On the Level by Anne Atchison

The Quarterly Publication of: Construction Contractors • Sheet Metal & Roofing Contractors • Fabricators Erectors & Reinforcing Contractors

FA L L 2 0 2 0

Trades Train for Tomorrow APPRENTICESHIP PROGRAM PROVIDES SKILLED WORKFORCE AS STUDENTS EARN WHILE THEY LEARN

Michael “Doc” Dunn, Vice President and Certified Welding Instructor, Ironworkers Local 417

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On the LEVEL offers in-depth coverage and analysis of construction news, provides health and safety information, financial and economic insights, and authoritative comment from industry experts on laws and regulations affecting contractors. To contribute stories, advertise in future publications, or learn more about our products and services contact: Barry Lewis, Editor: blewis@ccahv.com Patty Dalton, Advertising: pdalton@ccahv.com 845-562-4280 info@ccahv.com ccahv.com 330 Meadow Avenue, Newburgh, NY 12550

ON THE LEVEL:

32 “THERE’S A LOT OF PRIDE WORKING HERE” National Purple Heart Hall of Honor to Open Nov. 11

DANSKAMMER CEO TALKS UNION JOBS AND CLEAN ENERGY

BOARD OF DIRECTORS Construction Contractors Association Scott Dianis – President Dan O’Kane – 1st Vice President Mark Stier – 2nd Vice-President Mike Adams – Secretary-Treasurer Ron Bloomer David Campbell Ira Gold Jay Harrison Joseph Jerkowski Robert Kaehler James McGowan Joseph Perez Paul Taphorn Alfred D. Torreggiani Charlotte Van Horn

SMACNA of Southeastern NY Lou Doro – President James D’Annibale – Vice President Steve Mulholland – Secretary Daniel C. Harden – Treasurer Mark DiPasquale –Past President Michael Briggs Frank Ferrucci Walter “Chip” Greenwood William Haskel Dennis LaVopa, Jr. Association Staff: Alan Seidman – Executive Director Barry Lewis – Vice President of Communications & Member Services Alan Creais – Director of Membership Patty Dalton – Executive Assistant Millie Rodriguez – Administrative Assistant

Fabricators, Erectors & Reinforcing Contractors Association Justin Darrow – Chairman Jake Bidosky, III – Vice-Chairman Bernie Hillman – Secretary Daniel Teutul – Treasurer FA L L 2 0 2 0 Q U A RT E R LY P U B L I C AT I O N

DIRECTOR’S MESSAGE 2020 The year that never was, or the year that won’t go away! COVID, an election year, division within our country - the main gist of sports’ talk seems to be about abbreviated seasons, what is being canceled and who is opting out. Conversations about the virus, troubled economy and the elevated challenges in the workplace are taking over our day to day concerns. I wish all the things we are all tired of seeing on the nightly news would go away and we could get on with life as it was before, but the reality is, I don’t have that magic wand. Our Associations stepped up during the crisis to help our members navigate through PPE shortages and explanations of government directives and decisions. We made sure masks, gloves and hand sanitizers were readily available to our essential workers. And through social media and Zoom meetings they kept the lines of communication open to help explain the ever-changing government directives and decisions. There has been plenty of time for reflection since COVID hit us and what do these challenges mean to our members. We have always bragged that we have the best trained workforce available in the construction industry. Now, more than ever, we are able to offer contractors and developers in the public and private sector the most-highly skilled and best trained men and women to build our educational facilities, hospitals and commercial and business centers. As safety and health regulations continue to be added, who, but our members can deliver what is needed. Trained, skilled and a safety minded workforce on the jobsite to minimize any COVID shutdowns, avoid injuries, and deliver on-time projects with-in budget. We know the quality and value of the projects we deliver to our clients despite everyday challenges and the challenges we face in times of crisis. Our men and women of the Construction Industry are considered part of the vital

ON THE LEVEL:

workforce, but not immune to the hazards the virus brings to everyone. In these toughest of times, we continue to deliver quality construction and that is not easy or free. This issue highlights the dedication of our unions’ and the apprenticeship programs that create a pipeline of young, eager-to-learn workers who want a better life for themselves, their families, and their communities. In preparing this edition, Barry Lewis has visited the training centers, talked with the administrators, instructors and apprentices to understand and share in detail what is behind the hundreds of hours taught in the shops and the thousands of hours of instruction out in the field. What Barry highlights should make you all proud of the level of training and safety we provide to each and every jobsite. As the apprentices are taught by their instructors, we could all benefit by heeding the advice to wear a mask and keep a safe distance. We have lost the opportunities to personally interact at our annual dinner and lobster-bake to COVID. But these are minor losses compared to the real losses many of you have faced - whether the death or illness of a family member or friend, and to way too many, true economic hardships. Our Golf Outing was sold out, but unfortunately became another statistic of postponements due to the pandemic. We will now hold the 2020 golf outing in May of 2021 and our 2021 outing in the fall of 2021 - virus and regulations permitting. We are hopeful that we will be able to have our Holiday Party on November 30 at the Powelton Club. Our fingers are crossed!! Between virus containment and development of a vaccine, I am hopeful that we get back to our very successful membership events of prior years. Zoom just isn’t the same! Our staff continues to be here for you. Please don’t hesitate to reach out to our office if there is anything we can help you with! Best Wishes,

Alan Seidman Alan Seidman Executive Director

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Earn Learn. as you

For Many it is a Concept too Good to be True. By Barry Lewis, Vice President of Communications for CCA

In a society that too often endorses the notion that you

“The best thing we can do for our contractors is to give

first need to learn so that down the road you are able to

them the best trained iron worker that we can supply,”

earn, the construction apprenticeship program offers men

said Mike Gaydos, Business Manager for Ironworkers

and women of all ages, with different levels of education

Local 417 of Wallkill. “Our contractors can’t go out and

and varying degrees of experience the chance to be part

bid projects if they are not comfortable knowing they

of a highly-skilled labor force that provides contractors

have an iron worker who is trained in safety, can be

with the best workers to build hospitals, roads, bridges,

productive and has the right attitude. If we can’t supply

schools, energy systems and other projects that bolster

our contractors with proper men and women to do the job

economic development in a community.

they’re bidding in a timely fashion then we are not going

The trades earn-as-you-learn four-year apprenticeship program pays family-sustaining wages, provides health care coverage and retirement benefits from day one while training construction workers though a debt-free, techno-

to be better than the open shop out here. We’re better because we train harder, we’re safe, we’re productive and we can bring the jobs in on time and on budget – that’s the key.”

logically advanced hands-on education. continued...

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Michael “Doc” Dunn, Vice President and Certified Welding Instructor, Ironworkers Local 417 ON THE LEVEL:

FA L L 2 0 2 0 Q U A RT E R LY P U B L I C AT I O N

Earn as you learn. For many it is a concept too good to be true.

Not for everyone Many of the trades in the Hudson Valley receive

when I got into this trade. The algebra and the geometry

hundreds of applications in a year but might only have

are needed for layout and pattern development, testing

15-20 openings. And many of those applicants learn

and balancing and all sorts of aspects of our trade. Some

within the first few days the number of classroom hours

realize in the first year this is not what they wanted to do.

required and how detailed the lessons can be in learning

They think it’s what they wanted but then they realize it’s

a trade.

not for them. That’s why we lose that 20 percent.”

Robert Dutra, Training Coordinator for Sheet Metal

When the COVID-19 outbreak hit the U.S. in March, the

Workers’ Local 38 in Brewster said some people come

in-person classrooms that trainees attended once or twice

off the street and apply, get into the program and don’t

a week were shut down and the training centers that are

understand the classroom aspect and how much theory goes into it. “It can be rigorous. Especially welding.

run by the construction

A union journey worker can expect to make about as much ($2.4 million) as someone with a bachelor’s degree

It’s very specific. Very

($2.5 million after student debt)

detailed. Intense. We want

during the life of their career.

guys to be certified but

While the total earnings figure

at the end of the day they have to study and apply

factors in student loans, those who “

trades closed their doors. Instructors held classes using Zoom, WebE and chrome notebooks and the apprentices were able to advance through the program and graduate. But the instructors all agree nothing can take the place of hands-on learning.

themselves. It’s not easy.

earn while they learn” through

Most probably didn’t

apprenticeships don’t have the

For more than 30 years

realize they were going

burden of student debt.

Erik Cantamessa has

to use math as much as they did. I know I didn’t

Erik Cantamessa, Senior Apprentice Instructor, Bricklayers Local 1 8

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been an instructor at the Bricklayers Local 1 in

Jim Hayes, Assistant Executive Training Director for North Atlantic States Carpenters Training Center FA L L 2 0 2 0 Q U A RT E R LY P U B L I C AT I O N

Earn as you learn. For many it is a concept too good to be true. Newburgh and at Putnam/Northern Westchester BOCES

Steve Kaleita, a 21-year part-time instructor for Local 17

in Yorktown and is a third-generation bricklayer. He says

and an instructor at the Newburgh Free Academy’s

the virtual learning is great for the younger guys. “But

Construction Career Academy says, “I’m a very big

do they have the physical ability? You have to learn how

believer in train as you work and work as you train. We

to paint, how to use a troll, how to set things in the field,

can sit in a classroom for hours upon hours and I can

techniques you can’t’ do through a website. You can see

tell you about welding and burning and plasma cutting

how it’s done. But unless you have it in your hand, unless

but you‘d still have absolutely no knowledge on how to

you’re cutting the stone, you have nothing. You just can’t

perform that skill on a job unless I bring you out here in

do it.”

the shop and you physically do these things.”

Robert Dutra, Training Coordinator, Sheet Metal Workers’ Local 38

Uncertain Future Industry experts say it’s important to keep the pipeline

welding students in July. They all had their own separate

of young workers open during the crisis. Instructors are

booths. Not only did they have cleaning stations and

cautiously optimistic that by taking safety measures they

masks we gave them respirators. Our hope is to start back

will be able to provide some level of in-person learning

in September.”

in September.

continued...

Matt Stoddard, President of Ironworkers Local 417 says they are following local, state and federal guidelines. “When New York became a hotspot for COVID-19 we went into a study at home learning process. When we hit the metrics and were able, Doc (Michael “Doc”

Since 2016, North American Building Trades Union’s affiliated unions and partner contractors

Dunn, Local 417 Vice President and certified welding

registered an average of 60,000

instructor) brought the welding class back because they

new apprentices annually.

are all 6 feet apart. We were able to bring back nine ON THE LEVEL:

FA L L 2 0 2 0 Q U A RT E R LY P U B L I C AT I O N

Earn as you learn. For many it is a concept too good to be true. Dutra says his training center, like so many, is being proactive. “We are installing Plexiglas

tougher to fill positions,

The average wage for a fully proficient worker who has

contractors and instructors say it’s vital to keep the pipeline of young workers

between tables, social

completed an apprenticeship is

distancing and taking

$60,000 and $300,000 more over

insure a new generation of

temps. We want to teach

the life of a career compared to a

skilled workers.

non-apprenticeship participant,

“I’m 27 years old

putting in heating and air

reports the North American’s

and I’m working on

conditioning systems will

Building Trades Unions.

them because some of the devises they will be

be used to combat the

open during the crises to

my retirement,” said Scott Haugland, a fourth-year apprentice

virus. We have to train our guys to install these systems. Hopefully, we can do this in person. Otherwise revert to online learning again.” Even though unemployment is at historic levels, enhanced unemployment benefits and workers’ fear of contracting COVID-19 on jobsites are making it

with Ironworkers Local 417. “I have an annuity; I have a pension and I’m making a very good wage. I couldn’t ask for a better job or better training. With everything going on – I’m really fortunate to be here, learning and working.” blewis@ccahv.com

Laborers’ Local 17 Standing outside the extensive training facility Training Center: 451 Little Britain Rd., Newburgh, NY Dir. Of Training: Wayne Mackey Get 120 applicants a year. Accept 12

next to mock power lines, Mackey, the Director of Training since 2009, says there isn’t much that a laborer apprentice isn’t trained to do. Including dealing with the aftermath of a hurricane. “When Irene and Sandy came through Orange &

Wayne Mackey says his students think they know what a laborer is. “Until we put them through the rigors of being a laborer. Then it’s like hell week. We have a bunch of agility tests for them. Breaking pavement and then cleaning it up. Digging a trench or excavating, moving blocks and concrete. They get a little taste of

Rockland didn’t have enough people to deal with downed lines. Together we worked out a whole program on training our guys and Local 754 guys, there’s now over 500 people now trained to deal with downed lines, setting up cones, informing neighbors and the utility of what’s going on to stay safe.”

it. Some of them drop out. Say, ‘it’s too much

Mackey says since 1989 they were one of 10 locals

for me.’ They don’t realize how much training

in the nation to train on dealing with a hazardous

there is.”

waste site. “We have a lagoon with a lot of debris and stuff to simulate the hazardous waste. We try

ON THE LEVEL:

FA L L 2 0 2 0 Q U A RT E R LY P U B L I C AT I O N

Earn as you learn. For many it is a concept too good to be true. to pump the water and take debris out as safe as we can. Teach them how to do samplings, how to dig, probe first so they learn not to hit things with a metal shovel. Teach them the right way to take off their suits if they’ve been in a contaminated area. The idea is to teach them to anticipate as much as they can.” The list of courses run the gamut from traffic control and flagging to tool recognition, how to prevent back injury, harassment classes, understanding blue prints, construction math, intro to concrete, knowing about forms, footings, sewer pipes, gas fusion, cutting and burning, welding, asbestos and operating a forklift. Steve Kaleita, a 21-year part-time instructor and 34-year member of Local 17 is also an instructor at the Newburgh Free Academy’s Construction Career Academy. He says there is no such thing as too much training or having to many certifications. “Apprentices come through because they have to. Many journeymen want to upgrade. There’s a difference between a welder and someone who welds. No one else going to hire a laborer and say I want you to be a welder

Wayne Mackey, Director of Training, Laborers’ Local 17

but often times on the job the more tools you have in the tool bag, the more enhanced your employment opportunities are. So, while a laborer is not going to go out as a welder there might be an opportunity on the job where someone asks, ‘can you weld this, can you fix this?’” The learning curve for students also involves other aspects of training, says Mark Casey, the Assistant Training Director and Apprentice Coordinator. “They think they’re going to come in and just make a laborers’ starting wage. There’s training that goes along with it also. And you’re bringing back some of your math skills and your English skills from previous training in high school. But they learn.”

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Earn as you learn. For many it is a concept too good to be true.

Bricklayers Local 1 Training Center: 1 Scobie Drive, Newburgh, NY Get 20-100 applicants a year. Open enrollment

Masonry is not just a trade for Erik Cantamessa. It’s the family business. Like his father and grandfather before him, and like his son who is following them all, Cantamessa, the Senior Apprentice Instructor, Bricklayers Local 1, takes pride in his craft and the satisfaction that comes with building using bricks, blocks and stones. “It’s almost a lost art. And it is an art. Masonry, more than a lot of the other trades, is an art. Hand and eye coordination is essential. You can have someone next to you, each using the same product and it can look totally different. It’s not just being a craftsman – it’s also being an artist. Usually if it’s done in masonry it’s done forever. I go see things that my grandfather had done. My father was the head cutter at West Point when they did the original barracks. My son was on the new barracks. People on the outside don’t see all the hard work, all of the training and the craftsmanship that goes into it.” In the four-year apprenticeship program

The Bricklayers training center isn’t just old school brick and mortar. Where tradesmen originally would have used stucco with wire lath and heavy coats of cement, Cantamessa says students are taught to use a Styrofoam board with nylon mesh and an epoxy cement. “Whole thing is not even a quarter of an inch thick and its energy efficient. Lighter, a lot easier to use and is going to save money on heating and cooling.”

Cantamessa says students get to work on brick, block, stucco, stonework, pointing, concrete, corking, cleaning and lot of restoration. “We train the apprentices for normal work and specific jobs for the immediate future. Legoland has a whole etho system (energy efficient

programs are registered with either

stucco) that we needed to train 70 guys. We did

the U.S. Department of Labor’s

stonework for West Point. All the graffiti that

Office of Apprenticeship of the State

was recently done in New York City? We’ll be cleaning that up.” 12

All Building Trades apprenticeship

ON THE LEVEL:

Apprenticeship Agencies.

FA L L 2 0 2 0 Q U A RT E R LY P U B L I C AT I O N

Earn as you learn. For many it is a concept too good to be true. He says materials have changed including saws used to

everything was science and engineering and we realized

cut. “My grandfather and father would cut all the stones by

we need the trades people. People from my generation

hand. I remember my dad telling me he used to have four

who are foremen, supers, people running the jobs are

full-time blacksmiths that used to sharpen the chisels on

disappearing. They’re retiring. If we don’t get guys

the job when he was at West Point. He had about 40 cutters

trained, not only to work with the tools but trained to run

and about 20 setters. Today there’s not one blacksmith.

the jobs, you can have all the engineers and architects at

Our chisels now are made out of carbide with steel tips to

the top but no one is going to be able to do the work.”

make them last longer.”

He adds, “our industry has come back very strong in the

An instructor for nearly 30 years at the Bricklayers Local 1

last 15 years. Now more than ever younger guys realize

in Newburgh and at Putnam/Northern Westchester BOCES

that things come in and out and style but you still, like

in Yorktown, Cantamessa says he is concerned with

anything, have to have the proper foundation for anything

decreasing number of both trade schools and applicants.

that your gonna build or do in life. What is the foundation

“We grew up with shop class in high school. Suddenly

always made out of? Masonry.”

North Atlantic States Regional Council of Carpenters Local 279 Training Center: 52 Stone Castle Road, Rock Tavern, NY Get 200 applicants a year. Accept up to 50 Jim Hayes says there are enough hurdles in the carpenter apprenticeship program and that traveling to a training site for classes and hands-on instruction shouldn’t be one of them It is one of many reasons he and other members of Local 279 are looking forward for construction to begin on a 25,000 sq. ft. renovation of the former training center in Rock Tavern. The $3.5 million facility, expected to open May 1, 2021, will house the training center and district council offices for the union currently in Hopewell Junction. After three years, carpenter trainees in the Hudson Valley will no longer have to travel up to Albany or down to Long Island for apprenticeship classes. ON THE LEVEL:

“I’m looking forward for them to be close to home and have state of the art training,” says Hayes, assistant executive training director for North Atlantic States Carpenters Training Center. “The apprentices get a plethora of different aspects of the trade, heavy highway concrete work, interior systems layout, blueprint reading. They must do a certain amount of everything before they can graduate. Our new model is for 90 percent of training to be hands on. That’s really why we need to update the facility.”

FA L L 2 0 2 0 Q U A RT E R LY P U B L I C AT I O N

Earn as you learn. For many it is a concept too good to be true. He says the five-year program can be accelerated to four

gauge metal framing, ceiling systems, flooring, leadership

years with trainees needing 5,200 on the job training work

classes, interior systems and drywall production.

hours and 40 hours a week for 18-weeks of school within

Hayes says apprentices are taught using a Procore class

the 4- or 5-year period.

management system on iPads that are handed out at all the

Before applying applicants are required to go online and

training centers.

“The blueprints appear on an iPad instead of being viewed

the apprentice program is all about.

on hard prints. Layout is done with some GPS technology.

“We were having people apply and they really didn’t know what it means to be a construction commercial carpenter,” says Hayes. “It’s important that they know they might not be working all year-round, that due to change of seasons work might not be so great as it is in the summer months.

There’s always a component in each class on safety, blueprint reading and production layout. I don’t think they realize how intense the hands-on training is going to be and the physicality of work. Production is a very important part for us now.”

It’s a great trade to belong to but we want to be totally

The trade’s Sisters in the Brotherhood program provides

transparent. We’re only getting 50 percent of the people

assistance and support to new and potential female

that went to the information session. We’re OK with that

members. “I don’t know the numbers in all the trades,

because maybe it wasn’t for them. I’d rather tell them now

but I would say the carpenters are probably exceeding 10

then they get into the union and say, ‘gee, I didn’t know

percent of females in our program, which is phenomenal.”

this is what it’s about.’”

“We want them to make money, to be successful and learn

Among the courses they will take are blueprint reading

a lot. It’s not easy to accomplish that. That’s the mission,

and layout, heavy highway concrete form work, heavy

to get them ready in 4-5 years so they can be journeymen.”

Sheet Metal Workers Local 38 Training Center: 38 Starr Ridge Road, Brewster, NY Get 150-200 applicants a year. Accept 15-30 Standing in the 5,000 sq. ft. training center shop under duct work that snakes along the ceiling, Sheet Metal Workers Local 38 training coordinator Robert Dutra admits his trade has a bit of an identity crises. “Everyone knows what a carpenter does. Everybody knows what a plumber does. Everyone knows what an electrician does. Ask somebody what a sheet metal worker does. 14

ON THE LEVEL:

FA L L 2 0 2 0 Q U A RT E R LY P U B L I C AT I O N

Earn as you learn. For many it is a concept too good to be true. Most can’t tell you.”

are here. We give them

With over two decades of

the basics and the theory

instructional experience

that they can apply in the

Dutra says part of his job

field. They are working

is to attend career fairs

with a journeyman who is

and educate prospective

training them as much as

applicants. Often the

we are.”

results are positive.

There are 12 stations of

“People have no idea. But

welding in the center

once we explain it to them,

which is an AWS

bring them in and give

accredited facility

them a tour of the facility they’re amazed at what

Robert Dutra, Training Coordinator, Sheet Metal Workers Local 38

(American Welding Society) where trainees

they see, and those people

learn sheet metal and

tend to gravitate towards

structural welding and can

us. It is a very detailed trade. There are many aspects to it.

be certified. Dutra notes there’s a mix of classic machinery

If you want to do just duct work you can do just duct work.

like roll forming machines close to 80 years old and a

Welder, craftsman, architectural guy you can do that as

state-of-the-art plasma table.

well. It’s our job to give them a feel for everything.”

“We received a plasma table last year that is computer

Students start with basic pattern development, seeing what

driven. It’s what shops are using now to form sheet metal.

they can create with a flat sheet of metal. “They’ll move

You draw the fitting, the computer takes it, lays it out on

to plans and specs so they learn about the specifications so

the table and cuts it. The trimbletoe station will layout

when they go out to the job site, they can read the plan and

points in a building for hangers. We can put up hundreds

know where to put the duct work. They’ll do basic hand

of hangers in a building where it used to take two guys

drafting, light service work and we teach them how the

days to hang 600 hangers. Two guys can do it in a matter

HVAC systems operate and how they can do some general

of hours now. Because this machine uses GPS to layout the

maintenance on them if they need to. We do architectural

different points where each hanger is going to go. Before

work (metal walls, metal roofs, lagging), testing and

it was all done by hand and measurements. GPS makes it

balancing so they understand the system they install,

that much faster and efficient.”

making sure each room gets the specified amount of air and/or water.”

Many applicants come in with some experience but Dutra says asking about interests can draw out other candidates.

Over four years applicants will get 800 hours of training in

“We ask them about their hobbies. If it’s something

the center and 8,000 hours in the field.

where the mind connects with the hands that’s what we’re

“They’re learning quite a bit more out in the field than they

looking for, someone with mechanical aptitude.”

Building trades unions, working with contractors, spend more than $1.5 billion per year funding more than 1,600 training centers in the U.S.

ON THE LEVEL:

FA L L 2 0 2 0 Q U A RT E R LY P U B L I C AT I O N

Earn as you learn. For many it is a concept too good to be true.

Iron Workers Local 417 Safety is drilled into the applicants and an expectation of Training Center: 583 Route 32, Wallkill, NY Get 200-300 applicants a year. Accept 15-30

what they can expect over the next four years early in the process. “They have to pass a drug test on the day they apply,” says Mike Gaydos, Business Manager for Local 417. “At boot camp we simulate what they will be doing and tell

Matt Stoddard leads the tour, showing off the classrooms, lockers in the hallway, the old training facility with rebar and welding stations before walking into the new 8,000 sq. ft. training area where apprentice trainees get a first-hand feel for what they can expect at a job site. “Our students can simulate here what they will do out in the field,” explains Stoddard, the President of Local 417 who has nearly 40 years under his belt. “We have a staircase, rail mockup and window, crane, bending machine, forklift - anything they might have to do out there they will have already done it in this facility.”

them, ‘you’ve been working this hard for a week. Now you’ll have to do this for 30 years. Do you want to be in the hot sun, be out in the cold and put your body through this abuse?’ It’s a back breaking job. Manual labor is not for everybody. We try to pick the ones that will make the grade. Get to work on time, pass alcohol and drug test. Those who can’t - maybe this trade is not for them.” With far more applicants than openings, Local 417, like other trades, uses a point system. College degree, BOCES classes in high school and field work experience add points to an application. Whoever scores the highest between what’s on the application, how they do on their physical test and the written test gets selected. The personal

Apprentices at the Iron Workers Local 417 Training Center 16

ON THE LEVEL:

FA L L 2 0 2 0 Q U A RT E R LY P U B L I C AT I O N

Earn as you learn. For many it is a concept too good to be true.

Michael “Doc” Dunn, Local 417 Vice President and Certified Welding Instructor

interview also counts. Those in the Helmets to Hardhats

harness, stair railing, set beams and bar joints. “Training

program go to the front of the line.

is the backbone of our facility. From September to June

“We look for good attitude. You can train somebody to do the work, but you can’t instill good attitude on them. That’s something they have to have already. And a good work ethic,” says Stoddard.

they work during the day and in school at night. We have classrooms, homework, tests, final exams. It’s structured like the school system. Its not just doing the work. Its understanding why you’re doing it, why is it safe to do it this way and not that way.”

Michael “Doc” Dunn, Local 417 Vice President and certified welding instructor lists off just a few of the classes and instruction the trainees will be taking: First

Dunn smiles when asked if the student are surprised by the amount of classroom time.

year: safety, production, and work ethics. Certifications in

“I think they come in here - the old saying is neck down,

safety, rigging and welding. There are at least 10 different

but no, we want guys neck up – good strong brains as well

certifications that can be done in the hall. They work on the

as strong bodies.”

A 2018 study by the Illinois Economic Policy Institute found that by midcareer, those who completed a union construction apprenticeship were making an average hourly wage of $40.40, while those who obtained a bachelor’s degree were making $35.28 per hour. First-year union workers had a higher hourly wage than those with high school diplomas or their equivalents. Average training hours of union programs (7,306 hours) were more than the hours completed in public two- and four-year programs.

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Helmets to Hardhats By Barry Lewis, Vice President of Communications for CCA

After serving five years in the U.S. Army, including two deployments to Iraq in the military police, Ted Fotopoulos of Middletown wanted a job that would provide him with the security to raise a family and stay in the Hudson Valley. Like so many veterans, he found that making a successful transition from the military into the civilian workforce can be difficult. Military veterans face the same challenges as any other job hunter – with the added stressor of trying to translate the skills that they learned in the military into

Ted Fotopoulos

language that employers can understand. The process can feel overwhelming, especially if it seems like meaningful help is unavailable. “When I got out of the military, I worked in construction, nonunion. I worked some other jobs, but I didn’t see a 18

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Helmets to Hardhats real future in it,” said Fotopoulos. “Then I had a couple of children and realized I needed something better for my future, for me and for them.” The changeover was made easier through the Helmets to Hardhats program, that for nearly two decades has connected some 3,000 former veterans in New York State with quality career training and job opportunities in the building trades.

David Porter

Now a second-year apprentice for Local 279 of the North Atlantic States Regional Council of Carpenters, Fotopoulos is being skilled in his craft at no cost while at

Anne Trenkle

Montgomery G.I. Bill benefits to supplement their income during the apprenticeship training.

the same time earns a living wage, receives health benefits

David Porter took over as Director of the Helmets to

for his family and is starting to save for his retirement.

Hardhats program for North America’s Building Trades

“Joining the union has given me that security that I was

Unions (NABTU) in March, just two weeks before the

looking for.”

COVID-19 pandemic forced the closure of their offices in

Every veteran that fully registers on the NY Helmets to Hardhats site receives an email of successful completion with links to contact their support team for further assistance. A live person with knowledge of the trades helps facilitate the transition. And veterans can use their

Washington, D.C. Anne Trenkle has been the director of the New York State Helmets to Hardhats program since 2003 and 10 years later established a New York City H2H initiative. In separate interviews each one spoke about the challenges and opportunities their programs provide continued...

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Helmets to Hardhats to assist the transition of veterans into careers in the construction industry.

Q: What is your selling point for veterans? DP: Service members with spouses and children, with

Q: Does the coronavirus and economic crises effect

dependents are getting out of the military and are experi-

military personnel leaving the service?

encing such relief, not just in getting a job but being able

DP: I think the opportunities in construction industry in apprenticeship program would be more inviting given the circumstances right now. It would be hard to see what job opportunities are going to be available because there are so many unknowns. As an essential industry, construction seems to offer consistent career opportunities. So many variables with other careers.

to provide for their family. That’s the most impactful part. You can’t just do that in most careers. They got that going from college straight into the military. But where else? Those opportunities aren’t readily available, but they are in our apprenticeship program. Q: Toughest part of the transition? AT: We’re direct entry, so we have a certain percentage of

AT: The risks that they’re facing while in military

each apprenticeship class that will be a veteran population,

service is minimal compared to COVID-19. If they have

so there is competition amongst the veterans themselves

fulfilled their contract, they looking to reunite with their

for those positions. As long as they are physically fit, able

families and get their life started. The average age used

and eager to do the job - that usually is the most important

to be 18-to-23 when they come out. Now we’re seeing

component for success. And committed. They go into the

an older population going from high school to college to

interview and say, ‘well, I really want to do carpentry for

working for a while and then going into the military so

three years and then I thought maybe I’ll be an operating

that the average age now of a veteran in the apprenticeship

engineer or a laborer…’ we tell them, you can apply to as

program is 25-32. The desire to work in a union job is very

many trades as you want – but once you pick a trade we

competitive amongst the veterans.

need to know that is your direct entry card. We want you to be sure and not call us back in six months or a year. We

Q: What are you hearing from the trades?

want to place a veteran one time.

AT: It’s pretty straight forward. They want somebody who is ready to come to work, who knows what they want to do, who is committed, who will be on time, who is going

Q: How will the coronavirus impact the H2H program and the building trades?

to be an asset to the union. They are looking for those

AT: I think civilians might be hesitant to go into con-

shinning stars. That’s what we tried to provide. We vet the

struction after COVID. Maybe being in a group setting,

Vet before they go to for the interview. We let them know

working with hands and tools and sharing might turn

what to expect, what the process is going to be (every

people off. Some of the trades might have a difficult

union has a different process), different timetable so we

time with recruitment. They may need us. We have a

try to take the confusion out. We contact every vet that

data base of people, men and women we are ready to

registers on the H2H website with the national program if

roll. There is no more diverse population than in the

they have a New York address. We pull them out of that

U.S. military. Vets see an opportunity in a career with

data base. They get an email from us, ‘Welcome to NY

no disparity in the wage. Everyone comes in and comes

Helmets to Hardhats, here’s what your next step should

out with the same wage. It’s not like a female is going to

be, make sure to upload your resume, make sure it looks

be making less because she’s a female. The trades know

professional, here’s our contact information.’

that most vets can do whatever they set their minds do. They want their education. Hungry for that training that keeps them engaged. blewis@ccahv.com

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Thank you to all our heroes on the front lines who risk their lives to help save ours.

laborfirst.com

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Coping With Investment Uncertainty Thoughts on Managing through the Haze By Lon Birnholz The investment environment is more uncertain now than at any time since 2009. Until the emergence of COVID in February, the previous 11 years were a period of generally consistent economic expansion and healthy stock market performance. But today, fear and doubt among investors is high, with good reason. Coronavirus, recession, and the impending presidential election are each impacting the investing environment today. Investors can gain confidence to make decisions even during this heightened uncertainty, however, by thinking critically, looking at the data, and using historical experience to guide their process. PANDEMIC IMPACT Coronavirus disease affects us all daily and has forced all businesses to struggle with the resulting severe recession. But there is light on the horizon. Pharmaceutical companies are acting with extraordinary vigor to develop both vaccines to prevent the spread and therapeutics to help sick patients. Governments worldwide have acted to reduce regulatory delays and fund development, testing, and purchases. With every bit of positive laboratory results, clinical data, or epidemiologic statistics, a medical resolution of the pandemic gets closer. And as that happens, this uncertainty will fade. Markets are responding favorably to developments. So while the crisis rages on, stocks will discount its eventual resolution and move higher, even with an episodic resurgence in cases.

MARKET AND THE ECONOMY The severe economic recession started unexpectedly, and the decline in economic output is the sharpest ever recorded. Investors wonder how the market can be up during this disarray. History shows that stock market bottoms are generally reached well before the fundamental news flow turns clearly positive, and equity markets typically bottom during rather than after recessions. The stock market recoveries are generally very sharp from the bottom, especially in the early phases. Market performance in the following 6-18 months can be quite sizable and critical to the long-term returns achieved by investors. The current market recovery is tracking well against history, as the market is up over 50% from the recent March 23 bottom. The moral here is don’t try to time the market, as recoveries often start without warning when the news flow is still bad and stocks can have sharp increases during periods of heightened uncertainty. Not selling or reducing stock exposure may be especially applicable for longer term retirement assets. POLITICAL RETURNS The outcome of the upcoming presidential election has many investors looking to handicap its investment implications. While it pays to be attentive, stocks have generally performed well during the post-War period regardless of which party is in office, with a modest edge for returns during Democratic presidents (about two percentage points above the long-term average) and a similar modest disadvantage under

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Lon Birnholz is senior managing director of Matrix Asset Advisors, where he oversees Matrix’s fixed income portfolio management and heads up business development and client services activities. Lon@MatrixAsserAdvisors.com 212-486-2004

Republicans. There is virtually no difference in returns whether the federal government is under unified control or if control is split. Results can be materially affected by factors outside of either party’s policies, though, potentially affecting the numbers attributed to a party. Consequently, we do not believe the election’s outcome should be an overriding consideration in driving the decisions around stock market exposure and asset allocation. Uncertainty is a part of life and of investing. Waiting for perfect clarity into all aspects of the investment environment would force an investor to the sidelines permanently, for in truth, there is never perfect clarity. A thoughtful investor with a long-term focus and well-founded strategy should try hard to weather periods of uncertainty. The basic message is to stay the course, resisting the urge to make drastic changes to your asset allocation in response to market uncertainties like these. An investment advisor can be a valuable resource for scenario planning or as a sounding board for your concerns. Feel free to reach out to us if we can help or if you need an advisor.

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HOOVLER: TRADES CRITICAL IN FIGHT FOR WORKER RIGHTS By Barry Lewis, Vice President of Communications for CCA Orange County District Attorney David Hoovler says the

Worker Compensation violations and the lack of a filed

word is out that his office is aggressively cracking down

building permit. After issuing subpoenas for records he

on wage theft violators. But without the help of building

says the company made all the proper applications.

trades he says the crimes will continue.

New York state Labor Department statistics show that in

“People are willing to play the game until they get caught.

2018, more than $35.3 million in fraudulently obtained

What we really need our partners in the unions to be our

money was returned to 35,000 workers throughout the

eyes and ears and let us know where the problems are.

state who were victimized by wage theft and public work

When they call us we get on it.”

violations.

Earlier this month Hoovler says he got a call from

As president of the District Attorneys Association of

Sam Fratto, Business Manager for Electrical Workers

New York Hoovler set up training sessions to aid county

Local 363 about work at a gas station in the City of

prosecutors across the state on how to investigate and

Middletown. “The guy was an unlicensed electrical

enforce wage theft laws. “We showed a lot of the smaller

contractor working at a gas station. We hit them with a

DA offices that they need to go out and engage the unions

stop work order and shut them down for a day until they

and the people who know what to look for. Taking a union

got everything worked out. They wanted to do it on the

shop stewart or a union manager who knows everything

cheap and risk a lot of lives.”

out to a scene – that’s invaluable.”

In June Hoovler shut down construction at a Planet Fitness

blewis@ccahv.com

site on N. Windsor Highway after an inspection found

SHOPRITE DONATES $250,000 TO THE COMMITTEE FOR THE FAMILIES OF WAR VETERANS Dan O’Kane, center, president of The Committee for the

The Committee for the Families of War Veterans is a not-

Families of War Veterans, accepts a check for $250,000

for-profit organization helping Hudson Valley veterans and

from Tom Urtz, right, vice president of operations for

their families with housing, transportation, and food.

ShopRite Supermarkets Inc. Funds were raised in 2019 from ShopRite’s annual Veterans Fundraising Campaign. ShopRite stores collected donations at checkout and held community events. Accepting with O’Kane was fellow committee member Christian Farrell. “I would like to thank ShopRite for their continued support of our veterans and their families,” said O’Kane, First Vice President of the Construction Contractors Association Board of Directors who heads O’Kane Enterprises, Ltd. “Our vets have sacrificed so much and we in turn have a responsibility to help in any way we can.” 26

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Healthy Buildings Now and for the Future Most people have become aware of how

most particles that are as small as viruses.

indoor environments affect our health.

Air filters are rated in MERVs or Minimum

There is increasing evidence and awareness

Efficiency Reporting Value. A MERV is a

that COVID 19, and other airborne illnesses

measurement scale designed by (ASHRAE)

are spread more easily in indoor environ-

to report the effectiveness of air filters.

ments

We recommend installing at least MERV 13

What are some solutions to this problem that we can implement right now and what Rick Alfandre, AIA LEED AP BD+C Alfandre Architecture, PC alfandre.com 845.255.4774 ralfandre@alfandre.com

is the long-term vision for our buildings?

• Ultraviolet (UV) sterilization of the coils in air handling equipment can be added to

In the short term, there are measures we can

further “sterilize” the coils inside the air

take to make our buildings healthier and

handlers. UV is not effective in sterilizing

safer:

the air stream but can help reduce microbes

• Enhanced or improved ventilation is the

on the coils inside the equipment.

first key to making safer buildings. This can

If you want to install these improvements to

be achieved by installing Energy Recovery

your building, ask your HVAC contractor or

Ventilation (ERV) or Heat Recovery

a qualified mechanical engineer about the

Ventilation (HRV) systems. An ERV

details. These measures need to be designed

exhausts stale air from a building and brings

and engineered into the building and

in fresh air while also recovering energy

equipment. For example, we cannot simply

from the exhausted air in the process. The

add a higher level of filtration to an existing

ERV transfers most of the energy in the

unit without reducing air flow. Depending

conditioned air into the incoming air.

upon the building, and the spaces within,

• Air filtration. Most buildings have air handling equipment. The air handlers can be equipped with filters that can remove

and preferably MERV 16 filtration.

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retrofitting an ERV, or ERVs, into an existing building, or space, may be easy, or may be quite complicated.

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Healthy Buildings Now and for the Future As we plan and design buildings for the future, what tools

• WELL is exclusively focused on measuring, certifying,

can we use to make our buildings heathy places to live,

and monitoring features of the built environment that impact

work and learn? In addition to the LEED (Leadership in

human health and wellness.

Energy and Environmental Design) Green Building Rating system, we are focusing on the concepts embedded in the WELL Building Standard®.

• While LEED is focused on the environmental impacts of buildings, WELL is focused on how our buildings impact and affect our health.

Air filters are rated based on efficiency of filtration at certain particle sizes. Minimum efficiency rating value1 (MERV) and high-efficiency particle air2 (HEPA filters, % effectiveness Lower Efficiency Efficiency Rating

Higher Efficiency

MERV 11-12

Captures 65-80% of particles 1-3 microns in size (eg, lead dust, vehicle emissions)

Applications

MERV 13-15

Captures 50-85% of particles 0.3-1.0 microns in size (eg, smoke, exhalation droplets)

Superior residential, better commercial

HEPA filter (P-100 RESPIRATOR EQUIVALENT)

Captures 95% of particles 0.3-1.0 microns in size (eg, smoke, exhalation droplets)

Captures 99.97-99.9995% of particles 0.3 microns in size (eg, bacteria, viruses)

Day surgery, general surgery, smoking lounges

Low-to-moderate air pressure required

Air-pressure requirement

MERV 16 (N-95 RESPIRATOR EQUIVALENT)

Moderate-to-heavy air pressure required

Low-level nuclear cleanrooms, laboratories

Heavy air pressure required, using a stronger fan

• WELL is a third party verified building certification

Of course, there are overlaps within the concepts or

program with prerequisites and features within a series of

categories of LEED and WELL. LEED has always had a

categories called concepts.

major focus on Indoor Environments as part of the building

• These concepts include Air, Water, Light, Sound, and Thermal Comfort Nourishment.

certification requirements. The WELL Building Standard® is taking that concern and focus a big step further. In this time where our health is a major concern, this is a welcome addition to quality buildings. To learn more about WELL, visit: www.wellcertified.com

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SPECIAL INSPECTIONS AND MATERIALS TESTING Asphalt • Concrete • Soils Masonry • Steel • Deep Foundations CONSTRUCTION PHASE MONITORING AND ENGINEERING Vibration • Noise • Deformation Condition Surveys • SOE Design LAND SURVEYING Construction Layout • 3D Scanning Mobile LIDAR ENVIRONMENTAL SERVICES ACM and Lead • Air Monitoring End Sampling and Soil Disposal ENGINEERING Geotechnical • Civil • Structural MOUNTAINVILLE, NEW YORK 800.829.6531 www.tectonicengineering.com

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When you want reliable professionals, you hire union carpenters.

The Kartrite Resort & Indoor Waterpark

There’s no greater asset in the building industry than a worker who shows up wellprepared and ready to go. It can mean the difference between a project that runs smoothly and a project that runs out of time. The Carpenters union recognizes this and has provided contractors with world-class quality and professionalism for 130 years – in addition to a can-do spirit to step up to meet any challenge. It’s not just a relationship, it’s a true partnership, and the entire building community benefits.

The North Atlantic States Regional Council of Carpenters. It’s time to build. To learn more, visit NASRCC.org

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“There’s a Lot of Pride Working Here” National Purple Heart Hall of Honor to open Nov. 11 By Barry Lewis, Vice President of Communications for CCA The main entrance to the Hall will feature Corden Steel

PHOTO CREDIT: ikon.5 Architects

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More personal stories will be shared. More artifacts will be displayed. More men and women will be honored for their bravery and the sacrifice they made to their country. When construction is completed in November and the doors reopen on the $17 million expansion and renovation of the National Purple Heart Hall of Honor in New Windsor, visitors will be taken on a unique journey using state-of-the art technology to help explain more than two centuries of military history and detail many of the nearly two million American military personnel who have been wounded or killed by enemy action. “The expansion of the National Purple Heart Hall of Honor will serve as a tribute to these men and women PHOTO CREDIT: ikon.5 Architects

who have made our freedom possible and help ensure we never forget their service and sacrifice,” said Governor Andrew Cuomo in a statement announcing the start of construction nearly one year ago. “This project will also honor the memory of Senator (William) Larkin, a decorated war hero who spearheaded the establishment of this museum and dedicated 70 years of his life to public service.” Located not far from where George Washington first established the Badge of Military Merit, the inspiration for the modern Purple Heart, the Hall of Honor is being expanded to almost 4,300 square feet of new and refurbished exhibition space, with an increased emphasis on stories of individual award recipients. The Hall of Honor will incorporate integrated audio-visual and media presentations, as well as interpretive graphics and touch-screen interactive monitors to show the consequences of war and the changing nature of warfare. The Hall will also feature new exhibits that tell stories about Purple Heart recipients as they go from entering the service, the day of the incident, field treatment and evacuation, the road to recovery and ultimate sacrifice. continued...

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“There’s a Lot of Pride Working Here”

IMPROVEMENTS INCLUDE:

PHOTO CREDIT: ikon.5 Architects

•

Expansion of the existing Purple Heart Hall of Honor by 7,000 square feet

•

New interactive exhibits about Purple Heart recipients

•

Expanded collections storage, program space and gift shop

•

Grand entrance promenade with seating and gathering spaces

•

Enlarged and accessible parking lot

•

Green design with solar panels, energy efficient lighting and improved storm water management

•

Reimagined natural landscaping with native and deer resistant plantings to encourage local ecosystem

Certain to catch the eye of visitors will be the fuselage of a UH-1N Huey military helicopter from the Vietnam era. “We have a sculpture of three individuals from World War II, two men carrying a wounded GI. That bronze sculpture and this fuselage counterbalance each other. Leaving no person behind to how it’s actually done in the 21st century.” Bobby Reynolds of Plattekill, a Shop Stewart for Local 17 working with the nearly two dozen subcontractors, said the project is a special one. “There’s a lot of

PHOTO CREDIT: ikon.5 Architects

“There are so many more artifacts than we had before,” explained Peter Bedrossian, Program Director of the Museum. “We couldn’t show medical treatment and now we have surgical kits from the Civil War to the modern period. We have more uniforms to display to show how things have changed over time.” 34

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pride working here, knowing what the Purple Heart represents. My dad was in the military and I had family that was in the military, great to be a part of this. Just know there were people who got the Purple Heart, what they did for our country, to come out here and do our job – it means something.” continued on page 36...

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“There’s a Lot of Pride Working Here”

General Contractor Selected on Best Value

Kokolakis Contracting President Joseph Kokolakis, center, tours the Purple Heart Hall of Honor

From the start, New York State recognized that construction to expand and renovate the National Purple Heart Hall of Honor in New Windsor was going to be a special project. That began with selecting the right general contractor. “We needed someone who could think,” said Patricia Kirshner, Capital Project Manager of the Albany Bureau for the New York State Office of Parks, Recreation and Historic Preservation.

“This is a very complicated site, building big on a narrow space. It’s a museum so we needed to have someone who had the sensitivity to the subject matter. We needed somebody one who would not be daunted by the complexity of the architecture. Who could demonstrate that they had thought the project through.”

In a rare move the project was not advertised and awarded based on low bid but as a best value. It allowed the state to consider other factors beyond just price, such as quality and expertise. ON THE LEVEL:

Kokolakis Contracting, a 48-year-old family run company with a growing history of commercial, retail, and educational construction projects throughout the United States, including the renovation and modernization work on multiple barracks at the United States Military Academy at West Point, was awarded the project for the Purple Heart Hall of Honor.

“Everyone that works on a project like this, or at West Point, or the Veterans Administration projects, you feel a sense of ownership that you‘re building something special that will make a difference in a community,” said company president Joseph Kokolakis, before he and his family went on a tour last month of the construction site. “It’s way different than building a Walmart or a condominium. There’s really no emotional attachment to those projects. The truth is, everybody gives something a little bit special when they come to a project like this.” Kirshner said in using the best value process, “we evaluate the bidders on an established criterion.” A selection committee evaluates the scoring and a separate committee looks at the money and the Project Labor Agreement to make sure everything is done correctly. “We won’t bid a lot of projects that are just rip open the envelope and the low bid guy gets it because we feel we’re not getting recognized for our experience and what we put into it. And sometimes I just can’t compete with a guy who is going to work out of his van and hire any particular subcontractors that he may find in the area that don’t have the skill set or the resources to deliver on a job like this,” said Kokolakis. —Barry Lewis

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“There’s a Lot of Pride Working Here” Those familiar with the site will notice the increase

Bedrossian says all the new technology is needed and

elevation, with developers using 8,000 cubic yards of fill

it should increase the current 20,000-23,000 number of

to bring up the existing grade to get from the parking lot

people who visit the Hall each year. But he says it’s the

(double in size) to the Hall from the welcome promenade.

stories, an understanding of who was awarded a Purple

The front of the Hall, which first opened in 2006, will

Heart and why, that remains the key to the Hall. Because

have Corten Steel instead of regular panels to give it

you just don’t know who a recipient might be.

some distinction as well as a contemplation garden just off the Roll of Honor.

“The people who made this history are your next-door neighbor, the grocery clerk, the letter carrier and the

The Hall is on an accelerated construction schedule so

fireman. The people who have earned this award are not

it can be completed on Nov. 10 and open the next day in

going to tell you about it. They’re not going to brag. But

time to mark Veteran’s Day.

we need to keep history alive, to understand sacrifice,

“That is the date we will open,” said Patricia Kirshner, Capital Project Manager of the Albany Capital Bureau for the New York State Office of Parks, Recreation and

understand who they were and the fact that any person may be that recipient is important to know.” blewis@ccahv.com

Historic Preservation. “It took a while for everyone to realize there are no extensions to this schedule. This is a Governor priority project. A lot of eyes on it and we will open on time.”

The Hall will feature a contemplation garden

PHOTO CREDIT: ikon.5 Architects

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Contract Language Can Limit Contractor’s Right to Allege Cardinal Changes By Michael E. Catania

The case of Semac Electric Co., Inc. v. Skanska USA Building, Inc, 195 Conn. App. 695 (2020), should serve as a warning/reminder to all Contractors - read the contract documents carefully and never assume that one-sided “CM Friendly” provisions will not be enforced. In Semac, Construction Manager (CM) hired an Electrical Contractor (EC) on a 12-floor hospital project. The $15 million subcontract was over 241 pages long! It included the following “CM Friendly” provisions/representations: 1. EC had “taken into consideration and made allowances for all hindrances and delays incident to its work.” 2. CM was allowed to determine the time, order and priority of various portions of the EC’s work and EC would not be entitled to any adjustment in price or time due to these determinations. 3. CM’s was allowed to unilaterally change the schedule and accelerate EC’s work. CM suffered delays and, to recover its schedule, forced EC to perform out of sequence. It also issued over 38 change orders (likely without full agreement from EC on additional cost or time). EC claimed that these were “drastic and unforeseen” modifications to the subcontract and sent CM a Cardinal Change Notice. In response, CM sent a Notice to Cure Letter and terminated EC the following day. A lawsuit ensued, with both EC and CM raising 38

various claims, including wrongful termination, and fraud. Certain claims were dismissed by the trial court and an appeal was taken. THE DECISION The Appellate Court defined a cardinal change as “a drastic modification beyond the scope of the contract that altered the nature of the thing to be constructed.” The party that made such a change would be in breach of contract. That was not the case here. The above clauses, though clearly one-sided, required EC to anticipate the very type of issues that it ended up encountering on the job, i.e., delays, acceleration, and scheduling changes. This was all part of the “risk” assumed by EC when it entered into the subcontract. EC’s case was not helped by the fact that it executed CM’s numerous change orders (change orders that CM was allowed to set the price on). The change orders expressly required EC to attest that it had been fully compensated for “all costs, claims, markups and expenses, direct or indirect, attributable to this or any other prior change orders” and “for any delays, acceleration or loss of efficiency encountered by EC in performance of the work through the date of this change order.” EC executed its last change order, with these attestations, just two weeks before it served its notice. All was not lost for EC. Ironically, the Court also determined that CM was in breach of the contract! The

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Michael Catania, Catania, Mahon, Milligram, & Rider, PLLC mcatania@cmmrlegal.com

contract documents required CM to provide EC with 48-hours to cure before termination. CM provided only 24 hours. Presumably, and given EC’s assertion that it was walking off the job, CM believed the 48-hour cure period had been waived. It was not. The Court held that CM, who relied so heavily upon certain contractual language to justify its right to modify the agreement, could not ignore the 48-hour notice provision. In the end, and given the dual breaches, both parties’ alleged damages were reduced. CONCLUSION The CM friendly contract clauses above are industry standard for many of the area’s largest builders. While contractors on large projects have limited negotiating power, the opportunity often exists to make a few key contractual edits. These edits can have tremendous implications down the line. Regardless, contractors should be aware of the risk profile of any projects they intend to work on. If a contractor knows ahead of time that it could be forced to accelerate without compensation, it might put in a higher bid or pass on the job all together.

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IRONWORKERS Local Union 417 Newburgh, NY 583 Route 32 Wallkill, NY 12589 Telephone: 845-566-8417 Fax: 845-566-8420 www.ironworkers417.org

Michael Gaydos, Business Manager/FST Matthew Stoddard, President/BA Michael Dunn, Vice President Keith Eisgruber, Recording Secretary

EXECUTIVE COMMITTEE Brian Fries James Gardner III James Hubbard James McGrath John McGuire

BOARD OF TRUSTEES Mark Gaydos Christopher Kunze Richard Schroder

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BARRETT INC.

ROOFING & SHEET METAL CONTRACTORS 106 Mill Plain Road, Danbury, CT 06811 www.barrettroofing.com

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International Union of Operating Engineers Local 137

JEFF LOUGHLIN WAYNE HELLER JAMES SASSO JOHN MCGILL JOE SCHNEIDER DANIEL FENYO MICHAEL MILLER

BUSINESS MANAGER PRESIDENT VICE PRESIDENT/BUS. AGENT RECORDING CORR. SECRETARY TREASURER FINANCIAL SECRETARY BUSINESS AGENT

Executive Board John Belardi – Ronald Burgess – Rocco Miceli – Michael Miller David Ryan - Rocco Sanseverino

1360 Pleasantville Road Briarcliff Manor, NY 10510 (914)762-0600 42

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Laborers Local 235

Skilled Laborers Quality Workmanship Safety & Dependability Dario Boccarossa

Business Manager/Secretary Treasurer

914-592-3020

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Is an Employer Liable if a Worker Contracts COVID-19? By Barry Lovell

Can an employee sue their employer if they develop COVID-19 as a result of exposure at work? This question has been discussed in the media since the advent of the pandemic. A Wall Street Journal article from the end of July detailed suits against dozens of major corporations across the country, alleging that gross negligence by employers resulted in the COVID-19-related death of a loved one. The stories of lost relatives were heartbreaking, and the allegations were distressing. The hurdles facing these plaintiffs are exactly why the workers’ compensation system was created. These cases may drag on for years, while the families of employees struggle both emotionally and financially, and courts and juries wrestle with the difficult question of who and how to hold people responsible for their reaction to the first pandemic in 100 years. A century ago, when New York State set up the workers’ compensation system, it opted for a different way of responding to the needs of injured workers. Workers injured in and out of the course of employment were guaranteed benefits regardless of who was at fault for the injury. Section 11 of the New York State Workers’ Compensation Law made the workers’ compensation system the exclusive remedy for injured workers and their families. That means that rather than sue employers directly, New York workers’ who may have

contracted COVID-19 at work can file a workers’ compensation claim. The only exception to the exclusive remedy occurs when an employer deliberately sets out to harm an employee. New York courts have set a very high bar for defining intentional harm. Mere knowledge of a potential hazard is not enough to prove the intent to harm. In one case, the court dismissed a suit against an employer from employees who were sent in clean up an explosion site contaminated with toxic substances. The court ruled that unless the employer deliberately set out to poison the specific employees in question, the employer was not guilty of an intentional tort. In another case, the court dismissed a suit from a garage mechanic who was crushed by a defective hoist. The fact that the employer may or may not have known that the hoist was defective had no bearing. No suit against the employer could proceed unless there was evidence that the employer deliberately wanted to hurt the employee. While it is possible that the facts of a particular case of COVID-19 exposure at work could be so shocking to the conscience that the courts might permit a direct suit, it seems very unlikely. Employers who properly maintain workers’ compensation coverage that complies with the law, and who follow the State’s recommended health and safety guidelines should be able to avoid direct suit from employees.

ON THE LEVEL:

Barry Lovell is the President of Lovell Safety Management Co., LLC. Lovell-managed workers’ compensation insurance programs have returned almost $1 billion in dividends to participants. He can be reached at 212-709-8600, or blovell@lovellsafety.com.

What if an employee contracts the virus at work, then brings the COVID-19 virus home to their spouse or children? Could the spouse sue the employer? In general, courts have been reluctant to find that an employer’s common law duties extend beyond their duties to their employees. In 2005, the New York Court of Appeals ruled that an employer did not have a duty to protect an employee’s wife from exposure to asbestos dust. Laundering the employee’s uniforms had, the wife contended, resulted in her injuries. The court feared that ruling in favor of the wife would result in “’the specter of limitless liability.’” Other states, in analogous circumstances, however, have permitted suits from spouses or dependents. It is too soon to tell how New York courts will treat these types of claims. If an employer does receive such a claim, it is important to report the claim to the general liability carrier and the workers’ compensation carrier immediately.

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Local 754 Rockland County, NY Stephen Reich Business Manager Kenneth Lewis President

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Kevin Wagner Recording Secretary

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Executive Board Members: Joseph Coskey Brian Barbera, Jr.

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NOW MIGHT BE THE TIME TO REVIEW YOUR COMPANY’S HEALTH INSURANCE PLAN By Robin Seidman

The effects of the COVID-19 pandemic on businesses have owners looking to curb expenses to mitigate bottom line uncertainty. One line item that deserves a look is the cost of providing health care insurance to employees. Many employers pay up to 75% of the employees’ premiums so there can be substantial savings by doing a little homework. As health insurance contracts come up for renewal, premiums most likely will increase. What we don’t know is how much the increase will be. We do know this is not the time to tell your employees they and their families will receive less health insurance benefits at an increased cost to them. The pandemic and its repercussions are stressful enough without throwing them this curveball. Remember, an engaged employee is one of your most valuable assets. Rather than sticking with your current plan and accepting the premium and coverage changes blindly, reach out to your insurance broker to find out what coverage options they can offer to you and your employees. Each insurer will have multiple plans based on how much you want to pay and what level and scope of coverage you want to provide to your employees. CCA has association plans that are worth looking into and may be a good way to narrow the field to health insurers that provide quality health benefit plans.

Once you narrow down your choice of insurer and plans, you need to do a sideby-side comparison of your current plan to the new plans. A spreadsheet makes this analysis a little easier to perform. As an additional service to its members in these challenging times, CCA can help you evaluate your health insurance costs and find the right plan for you. You will find the plans will not compare exactly. Deductibles might be different, co-pays higher or lower, how office visits are counted, how large is the provider network, what is the premium difference, etc. The important thing to remember is that the differences can usually be managed. For example, most employees generally do not use the benefits for catastrophic illnesses or accidents. The average employee or family member goes to the doctor or urgent care at some point every year so they are more likely to be concerned with co-pays and how office visits affect their deductible. They want prescription and adequate coverage for emergency room visits, x-rays and blood work. They want to know what their maximum out-of-pocket expense will be and they want to keep their doctors. Once an employer realizes there can be cost savings using this approach of concentrating on the benefits used the most, he/she can consider use of a Health Reimbursement Arrangement/Account (HRA) to make up any increases the employee is likely to pay with the new plan. HRA is a type of tax-advantaged employer-funded health benefit plan that reimburses employees for out-ofpocket medical expenses and, in limited cases, to pay for health insurance plan

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For assistance with CCA association health plans contact Robin Seidman at rseidman@ccahv.com or Millie Rodriguez at mrodriguez@ccahv.com

premiums. The employer defines the plan, coverage, how medical expenses are reimbursed, etc. A CPA can explain the tax advantages and assist with the creation of an HRA. Alternately, a health insurance professional can also assist in setting up an HRA. The management of the HRA can be either internal or outsourced to a company that specializes in administering these plans. The HRA can level the playing field between insurance plans so the employer can realize saved dollars while maintaining adequate coverage for the employees. Other options available to employers that could save some money are: Health Savings Accounts (HSA) used in conjunction with a high deductible plan or Flexible Spending Accounts (FSA). Larger insurance companies usually have national exposure so their list of providers is substantial. Some insurance companies might be localized and offer providers only in a defined geographic area. This could affect your employees if they work or move out of the defined area – something more common with COVID-19’s impact on work -from-home vs. work -from-the-office decisions. Health insurance can be complicated but a trained insurance professional can walk employers through their options in deciding which plans makes sense for the company.

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At top, current Danskammer Plant. At bottom right, rendering of the new site equipment in white, next to the old burnt orange facility. The wide, tall stack will come down as will the two smaller stacks on the big orange building to the far right.

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Danskammer CEO Talks Union Jobs and Clean Energy By Barry Lewis, Vice President of Communications for CCA sulfur dioxide in the lower Hudson Valley by hundreds of tons a year. Reid says after public hearings, he hopes to have shovels in the ground by the end of 2021. In an exclusive interview Reid addressed the environmental concerns and the future of renewable energy: Q: What is the biggest misconception about the new plant? Danskammer Energy CEO William Reid supports New York’s initiatives to be green. But he says you can’t power this region on just wind and solar. That’s why a new $500 million gas-fired power plant in the Town of Newburgh is so crucial to producing energy in a clean, environmentally friendly way. He adds at its peak, the 535-megawatt plant will produce about 450 construction jobs for three years, maintain 25, high-skilled jobs and create more than $50 million in revenue over 20 years to local government. The new Danskammer is to be built adjacent to and replace the existing 69-year-old plant along the Hudson River. Company officials say the new Danskammer will run more than it does now but still reduce nitrogen oxide and

That somehow this will be the source of major pollution that’s very bad for the environment. That’s not true. Natural gas, which this plant will run on, is the least pollutant of all the hydrocarbons. We will have the best available technology to reduce emissions, almost completely from volatile organic compounds and particles that coal plants put into the air. We’ll be much more efficient and produce cheaper electricity. There’s estimates from the consultants that we’ll save New York State over $50 million a year on electricity bills. Q: What other changes will help the environment? The most important thing is we will no longer be using the Hudson River to cool our steam turbans. We won’t be using the river at all. In fact, the water usage continued...

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Danskammer CEO Talks Union Jobs and Clean Energy at this site will be almost self-contained because we use air cooling equipment. What’s more we’re cutting down carbon emissions by over 50 percent and cutting down emission of other elements by over 90 percent into the air. This plant will run on the same natural gas from Central Hudson that we use to heat our homes. Q: What about wind and solar to generate the electricity that’s needed? We have less than 10 percent solar and wind in NYS – the goal is to get that to be over 70 percent in the next 15 or 20 years, but until then, we need clean, efficient Q: Are you paying taxes?

environmentally friendly generation. Q: What is the realistic timetable for renewables? The governor and the state have been sponsoring many new projects, we’re enthusiastic about those projects, but realistically we’re at least a decade away from being able

Q: The governor is pushing for New York to be green state and opponents say your plan does just the opposite: We completely support the state’s environmental goals. But we know you can’t power this industry and this residential base with just wind and solar. We need back up. We need dispatchable, environmentally friendly back up and that’s what the new Danskammer would be.

One of the things they ask is whether we can do renewables on the site. It’s not large enough to do much in terms of solar or wind, but we are installing a technology that will run on green hydrogen, 30 percent day one if it was available. And over the next 15-20 years we think renewable hydrogen can be the solution and the addition to our renewable economy.

school system.

They are absolutely playing off people’s fears of the impact of pollution, the impact on their water, playing off people’s fears about climate change, all of which we understand. But the science shows that a new highly efficient plant at this site is much better for the environment and much better for the economy. There’s been a lot of political opposition from the environmentalists who really would oppose anything we’re doing – not based on science but simply on the policy of no. We don’t to our climate change problems that we have to solve as a state. Q: It sounds like you are being a realist? I’ve been a dedicated environmentalist, grew up in a family very committed to the environment. I completely support the state’s climate change goals. We’re proud that NYS is showing leadership on this front. But we

Q: The state is closing Indian Point. What happens if the new plant is not approved? The old Danskammer would run more than it does now, which is less than 5 percent of the time. The models say it may run between 10 and 20 percent of the time using

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to the Town of Newburgh to support the Marlborough

believe no is a policy. We don’t think that’s the solution

Q: Can you compromise with opponents?

County. The new plant will increase its tax payments

Q: Opponents say people should fear this project:

to rely much more on renewables.

the technology from the 1950s.

Right now, we are one of the largest taxpayers in Orange

can’t rely on the old infrastructure to get us to the renewable future. We need to put new technology in place so we can build the renewable grid and back it up as necessary. Remember, the wind doesn’t always blow, and the sun doesn’t always shine. You’ll need to have a dispatchable resources in the Hudson Valley to continue to provide electricity.

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PLUMBERS / STEAMFITTERS / HVACR SERVICE LOCAL 21

FRANK PALEN BUSINESS MANAGER BUSINESS AGENTS THOMAS CAREY JOSEPH DULLEA

R ON D I A Z THOMAS Oâ&#x20AC;&#x2122;BRIEN

PRESIDENT ANTHONY MUCCIOLI

TREASURER

RICHARD Dunphy

VICE PRESIDENT CRAIG STRASSER

RECORDING SECRETARY DONALD CALABRESE

EXECUTIVE BOARD Patrick Heavey john stalker MICHAEL SWEENEY Frank alessandri

BRIAN FOLEY

FINANCE COMMITTEE

ROBERT KELM

MICHAEL ZOTTOLA

EXAMINING BOARD LAWRENCE MUIR RICHARD STALKER JOHN ELLIS JEFFREY MOLONEY INSIDE GUARD ROBERT NEZAJ

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Thank You to Our Everyday Heroes! We truly appreciate your commitment.

Thank you for all you do for our communities every day! From The Board, Members and Staff at: Construction Contractors Association of the Hudson Valley Fabricators, Erectors & Reinforcing Contractors of the Hudson Valley SMACNA of Southeastern New York

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TECHNOLOGY SHOPPING FOR SPENDING-WARY CONTRACTORS By Michael Turturro

COVID-19 has created unprecedented challenges for every industry. Many contractors saw projects come to a screeching halt in the spring. Now it’s time to dust off our work boots, roll out new blueprints and once again be onsite together, safely. If you are like millions of Americans facing turbulent financial realities, spending money is the last thing on your mind. But in an unpredictable world, utilizing emerging technology is one vital way you can ensure your company thrives today and remains one step ahead of the competition tomorrow. Consider tools from artificial intelligence, to augmented reality. Here we will explore ways you can incorporate new technology into your business and make smart financial decisions to set you and your team up for success.

BUY WHAT YOU NEED, NOT WHAT YOU WANT Once you sit down (or ZOOM call) with your team of financial experts and decide to budget for new technology, it’s time to reflect. What area of your work is the most outdated, what aspect of your construction company needs a modernization? The same way you should never go to the grocery store without a shopping list, you never want to blow through a tech budget without a game plan.

Do your research and talk to other industry experts so you can feel confident about your purchase in this uncertain economy. Maybe that new drone model you’re considering is about to be replaced by an upgraded model. Does it make sense to wait to buy?

RECRUIT YOUR TEAM TO HELP MAKE A SMART CHOICE Not an expert on construction technology? No problem. Technology is often pricey and it’s no small commitment. Discuss your potential purchase with the employees who will be using it. Will it help them thrive or complicate their day to day? For example, wearable tech is already a part of many mainstream personal gadgets we rely on, but consider the possible applications in construction. The company Shimabun recently released an upgrade kit that can be used to outfit standard hardhats with a range of advanced safety capabilities. The tech-equipped hardhat can monitor location, motion, and temperature. Whatever purchase you’re considering, consulting your team will help you make an informed investment and ensure that it’s a smart decision for your team and your bottom line.

MANAGE YOUR APPS ]“Application sprawl” is a term used to describe a common situation in which too many apps demand too many IT resources. Many construction businesses regularly use 100

ON THE LEVEL:

Michael Turturro, CPA, is Managing Partner with RBT CPAs. He can be reached at Mturturro@rbtcpas.com, 845-567-9000, ext. 236, or visit www.rbtcpas.com

or more apps — and often keep purchasing new ones without clearing the digital clutter. Ask yourself and your team whether you really need all of your apps. Some may be rooted in your company’s history and endure as legacies, even though they lack efficiency. Review current apps and eliminate ones you no longer use. Doing so could result in savings as you reduce the demand on your IT system’s resources. Remember to constantly reassess the tools you have and need.

YOU CAN’T OPT OUT Technology is part of your construction company’s success — there’s no way to opt out. There will always be tried-and-true methods that work for you. Maybe your company has been in your family for generations, or perhaps you recently opened amidst the economic turmoil of the pandemic. Wherever you are on your career trajectory, technology needs to be a part of your company’s future. You can keep your company’s values intact while implementing new technology to launch into future growth. Think carefully about what you need before you go shopping, and don’t hesitate to consult financial experts for advice.

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EST. 1977

LaFarge North America Ravena, NY

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Butter Hill Water System New Windsor, NY

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Phone: (845) 223-5115 Fax: (845) 223-3721

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Amazon Warehouse Project Rises in Montgomery As Labor Day arrived pre-cast walls were in place and structural steel was beginning to cover the shell around what eventually will be Amazonâ&#x20AC;&#x2122;s $75.2 million distribution center in the Town of Montgomery. Construction on the 1,010,880-square foot facility at the intersection of Routes 747 and 17K will be the largest building in Orange County and is expected to be completed next fall.

The project will create 300 construction jobs, employ more than 800 people and over 15 years provide more than $25 million in phase-in taxes and additional revenue to aid education, emergency services and municipalities in the region. Amazon is required to use at least 85 percent local labor. 58

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North Atlantic States Regional Council of Carpenters

LOCAL 279 Serving Westchester, Rockland, Putnam, Dutchess, Orange, Ulster, Sullivan and Columbia Counties 10 Corporate Park Drive, Suite A, Hopewell Junction, NY 12533 Phone (845) 440-1024 Fax: (845) 202-7398 www.carpenterslu279.org

EXECUTIVE BOARD President – James Malcolm Vice President – Edward Cooke

Treasurer – Matt Ross

Recording Secretary – Scott Smith

Financial Secretary – Pedro Galaviz

Warden – Stephen Jones, Jr.

Conductor – Edmond Streich

Trustees: Danny Durham, Augusto Marciante, Kevin Smith

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JOIN THE CCA! For over 60 years the Construction Contractors Association of the Hudson Valley

has had a hand in almost every significant construction project across the region. With its strategy of providing quality management coupled with outstanding workmanship by highly skilled local labor, CCA is the right choice to get the job done right, on time and within budget.

Membership to the CCA includes: • Promote your business or company on all CCA social media platforms • Contact list of professional contractors, suppliers and service providers • Direct networking with our members at golf outings, lobster bake and holiday gathering • Availability of PPE supplies

Members can take advantage of our health insurance plans that offer: • Multiple plans to choose from • Favorable premium rates not available in the open market • Highly rated national insurance companies • Extensive lists of preferred providers

FOR MEMBERSHIP: Contact Alan Creais, Director of Member Services at 845-562-4280 or awcreais@ccahv.com

FOR ASSISTANCE WTH CCA HEALTH PLANS: Contact Robin Seidman at rseidman@ccahv.com or Millie Rodriguez at mrodriguez@ccahv.com

845-562-4280 60

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WE’RE HERE FOR YOU

Your health and safety have always been our priority. Learn more about what MSLC is doing to keep you healthy and safe at www.MontefioreSLC.org O U R H E ALTH C AR E PR OFESS I O N A LS A RE RE A DY TO S E RV E YO UR N E E D S. Newburgh • • • • • • • • • • • • • • •

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Cornwall •

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Rehabilitative Services including Physical, Occupational and Speech Therapies, Driver Evaluation and Advisement, A Center for Cognitive and Memory Services, and Cardiopulmonary Rehabilitation

Fishkill • •

Center for Sleep Medicine Center for Rehabilitation

MSLC thanks you for your commitment to decreasing the spread of COVID-19 through the use of mask wearing and social distancing. Keep up the great work!

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Our Latest Project:

Specializing in Commercial Buildings • • • •

Brick & Block Precast Units Tuckpointing Repairs

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Decorative Wall Construction Pointing and Repointing Stone Veneer Cultured Stone

Red Hook High School 103 W Market St Red Hook, NY

Over 27 Years of Experience in All Phases of Masonry BUILT ON EXPERIENCE AND TRUST Contact James McGowan 845.339.0329 jim@mcgowanmasonry.com 5 Railroad Avenue, Kingston, NY 12401 62

ON THE LEVEL:

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Go to CCAHV.com Advocacy. Community. Projects. News. Events. On your computer, laptop or mobile device.

VISIT. EXPLORE. SIGN UP NOW.

UPCOMING EVENTS Holiday Get-Together & Charitable Event November 30, 2020 RBT CPAs, LLP is your solution for all of your accounting, tax, and assurance needs. Make sure you are operating at peak financial efficiency by leaving your financial statements, internal auditing, and overall business analyses to us. Offices in Newburgh, Poughkeepsie, Wurtsboro & NYC Call (845) 567-9000 www.rbtcpas.com Over 55 Years of Personal Attention & Solutions for Your Professional Financial Needs

The annual CCA Golf Outing scheduled for October 8 had to be cancelled. The CCA will schedule TWO golf outings in 2021! The first golf outing is scheduled for late May 2021 and the second outing is tentatively set for September or October 2021. The CCA intends to combine the lobster-bake with the golf outings. For information on all events call the CCA at 562-4280. *All dates subject to change pending government and CDC guidelines.

Serving the legal needs of the business community in the Hudson Valley for more than 75 years for profit and not-for-profit corporations, real estate, medical services, construction, trusts and estate planning, and local government 655 Little Britain Road New Windsor, NY 12553 ON THE LEVEL:

845-562-9100 www.riderweiner.com

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