THE
UNDERGROUND NJLICA’S TRIANNUAL PUBLICATION SUMMER 2026
Tailoring insurance for subcontractor liability, information on Brake Safety Week, and planning for retirement.
SUMMER 2026
1
Company-owned Dealer East
Komatsu Care
Sales Rentals Parts Service
Komatsu Care — more than maintenance. A smarter ownership experience. Komatsu Care programs are designed to help maximize machine uptime, reduce total cost of ownership and simplify equipment ownership throughout the machine lifecycle.
From complimentary scheduled maintenance on eligible new machines to flexible extended coverage options that include maintenance, repairs and consumables, Komatsu Care delivers support tailored to your operation. Backed by the Komatsu dealer network, these manufacturer-supported programs help keep equipment operating at peak performance while providing predictable costs and nationwide service support.
Discover more komatsu.com/KomatsuCare
With more than 100,000 machines serviced and millions of uptime hours delivered, Komatsu Care helps you protect your investment and focus on getting the job done. komatsustores.com | 877-Komatsu (877-566-2878)
Delaware | Laurel | Maryland | Baltimore | New Jersey | South Plainfield | Winslow | New York | Holbrook | Yonkers Pennsylvania | Frackville | Harrisburg | Hatfield | State College | Wilkes-Barre © 2026 Komatsu Ltd. or one of its subsidiaries. All rights reserved.
2
SUMMER 2026
Proudly Serving New York and New Jersey
esscoequipment.com
You Focus on Your Project.
We Handle the Equipment.
Full line of New Holland Construction equipment
Blaw-Knox pavers and screeds
THE SUPPORT THAT KEEPS YOUR MACHINES RUNNING Quick parts delivery for any make or model
In-house hydraulic hose shop
ATTACHMENTS
Certified, factory trained technicians
TRAILERS
Contact ESSCO today! 718-504-2600 info@esscoequipment.com
Highly responsive service, on-site or in our shops
Reliable, competitively priced rentals
AND MORE!
20 Kinsey Place Staten Island, NY 10303
Coming Soon!
1300 NJ-33 Farmingdale, NJ 07727
LETTERS NJLICA BOARD OF DIRECTORS
“What do I get out of it?” This is a question I hear over and over again as I speak with prospective members about membership with NJLICA. “What does my membership actually get me?” Some of the answers are very simple and straightforward. In the case of New Jersey, membership allows you to bid on, and perform, public work. Can’t do that without it — not in New Jersey. Membership allows you to sit it on webinars provided by industry professionals. These webinars keep you compliant, keep you educated on a variety of employment law topics, keeps you up to date on financial matters, tax changes, risk management concerns, estate planning, and a long list of topics that impact you and your business. This comes with your membership dues. Your membership enables you and your team to participate in safety training. It provides you access to a video library with over 800 safety videos in English and Spanish on a variety of safety topics. It gives you access to the LICA Portal, an endless resource of industry information, OSHA compliance, and safety programs that can be used as training talks, safety training, etc. Yup — included with your dues. Your membership dues allows you to come to dinner meetings, networking events, and other social gatherings. You can eat, drink, and be merry — every one, all year. This is all included with your membership. And of course, your membership allows you to take advantage of member benefits that will save you a significant amount of money:
Caterpillar Machine and Attachment Discount Program • GM Fleet Program – Exclusive Pricing • ConEquip – LICA Association Credit • And many more benefit programs “Okay, so let me get this straight. My dues are approximately 89 cents per day, and with that I can save up to $7,500 on my next GMC truck? I don’t think I need to call my accountant for that one.” But then comes the less obvious answer to, “What do I get out of it?” An opportunity. An opportunity to sit down next to someone who faces the same challenges that I do every day: labor, fuel, equipment, materials, rising costs, insurance, getting paid, and 100 more challenges. Perhaps they know something I don’t know. Perhaps they need what I do. Perhaps they know someone who needs what I do. I might develop a relationship where we can lean on each other. I have been in the executive director world for 12 years. And in that time, I have yet to see a business owner who attends association events with some regularity not increase their business. Not one! But I have seen plenty of business owners not renew their membership after never attending an event. You never know what you might get out of it until you put something into it! •
Buddy Freund Executive Director, NJLICA
Ron Garofalo, President DAG Mobile Aggregate Recycling, Inc. Mark Krutis, Vice President Tom Krutis Excavating, Inc. William J. Esposito, Historian Espo's Tree and Crane Service Jeff Bailey Haskell Paving, Inc. Frank C. Del Guercio Tilcon NY Warren Gonzalez Foley, Inc. Shelly Hewson Hewson Landscape, Inc. Frank Horan Hoffman Equipment Bob Manis Tilcon NY Joe Mayers Septic Experts, LLC Jeff Neary J.A. Neary Excavating John Rothberg L.N. Rothberg & Son Dave Vander Groef Wantage Excavating Co., Inc. Buddy Freund, Executive Director
4
SUMMER 2026
COVER PHOTO BY BUILT ROBOTICS, UNSPLASH; PHOTO PAGE 5 BY LACHLAN, UNSPLASH
FIELD GUIDE Safety Perspectives 8 Legally Speaking 8 Legislative News 11 Money Talks 13 Risk Management 21
CONTENTS
FEATURES Scholarship Recipients 30 NJLICA News 33
DISPATCHES New Members 40 Member Benefit 47 Event Recap 48 Upcoming Events 52 Advertiser’s Index 58
SUMMER 2026
5
when experience matters,
partner with those who share your vision providing innovative solutions to the construction industry since 1954 Construction, Contracting & Risk Management Labor & Employment Counseling
Business & Corporate Advisory Estate Planning & Wealth Management
Greg K. Vitali, Esq. gvitali@lindabury.com 908.233.6800
6
SUMMER 2026
because trust matters 430 Mountain Avenue, Suite 300, New Providence, NJ 07974 | lindabury.com
SUMMER 2026
7
SAFETY PERSPECTIVES
CVSA'S BREAK SAFETY WEEK SCHEDULED FOR AUGUST 23-29 The Commercial Vehicle Safety Alliance (CVSA) has announced August 23-29 as this year’s Brake Safety Week, a seven-day focused inspection and enforcement initiative designed to improve safety by ensuring commercial motor vehicles on our roadways are operating with properly maintained and functioning braking systems. Throughout that week, trained and certified inspectors in Canada, Mexico, and the U.S. will conduct routine commercial motor vehicle inspections, focusing on brake systems and components. Vehicles with brake-related out-of-service violations, or any other out-of-service violations, will be removed from roadways until those violations are corrected. In addition, inspectors will focus on drums and rotors, the emphasis for this year’s brake-safety initiative. Brake drum and rotor issues may affect a vehicle’s brake efficiency. Broken pieces of drums and rotors may become dislodged from the vehicle en route, damaging other vehicles or causing injuries or fatalities to the motoring public. During Brake Safety Week, inspectors will report data to CVSA about vehicle inspections and brake-related violations. CVSA will collect and analyze all submitted brake-related data and release the results later this year. By dedicating focused resources and attention to brake safety, CVSA aims to reduce violations, improve compliance, and make roadways safer for all users.
BY ANTHONY MORREALE
In addition to inspections, Brake Safety Week also emphasizes education and awareness. Inspectors and officials will engage with drivers, motor carriers, and mechanics to highlight the role that proactive vehicle maintenance plays in reducing crashes and saving lives. Motor carriers and drivers are encouraged to perform thorough pre- and post-trip inspections and ensure all brake components are in proper working condition before operating their vehicles. Brake Safety Week serves as an important reminder that safety is a shared responsibility among drivers, motor carriers, inspectors, and the broader transportation community. Brake Safety Week aims to improve commercial motor vehicle brake safety throughout North America. The goal is to eliminate roadway crashes by conducting roadside inspections and educating drivers, mechanics, large- and small-fleet motor carriers, owner-operators, and others on the importance of proper brake inspection, maintenance, and operation. Visit https://cvsa. org/news/2026-bsw-dates/ for more info. For assistance with your OSDOT and OSHA compliance, don’t hesitate to get in touch with Anthony Morreale, co-owner of Tri State Safety Solutions, at 732-551-3833, amorreale@tsss-nj.com, or visit our website, www.tsss-nj.com.
LEGALLY SPEAKING
Even without advance notice, employers can take meaningful steps now to be ready for a potential ICE workplace visit. The primary goals for employers are safety and consistency, not panic. While the circumstances may vary, thoughtful preparation can help employers respond calmly, consistently, and lawfully. So, what can an employer do to prepare? There are a few key considerations. First, employers would be well-served to develop a detailed plan of action for the different scenarios that may arise. That means establishing company policy — ideally in consultation with immigration counsel and any in-house counsel — and mak8
SUMMER 2026
BY GEORGE LOPEZ
ing key decisions before an enforcement encounter occurs, rather than under pressure in the heat of the moment. The key is to assemble a crisis management team and implement them into your escalation protocol. As part of that planning, it is important for employers to understand the limits of their discretion. When agents present a valid judicial warrant, employers do not have discretion to refuse entry into the non-public areas identified in the warrant and must allow access within its scope. Absent a judicial warrant, agents generally lack legal authority to access non-public areas. In those situations, an employer should decide in advance whether — and under what circumstances — it
PHOTO BY POP & ZEBRA; UNSPLASH
HOW EMPLOYERS CAN PREPARE FOR A POTENTIAL WORKPLACE VISIT BY IMMIGRATION AND CUSTOMS ENFORCEMENT
would consent to entry into certain non public areas or to other requested activity. Second, once a plan is in place, employers need to communicate it clearly to the individuals who need to know it. Employees should understand the chain of command and whom to contact if agents appear at a facility. Clear internal escalation protocols help ensure that questions and requests are routed appropriately. Third, employers should prepare front line employees, such as reception staff or security personnel, who are likely to have the first interaction with agents. They need to know their immediate action items, which typically include remaining calm and professional and asking agents to wait in a public area while a supervisor or manager is contacted. Finally, safety should always come first. Employers should avoid confrontation or physical interference, maintain a calm
workplace environment, and focus on the well being of everyone involved. Here at Littler, our Immigration and Global Mobility Practice Group is here to help you develop a thoughtful, legally sound plan of action. 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. Littler Mendelson is part of the international legal practice, Littler Global, which operates worldwide through a number of separate legal entities.
A BUSY 2026: NEW JERSEY'S FAMILY LEAVE ACT NOW APPLIES TO SMALLER EMPLOYERS, THE U.S. DOL REVISES THE SALARY TEST FOR OVERTIME EXEMPTIONS, AND THE N.J. DOL CODIFIES ITS EMPLOYEE MISCLASSIFICATION TEST
PHOTO BY TINGEY LAW FIRM, UNSPLASH
BY BRIGETTE N. EAGAN & PATRICK W. MCGOVERN The 2026 Amendments to the New Jersey Family Leave Act The New Jersey Family Leave Act (NJFLA) provides employees with 12 weeks of job protected leave every 24 months to bond with a newly born or adopted child and to care for a family member with a serious health condition. Since its enactment, the NJFLA has applied to employers with 30 or more employees. The NJFLA’s right to job-protected leave extends to employees who have worked for the employer for at least 12 months, and worked 1,000 hours for the employer prior to the need for leave. However, effective July 17, 2026 the NJFLA will apply to employers of 15 or more employees. Employees will be eligible for 12 weeks of job protected leave if they have been employed for at least three months (down from 12) and worked at least 250 hours (down from 1,000) in the 12-month period prior to the need for leave. The NJFLA will apply to even smaller employers beginning on July 17, 2027, when it will apply to employers of 10 or more employees, and on July 17, 2028, when it will apply to employers with at least five employees. With the new amendments, an employee who takes temporary disability or family leave insurance benefits must be restored to the position held before the leave, or to an equivalent position. The amendments create job protection where none existed before under the NJFLA. Even though the NJFLA does not provide leave to care for the employee’s serious health
condition, the amendments require job restoration to employees who take temporary disability or family leave insurance benefits based on the employee’s medical condition. Finally, the amendments allow the employee to choose the order in which earned sick leave and temporary disability or family leave insurance benefits are used. This means that an employee has the right to use these benefits in consecutive order, rather than concurrently. Changes to the Salary Test for Overtime Exemptions One federal and New Jersey requirement for a job to be treated as exempt from overtime pay requirements is that the position meet the minimum salary requirements. The other major requirement is that the position satisfy the exempt duties test. The main overtime exemptions are the executive, professional, administrative, and the highly compensated employee (HCE) exemptions. During the first Trump Administration, the U.S. Department of Labor raised the standard salary level for the first three exemptions from $455 per week to $684 per week, or $35,568 annually for a fullyear worker, and raised the HCE salary threshold from $100,000 to $107,432 annually. Those 2019 figures became effective on January 1, 2020. Fast forward to the Biden Administration and April 2024, when the DOL published a final rule that would have raised the minimum standard salary threshold for the EAP exemptions in two steps: first to $844 per week on SUMMER 2026
9
July 1, 2024, and then to $1,128 per week on January 1, 2025. It also would have increased the HCE salary threshold to $132,964 and to $151,164 on the same dates in 2024 and 2025. The 2024 DOL final salary rule quickly became the subject of multiple legal challenges — including two lawsuits filed in the U.S. District Court for the Eastern District Texas, and one lawsuit in U.S. District Court for the Northern District of Texas. In late 2024, the courts in both the Eastern District and the Northern District of Texas issued orders vacating the 2024 rule. Most recently, in early May 2026, the Fifth Circuit Court of Appeals considered and denied the appeals from the lower courts’ orders. In response to the Fifth Circuit’s decisions denying the appeals, in May 2026 the DOL revised its regulations to restore the pre-2024 salary basis amount of $684 per week. As a result, the 2019 salary threshold of $684 per week is once again the governing federal and New Jersey standard for the executive, administrative, and professional employee exemptions, while total annual compensation of $107,432 plus a salary of at least $684 is the current threshold for highly compensated employees. For employers, the bottom line is that job titles and job descriptions alone do not determine whether an employee or a position is exempt from overtime under the FLSA. What is determinative are the duties the job incumbent actually performs, paying the employee on a salaried basis, not hourly, and complying with the lower salary thresholds that are currently in effect — not the higher thresholds announced in the vacated 2024 rule. Keep in mind that the FLSA is just one regulatory scheme that may apply to your business. State wage-hour laws, state prevailing wage laws, and the federal Davis-Bacon Act may impose stricter standards for exemptions and higher minimum wage rates than the FLSA. Full compliance means considering all of these requirements. As just one example, 32 states have minimum wage rates higher than the federal minimum rate. The NJDOL’s 2026 Regulations on Employee Misclassification For New Jersey employers, like it or not, clarity is at hand over the test that the New Jersey Department of Labor (NJDOL), under the Governor Mikie Sherrill Administration, will apply to determine whether a worker is an employee as opposed to an independent contractor. On May 5, 2026, the New Jersey Department of Labor published a final rule codifying the so-called “ABC test,” which determines employee status under a host of New Jersey employment-related statutes. The ABC test has existed in various parts of New Jersey’s statutory framework, particularly its unemployment compensation law, for decades. Moreover, a New Jersey Supreme Court decision extended the ABC test to apply under numerous other state employment laws. What is new is the Department of Labor’s codification of the test in a formal rule. The rule takes effect Oct. 1, 2026. The ABC test makes it unlawful for a business to classify an employee — even a temporary, part-time, or seasonal worker — as a 1099 independent contractor if the worker does not meet all three prongs of the ABC test. In other words, all three prongs must be satisfied for a worker to be eligible for independent contractor status. Prong A requires that the worker be free from control or direction over the performance of his or her services, both in contract and in fact. This means the employer may not exercise control or reserve the right to control the worker’s performance. Even partial control over the worker’s trade or services may disqualify 10
SUMMER 2026
the worker from independent contractor status. Prong B asks whether the services performed by the worker are either outside the usual course of the employer’s business or are performed outside all of the employer’s places of business. Prong C requires that the worker be customarily engaged in an independently established trade, occupation, profession, or business. This means that the worker’s business must exist independently of the employer, and must be able to continue operating even after the relationship with the employer ends. If the worker is dependent on the employer and would join the ranks of the unemployed upon termination, Prong C is not satisfied. Overall, the ABC test presumes that a worker is an employee unless the employer can prove all three prongs. Misclassifying workers as independent contractors (i.e., when the ABC test is not met) exposes businesses to significant legal and financial liabilities, including fines, back taxes, delinquent unemployment contributions, an order to cease operations, and even personal liability on the part of the business’s officers. Given the final rule adopting the ABC test, New Jersey employers are on notice that this administration is serious about enforcing the laws regarding misclassification of employees. As you see, most of the changes to labor and employment laws are coming from federal and state agencies and the state legislature, not from Congress. We do not expect these roles to reverse any time soon. For over 30 years, Genova Burns has partnered with companies, businesses, trade organizations, and government entities on matters in New Jersey and the greater Northeast corridor between New York City and Washington, D.C.
UMBRELLA LIABILITY INSURANCE Clients often ask about ways to protect their assets and limit liability in the event of future creditors. Transferring assets to trusts, limited liability companies, or into the names of others (for example, a spouse or child) may work in some instances but all have their drawbacks. Some states allow a grantor to create a self-settled asset protection trust, which safeguards assets from creditors and keeps the assets available to the grantor. However, New Jersey law does not allow such trusts. Limited liability companies provide protection for legitimate business or income-producing endeavors, such as a rental property, but not for personal assets. And spouses may be liable for their partner’s debts in certain circumstances. What, then, can be done? One option to consider is purchasing umbrella liability insurance. An umbrella policy provides additional coverage beyond the limits of homeowners or auto insurance policies. An umbrella policy typically covers the following: • Personal injury • Property damage • Slander, defamation, or libel • Legal defense costs Umbrella insurance kicks in when the limits of your home or auto policies run out. For example, assume you get into a car accident and are sued. A judgment (or settlement) determines you are responsible to pay $1 million. Your auto insurance coverage policy is for $500,000. Once you pay the deductible, the insurance company would pay $500,000. The umbrella policy would cover the remaining $500,000. Without the umbrella policy, you would be personally responsible for that remaining amount. Typical umbrella policies may be purchased in an amount ranging from $1 million to $10 million, and the premiums are
BY ELIZABETH PETITE
relatively inexpensive. The amount you should purchase depends on your total assets and your existing policies’ limits. Businesses are also eligible to purchase umbrella insurance. Commercial umbrella policies are often purchased for up to $25 million in coverage to protect a business from expenses not covered by general liability and commercial auto policies in the event of a judgment or settlement. This could be the difference between continuing operations or being forced to go out of business. Umbrella insurance does not cover every situation. Typical exclusions include intentional or criminal acts and liability associated with contracts into which you have entered. It is important to read the terms of the policy to ensure that the protection you are purchasing is adequate for your situation. Some policies may also provide coverage if you are sued in your capacity as a director of a nonprofit organization or as the executor of an estate or trustee of a trust. Typically, people do not think about this risk when they accept the position of executor of an estate, and that could be a costly mistake. With the rise in blended families and when emotions are already on high alert after the death of a loved one, family squabbles often morph into lawsuits claiming mismanagement or negligence by the fiduciary. Umbrella insurance might offer some protection here, as could other types of insurance specifically designed for these roles. We recommend you consult your insurance agent and other advisors to determine whether umbrella liability insurance – and how much – is right to protect you and your family. Elizabeth Petite is the chairperson of Lindabury’s Wills, Trusts & Estates practice. She can be reached at 908.233.6800 or EPetite@Lindabury.com.
LEGISLATIVE NEWS
HIGHWAY REAUTHORIZATION TAKES CENTER STAGE Authorization for the federal surface transportation programs expires on Sept. 30, 2026. Passing a reauthorization before that deadline is important for states to continue their ongoing highway investment programs over the next five years uninterrupted and for the contractors that undertake the projects. Current authorization was accomplished as part of the Infrastructure Investment and Jobs Act (IIJA) passed in 2021 as part of a package of bills that were intended to help the U.S. economy recover quickly from the coronavirus pandemic. Out of concern that a recession could be imminent, Congress provided record funds for highway, transit, water, waste water, and other infrastructure programs. Maintaining those levels in the current budget and economic circumstances will be difficult. The Congressional Budget Office (CBO) projects that the Highway Trust Fund (HTF) will run a $340 billion deficit over the next 10 fiscal years. Following the expiration of the IIJA, the fiveyear outlook alone projects a revenue-to-spending gap of $166
BY BRIAN DEERY billion. The federal motor fuels tax on gasoline and diesel, as well as truck tire and heavy vehicle fees, are the primary sources of HTF revenue. The motor fuel and other user fees have not been raised since 1993. In addition, more fuel-efficient vehicles and a huge increase in the use of hybrid vehicles and electric vehicles have put a pinch on HTF revenue. The IIJA, and in fact the last several highway bills relied heavily on general fund revenue to support the lack of sufficient HTF resources. Relying on the availability of general fund revenue when the budget deficit in FY 2026 is projected to be $1.8 billion and the U.S. debt has increased to nearly $39 billion is a difficult prospect. While many members of Congress recognize the need for revenue enhancers, the current dramatic increase in gas and diesel prices make the prospects of an increase in the user fees even more difficult than during more stable times. Congressional committees of jurisdiction recognize the problems caused to states from the disruption and uncertainty SUMMER 2026
11
created when an authorization bill doesn’t get passed on time. In May, the House Transportation and Infrastructure Committee passed a five-year surface transportation reauthorization bill after a marathon 15-hour legislative markup session by a bipartisan vote of 62-2. The BUILD America 250 Act authorizes roughly $580 billion over fiscal year 2027 through FY 2031 for surface transportation programs. Highway funds would increase 3% over current levels, with slight yearly increases in the out years. In a change from where the program has been heading in the past several years, more than 90% of the proposed funding is directed at the core formula programs rather than through discretionary grants. The legislation modifies or eliminates several discretionary grant programs and, in some cases, rolls that money into formula programs. Remaining grant programs would not be funded out of the Highway Trust Fund but rather be subject to annual appropriations. A new discretionary grant program called the Surface Transportation Accelerator Grants (STAG) program would be created to provide $2.4 billion annually, with 50% of funding reserved for local and regional grants, 25% for rural grants, and 25% for urban grants. The measure recognizes the dismal state of the HTF and would provide the first revenue enhancement for the HTF since 1993. The bill requires states to collect $130 in annual registration fees on electric vehicles and $35 per year from plug-in hybrids, escalating biennially starting in 2029 and capped at $150 and $50 per year. These new user fees would raise just under $10 billion in the first five years and $29 billion over the first 10 years. The Senate seems to be waiting for the House to complete its bill, but the Environment and Public Works Committee has held a series of hearings and is currently drafting its version of the reauthorization.
12
SUMMER 2026
In a sign of what’s at stake for LICA members who work on highway projects or any of the peripheral construction opportunities that flow from that work, lack of a clean path forward is apparent. In response to the uncertainty about reauthorization, the House Appropriations Committee approved the FY 2027 transportation funding bill that would cut nearly $10.7 billion (10.4%) for highway construction below the FY 2026 levels. The measure advanced 34-27, with all Republicans supportive and all Democrats opposed. The appropriations bill is moving on a parallel track with the surface transportation reauthorization process. The approved appropriations proposal may serve as a place holder pending future funding levels in new authorization legislation; until an authorization is approved these lower levels may become the reality for FY 2027. LICA members need to be in contact with their senators and representatives to help them understand the ramifications from a lack of action on a highway reauthorization that at a minimum maintains IILA funding levels. Now is the time for action. Kicking the can down the road has real-world implications for state highway construction programs and for the contractors that undertake those projects. Brian Deery serves as the director of government relations for LICA.
MONEY TALKS
PHOTO PAGE 12 BY JOSHUA SUKOFF, UNSPLASH; PHOTO PAGE 13 BY DMITRY DEMIDKO; UNSPLASH
BUILDING A STRONGER COMPANY WITH FRINGE BENEFITS AND 401(K) PLANS Most contractors view prevailing wage fringe benefits as a compliance requirement. The most successful contractors view them as a compliance requirement and a business opportunity. A common approach is to pay all prevailing wage fringe benefits directly as cash wages. While that may seem simple, it often results in higher taxable payroll and misses an opportunity to provide employees with a valuable long-term benefit. By strategically directing eligible fringe dollars into a compliant retirement plan, contractors can transform a required expense into an investment in both their workforce and their business. In the majority of contractors we work with, directing eligible prevailing wage fringe dollars into a compliant retirement plan has helped them: • Reduce taxable payroll by shifting eligible fringe dollars from wages into a qualified retirement benefit. • Lower workers’ compensation costs by reducing payroll that may be included in premium calculations. • Lower general liability costs when payroll is used as a rating factor by insurance carriers. • Build meaningful retirement savings for employees using dollars that are already required under prevailing wage regulations. • Improve employee retention and loyalty by offering a valuable long-term benefit that employees can build throughout their careers. • Create consistency between prevailing wage and non-prevailing wage employees through one retirement program for the entire workforce. • Become more competitive when bidding public work projects by helping control labor-related costs while maintaining compliance. Today’s construction workforce is looking for more than just a paycheck. Employees increasingly value employers who invest in their future. Contractors across the country continue to face challenges attracting skilled workers and retaining experienced employees. A strong retirement plan can help set a company apart from its competitors while demonstrating a commitment to employees’ long-term financial well-being. In addition to the workforce advantages, retirement plans funded with eligible fringe dollars can help contractors make better use of money that is already being spent to satisfy prevailing wage requirements. Rather than viewing fringe benefits solely as a compliance obligation, contractors can use them strategically to support business goals, strengthen employee benefits, and improve overall operational efficiency. As labor costs continue to rise and competition for skilled
BY TRACY CARVER workers remains strong, contractors are looking for ways to gain an edge. Strategic use of prevailing wage fringe benefits can help strengthen a company’s workforce, improve employee satisfaction, and support long-term business growth. Prevailing wage fringe benefits are more than a compliance requirement. When used strategically, they can become a powerful tool for building a stronger workforce, a stronger retirement program, and ultimately a stronger company. Tracy Carver is the owner of TLC4 Prevailing Wage, a company specializing in the design and administration of compliant 401(k) retirement plans for contractors. TLC4 Prevailing Wage helps contractors maximize the value of prevailing wage fringe benefits while remaining compliant and also provides retirement plan solutions for contractors working exclusively in the private sector. Since 2008, Tracy has helped contractors reduce payroll-related costs, enhance employee benefits, and build stronger businesses through strategic retirement plan design. For more information, visit www.tlc4prevailingwage.com or contact Tracy at tcarver@ tlc4prevailingwage.com.
SUMMER 2026
13
WHAT'S REALLY HAPPENING BEHIND THE SCENES IN BUSINESS BANKING (AND WHY IT MATTERS TO YOU) As business owners, you’re constantly navigating change — whether it’s managing cash flow, hiring talent, or scaling your operations. What many don’t see, however, is what’s happening behind the curtain in the banking world—and how those shifts are quietly shaping your access to capital, security, and growth opportunities. So let’s talk about the “inside scoop” — the things your banker may not always say out loud, but that directly impact your business. Access to capital is still strong — but scrutiny is higher. Banks are still lending, and capital is available for growth, expansion, equipment, real estate, and working capital. However, lenders are placing heavier emphasis on consistent cash flow, clean financials, industry outlook, and credit quality. Preparation is everything. Relationship banking is making a comeback. Banks are prioritizing clients they know, understand, and trust. Strong relationships can lead to faster decisions, flexibility, and more tailored solutions when timing matters most.
Scheideler Excavating Co.
BY BEATRIZ YANEZ
Fraud is the fastest-growing threat to your business. Fraud is becoming more sophisticated, with increases in email compromise, ACH and wire fraud, and check fraud. Protective measures like dual approvals, Positive Pay, ACH filters, and employee training are critical. Cash-flow strategy is more important than ever. With elevated interest rates, how you manage cash matters more than ever. Optimizing account structures and strategically using lines of credit can improve your bottom line. Opportunities still exist — for those who are proactive. Businesses that plan ahead, stay informed, and build strong advisory teams are still growing and succeeding despite economic uncertainty. Final Thought: In today’s environment, the businesses that stay informed and proactive are the ones that continue to grow. Having the right financial strategy—and the right partner—can make all the difference. If you ever want to talk through your current setup or explore what opportunities might exist for your business, I’m always happy to be a resource and a sounding board. Beatriz Yanez is the vice president of business banking at Citizens Bank. You can contact her at 908-397-0842 or beatriz.yanez@ citizensbank.com.
Para leer este articulo en espanol, escanee el codigo QR a continuacion. To read this article in Spanish, scan the QR code below.
14
SUMMER 2026
A SIMPLE WAY TO ADD CASH TO YOUR WALLET I have had the recent privilege of joining a well-respected notfor-profit board here in Westchester, and I was immediately assigned to the finance committee. My first task was to review the organization’s banking and investment statements. I noticed cash in different accounts, like so many organizations and individuals. I also noticed quite a significant range of interest rates paid out by our bank. Some cash was earning less than 1/2% (50 basis points) and cash in other accounts was paying in excess of 5% (500 basis points). I would like to say that I was surprised, but after 37 years in this industry nothing really surprises me when it comes to banks. Where I was surprised was how difficult it has been to get our bankers to simply pay our organization what it deserves: the market rate on our cash, which is the genesis of my writing this article. Remember that banks and their deposit holders often have competing interests. When banks pay less interest, they improve their profitability. It is really that simple, which is why you should be proactive when managing all aspects of your finances, including your cash and liquidity. Truth be told, interest rates have been so low for the past 15 years (since the financial crisis in 2008-2009) this really has not been a discussion point, but since the federal funds rate now sits at 3.5%, many short-term financial instruments are paying interest of 3.5% - 4%. Ok, I get it. I am telling you that you might be able to earn more interest on your cash and liquidity accounts than you are currently receiving: So, what do you do now?
BY BARRY P. MITCHELL, JR. think it is not worth the time. Please do not lose sight that you may not be receiving the interest you deserve, and this can be a key component of your strategy for optimizing financial health. This requires a proactive and informed approach. By carefully selecting the optimal type of accounts, considering the alternative options, and staying abreast of market changes you will improve the probability of enhanced returns on your cash and liquidity holdings. Finally, regularly reassess your strategy to align with your financial goals and liquidity needs. Disclosure: Next Level Private LLC is a registered investment advisor. This commentary is for informational and educational purposes only. Next Level Private renders investment advice on a personalized basis, only after gaining a full understanding of a clients, goals and financial situation. Please contact us with any questions you may have. If you have any questions, please do not hesitate to contact Gary Raniolo at 914-431-5261 or garyraniolo@nxtprivate.com.
1. Do your homework, to understand the difference between checking accounts, savings accounts, demand deposits, bank reserve accounts, money markets, certificates of deposit, T-bills, and other short-term interest-bearing investment options. 2. Know the market. Search online and check with competing banks to see what a competitive market rate would be for different types of accounts. Some banks in your area may be offering shortterm promotions. 3. Have a conversation with your banker or account relationship manager to help educate you on what you are currently being paid on your cash and negotiate with them to try to enhance your yield or payout. The squeaky wheel… 4. Stay mindful of all fees that are associated with different kinds of accounts and investments. Remember, some might not be all that obvious. These fees would ultimately lower your return and payout.
929-477-9511 www.prestigejetvacservices.com
Model 900 ECO Combination Sewer Cleaner utilizes proven technologies to deliver a machine with simplicity that is unequaled in the industry. • 1300 GAL MAIN WATER TANK CAPACITY • 4400 CFM BLOWER • 12 CUBIC YD (2500 GAL) CAPACITY DEBRIS TANK • 80 GPM @2500 PSI WATER PUMP - SEWER CLEANING
- CATCH BASIN AND MANHOLE MAINTENANCE
SCAN TO LEARN MORE - HYDRO EXCAVATION
5. If you are still a bit puzzled on how to enhance the interest you receive on your cash, reach out and speak to someone who can educate you and advocate for you to help increase the income you earn. Preferably look for a fiduciary, as they are legally bound to act in your best interest. Your bank is probably not a fiduciary when it involves your cash. In conclusion, ensuring that your bank is paying you a market rate on your cash can be extremely confusing and many SUMMER 2026
15
FOCUS ON CASH FLOW IN THE LAND IMPROVEMENT INDUSTRY Focusing specifically on the land improvement industry (excavation, heavy civil, grading, land clearing, and large-scale commercial landscaping) changes cash flow dynamically for NJLICA members. Unlike smaller professional services, land improvement projects require heavy upfront mobilization costs, expensive equipment fuel/rentals, material drops (soil, gravel, drainage, pipe), and are highly susceptible to weather delays and site-condition disputes. Here are some ideas to assist you in adapting to those core payment methods which will protect your heavy equipment and land improvement business and your legacy: Up-front payments (mobilization fees) In land improvement, you should rarely start an engine without an upfront deposit. • The strategy: Structure the initial deposit specifically as a mobilization fee. This covers the cost of transporting heavy machinery (excavators, dozers) to the site, securing initial permits, and dropping early materials (like geotextile fabric or culverts). • The reality: A standard 10% deposit might not cut it if you have high initial material costs. Aim for 20% to 33% upfront for residential and private commercial jobs to ensure you aren›t financing the client›s site prep out of your own pocket. Mixed methods via draw schedules (milestone billing) Because land improvement happens in distinct physical phases, your billing should reflect those visual milestones rather than arbitrary calendar dates. • The structure: Instead of a generic structure, use a phase-completion draw schedule. For example: • 30% mobilization/site prep and clearing • 30% rough grading and major excavation/ drainage installation • 30% fine grading/final material install • 10% final walkthrough and retainage release • The benefit: Property owners can visually see the progress (e.g., the hillside is cleared and the retention pond is dug), making them much more comfortable releasing your next tier of funding. Bulletproof contracts (the changed conditions clause) The dirt world is unpredictable. You might quote a clearing job only to uncover some massive buried boulders, a ledge rock, or a surprisingly high-water table. • The Strategy: Your contracts need explicit dispute resolution and unforeseen site conditions clauses. • Crucial land feature: State clearly that your price is based on ordinary soil conditions and that hitting rock, hazardous materials, or underground utilities not marked by 811 will trigger an automatic change order and a pause in work until additional funds are approved and paid. • The right to stop work: Include a clause stating you have the right to shut down machinery and stop work if 16
SUMMER 2026
BY VITO MAZZA a milestone payment is more than X days late, with the client covering the remobilization fee to start back up.
Penalties, interest, and mechanic’s liens Late fees hit differently when your overhead includes a $5,000-a-month equipment lease payment. • The strategy: Clearly state on every estimate and contract that late payments accrue interest (typically to per month). • The ultimate leverage: Protect your right to file a mechanic’s lien. Land improvement permanently alters and increases the value of the real estate. If a developer or homeowner refuses to pay for excavation or clearing, a mechanic’s lien clouds the property title, preventing them from selling it, getting a certificate of occupancy, or securing a permanent mortgage. Always send a preliminary notice if required by your state to preserve this right. Build rapport with general contractors and developers If you operate as a subcontractor for general contractors (GCs) or civil developers, relationship management is everything. • The strategy: Maintain tight communication with the GC›s project manager and superintendent. If weather halts your grading operations for three days, document it, communicate it immediately, and adjust the billing cycle transparently. • Watch out for pay-when-paid or pay-if-paid clauses in commercial B2B contracts. Negotiate these out if possible, ensuring your payment is tied to your completed work scope, not whether the master developer is dragging their feet with the GC. Our name comes from KIN: family; NUM: numbers. Family before numbers, people before profits. Contact Vito Mazza, cash flow strategist, at 201-446-4072, vito.mazza@kinum.com, or visit http://www.Kinum.com/vito-mazza.
A ROCK-SOLID RETIREMENT: WHY THE BIGGEST RETIREMENT RISK FOR CONTRACTORS ISN'T THE MARKET — IT'S FAILING TO PLAN I thought I’d share a story about a conversation I had with a client not too long ago. To protect his privacy, we’ll call him Joe. Joe had spent nearly 40 years building his excavation business. Like many contractors, he started with a used piece of equipment, an old pickup truck, and a dream of owning something he could someday pass on to his family. There were years when he worked six days a week, left the house before sunrise, and didn’t get home until long after dinner. He missed Little League games, postponed vacations, and poured nearly every extra dollar back into the business. Slowly but surely, the hard work paid off. The company grew. The equipment got newer. The projects got larger. He built a loyal team, earned the trust of customers, and created a business that provided a wonderful life for his family and meaningful careers for his employees. By every measure, Joe was successful. When Joe came into my office, he wasn’t looking for stock tips or the next hot investment. He wanted to talk about retirement. He leaned back in his chair, smiled, and said, “Mike, I think I’m finally ready.”
BY MIKE GUARINO
I smiled back and asked what I thought was a simple question. “Joe, what do you think your business is worth?” Without hesitation, he gave me a number. It was a healthy number — and one he had every reason to be proud of. Then I asked him a second question. “Joe, how much of that do you think you’ll actually keep?” The smile disappeared. The room became quiet. Like many business owners, Joe had spent decades thinking about what his business was worth. But he had never really thought about what it would be worth after taxes, transaction costs, legal fees, accounting expenses, and the other costs that often accompany the sale of a business. That conversation changed the direction of our meeting. This is a hypothetical situation based on real life examples. Names and circumstances have been changed. The opinions voiced in this material are for general information only and are not intended to provide specific advice or recommendations for any individual.
Retirement isn’t about what your business is worth. It’s about what your business is worth to you after everything is said and done. For many contractors, their business represents the largest asset they’ll ever own. It’s the result of decades of sacrifice, risk, long hours, and countless decisions made under pressure. But when it’s time to retire, the value of that business has to accomplish something new. It has to replace your paycheck. It has to support your lifestyle. It has to provide confidence for your spouse and family. And it has to do all of that after taxes. That’s why retirement planning isn’t simply about maximizing the value of your business. It’s about maximizing what you keep. Taxes can quietly become your largest expense. Most contractors understand the cost of labor. They understand the cost of materials. They understand equipment, fuel, insurance, and overhead. Yet many are surprised to learn that taxes may become one of the largest expenses they’ll ever pay. I’ve seen owners spend 40 years building an exceptional company but less than 40 minutes thinking about the tax consequences of eventually selling it. The truth is, good tax planning isn’t about avoiding taxes; it’s about avoiding unnecessary taxes. There is a significant difference. The earlier planning begins, the more opportunities may be available to structure a transition efficiently, coordinate with your CPA and attorney, and potentially preserve more of what you’ve worked so hard to build. Retirement is more than a financial transaction. As Joe and I continued talking, I realized he wasn’t worried only about money; he was worried about his employees. He wondered what would happen to customers who had trusted him for years. He hoped his family would be financially independent. He wasn’t just selling equipment or signing paperwork. He was closing one of the most meaningful chapters of his life. That’s something every contractor understands. Your business becomes part of your identity, and walking away isn’t simply a financial decision; it’s an emotional one. The best time to plan is before you need to. One of the biggest mistakes I see is waiting too long. Owners often tell me they’ll think about retirement in two or three years. The problem is that many of the best planning opportunities happen five, seven, or even 10 years before retirement. That’s when you have time to strengthen the business, prepare future leadership, evaluate succession options, coordinate tax strategies, and create a plan that reflects your personal goals, not someone else’s timeline. Planning early doesn’t mean retiring early. It means having choices. Joe left with something more valuable than answers. By the end of our meeting, Joe hadn’t signed paperwork to sell his business. He hadn’t picked a retirement date. He hadn’t even decided who might eventually take over the company. But he left with something far more valuable. He left with a plan. For the first time, he understood that retirement wasn’t an event waiting for him at the end of his career. It was a process he could begin building today. That gave him confidence. A rock-solid retirement Every successful construction project begins with careful planning long before the first shovel ever breaks ground. Retirement 18
SUMMER 2026
is no different. After spending a lifetime building your business, your focus shouldn’t be solely on what someone is willing to pay for it. It should also be about what your family will ultimately keep, how your retirement will be funded, and whether the wealth you’ve created can provide the freedom you’ve worked so hard to achieve. You’ve spent decades building a rock-solid business. Your retirement deserves the very same foundation. Mike Guarino, founder of Granite Wealth Partners, specializes in helping contractors turn profitable years into lasting financial security. By coordinating financial planning, tax strategy, and investment management, he helps business owners build stability that holds up in both busy seasons and slow ones. Granite Wealth Partners and LPL Financial do not provide legal advice or tax services. Please consult your legal advisor or tax advisor regarding your specific situation. This material is for general information and educational purposes only and is not intended to provide specific advice or recommendations for any individual. Investment Advice offered through Private Advisor Group, a Registered Investment Advisor. Private Advisor Group and Granite Wealth Partners are separate entities from LPL Financial. Securities offered through LPL Financial Member FINRA/SIPC If you have any questions, please do not hesitate to contact Mike Guarino at 973-625-1112 ext. 3 or mike@granitewp.com.
build it right.
protect it right. Your business deserves the same careful planning as your job sites. The right estate plan secures ownership and keeps control where it belongs. Elizabeth Petite, Esq. Chair-Wills, Trusts & Estates Practice epetite@lindabury.com 908.233.6800 | lindabury.com
because trust matters 430 Mountain Avenue, Suite 300, New Providence, NJ 07974
WALKING THE FINE LINE BETWEEN EMBRACING TECHNOLOGY AND AVOIDING STAFF BURNOUT For many contractors, adopting new technology can feel like running a race with no finish line. Mile after mile, companies push forward, fearing they will fall behind competitors in productivity, see shrinking margins, or lose control of cash flow. In haste, companies begin implementing every new piece of technology they’ve read about, overheard in a lunch meeting, or learned about at a conference. Technology is everywhere, and the call to implement it as quickly as possible tends to be loud, driven by the promise that the finish line is in sight. As a result, many companies fail to assess their staff’s ability to embrace, manage, and effectively use technology, leading to resistance, disengagement, errors, and ultimately burnout. This, in turn, leaves organizations with poorly implemented technology and high employee turnover. How do we Find the Right Balance? Companies often find themselves trapped in a cycle: they are already behind in implementing new technology, which limits their ability to compete. Yet every attempt to implement new technology leaves the team burnt out, frustrated, and rarely seeing the intended benefits. In response, companies implement even more technology, believing it will ease the burden on the team and improve profitability. Instead, they encounter greater resistance, turnover, rising costs, and little benefit to the bottom line. While the intentions are good, a disconnect begins to form between the project and the employees. That fracture grows quietly over time until it becomes too large to ignore, often too far down the path to turn around. In my experience, the solution is not to move faster or push harder without a plan. It is to slow down, learn from past mistakes, and stick to a thoughtful plan that prioritizes both execution and ensures team buy-in for the future. I.T. HELPS One way to balance people and technology is to follow a simple mnemonic: I.T. HELPS • Identify the “Why” • Triage for importance • Homework before starting • Extra time built in • Leadership from within • Progress over perfection • Specialization through training I.T. HELPS ensure we move with purpose; prioritizing effectively, planning intentionally, empowering people, and driving sustainable progress without burnout. Identify the “Why” Identifying the “why” is the first step in ensuring a technology project delivers real value rather than unnecessary headaches for your team. Providing a clear, well-defined purpose helps identify where the company can benefit most, aligns teams around a shared objective, and prevents efforts from shifting into low-impact work. It also provides a means of decision-making, making it easier to prioritize what matters and avoid overextending re-
BY STEPHEN ANTENUCCI
sources. When the “why” is well understood, it generates stronger buy-in and engagement because staff can connect their work to meaningful outcomes, even if that outcome is as simple as an easier workload. A clear purpose reduces wasted effort, removes confusion, supports better planning, and lays the foundation for sustainable, successful implementations. Triage for Importance Triage for importance ensures that effort is directed toward the work that delivers the greatest value. Available resources are limited, and not all projects or tasks carry equal importance. Prioritizing based on business impact and urgency helps prevent teams from becoming overwhelmed. This approach enables smarter allocation of time and resources, focusing attention on high-value results rather than low-priority activities. It also creates clarity for the end users, reinforcing what truly matters and what can wait. Effective triage protects teams from burnout by keeping workloads purposeful and manageable. Homework before Starting Investing time in preparation before starting ensures that projects are built on understanding rather than rushed execution. Taking the time to assess requirements, timelines, dependencies, and potential risks helps teams avoid running before they can walk. This upfront effort reduces rework, prevents poorly structured solutions, and creates a clearer path forward. It also allows organizations to anticipate challenges and build realistic plans instead of reacting to issues as they arise. Part of the preparation should include contingency plans in the event a project must be halted or even cancelled because the solution no longer fits with the “why.” Doing the homework sets the foundation for smoother execution and more sustainable success. Extra Time Built In Building in extra time is essential for maintaining a realistic pace in any implementation. Projects rarely go exactly as planned, so accounting for learning curves, unexpected challenges, and unknowns helps prevent unnecessary stress on teams. Time buffers allow for thoughtful problem-solving rather than rushed, reactive decisions that can lead to errors or rework. They also create space for flexibility and continuous improvement, ultimately leading to better outcomes. By planning for additional time, organizations can deliver results without pushing teams toward burnout. Leadership from Within Leadership from within empowers the people closest to the work to guide and influence the project. When team members step into leadership roles, they bring practical experience, credibility with their peers, and a deeper understanding of day-to-day challenges. This approach encourages ownership and accountability, increasing the likelihood of successful implementation. It also builds confidence, reduces the need for external SUMMER 2026
19
direction, and strengthens the organization over time. Developing internal leaders and holding them accountable for the project success helps ensure that change is sustainable and supported by those responsible for carrying it forward. Management should act as a mentor to the team leader, providing the support and guidance needed to manage staff, project timelines, and company assets. Progress over Perfection Progress over perfection emphasizes moving forward rather than getting stalled in the pursuit of perfection. In technology implementations, striving for perfection can lead to delays, over-analysis, and missed opportunities to deliver value where it matters most. Focusing on progress encourages teams to adapt, learn from real-world feedback, and continuously improve. This approach builds momentum, keeps staff engaged, and reduces pressure to get everything right the first time. It works hand in hand with triage for importance, as even partial solutions to major obstacles can generate momentum and motivate teams to push ahead when new obstacles arise. Specialization Through Training Specialization through training guarantees that team members have the skills and confidence needed to master any technology initiatives. By investing in targeted training, organizations enable
20
SUMMER 2026
staff to deepen their knowledge rather than spreading themselves too thin across unfamiliar areas. This improves both the quality and efficiency of work while reducing frustration and burnout caused by uncertainty. Training should be tailored to the individual, whether through books, videos, in-person classes, or on-the-job training, and should give employees enough time to build confidence using the new tools in their daily work. Without a structured approach to training, organizations risk having technology initiatives abandoned as staff revert to familiar processes. The Bottom Line Across all industries and project types, people and technology remain the two biggest factors for success. By following this simple mnemonic, companies can move forward with technology without sacrificing the team they have built over time. When both are prioritized, organizations can embrace progress without sacrificing their people. In doing so, they can finally begin to see a clear finish line ahead. If you have any questions or need assistance, Smolin is here to help. Please do not hesitate to contact a Smolin professional at 973-439-7200.
RISK MANAGEMENT
TAILORING INSURANCE COVERAGE, PART 2: PROTECTION THROUGH SUBCONTRACTOR LIABILITY In part one of this series, we discussed the importance of using commercial general liability (CGL) terminology instead of public liability, and outlined other essential insurance coverages to consider in your program. These include core coverages such as business auto liability, workers compensation/employers liability, and umbrella/excess liability. Depending on the nature of the job, additional coverages like environmental liability, professional liability, and privacy/network security liability may also be necessary. This article focuses on tailoring insurance coverage to protect your business from coverage gaps arising from your subcontractors’ commercial general liability policies. Specifically, it addresses what you should request to ensure adequate protection. Additional Insureds While your business may carry its own CGL coverage, being add-
BY SCOTT T. HARRIGAN & DAVID CONCODORA
ed as an additional insured on your subcontractor’s policy provides an extra layer of protection against their negligent actions that result in bodily injury or property damage. For example, if a third-party trips over lumber left by your framing contractor on a construction site, they may sue you — even though you weren’t responsible for the hazard. If your contract requires the subcontractor to name you as an additional insured, their insurance carrier should cover the claim against you stemming from the subcontractor’s negligence. However, it’s not enough to simply request additional insured status. There are two distinct liability periods to consider: ongoing operations (while the job is in progress) and completed operations (after the job is finished). To ensure full coverage, specify that you are to be listed as an additional insured for both ongoing and completed operations under the subcontractor’s CGL policy. Being explicit is crucial. In one case, a general contractor SUMMER 2026
21
hired a subcontractor to build a deck. Six months after completion, the deck steps collapsed due to defective wood. The general contractor was sued and sought coverage under the subcontractor’s policy. Although the contract required additional insured status, it did not specify coverage for completed operations. The court sided with the insurance carrier, denying the claim. To avoid such outcomes, clearly state: “Subcontractor must include general contractor as an additional insured for ongoing and completed operations under the commercial general liability policy.” Additional Insureds: Completed Operations It’s also important to define the duration of completed operations coverage. Recommended durations range from three to five years after the subcontractor’s work is put to its intended use or after final payment. Alternatively, coverage could align with the statute of repose in the jurisdiction where the project is located. Primary and Noncontributory Coverage Once you’ve secured proper additional insured status, ensure the subcontractor’s policy is primary and noncontributory. This means their insurance pays first in the event of a claim, before your own policy is tapped, and won’t seek contribution from your insurance policy. Without this provision, both policies may share the cost, potentially affecting your coverage limits. To prevent this, include language stating that the subcontractor’s CGL policy is primary and noncontributory to any other insurance available to you as a named insured.
noncontributory to any other insurance available to you as a named insured. 4. Require a waiver of subrogation endorsement, in your favor, in the subcontractor’s CGL policy. In Part III of this series, we’ll elevate these insurance requirements from good to great by incorporating more specific provisions. Scott T. Harrigan (CIC, CRM, CCIC), currently at Rue Insurance, has over 30 years of experience in the insurance industry. He creates comprehensive insurance and risk management portfolios for clients. In addition to creating portfolios, he enjoys writing and teaching about various insurance coverages and risk management topics. Scott is an active member of the Rue Insurance Educational Team, providing continuing education classes to Rue Insurance professionals on an annual basis. David Concodora (CIC, CRIS, AAI), a risk management consultant, joined Rue Insurance in 2011. David 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). David takes great pride in partnering with his clients to provide effective insurance and risk management solutions.
Summary To recap, here are the key insurance requirements to include in your subcontractor agreements: 1. Require that your company be listed as an additional insured for both ongoing and completed operations under the subcontractor’s commercial general liability policy. 2. Specify that completed operations coverage must extend for a specified number of years after the subcontractor’s work is put to its intended use or after final payment, or align with the statute of repose in the project’s jurisdiction. 3. Ensure the subcontractor’s CGL policy is primary and
22
SUMMER 2026
PHOTO BY LOIC LERAY, UNSPLASH
Waiver of Subrogation Even with the right endorsements, there’s one more safeguard: a waiver of subrogation. Subrogation allows an insurer to recover costs from a third party responsible for a loss. If your subcontractor’s insurer pays a claim, they may seek reimbursement from you — especially if you contributed to the incident. To prevent this, require a waiver of subrogation in your insurance terms. Most reputable insurers will provide this endorsement, but you must explicitly request it.
DISABILITY ACCOMODATION: PROTECTING YOUR EMPLOYEES AND YOUR BUSINESS As a New Jersey business owner, you have a lot on your plate. One area that deserves special attention is your responsibility to accommodate employees with disabilities. Many employers are surprised to learn that the New Jersey Law Against Discrimination (NJLAD) applies to every employer, regardless of size. That means the moment you hire your first employee, your business could face a discrimination claim if accommodation requests are not handled properly. The good news? With the right processes and insurance protection in place, you can significantly reduce your risk. Building Your Best Defense If an employee alleges that you failed to accommodate a disability, your strongest defense is demonstrating that you acted in good faith throughout the process. 1. Document the Interactive Process One of the most common mistakes employers make is denying a request too quickly. When an employee requests an accommodation, engage in an open dialogue to explore possible solutions. Keep detailed records of: • Meetings and conversations • Emails and correspondence • Accommodation options discussed • Reasons for decisions made Even if the requested accommodation ultimately isn’t feasible, showing that you actively participated in the process can help defend against claims that you failed to engage. 2. Maintain Accurate Job Descriptions Clearly defined job descriptions are essential. Identify and document the essential functions of each position. For example, if driving is a fundamental requirement including maintaining a clean motor vehicle record for their job duties, that responsibility should be clearly stated. When essential job functions are well documented, it becomes easier to demonstrate why certain accommodations may not be reasonable. 3. Be Prepared to Demonstrate “Undue Hardship” to your business. If an accommodation would create significant financial or operational challenges, simply stating to your employee it is “too expensive” is not enough. Be prepared to show: • The actual cost of the accommodation • Your company’s overall financial resources • The impact on business operations Objective documentation can help support an undue hardship defense if needed. Why Employment Practices Liability Insurance (EPLI) Matters Even when employers do everything correctly, employmentrelated claims can still arise. Many business owners assume their
BY RICHARD GAYNOR & DAVID GAYNOR
general liability or workers compensation policy will respond to these situations. In most cases, it will not. That’s where employment practices liability insurance (EPLI) becomes an important part of your risk management strategy.
EPLI Helps Cover: Legal Defense Costs Defending a discrimination or failure-to-accommodate claim can cost tens of thousands of dollars — even if you ultimately prevail. EPLI helps pay for experienced employment defense attorneys and related legal expenses. Settlements and Judgments If a settlement is recommended or a court finds your business liable, EPLI can help cover settlements and judgments up to policy limits. Risk Management Resources Many EPLI carriers provide valuable resources such as: • HR consultation services • Employment law hotlines • Sample policies and procedures • Training materials for managers These tools can help resolve issues before they become lawsuits. Don’t overlook wage and hour exposures One area many employers don’t realize exists is the gap in standard EPLI coverage. Most basic EPLI policies are designed to address claims involving: • Discrimination • Harassment • Wrongful termination • Retaliation However, many policies exclude claims related to wage and hour laws, including the Fair Labor Standards Act (FLSA) and New Jersey wage regulations. Without a wage and hour endorsement or specialized coverage, employers may have to pay defense costs themselves for allegations involving: • Unpaid overtime: employees may claim they worked off the clock, through meal breaks, or outside scheduled hours • Employee misclassification: claims can arise if workers are incorrectly classified as exempt from overtime requirements. • Minimum wage violations: pay errors associated with missed time, leave, or accommodation-related scheduling adjustments can trigger wage-related claims. Why This Matters in New Jersey New Jersey is widely recognized as a plaintiff-friendly state when it comes to employment litigation. Under NJLAD, employers found liable may face: • Compensatory damages SUMMER 2026
23
• Punitive damages • Payment of the employee’s attorney fees Adding to the challenge, employees are constantly exposed to advertising encouraging them to pursue legal action if they believe they’ve been discriminated against or treated unfairly. A single employment claim can create a significant financial burden for an uninsured business. The Bottom Line The best protection is a combination of strong employment practices and the right insurance coverage. By documenting employee accommodation requests, maintaining accurate job descriptions,
BRIGETTE EAGAN, ESQ. PATRICK W. MCGOVERN, ESQ.
engaging in a good-faith interactive process, and carrying appropriate EPLI coverage, business owners can better protect both their employees and their company’s financial future. Don’t forget to ask for EPLI coverage or whether your policy includes wage and hour protection. Have a question? We’re happy to help. Middleton & Company Insurance is an insurance advisor for many trade and business associations. The company provides informative, relevant, and cost-effective business insurance protection.
NOW YOU
KNOW
At the intersection of Law, Business and Government
NEWARK • NEW YORK • JERSEY CITY • MEDIA • BASKING RIDGE GENOVA BURNS LLC • WWW.GENOVABURNS.COM
WHAT LIES BENEATH: POLLUTION, SAFETY, AND RISK IN DIRT WORK For dirt contractors, risk doesnʼt stop at the surface, it starts there. From excavation and grading to utility work and site development, todayʼs contractors operate in environments where environmental exposure, safety hazards, and contractual risk are closely intertwined. While many of these risks are considered part of the job, the financial impact when something goes wrong can be significant and in some cases, business altering. Understanding how pollution exposure, jobsite safety, and insurance coverage intersect is critical for contractors working in the dirt.
POLLUTION EXPOSURE: IT’S NOT JUST FOR “HAZMAT” JOBS A common misconception in the industry is that pollution risk only applies to large-scale environmental or hazardous material projects. In reality, everyday dirt work can create pollution exposures in ways that arenʼt always obvious. Consider the following scenarios: ●
Excavating on a site with previous industrial use, where contaminated soil is disturbed
●
Fuel or hydraulic fluid leaks from equipment on a jobsite
●
Stormwater runoff carrying sediment into nearby waterways
●
Improper handling or disposal of spoils or fill material
In many of these cases, contractors can be held responsible for cleanup costs, third-party property damage, and even regulatory fines, regardless of intent. What surprises many contractors is that standard general liability policies often contain pollution exclusions, leaving these exposures uninsured unless specifically addressed.
THE COVERAGE GAP Pollution-related claims may be less frequent than other job site incidents, but they tend to be high severity when they occur. Some of the most common coverage gaps include: ●
No dedicated Contractors Pollution Liability CPL coverage
●
Limited protection for transported or disposed materials
SUMMER 2026
25
●
Gaps related to subcontractor-caused pollution events
●
Uninsured costs tied to government-mandated cleanup
For dirt contractors, where moving and disturbing soil is core to operations, these gaps can create significant financial exposure.
SAFETY STILL DRIVES EVERYTHING While pollution risk is often less visible, jobsite safety remains the most immediate and consistent exposure for contractors. Excavation and site work come with well-documented hazards: ●
Trench collapse and cave-ins
●
Equipment-related accidents
●
Struck-by incidents
●
Utility strikes leading to fire, explosion, or service disruption
Strong safety practices donʼt just protect workers; they also play a major role in controlling insurance costs, avoiding claims, and maintaining project timelines. Key areas that leading contractors focus on include: ●
Designating and training a competent person for excavation safety
●
Following proper trench protection systems
●
Verifying utility locates and maintaining clear documentation
●
Conducting regular job-site safety audits and training
CONTRACTS AND RISK TRANSFER: THE OVERLOOKED FACTOR Many dirt contractors take on risk not just from operations but from contractual obligations. Project contracts often include:
26
●
Broad indemnification clauses
●
Responsibility for unknown site conditions
●
Strict cleanup and environmental compliance requirements
SUMMER 2026
Without careful review, contractors may be assuming liability that goes beyond what their insurance program actually covers. In addition, subcontractor relationships can introduce further exposure if: ●
Certificates of insurance are not properly reviewed
●
Additional insured status is not clearly established
●
Subcontract agreements lack strong risk transfer languages
A PRACTICAL APPROACH TO MANAGING RISK While risk canʼt be eliminated, it can be managed effectively with the right approach: 1. Evaluate Pollution Exposure Understand where environmental risk exists in your operations; not just on obvious projects, but across all jobsites. 2. Align Coverage with Operations Review whether your insurance program; especially pollution and excess liability; matches the actual scope of work being performed. 3. Strengthen Jobsite Controls Consistent safety practices, documentation, and training reduce both the likelihood and severity of claims. 4. Review Contracts Carefully Know where risk is being assumed and ensure insurance and agreements are aligned with those obligations. 5. Manage Subcontractor Risk Verify coverage, enforce agreements, and avoid inheriting exposure from others on the job.
SUMMER 2026
27
FINAL THOUGHT Dirt work will always carry inherent risk; thatʼs part of the job. But todayʼs environment has made those risks more complex, particularly as it relates to environmental exposure and liability. The most successful contractors arenʼt just focused on production and timelines—theyʼre equally focused on understanding what lies beneath the surface, both on the jobsite and within their risk profile. If youʼre not sure how these exposures apply to your business, now is a good time to review your risk profile and coverage with a trusted advisor.
Byline For more information or to discuss how these exposures may impact your business, connect with our team or reach out to your advisor.
Nicolas Novella – Client Advisor at World Insurance Associates, LLC 908 6251661 / nicolasnovella@worldinsurance.com
28
SUMMER 2026
SUMMER 2026
29
SCHOLARSHIP
RECIPIENTS
30
More than 125 members and their families joined us at the home of Jeff Neary, J.A. Neary Excavating, on May 20, as NJLICA recognized the accomplishments of 24 young adults. $49,300.00 were awarded to the family members of NJLICA contractor members, associate members, and/ or their employees’ family members. Surpassing 2025, this was once again the largest amount of scholarship money awarded in the history of NJLICA’s Scholarship Program. We remain very proud of being able to help support these outstanding young men and women.
Nina Bagnato Fairfield University Reggio Construction, Inc.
Bennett Burgida University of Michigan Amramp
Kayla Caravella University of Delaware Caravella Demolition
Tristan Davison University of Oklahoma Robert W. Wogisch Landscape Contractor
Carmina Facchino Sacred Heart University Caravella Demolition
Miley Ferriolo University of New England Bil-Jim Construction Co., Inc.
Kelis Guzman Mercy University Braen Stone Industries
SUMMER 2026
Avery Horlacher Lafayette College Braen Stone Industries
Kate Machleder New Jersey Institute of Technology Filco Industries, Inc.
Emma Mascelli Indiana University Braen Stone Industries
Bennett Mayer University of New Hampshire Able Companies
Grace Meyers Mount Saint Mary College Wantage Excavating, Inc.
Lauren O'Brien Rowan University TLC4 Prevailing Wage
Adit Jaimin Patel University of Florida JayAdit Builders LLC
Madeline Patner Pennsylvania State University Morris Asphalt Co., Inc.
Jason Post Muhlenberg College Braen Stone Industries
SUMMER 2026
31
Michaela Schlaefer University of Miami Global Development Contractors LLC
Charleston Stanley Texas Tech AVCON Manufacturing LLC
Roberto Stigliano, Jr. The College of New Jersey Quality Landscapes/ Irrigation Systems of NJ
Madison Tallamy University of Delaware Wantage Excavating, Inc.
Evangeline Turturro Embry-Riddle Aeronautical University Wm. H. Wilson Enterprises
Megan Vetter Colorado State University, College of Veterinary Medicine George Vetter Landscaping, Inc.
William Weber University of Rochester Turco Golf, Inc.
32
SUMMER 2026
Kathryn Wengryn Florida Golf Coast University Wengryn & Sons Construction LLC
NJLICA
NEWS
CAREER DAYS AND COLLEGE FAIRS: BABOOM! ABSOLUTELY EXPLODING!
NJLICA continues to take its road show of promoting the trades to schools throughout New Jersey. This past spring was the busiest we have ever been. Students lined up to work the remote-control construction vehicles and then jump on one of two simulators that NJLICA brings into schools. Hugo Castillo, NJLICA apprenticeship coordinator, states, “I believe we will be in 100 schools next year. We get calls almost every day." Since the last publication, NJLICA has visited: • Morristown High School • Keyport High School • Spotswood High School • Overbrook High School • Woodbridge High School • Westwood High School • Livingston High School • Maplewood High School • Freehold High School • Fair Lawn High School • Mahway High School • Central High School • Newark Arts High School Contractors are reminded that they can join us at their high school, share some business experiences, and help us promote the trades to the next generation.
BOYS & GIRLS CLUB OF NEW JERSEY AND THINK BIG FOR KIDS NJLICA also promotes the trades to other worthwhile organizations, providing young adults with the same hands-on experience. We have visited: • Boys and Girls Club of Newark • Boys and Girls Club of Asbury Park • Boys and Girls Club of Cumberland County • Think Big For Kids of Trenton
ATTACKING THE LABOR SHORTAGE NJLICA is trying to do its part to combat the labor shortage among its members by identifying young men and women interested in starting a career in the trades. It has been slow, but the process has now come full circle, and we are attracting potential candidates for employment within the NJLICA membership. Apprenticeship Coordinator Hugo Castillo’s efforts are starting to pay off. As previously reported, Castillo has gone into schools throughout the state promoting the trades to high school students as a potential career choice. Armed with videos, printed materials, remote control construction equipment, and two simulators, Castillo describes what a career might look like and the potential earnings. Students are fired up! As a result of Castillo’s efforts, we are now receiving resumes from interested graduating high school students. In addition, Castillo and NJLICA Executive Director Buddy Freund have spent time in various schools, providing interviewing techniques and other tidbits on getting and maintaining employment. We have approximately 40 resumes in hand. All of these kids need a job. All of them are eager to learn. All of them need an opportunity. What can you do as an NJLICA contractor? Please go to the NJLICA website and review the candidates. If the short blurb is attractive, call Castillo, and he will get you the resume(s) that might fit what you are looking for. Please, at a minimum, give them a call. You never know when that 18-year-old you took a chance on and molded into the employee you wanted, turns out to be a keeper. Castillo can be reached at hugo@njlica.org or 201-443-5964.
NJLICA SAFETY RECOGNITION PROGRAM
The NJLICA Safety Recognition Program honors those companies who demonstrate a commitment to promoting safety within their companies and maintain a proven track record of best practices for safety. Six member companies are to be commended for their dedication to a safe work environment for 2025. Please join us in congratulating: • Caravella Demolition, Inc., East Hanover, N.J. • Halecon, Inc., Bridgewater, N.J. • Power Patch, Inc., Farmingdale, N.J. • Renova Environmental Company, Ocean Township, N.J. • Urgiles Trucking LLC, Belleville, N.J. • Vito Tree Care & Land Management, Inc, Belleville, N.J. Mark your calendar for Total Pro Expo, to be held January 26-27, 2027 where we will recognize the 2026 honorees.
SUMMER 2026
33
IMPORTANT MEMBERSHIP DUES AND ERISA TRUST INFORMATION NJLICA Membership Dues • required to be paid each year • due September 1 of each year • invoices are emailed on/or about September 1 • payment may be made via the payment link, providing credit card information to the NJLICA office, or via check • If you joined prior to May 1, you will receive a dues invoice on September 1 • If you joined between May 1 and August 31, you will not receive an invoice in September. You are good until the following September. • Pay your dues by October 31 and receive two free passes to Total Pro Expo, NJLICA’s Winter Conference, held January 26-27. ERISA Trust Payment (Public Works Contractors as part of the Apprenticeship Program) • required to be paid each year • due on the anniversary date of you joining the Apprenticeship Program • invoices are hard copy mailed the month prior to being due • payment may be made via check or by proving credit card information to the NJLICA office *If you are a public works contractor with your public works certificate, both of these payments are required to remain compliant with the Department of Labor and maintain your public works certificate.
NJLICA EXPANDS RESOURCES FOR THE SPANISH-SPEAKING COMMUNITY
NJLICA AMPLÍA RECURSOS PARA LA COMUNIDAD DE CONSTRUCCIÓN HISPANOHABLANTE
NJLICA recognizes the importance of reaching and supporting New Jersey’s Spanish-speaking construction community. As part of our commitment to serving all members of the industry, we will begin providing articles, training materials, educational resources, and important industry updates in Spanish. Our goal is to make valuable information more accessible, strengthen communication, and help more contractors, workers, and businesses succeed.
NJLICA reconoce la importancia de llegar y apoyar a la comunidad latina de la construcción en Nueva Jersey. Como parte de nuestro compromiso de servir a todos los miembros de la industria, comenzaremos a ofrecer artículos, materiales de capacitación, recursos educativos y actualizaciones importantes de la industria en español. Nuestro objetivo es hacer que la información valiosa sea más accesible, fortalecer la comunicación y ayudar a que más contratistas, trabajadores y negocios tengan éxito.
NEW JERSEY 2027: NATIONAL LICA SUMMER CONFERENCE STRENGTHENING CONNECTIONS, SHAPING TOMORROW The planning process is full steam ahead for New Jersey being the host of the National LICA Summer Conference, July 20-24, 2027. The beautiful Hilton Hasbrouck Heights/Meadowlands with its proximity to The American Dream, New York City, and many other New Jersey and New York attractions, will be the venue for this conference. A committee consisting of contractor and associate members from all over the country have been working diligently to create an incredible experience for all those that attend. Two days of “can’t miss” education presented by nationally recognized speakers, focus groups with manufacturers and professional service providers, pre- and post-conference tours to life-changing venues, a welcome reception overlooking the spectacular New York City skyline, a 9/11 NYC fireman who was buried alive twice in the collapse of both towers as our Keynote Speaker, a harbor cruise taking you within feet of the Statue of Liberty, and much, much more. Please mark your calendars for July 20-24, 2027. Whether driving 30 minutes up the Garden State Parkway or flying across the country, this is one you won’t want to miss!
34
SUMMER 2026
SUMMER 2026
35
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
36
SUMMER 2026
NJLICA • PO Box 166 • Succasunna, NJ 07876 • www.NJLICA.org FALL 2024
25
SUMMER 2026
37
38
SUMMER 2026
Our Our Services Services
New Equipment Used Equipment Rental New Equipment Used Equipment Rental Next Day Parts & Road Service Next Day Parts & Road Service
Our Our Brands Brands Construction, Forestry Construction, Forestry Experts in Road Experts in Road Building & Minerals Building & Minerals
Walk Behind Loaders Walk Behind Loaders & Trenchers & Trenchers
Land Surveying Land Surveying
Road Maintenance Road Maintenance
Low Boy & Easy Low BoyTrailers & Easy Loader Loader Trailers
Hydraulic Hammers Hydraulic Hammers & Compactors & Compactors Multi-Tip Multi-Tip Dump Trucks Dump Trucks
Asphalt Pavers Asphalt Pavers & Sweepers & Sweepers
South Plainfield, NJ Fairfield, NJ Lumberton, NJ South Plainfield, NJ Fairfield, NJ Lumberton, NJ Beacon, NY Deer Park, NY Beacon, NY Deer Park, NY Rosedale, MD Middletown, DE Shrewsuby, MA Rosedale, MD Middletown, DE Shrewsuby, MA (800) 241-7070 (800) 241-7070
www.jesco.us www.jesco.us
SUMMER 2026
39
NEW MEMBERS
GROWING BIGGER AND STRONGER EVERY DAY Contractor Members 5 Stars Maintenance LLC Joseph Dellosa Union City, N.J. A Gingerelli Construction Anthony Gingerelli Nutley, N.J.
89 NEW MEMBERS ADDED FEBRUARY THROUGH JUNE.
ASL Group Robert Adams Watchung, N.J.
Eagle River Crane Service Dale Georgianna Lincoln Park, N.J.
B & B McEntee Construction Co., LLC Robert McEntee Wayne, N.J.
Easmunt Paving, Inc. Tom Talalaj, Jr. Millville, N.J. Encalada Trucking LLC Sofia Lugo Wharton, N.J.
ADR Environmental LLP Arthur Pierson Branchville, N.J.
B & F Environmental Drilling, Inc. William Michaelis Blue Anchor, N.J.
Aim Oil Company, Inc. t/a Aim Tank Services, Co. Bernadette Solari Wayne, N.J.
Bella Construction Company LLC Nicolas Hudak Barnegat, N.J.
AJ Custom Contracting LLC German Amaya-Romero Union City, N.J.
Buckeye-Elm Contracting LLC Allie Kroeger Gahanna, Ohio
Alas Transport Corp. Jose Almeida Espin Middlesex, N.J.
Castillo Trucking LLC Carlos Castillo Bloomfield, N.J.
All J’s Construction and Site Development Jessica Eigenbrot Shamong, N.J.
Champion Contracting Services LLC Elizabeth Mettee Jackson, N.J.
THE NJLICA BOARD HAS POSITIONS AVAILABLE FOR THE FOLLOWING COMMITTEES:
Alves Contracting LLC Gabriel Alves Springfield, N.J.
Complete Hydraulic Works, Inc. Daniel Fano II Midland Park, N.J.
Scholarship
American Exteriors LLC Dawn Ferrante Newton, N.J.
Concrete Injection Specialists, Inc. Scott Young Lansdale, Pa.
Antanas Construction Services LLC Anthony Staknis Egg Harbor City, N.J.
Cumberland Tree Service LLC Jacob Parent Millville, N.J.
Anzino and Kidz Express Anzino Darden Galloway, N.J.
Deoliveira Trucking LLC Douglas De Oliveira Newark, N.J.
EnviroScience Solutions LLC John Okafor Orange, N.J. Express Tree Service LLC Tom Taylor Mt. Laurel, N.J. F-16 Trucking LLC Felipe Luzuriaga Armijos Kearny, N.J. GET INVOLVED
Membership
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
40
SUMMER 2026
Francisco J. Massano LLC Francisco Massano Colonia, N.J.
JMN Paving & Masonry, Inc. Mary Nortesano Kendall Park, N.J.
Porous Pro LLC Thomas Eosso Eatontown, N.J.
GCM Building Materials, Inc. Christine Gomes Kearny, N.J.
JNS Trucking LLC Antonio Almeida Roselle Park, N.J.
Prism Sweeping Services, Inc. Suzanne Nakashian Pequannock, N.J.
Gladstone Masonry Stoneworks, Inc. Martin Faulborn Gladstone, N.J.
John Sebas Trucking Sebastian Valarezo Piscataway, N.J.
Rebco Contracting Corporation Richard Bassi Lyndhurst, N.J.
Glendale Excavating, Inc. Thomas Giangiulio Voorhees, N.J.
JP Hauling LLC Sidnei DaSilva Elizabeth, N.J.
Roche Landscaping LLC Mathew Roche Flemington, N.J.
Green State Trucking LLC Matthew McCoy Seaville, N.J.
K.E.V. Services LLC Kevin Penafiel Newark, N.J.
Rockford Trucking LLC William Cespedes Hackensack, N.J.
Greentek Construction LLC George Rodriguez Williamstown, N.J.
LAVI LLC Victor Pogrebniak Far Hills, N.J.
Sage Companies LLC Jack Fernandez Beachwood, N.J.
Gres Paving Co., Inc. John Gres Trenton, N.J.
Let It Grow, Inc. Saurabh Pabrekar River Edge, N.J.
Sandra Scanlon LLC James Martine North Arlington, N.J.
Ground Penetrating Radar Systems LLC Stephen Wojtkun Maumee, Ohio
Mapaos Services LLC Absalon Arandia Wharton, N.J.
Sayay Trans LLC Santiago Sayay Bloomfield, N.J.
Mass Construction LLC Robert Barrantes Soto Linden, N.J.
Seyler Trucking, Inc. Mike Seyler Allentown, N.J.
MJS Excavating, Inc. Michael Sancilardi Rahway, N.J.
Shriji Creations LLC Dilip Patel North Bergen, N.J.
Oliver Construction Enterprises LLC Chris Gentz Chesterfield, N.J.
Skky Solutions LLC Sidiani Monge Barnegat, N.J.
Haddad Plumbing & Heating, Inc. Shallan Haddad Newark, N.J. Harrington & Son LLC David Harrington Rockaway, N.J. Insurcomm, Inc. Leonard DiGiacomo Southampton, N.J. IWT Transport, Inc. David O’Brien Oakland, N.J. Jebco Enterprises LLC Jimmy Bevere Branchville, N.J. Jimmy Jaramillo Jimmy Jaramillo Middlesex, N.J.
Olympus Construction LLC Brett DeMarco New Brunswick, N.J. Phil and Son Concrete LLC Guy Ponticiello Long Beach Township, N.J. Playpave LLC Brian Tercovich Rockville Centre, N.Y.
Surface America, Inc. Kristina Kaitanowski Williamsville, N.Y. Tack Coat Services LLC Robert King Verona, N.J. Tap Tier Contractors Tovine Potts Glassboro, N.J. Tayor-Robinson Services LLC Jon Taylor Elmer, N.J. SUMMER 2026
41
TJA Enterprises LLC Richard Tombe’ Dover, N.J.
We Almeida Trucking LLC Marco Almeida Aberdeen, N.J.
Hunyady Auction Company Fred Vilsmeier Hatfield, Pa.
Triumvirate Environmental LLC David LaBelle Somerville, Mass.
WMRJ Transport LLC Wender Januario West Orange, N.J.
New Cape Pictures Gregory Standal Little Falls, N.J.
Troncoso & Terlizzi Site Work LLC Fares Troncoso Jackson, N.J.
Associate Members All American Ford Jason Savino Old Bridge, N.J.
Nord-Lock Group Danielle Savage Long Branch, N.J.
Tsouza LLC Eliseu Nascimento Pittstown, N.J.
Creston Hydraulics, Inc. Michael McGuire Hamilton, N.J.
WAJA Contractors LLC Walber daRocha South River, N.J.
Frank’s Truck Center, Inc. Frank Pezzolla Lyndhurst, N.J.
Wayne Moving & Storage of New Jersey Brian Watson Pennsauken, N.J.
Grassi Scott Stern, CPA Park Ridge, N.J. Holly Insurance Group John Holly Long Valley, N.J.
Popular Bank Kurt Traub Elizabeth, N.J. Wells Fargo Equipment Finance, Inc. Todd Yazujian Flemington, N.J.
THE NJLICA DUES YEAR RUNS FROM SEPTEMBER 1-AUGUST 31. DUES INVOICES WILL BE SENT ELECTRONICALLY ON SEPTEMBER 1. YOUR CONTINUED SUPPORT IS APPRECIATED.
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
WAREHOUSE AND YARD 308 North 14th Street Kenilworth, New Jersey 07033 TEL: (908) 686-3832 7:30 A.M. - 4:30 P.M. Monday - Friday
EMERGENCY HOURS BY REQUEST
SUCCESS THROUGH SERVICE SINCE 1927
www.brentmaterial.com WBE Certified (NJ, DE, NY/NJ Port Authority, NYC, NY State, DASNY) WBENC, WOSB, SBE Certified (NJ)
CELEBRATING 94 YEARS OF SUCCESS
SALES OFFICE
325 Columbia Turnpike, Suite 308 Florham Park, New Jersey 07932 TEL: (973) 325-3030 FAX: (973) 325-7360 7:30 A.M. - 5:00 P.M. Monday - Friday
EMERGENCY HOURS BY REQUEST
• WATER WORKS •
• STORM DRAINAGE • • SANITARY SEWER •
• EROSION CONTROL • SALES OFFICE WAREHOUSE AND YARD 1271 Glassboro Road Williamstown, New Jersey 08094 7:00 A.M. - 5:00 P.M. Monday - Friday
EMERGENCY HOURS BY REQUEST
TEL: (856) 728-0171 FAX: (856) 728-8275
CATERINA SUPPLY INC.
www.caterinasupply.com NJ Certified WBE/SBE, DE Certified WBE/SBF, PA Certified SDB-W/SBF
CELEBRATING 37 YEARS OF SUCCESS
44
SUMMER 2026
SUMMER 2026
45
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 Freund: buddy@govisionstrong.com 46 Buddy SUMMER 2026 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
A bigger bang f
• • • • • • • • • •
• • •
• • • •
•
• • • • • •
•
•
• • • • •
• • • •
•
2026 • SUMMER
47
EVENTS
THIRD ANNUAL GOLF CLASSIC SOUTH The skills of 72 golfers were severely put to the test on the historic Banks Course at Forsgate Country Club. For the second year in a row, rain threatened, but we never saw a drop. The team championship this year was won by the foursome of Mike Belloni, Vincent Petruolo, Phil Lombardozzi, and Doug Rebeles of Faztec Industries. The Fourth Annual Golf Classic South will return to Forsgate Country Club on May 25, 2027.
PREMIER SPONSORS Invitational Sponsors Next Level Private Northwestern Mutual Prins Insurance World Insurance Associates Golf Ball Launcher DeSapio Construction Player Giveaway Sponsor R & R Construction Grand Reception Sponsors Premier Emissions & Safety Inspectors Vulcan Materials Beverage Cart Sponsors Brent Material Company J. Kramer Landscaping & Snowplowing 48
SUMMER 2026
Beverage Cart Sponsors Haskell Paving J.A. Neary Excavating Fleet of Carts Sponsor The True Agency Registration Sponsor KTK Construction
Driving Range Sponsors Golf Range Netting Mathis Construction Co., Inc. Tilcon NY, Inc. Hole in One Sponsors New Jersey Tax Advisors The Ireland Construction Group
$10,000 Putt Off Sponsor Faztec Industries
Closest to the Pin Let Us Brand U Tri-State Safety Solutions
Ball Sponsor Foley Cat
Longest Drive Petrocon
Putting Green Sponsors County Concrete Icon Equipment
TEE AND GREEN SPONSORS Caravella Demolition Castle Printing Church Auto Dave O’Donovan Excavating Espo’s Tree & Crane Service Gerrity Heavy Duty Sales James R. Ientile L.N. Rothberg & Son Lindabury, McCormick, Estabrook, & Cooper, PC
Mikula Contracting Peerless Concrete Products Popular Bank Ritchie Bros. Rue Insurance Smolin, Lupin, & Co. TLC4 Prevailing Wage Vulcan Materials Wantage Excavating SUMMER 2026
49
CONSTRUCTION, COCKTAILS, & CONNECTIONS: A HUGE SUCCESS June 4 marked the second Construction, Cocktails, & Connections gathering. Over 45 attendees enjoyed an evening of food, beverage and great conversation at the Beach Haus Brewery in Belmar, N.J. NJLICA Apprenticeship Coordinator Hugo Castillo praised the event and venue. “This was a home run! Attendees made lots of connections, enjoyed some great food and beverages. This is exactly what we were hoping for when we developed this concept.” Mark your calendars for the next Construction, Cocktails, & Connections at Baseline Social in Oceanport, N.J. There will be golf simulators and TVs the size of Montana!
FUTURE DATES AND LOCATIONS FOR CONSTRUCTION, COCKTAILS, & CONNECTIONS Baseline Social Oceanport, N.J. Thursday, October 29 Varitage Brew Works Bloomfield, N.J. Thursday, November 12
SPRING DINNER MEETING – NORTH
Auto Action Technologies in Kenilworth, N.J., served as the site for the NJLICA Spring Dinner Meeting North. Founded in 1978, Auto Action Technologies is a national installation and support partner specializing in public sector and commercial fleet technology integration. Owner Joe Cardinale was a gracious host to the 35 attendees. Members were treated to an informative presentation by Alexandra Klapuschak of GeoTab. Kla- NEXT DINNER MEETING puschak spoke about GPS fleet management solutions. Richard Gaynor of Middleton & Company also Komatsu America Corp. presented on new rules and regulations for drones, as well as cyber security. South Plainfield, N.J. Thursday, October 15
SPRING DINNER MEETING – SOUTH New NJLICA associate member SANY of Pennsauken was the site for the NJLICA Spring Dinner Meeting South. Hosts Brad Kelly and Joel Henry provided a tour of the facility and showcased some new equipment. What a great facility it is! Attendees were treated to a great presentation by Anthony Morreale of Tri-State Safety Solutions. NEXT DINNER MEETING Morreale spoke about digital medical cards for CDL drivers, enforcement on non-English speaking drivEssco Truck & Equipment ers, and OSHA compliance. Farmingdale, N.J. Thursday, September 24
50
SUMMER 2026
FIRST ANNUAL CAR SHOW AND SCHOLARSHIP DINNER This should have been our Second Annual Car Show, but it rained last year — hard! Over 40 vintage cars were on display at the home of Jeff Neary, J.A. Neary Excavating, in Whitehouse Station. An unbelievable display of vehicles was enjoyed by over 130 attendees.
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.
SUMMER 2026
51
JAM PACKED SECOND HALF! 52
SCHEDULE OF EVENTS
SUMMER 2026
38TH ANNUAL NJLICA GOLF CLASSIC - NORTH NEW JERSEY NATIONAL GOLF COURSE BASKING RIDGE MONDAY, AUGUST 24TH TEE OFF 9:30 AM
HELP SUPPORT THE NJLICA SCHOLARSHIP PROGRAM!
2026 PRESENTING SPONSORS Patrick Di Cerbo Joseph Burdi
SUMMER 2026
53
SUMMER 2026
55
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 56
SUMMER 2026
• Payroll & HR Services • 401K
WWW.WORLDINSURANCE.COM
SUMMER 2026
57
ADVANCE TIRE INC. RuBbEr TrAcKs • SkId StEeR TiReS • SoLiD TiReS • TiRe FiLl • FlAt PrOoFiNg
800-445-6647 WWW.ADVANCETIRES.COM
AD INDEX
1000 RIKE DR., MILLSTONE TWP., NJ COMPANY
PAGE NUMBER
NJLICA 36
Advance Tire 58
Power Patch 10
All American Ford
7
Precision Hydraulic & Oil
45
Bodner Fence & Construction
38
Prestige Plumbing & Heating
15
Brent Material Company
43
Prins Insurance 35
Bucket Supply & Equipment Parts
57
Ritchie Bros.
Croft Infrastructure
20
Cut Wright 29 DAG Onsite Crushing 37 Essco Truck & Equipment
3
Inside Back Cover
Rue Insurance 44 Scheideler Excavating
14
Sitework Estimating Consultants
Back Cover
Taylor Oil
17
Genova Burns 24
Tilcon 55
Haskell Paving 42
TLC4 Prevailing Wage
12
JESCO
39
Traffic Plan
21
Komatsu
Inside Front Cover
Tri-State Safety Solutions
13
Lindabury, McCormick, Estabrook & Cooper, P.C.
6, 18
World Insurance 56
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
NJLICA PO Box 166 Succasunna, NJ 07876
Quantity Takeoffs • Earthwork Takeoffs • Cost Estimating
LICA’s preferred estimator!
60
SUMMER 2026
Call SEC Today! 1-888-748-3975
WEBSITE
thesiteworkestimator.com info@siteworkest.com