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SPRING 2019NEW JERSEY SPRING 2019GNEW JERSEY
ConstructionThe Associated Construction Contractors of New Jersey Magazine
Leveling the Playing Field
Spring 2019 | New Jersey Construction | 1
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
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
”
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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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
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.
10 | New Jersey Construction | Spring 2019
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.
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.
14 | New Jersey Construction | Spring 2019
Spring 2019 | New Jersey Construction | 15
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
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.
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.
20 | New Jersey Construction | Spring 2019
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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)
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)
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)
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)
26 | New Jersey Construction | Spring 2019
Spring 2019 | New Jersey Construction | 27
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.
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
30 | New Jersey Construction | Spring 2019
Spring 2019 | New Jersey Construction | 31
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
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
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.
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
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.
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.
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.
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.
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.
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
42 | New Jersey Construction | Spring 2019
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44 | New Jersey Construction | Spring 2019
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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.
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
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!
48 | New Jersey Construction | Spring 2019
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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.
50 | New Jersey Construction | Spring 2019
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CONSTRUCTION COMPANIES
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REPUTATION • WORK ETHIC • TEAM ACCOMPLISHMENT
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.
Spring 2019 | New Jersey Construction | 53
54 | New Jersey Construction | Spring 2019
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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
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.
58 | New Jersey Construction | Spring 2019
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NEW BRUNSWICK, NJ
Spring 2019 | New Jersey Construction | 61
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
62 | New Jersey Construction | Spring 2019
SERVING NEW JERSEY FOR OVER 40 YEARS
Spring 2019 | New Jersey Construction | 63
64 | New Jersey Construction | Spring 2019
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
Spring 2019 | New Jersey Construction | 65
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.
68 | New Jersey Construction | Spring 2019
Spring 2019 | New Jersey Construction | 69
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
70 | New Jersey Construction | Spring 2019
Spring 2019 | New Jersey Construction | 71
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
72 | New Jersey Construction | Spring 2019
EMAIL : [email protected]
Spring 2019 | New Jersey Construction | 73
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
74 | New Jersey Construction | Spring 2019
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
Spring 2019 | New Jersey Construction | 75
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.
Spring 2019 | New Jersey Construction | 77
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.
Spring 2019 | New Jersey Construction | 79
80 | New Jersey Construction | Spring 2019
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
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.
Spring 2019 | New Jersey Construction | 81
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.
82 | New Jersey Construction | Spring 2019
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.
Spring 2019 | New Jersey Construction | 83
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88 | New Jersey Construction | Spring 2019
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.
Spring 2019 | New Jersey Construction | 89
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
90 | New Jersey Construction | Spring 2019
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
92 | New Jersey Construction | Spring 2019
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
Advocates for economic development and transportation, energy, and water infrastructure.
Associated Construction
Contractors of New Jersey
Raritan Center Plaza II, Suite A-19
91 Fieldcrest Avenue,
Edison, NJ 08837-3627
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NEW BRUNSWICK, NJ
PERMIT #667