Construction NEW JERSEYNEW JERSEY SPRING …John Baumgardner BFC, Ltd. Michael DePalma DePalma...

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SPRING 2019 NEW JERSEY SPRING 2019 G NEW JERSEY Construction The Associated Construction Contractors of New Jersey Magazine Leveling the Playing Field

Transcript of Construction NEW JERSEYNEW JERSEY SPRING …John Baumgardner BFC, Ltd. Michael DePalma DePalma...

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SPRING 2019NEW JERSEY SPRING 2019GNEW JERSEY

ConstructionThe Associated Construction Contractors of New Jersey Magazine

Leveling the Playing Field

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Spring 2019 | New Jersey Construction | 1

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2 | New Jersey Construction | Spring 2019

ACCNJ Leadership

Board of Trustees

Benedict Torcivia Jr., Chairman

Torcon Inc.

J. Fletcher Creamer, Jr., Vice Chair

J. Fletcher Creamer & Son Inc.

Eric Jensen, Treasurer

Michael Riesz & Co.

Art Corwin, Secretary

Moretrench

Alfonso Daloisio, Jr., Past Chairman

Railroad Construction Family of Companies

Mark Hall, Past Chairman

Hall Construction Co., Inc.

Jack Kocsis, Jr., Chief Executive Officer

Darlene Regina, Chief Operating Officer

Highway Representatives

Rolando Acosta

Northeast Remsco Construction

Michael Criscola

Crisdel Group Inc.

David Earp

Walker Diving Underwater Const. LLC

Nelson Ferreira

Ferreira Construction Co.

Vincent Gallo

Tilcon

Paul Koch

Skanska Koch

Michael Mergentime

Merco Inc.

Tom Vollers

Vollers

Jeff Waters

Waters & Bugbee Inc.

Richard Weeks

Weeks Marine Inc.

Building Representatives

Clifford Blanchard

Wm. Blanchard Co.

Charles DeAngelis

Vericon Construction Company LLC

Larry Drill

Drill Construction Co., Inc.

Robert Epifano

Epic Management Inc.

Michael Fitzpatrick

Fitzpatrick & Associates Inc.

Robert Gamba

Prismatic Development Corp.

Glenn Garlatti

Albert Garlatti Construction Co.

Paul Natoli

Joseph A. Natoli Construction Corp.

Robert Polisano

Network Construction Co., Inc.

James Prisco Jr.

J.R. Prisco Inc.

Building Division

John Baumgardner

BFC, Ltd.

Michael DePalma

DePalma Contracting Inc.

John Devecchio

TN Ward Company

John Epifano - Division Vice Chair

Epic Management Inc.

Robert Gariepy - Division Chair

RCC Builders & Developers

John Gunning

Skanska USA Building Inc.

Bill Macedo

Turner Construction Company

Jack Macedo

Macedos Construction LLC

Richard Nugent

Massett Building Company

Pasi Nurminen

Nurminen Construction Corp.

Scott Podwats

Force Concrete & Masonry Corp.

Philip Prisco

J.R. Prisco Inc.

Brian Torcivia

Torcon Inc.

Al Zappone

Fabi Construction Co.

Highway Division

Josh Benson - Division Chair

Tilcon

Harry Chowansky

HC Constructors

Brian Fagersten

Sparwick Contracting

Brad Jorrey

J. Fletcher Creamer & Son Inc.

Chris Johnson

Tutor Perini

Justin Lijo

Trevcon

Steven Maggipinto

Schiavone Construction Co. LLC

Jesse Ottesen - Division Vice Chair

Weeks Marine Inc.

Greg Petrongolo

JPC Group Inc.

Gene Sullivan

Railroad Construction Company

Anthony Suppa

South State Inc.

Tom Tuozzolo

Moretrench

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Spring 2019 | New Jersey Construction | 3

A T R A D I T I O N O F L E G A L E X C E L L E N C E S I N C E 1 9 3 8

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4 | New Jersey Construction | Spring 2019

Editor’s Note

In past issues of New Jersey Construction, we have focused on such critical issues as dealing with the

underground economy, fairness in bidding/procurement laws and enforcement of the State of

New Jersey’s Labor Laws. The cover story for this issue addresses many of these areas with a

detailed look at ACCNJ’s leveling-the-playing-field mission. A level playing field allows all qualified

contractors a fair shot at successfully bidding a project, while also allowing the craftworkers on the

jobsites to earn a living wage. Plus, efforts to thwart the underground economy enable the State of

New Jersey to collect its fair share of tax revenue that SHOULD have been paid in the first place.

A new feature in the magazine will focus on the Association’s initiative to address diversity goals on

public construction projects, another aspect of leveling the playing field for all. On January 1, 2019,

Carol Fulton was named the inaugural Diversity & Compliance Director for ACCNJ. Her first column

on our initiative appears in this issue.

In the Chairman’s Message, Ben Torcivia, Jr. discusses the grant the Association received from the

NJ Department of Labor. This $34,000 award allowed for training of members, which in turn allowed

them to achieve specific certifications sought for healthcare construction. The training was provided

at no cost to members because of the grant.

In his article, CEO Jack Kocsis reviews recent labor negotiations and the positive effect the new pro-

visions will have on our contractors. He also lauded our labor partners for their assistance in keeping

our members competitive. Darlene Regina’s COO Message offers a reminder to all members of the

expansive and detailed information available through the Association’s numerous publications. Also

published in this issue is a Member Profile of TN Ward, in celebration of 100 years in business!

We welcome 17 new companies to ACCNJ and hope they will take advantage of the many services

the association provides its members.

Don’t miss the feature on ACCNJ’s Annual Safety Day, held on April 18, 2019. This year saw more

than two dozen contractors and labor partners participate in this vital aspect of the construction

industry. In the center of this issue is a two-page pictorial spread on the annual Construction Industry

Career Day, which is coordinated by Association staff and sponsored by management organizations

and the Building Trades in New Jersey.

From all of us at ACCNJ, we wish everyone a wonderful summer!

Published by Associated Construction

Contractors of New Jersey

Raritan Center Plaza II, Suite A-19

91 Fieldcrest Avenue

Edison, NJ 08837-3627

tel: 732-225-2265 • fax: 732-225-3105

www.accnj.org

Publisher Jack Kocsis, Jr.

Editor-in-Chief Darlene Regina

Managing Editor Advertising Director Mike DeVito

Copy Editor Deb Teall

Contributing Editors Abby Adams, Carol Fulton,

Jack Kocsis, Darlene Regina,

Jill Schiff, Michael Travostino

Publishing Consultant Richard Ecke

New Jersey Construction Magazine is

published by the Associated Construction

Contractors of New Jersey. Copyright by the

Associated Construction Contractors of

New Jersey. No part of this magazine may

be reproduced or reprinted without written

permission of the Editor or Publisher. The

Associated Construction Contractors of

New Jersey does not stand sponsorship for

the opinions or facts of authors and does

not necessarily agree with the opinions

stated by its contributing authors.

© 2019 Associated Construction Contractors

of New Jersey. All rights reserved.

Focus on Fairness and Member Services By Mike DeVito, Editor

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www.VollersCompany.com

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6 | New Jersey Construction | Fall 2018

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Spring 2019 | New Jersey Construction | 7

Table of Contents

2 ACCNJ Leadership

4 Editor’s Note

Focus on Fairness and Member Services

9 Message from the Chairman

ACCNJ Wins Grant to Offer Healthcare

Construction Certi�cation

11 Message from the CEO

Cooperation Between Contractors and

Craftworkers Doesn’t Get Much Better Than This

13 Message from the COO

Association Publications & Resources: How They

Can Help with Your Day-to-day Operations

16 Feature Article

Leveling the Playing Field

22 Member Profile: TN Ward

With Illustrious Past, TN Ward Has Eye on Today

28 Giving Back BONUS

Railroad Construction Travels 4,000 Miles

to Build a Bridge

32 Member News

36 Giving Back

38 Safety

Safety Day 2019: Changing the Culture

41 Safety

Joint Safety Training: Two Trades Make a Team

46 Construction Industry Career Day 2019

Construction IS a Great Fit

49 Associate Member Expertise

The Collaboration Conundrum

51 Diversity & Compliance

Outreach for Diversity, Working Toward Compliance

56 Associate Member Expertise

Captive Insurance: A Potentially High-Impact

Cost-Saving Measure

61 Government Affairs Report

Trenton Heats Up Prior to Summer Recess…

64 Associate Member Expertise

Dealing with a Breaching Subcontractor:

From Breach to Judgment

69 Labor Management Cooperative

Cooperation

71 Labor Management Cooperative

Fighting for an Affordable, Clean and Sustainable

Energy Future in New Jersey

73 Labor Management Cooperative

IW Welder Certi�cation Program Offers

Advanced Training

74 Labor Management Cooperative

LIUNA Programs Aimed at Boosting

Competitiveness and Winning Work

77 Labor Management Cooperative

Contractor & Carpenter Marketing:

Educate and Inform

80 Welcome New Members

88 Membership Roster

92 Advertisers Index

16 4622 28 38

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Spring 2019 | New Jersey Construction | 9

Message from the Chairman

ACCNJ has long recognized specialized training differentiates our

members, just as skills and safety training set union craftwork-

ers above the rest. The Association excels in offering training in

a vast array of topics – from green building to BIM to Microsoft Office,

from I-9 compliance to OSHA 30-Hour, from silica control to CPR/First

Aid, construction law, pension funding reform, healthcare reform, combat-

ting the opioid crisis and preventing suicide in our industry.

Late in 2018, ACCNJ applied for and won a $34,000 NJ Department of

Labor and Workforce Development grant to train members AT NO COST

in a highly specialized program of healthcare construction. Offered by the

American Society for Healthcare Engineering (ASHE), the program pro-

vides the kind of professional certification increasingly required by hospital

and healthcare facility owners. It’s also very expensive training.

Torcon sent four people. It would have cost our company thousands. But

through the grant, our staff could complete, free-of-charge, the two-day

Health Care Construction (HCC) Certificate Workshop, followed immedi-

ately by the one-day Certified Healthcare Constructor (CHC) Exam Review

Program that prepared them for taking the certification exam. More than

40 ACCNJ member employees participated, along with 10 others from our

partner contractor associations in the state, meeting the goals of our grant.

This was truly outstanding training. It’s not offered in New Jersey.

Because we had a sizeable group, three ASHE-approved instructors flew in

from various parts of the country, thus saving our employees a long-dis-

tance drive or flight to another state, running up the cost with hotel rooms

and meals. As part of the grant, ACCNJ provided breakfast, lunch and

snacks – critical fuel for the intensive courses.

As we know, healthcare construction is in high demand in New Jersey

and the Northeast. Our members have the capacity and talent to meet the

demand, and ACCNJ gave them an unequaled opportunity to acquire high-

end professional certification without tremendous burden. Those who par-

ticipated in the ASHE training, and their construction firms, raised their

professional standing – and positioned themselves to more successfully bid

on healthcare construction projects.

And that raises the standards for all of us in construction in New Jersey.

It’s our goal.

We thank the Association staff for taking advantage of the state grant,

efficiently handling the demanding application process and hosting an

excellent, meaningful course.

ACCNJ Wins Grant to Offer Healthcare Construction Certification By Benedict Torcivia, Jr., Chairman

Our members have the capacity

and talent to meet the demand,

and ACCNJ gave them an unequaled

opportunity to acquire high-end

professional certification without

tremendous burden.

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10 | New Jersey Construction | Spring 2019

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Spring 2019 | New Jersey Construction | 11

Message from the CEO

This first six months of 2019 has been the latest in our regular,

three-year cycle of renegotiating Collective Bargaining

Agreements with many trades. Contractors, Association staff and

labor leaders sat for hours to reach agreements that would be fair to craft-

workers and at the same time keep signatory contractors competitive in a

very challenging construction environment.

While the demand for private construction has helped put the

Great Depression firmly in the past, union contractors continue to face

tremendous competition. Open-shop contractors undercut wages,

materials prices continue to rise, unscrupulous contractors operate in a

murky underground economy that pays workers a pitiful hourly rate or

turns them into 1099 employees, cutting them out of a living wage.

What was extremely obvious throughout negotiations is that our labor

partners are sharply aware of the competition – much of it unfair, much

of it harmful to their members. They are truly staunch partners in the

struggle to, as we discuss in our feature article, level the playing field.

This spring, as we worked through wages and benefits, work rules and

holidays, their support and understanding of the competition our

members face was always on the table.

At the end of many days, contracts were signed, hands shaken,

shoulders squared. We negotiated 2% increases in this year’s 4%-increase

world. We eased some work rules and agreed to explore ways to

possibly hit a reset button by extending apprenticeships or creating an

intermediate journeyworker category. Not only will this result in a

more seasoned, experienced craftworker, but it will help keep union

contractors competitive.

Today, labor and management share strong bonds of cooperation.

We know change will only come about by working together. Thus, we are

determined to collectively advocate for fairness and a level playing field,

best not only for our members and the union craftworkers they employ,

but for the State and its taxpayers, as a whole.

Your thoughts and comments are appreciated.

Cooperation Between Contractors and Craftworkers Doesn’t Get Much Better Than This By Jack Kocsis, Jr., Chief Executive Officer

…we are determined to

collectively advocate for fairness

and a level playing field, best not

only for our members and the

union craftworkers they employ,

but for the State and its

taxpayers, as a whole.

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Spring 2019 | New Jersey Construction | 13

Message from the COO

Throughout the year, we advise members about the availability of

Association publications and other resources, especially as they

are updated. Staff spends endless hours capturing accurate infor-

mation and data to help contractors with day-to-day operations. We want

to be sure members know they exist and how to easily access and use them.

The first avenue for sharing new or updated information is via an

electronic bulletin. All ACCNJ bulletins are numbered and the subject

includes the specific area of service to which it relates (safety, education,

labor relations, etc). With dozens of bulletins published each month,

it’s possible you may miss something important. That is why we prepare

a Monthly Update, which recaps the previous month’s bulletins and any

upcoming activities.

Although not published as frequently as bulletins or monthly updates,

New Jersey Construction, the official magazine of ACCNJ published twice a

year in June and December, is another resource that includes many inform-

ative articles covering major industry trends and issues. Circulation

exceeds 4,000 individuals.

And in between our magazine issues, New Jersey Industry Update,

distributed in March and September, reaches the same audience as the

magazine and serves as its supplement. It delivers information in a more

condensed fashion and is an informative “quick read.”

But perhaps most important is for members to become acquainted with

the “Members Only” page on the ACCNJ website, www.accnj.org.

Everything distributed throughout the year is posted on this page. Here

is a quick recap:

• Bulletins, bulletins, and more bulletins - current and archived going

back to 2013.

• The General Construction Trades’ Collective Bargaining

Agreements for all the Unions with whom ACCNJ bargains on

behalf of our members.

• Wage Rates for the General Construction Trades, updated in a

timely fashion.

• Labor Reference Publications, including: a Directory of Business

Agents and Building Trade Counsel Representatives; a summary of all

Contract Expiration Dates; a Contract Summary, which includes the

most-often-referred-to sections of the collective bargaining agreements;

and a Directory of Fringe Benefit Fund Trustees, Administrators and

their Professionals.

• And last, but not least, all industry studies conducted by ACCNJ,

ranging in topic from Construction Forecasts to an Analysis of DBE

Capacity and the State’s Underground Construction Economy.

So if you don’t already have your password to access the “Members

Only” page on the ACCNJ website, make sure you call the Association office

and get it. You’ll be glad you did. And, of course, if you have any questions

or need further explanation or clarification, never hesitate to give us a call.

Association Publications & Resources: How They Can Help with Your Day-to-day Operations By Darlene Regina, Chief Operating Officer

With dozens of bulletins published

each month, it’s possible you may

miss something important. That is

why we prepare a Monthly Update,

which recaps the previous month’s

bulletins and any upcoming activities.

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14 | New Jersey Construction | Spring 2019

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Spring 2019 | New Jersey Construction | 15

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16 | New Jersey Construction | Spring 2019

Sports and construction – hallmarks of summer. Both prefer a level

playing field. Creating and maintaining a level playing field for the

industry requires construction professionals and the cooperation

and support of many others.

Why Care?

Competitiveness, high industry standards, constructing first-class products

for public and private clients – the products of a level playing field.

It’s easy to dismiss fairness in an often-unfair world. But in OUR world

of construction, where our members are honest and ethical, fairness to the

owners is paramount, especially when those owners are taxpayers. Every

public and private project should give every owner the highest value for the

dollar. Every critical job – aging bridges and roads, for example – should be

completed as needed. Every project that benefits the taxpayer should

achieve earthly perfection. That’s right and fair.

When the playing field for contractors is level, that’s fair. Every upstand-

ing contractor in New Jersey should have the same opportunity to bid and

win a public works project. Every craftworker should have the same oppor-

tunity to earn the good living wage construction in New Jersey offers.

The only competitive advantages a contractor should have to offer are

the quality of the work performed and the safe manner in which it was

performed. That’s fair. With fairness comes repeat business and financial

gain. Contractors and craftworkers thrive, the industry grows, the state’s

economy strengthens.

Leveling Over Decades

If you think the American Dream project in the Meadowlands was a long

time coming, take a look at the Association’s mission-critical “leveling-the-

playing-field” initiative.

Feature Article

Leveling the Playing Field By Jack Kocsis, Jr., Chief Executive Officer, ACCNJ

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Spring 2019 | New Jersey Construction | 17

We were able to ensure contractor registration is required for all con-

tractors who wish to perform public work. Among its benefits, registration

ensures workers are properly trained in one of the most dangerous indus-

tries in the world.

We have preserved and strengthened prevailing wage laws. In our high-

price state, those laws make it possible for union craftworkers to live here,

buy homes, raise families, get good healthcare, send kids to college, take

great vacations and eventually retire without leaving. Just as important, non-

union workers paid a prevailing wage can enjoy many of the same benefits.

For contractors, prevailing wages are a powerful leveler. Labor rates are

standardized. Quality-of-work, safety record and experience – not labor

costs – are all allowed to rise to the top in a bid.

What else has begun to level the field?

• Ensuring standardization in public works bidding brings fairness

to contractors:

o Procurement rules

o Naming of prime subcontractors

o Retainage amounts

o Timing of addenda issued prior to bid

o Bid submission dates

o Procedure for withdrawing bids

In addition, protecting contractors and craftworkers in the 2018 passage

of the P3 law was a triumphant accomplishment that ensured fairness as it

opened more project opportunities.

What Would Really Level the Field

Crush the underground construction economy. It steals $20 million a

year in state tax revenues. $20 million. $20 million!!! $11 million lost

because workers are paid off-the-books. Another $9 million lost because

workers are misclassified as 1099s.

The United Brotherhood of Carpenters – whose members lawfully pay

taxes and receive benefits from upstanding contractors – is so incensed

by the staggering tax fraud it staged demonstrations in cities across the

country on Tax Day, April 15.

Why isn’t the state acting like lightning to stop the hemorrhaging and

give the state’s revenues a huge inoculation? Our hopes were higher a year

ago when Gov. Murphy signed the EO to combat employee misclassifica-

tion. But the villainy continues and the numbers keep shocking us: an

estimated $3.1 million to $6.7 million in unemployment insurance goes

unpaid in the State of New Jersey each year.

Our members pay a living wage, pay state taxes, pay benefits, pay unem-

ployment insurance. Contractors who don’t can undercut bids significantly

– and hurt everyone but themselves.

Enforce wage-and-hour compliance. In union construction, labor and

management have a perfect checks-and-balances payroll system that

keeps everybody on the up-and-up. In addition to the egregious

non-compliance found in the underground economy, open-shop

contractors don’t always comply with prevailing wage rules, sometimes

deliberately, sometimes ignorantly.

The only competitive advantages a

contractor should have to offer are the

quality of the work performed and the

safe manner in which it was performed.

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18 | New Jersey Construction | Spring 2019

Thus, we must rely on state agencies to watch over non-union contrac-

tors to ensure they’re paying prevailing wage, including benefits, on every

public project. When the proper wage is paid, the money flows straight

into the state’s coffers – enough to pay the wages of many, many compli-

ance trackers. Their work pays their salaries. This is not complicated math.

Align state agency DBE goals. The math gets more complicated as

contractors attempt to meet the DBE goals of the various state agencies.

That’s why the Association and our labor partners commissioned the

EuQuant study in 2017. Before we can even set realistic goals, we have to

work together – state agencies, contractors, DBEs and labor – to enhance

opportunities for DBEs to bid. And then we need state agencies to set goals

in a standardized fashion, with a uniform understanding of good-faith

efforts to comply.

Because of these issues, the Association established a Diversity &

Compliance strategy to engage all stakeholders. As we work together to

make MWVDBE goals more attainable and, of course, FAIR, we open

opportunities for DBEs to grow and thrive in the industry.

The work is there. DBEs want it, contractors want to hire them to per-

form it. Collectively we can make sure DBEs are prepared to succeed.

When Will the Field Be Level?

No crystal ball, no tarot cards, no magic will tell us when we will achieve

level. We continue our constant, consistent hard work, meeting with state

agencies and lawmakers, introducing and fighting for language that pro-

tects contractors and craftworkers. Our members won’t see much of the

action, but we look forward to bringing you satisfactory results.

We’re working with our labor partners to make contractors more com-

petitive by easing some work rules and holding wages at smaller increases.

As I mentioned in the CEO Message, we were pleased with the outcome of

labor negotiations this spring, a benefit to both labor and management

that should produce more work for the next three years.

But keep your eyes open. Report potential wage-and-hour violations and

employee misclassification. Work with your DBE subcontractors to

enhance their capabilities. Vote for local representation that supports our

interests in the state.

Above all, as you always do, keep safety the priority. We want to send

everyone home at the end of the day to enjoy that great summer pastime –

playing sports on a level field.

As we work together to make MWVDBE

goals more attainable and, of course,

FAIR, we open opportunities for DBEs

to grow and thrive in the industry.

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20 | New Jersey Construction | Spring 2019

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22 | New Jersey Construction | Spring 2019

Member Profile: TN Ward

With Illustrious Past, TN Ward Has Eye on Today

“Behind us is a lesson,” shares David Panichi,

Chairman and CEO of TN Ward. “Today is

the most important moment.”

As David and John Devecchio, who heads up TN Ward’s Atlantic

City office, reflect on a 100-year history of the firm, they

remember key projects – and confirm their commitment to

AC and union construction.

Betting on Casinos

“The Hard Rock was fun,” smiles John. “And it went fast! We were able to

work with the design team and the owners throughout the entire process

and because of that, we could control the budget. The project was com-

pleted in about seven months – it would typically take about 14 months.

Because of the exceptional safety training, we had a very limited accident

rate.” (See the Member News Bonus on the Hard Rock project in New Jersey

Construction, Fall 2018.)

Before the Hard Rock came Harrah’s, at 50 stories the tallest poured con-

crete structure in the state at the time. The 1,000-room hotel and casino

project was “incredibly successful,” John remembers, “finished in 16

months.” It’s still the tallest tower in southern New Jersey.

And there is the Showboat tower, an $108 million project scheduled to

begin September 11, 2001. After 9/11, John relates, the owner was hesitant

to proceed with such an expensive endeavor. “But nobody wanted to let the

Hospital Conversion of Brigantine Beach Hotel (Courtesy of TN Ward Company)

Harrah’s Resort Atlantic City (Courtesy of Tom Briglia/PhotoGraphics)

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Spring 2019 | New Jersey Construction | 23

building die,” John continues. “So, we totally redesigned it, going from 10-

foot decks to 8-foot decks, 32-foot bays to 28-foot bays (which took it from

mini-suites to rooms)…We changed the room count from 480 rooms to 540

rooms – and brought the number in at $55 million.”

Committed to Being a Union Contractor

The Showboat redesign took 60 days. John credits the fast-paced success to

the firm’s ability to evaluate a design and change it to a lower cost. He also

praises the contractors who worked with TN Ward, “many of whom are

ACCNJ members,” he says. “This was a full union project. We are a union

contractor, and we have committed ourselves to that.”

“We prefer union construction,” David affirms.

John views that commitment as the company’s contribution to New

Jersey and Atlantic City: TN Ward supplies good-paying jobs and by doing

so supports the local economy. As John explains, employees come from

Atlantic City and the surrounding towns, a local workforce source that is

readily available, thoroughly trained and taught to keep safety the priority.

That workforce then buys homes, services and goods locally – “We all stop

for coffee at Wawa on our way to work,” he laughs.

Relying on ACCNJ “A Real Plus”

John is quick to praise the Association and its all-union contractors as a

benefit to TN Ward’s business.

“ACCNJ brings a lot of value,” he says, “especially through the direct con-

tact with labor. If we have an issue, the problem is solved within hours,

even minutes. No work stoppage – the problems are resolved.”

He is equally enthusiastic about ACCNJ’s “hands-on with legislators – a

real plus for members.” And he credits the Association’s safety programs and

other events as “a good opportunity for any member to take advantage of.”

Staying “Ahead of the Curve”

In 100 years – 40 of which included David Panichi – TN Ward has thrived

by adapting to changing market conditions. One key element has been

adopting technology.

“We believe you have to stay ahead of the curve,” David smiles. “With

BIM certifications – we have certified staff. With robotics.”

But David also credits the firm’s interns with keeping TN Ward

moving forward. Through the company’s co-op program, students earn a

Sands Hotel & Casino, originally the Greate Bay Hotel & Casino. (Courtesy of TN Ward Company)

Greate Bay Hotel & Casino, later rebranded as Sands Hotel & Casino. (Courtesy of TN Ward Company)

Oakmont Fire Company No. 1 (Courtesy of TN Ward Company)

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24 | New Jersey Construction | Spring 2019

Member Profile: TN Ward

semester’s worth of credits by working full-time at TN Ward for the

three-month period.

“We learn from these young people just as they learn from us,” he says.

The interns absorb the TN Ward culture – and often return to work for the

company after graduation.

Company Culture for the Common Good – in AC

The culture as David describes it is a “big team working for the common

good…comfortable, built on honesty and integrity.” Perhaps most impor-

tant, the TN Ward team is “humble,” he says, “100% dedicated to our proj-

ects. Because it’s the projects that must impress.”

Hard Rock Hotel & Casino Atlantic City (Courtesy of Hard Rock Hotel & Casino Atlantic City)

Showboat Premier Lite (Courtesy of Friedmutter Group) Norristown Senior High School (Courtesy of TN Ward Company)

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Spring 2019 | New Jersey Construction | 25

The Rest of the History: “Centuries Ahead…”

David Panichi, Chairman and CEO, and John Devecchio, head of

the Atlantic City office of TN Ward, clearly prefer to discuss the

immediate past, the present and future. But the past, under the

direction of only three men, is also illustrious.

Frank H. Wilson, a Scranton, PA, native and carpenter by trade,

founded the Frank H. Wilson Company in 1918. Its first project was

a firehouse (cost: $14,000), but the bulk of the business in its first

quarter-century was residential – nearly 200 upscale homes along

Philadelphia’s Main Line.

War Years and After

World War II switched the business to commercial endeavors for

the war. Frank developed an efficient assembly-line process for

building wooden barracks – a process documented and repli-

cated across the US. The company built the New Castle (PA)

Barracks, Atlantic City Naval Base, Millville Army Base and

Woodbine Navy Barracks.

After the war came more commercial and institutional construc-

tion. The company’s time line is dotted with familiar names:

University of Scranton, Haverford College, Fort Dupont Tilton

Hospital, Bryn Mawr Trust, Presbyterian Children’s Village,

Freedoms Foundation at Valley Forge (the 1962 dedication was

attended by President Dwight D. Eisenhower).

New Owner, New Name

In the 1960s, Frank Wilson passed daily operations of the com-

pany to T. Newton “Newt” Ward Jr., a US Army vet who joined the

firm in 1953 and eventually bought it in 1971, changing the name

to TN Ward Company following Frank Wilson’s passing in 1979.

Under Newt’s direction, the building emphasis became schools

and institutions, beginning with Norristown (PA) High School in

1971. The Delaware County Regional Sewage Authority’s treat-

ment plant in Chester (PA) changed the course of the Delaware

River! In 1972 came the first residential tower in Southern New

Jersey, Gardens Plaza Condominiums in Ocean City (the founda-

tion was poured at low tide). David Panichi joined TN Ward

Company in 1979 and worked on the Greate Bay Hotel & Casino

(later rebranded as Sands Hotel & Casino) – the first newly con-

structed casino in Atlantic City – that was completed ahead of

schedule and under budget, of course. The success of this project

solidified TN Ward’s position in the casino industry and was the

catalyst for TN Ward opening a regional office in New Jersey.

Moving into the 90s the firm's casino building continued with the

construction of the Showboat New Orleans Hotel in Atlantic City.

TN Ward also fast-tracked a corporate center in Pleasantville, built

a special services school in Cape May Courthouse that was the

largest in the country in 1990, and constructed its first aquarium,

Ocean Life Marine Center in Atlantic City’s Historic Gardner’s Basin.

A Galaxy of Success

Many more projects, many more successes. In 1998, Newt Ward

officially transitioned ownership of TN Ward to David Panichi. The

building continued throughout the next two decades, in

Pennsylvania, New Jersey, Delaware, Tennessee and Maryland,

creating and adding onto many well-known structures. TN Ward

projects star the landscape across the borders.

As John Devecchio eloquently concludes, “At the end of the day,

to see a building you helped create, it’s pretty cool.”

And for David, “I’m most proud of the outstanding people in our

industry – good, solid, hardworking.”

(See Centuries Ahead…Celebrating 100 Years at

http://tnward.com/celebrating-100-years)

He is also pleased to characterize the company as a general contractor.

“A GC can be a CM,” David explains, “but a CM can’t be a GC. We take the

lead on projects, and we want the owners to think we’re smarter, special. All

awards are important to us – we’re very pleased to receive every single one.”

John adds the corporate sense of fairness “goes a long way” with the

team. Because of it, “people become part of the program.” They’re engaged

in the business of building.

TN Ward is also engaged in Atlantic City.

“I truly believe in Atlantic City,” affirms John. “I think there’s a good

outlook for it. There are incredible restaurants here, an incredible

Boardwalk, and of course that big pond out there. Yes, there are issues,

but nothing that can’t be fixed if we all work together.”

David backs up John’s enthusiasm: “TN Ward believes in Atlantic City

and South Jersey. We’re here, we’re invested, and we’re not going anywhere.” Ocean Life Marine Center (Courtesy of TN Ward Company)

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26 | New Jersey Construction | Spring 2019

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28 | New Jersey Construction | Spring 2019

Giving Back Bonus

Railroad Construction Travels 4,000 Miles to Build a Bridge By Abby Adams, Associate Communications Director

In the rural and impoverished tiny town of Yauri Totora, Bolivia, an

elderly man watched from afar as a footbridge was built over a danger-

ous river at the bottom of a steep ravine. When the bridge was com-

plete, the man approached it to cross, and as he did, he expressed his

thanks, for he could finally get to church safely.

The lack of a footbridge never stopped the fearless, the young and the

healthy from crossing the ravine, inching along a piece of rope or climbing

up and down the walls of the ravine, often barefoot. But when ACCNJ

member Railroad Construction Company, Inc. (RCC) of Paterson gathered

a 10-person team and embarked on a journey to Bolivia, crossing got a

whole lot easier and safer for all.

The opportunity to travel to and build in Cochabamba, Yauri Totora’s

province, was presented to RCC by Bridges to Prosperity. The nonprofit con-

nects communities around the world with footbridges, which with the proper

support are easy to build and have a long-lasting impact. As part of the com-

mitment to the footbridge, the residents of Yauri Totora helped in the build-

ing process and hosted RCC during the process. In a land so rural, some

people travelled four to five hours by foot to be a part of the construction.

The co-workers of RCC are no strangers to volunteer work, but the foot-

bridge project in Yauri Totora, 4,060 miles from Paterson, is the farthest

volunteer work has ever taken them. For RCC employee Lauren Elsaesser,

this was her first time traveling abroad, and an adventure it was. With this

inspiring opportunity came challenges and adaptations that added to the

unique experience.

“How the other half of the world lives is

something I wouldn’t believe if I hadn’t seen it

myself,” said Lauren. “Bridges to Prosperity is

doing a wonderful thing and I think more compa-

nies need to get involved. It was well-worth it for

RCC, and it was well-worth it for the 10 of us to

gain the experience.”

“We really went back to the basics in life,” said

Julia Abramova, one of Lauren’s co-workers. “In

terms of living, we went into one of the poorest

rural areas. They had a couple of buildings for the

school and inconsistent running water. People live

in small, hand-built huts. Adapting to this culture

and understanding how simple life can be really

shows you how what you have (in your own life) is

enough and you should be grateful.”

Work in progress – the footbridge spans 53 meters, just under 174 feet.

A co-worker watches as the group works together to complete the footbridge.

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Spring 2019 | New Jersey Construction | 29

Three hours away from any “normal” way of life

and at 14,000 feet above sea level, the group had to

adapt culturally and physically. They were vaccinated

and equipped with medications to help them adjust to

the elevation and changes in diet. They wore layer

upon layer of clothing to help them face the cold, and

they arrived prepared with nonperishable foods to

eat during their stay. They were led by a Bridges to

Prosperity staff member, Mariale Rodriguez, who

helped the group with the language barrier – espe-

cially when it came to the language of construction.

The team reverted to the basics in terms of work,

too. The footbridge was constructed mainly of steel

and wood. The team brought three crates of tools,

harnesses, hardhats, work boots and sleeping bags.

Co-workers were tied off and equipped with all

necessary safety equipment before braving the height of the new bridge.

“Building there was completely different,” said Lauren. “There is no

heavy equipment, no power tools; everything had to be done by hand.”

While the challenges were plentiful, the group found the rewards

greater. The experience was eye-opening and the people of Yauri Totora

were extremely grateful for the team’s work. They expressed their gratitude

by building the team a shower, performing an animal sacrifice to serve at a

celebratory meal, and kneeling in prayer.

Railroad Construction Company has created an infrastructure for people

who now have more access to land they can farm. Children from other

communities have access to the school and, like the elderly man who

patiently watched the construction, others can finally get to church safely.

As construction came to a close, Gene Sullivan and Julia Abramova left a local child with a toy to remember them by.

The Railroad Construction team stands together on the nearly completed foot bridge in Yauri Totora.

We Congratulate these

RCC employees for their

great work in Bolivia • Julia Abramova

• Anthony Allgood

• Luz Carrillo

• Marc Coogan

• Nikola Dukleski

• Lauren Elsaesser

• Brian Lane

• Manny Sousa

• Eugene Sullivan

• Scott Vesper

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32 | New Jersey Construction | Spring 2019

Member News

Member News: Spring 2019

Awards, Achievements and Announcements

at Railroad Construction

Railroad Construction Company proudly

announces awards and achievements among

its staff:

• Yunus Atlas earned his PE license in the

State of New Jersey

• Michael Bacsik earned his PE license in

the State of New York

• Mike Sadowski received the 2018

Matthew Klemchalk Memorial

Co-Worker of the Year Award

In more news, RCC has opened a new office in Delaware, hiring track

foremen, track laborers and equipment operators. The new location will be

working under the “National Railroad Maintenance and Construction

Agreement,” a union shop that will support the local short lines and pri-

vately owned rail-served industries in Delaware, Maryland and the region.

On January 2, RCC welcomed Arthur B.

Corwin, PE, as Co-President. Art has more

than 40 years of experience in the construc-

tion industry and has served in various posi-

tions for multiple industry organizations,

currently serving as Secretary of the ACCNJ

Board of Trustees and President of the

General Contractors Association of New York.

Charles J. Montalbano, PE, joined RCC on January 14 as Vice President

and Operations Manager. Charlie has spent more than 30 years in the

heavy construction industry, having managed

projects totaling more than $1 billion in the

New York/New Jersey metro area. He is

involved in several professional industry

organizations, including the Moles, where he

currently serves as Treasurer. Charlie is also

the former Director of Labor Relations for

GCA of New York.

Drill Construction Announces IT Promotion

Drill Construction Co., West Orange, is pleased to announce the promo-

tion of James O. Gagnon to Vice President,

specializing in Telecommunication

Infrastructure and Network Construction.

Mr. Gagnon joined the firm in 1997 as

Assistant Project Manager, was promoted to

Project Manager in 1999 and Senior Project

Manager in 2004. As Drill Construction

expanded, Mr. Gagnon also assumed respon-

sibility for the company’s telecommunications work in its Northeast

Region, which encompasses New England, Pennsylvania and Ohio.

“Mr. Gagnon’s work in the industry has contributed greatly to

Drill Construction’s reputation for excellence, honesty and customer

service,” said Philip Drill, CPE Chairman. “We celebrate this promotion

with him and look forward to many more years of continued excellent

service for our clients.”

Withum’s McNulty Recognized

Diane McNulty, Withum’s Construction

Services Team Leader, was recognized as a

2018 Top 25 Leading Women Intrapreneur by

Leading Women Entrepreneurs. The recogni-

tion honors women business leaders within

large corporations who turn ideas into prof-

itable finished products through assertive

risk-taking and innovation.

Withum Expands Cyber Services

Withum recently expanded its Cyber-

Intelligence Advisory Services to include a

dedicated team of information security and

risk professionals fluent in a wide range of

global technology-based and critical infra-

structure services. Led by partner Matthew

Ferrante, a former top Electronic Crimes

Special Agent with the United States Secret

Service, the group is a strategic value-add for

Withum’s highly regarded Forensics and Valuation Services team.

Mike Sadowski

Art Corwin

Charlie Montalbano

James O. Gagnon

Diane McNulty

Matt Ferrante

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Spring 2019 | New Jersey Construction | 33

HazTek Welcomes Fall-Protection Expert

When HazTek Inc. brought on safety specialist Dan Kane as a Principal

Consultant, the firm knew his expertise in fall protection, rescue equip-

ment and PPE would be extremely beneficial

to clients – but HazTek also saw him as a

valuable resource to professional associations,

the safety community and his peers.

With nearly three decades of professional

safety experience, Dan has worked for some

of the largest manufacturers of fall protection

and PPE in the world. Most recently, he was

Director of Safety Services at Diamond Tool in Philadelphia, where he

specialized in the evaluation, design, layout, sale and implementation of

fall protection systems. His knowledge has been instrumental in the design

of systems and solutions for companies and universities through the US

and he has often been called up to train product-testing engineers, as well

as provide consultations, assessments and professional reviews.

Peckar & Abramson Introduces New Senior Counsel

Peckar & Abramson is pleased to announce Michael Schewe has joined the

firm’s New Jersey office in River Edge as Senior Counsel in the Labor &

Employment practice.

Mr. Schewe has significant experience in all aspects of immigration law,

labor and employment law and related compliance. Knowledgeable about

the intricacies and regulatory requirements of

immigration compliance, Mr. Schewe pro-

vides employers with I-9 training sessions,

internal self-audits and representation in the

event of government audits. He received his

law degree from Seton Hall University School

of Law and a bachelor’s degree in Philosophy

and Political Science from Marist College. He

can be reached via email at [email protected] and by phone at

201.343.3434.

Genova Burns Countdown of Top 30

Legal Developments in NJ

As Genova Burns LLC of Newark celebrates its 30th anniversary and

launches a new website, it will feature a countdown of 30 of the most signif-

icant legal developments in New Jersey history. Visitors to the website,

www.genovaburns.com, can find a new legal event, decision or figure each

week, beginning with #30 and counting down to #1, the most significant.

Vericon Builds Ownership Team

Robert Mikell and Justin Hermey, both Senior Vice Presidents of Vericon

Construction Company, have been inducted into Vericon Construction

Company’s Ownership Team.

Mikell, who has more than 20 years of

experience in the construction industry, is

based at Vericon’s corporate office in

Mountainside and has had various project

management and executive leadership roles.

He has been involved in design-build projects,

renovations, roll out programs and ground up

facilities within the financial, hospitality and

healthcare industries. Mr. Mikell is instrumental in the day-to-day opera-

tions in Vericon’s Northeast sector and will continue to expand his involve-

ment in addition to overseeing his project management teams.

Hermey, based in Vericon’s Orlando office,

brings more than 15 years of construction

experience to Vericon. Starting as the

Regional Manager, Hermey was tasked with

establishing the company’s first Florida office.

He has been an integral part of Vericon’s

expansion throughout the Southeast, opening

two additional offices in Fort Lauderdale and

Atlanta. His primary responsibility is overseeing Vericon’s four regional

offices while he continues to expand Vericon’s industry portfolio with

Fortune 500 companies.

Post Surety Bonds Merges with BCA Insurance Group

BCA Insurance Group of Marlton announces its merger with Post Surety

Bonds of Medford and has named Post Surety’s owner and president, Lisa

Post, director of its newly formed Surety Division.

With the merger, BCA Insurance provides a broad range of bonds and

services to large, medium and emerging contractors as they bid and

complete public and private

projects. These include contract

bonds, probate/court bonds, site

performance bonds, commercial

surety bonds and miscellaneous bonds, along with timely accurate bond

preparation, financial strength analyses and subcontractor review.

BCA Insurance, founded in 1954, has offices in Marlton and Northfield.

Visit online at www.bca-insurance.com or call 856.242.5479.

Dan Kane

Robert Mikell

Justin Hermey

Michael Schewe

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34 | New Jersey Construction | Spring 2019

Member News

Moretrench Welcomes New Water

Treatment Division Manager

As we told you in the March Industry Update, ACCNJ member

Moretrench, A Hayward Baker Company, is pleased to announce the

addition of Ed Carter as the new

Groundwater Treatment Division Manager.

Under Carter’s leadership, Moretrench con-

tinues to provide turn-key water treatment

service, hand-in-hand with the firm’s dewater-

ing and geotechnical construction services.

Carter has both operational and technical

experience in the groundwater/environmental treatment industries. He

works at the Moretrench headquarters in Rockaway and can be reached at

973.627.2100 x 296 or by email at [email protected].

NFP Promotes John Hyland

NFP, insurance broker and consultant, is pleased to announce John Hyland

is assuming leadership of the firm’s surety division. John had been a princi-

pal of The Hyde Agency and brings more than three decades of experience

in the surety industry. He is well-versed in the placement of large construc-

tion surety bond programs.

J. Fletcher Creamer Sr.

Elected to NJ Hall of Fame

J. Fletcher Creamer Sr., former Chairman of ACCNJ member J. Fletcher

Creamer and Son, has been posthumously elected to the New Jersey Hall

of Fame, Class of 2019, in the Enterprise

category. Fletch Sr. supported New Jersey

in more ways than one: he served as a

firefighter, chairman and director of the

NJ Alliance for action, honorary member

of Bergen County Police Chiefs

Association, foundation member and

director of the 200 Club of Bergen County

and finance chairman and director of

D.A.R.E. New Jersey. ACCNJ extends congratulations to Fletch Sr.’s family

for this outstanding honor.

Edward Carter

J. Fletcher Creamer Sr.

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PENNSYLVANIA NEW JERSEY NEW YORK DEL AWARE WASHINGTON, DC KENTUCKY

George E. Pallas | [email protected]

Shawn R. Farrell | [email protected]

Michael F. McKenna | [email protected]

BUILDING SUCCESS

BUSINESS TRANSACTIONS

COMMERCIAL LITIGATION

CONSTRUCTION

CONSTRUCTION CONTRACTS &

RISK MANAGEMENT

ENERGY & UTILITIES

FINANCIAL SERVICES

GOVERNMENT CONTRACTING

GOVERNMENT LAW &

REGULATORY AFFAIRS

GREEN BUILDING

INSURANCE COVERAGE &

RISK MANAGEMENT

INTERNAL INVESTIGATIONS

LABOR & EMPLOYMENT

REAL ESTATE

WEALTH PRESERVATION

www.cohenseglias.com

ATTORNEYS AT LAW

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36 | New Jersey Construction | Spring 2019

Giving Back

Our Members Give Back with Care

Our members are generous of their time and

resources, and supportive of their communities.

We are honored to share your spirit of

volunteerism with the ACCNJ community. Genova Burns Celebrates 30 Years with Special Program

As part of its 30th anniversary celebration, Genova Burns LLC of Newark is

offering a unique “pre” pre-law “glimpse at the industry” for 30 Newark

high school seniors considering a law career. Launching this fall, the stu-

dents will participate in a bi-monthly educational seminar series that

allows them to gain a comprehensive look at the legal industry through the

eyes of the firm’s attorneys and industry colleagues.

The seminars will cover some of Genova Burns’ primary service areas,

including employment, labor, commercial and business litigation, real

estate, corporate political activity and election law, crisis management and

government affairs. Supporting the series will be outside speakers.

Railroad Construction’s

Amy LaRocco Gives Back

Railroad Construction

Company is very proud to

announce Amy LaRocco was

honored with the very first

Keep Walking Community

Foundation Agents of Change

“Gift of Humanity” Award on

February 1, in recognition of

her outstanding contribution

to the community.

Railroad Construction Strides for Humanity

Strides for Humanity is a brand-new organization, the brain-child of

runner Dr. Larry Grogin, who aims to run nearly 3,000 miles across coun-

try in 94 days, raise $1 million for Oasis – A Haven for Women and

Children, and celebrate the power of humanity. The campaign fosters an

appreciation for diversity, compassion and kindness. Through this effort,

Larry hopes to facilitate unity and understanding among the many diverse

people of this country, and inspire others to believe in themselves, embrace

one another and live their healthiest, happiest lives.

Larry’s friendship with Jennifer Brady, Executive Director of Oasis,

exposed him to the altruism of the chairity. This led to his choosing Oasis as

the recipient of funds raised. Larry’s friendship with Al Daloisio, owner of

Railroad Construction Company

(whose donations help support

Oasis), led to RCC employee Sean

Tobin being asked to help plan

and market the run.

The run will launch from Oasis

in Paterson on July 19 and travel

across the country, tracking

31 miles each day until it reaches

its endpoint in Ventura,

California, on October 20. Sean

will run 10 miles from the starting

point and encourages others to

run, walk or bicycle the route,

“as much as you want.”

For details, videos, a map of the route and a link to donate, visit

http://www.stridesforhumanity.org/.

Amy LaRocco

From left, Sean Tobin; Trisha Dugan, Strides for Humanity Committee Member; Larry Grogin; Jennifer Brady, Executive Director of Oasis.

Al Daloisio, owner of Railroad Construction Company, with Sean Tobin at Strides HQ.

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Spring 2019 | New Jersey Construction | 37

Ferreira Gives…

Ferreira Construction Co., Inc., of Branchburg, encourages a culture of giv-

ing back to the community. Each year, employees participate in company-

sponsored events and programs. The “Ferreira Elves” program allows

employees to help in numerous ways…

• Buy gifts for families in need

• Donate new clothing to the “Bridges Outreach Program,” which helps

the most vulnerable homeless in New Jersey and New York

• Pick seasonal fruits and vegetables to donate to families in need

through “Grow-A-Row”

• Volunteer at Camp Fatima, New Jersey’s only all-volunteer, one-on-one

camp for handicapped children

• Sponsor food drives to support the ever-growing needs of local

food banks

Withum Week of Caring (#wwoc)

During Withum’s annual Withum Week of Caring (#wwoc), more than

700 team members devoted 2,500 volunteer hours to more than

50 organizations across seven states – New Jersey, New York, Pennsylvania,

Florida, Maryland, Massachusetts and Virginia. The company is thankful

its team members can support these organizations with their missions

through volunteerism.

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38 | New Jersey Construction | Spring 2019

Safety

Safety Day 2019: Changing the Culture By Jill Schiff, Executive Director of Operations, ACCNJ

After seven years of hosting Safety Day, ACCNJ continues to see

an increase in management’s participation. The day usually

boasts an abundancy of craftworkers from a variety of trades

along with members’ safety professionals, union training center represen-

tatives and our OSHA partners leading an activity or providing a well-

deserved recognition at locations throughout New Jersey. This year was

different – in a good way.

Project owner representatives, contractor owners and senior manage-

ment were front and center with a common sentiment – if you see some-

thing that needs to be corrected, say something. With that message

resonating with the craftworkers, you could see the optimism created as

they asked questions, shook hands and thanked each other for their com-

mitment to making the jobsites safe – another step forward in changing the

culture and mindset toward the importance of construction safety.

Here is a sample of this year’s Safety Day activities, held April 18, 2019:

Schiavone

Safety Day at Schiavone’s Grand Central Terminal project was kicked off

with a site-wide Stand Down where Schiavone EH&S Director Joseph

Rogosich and Executive Vice President of Operations Geoff Fairclough

spoke about the importance of safety in the workplace. Schiavone wel-

comed OSHA Compliance Consultant Heinz Wendorff, who spoke on

working while distracted and cracking down on cellphone use. When the

Stand Down was complete, breakfast was provided for all.

J. Fletcher Creamer & Son, Inc.

More than 700 union construction craftworkers and employees partici-

pated in ACCNJ’s Safety Day through J. Fletcher Creamer & Son. In presen-

tations, special attention was given to avoiding complacency, the

importance of traffic controls, excavation safety, PPE and the need for plan-

ning and communicating. Management encouraged craftworkers to abide

by the popular slogan, “If you see something, say something,” regarding

safety on jobsites.

Northeast Remsco

Employees at the MCUA Treatment Plant Expansion Project in Sayreville

started their day with breakfast and a toolbox talk. Leadership provided a

safety demonstration and welcomed an open conversation with the crew

about safety.

Railroad Construction Company

Senior management of Railroad Construction Company, Beach Electric

Company, RCC Fabricators and RCC Builders & Developers visited their

New Jersey projects throughout the state. Each discussion focused on the

inherent hazards and risks construction workers face on a daily basis.

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Spring 2019 | New Jersey Construction | 39

Simpson & Brown

At the Port Newark Container Terminal, Simpson & Brown focused on

safety regarding the equipment onsite such as the large rubber tire gantry

cranes and the pile monkey. The crew was also reminded of their stop work

authority and to work safely at heights.

Vericon

Vericon Construction Company had more than 350 attendees across six

offices participating in the ACCNJ’s Annual Safety Day. Superintendents

held ToolBox Talks with their team, including subcontractors on site. In

addition to focusing on jobsite safety and recognizing hazards, the Toolbox

Talk placed a strong emphasis on fall protection. Vericon continues to

stress that everyone on a jobsite is responsible for safety and has the

authority to stop unsafe work. Vericon’s President, Stephen Mellett, said,

“We want you to go home in the same condition as you arrived. Everyone

can prevent an accident from happening.”

Torcon

Torcon, Inc. participated in ACCNJ’s Safety Day at the firm’s LabCorp

Project in Raritan and the Carteret Performing Arts Center.

Representatives from ACCNJ were at both sites to address the workers,

and Mike Corbett, OSHA Compliance Assistance Specialist, visited the

LabCorp facility. Safety appreciation luncheons were held at each site and

workplace safety, particularly fall protection and the upcoming national

stand down, were discussed.

Vollers

Designed to refocus the attention of workers on the key elements of staying

safe on the job, Vollers put together a comprehensive training demonstra-

tion for Safety Day. The presentation gave special attention to the four

leading causes of injury and fatality on construction sites: falls, struck-bys,

electrocutions and caught-inbetweens.

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40 | New Jersey Construction | Spring 2019

Safety

Union Paving

Union Paving chose three words to symbolize a safe work environment:

“planning, communication, commitment.” Leadership visited each site and

took the opportunity to talk about the power of choice and falls in the

workplace. They also used the platform to thank their workforce for their

hard work and commitment.

Waters & Bugbee

Waters and Bugbee collaborated with Laborers Locals 172 and 472 Safety,

Education, and Training (S.E.T.) team to put together an informative yet

fun hour-long session to acknowledge Safety Day. The team touched on

many of the pressing issues members have seen working for an under-

ground utility contractor. Topics included spotter use, work zone safety,

underground pipe protection and the importance of PPE compliance. The

discussion was followed by “Safety Trivia,” with safety-themed giveaways.

West Bay

On the first day of a new project in Brigantine the team took a few minutes

to discuss safety. Safety leaders reminded the crew to be aware of their

surroundings and focus on the task at hand.

Construction Craft Laborers of New Jersey & Delaware

As the Laborers embark on their newest pilot program, Safety Leadership

Training, participants took a minute to pose for a photo at the Jamesburg

Training Center. These individuals have given their personal time to partici-

pate in the program. Having completed seven sessions so far, they are assist-

ing with the direction of the curriculum to be used by future classes. We

wish them the best of luck as safety professionals and thank them for their

dedication to create a safe work environment for all union craftworkers!

Thank You!

We thank all our Safety Day 2019 participants for your

commitment to protecting your craftworkers and

management staff, every day on every jobsite.

Wm. Blanchard Co. • J. Fletcher Creamer & Son

EE Cruz • Eii Inc. • Epic Management Inc.

Fitzpatrick & Associates • Hall Construction Co.

JK Crane • Edward Leske Co. • Laborers Local 172 SET

Laborers Local 472 SET • Macedos Construction NJ

Laborers Training & Education Fund of NJ and DE

Mass. Electric Construction Co. • Moretrench

Joseph A. Natoli Construction Corp.

Northeast Remsco • Railroad Construction Co.

Schiavone Construction Co. • Simpson & Brown

Torcon Inc. • Traffic Safety Services

Trevcon Construction Co., Inc.

Vericon Construction Co. • Vollers

Walsh Construction • TN Ward Company

Waters & Bugbee Inc. • West Bay Construction Inc.

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Spring 2019 | New Jersey Construction | 41

Joint Safety Training: Two Trades Make a Team By Abby Adams, Associate Communications Director

Christian Salcedo’s last day of his four-year apprenticeship for Dockbuilders

Local 1556 was spent in joint training with the Operating Engineers

Local 825. His love of the outdoors led him to the Dockbuilders and he

has never looked back. He acknowledges that working and training with another

trade has been beneficial.

The course begins with a classroom hour each day at 6:30 AM, during which the

apprentices are briefed on safety and the day’s activities. “We look out for each other,”

said Christian. “Two trades working together means they are looking out for us and

we are looking out for them.”

This is the eighth year the joint training course has taken place, but it proves success-

ful time after time. “Working with the Operators is like working as a team in the field,”

Christian added. “We are learning to focus and make sure we are on the same page.”

The joint course only lasts one week, but the knowledge and experience of working

with other trades in the field lasts an entire career.

Member Safety News Trevcon Wins National AGC Safety Award

ACCNJ member Trevcon Construction Company Inc. of Liberty Corner,

New Jersey, was honored for

having one of the nation’s

best construction safety

and wellness plans last year,

receiving a Second Place

Award in AGC of America’s

Willis Towers Watson

Construction Safety Excellence

Awards in the Heavy Civil Division, 300,000-500,000 work hours. The

awards were announced at AGC’s convention in Denver in early April.

Railroad Construction Receives NRC Safety Award

Railroad Construction Company of Paterson received the 2018 National

Railroad Construction & Maintenance Association’s Platinum Safety

Award, scoring a perfect 100 out of 100 points. The award is presented to

NRC contractor members with strong workplace safety programs and a

commitment to safety.

Wm. Blanchard Co. Appoints Construction Safety Director

Curtis Jones, recently appointed Director of Construction Safety for Wm.

Blanchard Co. in Springfield, began his industrial safety career in the

United States Coast Guard in 1978. A quali-

fied Boat Crewmen and Engineer, he served

20 years in various roles, including as a

Federal On-Scene Representative for several

environmental incidents such as the 1989

Exxon Valdez oil spill.

Upon retiring from the Coast Guard, he

moved to New York and joined the New York

City Department of Environmental

Protection. He has also worked for Welsbach Electric Corp., where he

served as a Safety Manager on the New Tappan Zee Bridge. Mr. Jones has

been employed with Wm. Blanchard Co. for the last three years and focuses

on institutional healthcare work.

A Certified Construction Health and Safety Technician, Mr. Jones is also

certified in 40-Hour Hazardous Materials. He is an active member of the

American Society of Safety Engineers, an OSHA 500 outreach instructor,

and a Delegate for the Hudson River Valley Chapter of the American

Society of Engineers.

Curtis JonesTrevcon receives AGC award

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Spring 2019 | New Jersey Construction | 45

of S out h J e r s ey

Bui

ldin

g Contractors Association

C E L E B R A T I N G O U R

63rd Year!C E L E B R A T I N G O U R

64th Year!

Ours is a proud tradition of service and commitment to our Members

304 Harper Drive, Suite 110 Moorestown, NJ, 08057 | f 856.235.2136 | p 856.235.6950 | e-mail: [email protected]

Since 1955 the BCASJ has dedicated its energies to supporting its

signatory members by providing a networking forum for contractors,

labor, material suppliers, and professional service firms.

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Students learn to carefully place bricks and mix mortar as an introduction to the “trowel trades.”

Plumbers & Pipefitters find opportunities in interesting places – and technological advances continue to expand the options.

Larger-than-life banner greeted visitors at the entrance to the New Jersey Convention & Expo Center in Edison.

Just as this student discovers, apprentices use virtual tools to learn painting and a host of other skills.

Students help Ivan Carrion, Building Laborers Instructor, construct a model scaffolding, used in many building projects.

46 | New Jersey Construction | Spring 2019

HeadingConstruction Industry Career Day 2019

It sounds chaotic – hundreds of voices, dozens of power tools, many

hammers and trowels and metal pipes filling the New Jersey

Convention & Expo Center in Edison. It’s this year’s Construction

Industry Career Day – a two-day event May 28 & 29 that attracted nearly

3,000 visitors, including high school students from all 21 New Jersey coun-

ties. Representatives in 30 booths greeted students, parents, educators, vet-

erans, the unemployed and underemployed and people looking for a career

change. Nearly every building trade presented the advantages of a union

craftworker career – good wages, a paid apprenticeship program, health

and retirement benefits. For those seeking a path into management, college

representatives were on hand to discuss the construction-related degrees

they offer. Enjoy our photo story of CICD 2019!

Construction IS a Great Fit

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Two Ironworker locals cover the state, Local #11 and Local #399. Both are proud sponsors of CICD.

Harry Silverglate of Local 472, Heavy/Highway Laborers, demonstrates a pipe-fusing machine used in natural gas work to a student visitor.

Spring 2019 | New Jersey Construction | 47

Thank you to all the CICD sponsors

who made the event happen!

• Associated Construction Contractors of New Jersey

• Bricklayers & Allied Craftworkers ADC of NJ

• Building Contractors Association of South Jersey

• Carpenter Contractor Trust

• Construction Roundtable of NJ

• Drywall & Interior Systems Contractors Assn. of NJ

• Engineers Labor-Employer Cooperative

• Finishing Trades Institute of New Jersey

• Heat & Frost Insulators Local 32

• IBEW Local 102 JATC

• Ironworkers #11 & #399

• Laborers International of North America

• Masonry Contractors of NJ

• Mechanical Contracting Industry Council of NJ

• NJBCTC YTTW & H2H

• NJ State Association of Pipe Trades

• NNJ Chapter, Nat’l. Electrical Contractors Assn.

• Sheet Metal Workers Local 25

• UTCA/UCIAF

A real working crane, fun giveaways and lots of information drew a crowd to the Operating Engineers, Local 825 booth.

Carpenters present the Sisters in the Brotherhood program, designed to mentor and guide women through a traditionally male-dominated career that is rapidly diversifying!

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Spring 2019 | New Jersey Construction | 49

HeadingAssociate Member Expertise

The Collaboration Conundrum By Rocco Parisi, Principal, ZenTek Consultants

Collaboration: one of the most popular buzz words in modern

business marketing. You see it in every ad, article, video and

white paper within the Architecture, Engineering & Construction

community. Problem is, every single reference has a different meaning and

approach on how to handle it. They tell you how vital collaboration is, and

that it’s the key to higher profits and all of us becoming fabulously wealthy,

but they’re always vague on what collaboration really means, and how to

accomplish it. I’m going to break it down into a simple, understandable

concept we can all use!

The Concept

In the AEC world, collaboration really breaks down to two simple concepts:

• Sharing files with other people for review and information

• Working on the same file at the same time as other people

Simple, right? It really is, but as with most simple concepts the devil is in

the details. At some level, we’ve all been collaborating for as long as we’ve

been working. These concepts aren’t new (despite what marketers wanna tell

us!): We’ve always shared files with co-workers, clients and consultants.

The difference is that modern technologies, like Office 365 and Bluebeam

Revu, give us the ability to handle collaboration a lot more efficiently.

The Process Simplified

With collaboration, it’s all about process. Far too many of us are still using

out-of-date tools, like email, which is a slow and error-prone procedure.

Emails (especially with attachments) can get caught in SPAM filters and

lost for days, if not permanently, delaying responses and eventually delay-

ing entire projects. Sharing multiple copies of the same file with different

people/firms regularly leads to pricing disputes and legal battles because

people are looking at out-of-date and/or inaccurate documents.

Collaboration (with a capital ‘C’ for this discussion) allows you to keep a

single copy of any document in a secure, controlled location, and gives

everyone who needs it the ability to access, edit or review that document

from that location. Think about the potential disaster avoided (not to men-

tion time and storage space saved!) simply because you haven’t emailed 30

copies of this file around the globe. You’ve established a “single source of

truth” where everyone is working with the same correct data. Modern

Collaboration tools like SharePoint Online also give you an audit trail to

keep track of who made changes/revisions along with the when, where,

and why of those edits. That is a priceless tool!

Multi-Person Without Mess

The other aspect of Collaboration is multi-person editing of documents,

which is often called “Co-Authoring.” All Microsoft Office 365 products

(Word, Excel, etc.) allow for co-authoring of documents, and tools like

Bluebeam Studio accommodate up to 500 people at a time co-authoring

and making markups/edits/reviews of construction documents.

Think of the time saved and headaches avoided when you remove from

your project reviews hundreds of emails bouncing back and forth with

changes, suggestions and poorly explained ideas. Collaboration tools let

folks add their own comments, sketches, even full-scale edits (if you give

the rights to do so) on any of your design/construction documents. Not

just that, but these co-authoring tools keep track of who makes each com-

ment and change, for permanent record and reporting.

Collaboration Set-Up Partner

The issue for AEC firms is which Collaboration tools to use, followed by

how to set up and implement those tools, and then train staff to use them.

It can be a huge undertaking for a busy company, even if you have in-house

IT staff.

ZenTek Consultants helps AEC firms Collaborate, communicate and optimize the entire design-build process, configuring and customizing workflows from initial concept planning to final client turn-over. Contact ZenTek Consultants at www.zentekconsultants.net or 866.824.4459.

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50 | New Jersey Construction | Spring 2019

HEAVY CIVIL • TUNNEL

DRILLING • MARINE

CONSTRUCTION COMPANIES

1433 HIGHWAY 34 SOUTH, B1 | FARMINGDALE, NJ 07727 | WWW.JAGINC.CO | 732.557.6100

REPUTATION • WORK ETHIC • TEAM ACCOMPLISHMENT

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Spring 2019 | New Jersey Construction | 51

Diversity & Compliance

When our members couldn’t find enough qualified DBEs to

satisfy state agency goals on public projects, we commis-

sioned a study from experts in the performance evaluation

of small, minority and diverse suppliers. EuQuant, as you know, deter-

mined in fact there are not enough qualified DBEs in New Jersey to do the

specialized work needed on state contracts.

There are, however, many DBEs who might become qualified with men-

toring and support.

To assist both DBEs and our general contractors, ACCNJ created a

new position, effective January 1 of this year, Director of Diversity &

Compliance. I’m pleased to be named as the first Director.

In the First Six Months…

Outreach has begun on many levels. We have visited the compliance

officers of our members – GCs, MBEs, DBEs, VBEs. We kicked off the

Association Diversity Council, whose members committed to improving

communication between GCs and DBEs and finding growth opportunities

for our certified DBEs.

Throughout the late winter and early spring, we met with the diversity

officers in state agencies to lay out our members’ compliance and reporting

challenges and emphasize the need for standardization of good-faith efforts

throughout all agencies. We also hosted meetings to bring the EuQuant

professionals face-to-face with state agency leaders so they could share data

and recommend solutions.

We opened partnerships with the African American Chamber of

Commerce, the Hispanic Chamber, the Capital Region Minority Chamber,

the New Jersey Veterans Chamber and the New Jersey/New York Supplier

Diversity Development Council (specific to the utility industry). We are a

sponsoring member of Professional Women in Construction. And we met

with the Business Development director at the Small Business

Administration to discuss our plans and aspirations so we may discover

partnering opportunities to pursue common goals.

Addressing Immediate Challenges

Much of our preliminary work has been on the public side, where aspira-

tional goals for MWVDBE participation continue to rise, driven in part by

dramatic increases from our regulatory neighbors in New York. One of the

most pressing needs for contractors to achieve compliance – comprehen-

sive, standardized MWVDBE certification databases – requires coopera-

tion among New Jersey state agencies.

However, our contractor members are increasingly finding inclusive lan-

guage in private project contracts. Our role in these instances is to help

members develop diversity plans and serve as a resource for information

and precedents.

We look forward to our third Diversity Conference October 10 and urge

our members to invite potential MWVDBE contractors who are or might

become certified with the state.

Outreach for Diversity, Working Toward Compliance By Carol Fulton, Diversity & Compliance Director, ACCNJ

SDDC Awards ACCNJ Members

At the Supplier Diversity Development Council’s 2018 Annual

Conference in October, two people from ACCNJ member �rms were

recognized for their work in promoting diversity.

Catherine Best, Compliance O�cer, Railroad Construction

Company, Inc., Paterson, received the 2018 SDDC Outstanding

Commitment Award.

Megan Carton, Director of Marketing, Ferreira Construction,

Branchburg, received the 2018 SDDC Outstanding Diverse

Supplier Award.

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56 | New Jersey Construction | Spring 2019

Associate Member Expertise

There’s traditional insurance and there’s self-insurance. And then

there’s a middle ground: alternative insurance strategies that pro-

vide coverage when it’s needed while helping you gain control

over your costs. Captives are one such strategy and can be used in both the

property and casualty arena as well as in the employee benefits space

through what’s called a medical stop loss captive.

Captives tend to have many similarities and can offer many benefits to

companies that fit the “captive model.” For privately held companies in the

construction industry, group captives for casualty exposures in particular

provide both risk management (claims management and safety) and finan-

cial benefits in both the short- and long-term.

At the Core of a Captive

In simple terms, it’s an insurance company owned and controlled by its

insureds, members or shareholders. Captive insurance companies are

licensed, regulated and capitalized, and can be set up either on-shore

(United States and its territories) or off-shore (Europe, Caribbean, Asia,

etc.). Similar to traditional insurance companies, captives must pass finan-

cial ratios to support their solvency.

Group captives have been very successful since their inception more

than 30 years ago and it’s very uncommon for a group captive to fail. Some

tend to call a captive insurance arrangement a “formalized form” of self-

insurance. Most important, captive insurance programs allow companies to

assume quantified risk while accessing reinsurance (or excess insurance) to pass

on the more severe risk and exposures to the traditional market.

Categories of Captives

A group captive (most often owned by its members) is created when com-

panies join together to form their own insurance company. Group captives

tend to work well for a privately held company looking for the benefits of a

captive without having to set up an individual captive and/or invest more

significant amounts of capital. Each member of a group captive has the

same financial obligations, and, in total, group captives grow and prosper

based on the performance of their members/owners.

A single parent captive (or pure captive) is an insurance company

owned by its parent company that insures risks of the parent and affiliated

companies. Single parent captives tend to be better suited for larger com-

panies, many of which currently fund large deductibles and have compli-

cated risks that a captive may be able to insure more efficiently.

A hybrid captive structure, also known as a segregated cell captive,

allows an insured to “rent” an individual “cell” that is financially supported

by a third party (usually another insurance entity). It allows entry into a

captive structure without direct ownership in the company.

Captive Insurance: A Potentially High-Impact Cost-Saving Measure By Travis Shaffer, Vice President, Construction Practice Group, and

Roger Ladda, Captive Practice Leader, Conner Strong & Buckelew

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Spring 2019 | New Jersey Construction | 57

Control, Costs, Coverage and Capacity

Each captive owner has its own strategy to gain from a captive insurance

arrangement. However, there tend to be common benefits sought by

captive owners, including:

1. Control over the insurance program and, in turn, over the market

in general (especially important for contractors in an industry with

limited insurance markets)

2. An improved risk-management program

3. Reduction and/or smoothing of premiums over the short-

and longer-term

4. Potential return of underwriting profit

5. Potential benefit of loss reserves and investment income

of loss reserves

6. Ease of program administration

7. Partnerships with various service providers, such as claims,

loss control, captive manager and consultants

In the captive industry, these benefits are grouped as the FOUR Cs of

captive insurance: Control, Costs, Coverage and Capacity. That is, control

over your insurance program and service providers, control over your costs,

control over the coverage(s) placed in the captive and the ability to build

capacity (equity) through sound underwriting, pricing and loss experience.

Captive members are also relieved from the typical insurance marketing

process that takes place every few years with traditional insurance programs.

Companies Fit for Captives

Companies looking for a long-term risk-financing strategy tend to migrate

toward a captive insurance arrangement. Privately held construction

companies that have a long-term commitment to safety/risk control and

the results to prove it (typically loss ratios <50%) find a captive program to

be a good fit.

Organizations with ownership and management that embrace an entre-

preneurial spirit are often more likely to consider an alternative insurance

program like a captive. Captives do also require some initial capital or col-

lateral in the form of cash, letters of credit or a combination of the two,

which means companies need to be financially sound to gain admittance.

If multiple privately held construction firms are paying casualty premi-

ums between $200,000 and $1,500,000 annually, they may be good

prospects for a group captive. Most group captives include workers com-

pensation, general liability and automobile liability (and physical damage)

in the program. These lines of coverage tend to be 60% to 70% of a com-

pany’s insurance spend and therefore are an opportunity. These coverages

can have some long-tail exposures (i.e., losses can sometime be paid out

over many years) and each captive owner gets the benefit of the float

(investment income of reserve dollars) in their own account.

In most cases, group captives entice members to continually improve in

the areas of safety and claims management because any money and invest-

ment income not being paid out for claims will be potentially distributed

to the captive members.

Crunching the Numbers

It is very simple for a company to see if a captive insurance program makes

sense from a numbers perspective. Five years of historical data are required

to develop a pro forma for a captive insurance program, including five

years of loss runs along with corresponding premiums for the lines of cov-

erage in consideration and five years of exposure information (sales, vehi-

cles, payrolls).

Typically, it’s quickly apparent if the numbers work in favor of a captive

or not. If the numbers do work, it’s the prospective member’s decision to

profit from the firm’s safety initiatives and best practices or remain in the

traditional insurance marketplace.

Conner Strong & Buckelew's Construction Practice Group handles the risk management needs for several construction companies in the Mid-Atlantic. Brokerage services include practice programs, surety bonds, controlled insurance programs and subcontractor default insurance.

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Nordic Contracting Co., Inc.111 Howard Boulevard, Ledgewood, NJ 07852 P: (973) 584-2000 F: (973) 252-5656

The Highest Quality of Work Combined With Timely and Safely Completed Projects Since 1993

Site Work & Concrete Work

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HeadingGovernment Affairs Report

Each year in the chambers of the Statehouse, the weeks leading up to July

are filled with spirited debate by members of the Legislature and the

Executive branch. Our State’s Constitution requires the Legislature to

pass a balanced budget and attain the Governor’s approval prior to July 1 each

fiscal year. Surrounding the legislative budget process this year are several bills

that may directly impact the economic viability of our State and its direct

correlation to the construction industry.

NJ State Budget Update: Governor Murphy delivered his FY2020 budget

proposal to a joint session of the NJ Legislature in March. The next three

months of debate within the Legislature focused on conservative

fiscal values over reckless State spending. Governor Murphy’s proposal

spends $38.6 billion, an increase of 3.2% over the FY 2019 Budget, and

increases the State’s surplus to $1.16 billion. The Governor is projecting

FY2020 overall revenue growth will be 2.9% or just over $1 billion. This

includes a 6.9% increase in gross income tax revenues to $16.4 billion,

4% growth in sales tax revenue to $10.5 billion, and 13.3% decrease in

corporate tax revenue to $3.2 billion. Outside of these number projections,

Governor Murphy has again pushed for a “millionaires’ tax” through a

gross income tax-hike, which would extend the State’s top 10.75% rate on

those earning $1 million or more. As we go to print, this proposal and

other pieces of the Governor’s budget plan have been met with severe

opposition from Legislative Leaders.

NJ-EDA Incentives: The current Economic Development Authority

incentive programs (GROW & ERG) are set to expire on June 30, 2019.

After a scathing audit of these current programs by the Murphy

Administration, the Governor has proposed five new scaled-back incentive

programs with hard financial incentive caps and other reporting require-

ments, a plan met with opposition by Legislative Leadership. ACCNJ has

engaged in public policy discussions about the use of these economic

development tools to facilitate capital improvements for businesses that

make a strategic decision to apply for tax incentives.

Standardized Public Bidding: Throughout the past several sessions, the

Legislature has found that advances in electronic technologies offer oppor-

tunities to enhance State, County and Local governmental efficiencies.

Simultaneously, ACCNJ has sought to develop ways in which public con-

tracting statutes are further standardized. Even with our collective efforts,

there remains tremendous inconsistency among these various public

contracting statutes. Legislation making its way through Trenton’s

processes seeks to establish a uniform set of bid components to be

submitted electronically. In our Association’s quest to raise the standards

within New Jersey’s construction industry, we often speak about our efforts

to level the playing field for all contractors. Nowhere could this be more

obviously achieved than in a standardized, electronic procurement form

for bidding on government-funded projects.

Stop-Work Order Legislation: This bill permits the Commissioner

of Labor and Workforce Development to issue a stop-work order against

an employer who continues to violate NJ’s Prevailing Wage Act after the

Commissioner has issued a final order assessing a penalty for the violation.

A stop-work order issued under the bill would require the cessation of all

business operations at every site where the violation has continued and

remain in effect until the commissioner releases the stop-work order when

the employer has paid any wages or penalty owed. ACCNJ secured amend-

ments to the bill to limit the stop-work order’s effect on the subcontractor

who is found to be in violation. Equally important, ACCNJ secured

language to allow a general contractor to terminate a subcontractor who

has been found to be in violation of the law and was issued a stop work

order. The bill is on Governor Murphy’s desk for executive consideration

at the time of this writing.

Trenton Heats Up Prior to Summer Recess… By Michael A. Travostino, Government Affairs Director

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SERVING NEW JERSEY FOR OVER 40 YEARS

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HeadingAssociate Member Expertise

Although all owners and general contractors hope every project

will proceed without issues, it is atypical that a project finishes

without at least some issues from a subcontractor in the per-

formance of the work. When an owner and general contractor are faced

with a disruption in work caused by a breaching subcontractor, it is impor-

tant they understand their rights under the subcontract and how to prop-

erly address both the retention of a substitute contractor and any issues

that relate to potential future litigation.

If precautions are not taken prior to termination and immediately there-

after, the owner and general contractor may be at a substantial disadvan-

tage should a lawsuit be instituted by a subcontractor. It is also important

for the owner or general contractor to understand what damages they

might be entitled to in the event a lawsuit is filed or if they decide to file

suit against a subcontractor.

Termination of the Subcontractor

If all attempts to resolve issues have failed, it may be time to terminate the

subcontractor. Under these circumstances, it is critical the owner and gen-

eral contractor closely adhere to the notification requirements provided by

the subcontract.

An owner or general contractor should not assume that oral notification

or email communications will suffice. Instead, it is suggested that the pre-

cise notification required under the subcontract be followed. Furthermore,

the subcontract may require advance notification of the termination

and/or a right to cure by the subcontractor. If a contractor is terminated

without a right to correct or cure, the subcontractor may possess a claim

against the owner or general contractor for wrongful termination.

Documenting and Protecting

Prior to terminating a subcontractor, the owner or general contractor

should carefully document in writing any back charges or offsets they

might seek against the subcontractor due to either incomplete or improp-

erly performed work – and include photographs or even short video clips

of the issues. Serving notification of these back charges upon the breach-

ing subcontractor must be done carefully and receipt must be confirmed.

Perhaps most important, however, is the owner or general contractor

must give the subcontractor an opportunity to inspect any purported

defective condition(s), confirmed in writing. The reason for this notifica-

tion is to prevent the subcontractor from asserting spoliation of evidence in

the event of a lawsuit.

Spoliation of evidence assertions often occur during litigation when a

general contractor or owner seeks a back-charge and the subcontractor

claims he/she never had an opportunity to observe and/or document the

defective work. The only way to prevent claims for spoliation of evidence

is to give the subcontractor the opportunity to observe the defective

condition prior to any remediation taking place. To go one step further,

Dealing with a Breaching Subcontractor: From Breach to Judgment By Paul W. Norris, Esq., Stark & Stark

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the subcontractor should also be given an opportunity to observe the reme-

diation process without interfering should they choose. This would effec-

tively close the door on any potential spoliation of evidence claims that

could defeat a claim for back-charges.

Remediation of Defective Work

When remediation of defective or incomplete work is being performed by a

replacement subcontractor, it is essential that all remediation work be care-

fully documented. The first way the work should be documented is in the

form of change orders documenting the corrected or incomplete work. At

the same time, numerous photos or even short videos should be taken that

document the issues with the improperly performed work.

As the remediation proceeds, the general contractor or owner should

routinely send this information to the breaching subcontractor. This

avoids any potential spoliation of evidence claims and effectively prepares

the case for litigation should the subcontractor file suit seeking the pay-

ment of damages.

There is simply no such thing as too much documentation nor too many

photos. With the availability of camera phones, this is easily accomplished

in the field.

To Sue or Not To Sue

After the remedial or corrective work is completed by the owner or general

contractor, the question may arise whether to file suit against the breaching

subcontractor. The first question to consider in making this decision should

be what the measure of damages would be, which involves a simple formula.

In general, the owner or general contractor is entitled to be put in the

same position as if the subcontractor had properly performed. As such,

any increase in the cost to complete the work the subcontractor should

have performed is the measure of damages the owner or general contractor

is entitled to.

As a result, the decision to file suit should not be made until the reme-

dial work is completed, as there may not even be any damages if the work is

completed for the same cost. On the other hand, if the cost to complete or

cure vastly exceeds the original amount of the subcontract, the owner or

general contractor would be entitled to sue for this amount.

Obviously, if the subcontractor initiates suit there is no decision whether

to sue or not. If the contractor or owner has been carefully documenting

the back-charges and has also provided the appropriate notification, he or

she is prepared for suit. This careful preparation will be essential at the

time of trial and will prove indispensable in potentially settling the matter.

Mediation or Alternative Dispute Resolution

Mediation or other alternative dispute resolution is often successful in

resolving matters brought by a subcontractor or lower-tier contractor, and

it is the most cost-effective way to attempt to resolve a matter. If the parties

participate in non-binding mediation in an attempt to resolve their claims

amicably, this often saves all parties money in resolving a matter in lieu of a

costly trial.

Going to Trial

If the parties are unable to reach a settlement during mediation or other

dispute resolution, then the case may proceed to trial. This is the time

when all the documentation discussed previously will come into play. If an

owner or general contractor has prepared the documentation prior to ter-

minating a contractor, he or she will be a big step ahead at the time of trial.

With every trial there are risks, and there is no such thing as a “slam

dunk” in the context of litigation. A party must always make a cost-benefit

analysis of the chances of success in determining whether to attempt to

settle a matter. Obviously, if the subcontractor is being unreasonable, the

only thing to do is to proceed to trial.

In general, unless provided otherwise by the contract, each party will

bear his or her own litigation costs. New Jersey is not a fee-shifting state,

which would provide an award of litigation costs to the prevailing party.

Thus, this factor must be considered in the cost-benefit analysis.

Enforcing a Judgment

Even if the case has proceeded all the way through trial and judgment is

rendered in favor of the owner or general contractor, there is no guarantee

the subcontractor will pay the judgment. Instead, the successful party

must seek to execute on the available assets of the subcontractor in order to

obtain satisfaction of the judgment.

Often, people who initiate suit do not understand the complexity of

collecting upon a judgment after a verdict is entered in their favor. This is

an extremely important consideration in determining whether to file suit,

as no one wants to pursue a judgment that is uncollectible. Therefore, a

careful evaluation should be performed even prior to filing suit.

Nonetheless, once a judgment is entered it will be docketed and there-

after, the prevailing party can seek to execute upon the accounts receivable,

the assets of the corporation, as well as seek a levy upon bank accounts.

Since this part of the process is also technical, an attorney can help sort

through it as well.

This article provides a general overview of the process and the considerations that

should be addressed. There is no doubt, however, that each of these issues must

be dealt with on a fact-specific, case-by-case analysis. Contact Paul Norris at

[email protected] and 609.896.9060.

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Cooperation By Richard E. Tolson, Director, Bricklayers & Allied Craftworkers

As I write this, we are winding down what is another round of fair

and progressive negotiations. As has been the case for at least

three bargaining cycles, the International Union of Bricklayers

and Allied Craftworkers along with the Associated Construction

Contractors of NJ and the Masonry Contractors of NJ have put the future of

our collective industry at the forefront of our efforts!

While maintaining certain traditional structures important to the workers

we represent, we have all laid out a plan to move our employers, our Unions

and our membership forward in a competitive position. Resetting how jour-

neyworkers are recruited, trained and compensated provides flexibility for

our employers and sets a standard for new members that has been achieved

by members who have devoted their careers to our industry and craft.

Establishing a responsible and realistic path for our apprentices shows vision

to maintain the most well-trained masons in the construction industry.

Coupled with that is the creation of a “mentoring” opportunity between

journeyworker and apprentice. Together we have committed to the future

by establishing programs for foremen and safety programs dealing with

exposure to silica dust. And with a real eye to the future, we have agreed on

language dealing with robotics and artificial intelligence within the crafts

we represent.

And finally, we have agreed to compensation that is fair and sustainable,

that allows us to adjust to whatever economic conditions we might face

over the next three years.

This type of cooperation extends outside of the relationships we have

with our industry partners.

Led by the Governor and Senate President Sweeney, enforcement of

some of the strongest labor laws in the country are being enforced

by Commissioner of Labor Rob Asaro-Angelo. Working from the

recommendations of a Task Force created by Governor Murphy to address

the criminal elements in New Jersey’s construction industry, the New Jersey

DOL has added inspectors to a depleted staff, engaged with the

Departments of Treasury and Insurance & Banking and the Attorney

General to comprehensively hold these bad players accountable and level

the playing field for New Jersey’s legitimate employers such as the members

of the ACCNJ and MCNJ!

There will always be more work to do but through the cooperation of all

interested parties, we will bring New Jersey back as a leader in Unionized

construction. And in doing so, help fix New Jersey’s budget by collecting all

revenue due the state through the construction industry!

It has always been true that a rising tide raises all boats. With legislators,

Labor and Management cooperating as we are on all these issues, all work-

ers and taxpayers of New Jersey stand to benefit!

In solidarity…

Labor Management Cooperative

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HeadingLabor Management Cooperative

It’s no secret that economic growth requires a balanced mix of energy

sources. As businesses invest in our state, development projects come

online and consumer demand increases, we need to tap new and

affordable energy sources to keep our economy humming and support our

state’s future. Right now, that means generating about 18,000MW of

energy every year as New Jersey continues to grow.

That’s why ELEC825 and ACCNJ are on the front lines advocating for

smart, safe and sustainable energy policy that will create jobs, catalyze and

sustain economic growth, and ensure affordable prices for our residents

while improving our emissions. Doing so helps New Jersey’s workers,

ratepayers and economically distressed communities – and will make our

state a stronger, more inclusive place.

Across the river in New York, the picture is dire: Con Edison recently

declared a gas moratorium in southern Westchester County and could be

forced to do the same in New York City due to a lack of supply. That means

no more residential hookups for residents in need of affordable, clean

heating and cooking gas. And it paints a bleak picture of the future for

businesses throughout the state.

Without proven, capacity-expanding projects in New Jersey, we face an

equally troubling economic picture, even as residents leave our state at a

staggering rate. And without these projects, we are effectively saying “no”

to thousands of good-paying jobs that our state sorely needs.

We have many projects – many of them nearly shovel-ready – on hand to

solve the problem. Many have passed extraordinarily strict environmental

review. The PennEast pipeline alone would have saved the region more

than $435 million in electrical bills last winter if it had been online;

instead, it remains mired in frivolous legal challenges despite being sub-

jected to strict safety, environmental and legal review.

In aggregate, delaying these projects means sidelining thousands of

high-wage jobs in construction and hundreds more in operating.

Fortunately, ELEC825 and other stakeholders like ACCNJ have begun a

comprehensive campaign to promote smart and forward-thinking energy

policy. We are beginning to reset the narrative to emphasize the facts:

The science is real, and without natural gas, New Jersey faces a looming

economic crisis.

Despite the empty claims of the environmental lobby, renewables –

which make up about 4% of our energy mix now – simply cannot fill the

void quickly enough. They cannot provide the scale natural gas can; nor

does the technology fully exist to replace crucial “peaker” plants that come

online to fill high demand. Some policymakers would like to take as much

as 90% of our energy sources offline in the near future without a real plan

for replacement – in other words, teasing economic disaster.

In the interim, investing in natural gas will take dirtier fuels like coal

offline and ensure stability in our economy while we continue to improve

New Jersey’s environmental footprint.

Other special interests have peddled a bad-faith misinformation

campaign to claim that pipelines are dangerous. Far from it. Pipelines

are a significantly more secure way of transporting natural gas than by

barge or rail, and when trained, licensed operators and construction

workers handle these jobs – as they should – accident rates are virtually

nonexistent. Pipelines already crisscross our state and never pose any

safety concerns to our residents and businesses.

That’s why New Jersey so sorely needs to reimagine our energy policy.

With the state’s Energy Master Plan due to be finalized this summer, all

stakeholders will have a chance to make their voices heard. ELEC825 and

ACCNJ alike will continue to fight for fact-based energy policy that

emphasizes affordability, safety and environmental justice. Now is the time

to see through the misinformation and focus on the truth: Natural gas is

good for the economy, good for our workers, and good for New Jersey.

Fighting for an Affordable, Clean and Sustainable Energy Future in New Jersey By Mark Longo, Director, Engineers Labor-Employer Cooperative

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EMAIL : [email protected]

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Labor Management Cooperative

Welding is one of the most sought-after core competencies in

the construction industry. The American Welding Society

(AWS) estimates there will be a shortage of 290,000 welding

professionals by 2020. The Iron Workers (IW) and its employer-ironworker

partnership IMPACT are dedicated to preparing highly qualified,

competent welders to close the gap. Administered by the IW National

Training Fund (NTF) and independently verified by the AWS, the

Ironworkers/AWS National Welding Certification Program (WCP) has

stringent guidelines for the accreditation of testing facilities, welder

qualification testing and certification.

An IW partnership with the AWS allows the NTF to train AWS Certified

Welding Inspectors (CWIs) and administer the prep course and exam at

the Annual Ironworker Instructors Training Program in Ann Arbor, Mich.

The IW has also partnered with the Canadian Welding Bureau (CWB)

allowing the NTF to train CWB Level I and II welding inspectors in Ann

Arbor. Advanced Welding Technologies, a new training course, has been

added to this year’s Ann Arbor training. The courses will focus on two

processes: GTAW and FCAW-G. The participants will have the opportunity

to be certified in one or both processes and learn how to weld carbon steel,

stainless steel and aluminum.

The WCP has 110 prequalified welding procedures and is in the process

of adding 14 new procedures. It provides Welder Performance

Qualification Records (WPQRs), making it possible to qualify welders

in a variety of processes and positions to meet the needs of employers

and demand in the industry. A welder certification card with a photo

identification is issued every time an Iron Worker welder successfully

passes a qualification test to allow easy verification of skills. IW welding

certification is portable, allowing Iron Worker welders to move from

project to project and eliminating the need for requalification. It saves

employers time and money.

The program offers convenient online verification at

welderscertification.org, allowing employers and owners to view or print a

participating Iron Worker’s welding certification and verify continuity at

any time. It eliminates the need for endless paperwork and offers a fast

and efficient way to transfer information. IMPACT funds the IW welder

qualification and certification so there’s no out-of-pocket cost to partici-

pants, as long as the welder keeps the continuity up-to-date.

The IW has 107 AWS Accredited Training Facilities and 157 training

centers around the United States and Canada, an army of 14,000 AWS

certified welders in the US and 4,600 CWB certified welders in Canada.

For more information on IW welders, visit www.Ironworkers.org

IW Welder Certification Program Offers Advanced Training By Ed Abbot, General Organizer, Iron Workers

Th WCP h 110 lifi d ldi d d i i th

Photo courtesy of Dave Baker, IW Local 44, Cincinnati

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HeadingLabor Management Cooperative

The April 2019 ENR Construction Industry Confidence Index

(CICI) offered cautious optimism with a static first quarter rating

of 59 (50-plus indicates a growing construction industry). Yet, of

the 205 executives from large construction and design firms responding

to the survey, many believe the market will begin to decline sometime in

2020. Near-term growth and long-term concerns underscore the need

for immediate and ongoing labor-management cooperation and planning

for the future.

Market changes are an unavoidable part of the industry, but proactive

planning and a thoughtful response to market fluctuations are critical

to preserving and winning work and encouraging public and private

capital investment.

It is this market-driven programming that defines the three labor-man-

agement funds of the Laborers’ International Union of North America

(LIUNA). In a competitive and constantly changing industry like construc-

tion, staying attuned to market forces and adapting accordingly is a key

component of our shared success.

Adding Value/Winning Work

Thankfully, ACCNJ and LIUNA have created a solid infrastructure that

allows all of us – in partnership – to anticipate industry changes and proac-

tively address them. It is an infrastructure built upon LIUNA’s strong local

unions and skilled training and apprenticeship, health and safety, and busi-

ness development funds. It is an infrastructure that provides both the

resources and the willingness to make workers employable, which, in turn,

makes employers profitable.

LIUNA Programs Aimed at Boosting Competitiveness and Winning Work By Robert Lewandowski, Communications Director, NJ LECET

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It is also a labor-management infrastructure that is working to grow and

improve. Through its NJ Laborers’-Employers’ Cooperation and Education

Trust (LECET) fund, LIUNA will soon begin offering a new service to its sig-

natory contractors—free access to the Market Expansion Program for

Contractors (MEPC), a unique online-based project lead service, specifically

designed for LIUNA signatory contractors. NJ LECET and ACCNJ will work

together to introduce and train signatory contractor staff on the new

MEPC system.

Using our labor-management infrastructure, we are also advocating

for positive legislative action that helps level the playing field for our

contractors. Working alongside the ACCNJ, we were able to help pass

responsible contractor legislation that would raise the minimum standards

needed to work on publicly-financed projects – standards our contractors

already meet. Also at the state level, we are awaiting the rules for the

recently enacted P3 law, which expanded eligibility for the use of public-

private partnerships, creating another way to secure funding for large

public projects.

LIUNA Vice President and Eastern Regional Manager Raymond M.

Pocino credits labor-management cooperation with helping advance all

these issues and programs.

“We have been fortunate to have such a strong relationship with CEO

Jack Kocsis and the ACCNJ staff and board,” said Pocino. “Unlike other

industries, our ability to collaborate and cooperate has made a huge differ-

ence over the years and must continue if we are to succeed.”

Lobbying, marketing and advocacy successes notwithstanding, LIUNA’s

foremost priority – and the cornerstone of our solid infrastructure –

remains providing the skilled, safe and dependable workforce upon which

our contractors rely. At a time when competition to win work is fierce, and

profit margins are razor-thin, LIUNA understands that workforce produc-

tivity can be the deciding factor in a project’s success or failure. LIUNA’s

hiring hall system provides the flexibility to right-size contractor staffing

needs to the work at-hand, but we also work to ensure every member who

shows up on the job is ready to work – with the credentials, skills, and atti-

tude necessary to make any project a success.

Of course, those credentials and skills don’t happen by accident. They

happen because LIUNA invests in its people, providing labor-management-

led training and apprenticeship programs to create the kind of workforce

ACCNJ contractors require. LIUNA members are trained through its four

local training centers, which offer independently accredited instruction in

every sector of construction LIUNA represents. Last year, nearly 10,000

LIUNA members received training from American National Standards

Institute (ANSI)-certified instructors, building the skills that help them

build better and obtaining the licensing and certifications required to work

in the industry.

LIUNA also provides safety-related professional assistance to its signa-

tory contractors and members through the New Jersey Laborers Health

and Safety Fund (NJLHSF). From offering onsite safety audits to providing

information on occupational safety and health issues, NJLHSF employs

staff with contractor/safety manager experience as well as experience work-

ing for OSHA. In collaboration with ACCNJ, the Health and Safety Fund

recently launched a safety ambassadors program, which offers LIUNA shop

stewards additional training in regulatory compliance and hazard identifi-

cation. With a better understanding of safety and health regulations and

best practices, these safety ambassadors can better assist contractors on-

the-job.

The LIUNA labor-management funds are able to offer so much more –

everything from prevailing wage enforcement to onsite training through

mobile classrooms; from civic and community relations to communica-

tions and marketing; from employee benefit management to employee

health screenings.

LIUNA’s Pocino summed up the labor-management funds as both inno-

vative and service-oriented. “Our goal is always to improve operations and

add value for our partners,” he said. “That is, and will always be, the best

path to success.”

A Reliable Partner

While LIUNA is known for building New Jersey’s public and private infra-

structure, its internal infrastructure – built around its labor-management

partnerships – makes it all work. In partnership with ACCNJ and its con-

tractors, LIUNA has reaffirmed an old axiom that still holds true: working

together works best.

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Labor Management Cooperative

Contractor & Carpenter Marketing: Educate and Inform By Kevin P. McCabe, President, Carpenter Contractor Trust

Marketing organizations constantly debate the most effective

way to reach and influence their target audience. The

Carpenter Contractor Trust (CCT) is no exception. Despite

our relentless efforts to implement a broad spectrum of marketing

approaches, we never forget our core message: to educate and inform a

business audience and the public with a positive message about union

contractors and carpenters.

We know, of course, our audience might be unaware or even in conflict

with our message.

This is particularly true when we highlight topics that drift into an

orbit the construction industry considers contentious. Yet as the marketing

arm of union contractors and carpenters, we have a duty not only to raise

appropriate issues of concern but allow for suggestions of improvement

or change.

Last year, for example, the CCT sponsored a panel discussion that was

open to the public, with a business audience in mind. The topic was the

“underground economy.” When unscrupulous contractors disguise work-

ers as independent contractors to avoid paying the requisite fees and

wages, it creates an unfair playing field.

We sponsored this panel discussion with ROI-NJ, one of the most influ-

ential business publications in New Jersey. Our audience of stakeholders

included the business community, labor and the public. The composition

of the panel included contractor and carpenter representatives, two top

experts on the topic and a worker who had been caught in the under-

ground economy. The public airing of this issue let us express our position

in a thoughtful, thorough and dignified manner. Afterward, an extensive

roundup article of the event was available, and we could link to the cover-

age or send it to interested parties as informative collateral material.

The added advantage of this approach in the digital age is the content

and the positions expressed at the panel discussion never disappear.

While this is one example, we continue to promulgate our message

through virtually all marketing mechanisms, from traditional media to a

broad range of digital platforms.

Some might ask, why bother? They hold that those opposed to our

positions believe something different, and they’re never going to change.

I disagree with that sentiment.

Who among us hasn’t altered our position on a variety of issues over the

years, especially after circumstances or conditions change and we become

more aware — yes, educated — about a topic?

I’m not suggesting change is instantaneous. However, steady, incremen-

tal effort to educate the public and vital stakeholders is critically important

if we are going to advance our position. And it is media exposure, a broad

digital presence and other marketing approaches that form the framework

for educating the public and our industry stakeholders. It is, frankly, an

effort we cannot relinquish.

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HeadingWelcome New Members

Aliano Brothers GC, Inc.

Aliano Brothers specializes in site planning, construction, interior design

and all building components, with a particular focus on Design/Build.

For more than 40 years, Aliano has demonstrated expertise in turnkey

projects, historic restorations, concrete work, masonry, and rough and

finish carpentry. Located at 2560 Industrial Way, Vineland NJ 08360, the

company is represented in the Association by Mike Aliano, President.

Email the firm at [email protected] or phone 856.794.9490. Visit

online at www.alianoconstruction.com.

H. Barron Iron Works, Inc.

Since 1955, H. Barron Iron Works at 316 Water Street (PO Box 81),

Gloucester City NJ 08030 has provided quality craftsmanship in the

tri-state area for residential, commercial and industrial projects. The firm

specializes in the fabrication and erection of structural steel. Offering free

estimates and emergency service, H. Barron Iron Works can help inspire,

educate and problem-solve. Michael E. Barron, President, represents the

company in ACCNJ, available via email at [email protected] and by phone

at 856.456.4225. Visit online at www.hbarronironworks.com.

Borrelli Steel Fabricators, LLC

Family-owned and operated, Borrelli Steel Fabricators provides a full range

of design, engineering and fabrication services throughout New Jersey,

Eastern Pennsylvania and Delaware. The firm specializes in the fabrication

and erection of structural steel and miscellaneous metals as well as pre-fab

metal buildings. Located in the Vineland Industrial Park, 2800 Industrial

Way, Vineland NJ 08360, and on the web at www.borrellisteel.com, the

company is represented by Vince Borrelli, President. He can be reached by

email at [email protected] and by phone at 856.690.8850.

Dell Pumping Company

With more than 50 years’ experience, Dell Pumping has become a leader in

concrete pumping on the East Coast. The company’s work can be seen in

high-rise structures, refineries, power plants, bridges, highways, parking

garages and more in New Jersey, Delaware, Pennsylvania, Maryland and

beyond. Dell Pumping is located at 25 Commerce Street, Wilmington DE

19801, and on the web at www.dellpump.com. Joseph DellAversano III,

President, represents the firm and can be reached at 302.655.2436 and

[email protected].

Garden State Precast

ACCNJ welcomes back Garden State Precast, Inc., of Farmingdale NJ 07727,

supplier of precast concrete to utility contractors in New Jersey, New York,

Pennsylvania, Delaware and Maryland for 30 years. Products include man-

holes, lift stations, catch basins, utility vaults, electrical junction boxes, box

culverts, headwalls, water control structures and water filtration ECPO

systems for NJDOT, municipal, commercial and private development.

Contact Dan Morris, Vice President, at [email protected]

or 732.259.9610, and visit online at www.gardenstateprecast.com.

Hays

Tap into the expertise of the industry professionals at Hays to help attract

and retain construction talent. Whether you need transformative talent or

short-term supply, Hays can make the best match. Contact Ebnul Karim,

Recruitment Consultant, in the Manhattan office at 200 W. 41st Street,

16th Floor, New York NY 10036, by phone at 347.394.5701 and by email at

[email protected]. Visit online at www.hays.com.

We are pleased to welcome these members

into the Association, approved by the

Board of Trustees at the December 2018

and March 2019 Board Meetings.

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Hoagland, Longo, Moran, Dunst & Doukas, LLP

More than four decades has taken a small law firm in New Brunswick

and grown its reputation and status as a regional firm with additional

offices in New Jersey and a presence in New York. The full-service firm of

more than 90 attorneys represents professionals in the construction indus-

try. Alexandra Zeny, Marketing & Business Development Manager, repre-

sents the company and can be reached at 732.545.4717 and

[email protected]. The main office is located at 40 Paterson

Street (PO Box 480), New Brunswick NJ 08903. Visit on the web at

www.hoaglandlongo.com.

Lindblad Construction Company of Joliet, Inc.

Lindblad Construction at 717 E. Cass Street, Joliet IL 60432 is a general

contractor offering services in pipeline and utility work, concrete, pre-engi-

neered buildings, design/build, renovations and build-outs, and hydrovac.

The firm demonstrates its extraordinary commitment to safety through

management emphasis on accident prevention and an investment in the

latest protective technology. Jill Zizzo, Secretary/Treasurer and CFO, repre-

sents Lindblad. She can be reached at [email protected] and

815.726.6251. Visit online at https://lindbladconstruction.com.

Lockton Companies

Lockton, the world’s largest privately held independent insurance broker,

helps companies improve the bottom line, manage capital, attract and

retain talent, and protect people, property and reputation.

Andrew (“AJ”) Sercombe represents the firm in the Manhattan office at

1185 Avenue of the Americas, New York NJ 10036. He can be reached at

[email protected] and 646.572.7300. Visit online at

www.lockton.com.

Lubowicki Insurance Agency

Lubowicki Insurance has been servicing businesses in New Jersey for

more than 50 years, providing property and casualty insurance, including

contractor insurance, and risk management solutions that go beyond

insurance. Ed Lubowicki is President of the firm, located at

400 New Durham Road, Metuchen NJ 08840. Meet the whole team

online at www.lubo.com and contact the firm at [email protected] and

732.549.2222.

O’Kane Enterprises Ltd.

O'Kane Enterprises specializes in high-profile projects for the most

demanding clients in diverse markets, providing drywall, carpentry,

millwork and acoustical for commercial clients on projects of all types and

scopes. Daniel J. O’Kane III, President, represents the company in the

Association. He can be reached by email at [email protected]

and phone at 845.271.3445. O’Kane Enterprises is located at 55 W.

Railroad Ave., Bldg. 24C, 1st Floor, Garnerville NY 10923 and online at

www.okaneenterprises.com.

Southern Steel Erectors of NJ

Southern Steel Erectors is a structural and miscellaneous steel erection

company servicing the construction industry. An affiliate of Southern New

Jersey Steel, the firm is located at 33 Gorgo Lane, Newfield NJ 08344.

Charles Yula, President, may be reached by email at [email protected] and

by phone at 856.696.1612.

V.A. Spatz & Sons Construction Inc.

From land-clearing to excavation and grading, installation of underground

utility systems, hazardous waste management to surface finishing,

VA Spatz is a full-service heavy site construction company. Located at

91 Lone Pine Drive, Berkeley Heights NJ 07922, and on the web at

www.vaspatzandsons.com, the company offers more than 60 years of

experience and is a recognized expert in all phases of turnkey site develop-

ment. Paul Spatz, President, represents the firm in ACCNJ. He can be

reached at 908.464.0208 and [email protected].

Super Stud Building Products, Inc.

Super Stud has grown since its founding in 1973 to become a multi-

regional manufacturer of cold-formed steel framing components and

accessories for commercial and institutional construction, with facilities in

Edison (2960 Woodbridge Ave., Edison NJ 08837) and Hattiesburg, MS,

that serve the entire East Coast. Salvatore Forgione, Marketing Manager,

represents Super Stud in the Association. He can be reached at

[email protected] and 732.662.6200. Visit the firm online

at www.buysuperstud.com.

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Welcome New Members

Tenna LLC

Tenna is the asset-tracking partner for the construction industry, using

tracking devices and asset software to help contractors control heavy

equipment, tools, attachments and materials – keeping projects on sched-

ule and within budget. Located at 2045 Lincoln Hwy., Edison NJ 08817,

Tenna is represented in ACCNJ by George Heck, Director, Strategic

Partnerships. He can be reached at 833.508.3662 and [email protected].

Visit the company online at www.tenna.com.

William Walter Construction Group LLC

William Walter Construction partners with contractors to provide metal

framing (interior and exterior), exterior sheathing, rough carpentry,

drywall and drywall finishing, frames, doors and hardware, finish

carpentry and acoustical ceilings. Anthony Polidoro, Chief Operating

Officer, represents the firm in the Association, and can be reached at

856.649.3034 and [email protected]. William Walter Construction

is located at 536 Roun Ave., Williamstown NJ 08094, and online at

www.wwcgllc.com.

Yonkers Contracting Co., Inc.

General Contractor Yonkers Contracting focuses on building infrastructure

projects for public and private clients – highways, bridges, rail, transit,

water/wastewater and energy/environmental projects. For 70 years,

Yonkers has brought experience and expertise, safety, quality and innova-

tion to the construction industry. Vice President of Construction Oswald

Calderon represents Yonkers Contracting in ACCNJ. He can be reached at

914.965.1500 and [email protected]. The firm is

located at 969 Midland Ave., Yonkers NY 10104, and online at

www.yonkerscontractingco.com.

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HeadingMembership Roster

ACTIVE MEMBERS A.P. Construction, Inc.

Abatement Unlimited Inc.

AbateTech

Acoustical Services, Inc.

Advanced Scaffold Services LLC

Aliano Brothers General Contractors, Inc.

Allan Briteway Electrical Utility Contractors Inc.

American Pile and Foundation LLC

J. Anthony Equipment Co.

Archer Steel Construction Inc.

Aspen Landscaping Contracting, Inc.

A-Tech Concrete Co., Inc.

ATG Trading, LLC

Atlantic Concrete Cutting, Inc.

Atlas Concrete

B & G Restoration, Inc.

Barr & Barr, Inc.

H. Barron Iron Works, LLC

Bayshore Rebar Inc.

Beach Electric Company Inc.

Bel-Con Construction Services Inc.

Bergen Engineering Co.

Berkowsky & Associates, Inc.

BFC Ltd.

Wm. Blanchard Co.

Bond Brothers Inc.

Borrelli Steel Fabricators, LLC

Brandenburg Industrial Service Co.

BrandSafway

Brennan Industrial Contractors

Bristol Environmental Inc.

Brockwell & Carrington Contractors Inc.

Buck Construction

Carson Concrete Corporation

Case Foundation Company

Cashman Dredging & Marine

Contracting Co. LLC

CCA Civil, Inc.

Ceco Concrete Construction LLC

Central Jersey Wrecking & Recycling Inc.

Central Salvage Co., Inc.

Century 21 Construction Corp.

Certified Installation Services Inc.

CJ Drilling Inc.

Clemens Construction Co., Inc.

Coastal Steel Construction of NJ, LLC

Complete Installation Inc.

Conti Enterprises, Inc.

Kyle Conti Construction

J. Fletcher Creamer & Son, Inc.

Crisdel Group, Inc.

E.E. Cruz & Company, Inc.

CS Energy

Dale Construction Company Inc.

Degmor Inc.

Dell Pumping Company

DePalma Contracting Inc.

Donaldson Interiors Inc.

Drill Construction Co., Inc.

Dryden Diving Company Inc.

Willard Dunham Construction Co.

EDA Contractors, Inc.

Empire Office

Epic Management, Inc.

Everlasting Contracting

Exterior Wall & Building Consultants

Fabi Construction, Inc.

L. Feriozzi Concrete Company

Ferreira Construction Co., Inc.

Filling Marble & Tile, Inc.

Fioresi Tile LLC

Fitzpatrick & Associates, Inc.

Five Star Installations

Force Concrete & Masonry Corp.

Forsa Construction L.L.C.

Foster Contracting, Inc.

Fromkin Brothers, Inc.

Louis Gargiulo Co., Inc.

Albert Garlatti Const. Co.

Global Installation Resources

Grace Industries LLC

Gramercy Group Inc.

Grove Construction LLC

H.C. Constructors Inc.

Hall Construction Co., Inc.

Helitech

Henegan Construction Co., Inc.

Arthur R. Henry, Inc.

Heritage Flooring, LLC

Charles J. Hesse, Inc.

Hi Tech Data Floors, Inc.

HK Panel Systems

JP Hogan Coring & Sawing Corp.

Hunt Construction Group

Hutton Construction, L.L.C.

IEW Construction Group

InstaSpace LLC

Joseph Jingoli and Son, Inc.

JK Crane

JPC Group, Inc.

JR Cruz Corp.

J-Track, LLC

JVN Restoration Inc.

Kane Communications LLC

KHS & S Contractors of NJ

Kiewit Infrastructure Co.

Kiska Construction Inc.

The Lane Construction Corp.

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Lanyi & Tevald Inc.

C. LaTorre Construction LLC

John D. Lawrence, Inc.

Layout Inc.

Lend Lease, Inc.

Edward Leske Co.

Lindblad Construction Company

Linde-Griffith Construction Co.

LRC Development Corp.

LVC Window Blinds Inc.

Macedos Construction Co., Inc. of NJ

Madison Concrete Co.

Marbro Inc.

M.B. Markland Contracting Co.

Massett Building Co.

McCloskey Mechanical Contractors Inc.

McCrossin Foundations LLC

McPhee Electric

Merco, Inc.

Merritt Construction Services, Inc.

Metal Structures, Inc.

Michels Corporation

Molba Construction, Inc.

Moretrench

T. Moriarty & Son, Inc.

Joseph A. Natoli Construction Corp.

Network Construction Co., Inc.

Nicholson Construction Company

Nordic Contracting Co., Inc.

Northeast Remsco Construction, Inc.

Northfield Construction Corp.

Nurminen Construction Corp.

O’Kane Enterprises Ltd.

Oradell Construction Co., Inc.

Pala Construction Corp.

Philadelphia D&M

B. Pietrini & Sons

Pinnacle Environmental Corp.

Pow-R-Save Inc.

Pravco Inc.

Prestige Millwork, LLC

J.R. Prisco, Inc.

Prismatic Development Corporation

Pristine Services Inc.

ProContractor Inc.

Railroad Construction Company, Inc.

RCC Builders & Developers

Reicon Group, LLC

Michael Riesz & Co.

Rocket Construction Co., Inc.

M.E. Sabosik Associates

J.A. Salerno Sr. & Sons Inc.

Schiavone Construction Co., LLC

Fred M. Schiavone Construction, Inc.

Schifano Construction Corp.

Schleifer Associates, Inc.

Schnell Contracting Services LLC

J.F. Shea Construction, Inc.

Simpson & Brown

Skanska USA

South State, Inc.

Southern Steel Erectors of NJ

Sparwick Contracting, Inc.

V.A. Spatz & Sons Construction Inc.

State Line Construction Co., Inc.

Suburban Enterprises Terrazzo & Tile Co., Inc.

Sundance Construction Co., Inc.

Taas Contracting LLC

Techno Acoustics Holdings, LLC

Tilcon New York, Inc.

Tishman Construction Corporation of NJ

Torcon, Inc.

Trevcon Construction Co., Inc.

TriState Construction Inc.

Tuckahoe Tile, Inc.

Turner Construction Co.

Tutor Perini

Twenty-Four 7 Contracting

Union Paving & Construction Co. Inc.

Upright Installations

US Tank Painting

Vericon Construction Company LLC

Vineland Tile Company

Vollers

W.E.S. Works LLC

Wade Ray & Associates Construction

Walker Diving Underwater Construction LLC

Walsh Construction Company

William Walter Construction Group, LLC

Walters Marine Construction Inc.

TN Ward

Waters & Bugbee, Inc.

Weatherby Construction & Renovation Co.

Weeks Marine, Inc.

West Bay Construction Inc.

Wetlands, Inc.

Wyndham Construction, LLC

Yonkers Contracting Co., Inc.

ASSOCIATE MEMBERS J.M. Ahle Co., Inc.

Alliant Insurance Services

Aluma Systems

Ambassador Medical Services, Inc.

American Global LLC

Chris Anderson Roofing & Erecting Co, Inc.

BCA Insurance Group

Bayshore Recycling Corp.

Boswell Engineering

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HeadingHeadingMembership Roster

Brent Material Company

Building Contractors Association

of South Jersey

C & H Agency

Capital Steel Service, LLC

Chubb Surety

Clarity Testing Services Inc.

Cohen Seglias Pallas Greenhall & Furman, PC

CohnReznick

Connell Foley LLP

Conner Strong & Buckelew

Construction Information Systems

Construction Risk Partners, LLC

Fred A. Cook Jr., Inc.

County Concrete Corp.

DGI-Menard

Eastern Concrete Materials, Inc.

Eii, Inc.

Enterprise Fleet Management

Floor Covering Institute of New Jersey

Florio Perrucci Steinhardt & Capelli, LLC

Foley, Inc.

Arthur J. Gallagher & Co.

Garden State Precast

General Contractors Association of NY

Genova Burns LLC

Glenn Insurance Inc.

Golden, Rothschild, Spagnola, Lundell,

Boylan & Garubo PC

Gordian Group

Graham Company

Grassi & Co.

HD Supply White Cap

Haftek Concrete Washout Systems

Hankin Sandman Palladino & Weintrob

Haydon Bolts, Inc.

Hays

HazTek, Inc.

Hedinger & Lawless L.L.C.

Hoagland, Longo, Moran, Dunst & Doukas, LLP

Jesco, Inc.

Jovin Demo, Inc.

Kelken Construction Systems

R.S. Knapp Co.

Komatsu Northeast

Let It Grow, Inc.

Liberty Mutual Surety

Lockton Companies

Lubowicki Insurance Agency

Lum, Drasco, & Positan

M&T Insurance Agency

MMC Contractors

NFP

New Jersey Alliance for Action

Northwestern Mutual

Peckar & Abramson, P.C.

People’s United Equipment Finance Corp.

Pro Safety Services LLC

RCC Fabricators Inc.

Resolution Management Consultants, Inc.

Re-Steel Supply Co., Inc.

Sax LLP

Schultheis & Panettieri LLP

Selco Manufacturing Corporation

Shore Supply

Shorelands Construction, Inc.

Signature Safety, LLC

Stark & Stark

Steel Mountain Fabricators LLC

Stone Industries Inc.

Super Stud Building Products, Inc.

Susanin, Widman & Brennan, P.C.

Syrstone, Inc.

T.E.S., Inc.

Taylor Oil Company

Tenna LLC

Traffic Safety Service LLC

Travelers

True & Associates

Unique Scaffolding Systems

United Rentals/Trench Safety

USG Corp.

USI Insurance Services

Weldon Materials Inc

Wiss & Co.

Withum Smith + Brown, PC

ZenTek LLC

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HeadingAdvertisers Index

American Global LLC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Associated Construction Contractors of New Jersey . . . . . . . . . . . . . . . . . 82

Atlantic Concrete Cutting, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Bayshore Family of Companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85

Wm. Blanchard Co. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

International Union of Bricklayers and Allied Craftworkers . . . . . . . . . . 68

Building and General Construction Laborers Local Union No. 77 . . . . . 55

Building Contractors Association of South Jersey . . . . . . . . . . . . . . . . . . . 45

C & H Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

Carpenter Contractor Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76

Clarity Testing Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Cohen Seglias Pallas Greenhall & Furman PC . . . . . . . . . . . . . . . . . . . . . . 35

CohnReznick . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53

Connell Foley LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Construction and General Laborers Union Local No. 172 . . . . . . . . . . . . 60

Construction Risk Partners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Country Concrete Corp. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

J. Fletcher Creamer and Son, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Engineers Labor-Employer Cooperative (ELEC) . . . . . . . Inside Back Cover

Epic Management Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Fitzpatrick & Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

Foley, Incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Hall Construction Co., Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Back Cover

Hankin Sandman Palladino & Weintrob . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

HazTek, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Heavy and General Construction Laborers Local Union No. 472 . . . . . . 10

Ironworkers Local Union No. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

Keystone + Mountain + Lakes Regional Council of Carpenters . . . . . . . . 66

Laborers International Union of North America (LIUNA) . . . . . . . . . . . . 78

Masonry Contractors of NJ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

Mill Cabinet Local 252 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

Moretrench . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

NFP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

Joseph A. Natoli Construction Corp. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

New Jersey State Building & Construction Trades Council . . . . . . . . . . . . 84

Nordic Contracting Co., Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

Northeast Carpenters Apprentice Training and Educational Fund . . . . 83

Northeast Remsco Construction, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Operating Engineers Local Union No. 825 . . . . . . . . . . . . . . . . . . . . . . . . . 70

Peckar & Abramson, PC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

J.R. Prisco, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Prismatic Development Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Pro Tapping Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Railroad Construction Co., Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Saiber Attorneys At Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

Sax LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

Schiavone Construction Co. LLC . . . . . . . . . . . . . . . . . . . .Inside Front Cover

SK Petroleum Services, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Taylor Oil Company . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Tilcon New York . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Torcon, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Unique Scaffolding Systems, LLC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Vericon Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86

Vollers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Withum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

ZenTek Consultants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

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Advocates for economic development and transportation, energy, and water infrastructure.

Page 96: Construction NEW JERSEYNEW JERSEY SPRING …John Baumgardner BFC, Ltd. Michael DePalma DePalma Contracting Inc. John Devecchio TN Ward Company John Epifano - Division Vice Chair ...

Associated Construction

Contractors of New Jersey

Raritan Center Plaza II, Suite A-19

91 Fieldcrest Avenue,

Edison, NJ 08837-3627

PRSRT STD

US POSTAGE PAID

NEW BRUNSWICK, NJ

PERMIT #667