The Professional Contractor Summer Fall 2013 by The Warren Group

THE PROFESSIONAL

SUMMER/FALL 2013

A Publication of the Associated Subcontractors of Massachusetts, Inc.

Industry Profile Jones Lang LaSalle Construction

Passing the Torch Planning for the Future of Your Company

Wrap-Up Programs Avoiding the Pitfalls

Health Insurance The Effects of Health Reform on Small Businesses

THE PROFESSIONAL

A Publication of the Associated Subcontractors of Massachusetts, Inc.

18 Health Insurance The Effects of Health Reform on Small Businesses cover story

features

04 PRESIDENT’S VIEW Looking Back as We Look Forward 06 INDUSTRY PROFILE Jones Lang LaSalle Construction – Not Your Ordinary Builder 08 BUSINESS PLANNING Passing the Torch to Your Successor 10 TECHNOLOGY On-Screen Takeoff®: Estimating, the New-Fashioned Way 12 INSURANCE OCIPs, CCIPs and Subcontractors: Some Key Considerations

14 18TH ANNUAL GOLF TOURNAMENT ASM Members Enjoy Golf at The International 22 PAYMENT BONDS Know Your Rights Before Crossing State Lines 26 PHOENIX RISING Rising Rates Could Damage Fledgling Construction Rebirth 28 MEMBER NEWS

The Professional Contractor

PRESIDENT’S VIEW

BY DAVID G. CANNISTRARO

Looking Back as We Look Forward

wo and a half years seems like plenty of time to accomplish big things. In the life of an association, however, it’s a very short time – and it goes by quickly. I should know – it’s been my privilege to serve as the president of the Associated Subcontractors of Massachusetts for the past two and a half years. Back in April 2011 it was hard to know what the next two years would bring, with the economy still so uncertain, and membership in the association still taking a hit as a result. But we began with a sense of optimism and a commitment to embrace change and move forward. Two years and several months later, the outlook is far more positive, for both the economy and the association. You can see that just through the pages of this magazine over that period of time. It was early in 2011 that we reported the first signs of recovery. By mid-2012, with big plans for the Seaport District, the future was definitely looking bright for the industry and our members; and by early this year, we said in bold headlines, “Finally, things are looking up …” (fiscal cliff notwithstanding)! Today, cranes dot the Boston skyline, with big projects of all types breaking ground and rising up, and many contractors now as busy as we were before the recession began. At ASM, we are growing again too, and remain as busy as ever. Over the past two years, we never stopped in our efforts to add value to membership and promote subcontractor success. Breaking new ground, we became one of just a handful of associations to win state approval to form a group health purchas-

ing cooperative; ASM’s Health Co-op opened its doors in April this year, offering members significant savings not available anywhere else. We have also helped members save on education, vehicle leasing, and other business services – as well as on legal advice, through our legal hot line. In the legal arena, we have worked closely with state officials on proposed reforms to public construction – being ever vigilant to the interests of our members; and we won a legal appeal to protect subcontractor bond rights on public work. Perhaps most important, we have invested heavily in advocacy, with a determination to build on our 2010 Prompt Pay victory, and pass legislation to set limits on retainage, and speed up the release. In just two years, we made great progress with our retainage bill – and we won’t stop until the new law is signed. It is with that in mind we took one of the biggest steps in our 60-year history – we moved out on our own, choosing to remain in Boston and close to Beacon Hill, instead of moving to the suburbs and remaining under the roof of the law firm that has served as counsel to ASM for 60 years. While we continue the closest of ties with Corwin & Corwin, and are grateful for their support, we are now on our own at the center of action in the state – where we are in a better position to make things happen. Summing it up – it has been a short two and a half years, but productive, where “big things” happened, with promise of more to come. I am proud to have been part of it. s

David G. Cannistraro is executive vice president of J.C. Cannistraro in Watertown, and president of ASM. He can be reached through ASM at (617) 742-3412 or by email at president@associatedsubs.com.

The Professional Contractor is published by The Associated Subcontractors of Massachusetts, Inc. One Washington Mall | Fifth Floor | Boston, MA 02108 tel 617-742-3412 | fax 617-742-2331 mail@associatedsubs.com | www.associatedsubs.com

ASM Officers

President: President Elect: Vice President: Vice President: Vice President: Treasurer: Past President: Past President:

ASM Directors

David G. Cannistraro J.C. Cannistraro, LLC Richard R. Fisher Red Wing Construction Joseph H. Bodio Lan-Tel Communications, Inc. Steven P. Kenney N.B. Kenney Co. Gregory A. Porfido Mark Richey Woodworking & Design, Inc. Russell J. Anderson Southeastern Metal Fabricators, Inc. Sara A. Stafford Stafford Construction Services, Inc. Scott H. Packard Chapman Waterproofing Co.

Summer/Fall 2013

The Warren Group Design / Production / Advertising www.thewarrengroup.com custompubs@thewarrengroup.com ©2013 The Warren Group, Inc. and Associated Subcontractors of Massachusetts, Inc All rights reserved. The Warren Group is a trademark of The Warren Group Inc. No part of this publication may be reproduced in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage and retrieval system, without written permission from the publisher.

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INDUSTRY PROFILE

Jones Lang LaSalle Construction – Not Your Ordinary Builder

F Jeff Burke

Karl Ginand

Steve Wassersug

Summer/Fall 2013

or more than 45 years, Jones Lang LaSalle Construction (JLLC) has offered comprehensive services as a construction manager, general contractor, and design/builder in the New England marketplace. With over 60 team members, the company executes a variety of projects each year throughout New England, including everything from office fit-outs and complex life sciences projects to new restaurants and advanced technology manufacturing centers. JLLC is actively involved in renovation and ground-up projects for clients in the life sciences, higher education, corporate, industrial, technology, hospitality, residential and retail sectors. One of JLLC’s largest current projects is Entegris’ new 80,000 square foot i2M Center for Advanced Materials Science in Bedford, Mass. The i2M Center will be one of New England’s leading R&D and manufacturing centers for filtration media, electrostatic clamps and proprietary advanced, low-temperature coatings. The complex 17-month, multicontrol zone project includes business, factory, hazard class 2, storage and assembly uses. Another project that JLLC is currently working on is the Warehouse Bar & Grill in Boston’s Financial District. Scheduled for completion in late August, the 104-seat restaurant will feature a modern industrial design, polished concrete floors, and an exposed ceiling. JLLC started out as part of a real estate services company and has become an industry-leading third-party construction company, with over 80 percent of their work generated from sources outside of Jones Lang LaSalle (JLL). Their integration with JLL gives JLLC the platform to provide clients with certain unique benefits, including in-depth knowledge of real estate markets and industry trends. JLLC is the only construction services provider within a real estate firm, allow-

JLLC knows that it is a team approach that leads to their continued success and that they could not achieve the excellent results they do without the help of the subcontracting community. ing them to go beyond basic construction services by leveraging knowledge of the real estate process and how it relates to their clients’ properties and projects. An additional benefit of being integrated with JLL is that it provides JLLC with the financial stability and buying power of an international company. “We are in constant communication with property managers and brokers, which gives us valuable information about the types of issues our clients are dealing with. We really look at every project, from pre-construction through closeout, from the client’s perspective and make sure that we are taking all necessary steps to ensure that they are seeing the results they expect,” says JLLC Managing Director Steve Wassersug. Seeing things from the client’s perspective has led to successful projects and satisfied clients. “The whole JLLC team worked really well together and helped us tremendously. Everyone was professional, pleasant and resourceful,” says Maggie Debbie, senior vice president of asset management at MassDevelopment. Another huge factor in JLLC’s success is their relationship with the subcontracting community. “We take a team approach to every project,” says JLLC Director of Field Operations Jeff Burke. “Everyone we work with on a project is

treated professionally and respectfully. We know our partnerships with our subcontractors are the key to our shared success.” JLLC values the information that the subcontracting community can provide and appreciates open communication. “Subcontractors are an integral part of our estimating process,” says JLLC Chief Estimator Karl Ginand. “We lean heavily on them for their expertise in cost, constructability, planning and know-how.” In return, subcontractors can expect integrity, trust and prompt payment from JLLC. In addition to excellent subcontractor relationships, JLLC feels they have achieved success on a project if they have exceeded client expectations, brought in the project on time and within budget and kept everyone safe over the course of the project. They meet with the client post-project to make sure the client is happy with their work and learn if there is anything they can improve upon. JLLC feels fortunate to consistently receive positive feedback during these debriefs. “EMD Serono would like to recognize [Jones Lang LaSalle’s] leadership in delivering the project on time and on budget, and recognize them for delivering the project with no impact to our executives or the operations of the facility. We look forward to the next project,” says Tony Meenaghan, director of U.S. facility management and engineering at EMD Serono. JLLC knows that it is a team approach that leads to their continued success and that they could not achieve the excellent results they do without the help of the subcontracting community. s

November 19 – 21 Boston Convention & Exhibition Center

Where New England’s real estate industry meets. 400 exhibitors, 150 workshops and myriad social opportunities await.

Produced by the Boston Society of Architects

abx2013 / The Warren Group / 7.25 x 4.75 / August 14, 2013

abexpo.com The Professional Contractor

BUSINESS PLANNING

BY WILLIAM F. RUCCI JR., CPA, MST, CGMA AND HARRIS KLIGMAN, BA, CPA, CA, TEP

Passing the Torch to Your Successor Without a Plan, You Risk Adverse Financial, Tax Consequences

o New England television viewers, their faces have become as ubiquitous as their jingle, “quality, comfort and price … that’s nice.” Bernie and Phyllis Rubin, founders of Bernie & Phyl’s Furniture, had become local celebrities over the years as the stars of their own TV commercials. Then about five years ago, astute viewers began noticing a change. The couple’s sons Larry and Rob were taking a more central role in the company’s TV spots, and were soon joined on-screen by their sister Michelle. At one point the entire family was in the mix. Lately, viewers have been seeing less and less of the founders. Right before our eyes, the rise of the company’s next generation of leaders is playing out in a very public way. The transition is providing all business owners with a window into the process, as well as a reminder that in most businesses, passing the torch is inevitable. Ready or not, privately-owned businesses are entering a period of massive leadership transition in the next decade. With an estimated 8,000 people turning 65 each day, seven in 10 business owners in the U.S. expect to exit their company in the next 10 years. So it’s only a matter of time before construction company owners are forced to confront important questions about the survival and continuation of their businesses. The stakes couldn’t be more important. Without proper planning, owners may face adverse financial and tax consequences for themselves and their families. But by starting early, a sound succession plan can lay the foundation for a smooth and personally fulfilling transition. So why are owners avoiding the planning process?

The attitudes expressed by many family business founders probably sound familiar: “Retire? I might as well be dead.” “Nobody can run my business as well as I can.” “My children will ruin everything I’ve built.” “How can I be fair to all my children if only one of them is in the business?” Not surprisingly, these fears can hinder planning. Without proper planning, a business owner can risk adverse financial or tax implications, or even endanger the future of the business. Conversely, a well-defined succession plan can ensure a successful transition. For these reasons, it is important that, as a business owner, you put an effective succession plan in place. When building your plan, it is best to 1) start early, 2) create a support team, 3) identify and communicate your goals and objectives, and 4) design, develop and monitor the succession plan.

Start Early The timeline for implementing a successful plan is about five years. Add to this the time needed to explore alternatives and the horizon becomes even longer, making retirement feel like a distant concern. Yet an unexpected illness, death, or divorce can force you to confront reality much earlier. Thus, it is important that your wishes and goals be made clear in case decisions need to be made in response to unforeseen circumstances. It is also important to allow enough time for stakeholders and family members to adjust to and accept your plans. Without their support, you risk alienating family members or losing key employees. Be sure to set aside enough time

Bill Rucci is a partner in the Boston-area accounting and business advisory firm Rucci, Bardaro & Falzone PC, where he heads the firm’s Construction Business Services Group. He can be reached at (781) 321-6065 or billr@rbfpc.com. Harris Kligman is the tax partner with Toronto-based Kestenberg Rabinowicz Partners LLP. He is co-chair with Rucci of Russell Bedford International’s North American Tax Services Group.

Summer/Fall 2013

A good succession plan must be flexible â&#x20AC;&#x201C; considering alternatives will allow you to respond with confidence if reality throws a wrench into the works. to choose, train and develop your successor before you step down.

Create a Support Team In its simplest form, a succession plan involves financial, legal, tax, and estate planning. It will be wise to include an accountant, a lawyer and perhaps other professionals on your planning team. Including family members and key employees will also help ensure their acceptance and prevent conflict. Your accountant may be a sensible choice to run the planning team, since tax planning and financial analyses are integral parts of the final succession plan.

Identify and Communicate Objectives Choosing a successor can be stressful, especially if you have several children. Most parents wish to treat their children equally, so where the business is only one asset of the estate, you may decide to allot other assets to children who are not active in the business. If you cannot identify a succes-

sor, it may be time to decide whether to sell or wind up the business. Be clear about your financial and personal goals for retirement. Your support team can help you articulate your goals and overcome the psychological barriers involved in publicly discussing personal matters. Once key employees and family members understand your intentions, they are more likely to support your plan.

Design, Develop and Monitor the Plan Once you have considered all your alternatives, put your succession plan in writing. At this stage, you will either identify a successor or begin to maximize the value of your business for a sale. A good succession plan must be flexible â&#x20AC;&#x201C; considering alternatives will allow you to respond with confidence if reality throws a wrench into the works. Regular meetings with your advisory team will ensure that your plan remains current, and will facilitate regular communication between key stakeholders. In summary, a carefully prepared succession plan is the key to a successful business transition. To be effective, the plan must consider all details, from choosing a successor to tax and estate planning, to managing the legal ramifications. Although the prospect of passing the torch to a successor may appear daunting, starting early with the right support team will make all the difference. s

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The Professional Contractor

TECHNOLOGY

BY CECILIA PADILLA

On-Screen Takeoff®: Estimating, the New-Fashioned Way

OST for concrete.

OST for drywall.

OST for roofing.

Summer/Fall 2013

ith electronic plans now widely accepted in construction, the industry is moving towards automating takeoff, estimating, and project management processes to improve workflow and increase profits. The first step in automating your estimating department is choosing the best takeoff solution for your business. No software program guarantees a company will win every contract, but a quality program will help contractors better manage day-to-day functions and increase productivity – all essential to being competitive, winning the job, and ultimately raising profits. Buying software is about choosing a provider who offers the right solution and service for your business. One of the leading software solution providers in the industry is On Center Software. The company provides automated takeoff, estimating, and project management software for various industries. On Center Software’s solutions for construction include On-Screen Takeoff®, Quick Bid®, and Digital Production Control,™ which drive improvement in every phase of construction from takeoff to bid to building lifecycle. This article will focus on On-Screen Takeoff®, a robust system which can effectively scale to support businesses of all sizes, from small contractors to global construction enterprises. Here we will highlight a few of its many features, and the way it benefits contractors through enhanced productivity and ROI. On-Screen Takeoff (OST) allows contractors to quickly retrieve and view plans from the architect or the plan room wherever they happen to be that day, office or field. The software allows users to view two different pages simultaneously – a time saving feature that avoids the need to flip back and forth between documents and is especially beneficial when leveraging multiple monitors. Users of OST love the “hot links” feature within the software. Hot Links allow the estimator to create hyperlinks to different pages within the bid to quickly bring up specification detail pages without ever leaving the current page view. OST eliminates the tedious, error-prone, and time-consuming task of counting items including outlets, sockets, posts, columns, plants, and sprinklers. Utilizing the shape recognition feature in the software, estimators can save valuable time by

letting the software perform the auto-count for them. The custom color-coded audit trail updates values as the takeoff is completed. This process easily identifies both missing and accounted-for takeoff. Other features of the software that result in time saving and accurate quantity measurement are the overlay and the typical takeoff. Changes are inevitable in any construction project’s life cycle; in many instances change orders are issued with little warning. In certain situations, modifications on the updated plans are not always clouded. On-Screen Takeoff takes the guess work out of the process by spotting changes and addenda to the plans. Overlaying plans improve takeoff and bid quote accuracy. Multiple plan changes are easily indexed, labeled, and shared in the field or office. The additions are marked in blue and the deletions are shown in red. As mentioned earlier, the software adapts well to all projects regardless of size. Projects such as hotels, hospitals and educational facilities have many identical spaces (typical groups) and repeating floors. OST has the ability to take off the floor or room once and replicate the work across the project. The takeoff can be further segmented into areas to generate an accurate breakdown of the costs involved. Cecilia Padilla is president of On Center Software, www.oncenter.com. For further information, call (866) 627-6246 or email questions@oncenter.com.

The latest release of On-Screen Takeoff added some new enhancements including the multi-condition takeoff. In the past, contractors had to takeoff walls, ceilings, floors, and trims separately. With this new feature, an estimator easily does the takeoff on all the objects simultaneously and the program automatically allots the quantities to each work item without any further interaction from the estimator. If the work needs to be assigned to a different scope, there is no need to perform the tedious steps of deleting and redrawing all the takeoff. On-Screen Takeoff has the ability to reassign the takeoff to a different condition with just a few clicks. All these features are great, but at the end of the day companies are looking for a solution that will improve collaboration and communication between employees whether they are in the office or out in the field. Foremen and supervisors need the most current set of plans in their hands at all times to keep the project on schedule. On-Screen Takeoff leverages tablet PCs to empower the field to communicate questions, create RFIs, and markup plans directly from the jobsite. The construction industry is well-populated by software that meets about 80 percent of users’ workflow needs. Companies leverage the last 20 percent by using a software vendor staffed by construction experts who develop integrated software that thinks like a contractor. The workflow of software should square nicely with the workflow of contractors. It’s not rocket science: Software must be intuitive to the user’s dayto-day processes. On Center Software believes in this whole heartedly and works diligently to meet the needs of the construction industry. s

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The Professional Contractor

INSURANCE

BY GREGORY G. PIERCE, CPA, LIA

OCIPs, CCIPs and Subcontractors: Some Key Considerations

wner-controlled insurance programs (OCIPs) and contractor controlled insurance programs (CCIPs), also known as “wrap-up” insurance programs, are consolidated insurance programs purchased by a single entity (the sponsor) to provide comprehensive insurance coverage to the majority of participants in a large construction project. The use of OCIPs and CCIPs (CIPs) has been increasing in popularity in recent years; with the continued use of these programs, it is very important that enrolled subcontractors understand the key issues that arise when faced with a project insured in this manner. While the potential benefits to CIP Sponsors are well known (e.g. cost savings, comprehensive coverage for all participants, use of a standardized project safety plan, potential for reduced litigation, etc.), CIPs present unique challenges to participating contractors that are worthy of careful consideration. This article will address a few of these challenges, and provide suggestions to help subcontractors avoid a few common CIP “pitfalls.”

Record Keeping When bidding to work on a “traditional” project, a subcontractor will normally include its insurance costs (and potentially a mark-up on these costs) as part of its bid. On a CIP, the Sponsor will look for all participating subcontractors to exclude certain insurance costs from the contract price, specifically those where coverage is contemplated to be provided by the CIP. Additionally, a common feature of many subcontractors’ insurance policies is an exclusion of coverage for projects subject to a wrap-up insurance program. Given these facts, it is very important that subcontractors maintain very careful records of all payroll and costs associated with a wrap-up project, and to exclude these totals from the expoGregory Pierce is senior account executive with NorthStar Insurance Services, Inc., Needham. He can be reached at (781) 431-2500, ext. 125 or gpierce@nsins.com.

Summer/Fall 2013

sures used to calculate premiums on their own insurance policies. If careful records are not maintained, a subcontractor could unknowingly end up paying premiums related to coverage for projects on which no coverage is afforded by its own program. Pay close attention to all documentation sent to your office by the CIP administrator, and make certain to double-check this data against your own records to verify accuracy. If your own policies exclude coverage for “wrap-up” projects, make sure your standard program auditors do not use CIP payroll to calculate standard program premiums.

Warranty and Punch List Work Another key issue that subcontractors must address when working on a wrap-up project is how (or if) general liability coverage is afforded for warranty or punch list work that is performed after substantial completion of the project (or after the CIP expires). As mentioned, many subcontractors’ general liability and umbrella policies feature some variation of a “wrap-up exclusion,” which generally states that coverage is not afforded for work performed on a CIP. Further, the policy expiration of a CIP may occur upon “substantial completion” of a project, or based on any number of triggering events. The CIP sponsor will typically extend completed operations coverage for some period beyond the policy expiration date, but this coverage does not address the premises/operations exposure associated with follow-up work performed on-site by subcontractors. In the event of a claim resulting from bodily injury or property damage caused by a subcontractor while on-site performing warranty or punch list work, both the CIP and the subcontractor’s policies could potentially deny coverage. The CIP could issue a denial because after CIP expiration, only completed operations coverage is afforded on the project; the subcontractor’s insurance carrier could deny coverage based on a “wrap-up exclusion.” If you are planning to perform work on a wrap-

up project after the expiration of the CIP, make sure you are clear on how your liability exposure would be covered in the event of a premises/operations liability claim. Often, insurance carriers can alter the “wrap-up exclusion” to specify that coverage will be afforded for warranty or punch list work.

Coverage for “Off-Site” Exposures Another major concern for certain subcontractors relates to how coverage is afforded for “off-site” exposures, such as the shop manufacturing or prefabrication of building components at one’s own facility that will ultimately be installed on a wrap-up project. CIPs often do not provide coverage for general liability, product liability, workers’ compensation, employers’ liability or excess liability exposures related to work that is not performed on the project site. Because of this, a subcontractor needs to be aware of how its own insurance program will address a claim resulting from work that is performed for the wrap-up project, but outside the physical limits of the actual project site. The_Professional_Contractor_August_2013.pdf 1 8/15/2013 4:17:58how PM Clarify in advance with the CIP Sponsor “off-site”

work for the project will be covered, if applicable. If this coverage is excluded under the CIP, make sure your standard program will step in to provide coverage. If you must rely on your standard program to offer this coverage, make sure to keep detailed records of your cost/payroll incurred “offsite” vs. “on-site,” i.e. during manufacturing/prefabrication vs. installation.

Conclusion This article certainly does not address all of the key issues and potential pitfalls that a subcontractor is faced with when enrolled in an OCIP or CCIP. Other considerations include the necessity to (1) determine the sponsor’s procedures surrounding deductible payment in the event of a claim and (2) understand the Sponsor’s claims handling procedures (especially with respect to workers’ compensation claims involving subcontractor employees). That said, the early consideration of key issues and potential pitfalls will help subcontractors ensure the successful and profitable participation in wrap-up projects. s

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The Professional Contractor

18TH ANNUAL GOLF TOURNAMENT

ASM Members Enjoy Golf at The International

t couldn’t have been much hotter in Bolton on July 15 – but over 270 members and guests turned out to play golf at the prestigious International Golf Club – and had a fabulous time, despite the heat! Most popular drink of the day? WATER, and lots of it, judging by our bill! It was our best turnout ever – completely sold out, with over 100 sponsors – a sure sign of an improving economy. Of course, our venue might also have had something to do with it, with two championship golf courses including one of the most challenging courses in the world! The ASM golf tournament is always an experience, and this year was no exception, with great food, gifts, contests and prizes, a popular new field goal challenge, and a phenomenal long drive performance by national champions Trez Simmons and Jeff Farley. The highlight of the evening dinner program was the presentation of this year’s Scholarship Awards, which are funded by proceeds from the event, and a special award presented to our longtime Golf Committee Chair, Steven P. Kenney of NB Kenney.

Kenney Receives ASM Outstanding Leadership Award ASM held its first golf outing in the spring of 1996 – a small but successful event that has not only become an annual tradition, but is today recognized as one of the best tournaments in the industry. For that first event, and every year since, Steven P. Kenney of NB Kenney has served as chair. And every year, it has continued to grow, evolve, and get better, providing a first-class experience for our players, and ever-more successful results as a fundraiser for the association. In recognition of his years of leadership as Golf Committee Chair – while also serving as an ASM board member, officer and former president – the association surprised Kenney at this year’s Golf Dinner by presenting him with ASM’s first Outstanding Leadership Award. He received a well-deserved standing ovation for his outstanding contributions to ASM, both on and off the golf course, over the course of 18 years. 14

Summer/Fall 2013

Pictured with Steve Kenney are Golf Committee members Erik Maseng of Viking Controls; Erin Copithorne of M.L. McDonald, and Clem Clare of Xcel Fire Protection.

2013 Scholarship Winners Receive Awards at Golf Tournament In keeping with annual tradition, the Golf Dinner was the setting to present ASM’s 2013 ASM Scholarship Awards, funded by proceeds from the event. We congratulate the three outstanding students who received this year’s awards: Stephen DiGiusto of Braintree, sponsored by McGladrey (Charlestown); Elizabeth Magill of North Attleboro, sponsored by Wayne J. Griffin Electric (Holliston); and Allison Rivard of Lunenburg, sponsored by N.B. Kenney (Devens). Stephen is headed to UMass Amherst to pursue a business degree; Elizabeth plans to study business marketing; and Allison is entering her second year as an honors student in chemical and environmental engineering at Worcester Polytechnic Institute. We extend our congratulations to all three and wish them the best of success in college and beyond.

Golf Chair and ASM Vice President Steve Kenney presents Scholarship Awards to Elizabeth Magill and Stephen DiGiusto. s

Welcome to The International.

Gift coolers distribution team.

Thank you, sponsors!

HIG.ProContractor

1/31/07

4:48 PM

Page Raffle 1tickets, anyone?

Steve Kenney and team.

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FIVE STAR Award of Distinction

Three Generations of People Protecting People

The Herlihy Construction Division Farewell wave â&#x20AC;&#x201C; on the way at last!

General Liability Fleet Automobile Workers Compensation Contractors Equipment Bonding Subcontractors Design E&O Dividend Plans Group Health

www.herlihygroup.com 888-756-5159 65 Elm Street, Worcester, MA 01609 Pro salutes member who drove the ball further.

The Professional Contractor

continued from page 15

Thank You, Major Golf Sponsors! COOLER GIFT BAG TGA Cross Insurance, Wakefield LONG DRIVE SPECIALISTS Acadia Insurance Company REGISTRATION The Suffolk Group LUNCH Energy Insulation Red Wing Construction RECEPTION Alliant Insurance Services, Inc. McCusker-Gill

GOLF CLUBS Stebbins-Duffy Victaulic

FIELD GOAL Corwin & Corwin LLP N.B. Kenney Co.

SCORE CARDS McGladrey Thermo-Dynamics Hole in One Insurance Eastern Insurance

LONG DRIVE Greater Boston NECA NEMCA

PRACTICE TEE AirGas East, Inc. Colony Hardware PUTTING GREEN Salem Glass

DINNER Acadia Insurance Company J.C. Cannistraro, LLC

COURSE BANNER Johnson Controls NorthStar Insurance

BEVERAGE CARTS Lockheed Window Corp. Siemens Industry

PIN FLAGS Eastern Insurance Manganaro Northeast

GOLF CARTS The Protector Group Wayne J. Griffin Electric

CLOSEST TO PIN Milwaukee Valve Company PHCC of Greater Boston Southeastern Metal Fabricators Stafford Construction

GOLF BALLS Eastern Bank

RAFFLE ASAHI/America Buckley Associates Chapman Waterproofing Frank I Rounds Milharmer R&R Window Contractors Vibra-Conn Inc. W.A. O’Leary & Sons, Inc. Zurich Surety SCHOLARSHIPS Capone Iron E. Amanti And Sons ENE System N.B. Kenney Co. Royal Steam Heater Southeastern Metal Fabricators William F. Lynch Co.

Boy, are we good (or at least we’re having fun trying)!

Trez Simmons giving a few pointers.

Scott Packard and the Chapman team.

Team Energy Insulation.

Summer/Fall 2013

Trez slams ball through solid wood.

Team NB Kenney 2.

Long Drive Pro Jeff Farley.

SullGroupTPC

1/29/09

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Rich Fisher and Rick Boynton practice hands-free driving.

Member practicing to be a champ.

Insurance Relationships:

Team Acadia relaxing at dinner.

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The Professional Contractor

Health

The Effects of Health

Summer/Fall 2013

Insurance

Reform on Small Businesses By Hugh R. Devlyn

From an employer’s perspective, the Patient Protection and Affordable Care Act (ACA or Obamacare) has undergone many changes – some good, some bad, and many that remain unclear. Rarely does a piece of legislation create so much controversy and evoke so much cynicism. Whether you’re for, against, or neutral on the ACA, you need to understand it. It is most likely here to stay. A cornerstone of the ACA legislation – one upheld by the Supreme Court – is the individual insurance mandate. This mandate requires that all Hugh R. Devlyn U.S. citizens and legal residents have “qualified” health coverage or pay penalties for a lack thereof. For an individual, the penalty begins in 2014 at the greater of $95 or 0.5 percent of household income. In 2015, this grows to $495 or 1 percent. In 2016, it reaches $750 or 2 percent. (For families, it will be $2,250). After 2016, the amount will rise by a cost-of-living adjustment. Most of the ACA provisions to date have involved only coverage extensions. These enhancements, such as eliminating pre-existing condition exclusions and covering dependents to age 26, are

popular with employees but have done nothing to control cost or expand small employer coverage offerings. The law’s tax credits, provided to small businesses that provide health insurance, will eventually expire; therefore, they may actually do little to help small employers afford insurance over the long term. Historically, small businesses (fewer than 50 employees) have faced multiple barriers to offering affordable health insurance coverage to employees. These barriers – which include high administrative costs, rating factors (based on the age of employees, gender, and organization industry, etc.), and a limited ability to spread risk – all contribute to higher premiums for small firms. As a result, small firms are less likely than larger firms to offer health insurance to employees; and therefore find themselves at a disadvantage in competing with larger firms for employees. Several components of the ACA will affect if and how small firms decide to offer health insurance. Health insurance continued on next page

The Professional Contractor

continued from page 19

exchanges and the Small Business Health Options Program (SHOP) exchanges (when finalized), coupled with reforms to health insurance markets, may benefit small firms seeking coverage for their employees. Tax credits to assist in purchasing coverage will be available to the smallest low-wage employers, while larger employers will face new requirements to contribute to the cost of their employees’ health insurance coverage. Expanded options outside of employer-sponsored coverage – including a Medicaid expansion, reforms to the individual insurance market, and government subsidies to low income families – are expected to benefit small firm employees. The belief behind this legislation is that employers with fewer than 50 employees should experience substantial savings on healthcare costs due to the benefits of the health insurance exchanges and tax subsidies for small businesses. It is anticipated that a significant number of the smallest employers will now offer health insurance under the ACA due to tax subsidies, while the number of firms offering coverage with more than 25 employees will remain stable as these firms receive no credits. The Congressional Budget Office (CBO) has estimated that only 12 percent of the nation’s small businesses will qualify for the credit. Under the ACA, only firms with fewer than 10 employees will receive the full tax credit (up to 50 percent of health coverage expenses). For firms with 11 to 25 employees, the credit is reduced per employee. In addition, only firms who pay their workers $25,000 or less are eligible for the full credit. The credit is reduced as the average wage goes up, stopping at $50,000. The credit begins in 2010 for existing coverage expenses, but lasts only until 2016. Beginning in 2014 (when the exchanges are supposed to be up and running), businesses that are eligible for the credit will be required to offer highly comprehensive plans and pay the vast majority of their employees’ premiums. After two or three years, when the credit will vanish entirely, an immediate spike in the insurance costs of small businesses will follow. One of primary benefits of health care reform for small firms may come from the introduction of the SHOP exchanges. All plans offered in the exchanges will have to conform to new rating restrictions established in the ACA; the same is true for new policies issued outside the exchanges in the small-group and individually purchased markets. Premiums will only be allowed to vary in these markets based on age

Summer/Fall 2013

(with premiums charged for those age 64 capped at three times the premium for an 18-year-old for identical coverage) and tobacco use (with users charged no more than 1.5 times the premium for non-users), geography and policy type (e.g., single, family). No premium rating based on health status, claims history, industry, group size, duration of coverage, etc., will be permitted. It is important to note that small business employers face no requirements to contribute to the cost of health insurance for their workers under the ACA. However, an employer with 50 or more employees that does not offer health care benefits to those working 30 or more hours per week will face a fine of $2,000 per person. These rules were originally scheduled to begin in 2014 but have recently been postponed until 2015. As explained, small employers face numerous barriers to purchasing coverage for their employees in the current health care system. The ACA, however, may improve the accessibility and possibly the affordability of coverage for small firms. While each employer will face unique circumstances under health care reform, some employers – through SHOP exchanges and tax credits – may be able to access more affordable coverage in the short term. The affordability of providing health insurance coverage over the long term, however, remains questionable. s Hugh R. Devlyn is director of benefit services for TGA Cross Insurance, Wakefield. He can be reached at( 781) 224-5756 or hdevlyn@tgacross.com.

Editor’s Note: Small businesses that are members of the Associated Subcontractors of Massachusetts can save on health insurance costs now, and at least through 2015, by participating in ASM’s Health Insurance Co-op, which offers several competitive plan options in partnership with Blue Cross Blue Shield of Massachusetts – all with an exclusive member discount not available outside the Co-op. For more information, visit www. associatedsubs.com; call your benefits broker, or contact our Co-op Administrative Team at TGA Cross Insurance, (781) 224-5755.

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PAYMENT BONDS

BY CAROLYN M. FRANCISCO, ESQ.

Little Miller Acts

Know Your Rights Before Crossing the Border

nacted in 1935, the Miller Act is the payment bond statute for federal construction projects.1 A remedial statute, the Miller Act is designed to provide security to persons furnishing labor and materials on covered federal construction projects. As the Miller Act only applies to federal jobs, states have enacted their own payment bond laws. Known as “Little Miller Acts,” the purpose of these statutes is the same – protection for those furnishing labor and materials for the project. However, each statute will dictate on which public projects a general contractor must furnish a payment bond,2 the penal sum of the bond, what is covered under the bond (e.g., labor, materials, equipment, transportation costs, etc.), who is covered under the bond, and the conditions for asserting and perfecting a claim (i.e., notice and filing suit). Case law has further defined the conditions and coverage of public payment bond claims. For example, some courts have not extended bond coverage to lower tier subcontractors or material suppliers. The bottom line is that state statutes differ from each other, and from the Miller Act. No two laws are exactly alike. An out-of-state project can turn disastrous for a subcontractor if the general contractor becomes insolvent and payment bond rights are lost. Familiarity with the public payment bond laws of the state in which you are working may mean the difference between a successful project, and one that you wished you never left home for. The following charts are intended to provide a general overview of the payment bond laws in Massachusetts and neighboring states with respect to: claimant status, whether writCarolyn M. Francisco is a partner at Corwin & Corwin LLP, one of the only law firms in new England dedicated solely to construction law and counsel to ASM since 1950. She may be reached at (617) 742-3420 or email cfrancisco@corwinlaw.com.

Summer/Fall 2013

ten notice is required and the deadline to file suit on the claim.3 As there are many nuances under these laws, an attorney should be consulted for specific advice and assistance in asserting a payment bond claim. s 1. The Miller Act is found at 41 U.S.C. §§ 3131 and 3133. It replaced the Heard Act (40 U.S.C. §270), which was enacted in 1894. 2. Whether a payment bond is required on a public project oftentimes depends upon the value of the project. Some statutes do not require a payment bond for smaller projects (e.g., Connecticut and New York, under $100,000; New Hampshire, under $35,000). 3. In the interest of brevity, the chart refers to persons furnishing “labor and/or materials.” Coverage may not necessarily be restricted to only labor and/or materials. The statute will typically define what is covered. For example, in Massachusetts the following is secured under the payment bond: “labor performed or furnished and materials used or employed therein, including lumber … material specially fabricated … transportation charges for materials used or employed therein … the rental or hire of vehicles, steam shovels, rollers propelled by steam or other power, concrete mixers, tools and other appliances and equipment … transportation charges directly related to such rental or hire … and payment by such contractor and subcontractors of any sums due trustees or other persons authorized to collect such payments …for health and welfare plans, supplementary unemployment benefit plans and other fringe benefits …provided for in collective bargaining agreements…” G.L. c. 149, §29. In New Hampshire “labor performed, materials, machinery, tools or equipment furnished” is secured by the general contractor’s payment bond. RSA 447:17. In New York “material” includes “the reasonable rental value for the period of actual use of machinery, tools or equipment, and the value of compressed gases furnished for welding or cutting, and the value of fuel and lubricants consumed by machinery operating on the improvement, or by motor vehicles owned, operated or controlled by the contractor or his subcontractors while engaged exclusively in the transportation of materials to or from the improvement for the purposes thereof.” NY CLS St Fin §137(5)(a).

CONNECTICUT PUBLIC PROJECT (Conn. Gen. Stat. §49-42) CLAIMANT:

WRITTEN NOTICE REQUIRED:

FILE ACTION IN COURT:

You furnished labor and/or materials for which a requisition was submitted to, or for which an estimate was prepared by, the awarding authority and have not been paid in full for such labor or materials within 60 days of the applicable payment date provided for in Conn. Gen. Stat. §49-41a(a), or you supplied materials or performed subcontracting work not included on a requisition or estimate and have not received full payment for such materials or work within 60 days after the date such materials were supplied or such work was performed.

(i) Written notice of the claim must be sent to the surety, and a copy sent to the general contractor named as principal in the bond, no later than 180 days after the last date labor or materials were furnished by the claimant. (ii) For the payment of retainage, as defined in Conn. Gen. Stat. §42-158i, such notice must be sent not later than 180 days after the applicable payment date provided for in Conn. Gen. Stat. §49-41a. (iii) The notice must state with substantial accuracy the amount claimed and the name of the party for whom the

(i) The lawsuit must be filed in court no later than 1 year from the date the claimant last furnished labor and/or materials. (ii) A suit solely seeking payment for retainage must be filed within 1 year after the date payment of such retainage is due pursuant to Conn. Gen. Stat. §49-41a(a).

labor and/or materials were furnished, and provide a detailed description of the bonded project for which the labor or materials were provided. (iv) The notice must be sent by certified mail, postage prepaid, or in any manner in which civil process may be served.

MASSACHUSETTS PUBLIC PROJECT (M.G.L. c. 149, §29) CLAIMANT: You furnished labor and/or materials under a direct contract with the general contractor and have not been paid in full within 65 days after the due date for same.

WRITTEN NOTICE REQUIRED: None.

FILE ACTION IN COURT: The lawsuit must be filed in court within 1 year after the date the claimant last furnished labor and/or materials.

You furnished labor and/or materials under a contract with a subcontractor who furnished labor or labor and materials for the project.

(i) Written notice of the claim must be sent to the general contractor within 65 days after the date the claimant last furnished labor or materials. (ii) The notice must state with substantial accuracy the amount due and to whom the claimant furnished the labor and/or materials. (iii) The notice must be sent by registered or certified mail, postage prepaid, or in any manner in which civil process may be served. (iv) In most instances it is good practice to send a copy of this notice to the general contractor’s surety.

Same as above.

You furnished specially fabricated material (whether or not the material was incorporated into the project) under a contract with a subcontractor who furnished labor or labor and materials for the project.

(i) Written notice of the claim must be sent to the general contractor no later than 20 days after receiving the final approval in writing for the use of the material. (ii) – (iv) Same as above.

Same as above.

continued on next page

The Professional Contractor

continued from page 23

NEW HAMPSHIRE PUBLIC PROJECT (RSA 447:17-18) CLAIMANT:

WRITTEN NOTICE REQUIRED:

FILE ACTION IN COURT:

You furnished labor and/or materials to the general contractor or a subcontractor.

(i) Within 90 days after the completion and acceptance of the project by the contracting party a statement of claim must be filed in the office of the secretary of state, if the state is a contracting party, or with the department of transportation, if the state is a party to said contract by or through said department, or with the department of administrative services, if

The lawsuit must be filed in court within 1 year after the date the claimant last furnished labor and/or materials.

the state is a party to said contract by or through said department, or in the office of the clerk of the superior court for the county within which the contract was principally performed, if any political subdivision of the state is a contracting party. (ii) A copy of the statement of claim must be forthwith mailed to the general contractor principal on the bond and surety.

NEW YORK PUBLIC PROJECT (NY CLS St Fin Â§137) CLAIMANT: You furnished labor and/or materials to the general contractor and have not been paid in full within 90 days after you last furnished the labor or materials. You furnished labor and/or materials under a contract with a subcontractor of the general contractor and have not been paid in full within 90 days after you last furnished the labor and/or materials.

Summer/Fall 2013

WRITTEN NOTICE REQUIRED: None.

(i) Written notice of the claim must be sent to the general contractor within 120 days after the date the claimant last furnished labor and/or materials. (ii) The notice must state with substantial accuracy the amount due and to whom the claimant furnished the labor and/or materials. (iii) The notice must be sent by registered mail, postage prepaid, or served by delivering it personally to the general contractor. (iv) In most instances it is good practice to send a copy of this notice to the general contractorâ&#x20AC;&#x2122;s surety.

FILE ACTION IN COURT: The lawsuit must be filed in court no later than 1 year from the date the project was completed and accepted by the public owner. Same as above.

RHODE ISLAND PUBLIC PROJECT (R.I. Gen. Laws §37-12-2; 37-12-5; 34-28-30) CLAIMANT: You furnished labor and/or materials and have not been paid in full within 90 days after you last furnished labor or furnished materials.

WRITTEN NOTICE REQUIRED: None, however in most instances it is good practice to send a notice of claim to the general contractor and surety when you furnished labor and/ or materials to a subcontractor or supplier of a subcontractor.*

FILE ACTION IN COURT: The lawsuit must be filed in court no later than 2 years, or no later than the maximum time limit contained in the bond, whichever period is longer, after the day on which the claimant last furnished labor and/or materials.

* Rhode Island General Law §37-12-2 provides that anyone furnishing labor and/or materials under a contract with a subcontractor (and not under contract with the general contractor) must provide written notice of the claim to the general contractor within 90 days from the date the claimant last furnished labor and/or materials. Such notice must state with substantial accuracy the amount claimed and the name of the party to whom the labor and/or materials were furnished, and be mailed by certified mail, postage prepaid. However, Rhode Island General Law § 34-28-30 provides that if a bond is given to secure payment for labor or materials furnished in connection with a construction project such bond shall enure to the benefit of any person furnishing labor or materials and such person may bring suit on the bond notwithstanding the fact that no notice was provided to the surety. The conflict between the statues was resolved in Atlantic States Cast Iron Pipe Co. v. Forte Bros., 474 A.2d 1250 (R.I. 1984) where the Rhode Island Supreme Court held that given language and intent of §34-28-30, notice under §37-12-2 is not required to maintain a payment bond claim.

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The Professional Contractor

PHOENIX RISING

BY JAMES CRONIN

Rising Rates Could Damage Fledgling Construction Rebirth Contractors Keeping a Wary Eye on Bernanke, Fed The specter of rising interest rates has construction and banking experts speculating on the potential impacts on the two industries, and the outlook is not rosy. Interest rates have recently been held at all-time lows to spur economic growth, but Federal Reserve Chairman Ben Bernanke has indicated he will consider “taking his foot off the brake” if the national unemployment rate drifts to or below 7 percent, as one local banking executive put it. “With current trends you’d think that would take a year, maybe two,” said Bob Mahoney, president and CEO of Belmont Savings Bank. “We’re begrudgingly losing a tenth of a point or two per quarter, and that would send [rising interest rates] into 2014 or 2015. An increase in interest rates will directly affect developers that are currently building projects across the region, according to Bud LaRosa, chief business performance office for Woburn-based Tocci Building Cos. Smaller developers that build office buildings and retail spaces could be especially hurt by a rise in interest rates because they tend to be more highly leveraged than larger development firms, LaRosa offered. And if those loans come with a floating rate, as they often do for construction loans, especially for firms with less capital on-hand, it could seriously affect their ability to pay down the loan in coming years, when interest rates could be several points higher than they are now. However, sectors of the industry like multifamily housing, medical buildings and life sciences space are more insulated in the commonwealth. There is strong demand for more housing, both from the market and from state government. All indicators point to the commonwealth being in need of increased apartment inventory, and for life sciences projects, “it’s almost like a homerun business,” LaRosa added. “The reason for going ahead on a project is it generates positive cash flow,” LaRosa said. The higher the interest rates, the further down the horiJames Cronin is a staff writer for The Warren zon is the repayment to Group, publisher of The Professional Contractor. the debt in full, “or for a project to start generat26

Summer/Fall 2013

ing positive cash flow. The repayment of the debt is fairly significant the higher the interest rates are. Most developers focus on niches, so I would guess their money would be shifted into other areas where it’s perceived to get a better return, like the stock market that just hit its all-time high. Real estate is a better investment when rates are low. As rates creep up, the money heads to other investments.” Whenever rates do rise, and most industry watchers think they’re bound to sometime, because they can only go up from their historic lows, it “obviously” will have a negative effect, “it’s just a question of to what degree,” said Peter Brown, president and CEO of Dedham Institution for Savings. But rising interest rates are only part of a complicated equation when it comes to construction projects, according to Brown. Developers have to consider the cost of supplies like lumber and steel, the services from legal counsel, the costs of planning with engineers and architects. Recently, Brown, whose bank gives out construction loans for projects for single-family and multifamily projects in Boston, Norfolk and Middlesex counties, saw his backlog of construction lending get a little longer as investors saw a hitch in interest rates. “When people saw that hiccup in rates they thought, ‘We’d better get this started before rates go up even more,’” Brown said. “Plus, now with qualifying mortgages, lenders have to assure they’re getting consumers into the right product. The underwriting criteria for residential loans have tightened up. The way loans were underwritten three or four years ago is more conservative nowadays. The rules have changed. And the combination of [potentially rising rates and stricter underwriting criteria] is not necessarily a good thing.” When rates do go up, that will cause Dedham Savings to get involved in even smaller projects than what they usually lend on, usually in the $1 million to $5 million range. Brown likes to see units in projects sell out in a year or year and a half, and if he thinks a project will take several years to sell out, the bank usually passes on it or provides the financing in phases, something that doesn’t always work out

for the developer. If rates rise and projects begin to fall by the wayside, it will hurt an industry that is already losing workers. The national unemployment rate for construction workers fell to the lowest July level in five years last month, even though employment has stagnated in the past four months, according to an analysis of new government data by the Associated General Contractors of America. “Although the unemployment rate for experienced construction workers came down to 9.1 percent in July, many of those workers have left the industry for other jobs, school or training programs, or retirement,” Ken Simonson, the association’s chief economist, said in a statement. “While the industry has added workers in the past year, employment growth has been negligible recently.” Construction employment in July totaled 5.79 million, up by 166,000, or 3 percent, from July 2012, but down by 6,000 from June, according to the industry group. Although both residential and nonresidential contractors have added workers in the past year, employment growth in July occurred only on the residential side. s

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The Professional Contractor

MEMBER NEWS Coghlin Electrical Contractors (Worcester) is proud to announce the completion of an 18-month, seven-building Honors College Dormitory Complex, including auditorium and cafĂŠ building, at the University of Massachusetts, Amherst. Working with Dimeo Construction as CM on the project, Coghlin was responsible for the electrical power and lighting, telecommunications, access control system, fire alarm, complex low voltage lighting control, and distributed antenna systems.

J.C. Cannistraro Inc. (Watertown) celebrated its golden anniversary in June, exactly 50 years to the week after family patriarch John Cannistraro Sr. opened a small plumbing business in his Waltham apartment with himself as sole employee and wife Rita as volunteer secretary. The company has since grown to become an award-winning, full-service mechanical contracting firm and one of the largest privately owned companies in the Boston area,

Cannistraro sons David, John Jr., Joseph and Michael flank company founder John Cannistraro Sr. 28

Summer/Fall 2013

with over 400 employees. Always on the forefront of technology, the company is known for its expertise in building information modeling (BIM) and innovative approach to every building project. Investing in good people as well as the best tools, it counts teamwork and collaboration as the keys to its success. Now retired, Mr. and Mrs. C watch with pride as the company continues to grow and succeed under the leadership of the second generation, with the third generation already in the wings. Executive Vice President David Cannistraro currently serves as president of ASM.

ENE Systems (Canton), a member of the InsideIQ Building Automation Alliance, will welcome InsideIQ members from around the world to Massachusetts on Sept. 23 for the annual meeting of the Alliance. InsideIQ, the largest international alliance of independent building automation contractors, represents leading innovators in building envi-

ronments and energy services. The group has 49 members across North America, Europe and Australia who generate more than $1.1 billion in annual revenue and employ more than 4,200 people. “The Boston meeting will offer the opportunity for InsideIQ member firms to share leading edge technical knowledge and best practices face-to-face,” said Lindsay Drisko, president of ENE. “Because InsideIQ firms aren’t owned by the manufacturers, we focus on quality and strive to deliver the best solutions for our customers.”

Lindsay Drisko, president of ENE Systems

The Professional Contractor

MEMBER NEWS LAN-TEL Communications Inc. (Norwood) has been invited to speak before several public safety groups about the work the company has been doing to increase public safety in schools and neighborhoods. In June Eric Johnson of LAN-TEL spoke at an FBI National Academy Associates conference in Plymouth and in July at the Southeastern MA Police Chiefs Association about the Critical Infrastructure Monitoring Systems (CIMS) network LAN-TEL has installed in nine greater Boston communities, allowing law enforcement officials to share video surveillance from centralized and remote locations. Also in July, LAN-TEL’s John Bartolomucci was a keynote speaker for the 3-day School Based Threat, Risk and Vulnerability Assessment (SBTRVA) Training, sponsored by the National Domestic Preparedness Coalition and the Brockton Public Schools. The goal of the training was to help school and campus officials implement procedures to ensure the safety of students in an emergency. John spoke about LANTEL’s security solutions and participated in workshop simulation exercises.

John Bartolomucci

Eric Johnson

John Barolomucci helps Brockton school administrators identify safety vulnerabilities.

Wayne J. Griffin Electric, Inc. (Holliston) celebrated its 35th anniversary in July. When it first opened in 1978, the company consisted of five employees and focused on residential and small commercial projects. Today, Griffin Electric employs over 1,200 individuals, including more than 1,000 skilled electricians, and performs electrical installations in commercial, municipal, medical, educational, industrial and retail markets. With headquarters in Holliston and regional offices in Alabama, Georgia and North Carolina, Wayne J. Griffin Electric ranks #16 on ENR’s 2012 list of the nation’s Top 50 Electrical Contractors, and is one of the Boston area’s largest merit shop electrical contractors. Company founder and president Wayne J. Griffin serves on the ASM board of directors.

Marr Scaffolding Company (Boston) is providing equipment and installation services for the demolition of Salem State University’s former library building, as the university undergoes numerous campus upgrades. Marr erected a combination of sectional and

Summer/Fall 2013

systems scaffolding to provide access to the perimeter of the old building, then completely wrapped the staging to provide protection of the public and the workforce. Erection of the scaffolding was challenging due to unevenness of the grade around the building, but was accomplished with zero injuries, reflecting Marr’s commitment to jobsite safety. Complete removal of the structure is expected to take five months.

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