructions, and communicate effectively in emergency situations. This is crucial for: • Safety on the roads: Drivers must be able to follow


traffic signs, communicate with law enforcement, and understand safety protocols. Accurate documentation: Many safety documents, vehicle manuals, and regulatory forms are written in English, and drivers must be able to read and understand these materials. Interactions with the public: Drivers need to interact with the public and officials during the course of their work, especially in emergency situations or during roadside inspections.

Conclusion The FMCSA English language proficiency requirement applies to both intrastate and interstate commercial drivers of vehicles with

a GVWR of 10,001 lbs or more. Non-compliance with this regulation can result in an out-of-service order, preventing the driver from operating their vehicle. However, if a driver can prove they are enrolled in an approved English language course, the OOS order can be removed or deferred, allowing them to continue their work while improving their language skills. Ensuring that all commercial drivers can meet these language standards is a key element of FMCSA’s commitment to safety on the roads. For assistance with your OSDOT and OSHA compliance, don’t hesitate to get in touch with Anthony Morreale, co-owner of TriState Safety Solutions, at 732-551-3833, amorreale@tsss-nj.com, or visit our website, www.tsss-nj.com.

MONEY TALKS

A ROCK SOLID FINISH: CLOSING THE YEAR WITH CONFIDENCE Land improvement contractors know the satisfaction of finishing a project right — not rushed, not halfway, but solid. When the last load of gravel is spread and the grade looks just right, you can step back and know the work will hold up for years. That sense of pride, of completion, of durability is the same feeling you should aim for in your financial life as each year comes to a close. As we wrap up 2025, now’s the time to walk the job site of your finances. Check the foundation, inspect the drainage, and make sure everything is graded properly before the calendar resets. Because just like your projects, a strong finish now sets the stage for a smoother start in 2026. 1. Review Your Cash Flow and Profit Allocation Before you start thinking about tax moves or investments, take a look at your cash flow. The numbers tell a story — not just about how hard you worked, but how efficiently your money worked for you. Many contractors get caught up in the cycle of money in, money out and end the year with impressive revenue but not much to show for it. This is the perfect time to ask yourself: • Did I reinvest in the right areas — equipment, training, or technology? • Do I have enough set aside for upcoming taxes and insurance renewals? • How much profit am I keeping for myself, versus rolling right back into the business? Your financial advisor and CPA can help you find the right balance between investing for growth and paying yourself for the risk and effort you take on every day. True wealth isn’t built just from income — it’s built from what you keep and where you put it. 2. Make Your Tax Moves Now, Not Later

BY MICHAEL J. GUARINO III

Tax planning is like grading before the rain — timing makes all the difference. Too often, business owners wait until tax season to look at deductions and strategies. By then, it’s too late to make meaningful changes.Here’s what you can still do before year-end: • Upgrade or replace equipment while Section 179 deductions are available. Depending on your income and structure, you may be able to deduct much or all of the cost. • Maximize your retirement contributions. Whether you have a SEP IRA, SIMPLE, or Solo 401(k), additional contributions reduce taxable income while building long-term wealth. • Defer income strategically. At Granite Wealth Partners, we often help clients defer end-of-year income or bonuses to the following tax year, which can help manage cash flow and potentially lower current-year taxes while still keeping money working for them. • Review your entity structure. An S-Corp, for instance, may offer payroll and tax advantages compared to a sole proprietorship or partnership. • Consider charitable contributions. Whether you give cash, materials, or appreciated stock, thoughtful giving can make a real difference — to your community and your tax bill. A proactive approach now means fewer surprises in April and more money working for your future. 3. Prepare for Required Minimum Distributions (RMDs) If you or a family member is 73 or older, RDMs from IRAs or employer plans must be completed before December 31. Missing one can lead to significant IRS penalties — something no one wants at year-end. Even if you’re younger, this is the right time to review FALL 2025

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your retirement accounts. You may have opportunities for Roth conversions — shifting assets from taxable to tax-free growth — or tax-loss harvesting to offset gains. These decisions can save thousands over time if coordinated correctly with your advisor and CPA.

5. Review Insurance and Estate Planning Protection isn’t just for your job sites. The right insurance and estate planning protect your family, your employees, and everything you’ve worked to build. Take time to review: • Life and disability insurance: Do your policies reflect your current income and debt? • Business liability coverage: Does it match your current scope of work and assets? • Buy-sell agreements: If you have a partner, is the agreement funded and up to date? • Estate documents: Wills, trusts, and beneficiary designations need to reflect current wishes and family circumstances. This step isn’t just paperwork — it’s confidence. You wouldn’t leave heavy machinery unsecured on a site; don’t leave your financial future unprotected, either. 6. Revisit Your Goals and Reset for 2026 After all the technical reviews, step back and think about the big picture. What’s next for your business and your life? Maybe you want to expand your crew, buy property, or start planning for a transition to your kids. Ask yourself: • What worked this year and what didn’t? • Are my personal and business goals aligned? • Do I have the right people and systems in place to grow? Your business is probably the single largest asset you’ll ever own. Treat it with the same discipline you’d apply to any major investment. The more structure and clarity you have now, the more confident you’ll feel moving into the new year. The Bottom Line: Build on Rock Solid Ground Year-end isn’t just about numbers. It’s about reflection, correction, and preparation. It’s about taking pride in what you’ve built and ensuring it will stand the test of time — for your family, your business, and your legacy. At Granite Wealth Partners, we work with contractors, business owners, and families to create durable financial plans — structured, disciplined, and designed to weather the storms. We help our clients implement smart year-end strategies like deferring income, maximizing deductions, and aligning investments 16

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with long-term goals to ensure they finish strong. So before you hang up your hard hat for the holidays, take one last walk around your financial site. Patch the weak spots, tighten the bolts, and make sure your foundation is set. Because when you finish strong, you don’t just close the year — you start the next one on Rock Solid ground. Here’s a handy year-end checklist we supply to our business owners and clients: 1. Review Cash Flow • Know what came in, what went out, and what stayed. • Set aside reserves for taxes, insurance, and downtime. • Pay yourself — don’t let every dollar roll back into the business. 2. Make Strategic Tax Moves • Use Section 179 deductions for equipment upgrades. • Max out your SEP IRA, SIMPLE, or Solo 401(k). • Make charitable or community contributions before 12/31. 3. Manage Retirement Accounts • Take RMDs if you’re 73 or older. • Consider Roth conversions or rebalancing before yearend. 4. Harvest Gains & Losses • Offset gains with losses for tax efficiency. • Avoid the wash-sale rule — work with your advisor on timing. 5. Check Protection & Legacy Plans • Review life, disability, and liability insurance. • Confirm your buy-sell agreements and estate documents are current. 6. Set Your 2026 Game Plan • Define business and personal goals. • Identify where to grow, delegate, or improve efficiency. • Schedule your Rock-Solid Review early to start next year with clarity. Michael J. Guarino III, CDFA®, AIF®, is the CEO and founder of Granite Wealth Partners.

PHOTO BY DMITRY DEMIDKO; UNSPLASH

4. Harvest Gains and Losses Thoughtfully The markets have been anything but predictable. Yet volatility creates opportunity. By selling investments at a loss to offset gains elsewhere in your portfolio, you can reduce your taxable income for 2025 — and possibly position for stronger growth in 2026. This “tax-loss harvesting” strategy requires care: you can’t sell a stock and buy it right back, or the wash-sale rule will disallow the deduction. A coordinated plan between your advisor and tax professional ensures every move you make is intentional, compliant, and effective. Just as you wouldn’t move earth without checking the grade, don’t make financial moves without understanding the slope and flow of your overall plan.


ADAPTING TO FEDERAL POLICY CHANGES: KEY STRATEGIES FOR CONTRACTORS IN NEW YORK AND NEW JERSEY As the year began, the construction industry in New York and New Jersey was poised for significant growth, with forecasts projecting a potential boom that could drive the sector for the next five years. However, a series of unprecedented economic challenges has tempered those initial expectations, requiring contractors to rethink their strategies in a shifting environment. Recent federal construction policy changes and economic developments are reshaping construction trends in the New YorkNew Jersey corridor, one of the nation’s most active infrastructure regions. A funding freeze on a major transit project, changes to business certification rules and tariffs on key materials are creating a complex environment for contractors, with the potential to disrupt project timelines, budgets and business goals across the region. Impact of Funding Freeze on the Gateway Project Federal actions have imposed a funding freeze on the Gateway Project, a $16 billion initiative to build a new rail tunnel under the Hudson River. The freeze of this major infrastructure initiative could have significant ripple effects: • Project delays, leading to increased costs, cash flow is-

BRIGETTE EAGAN, ESQ. PATRICK W. MCGOVERN, ESQ.

BY CARL OLIVERI

sues for contractors, and higher material and equipment expenses. Economic impacts that extend beyond the immediate project ecosystem, affecting jobs, transportation, and regional growth.

Navigating Changes to Business Certification Rules Recent revisions to Disadvantaged Business Enterprise (DBE) certification standards have changed how disadvantaged status is determined. As a result, participation targets for DBE projects are currently under review. These federal policy changes have created a need for construction companies to carefully interpret and comply with the new regulations outlined in the Interim Final Rule, potentially leading to higher legal and compliance costs during the process. Managing the Impact of Tariffs Fluctuating tariff policies have created an atmosphere of uncertainty for contractors, while the industry continues to face the impacts of 25% tariffs on essential building materials, such as steel, aluminum and lumber. These tariffs, coupled with other

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federal construction policy changes, have caused cost hikes and material shortages, making it difficult for contractors to accurately forecast and manage project expenses. In an industry already operating on tight profit margins, these additional costs present a serious challenge. Contractors now need to develop strategies to absorb or offset the increased expenses to stay competitive and profitable. Some project owners are responding to these uncertainties by adjusting their construction budgets and timelines, and, in more extreme cases, projects are being put on hold or even canceled altogether due to the lack of clarity. Strategic Actions for Navigating Federal Policy Changes in Construction As the New York-New Jersey construction industry faces federal policy changes and economic shifts, contractors must adopt a proactive and agile approach. Consider the following strategies: 1. Strengthen financial management practices: Use “tried and true” tools like cash flow forecasting, detailed project budgeting, and scenario planning to identify potential risks and opportunities across multiple outcomes. 2. Explore alternative financing options: To maintain liquidity and stability, consider alternative financing options, such as working capital lines of credit, shortterm loans, and negotiating advance payments from project owners.

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Communicate with financial partners: Engage in transparent communication with bonding agents, sureties, bankers, and other financial stakeholders. Demonstrating a clear plan for managing risk builds trust and support. Plan strategically for tariffs: Continue to explore alternative procurement strategies, including sourcing from domestic suppliers, securing inventory at favorable rates and identifying suitable material substitutions. Stay informed and adapt to change: Monitor regulatory, economic and federal construction policy change developments, reassess strategies regularly, and leverage data to make timely, informed decisions.

Looking Ahead The New York–New Jersey construction industry remains a crucial driver of economic growth, but changing federal policies and market conditions call for a new level of strategic planning. By staying informed about these federal policy shifts impacting construction and adjusting strategies accordingly, contractors can better position themselves to succeed, even as the landscape evolves. Carl Oliveri is the construction practice leader and a partner at Grassi. With over 25 years of experience advising owners and executives in the construction industry, he specializes in project-centric and companywide financial modeling, operational strategy development, financial statement accounting services, and income tax method analysis.

LEGALLY SPEAKING

HOW H.R. 1 RESHAPES ESTATE PLANNING FOR BUSINESS OWNERS AND FAMILIES The recent enactment of H.R. 1, commonly known as the “One Big Beautiful Bill Act,” or the “Act,” which has been signed into law, includes a critical provision that permanently and significantly increases the federal estate and gift tax exemption amounts. This will have a profound impact on wealth transfer strategies and may require the review and updating of existing estate plans. For years, families and their advisors have navigated the complexities of fluctuating tax laws, often planning around temporary provisions and sunset clauses. This new law provides a welcome measure of certainty and offers opportunities for high-net-worth families and owners of closely held businesses to refine their legacy plans. 18

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The Game-Changer: A Permanent Increase in Exemption The most impactful change for estate planning comes from Section 70106 of the Act, which directly addresses Section 2010(c)(3) of the Internal Revenue Code, the section that sets the federal estate and gift tax exemption. Prior to the Act’s enactment, the basic exclusion amount for federal estate and gift tax purposes was set to revert to $5 million per person (which, indexed for inflation, would have been approximately $7 million) at the end of 2025, following the expiration of the temporary doubling of the exemption amount enacted by the Tax Cuts and Jobs Act of 2017. This looming “sunset” created significant uncertain-

BY ELIZABETH PETITE

ty and often drove planning discussions. However, under the Act, the federal estate and gift tax exemption is now permanently increased to $15 million per person, effective for estates of decedents dying and gifts made after Dec. 31, 2025. This substantial $15 million figure will also be indexed for inflation from calendar year 2025 forward, meaning it will continue to grow over time. To put this into perspective, a married couple will now be able to transfer approximately $30 million (plus inflation adjustments) free of federal estate and gift taxes. This is a monumental shift that demands a fresh look at your existing strategies and opens new avenues for future planning.


PHOTO BY TINGEY LAW FIRM, UNSPLASH

For New Estate Plans: A Shift in Focus If you are just beginning to formalize your estate plan, this law offers a clearer path forward. While federal estate tax remains a consideration for the very largest estates, many families will find themselves comfortably below the new, higher exemption thresholds. This allows a shift in focus from solely minimizing federal estate tax to addressing other objectives: 1. Asset Protection: Protecting your hard-earned assets from potential threats such as creditors, lawsuits, or divorce remains paramount. Strategic use of trusts and other entities can safeguard wealth for future generations. 2. Business succession planning: For owners of closely held businesses, this is often the most complex and vital aspect of estate planning. The new law reinforces the need for succession strategies that ensure a smooth transition of leadership and ownership, preserve business value, and provide liquidity for your family without forcing a sale of the enterprise in order to pay estate taxes. Focus can now be placed more heavily on operational continuity and leadership development. 3. Income tax planning: With less emphasis on estate tax, the focus on income tax efficiency becomes even more important. Assets that remain in your estate will generally receive a “step-up in basis” at death. This means the cost basis of those assets (for capital gains tax purposes) is adjusted to their fair market value on the date of death. This can significantly reduce or eliminate capital gains taxes for your heirs when they eventually sell those assets. This is a powerful benefit that can now be leveraged more broadly. 4. State-level taxes: It’s crucial to remember that this federal law does not impact state-level estate or inheritance taxes. Many states have their own transfer taxes that apply at much lower thresholds than the federal exemption. For example, New Jersey’s inheritance tax is imposed on bequests to individuals who are not a spouse, direct ancestor, or direct descendant of the decedent; this tax may kick in at bequests as little as $500 and can range anywhere from 11-16% of the bequest.

es” designed to minimize estate taxes under previous laws. These clauses often direct assets to specific trusts (like “credit shelter” or “bypass” trusts) based on the federal estate tax exemption amount in effect at the time of your death. With the new, significantly higher exemption, these formulas could lead to unintended consequences, such as: • Overfunding of trusts: A trust designed to receive “the maximum amount that can pass free of estate tax” might now receive a much larger portion of your estate than originally intended (or all of your estate), potentially disinheriting other beneficiaries or creating liquidity issues. • Unintended beneficiaries: Assets might be allocated to certain family members, leaving less than you had desired for others. • Income tax inefficiencies: Assets passing into certain trusts might not receive the full “step-up in basis” at death, leading to higher capital gains taxes for your heirs down the line. Furthermore, your existing gifting strategies should be reevaluated. The increased gift tax exemption allows you to make larger lifetime gifts without incurring gift tax or using up all of your estate tax exemption. For individuals who have already used a significant portion (or all) of their lifetime exemption amount, the increased exemption also gives them more that can be applied to additional lifetime gifts. Gifting can be an effective way to remove appreciating assets from your taxable estate, benefiting your heirs and potentially reducing future transfer tax exposure, at the federal and/or state level.

Scheideler Excavating Co.

For Existing Estate Plans: A Critical Review is Imperative If you already have an estate plan in place, now is a good time to review it. Your existing documents may contain “formula clausFALL 2025

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For Business Owners: • Strengthen your succession plan: This is an opportune time to solidify who will lead and own your business when you’re no longer at the helm. This includes considering buy-sell agreements, management transitions, and how to value and transfer ownership interests efficiently. • Liquidity planning: Even without federal estate tax, liquidity may still be needed for state taxes, business operations, or to equalize inheritances among family members. • Valuation strategies: Accurate business valuation is crucial for all transfer purposes, whether by gift or at death.

EMPLOYERS' ROLE IN CULTURE WAR CONFLICT

Key Considerations Free Speech: Though private employers are not bound by the First Amendment in the same way as government entities, there may be federal, state, and local laws regarding political expression in or away from the workplace. Discipline related to political commentary requires careful consideration and must not run afoul of those political speech protections. Discrimination and Retaliation: Because opinions and comments can be associated with employee identity, there is risk that political speech is intertwined with protected characteristics (e.g., race, religion, political belief, depending on jurisdiction) and could, therefore, trigger discrimination or harassment claims. In addition, if an employee engages in protected activity, such as the complaints encouraged by government agencies and political figures, there is risk that discipline could trigger retaliation claims. Consistent Application of Policies: Various policies are implicated by political speech, potentially including policies FALL 2025

This article provides general information and should not be considered legal advice. For guidance specific to your situation, consult an estate planning attorney licensed in your jurisdiction. Elizabeth Petite is the chairperson of Lindabury’s Wills, Trusts & Estates practice. She can be reached at 908.233.6800 or EPetite@Lindabury.com.

BY JEREMY THOMPSON & BRITNEY N.D. TORRES

Escalating culture war conflicts and heightened tensions can spill into the workplace when employee conduct relates to national and global political controversies. Whether in the office, through the virtual workplace, or via social media, employee political and ideological speech may require employers to navigate various legal considerations and take action. The tensions are continuing to escalate with government agencies’ inviting complaints and political figures’ urging citizens to report employees to their employers. Although these conflicts have become more commonplace in recent years, they are layered, nuanced, and continually evolving. Before taking action, employers can help minimize the influence of politicized and polarized opinions by focusing on the following key considerations, which provide a foundation for addressing conflict, responding to complaints, and navigating the potential for litigation.

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Conclusion: The permanent increase in the federal estate and gift tax exemption is a significant and positive development. It offers a chance to simplify certain aspects of your planning while allowing more strategic attention to your unique family dynamics, business continuity, and long-term legacy.

related to anti-discrimination, anti-harassment, anti-retaliation, social media use, off-duty conduct, dress codes, workplace violence, health and safety, and more. Those policies can provide the foundation for employer response and are especially helpful when they are clearly communicated to employees and consistently enforced. Stakeholder Scrutiny: Employers can anticipate that conflicts will involve more than just employees, potentially including shareholders, customers, clients, vendors, and suppliers. Employer response to political conduct can become widely publicized, draw public scrutiny, and may impact employee perception, market reaction, and other stakeholder responses. To avoid seeming unfair, hypocritical, or disingenuous, employer conduct related to political and social issues (such as political contributions, policy positions, and company statements) can be considered in establishing and enforcing expectations for employee conduct. Personal Significance: Employment-related controversy can come from all directions and span myriad topics, including immigration policy enforcement, inclusion, equity, and diversity, sex and gender identity, religious rights, whistleblower protections, employee surveillance, labor organizing, and more. Acknowledgment of the deeply personal nature of these issues is an important consideration in developing both policies and a response strategy. Takeaways To evaluate preparedness for responding to culture war conflicts, employers can consider the following questions: • Do our existing policies establish expectations, support a response, and limit risk? • Are our managers equipped (trained) to respond appropriately to such speech or related complaints? • Is Legal/Compliance informed and involved in developing a response strategy, especially when public exposure is significant?


Is there alignment between our public statements and values (e.g., free speech, inclusion, respect) and how we address behavior in practice? Do we need to conduct a policy audit or develop response protocols?

tional values. Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.

By proactively evaluating preparedness, developing strategy, and evolving practices, employers can holistically navigate culture wars in a way that is consistent with the law and organiza-

Littler Mendelson is part of the international legal practice, Littler Global, which operates worldwide through a number of separate legal entities.

• •

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NJLICA is looking for

LABORER, OPERATOR, & TRUCK DRIVER APPRENTICES

How Can Apprenticeship Training Help Your Company? • Instill your company’s culture and retain workers • Recruit and develop a diverse and highly skilled workforce • Improve productivity, profitability, and your bottom line • Reduce turnover, improve loyalty, and retain top talent • Demonstrate investment in your community

New hires and/or existing employees or Hire an apprentice from the NJLICA Apprenticeship Program

This Education Has Two Facets: On The Job Training and Classroom Instruction

Your Apprentice will Learn and Produce Better Quality Work, Moving You Forward at No Additional Cost to the Employer! For Questions Or To Enroll Your Apprentice Today Simply Contact: Buddy Freund, Executive Director At Buddy@govisionstrong.com 973-630-7600

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NJLICA • PO Box 166 • Succasunna, NJ 07876 • www.NJLICA.org FALL 2024

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MEMBER

SPOTLIGHT DOUG MINGST

When Ken, John, and Dave Ritchie — three brothers from Kelowna, British Columbia — took over their father’s used furniture store in 1955, they had no idea that the business would one day grow into the world’s largest online auctioneer of commercial assets and vehicles. Now, 70 years later, what was once OK Used Furniture is now Ritchie Bros., and each year tens of thousands of sellers around the globe count on the company’s auctions to help them sell heavy equipment, trucks, and other assets quickly, efficiently, and for the best returns possible. The brothers entered the auction business in 1958 and began selling used equipment in the 1960s. They expanded from Canada to the United States in the 1970s, followed by other countries in the 1980s. The business experienced major growth in the 2000s, when they began acquiring equipment auction companies and equipment listing services across the U.S., Canada, and Europe. Today, Ritchie Bros. advertises itself as a one-stop-shop for everything an equipment and truck business needs to succeed, from buying and selling solutions, to market insights, valuation, and fleet management tools. The company conducts regular live auctions at more than 40 permanent auction sites around the globe, gathering equipment from many different sellers and auctioning it off at these events. The company’s premier global auction event in Orlando, Fla., attracts thousands of consignors and bidders from

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all over the world. Last year, over 19,000 registrants from over 75 countries completed online for more than 16,000 items resulting in over $250 million worth of equipment sold. (The next Orlando event will be held Feb. 16-20, 2026.) Ritchie Bros. also handles off-site auctions, helping consignors navigate complex dispersal processes for equipment that’s hard to move or is located in remote regions. Over the years, they’ve conducted auctions at mine sites, construction sites, and forestry camps. For these auctions, the company can create a marketing campaign, prepare the site and equipment for sale, stage the equipment for buyer inspections, and handle buyer inquiries and inspections. The company’s gross transaction value for the first nine months of 2025 was $11.9 billion. But Ritchie Bros. doesn’t just do auctions. They also provide refurbishing services (such as painting, sandblasting, and upholstery repair), as well as appraisals and shipping services through their sister companies. The business is a brand of RB Global, which also includes brands like Rouse Services, an asset management, data-driven intelligence, and performance benchmarking system; SmartEquip, a technology platform that supports customers’ management of the equipment lifecycle and integrates parts procurement; and Veritread, an online marketplace for heavy haul transport.


I JUST LOVE THE AUCTION BUSINESS. I LIKE IT BECAUSE IT'S DIFFERENT EVERY DAY. I COULD BE LOOKING AT A SKID STEER IN THE MORNING AND A TUGBOAT IN THE AFTERNOON.

PHOTOS COURTESY OF RITCHIE BROS.

Doug Mingst, who has 32 years in the equipment industry working for manufacturers and dealers, is now in his second stint with Ritchie Bros. He first joined the company in 2017 as a territory manager before heading to JESCO and working as a used equipment manager. Mingst returned to Ritchie Bros. in 2023 and now works as the regional sales manager for New York and New Jersey. Along with a team of five, it’s Mingst’s job to find business for the company, through entities like construction, rental, and transportation companies. He likes to put it this way: If someone’s got something to sell, he wants to see it. “I just love the auction business; it’s in my blood,” Mingst says. “I like it because it’s different every day. I could be looking at a skid steer in the morning and looking at a tugboat in the afternoon. You see everything and anything in between.” The tugboat Mingst is talking about sat on the East River across from Yankee Stadium for the longest time before a man from Rochester, N.Y., drove down in a snow storm to take a look at it. The boat was full of snow as he walked through, and he ended up purchasing it, floating it up through the locks and canals to upstate New York with plans to turn it into an Airbnb. Mingst’s time in the used equipment industry is full of stories like that. Currently, he’s working with a woman on Long Island whose late husband restored a number of antique trucks. During his first job with Ritchie Bros., Mingst handled the dispersal for a well-known, well-loved Long Island contractor who went to work every day well into his 80s. “There were a lot of emotions involved,” Mingst says. “His daughter didn’t know what to do. I gave her my card, told her I thought the world of her father, and wanted to put a value on his equipment. I told her I didn’t mind if she didn’t use me, but I wanted to make sure she had a base line for what the equipment was worth.” Mingst did end up landing the dispersal and hand-held the entire sale. And just as important, he helped a client understand the real value of their equipment, something he says most people just don’t know. “Often, people run off of emotion rather than facts, and they tend to have an unrealistic value of what something is really worth,” Mingst says. “I always say be honest with yourself. These are not your kids; they are assets, and there should not be an emotional attachment.”

Mingst recently brought his expertise to an NJLICA event, giving a presentation about how to properly value equipment. Ritchie Bros. recently joined NJLICA's membership, and Mingst appreciates that his involvement now gives him opportunities to create more connections with small- and medium-sized contractors who are eager for this type of information. And Mingst hopes these contractors see the value of Ritchie Bros. “We are so unique because it’s the largest auction company in the world and we have so many services that are available to our customers,” says Mingst. “We can do everything from value assets through one of our sister companies, or we can sell things at our onsite auctions, and we have the capability to buy fleets. Being the size that we are, there’s not a company out there that can do what we can.” Kelley Freund is a freelance writer based in Virginia.

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NJLICA

NEWS KABOOM! NJLICA’S INITIATIVE TO PROMOTE THE TRADES HAS EXPLODED THINK BIG FOR KIDS Two years ago, NJLICA was approached by Think Big for Kids, an organization whose focus is on educating under-privileged middle school and high school students about the career opportunities available to them. Now armed with three remote control pieces of construction equipment, a video showcasing the trades, and one (soon to be three) construction simulators, NJLICA is spreading the word about the trades across New Jersey. The kids? They absolutely love it! So far this fall, Think Big and NJLICA have visited: • Boys and Girls Club of Clifton • Boys and Girls Club of Passaic • Boys and Girls Club of Trenton

CAREER DAYS AND COLLEGE FAIRS

COMING TO A SCHOOL NEAR YOU

Middle schools and high schools, here we come! The fall has been busy, and spring 2026 will be out of control. Every guidance counselor in New Jersey who has heard of NJLICA’s road show wants us to attend their career day and/or college fair. NJLICA is always the most popular booth, with lines to get on the simulator or use the remote-control construction vehicles. We’ve visited the following schools so far this fall: • American Mexican Regional Chamber of Commerce • Cedar Grove High School • East Orange High School • East Side High School • Hopatcong High School • Lyndhurst Middle School • Lyndhurst High School • Montclair High School • Overbrook High School • Teaneck High School

If you would like to join us at your local middle and/or high school and tell YOUR personal story of you getting into the trades, or have us visit your local school system, reach out to Hugo Castillo, NJLICA Apprenticeship Coordinator, at 201-443-5964 or hugo@njlica.org.

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NJLICA APPRENTICESHIP PROGRAM Classes are in full swing for the 2025-26 apprenticeship year. NJLICA is currently running classes in three trades: construction craft laborer, heavy equipment operator, and truck driver heavy. Students are shown receiving their certificates for completing their OSHA 30 training course.

CONSTRUCTION, COCKTAILS, & CONNECTIONS Being new to this whole AI thing, I punched in “Give me two paragraphs on networking.” What came back to me is not surprising. Networking is a two-part concept. Computer networking involves connecting computers to share data and resources like printers. Professional/social networking is building relationships with people to exchange ideas, seek opportunities, and offer mutual support. Both rely on the principle of connection to share and exchange information and resources, with computer networks using technologies like cables and Wi-F, and human networking using communication and social interaction. Computer networking: the use of cables, Wi-Fi, files, applications, hardware, components, wireless, routers, and switches. Blah, blah, blah. On the other hand, professional or social networking involves building and maintaining relationships with other people, often with common interests or goals. Professional networking is often based on reciprocity, where people help each other by making connections and/or sharing expertise. Although we all rely on the first type of networking in today’s technology driven world, NJLICA is all about door number two — professional networking. With that in mind, we have scheduled four opportunities with our new calendar of Construction, Cocktails, & Connections for people to get to know each other in a fun, festive environment. Join us in Morristown during March Madness, hit the beach with us at the Beach Haus Brewery, play a little indoor golf at Baseline Social, or visit the taproom at Varitage Brew Works. Hey, it’s tools down and drinks up in 2026!

NATIONAL LICA WELCOMES DENNIS MIKULA, JR. AS NEW CHIEF EXECUTIVE OFFICER Seasoned industry leader and business executive to begin Jan.1, 2026 The National Land Improvement Contractors of America (LICA) is pleased to announce the appointment of Dennis Mikula, Jr., as its new Chief Executive Officer, effective January 1, 2026. Mikula joins National LICA with nearly three decades of leadership experience in the land improvement, construction, and business sectors. As President of Mikula Contracting, Inc., a third-generation, family-owned excavation, demolition, and environmental services company established in 1946, he has guided the organization through consistent growth while modernizing operations with technology and best practices. Mikula will assume the role of Chairman of Mikula Contracting as he commences his duties as CEO of National LICA. Under his leadership, Mikula Contracting has earned multiple honors, including being named New Jersey Family Business of the Year (2020) by Fairleigh Dickinson University’s Rothman Institute of Innovation and Entrepreneurship. The company has also received numerous NJLICA Safety Awards and Commerce

and Industry Association of New Jersey (CIANJ) “Companies That Care” Awards for community outreach. Currently serving as president of the New Jersey Land Improvement Contractors of America (NJLICA), Mikula has been a vocal advocate for contractors and the broader construction industry. He also has an extensive history of civic and business leadership through his roles on the Executive Boards of the Commerce and Industry Association of New Jersey, Meadowlands Chamber of Commerce, Bergen New Bridge Medical Center Foundation, and the New Jersey Policy Research Organization (NJPRO). Beyond his professional accomplishments, Mikula is deeply committed to community service and mentorship. He helps coordinate the Meadowlands Chamber Basket Brigade Program, proFALL 2025

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NJLICA

NEWS viding Thanksgiving meals to over 300 families each year. He also continues to mentor young professionals, a passion shaped by more than 20 years of coaching high school and college football. “I’m honored to serve as CEO of National LICA at such a pivotal moment for our industry and our association,” said Mikula. “We have an opportunity to modernize our structure, strengthen national–state alignment, and deliver even greater value to our members nationwide. I’m committed to leading with transparency, collaboration, and

a bold vision that positions LICA as the nation’s top voice for land improvement and conservation.” National LICA President Jeff Schell said, “Dennis brings a rare blend of operational excellence, industry leadership, and community spirit. His experience leading a family-owned contracting business and his deep roots in the LICA network make him uniquely qualified to guide our organization into its next chapter.” Mikula lives in New Jersey with his wife, Diana, and their daughter, Lucy.

UFG INSURANCE AND PRINS INSURANCE ANNOUNCE STATE LICA INSURANCE PROGRAM 2024 DIVIDEND RESULTS UFG Insurance is pleased to announce a 5.5% policyholder safety dividend has been earned for 2024 by qualifying members of the State Land Improvement Contractors Association (LICA) Insurance Program. While UFG proudly served as the recommended insurance company for the State LICA Insurance Program in partnership with Prins Insurance, UFG has made the strategic decision to no longer serve in this capacity effective Dec. 31, 2025. UFG will continue to have a strong appetite for insuring grading, site preparation and excavation contractors with a dedicated construction business unit committed to delivering deep expertise and specialized capabilities for the construction industry. UFG plans to offer a renewal policy for eligible contractors currently insured in the State LICA Insurance Program.

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HARD WORK. RELIABILITY. PRIDE. It’s what matters. You’ve worked hard to construct a reliable business that takes pride in excellent workmanship. That matters. UFG Insurance knows the importance of protecting the reputation you’ve built. As the carrier of choice, we’re proud to offer members of the New Jersey Chapter of LICA a special opportunity to participate in our trusted state LICA insurance program. Receive products and services tailored to unique industry needs, including comprehensive risk control. Exceptional customer service that doesn’t end when a contract is signed.

Find a UFG agent today at ufginsurance.com.

CEDAR RAPIDS, IA © 2022 United Fire & Casualty Company. All rights reserved.

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NEW MEMBERS

GROWING BIGGER AND STRONGER EVERY DAY Contractor Members Anselm & Sons LLC David Pereira Newark, N.J. A Diebold Installations, Inc. Allen Diebold Bradford, Ontario Canada ADS Contractors LLC Amanda Loeffler Pittstown, N.J. ATS Construction Group, Inc. Amy Salamon Middlesex, N.J. Aurea Trucking LLC Joicy Simao Domiciano South River, N.J. Bodner Fence & Construction LLC Tim Bodner Somerset, N.J. CAN USA, Inc. Tim Barry Hackensack, N.J. Choice Water Group LLC dba Roesly Well Drilling John Roesly Cedarville, N.J.

Exclusive Contractors LLC Fernando De Souza South River, N.J. F & G Construction & Demolition, Inc. Roxanne Raymond Morrisville, Pa. Fine Line Installations LLC Benjamin Clark Bristol, Va. Friendly Tree Experts, Inc. Anton Lang Orange, N.J. G. Frasso Group LLC Jay Galtieri Cedar Grove, N.J. ILV Contracting LLC Ivana Velkov Clifton, N.J. Jenny’s Jetting & Vac Services LLC Jenna Messercola Plainfield, N.J. L & A Transportation LLC Cristian Leon Newark, N.J.

Croft Infrastructure LLC Patrick Croft Berlin, N.J.

Landmark Structures Nathan Gregory Fort Worth, Texas

Dover Environmental Group, Inc. Sheri Borg Andover, N.J.

Morgans Irrigation LLC Alex Morgans Beachwood, N.J.

Essex & Morris Contracting Anthony Trezza East Hanover, N.J.

MSN Trucking LLC Muhammet Kilic Burlington, N.J.

40 NEW MEMBERS IN THE THIRD QUARTER OF 2025

Premier Steel Products Ricky Singh Hillsborough, N.J. Pro-Techs Surfacing LLC George Tomko IV Copley, Ohio Protection Technologies LLC Michael Singer Oak Ridge, N.J. Richard J. Cosh Excavating, Inc. Rich Cosh Sussex, N.J. Ronald Construction LLC Ronald Costa South River, N.J. RPM Landscape Contractor LLC Lindsey Miller Hammonton, N.J. GET INVOLVED THE NJLICA BOARD HAS POSITIONS AVAILABLE FOR THE FOLLOWING COMMITTEES: Membership Scholarship Legislative Communications and Marketing Silent and Live Auction Member Programming and Social Member Networking/Education Monthly Meetings Events: State Conference Golf Classic Beefsteak Dinner Holiday Awards Dinner

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S.E. Rose Trucking and Excavating Scott Rose Warren, N.J.

The DePascale Group LLC Ralph DePascale Butler, N.J.

Littler Mendelson, PC Russ McEwan Newark, N.J.

Snover Contracting LLC Frank Snover, Jr. Great Meadows, N.J.

Associate Members EBF Enterprises LLC Stephen Ferris Belvidere, N.J.

Patriot Commercial Vehicle Inspections Keith Toll Toms River, N.J.

SOLIDFRAME LLC Kareem Jarrah New York, N.Y.

Faztec Industries, Inc. Mike Belloni Staten Island, N.Y.

Titanium Payments Louis Puglisi Ventnor City, N.J.

South Shore Paving LLC Dennis Sagaria Morganville, N.J.

Granite Wealth Partners Mike Guarino Denville, N.J.

Vulcan Materials Company Frank Prano Saddle Brook, N.J.

NJLICA DUES INVOICES WERE MAILED OUT IN SEPTEMBER. YOUR PROMPT REPLY IS GREATLY APPRECIATED. A REMINDER THAT THE NJLICA DUES YEAR RUNS FROM SEPTEMBER 1-AUGUST 31. YOUR PAYMENT WILL CARRY YOU THROUGH AUG. 31, 2026.

HASKELL PAVING, INC. PAVING • ASPHALT MILLING JEFF BAILEY: 973-835-1083 GREG BAILEY: 973-703-1492 BRIANNA BAILEY: 201-207-5424 MATT NATELLI: 973-714-1269 GENERAL INQUIRIES:

BRIANNA@HASKELLPAVING.COM 30 GREENWOOD LAKE TPKE. RINGWOOD, NJ 07456 FALL 2025

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Large Resources. Local Relationships. We help our clients manage and protect their most valuable assets—their people and their business. As part of the World Insurance Associates family, we offer our clients top products and services from the best providers that span all of your personal and commercial needs. You will continue to get the white-glove service and personal touch of your local agent.

• Personal Insurance • Commercial Insurance • Surety & Bonding • Employee Benefits • Financial & Retirement Planning • Human Capital Management Solutions EXCLUSIVE TO LICA MEMBERS

• Employee Health Insurance Plan Call or email us today to learn more about our offerings. 908-738-8493 | lica@worldinsurance.com World Insurance Associates LLC, 100 Wood Avenue South, Iselin, NJ 08830

• Payroll & HR Services • 401K

WWW.WORLDINSURANCE.COM

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­ Apprenticeship has been shown to help employers attract and retain employees, as well as cultivate a highly skilled and productive workforce. As a benefit to its members, NJLICA maintains a USDOL approved apprenticeship program for Truck Drivers (1 year), Laborers (2 years), and Heavy Equipment Operators (3 years). To encourage active participation in its program, NJLICA offers incentives to members who sponsor an apprenticeship, as well as significant financial incentives to apprentices who are enrolled and actively participate in the program.

Employers who sponsor an apprenticeship in 2026 receive a 66% reduction in their annual contribution requirement to NJLICA's Apprenticeship Trust fund. In addition, employers who sponsor apprentices gain skilled workers, reduce employee turnover, an improve productivity. Apprenticeship can also help an employer address skilled labor shortages at a time when many employers are reporting that they simply cannot find skilled workers to fill jobs.

­ Contact: Tracy Carver: tcarver@tlc4prevailingwage.com 36 FALL Buddy2025 Freund: buddy@govisionstrong.com NJLICA: 973.630.7600

NJLICA recognizes that inflation is at a high, food and gas are expensive, just about every aspect of our everyday lives has a hefty price tag. Therefore, to incentivize individuals to invest in themselves by pursuing apprenticeship, NJLICA currently provides individuals who are registered and actively participating in its program with an annual stipend. Apprentice Truck Drivers eligible to receive • $3000 upon completion of the program, OR CDL class paid for by NJLICA • Available to the first 12 apprentices who enroll in the program Apprentice Laborers eligible to receive*** • $7500 or the first year completed • $7500 for the second year completed • Available to the first 10 apprentices who enroll in the program Apprentice Heavy Equipment Operators eligible to receive*** • $7500 for the first year completed • $7500 for the second year completed • $7500 for the third year completed • Available for the first 14 apprentices who enroll in the program


NJLICA MEMBER

BENEFITS r buck or you

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EVENTS

GOLF CLASSIC NORTH: 37th ANNUAL GOLF CLASSIC

New Jersey National Golf Course was the site of the 37th Annual NJLICA Golf Classic North. NJLICA was seeking a change in venue, and New Jersey National proved to be absolutely spectacular! Over 100 golfers enjoyed a great day of swinging the clubs, and renewing and making connections. Faztec Industries, with the team of Mike Belloni, Will Denise, Vince Petrulo, and Phil Lombardozi, brought home the championship trophy with a score of 59. We will return to New Jersey National on Monday, August 24, 2026.

Premier Sponsors

Invitational Sponsors Golf Range Netting North American Aggregates Prins Insurance United Fire Group World Insurance Associates Rocket Golf Ball Launcher North American Aggregates Player Giveaway Sponsors R & R Construction Co., Inc. V.A Spatz & Sons Construction Dinner Sponsors Brent Material Company Premier Emissions & Safety Inspectors Beverage Cart Sponsors J. Kramer Landscaping & Snowplowing J.A. Neary Excavating Salmon Bros. Top Contracting Industries 38

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Beverage Station Sponsor DeSapio Construction Fleet of Carts Sponsor The True Agency Registration Sponsor Haskell Paving $10,000 Putt Off Sponsor Faztec Industries Ball Sponsor Foley Cat Putting Green Sponsors Braen Stone Icon Equipment Mountain View Development Driving Range Sponsors Golf Range Netting Mathis Construction Co., Inc.

Robert Wogisch Landscape Smolin, Lupin, & Co. Tilcon NY, Inc. Wallkill Group Lunch Sponsor Mathis Construction Co., Inc. Hole in One Sponsors DeSapio Construction New Jersey Tax Advisors LLC Closest to the Pin Sponsor Robert Wogisch Landscape Longest Drive Sponsor Haskell Paving


Tee and Green Sponsorship

Art Coon Plumbing Bell Mill Construction Co. Church Auto County Concrete D.P.S. Pump Service Dave O'Donovan Excavating Donahue Contracting Espo's Tree & Crane Service Haskell Paving Hewson Landscape James R. Ientile L.N. Rothberg & Son Lindabury, McCormick, Estabrook, & Cooper, PC

Middleton & Company Mikula Contracting Natures Choice North American Aggregates Patrick DiCerbo - Northwestern Mutual Peerless Concrete Products Progressive Brick Renda Roads Ritchie Bros. Rue Insurance Shotmeyer Bros. Fuel Co. Stavola Companies Taylor Oil Co. Tri-State Safety Solutions Wantage Excavating

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THIRD ANNUAL CLAY SHOOT Lehigh Valley Sporting Clays in Coplay, Pa., was again the host for the Annual NJLICA Clay Shoot. Thirty-six shooters made their way around this quarry course on a beautiful October day. Not a cloud in the sky all day! Top Team honors went to the team from Filco Industries. Colin Machleder, Bill Fiorenzo, and David Machleder brought home the gold medal for Filco. Top Gun honors for the day went to Adrian Gonzales of North American Aggregates with a score of 83 clays out of 100. Many thanks to North American Aggregates and World Insurance Associates for their support as presenting sponsors.

The Presenting Sponsors North American Aggregates World Insurance Associates Player Giveaway Sponsor NJLICA Ammunition Sponsor Tom Krutis Excavating Lunch Sponsors Wantage Excavating Brent Material Company Filco Industries Gun Sponsor Tom Krutis Excavating Awards Sponsor Tilcon NY, Inc.

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Breakfast Sponsors DeSapio Construction Brent Material Company On Course Snacks Sponsor Dave O'Donovan Excavating Station Sponsors Brent Material Company DeSapio Construction Filco Industries NJLICA North American Aggregates Tilcon NY, Inc. Tom Krutis Excavating Wantage Excavating World Insurance Associates


FALL DINNER MEETING, NORTH The Yogi Berra Museum on the campus of Montclair State University served as the venue for the NJLICA Fall Dinner Meeting North in September. In addition to some great Yankee and baseball memories, 45 attendees were treated to two great presentations. First, Pat McGovern and Brigette Eagan, attorneys at law with Genova Burns, provided an informative update on employment and labor law issues. Secondly, cash flow strategist Vito Mazza of Kinum shared his top 10 tips for improving cash flow. Simply put, an outstanding meeting!

FALL DINNER MEETING, SOUTH Laurita Winery in New Egypt is a beautiful venue. But on this October evening with the beautiful sunset, grape vines, and crisp fall air, this venue was spectacular! Forty attendees were treated to four home-grown wines and great food. Anthony Morreale of Tri-State Safety Solutions provided the latest on safety, DOT regulations, and an up-to-the-minute OSHA update. New member Doug Mingst of Ritchie Bros. educated the audience on “how to” and “real life” fleet evaluation. This is one meeting that you did not want to miss.

PATRONS

VISION STRONG MANAGEMENT GROUP Buddy Freund PO Box 166 Succasunna, NJ 07876 973-753-2800 buddy@govisionstrong.com govisionstrong.com Vision Strong Management Group provides full-service association management services for associations, foundations, societies, and trade organizations. Add your company name to our Patron Directory. Contact NJLICA Executive Director Buddy Freund at 973-630-7600 or buddy@govisionstrong.com.

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Our Services New Equipment Used Equipment Rental Next Day Parts & Road Service

Our Brands Construction, Forestry Experts in Road Building & Minerals

Walk Behind Loaders & Trenchers

Land Surveying

Road Maintenance

Low Boy & Easy Loader Trailers

Hydraulic Hammers & Compactors

Asphalt Pavers & Sweepers

Multi-Tip Dump Trucks

South Plainfield, NJ Fairfield, NJ Lumberton, NJ Beacon, NY Deer Park, NY Rosedale, MD Middletown, DE Shrewsuby, MA (800) 241-7070

www.jesco.us

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CONTACT US

HEY, YOU! Have a story idea? SEND IT! Got a great photo? SEND IT! Have some feedback for us? SEND IT! We are on the lookout for content. Promote your business by sponsoring an ad, or send us articles and photographs to be published in a future issue of The Underground. For more information on how you can be featured, contact: Buddy Freund NJLICA Executive Director 973-630-7600 buddy@govisionstrong.com

WRITE TO US! AD INDEX

COMPANY

PAGE NUMBER

Advance Tire 14 Brent Material Company

6

Bucket Supply & Equipment Parts

29

23

Power Patch 13 Prins Insurance 31 Ritchie Bros.

inside back

Cut Wright 34 DAG Onsite Crushing 30

Rue Insurance 44 Scheideler Excavating

19

Essco Truck & Equipment

7

Shotmeyer Brothers

10

Genova Burns 17

Sitework Estimating Consultants

back

Haskell Paving 33 JESCO 45 Lindabury, McCormick, Estabrook & Cooper, P.C.

3

NJLICA 22 North American Aggregates 46

Precision Hydraulic & Oil

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Tilcon inside front TLC4 Prevailing Wage

21

Tri-State Safety Solutions

12

World Insurance

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Your Trusted Global Equipment Marketplace Buy assets with confidence Sell assets with flexible solutions Make smart decisions with data-driven insights Manage assets with cutting-edge tools

Innovative tools, services, and solutions to help you buy, manage, and sell commercial assets. Learn more at rbauction.com or contact Doug Mingst, Regional Sales Manager 1-201-846-4695 | dmingst@ritchiebros.com FALL 2025

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NJLICA PO Box 166 Succasunna, NJ 07876

Quantity Takeoffs • Earthwork Takeoffs • Cost Estimating

LICA’s preferred estimator!

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Call SEC Today! 1-888-748-3975

WEBSITE

thesiteworkestimator.com info@siteworkest.com


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