Construction Outlook March 2025 by Ucane

C. C. ConstruCtion, inC.

Years of Excellence 1954-2025

UCANE PrEsidENt

BriAN CooNEy

STOPPABLE ROAD BUILDERS

MARCH, 2025

OFFICERS

President BRIAN COONEY

C. C. Construction, Inc.

President Elect

CHRIS VALENTI

GVC Construction, Inc.

Treasurer

QUERINO PACELLA

RJV Construction Corp.

Secretary

LISA FRENCH KELLEY

W. L. French Excavating Corp. BOARD OF DIRECTORS

MARCELLA ALBANESE

Albanese Brothers, Inc.

CALVIN

GERRY

JULIA

D’Allessandro Corp.

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

MARCO GIOIOSO

P. Gioioso & Sons, Inc.

JUSTIN GOODHEART

J. F. White Contracting Co.

DAN HORGAN

R. H. White Const. Co., Inc.

MARK LANGEVIN Phoenix Communications, Inc.

WILLIAM LEONARD Aqua Line Utility, Inc.

KARIN MARSHALL Boston Concrete Corp.

MIKE McCARTHY

J. Derenzo Co.

RYAN McCOURT

McCourt Construction Company

JOHN McGRATH

Methuen Construction Co.

MICHELE NORTON

HUB International New England

ROBBIE OUR

Robert B. Our Co., Inc.

RICHARD PACELLA, JR.

R. M. Pacella, Inc.

MARK SZELA

Insituform Technologies LLC

JOSEPH NOLAN Executive Director

5 President’s Message:

UCANE is Growing Stronger Through the Consistent Support of Its Members

7 Legislative Update:

• Legislative Leaders Make Leadership and Committee Assignments

• UCANE Weighs in on Draft IUP List

• Advanced Clean Truck Rule Stalls Medium- and HeavyDuty Trucks Sales in Massachusetts

• News in Brief 21 UCANE Interview::

Representative Alice Peisch, 14th Norfolk

25 Legal Corner:

Differing Subsurface Conditions Under M.G.L. c. 30, § 39N

33 Under the Hard Hat:

A n Interview with UCANE Board Member Michele Norton, HUB International New England

41 Continuing our Culture of Safety: UCANE Partners with Atlas Training for OSHA Class 2 Asbestos Cement Pipe Worker Safety Course 45 UCANE Member Testimonials 46 UCANE’s February Dinner Meeting

UCANE Welcomes New Members

Perspective:

Anticipated Impact of Tariffs: What Contractors Need to Know About Rising Material Costs

Safety Corner:

Winds: The Concealed Danger of High Winds on Construction Sites

Spotlight on Cape Cod: Funds Sought for Next Phase of Chatham Sewer Project

Editors: Joseph F. Nolan & Anne Klayman, Associate Editor: Suzanne Hatch Magazine Designer/Associate Editor: Sherri Klayman,

CONGRATULATORY ADS Pages 78-126

UCANE sincerely thanks our members for their ongoing support of our Officers and Board Members.

UCANE I NtErv

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UCANE is Growing Stronger Through the Consistent Support of Its Members

As we begin to move from a bitterly cold winter into spring, I find myself already three months into my second term as UCANE President. After serving over a year in this role, I continue to be impressed by the strength of our membership and the unwavering support you show—not only for UCANE’s leadership but also for one another.

UCANE has always been a member-driven organization. Unlike many of our peer contractor associations, UCANE operates with a handson approach. Our Board of Directors meets regularly to discuss the operations and programs that drive our association forward. We are fortunate to have some of the best and brightest contractors and associates serving on our board this year—their construction knowledge and expertise inform sound policies and initiatives at both the state and federal levels.

As I look through the testimonials and advertisements in this commemorative edition, I am struck by the generational knowledge and camaraderie that define UCANE. This association is more than just a network; it is a family—one that has grown stronger with each passing year.

In my role as President, I also have the privilege of working closely with our Executive Director, Joe Nolan, and his dedicated team. Since joining UCANE a year and a half ago, Joe has undertaken a thoughtful review of our operations and is implementing strategic changes to better serve our members. In the coming months, you will see updated branding, enhanced member software, and the introduction of electronic payments and credit card transactions for greater convenience.

Beyond these service upgrades, we are excited to introduce new events such as Topgolf, Workforce Development Initiatives, Expanded Scholarship Programs, and potentially a Statehouse Day. Existing events will see fresh program enhancements to keep them engaging and relevant. Additionally, we plan to

expand our subcommittee meetings—both in person and remote—on key topics such as specifications, MBE/WBE participation, and NextGen initiatives, beginning this spring.

For 71 years, UCANE has been a leading voice on the issues that impact our industry. Our collective strength lies in our membership, the wealth of knowledge we share, and our commitment to advancing the industry as a whole. While we may not always agree on every issue, our shared goal remains the same: to make decisions that serve the greater good of the industry.

Looking ahead to 2025, we know challenges await. Our Board of Directors and Executive Director are already working to address significant regulatory changes, including new mandates on electric vehicles for mid- and heavy-duty trucks, as well as statewide side guard requirements for cyclist protection. Additionally, we are monitoring potential reductions in federal funding for water infrastructure projects. Navigating these challenges will require adaptability, advocacy, and unity.

The well wishes and support expressed in this commemorative issue are both humbling and deeply appreciated. They reflect the strong bonds that make UCANE special—much like the multi-generational companies many of us proudly lead. I am honored to serve as UCANE’s President and grateful for the steadfast support of our membership. Together, we will continue to achieve great things for our industry and one another. n

Legislative Leaders Make Leadership and Committee Assignments

During the last week of February, Speaker of the House Ron Mariano and Senate President Karen Spilka made their leadership and committee appointments for the 2025-2026 legislative session. On the Senate side, the top leadership will stay the same with Senator Cynthia Creem as Majority Leader; Senator Will Brownsberger as Senate President Pro Tempore; Senator Joan Lovely, Senator Sal DiDomenico and Senator Michael Barrett as Assistant Majority Leaders; and Senator Mike Rodrigues as Chair of the Senate Ways and Means Committee. The House side saw the need to replace senior leaders who retired or joined the Healey-Driscoll Administration. To that end, Representative Mike Moran returns as Majority Leader; Representative Kate Hogan as Speaker Pro Tempore; Representative Alice Peisch returns as Assistant Majority Leader with Representative Paul Donato and Representative Frank Moran as Second Assistant Majority Leaders. Representative Aaron Michlewitz returns as House Ways and Means Chair. With respective to subject matter committees, a number of changes also occurred throughout both House and Senate committee assignments. Of particular note to UCANE members, Representative Christine Barber will assume the responsibility of the House Chair for the Joint Committee on the Environment; she will be joined by Senator Becca Rausch. The Joint Committee on the Environment hears the variety of bills related to the funding of water infrastructure; this session the Committee will also hear the environmental bond bill, which will outline the state’s environmental capital plan. Representative Dan Cahill, formerly the House Environment Chair, will assume the mantle of the Joint Committee on Public Safety as former House Chair, Representative Carlos Gonzalez, moves up the ladder to the role of Division Chair. On the Senate side, Senator John Cronin moves over from the Joint Committee on Consumer Protection and Professional Licensure as Senate Chair to the Joint Committee on Public Safety, which often hears public safety measures related to con-

struction and motor vehicles.

The Joint Committee on Telecommunications, Utilities and Energy, which hears measures related to natural gas and other underground infrastructure measures, will be helmed by Representative Mark Cusack as Representative Jeff Roy also moves up the leadership ladder as a Division Chair. The Joint Committee on Transportation, which will tackle the funding of our transportation needs this session, will be chaired by Representative Adrian Madaro, replacing longtime House Chair Bill Straus, who retired at the end of last session. Senator Brendan Crighton will lead the panel from the Senate side as he did last session.

The Joint Committee on Labor and Workforce Development will see two new Chairs as Representative Paul McMurtry and Senator Jake Oliveira lead the committee focused on issues related to employment and wage issues. The Committee often hears the wage theft and offsite fabrication bills that would harm the construction industry. Speaking of the construction industry, the Joint Committee on State Administration will again be chaired by Representative Antonio Cabral and Senator Nick Collins. The Committee hears a wide variety of measures related to public procurement, construction related matters on state and municipal projects and an array of other topics.

With committee assignments and leadership positions now made, the respective House and Senate Clerks will start to distribute the slightly over 7,000 filed matters to the respective committees. Once bills are received by the committees, public hearings will begin starting in midMarch towards early April.

To review the assorted leadership appointments, please visit, https://malegislature.gov/Committees/Joint, for an subject matter committees. A listing of top leadership appointments in both the House and Senate, including minority party appointments, may be found at: https:// malegislature.gov/Legislators/Leadership.

continued on page 9

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UCANE Weighs in on Draft IUP List

The Massachusetts Department of Environmental Protection (MassDEP), Division of Municipal Services, has released the calendar year 2025 Draft Intended Use Plans (IUPs) for the Clean Water State Revolving Fund (CWSRF) and the Drinking Water State Revolving Fund (DWSRF). While the purpose of the CWSRF is to assist communities in implementing the requirements of the Federal and State Clean Water Act; the purpose of the DWSRF program is to assist Public Water Suppliers to implement the requirements of the Federal Safe Drinking Water Act.

As you may know, the Draft IUPs list projects by priority ranking that the MassDEP will recommend being financed through the Massachusetts Clean Water Trust (CWT) in calendar year 2025. The Draft IUPs list those projects determined to be the most significant in terms of public health and environmental protection. In anticipation of reduced federal funding, both the Clean Water and Drinking Water Draft 2025 Intended Use re -

flect a reduction in spending over the next year and, unfortunately, preparation for a federal Administration that does not prioritize federal funding for states. The proposed IUP lists put a cap of $50 million on project size while preventing carryover from one project to the next for the same awarding authority. In commenting on the Draft IUPs, UCANE wrote:

“At the outset, UCANE would like to acknowledge the hard work and dedication of the employees of the Massachusetts Department of Environmental Protection (MassDEP), the Clean Water Trust (CWT) and the Executive Office of Administration and Finance (ANF). Without the commitment of the individuals working at these entities, the Commonwealth, its municipalities, businesses and residents would not be able to recognize the full potential that the Clean Water State Revolving Fund (CWSRF) and the Drinking Water State

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Revolving Fund (DWSRF) present. The Commonwealth continues to have one of the Nation’s best programs for leveraging this federal funding into tangible results.

Unfortunately, the 2025 Draft IUPs for the CWSRF and DWSRF, with reduced funding opportunities for municipalities and regional water authorities, represents a clarion call for state and local action to provide greater funding for water infrastructure. Between the America’s Rescue Plan Act (ARPA) and the Bipartisan Infrastructure Law (BIL), we have experienced a funding surge that allowed the Commonwealth, as a whole, to truly begin tackling the ever-growing funding gap for replacing and maintaining our aging water infrastructure while addressing identified contaminants. From what we see and hear from our federal partners, however, it looks as though we cannot continue to expect this continued level of support in the short term.

With that in mind, UCANE urges the MassDEP, CWT and ANF to recognize that the 2025 Draft IUPs for the CWSRF and DWSRF programs

may have a chilling effect on our municipal and regional water authorities. Due to the reduced funding allocation overall, lack of the ability to carry over costs to subsequent related new projects or the project cap of $50 million, municipalities and regional water authorities may choose to defer needed water infrastructure improvement projects indefinitely. To counter the potential for municipalities and regional water authorities to defer needed work, there must be a concerted effort to find creative ways to finance future projects, reduce administrative burdens and raise non-federal funds. Without doing so, we risk losing the progress that the recent influx of federal funding under ARPA and BIL has made possible.”

The reduction in federal funding further highlights the need to strengthen other funding sources – whether from states, municipalities or the private sector – to provide funding for water infrastructure projects. The MassDEP, which held a virtual hearing on the Draft IUPs, will finalize the lists in the coming month or so. To review the IUP lists as they are configured today, please visit: https://www. mass.gov/state-revolving-fund-srf-loan-program.

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Advanced Clean Truck Rule Stalls Medium- and Heavy-Duty Trucks Sales in Massachusetts

Awide variety of media throughout the Commonwealth covered the fact that the Commonwealth’s adoption of the Advanced Clean Truck (ACT) rule has led to a complete stagnation of the medium- and heavy-duty (MHD) truck market in Massachusetts. As highlighted in the Boston Globe, “a showdown between state regulators and truck manufacturers has brought the market for new heavy vehicles in Massachusetts to a virtual standstill, challenging businesses from landscapers and long-haulers to the dealers who supply them.” The Boston Globe article, which cited the work of UCANE member, W. L. French Excavating Corp., noted that the cost of electric MHD trucks, the lack of infrastructure, and, in many cases, lack of a workable application make the purchase of electric MHD trucks unrealistic.

MassLive, which also reported on the lack of electric MHD truck sales, covered the issue from the perspec -

ed by MassLive, “a new state regulation meant to clean the air — and lower childhood asthma rates in pollution hotspots like Springfield — is making it harder for buyers to get heavy and medium duty diesel trucks.” The article then highlights many of the same issues identified by the Boston Globe – namely, no cleaner diesel trucks have been sold to replace aging, dirtier trucks as the ACT rule essentially strangles the MHD truck market.

As states that adopted the ACT rule weather its consequences, recent focus has also been directed towards potential federal action from the Trump Administration. Specifically, the federal effort to roll back the California emissions standards has begun. On February 14, Secretary of the United States Environmental Protection Agency (EPA) Lee Zeldin submitted a review of the ACT and Heavy-Duty Omnibus (HDO) rules to Congress under the Congressional Review Act (CRA). The CRA requires federal agencies to submit final rulemaking deci -

continued on page 15

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sions to Congress. If Congress agrees that the CRA was not followed; it can issue a joint resolution revoking an agency’s action. However, nothing is ever simple. While the CRA may not cover the decisions made by the EPA under the Clean Air Act, according to the United States General Accountable Office (GAO), any action to revoke the California waivers by Congress will likely generate issue movement.

For its part, UCANE has been continuing its activities with other members of the stakeholder group of end-users of MHD trucks. In addition to providing resources for member education and advocacy, UCANE has worked with other organizations to recuit additional cosponsors for legislation filed by Senator Mike Moore and Representative Angelo Puppolo to delay the ACT and HDO rules until July 1, 2027. To support this effort, please visit: https://mstr.app/006557c0-9051-4a9c8606-a3136db93989.

Finally, to read the Boston Globe’s coverage of this issue, please visit: https://www.bostonglobe. com/2025/02/19/business/trucks-diesel-electric-vehicles-massachusetts-regulations/. For the MassLive article, please visit: https://www.masslive.com/westernmass/2025/02/ev-rule-halts-mass-truck-sales-butgreen-groups-say-manufacturers-are-dragging-feet.html.

continued on page 17

News in Brief

• House and Senate Pass Transparency Rules

In an effort to address concerns raised by certain advocacy and media groups after last session’s later than anticipated schedule, the Massachusetts House of Representatives and Senate passed a series of rules governing the operations of their respective branches and those of the legislature’s joint committees. While the two branches must come to agreement on joint rules, notable proposals included, but were not limited to: legislation being acted on within sixty (60) days of a public hearing by the committee of first referral (House); requiring in-person attendance by legislators to vote on proposals before committee (House); the ability of each respective chair to “poll” matters originating from their branch (Senate) and requirements for the conclusion of the business by committees on timely filed matters. (House – March of the 2nd year / Senate – December of the 1st year). It is widely thought that the House and Senate will come to agreement on joint rules this session after failing to reach

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• # Mapoli Mourns Loss of Representative Doherty. State Representative Carol Doherty of Taunton died in mid-February after battling pancreatic cancer. She was 82 years old and was an educator and school committee member before being first elected to the House in 2020. Doherty was the daughter of immigrant families from the islands of Madeira and Cape Verde, and she lived in Taunton since 1965. She taught at Taunton's Bennett Elementary School and later worked as a guidance counselor. She was elected president of the Massachusetts Teachers Association and served in that position for two consecutive terms in the early 1980s, according to her legislative biography. She later worked for 18 years at Northeastern University, including as director of professional development in the school of education. Despite her relatively short tenure on Beacon Hill, she was liked and respected by members on both sides of the political aisle. continued on page 19

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• Change to Vocational Schools Admissions on the Way. The Healey-Driscoll Administration will be proposing regulatory changes to improve access to career technical education (CTE) programs across Massachusetts. According to a press release announcing the same, these changes will strengthen CTE recruitment efforts and require lottery admissions at all CTE schools and programs with a waitlist. The proposed regulations are part of the Administration’s larger efforts to “Reimagine High School” and promote programs that equip students with the skills they need to succeed in today’s job market through innovative, applied learning opportunities. Under the proposal, CTE programs may only use excessive unexcused absences and/ or certain disciplinary conduct as selective criteria for students to enter the lottery process. Further, middle schools located in sending districts would be required to maintain a districtwide policy on how students are made aware of and gain exposure to CTE in their district, regional, agricultural, and other public high schools. Together, it is thought these changes will enable more equitable CTE access for all students. For information about this initiative once the regulations are formally released, please visit: https://www.doe.mass.edu/bese/regs-comments/default.html. n

Excavator Beware Dig safely around natural gas lines

Whether you operate heavy equipment or use handheld tools, when you dig, you risk contacting natural gas pipelines. Use these tips to stay safe:

• Notify 811 well in advance of digging or moving earth in any way – even for small jobs

• Respect the locate marks and follow them when digging.

• Dig with care in the vicinity of underground natural gas pipelines.

• If you find an unmarked or mismarked line, stop digging and notify 811

• Report any suspicious activity near a natural gas pipeline marker.

• Don’t rely on your nose alone. Be alert for the many warning signs of a natural gas leak.

• Know what to do if your equipment contacts a natural gas pipeline.

To report a gas emergency, call 911 and National Grid immediately

Massachusetts 911 and 1-800-233-5325

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R epR esentative a lice p eisch (14th noRfolk)

Alice Peisch is the State Representative for the 14th Norfolk District, which currently includes the towns of Wellesley, Weston, and Precinct 2 of Lincoln. Her career began in municipal government, where she served on the town of Wellesley’s Advisory (Finance) Committee and School Committee and served as Town Clerk from 2000 to 2003.

She was elected to the House of Representatives in 2002 and currently serves as the House Assistant Majority Leader. From 2011 to 2023, she had the honor of serving as the House Chair of the Joint Committee on Education. During that time, she worked on a wide range of educationrelated issues, covering topics from birth through grade 12, including special education, charter schools, school discipline, education collaboratives, curriculum, school finance, and virtual schooling.

As costs continue to rise and federal aid decreases, please give us your thoughts on how the State will continue to support local aid to cities and towns to help support basic municipal services, specifically water, wastewater, and underground utility infrastructure.

As costs rise and federal aid decreases, it will be increasingly important for the State to continue supporting local aid for essential municipal services like water, wastewater, and underground utility infrastructure. These services are fundamental to public health, safety, and economic development.

I believe collaboration between local governments and regional partnerships will be a key strategy. Encouraging the sharing of infrastructure resources, like water systems or wastewater treatment plants, could also result in cost savings for smaller cities and towns. Municipalities should also begin developing more sustainable and innovative solutions to infrastructure challenges. Using technology to improve efficiency, reduce water loss, or manage wastewater more effectively through the adoption of modern, cost-effective technologies could help municipalities save money in the long term and ensure that services remain reliable.

Representing the 14th Norfolk District which is comprised of parts of the Town of Lincoln and the entire Towns of Weston and Wellesley, what

are the major challenges for your district and the accompanying region with regard to continued economic growth?

Representing the 14th Norfolk District there are several key challenges related to sustaining economic growth in the region. One of the greatest challenges is ensuring that our infrastructure, particularly transportation and water systems, keeps pace with the increasing demand. With a mix of residential, commercial, and educational institutions, maintaining a reliable and efficient infrastructure is critical to support growth.

Additionally, balancing development with the preservation of open space and environmental resources is always a concern. As the region attracts more businesses and residents, ensuring that our community character and natural resources are protected, while supporting economic growth, can be difficult.

Lastly, with educational institutions like those in Wellesley and Weston, workforce development and the integration of our schools with local industries is crucial. Ensuring that students are equipped with the skills required for the evolving economy is key to sustaining long-term growth in the region.

A: Q: Q: A:

The #InvestInWaterMA campaign, sponsored by UCANE, highlights the importance of wa ter infrastructure to a wide variety of

continued on page 23

indus tries. Will you please share a sampling of some of the specific industries in your district that benefit from our investments in water infrastructure?

Water infrastructure is essential for providing safe drinking water, preventing pollution, and fostering economic growth. In my districts, which are home to a variety of businesses and recreational activities, reliable water systems are crucial. Both Wellesley and Weston host college campuses that depend on a steady water supply for their students. Weston is also home to the Leo J. Martin State Park managed by the DCR, which supports seasonal activities, such as golf and skiing. Over the years, I’ve had numerous discussions about the water infrastructure necessary to operate this facility, particularly for snowmaking during the winter and maintaining the golf course.

Please share your thoughts on how the construction industry might be able to meet its growing workforce needs as older members of the industry retire?

As older members of the construction industry retire, it's crucial that we address the workforce gap to ensure the industry continues to thrive. One of the first steps is to actively recruit younger workers

by promoting the construction trade as a viable, rewarding career. Many people are unaware of the diverse opportunities available in construction. We need to change the perception that construction is only for those looking for physically demanding, short-term jobs, and instead highlight it as a long-term, stable career with pathways for advancement.

Expanding apprenticeship programs and partnerships with local vocational schools and community colleges can also play a significant role in training the next generation of workers. Moreover, we should encourage more women and underrepresented groups to enter the industry.

Will you please share some of your legislative or regulatory priorities for the 2025-2026 legislative session?

I expect the legislature will keep building on the progress we've made in areas like healthcare, gun safety, clean energy, and addressing the affordability crisis. My personal priorities will be shaped by the concerns and advocacy of my constituents. Right now, I’m hearing a lot of focus on environmental protections, energy policies, and legislation to support our most vulnerable residents. As we move through this legislative session, I anticipate our priorities will shift as we address the ongoing consequences of the actions taken by the Trump Administration. n

Construction & Public Contracts Group, Hinckley Allen, LLP

Differing Subsurface Conditions Under M.G.L. c. 30, § 39N

In Massachusetts, public building construction projects under M.G.L. c. 149, construction manager at risk construction projects under M.G.L. c. 149A, public works construction projects under M.G.L. c. 30, § 30M, and design-build public works projects under M.G.L. c. 149A are required to include a statutory provision relating to differing subsurface conditions. That statutory provision – set forth in M.G.L. c. 30, § 39N – provides as follows:

If, during the progress of the work, the contractor or the awarding authority discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the contract documents, either the contractor or the contracting authority may request an equitable adjustment in the contract price of the contract applying to work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from a contractor, or upon its own initiative, the contracting authority shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on the plans, or indicated in the contract documents, or from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the plans and contract documents, and are of such a nature as to cause an increase or decrease in the cost of performance of the work or a change in the construction methods required for the performance of the work which results in an increase or decrease in the cost of the work, the contracting authority shall

make an equitable adjustment in the contract price and the contract shall be modified in writing accordingly.

This provision is of particular importance to public works contractors, whose scope of work typically entails various forms of earth work, depending on the project. As better weather approaches, now is as good a time as any to review critical principles relating to this important statutory mechanism.

First, contractors should remember that Section 39N specifically enables awarding authorities to “adopt reasonable rules or regulations in conformity with [the statutorily-required] paragraph concerning the filing, investigation and settlement of such claims.” As a result, contractors should not simply assume that their rights and obligations pertaining to differing subsurface conditions begin and end with the statutory contract language pasted above. It is imperative to review your contract to determine if the awarding authority imposed any additional related requirements,

continued on page 27

Christopher Morog Partner

Robert T. Ferguson Partner

tions in their contracts.

including with respect to notice and submission of claims based on differing subsurface conditions. In this regard, the Massachusetts Department of Transportation (“MassDOT”) includes additional requirements in its Standard Specifications, including without limitation, requirements to notify the Engineer and describe in “full detail” the conditions encountered “promptly, and before such conditions are disturbed.” MassDOT’s Standard Specifications go on to state that a contractor’s differing subsurface conditions claim shall not be allowed if the contractor failed to provide the “detailed notice specified” or disturbed the conditions prior to the Engineer’s investigation. Many municipalities incorporate the requirements of the MassDOT Standard Specifica -

Second, Massachusetts courts have recognized that statutory rights prevail over conflicting contract provisions. As a result, while an awarding authority is free to impose “reasonable rules or regulations in conformity with [the statutorily-required] paragraph concerning the filing, investigation and settlement of such claims,” contractors should keep in mind that those rules or regulations should not reduce a contractor’s statutory rights under M.G.L. c. 30, § 39N. Contractors should take note of provisions that attempt to “whittle” away or otherwise reduce a contractor’s statutory rights. These can take many forms, including disclaimers regarding sub-surface information provided in the specifications, indications that estimated quantities are for “bid comparison purposes” only, and language to the effect that the contractor has familiarized itself with the project site. The Massachusetts Appeals Court has made clear that Section 39N is designed to protect both the awarding authority and the contractor by “remov[ing] unknown risks from competitive bidding and [] obtain[ing] favorable bid prices stripped of such risk factors.” This keeps costs down for the public while, at the same time, “assuring [contractors] that they can be compensated by formulae for overcoming subsurface conditions and for extra work not anticipated in their bid estimates.” As a result, contract provisions that conflict with the statute could operate to defeat the very purpose of the statute. This is typically a fact-intensive analysis.

Third, the Massachusetts Supreme Judicial Court has recognized that the statute covers both “Type I” and “Type II” differing conditions. “Type I” differing conditions refer to those conditions that “differ substantially or materially from those shown on the plans or indicated in the contract documents,” while “Type II” conditions are those that differ substantially or materially from those “ordinarily encountered and generally recognized as inherent in work of the character

continued on page 29

Legal Corner continued from page 27 provided for in the plans and contract documents.” Contractors should be mindful of both types when determining whether they have encountered conditions that fall within the scope of the statute. Even if the actual conditions do not differ substantially or materially from what was shown on the plans or indicated in the contract documents, a contractor may still have a valid differing conditions claim depending on the facts of a given scenario.

Fourth, contractors should understand that the statute explicitly contemplates an equitable adjustment to the contract – either upward or downward – when the differing conditions cause “an increase or decrease in the cost of performance of the work or a change in the construction methods required for the performance of the work which results in an increase or decrease in the cost of the work.” As a result, contractors should not assume that they will automatically see an increase to their contract sum simply because they have encountered differing conditions; in some circumstances, the costs of performance may actually decrease. It is also important for contractors to remember that, when it comes to determining the “cost of performance,” as-bid unit prices for specific items may not reflect the actual costs of performance associated with those items.

When encountering differing conditions that increase the cost of performance, contractors should be prepared to document and substantiate those cost increases as well as demonstrate why bid prices may not serve as an appropriate benchmark for c osts. Contractors should also anticipate that discussions of differing subsurface conditions claims also sometimes involve discussions of “Variations in Estimated Quantities” clauses in contracts. As many of you are aware, MassDOT’s Standard Specifications include a provision addressing negotiation of pay items in circumstances where “the actual quantity of a pay item varies by more than 25% above or below the estimated quantity stated in the Contract . . . .” The potential interplay between the statutory differing conditions clause and a variation in estimated quantities clause will typically depend on the facts and circumstances of a given situation.

Lastly, practically speaking, even if the contract does not include additional notice or claim submission requirements specific to differing conditions (like MassDOT’s Standard Specifications), contractors should nevertheless be prepared to notify the appropriate persons of the actual conditions encountered and the possibility of their impacts on the contract price and/or time. Contractors should also track their

continued on page 31

We are BORING

Legal Corner continued from page 29 costs and time impacts, reserve the right to recover those impacts, and keep the awarding authority updated. These measures can help the awarding authority investigate and monitor the situation, as well as to direct how the contractor should proceed. In this regard, contractors should be sure to obtain directives in writing by duly authorized or designated representatives before proceeding with work relating to differing conditions.

In sum, the differing subsurface conditions statute – M.G.L. c. 30, § 39N – is an important feature of public construction projects in Massachusetts. Contractors are well-advised to be fluent in the ins-and-outs of the statute and recognize the various issues that can arise when they encounter differing subsurface conditions. Failure to comply with applicable requirements can be costly, including for contractors who work in good faith to overcome actual conditions they did not anticipate or create in the first place. n

P.O. Box 913 • Falmouth, MA 02541

396 Gifford Street • Falmouth, MA 02540

PH 508-548-1800 • FX 508-457-1825

PH 508-693-0845 • FX 509-693-0312 Lawrence-Lynch Corp.

our website @ www.lawrencelynch.com White Bros. – Lynch Corp.

P.O. Box 155 • Oak Bluffs, MA 02557 20 Vineyard Ave. • Oak Bluffs, MA 02557

with UCANE’s Officers and Board Members

Will you please give us some information on your background and career and tell us how you arrived at HUB International New England?

I’ve been in the insurance business for over 30-years, primarily on the broker side but, I have also been an underwriter for a few global insurance carriers and I did a brief stint in national sales with a wholesale broker. The last 20+ years of my career I’ve focused almost exclusively and now exclusively on working in the construction space, with contractor clients. I work closely with my clients helping them to build efficient and accurate insurance programs, reviewing and negotiating contracts, risk management etc. I would call myself an insurance technician, a nerd when it comes to coverages and exposure analysis and understanding how to help my clients best protect their businesses. I’ve been with HUB for just more than six years and joined the Construction practice after working for a more regional broker for a short time, where I didn’t have the same opportunities to grow and make a positive impact on my clients.

How long have you been with HUB, and what is your current role in the company?

I joined HUB New England on January 2, 2019. I’m a Vice PresidentAccount Executive in the Construction practice. I have a team of people that work with and for me, with two Account Managers in my direct report. I’m part of the leadership team for the Construction practice, working with my colleagues to continuously grow and learn

UCANE Board Member

Michele Norton, AAI, CRIS Vice President-Account Executive

Construction

HUB International New England

and evolve the team. Our practice is Top 5 of recognized niches with HUB New England and across the HUB enterprise. I provide mentorship to new insurance professionals and thrive on developing potential.

HUB International, headquartered in Chicago, is a huge insurance brokerage firm offering a wide range of insurance products. They have offices across the country with thousands of employees. Can you explain the operations of HUB International New England and what sort of products and clients does the New England operation focuses on?

HUB International is a leading full-service global insurance broker and financial services firm, providing risk man-

continued on page 35

agement, insurance, employee benefits, bonding, retirement, and wealth management products and services. We have more than 19,000 employees in offices located throughout North America. HUB New England is consistently the largest insurance broker in Massachusetts and maintains offices and presence throughout all New England states. Our key industries are Real Estate, Healthcare, Transportation, Construction and Services.

We aim to engage clients with a one-stop approach, with professionals that focus and specialize in the business sectors our clients operate in. HUB assigns dedicated teams such that each client receives timely attention, thorough oversight and consulting, as well as access to all our products and services, and so that we can be an extension of their business and/or personal lives.

The Excavation and Heavy Construction Industry has always had it’s share of challenges and risks. Please tell us what the basic coverages that all public works contractors must have to protect themselves against these risks?

One of the things I enjoy most about working with contractors is that no client or project is the same as the next. Some coverages and risk transfer solutions are contract driven but, in terms of basic coverages, all public works contractors should have Commercial General Liability, Workers’ Compensation, Commercial Automobile, Commercial Umbrella and/or Excess Liability (with no less than $10M in limits). All contractors should have a Commercial Inland Marine policy, to include Contractor’s Equipment, Installation (or Builders Risk), Riggers’ Liability (as necessary), and Pollution Liability. Professional Liability coverage is a must if any design or engineering services are assigned to the contractor. Of course, Commercial Property coverage is a constant overhead cost needed to protect owned buildings and/ or business/personal property (contents).

With such a broad network of offices, Hub International has a wide view of data and claims that are being filed in the construction industry. What are the latest risks that HUB sees that contractors need to protect themselves against as we head into 2025?

continued on page 37

Privately held and family owned businesses often face unique issues and challenges. Hinckley Allen attorneys have been advising such businesses for decades and have accumulated deep expertise.

We understand that the issues faced by a privately held or family owned business often reverberate through the broader family dynamic, and that a clearly defined strategy for running and transitioning the business is essential for both corporate and familial harmony.

Our attorneys can assist with a variety of legal issues: including succession and tax planning issues, employment-related issues, retaining quality outside directors and advisors, and managing exit transactions.

Learn more about our offering at www.hinckleyallen.com

Jennifer V. Doran Chair, Privately Held & Family Owned Businesses

617-378-4128

jdoran@hinckleyallen.com

Under the Hard Hat continued from page 35

Prevalent risks in the construction industry today include labor shortages/ lack of skilled labor, cost overruns, high interest rates/economic downturn, and climate/environmental concerns. Since many of those risks may not be directly insurable, contractors need to analyze those potential risks, especially in long duration (multi-year) contracts, and bid accordingly.

A solid risk management program that incorporates insurance is just one means to protecting financial stability. In addition to the basic coverages outlined in the previous question, with the increased use of technology in construction, a robust Cyber Liability insurance policy and a Breach Response Plan is essential for all contractors. HUB and most/all Cyber insurance carriers have resources available to work with the Insured and their IT support, to identify vulnerabilities and provide regular monitoring.

If you’re a GC, one method for addressing any economic concerns you may have about your

subcontractors and one that allows greater control over prequalifying subs, is an alternative to surety known as Subcontractor Default Insurance (SDI), This protects general contractors if a subcontractor fails to meet the obligations of the contract. This insurance also allows for the GC to determine default rather than the surety, to move more swiftly to replace the sub and get the project on track, thereby mitigating potential costly delays.

Having employees leave mid-project is another challenge in the construction market. To retain good employees and attract new talent, contractors should regularly assess their benefit packages to make sure their offerings are at least in lockstep or better than their competitors. HUB provides a Workforce Persona Analysis that helps clients understand what their employees value the most in terms of benefits and how to best communicate those benefits to their workforce.

How long has HUB been a UCANE member, and why did you agree to serve on the UCANE Board of Directors?

continued on page 39

Under the Hard Hat continued from page 37

HUB has been an active and proud member of UCANE since 2007, with my colleague, Bill Labbe, even longer. I was nominated to serve on the UCANE Board by my/our client and fellow Board member, Lisa (French) Kelley. The opportunity to serve the Board and all UCANE members is an honor, both personally and professionally. The construction industry is ever-evolving just as the insurance industry is, which is probably what I enjoy most about what I do. It’s never the same for too long.

I envision being a resource to UCANE for identifying new exposures or coverages or risk transfer solutions and in keeping the Board and membership informed of emerging trends, changes and court decisions etc. that may impact their own insurance programs. I also see this appointment as an opportunity to learn more about the industry I serve and how I can better align what I do with the needs of the membership. n

Continuing our Culture of Safety: UCANE Partners with Atlas Training

for OSHA Class 2 Asbestos Cement Pipe Worker Safety Course

As part of our ongoing commitment to workforce safety and professional development, UCANE is once again partnering with Atlas Training to offer the OSHA Class 2 Asbestos Cement Pipe Worker Safety Guidance Course. This critical training, designed specifically for water and wastewater operators across the Commonwealth, ensures that our industry professionals have the knowledge and skills necessary to handle asbestos cement pipe removals safely and in compliance with regulatory requirements.

UCANE is among the few organizations authorized by MassDEP regulations and SRF-related statutes to provide this specialized training, reinforcing our leadership in contractor education and workforce safety. This year, we have already hosted full training sessions in Springfield MA, and Canton MA, with the latest class completed on Thursday, February 27. Due to strong demand, we have scheduled an additional session for March 18, 2025, in Canton.

Why This Training Matters

Asbestos cement pipes remain in service across New England, and their removal requires strict adherence to safety protocols to protect both workers and the surrounding communities. The OSHA Class 2 certification provides essential guidance on safe handling, cutting techniques, and regulatory compliance.

One of the highlights of the course is the handson

continued on page 43

pipe-cutting training, which never fails to be both engaging and informative. These sessions are often led by our trusted partners at ATS Equipment, Inc. who bring their expertise in specialized cutting tools to ensure that operators are trained in the safest and most efficient techniques. At our February 27th session, Chip McDonald from ATS joined us for a live demonstration, providing firsthand insight into the tools and methods that make this operation both safe and effective.

Join the Next Training Session

We extend our gratitude to all UCANE members who have participated in these training sessions, as well as to our partners at Atlas Training and ATS Equipment for their continued support in making this program a success.

For those who still need certification, there are a few remaining spots available for the upcoming Canton session on March 18. If demand continues, we will schedule additional sessions to accommodate more crews.

To register your team or inquire about future training opportunities, please contact Paula Galvin (PGalvin@ UCANE.com) at the UCANE office or reach out to Executive Director Joseph Nolan (JNolan@UCANE.com). Ensuring that our workforce is properly trained is not just a regulatory requirement—it’s a responsibility we all share in maintaining safety and professionalism in our industry. n

Your full-line Case dealership.

Sales. Rentals. Parts. Service.

“C.C. Construction, Inc. has been a member of UCANE for over 10 years now and we continue to see benefits each year. Whether it’s being introduced to new associate members, vendors, or subcontractors that can support our company goals, or keeping us deeply informed of legislative items that will affect our business operations. It’s a unique group of competitors who come together for the greater good of the Utility Industry and work together to make our industry thrive for generations to come. UCANE is an invaluable resource.”

~ BRIAN CooNeY, C. C. CoNStRUCtIoN, INC

“Like the generations before me, I take great pride in supporting this Association, which has tirelessly championed our industry. UCANE’s dedication helps ensure a strong, thriving sector that provides a stable livelihood for my family, my employees, and countless others.”

~ QUeRINo pACeLLA, RJV CoNStRUCtIoN CoRp.

“Building a strong network of trusted industry peers opens the door to fresh ideas, innovative solutions, and new perspectives. By exchanging insights and experiences, construction professionals can tackle challenges more effectively, stay ahead of industry trends, and drive success together.”

~ CHRIS VALeNtI, GVC CoNStRUCtIoN, INC.

“The information that UCANE provides to us about our industry is timely and invaluable. I find UCANE members to be committed and passionate about keeping the construction industry strong and well-respected, and our company is proud to be a part of that.”

~ LISA FReNCH KeLLeY, W. L. FReNCH exCAVAtING CoRp.

“As a longtime member from Western MA, I can say that UCANE does a tremendous job keeping all members informed and being a strong advocate for our industry throughout the state and region.”

~ JeRRY GAGLIARDUCCI, GAGLIARDUCCI CoNStRUCtIoN, INC.

“Staying on top of proposed laws and regulations that impact our company could be a full-time job. That’s why I value UCANE’s expertise in identifying what truly matters. Their advocacy team is one of the most respected and effective in the industry, ensuring our voices are heard and our interests protected.”

~ DAN HoRGAN, R. H. WHIte CoNSt. Co., INC

“Being part of a respected organization like UCANE creates valuable opportunities for networking, collaboration, and professional growth. It connects industry professionals, fosters strong partnerships, and helps drive success in the underground construction sector.”

~ KARIN MARSHALL, BoStoN CoNCRete CoRp.

C. n. Wood C ompany, I nC .

Massachusetts Lieutenant Governor Kim Driscoll Addresses Members and Guests at UCANE Dinner Meeting

On Wednesday, February 5, 2025 more than 175 members and guests gathered at the Sheraton Needham Hotel to witness the installation of UCANE’s 2025 Officers and Board of Directors, and to honor outgoing Board members.

Prior to the Dinner Meeting, the UCANE Board of Directors held a combined Board/Government Relations meeting in a private room in the hotel. In addition to discussing a host of new and ongoing industry concerns, the Board also voted into membership two new companies, Vortex Companies, represented by Isaiah Bean and Sophia Holmes, and Rutter Networking Technologies represented by Paul Danes and Jess Drugan. Each of them introduced themselves and received a warm welcome from our Board.

Every UCANE member has an open invitation to attend a Board meeting to listen to the industry issues that the Board is working on, or to bring a new issue in front of the Board. We encourage our members to reach out to Executive Director Joe Nolan if you are interested in attending a Board or Government Relations Committee meeting.

Following the business meeting, our officers and directors joined our dinner meeting attendees for a pre-dinner beverage and some relaxing conversation and camaraderie. Our hosts at the Sheraton Needham Hotel did not disappoint and our group was served a delicious meal by a professional and attentive staff.

UCANE Executive Director Joe Nolan took to the podium to begin the evening’s program and thanked everyone for attending and showing support for our incoming Board members and for our guest speaker. Also, in attendance were several executives from the MBTA, representatives from MassDOT, as well as Needham State Representative Josh Tarkey and State Senator Becca Rausch. Joe also recognized some new UCANE members attending including Angela Sanchez from Merge-Tek, and Jack Marzac

and Paul Jurritsma from Old Republic Surety Co. Joe then introduced our guest speaker, Massachusetts Lieutenant Governor Kim Driscoll. Joe expressed how honored our Association was to have her attend our meeting and address our group.

Lieutenant Governor Driscoll was sworn in alongside Governor Maura Healey on January 5, 2023 and the duo is the first all-woman Executive team to be elected to the State’s highest office. The Lt. Governor has had a long and successful career in public service in the Commonwealth. She first moved to the City of Salem to attend Salem State College where she earned her bachelor’s degree. She fell in love with Salem and got her first taste of public service during college as an intern at the Salem Planning Department. After securing her law degree at the Massachusetts School of Law, she worked in the private sector for several years but was attracted back to public service as the City of Beverly’s Community Development Director. This was followed by stints as the

continued on page 48

Guest Speaker

Lt. Governor Kim Driscoll

I nStallat

of UC ane’S 2025 off IC er S and board of dIreC tor S

UCANE Officers & Board members in attendance: (Top Row L-R): Gerry Carney, Jr., C. N. Wood Company, Inc.; Karin Marshall, Boston Concrete Corp.; Chris Valenti, GVC Construction, Inc.; Brian Cooney, C.C. Construction, Inc.; Mike McCarthy, J. Derenzo Co.; Querino Pacella, RJV Construction Corp.; Joe Nolan, UCANE Executive Director (Bottom Row L-R): Justin Goodheart, J. F. White Contracting Co.; Robbie Our, Robert B. Our Co., Inc.; Calvin Brandford, CHB Excavating; Julia D’Allessandro, D’Allessandro Corp.; Dan Horgan, R. H. White Const. Co., Inc.; Marcella Albanese, Albanese Brothers, Inc.; John McGrath, Methuen Construction Co.; Lisa French Kelley, W. L. French Excavating Corp.; Michele Norton, HUB International New England; and Mark Langevin, Phoenix Communications, Inc.

Board Members not in attendance: Jerry Gagliarducci, Gagliarducci Construction, Inc.; Marco Gioioso, P. Gioioso & Sons, Inc.; William Leonard, Aqua Line Utility, Inc.; Ryan McCourt, McCourt Construction Company; and Richard Pacella, Jr., R. M. Pacella, Inc.; and Mark Szela, Insituform Technologies LLC

City of Chelsea’s Chief Legal Counsel and Deputy City Manager. After serving on the Salem City Council, she ran for Mayor of Salem and was elected the city’s first woman mayor of her hometown in 2005. She was reelected by large margins in 2009, 2013, and 2017 before deciding in 2021 to run for state office.

As the Lieutenant Governor addressed the audience, it was immediately apparent that her municipal background made her very familiar with the condition of the underground infrastructure in Massachusetts, and who UCANE was and the work that our members do. She was quite knowledgeable about the various funding programs such as the SRF Loan Fund and the important role it serves in financing these much needed clean and drinking water projects. She spoke of the Governor’s push for more affordable housing throughout the Commonwealth, but she also knew the important connection between new housing development, a vibrant economy, and how neither can be obtained without first securing water and sewer availability.

Ms. Driscoll further connected with the audience and the construction industry by informing us that her husband was a proud bricklayer by trade. The Lieutenant Governor thanked us for inviting her to speak and extended her appreciation to UCANE and our members for the great work they do in constructing projects that improve the lives of Massachusetts residents, protect our rivers, lakes, and shorelines, and that keep our drinking water safe and flowing. She encouraged UCANE to continue to advocate on Beacon Hill in an effort to secure additional funding for these important environmental projects.

The highlight of the evening was of course the installation of UCANE’s Officers and Directors who would lead UCANE in 2025 – our 71st year. Each Board member was applauded as Joe Nolan called their name and they walked to the stage. Joe administered the Oath of Office to the four officers and the Board members who were in attendance. Joe

the outgoing Board Members for their dedicated service– Mike Ottaviano (Jolin Paving & Excavating Inc.), Dave Hamilton (E.J. Prescott, Inc.), Joe Gioioso (P. Gioioso & Sons, Inc.), Mike Biszko (Biszko Contracting Corp.), Christopher Clark (World Insurance Associates, LLC), and Chip McDonald (ATS Equipment, Inc.).

After being sworn in to his second year as UCANE President, Brian Cooney (C.C. Construction, Inc.) thanked the outgoing board members for supporting him over the past year, and congratulated the new members for stepping up to serve on the 2025 Board. Brian pointed out a number of UCANE’s successes over the past year, and thanked everyone for attending to support the new Board. He encouraged our members to continue supporting the industry that provides for all our families, and to remain involved and consider joining one of our committees. He assured members that becoming a Board or committee member would be a rewarding experience.

Brian expressed his gratitude to the UCANE membership for putting their trust in him again to lead UCANE, and stated that he would work to keep continued on page 00

thanked

UCANE’s stellar reputation as the premier clean and drinking water advocacy in Massachusetts. With reduced public spending being a prominent theme in Washington lately, Brian told the audience that UCANE’s ultimate goal in 2025 is to ramp up our “collective industry voice and advocacy” in order that local, state, and Federal officials understand that we must ensure Clean and Safe Drinking Water and a healthy environment for the public by increasing, not decreasing, funding. Brian closed his remarks by reminding his fellow contractors to always give our associate members an opportunity to bid on providing goods and services, and he also challenged his Board and the audience to bring in one new UCANE member in 2025.

Joe Nolan closed the meeting by thanking everyone for attending tonight and he reminded all that UCANE’s popular “Forecast Dinner Meeting” is scheduled for Tuesday, March 25 at the Sheraton Four Points Hotel in Norwood, MA. Top officials from MassDEP, MWRA, and Boston Water & Sewer Commission will be unveiling

their capital programs and schedules for 2025. UCANE will also be having our 14th annual Trade Show event from 4:30 p.m. to 6:30 p.m. prior to our Forecast Meeting. Our Trade Show is open to members who advertise in Construction Outlook magazine for six months or more, with a half page 4-color ad or larger, and is our way of thanking them for their support and generosity throughout the year. n

Interra Innovation, Inc.

P.O. Box 6036

Chelsea, MA 02150

Rep: Patrick Hayes

Tel: (617) 830-6611

Email: phayes@interra-innovation.com

Website: www.interra-innovation.com

Associate

MCE Dirtworks Inc.

15 Denwich Road

Harwich, MA 02645

Rep: Michael C. Escher

Tel: (508) 240-5541

Fax: (508) 240-5527

Email: mike@dirtworkscapecod.com

Website: www.dirtworkscapecod.com Contractor

Read Custom Soils

158 Tihonet Road

Wareham, MA 02571

Rep: Chris Ierardi/Kim Houdlette

Tel: (800) 924-5335

Email: cierardi@admakepeace.com khoudlette@admakepeace.com

Website: www.readcustomsoils.com

Associate

Rutter Networking Technologies

10 High Street

Andover, MA 01801

Rep: Steve Brown

Tel: (978) 960-9219

Email: jstock@rutter-net.com

Website: www.rutter-net.com

Associate

Asphalt Plant: 508-732-9140

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EEOC Acting Chair Vows to Protect American Workers from Anti-American Bias

EEOC Acting Chair Vows to

Protect American Workers from

Anti-American Bias

WASHINGTON – 2-19-25, U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas announced “The EEOC is putting employers and other covered entities on notice: if you are part of the pipeline contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers, you must stop. The law applies to you, and you are not above the law. The EEOC is here to protect all workers from unlawful national origin discrimination, including American workers.”

Rigorously enforcing existing—but sometimes under-enforced—labor and employment laws is one key to shifting the economic incentives of businesses and workers. The EEOC will help deter illegal migration and reduce the abuse of legal immigration programs by increasing enforcement of employment antidiscrimination laws against employers that illegally prefer non-American workers, as well as against staffing agencies and other agents that unlawfully comply with client companies’ illegal preferences against American workers.

As previously announced, one of Lucas’s priorities for compliance, investigations, and litigation is protecting American workers from anti-American national origin discrimination.

“ Unlawful bias against American workers, in violation of Title VII, is a large-scale problem in multiple industries nationwide,” Lucas said. “Many employers have policies and practices preferring illegal aliens, migrant workers, and visa holders or other legal immigrants over American workers—in direct violation of federal employment law prohibiting national origin discrimination. Cracking down on this type of unlawful discrimination will shift employer incentives, decreasing demand for illegal alien workers and decreasing abuse of the United States’ legal immigration system.”

Congress tasked the EEOC with enforcing federal employment antidiscrimination laws, like Title VII’s prohibition of national origin discrimination, which the agency does by investigating and, in some cases, suing private employers for Title VII violations. Additionally, the EEOC works collaboratively with other federal agencies such as the Department of Justice, the Department of Homeland Security, and the Department of Labor on labor and employment issues that overlap with immigration-related law enforcement.

The EEOC has a track record of investigating and prosecuting unlawful discrimination against American workers, but according to Lucas, “Given the scale and scope of this unlawful discrimination, there is

prohibition of national origin discrimination, which the agency does by investigating and, in some cases, suing private employers for Title VII violations. Additionally, the EEOC works collaboratively with other federal agencies such as the Department of Justice, the Department of Homeland Security, and the Department of Labor on labor and employment issues that overlap with immigration-related law enforcement.

room for enhanced investigation and enforcement by the EEOC and in collaboration with other federal agencies.”

Under Acting Chair Lucas, the EEOC is committed to ensuring employers and workers better understand the even-handed protections provided to all workers by Title VII’s prohibition against national origin discrimination. Although Title VII’s national origin nondiscrimination requirement generally means that employers cannot prefer American workers, it equally means that employers cannot prefer nonAmerican workers and disfavor Americans.

“To help educate the public and deter unlawful conduct, it is important for the EEOC to cut to the chase when describing a frequent type of discrimination against which we repeatedly have taken enforcement action,” Lucas said. “For example, the agency frequently has recovered multi-million-dollar monetary awards for large multi-racial classes of black, white, and Asian workers in national origin discrimination cases. The common, but often unspoken, characteristic that tied these victims together? All were American workers.”

Employers have many excuses for why they may prefer non-American workers, but none of these are legally permissible reasons to violate Title VII:

• lower cost labor (whether due to payment under the table to illegal aliens, or exploiting rules around certain visa-holder wage requirements, etc.);

• a workforce that is perceived as more easily exploited, in terms of the group’s lack of knowledge, access, or use of wage and hour protections, antidiscrimination protections, and other legal protections;

• customer or client preference;

• biased perceptions that foreign workers are more productive or have a better work ethic than American workers.

“The law is clear: the prohibition on national origin discrimination applies to any national origin group, including discrimination against American workers in favor of foreign workers,” said Lucas. “The EEOC is going to rigorously enforce the law to protect American workers from national origin discrimination.”

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

Christopher Clark World Insurance Associates, Inc.

The Anticipated Impact of Tariffs: What Contractors Need to Know About Rising Material Costs

President Donald Trump’s recent announcement of new tariffs on steel and aluminum is sending ripples through the construction industry. Effective March 12, the tariffs will reinstate the 2018 Section 232 duties while expanding their scope, imposing a 25% tariff on steel and a 10% tariff on aluminum imports.

These new tariffs could have serious implications for material procurement, project timelines, and financial planning. How can you prepare for these changes? By understanding the potential impacts and implementing strategies to mitigate risks, your business can adapt and thrive in this changing marketplace.

What Do the New Tariffs Mean for Material Costs?

Steel and aluminum are the backbone of utility infrastructure, used in everything from water pipelines to electrical systems. With the new tariffs poised to inflate costs, contractors must prepare for significant budgetary pressures.

Steel: Steel is critical for structural supports, bridges, and sewer pipes—materials that are common in utility projects. The announced 25% tariff will increase the price of imported steel, building on already elevated costs due to global supply chain issues. For example, the cost of a 20-foot section of steel piping might rise from $1,000 to $1,250 after March 12. This price hike could translate into millions of dollars in additional costs for large infrastructure projects.

Aluminum: Aluminum, indispensable for electrical wiring, siding, and mechanical systems, will

face a 10% price hike under these new tariffs. Domestic suppliers may not be able to fill the gap, and rising demand could push prices even higher, tightening already constrained budgets.

Beyond Costs: The Ripple Effect on Timelines and Budgets

When material prices rise, the consequences extend far beyond a simple increase to your bottom line. These tariffs have the potential to disrupt entire projects.

• Budgetary Overruns: Tariff-related cost increases may require renegotiating project budgets, forcing contractors into tough discussions

continued on page 59

COMPONENT

with clients. These increases could lead to postponed approvals or funding delays on publicly funded projects.

• Procurement Delays: The search for alternative suppliers—whether domestic or international— adds time to procurement schedules. If steel or aluminum is unavailable when needed, project workflows may grind to a halt.

• Escalating Labor Costs: Extended project timelines often mean crews stay on-site longer, increasing payroll and equipment rental expenses. For long-term utility infrastructure projects, delays can escalate these costs significantly.

The Insurance and Liability Risks

The financial and operational impacts of rising costs also bring about increased risks—ones that need to be proactively managed.

• Builders’ Risk Insurance: The increasing cost of materials must be reflected in your insurance policies. For example, a builders’ risk policy covering $500,000 in material replacements for a project under 2022 pricing may leave you significantly underinsured once steel and aluminum prices rise.

• Supply Chain Delays: Procurement obstacles tied to tariffs may lead to breaches of contract or missed deadlines, exposing contractors to penalty fees. Incorporating contingency clauses into agreements can protect you from financial repercussions.

• Quality Concerns and Liability Exposure: Strapped budgets may tempt contractors to substitute lower-quality materials, but this could expose your business to safety risks and legal claims. Maintaining transparency with clients and upholding strict material standards is critical for protecting both reputation and liability.

Six Practical Solutions for a Tariff-Driven Market

To stay competitive and protect your projects, you need proactive strategies tailored to the challenges posed by tariffs. Here are key approaches to minimize financial strain and maintain profitability:

1. Adjust Insurance Policies: Update insurance coverage, including builders’ risk and liability policies, to reflect the rising materials costs. Collaborate with your insurance advisor to assess your exposure and ensure replacement costs align with current market values.

continued on page 61

IS YOUR INSURANCE PROGRAM KEEPING PACE IN TODAY’S MARKET?

Let us review your programs and recommend improvements to ensure you are fully protected should the unexpected happen.

2. Diversify Suppliers: Explore sourcing materials locally or from non-tariffed regions. For example, Canadian alternatives for aluminum or partnerships with smaller domestic mills may stabilize costs and keep procurement on track.

3. Lock in Costs Early: Work with suppliers to secure pricing before the tariffs take effect. For instance, bulk-buying steel piping could save your company thousands as the new duties drive up prices.

4. Implement Cost Escalation Clauses: Include provisions in contracts that adjust pricing for unexpected increases in material costs. This protects contractors from bearing the entire burden of tariffdriven price spikes.

5. Leverage Prefabrication and Modular Construction: Prefabricated components, such as modular pipeline sections, can reduce material waste and improve project efficiency. For example, assembling modular sub-surface utility designs off-site can result in faster installations on-site, decreasing overall costs.

6. Communicate with Clients and Teams: Proactive, transparent communication about the potential effects of tariffs will help you manage expectations.

To avoid disputes, share updated budgets, timelines, and revised supplier agreements with clients.

Looking Ahead

The return of Section 232 tariffs removes any doubt—the construction industry must prepare to weather increased material costs and project risks. Proactive measures will be pivotal for utility contractors. Implementing these strategies is not just about adapting to tariffs; it’s about securing the long-term resilience of your business. n

Hazardous Winds: The Concealed Danger of High Winds on Construction Sites

In construction, wind poses more than just a nuisance— it’s a deadly force that can transform tools and materials into projectiles, collapse scaffolding, and lead to life-threatening incidents. Employees working at height are especially at risk, as winds can disrupt their balance and destabilize working surfaces. New England experiences severe wind events throughout the year, including tornadoes, micro bursts, and high winds. These events significantly impact various sectors, and most notably construction.

On January 28, 2025, a four story scaffolding collapse occurred at a construction site in Quincy, Massachusetts, at the intersection of Washington and Edison Streets. The incident, attributed to strong wind gusts, resulted in a substantial emergency response but, fortunately, no reported significant injuries. Witnesses reported that two workers were on the third floor of the scaffolding when they felt it begin to give way beneath them. They managed to jump onto a balcony and safely evacuate without injury.

That same day, a two story house under construction collapsed on Vine Street in the neighboring town of Weymouth. The accident claimed the life of 29-year-old Fall River resident Mario Diaz Obando and injured four other workers. High winds likely had a role in the collapse, since witnesses noticed a sudden, forceful blast of wind before it happened.

These incidents serve as a sobering reminder of the dangers posed by unpredictable weather and underscore the critical importance of adhering to safety protocols during adverse weather conditions. In this context, readiness and attentiveness are not just recommendations but essential safeguards.

Wind, in contrast to other weather-related hazards, is especially hazardous because of its unpredictability. Construction sites are particularly vulner-

able to high winds. A site may appear serene one minute, and then strong gusts can impact equipment, materials, and human stability seemingly without warning. Furthermore wind can vary by elevation. The wind speed and strength of gusts happening at the street level versus the roof can be very different. Wind can be dangerous in different ways:

1. Flying debris and falling objects: Strong winds can turn unsecured materials into lethal projectiles. Sheet materials like plywood, sheathing, and drywall can catch the wind and fly like a lethal frisbee. Boxed or rolled materials like pipe and wall insulation can be blown over or pushed around and fall on to workers. Granular materials like concrete

continued on page 65

and sand can become airborne and injure eyes and respiratory systems. Even tools when working at height, run the risk of being thrown into the air, putting employees and bystanders in danger.

2. Instability in Structure: Particularly at risk are scaffolding, cranes, and partially built structures. Catastrophic failures may result from strong winds compromising these elements' structural integrity.

3. Powerlines: High winds can cause power lines to sway, break, or collapse, increasing the risk of electrocution for workers nearby. Downed or damaged lines may energize surrounding structures, scaffolding, or equipment, creating hidden electrical hazards. Strong gusts can also carry conductive

materials, such as metal rods or scaffolding, into live power lines, leading to dangerous arc flashes or fires.

4. Falls and Loss of Balance: It can be difficult for workers on ladders, scaffolds, or aerial platforms to stay balanced in strong gusts. A deadly fall can occur from even a slight change in wind speed.

5. Equipment Failures: Wind can interfere with heavy machinery's ability to operate, hindering precise operations and posing risks. For example, cranes have tight working limitations to prevent mishaps and are extremely vulnerable to wind.

Relevant Standards

OSHA 1926.968 (Definitions) restricts working in ‘high winds’ (winds exceeding 40mph or 30mph if the work involves materials handling) and requires a risk evaluation by a qualified person.

ANSI A92.22 (MEWP) prohibits use of mobile elevating work platforms when winds exceed 28 mph unless the equipment is specifically rated for higher speeds.

ASME B30.5 (Cranes) often uses 20-30 mph as a threshold for stopping operations.

ANSI A10.8 (Scaffolding Safety Standard) states that scaffold work should typically be suspended when wind speeds exceed 25 mph, unless a competent person deems it safe.

For employees exposed to height-related hazards, OSHA 1926 Subpart M (Fall Protection Standards) requires Employers to provide fall protection, especially in conditions where wind increases the risk of falls from heights. employers must put in place extra safeguards like wind speed monitoring and early warning systems because strong winds can reduce the effectiveness of these systems.

Solutions: Building a Safer Future

To mitigate these risks, the following strategies should be used.

1. Play “What If”: Site Supervisors need to analyze their site looking at materials and equipment with a “what if” mindset to understand what could happen if

Corner continued from page 63 continued on page 67

• Pre-mark the location of intended excavation using white stakes, paint or flags.

• In MA, ME, NH, RI and VT, notify Dig Safe® at least 72 hours in advance, not including weekends and holidays.

• Notify non-member facility owners.

• Maintain the marks placed by underground facility owners.

• Use caution and dig by hand when working within 18” of a marked facility.

• If a line is damaged, do not backfill. Notify the affected utility company immediately if the facility, its protective coating, or a tracer wire is damaged.

• Call 911 in the event of a gas leak, or if a damaged facility poses a risk to public safety.

• Know your state’s excavation requirements.

• Go to digsafe.com for educational material and current laws.

Safety Corner continued from page 65

an extreme wind event hit the site.

2. Training: Employees should receive training on how to identify wind threats and react accordingly. The value of being vigilant can be emphasized through safety exercises and ongoing education.

3. Securing Materials and Equipment: On a building site, everything that is loose poses a risk. The risk of flying debris can be reduced by routine inspections and securing procedures.

4. Keeping a Safe Distance: from power lines, conduct regular inspections, and have emergency protocols in place for severe weather conditions.

We can't control the wind, but we can control how we react to it. By putting proactive safety measures in place, knowing and observing equipment manufacturers limits, using preventative measures like material tie downs and tool tethers, and encouraging a culture of awareness, we can save lives and create a future in which construction workers aren’t vulnerable to the unpredictability of wind. n

Cerbo

The Biggest, Baddest Ditch Witch

Hydrovac to ever hit the wild ...

Introducing the most powerful Ditch Witch truck vac to ever hit the open road — the Warlock Series W12. With a 2,800 PSI water system, 12 cubic yard debris tank capacity, and a 5,000 CFM, 27″ Hg vac system, this beast-of-a-machine easily devours jobs of all shapes and sizes.

Funds sought For next Phase

oF C hatham sewer ProjeCt

CHATHAM – Funding for the next phase in the town’s comprehensive sewer expansion project will go before voters at the May 10 annual town meeting.

The $32 million will extend sewers to more than 300 parcels on Cedar Street, the Barn Hill/Oyster River area, Katie Ford Road, and side streets off Route 28 in West and South Chatham.

Sewering those areas continues the comprehensive wastewater management plan’s long-term goal of reducing nitrogen levels in coastal embayments, specifically Oyster Pond and Stage Harbor.

Borrowing the $32 million will require a twothirds vote at town meeting and approval at the May 15 annual town election. The project is likely to receive low- to no-interest loans from the State Revolving Fund (SRF), significantly reducing the town’s borrowing costs. Public Works Director Rob Faley said Chatham was ranked third on the state’s intended use plan, which determines eligibility for SRF funds among Massachusetts communities.

“It’s almost guaranteed we’ll have the funding,” he told the select board on February 18.

Included in the request is $2 million to cover the cost of 1,200 grinder pumps, which the town will provide to properties that require a boost to get sewage from a home to the sewer main at the street. Also included is a $2,000 per household stipend to help cover the cost of grinder pump installation. Last Tuesday, the select board approved a grinder pump policy that includes those provisions.

The money will cover design, bidding and construction for sewer phase 1F-1 and 2. Included in those areas are 69 parcels and a pump station along Cedar Street; 138 parcels in neighborhoods off Route 28 in West and South Chatham; 87 parcels and a pump station in the Barn Hill/Oyster

River area; and 20 parcels and a small pump station on Katie Ford Road. Design and planning for future pump stations in critical areas, especially the Pleasant Bay watershed, is also included in the funding, Faley said.

Since 2010, the town has spent $118 million on the sewer project, which includes $39 million for the wastewater treatment plant, according to Faley. Four projects are currently active, including pump station construction. The wastewater plan calls for 4,500 parcels to be sewered in the first phase — which chiefly addresses nitrogen loading issues in the town’s embayments — with 2,300 parcels in the second phase.

To date, 667 of the 957 property owners who have received orders to connect to the sewer from the board of health have done so, according to Faley. Another 154 have applied to connect. Those figures may be higher, he added, because his department is shortcontinued on page 70

Cape Cod continued from page 69

staffed and may not have logged properties that have connected recently. Owners have two years to connect after receiving an order to do so; some have longer because the select board extended the time frame while the grinder pump issue was being resolved.

The select board voted to support the town meeting article and ballot question. The board also endorsed a separate article that will seek $1,070,000 from the Wastewater Capital Stabilization Fund which will include $700,000 for a third pump at the Stage Harbor pumping station; $200,000 for replacement of the denitrification filter air system at the sewer treatment plant; and $170,000 for repairs to the original sewer collection system.

2025 Scholarship Applications Available

UCANE to Award Twelve $3000 Scholarships

WHO IS ELIGIBLE TO APPLY?

• Any child or grandchild of a UCANE member OR an employee of a member in good standing.

• The applicant should be a high school senior who will be enrolling full time in an accredited two- or four-year academic institution for the year beginning in September 2025 OR a current full-time college student who has not previously received a UCANE scholarship.

HOW WILL THE APPLICATION BE JUDGED?

Twelve scholarships will be awarded. Two of the 12 scholarships will be awarded to applicants pursuing a construction related degree. There will be a question on the application to indicate if you believe you are eligible for these scholarships. The other 10 scholarships are open to all other courses of study.

Applications are judged and winners are selected by independent outside educators. Selection will be based on the overall worthiness of the applicant by considering:

1. Scholastic achievement;

2. Interest and effort in preparing for your vocation;

3. Extra-curricular activities at and away from school, including community and religious service;

4. Difficulty of course curriculum and career objectives;

5. Personal recommendations;

6. Thoroughness of the completed application, particularly the essay

HOW WILL THE CONFIDENTIALITY OF THE APPLICATION BE PROTECTED?

Each application is assigned a number. When completed, page 1 of the application, with the name of the applicant, must be detached and sealed in the accompanying envelope. Please be certain to indicate the UCANE firm where you, your parent, or grandparent is employed when applying. The applicant’s name must not appear on any part of the application or attached transcripts and recommendations. After the winning applications have been selected, the envelopes with those corresponding numbers will be opened to identify the award recipients.

WHAT MUST ACCOMPANY THE APPLICATION?

1. A transcript of high school or college grades through the latest period prior to April 30, 2025.

2. A letter of recommendation from the principal or faculty advisor/academic advisor.

3. Additional recommendations from people familiar with the applicant’s ability and character, and from responsible members of the community (optional but recommended).

IMPORTANT - PLEASE NOTE:

In the event the applicant receives a full scholarship from the college of his/her choice, or from any organization, civic group, etc., the UCANE Scholarship will be awarded to another applicant. Applicant’s parent/grandparent must work for a company in the New England Region.

To request an application, please email Paula Galvin at pgalvin@ucane.com. Applications must be received in the UCANE office no later than April 30, 2025. If you have any questions concerning the completion of this applicat ion please contact:

Utility Contractors’ Association of New England, Inc.

300 Congress Street • Suite 101 • Quincy, MA 02169 Tel: 617.471.9955 • Email: pgalvin@ucane.com

Your Company Must Have A Comprehensive Safety Program!

This year’s Safety Manual includes information on:

• Updated DOL Drug Testing information and Updated CDL information

• Massachusetts Safety Standards - COVID-19

• OSHA’s Final Rule on Silica Exposure Limits

• OSHA’s Final Rule on Improved Tracking of Workplace Injuries and Illnesses

• OSHA’s Final Rule on Confined Space in Construction

• OSHA’s New Requirements for Reporting Severe Injuries

Promote A Safe Working Environment

It should be your company’s policy to provide a safe place to work, with the prevention of accidents being your ultimate goal.

Your Insurance/Bonding carrier requires a Safety Program. State and Federal Agencies require a Safety Program.

OSHA

Inspectors Will Be Enforcing:

• Overall Construction Safety (29 CFR 1926)

• Excavating Standards

• Written Safety and Health Plans

• Hazard Communications Programs

• Drug Free Workplace

• OSHA 10-Hour Training Requirements

Examine The UCANE Pocket Directory

When ordering Company Safety Manuals, the Safety Manual section only, in the back of UCANE’s Pocket Directory, will be made up into an individual Employee Pocket Safety Manual with Your Company Name & Logo printed on the cover. Employee signature cards verifying compliance with safety manual procedures are included. When signed, these cards should be placed in each employee’s file.

Employee Pocket Safety Manual Order Form

Company Name:_________________________________ Authorized By:______________________

Pocket Manuals w/ Signature Cards: Qty.__________________ x $4.75 Ea. = $________________

Printing and Set Up Charge for Personalized Covers: $________________ Postage and Handling: $________________ Date:____________ Total: $________________ ❏ Company Logo Enclosed ❏ Company Logo to be mailed ❏ My check is enclosed 65.00 TBD

with dEdication and commitmEnt

Brian is the second generation Vice President and Project Manager of C. C. Construction, Inc., Plymouth, MA. His father, Christopher Cooney and mother Dyanne Cooney founded the company in 1983. Starting literally in the trenches, Brian worked during high school and college summers learning what hard work was all about.

After his graduation from Northeastern University in 2009, Brian started full-time with the company. He continued getting field experience, including proficient skills operating heavy equipment before transitioning to Project Manager in 2012.

In 2017, Brian was elevated to Vice President, and he now manages the company’s team of estimators and project managers, and works alongside his father Chris and his mother Dyanne in the dayto-day operations of the business.

Brian’s full-time role with the company in 2009 also marked C. C. Construction’s first year as a member of UCANE. It didn’t take long for Brian to get involved with Association business. He began by attending Government Relations Committee meetings, and in 2014 he was elected to the Board of Directors.

After serving on our Board, Brian then rose through the ranks, and is serving as UCANE President for his second year. His contribution to our industry has had the same positive impact as he has had at C. C. Construction.

Brian is committed to increasing UCANE membership during his tenure, and has once again issued a challenge to his fellow Officers and Board members to recruit at least one of their vendors or subcontractors to join UCANE in 2025. He understands how important our Associate members are to UCANE’s success, and reminds contractor members to extend bidding opportunities to our Associates whenever possible.

Brian is honored to be serving as UCANE President in 2025. He is committed to keeping UCANE one of the most professional construction associations in Massachusetts, and his enthusiasm for 2025 is contagious.

Chris is Vice President of GVC Construction, Inc. of Lunenburg, MA where he works with his wife Geselle who is President of the company. His brother Michael Valenti, Jr. is also a Vice President of the company, and works side by side with Chris and Geselle.

GVC was founded by Geselle and Chris in March of 2000, and along with Mike they perform utility and heavy civil construction projects in Massachusetts, Southern New Hampshire, and Southern Maine. Chris studied Construction Management at Wentworth Institute of Technology, and the company is now SDO Certified, MBE/WBE/DBE and SBA Certified EDWOSB.

GVC became UCANE members in 2004, and throughout the years Chris has been an active member, having served on many of our committees. He previously served as Secretary for two years, and two years as UCANE Treasurer, and he is now serving his second year as UCANE President Elect.

Chris has earned the respect and admiration of his peers within the utility construction industry, and his ongoing commitment to UCANE is evident by his efforts in effectively communicating the issues of vital importance to our industry.

QUeRino pacella - rJv construction corp.

Querino is President of RJV Construction Corp. of Canton MA. The Pacella name in the Massachusetts utility construction industry goes back more than 75 years. Querino’s grandfather, Ron Pacella, was one of the founding members of UCANE in 1954. The Pacella family has been active members of UCANE ever since, and Querino follows a long line of his relatives who have taken leadership roles in our Association.

He grew up in the family construction business before attending Worcester PolyTechnic Institute where he graduated with a degree in Civil Engineering in 1999. After two years working at a Boston engineering firm and earning his Professional Engineers License, Querino returned to the family business where he worked his way up over the past 20 years. In 2019, Querino and his two brothers Chris and Ron III, and two cousins David and Victor, took over ownership of the 4th generation business.

Querino has been active on several committees and served on the Board of Directors for four years before becoming UCANE Secretary in 2022. He is currently serving his second year as UCANE Treasurer. Querino is an effective communicator and a staunch supporter of clean water programs, as well as open and fair competition in the underground construction industry.

Lisa French Kelley is a Principal at W. L. French Excavating Corp. of North Billerica, MA. She is responsible for visiting jobsites and staying on top of industry related issues, regulations, and legislation that impact her family’s business.

Lisa has been around the underground construction industry her entire life. As a young girl she would accompany her dad as he would plow in his Mack truck, or go with him to the garage on weekends. She has worked full-time with the company for 23 years, taking a hiatus from time to time while raising three children.

In 2018, W. L. French Excavating Corp. joined UCANE and Lisa immediately became involved by attending Government Relations Committee meetings, and she was later elected to the Board of Directors in 2020.

Lisa has gained the respect and admiration of her peers and brings fresh ideas and perspective to our industry. She was honored to move up the ladder at UCANE and be voted Secretary in 2025.

GERRY CARNEY, JR. C. N. Wood Company, Inc.

MARCELLA ALBANESE Albanese Brothers, Inc.

CALVIN BRANDFORD CHB Excavating

MARK LANGEVIN Phoenix Communications, Inc.

DAN HORGAN R. H. White Construction Co., Inc.

JUSTIN GOODHEART J. F. White Contracting Co.

MICHELE NORTON HUB International New England

JOHN McGRATH Methuen Construction Company

RYAN McCOURT McCourt Construction Company

Corp.

WILLIAM LEONARD Aqua Line Utiity, Inc.

KARIN MARSHALL Boston Concrete Corp.

MIKE McCARTHY J. Derenzo Co.

JULIA D’ALLESSANDRO D’Allessandro

JERRY GAGLIARDUCCI Gagliarducci Construction, Inc.

MARCO GIOIOSO P. Gioioso & Sons, Inc.

BRIAN RAWSTON Jay Cashman, Inc.

ROBBIE OUR Robert B. Our Co., Inc.

RICHARD PACELLA, JR. R. M. Pacella, Inc.

MARK SZELA Insituform Technologies llc

Wishes to Congratulate the 2025 Officers and Board of

OFFICERS

President: Brian Cooney.............................C. C. Construction, Inc.

President Elect: Chris Valenti..............................GVC Construction, Inc.

Treasurer: Querino Pacella............................RJV Construction Corp.

Secretary: Lisa French Kelley.............W. L. French Excavating Corp.

BOARD OF DIRECTORS

Marcella Albanese ............................................................... Albanese Brothers, Inc.

Calvin Brandford ............................................................................. CHB Excavating

Gerry Carney, Jr. ............................................................ C. N. Wood Company, Inc.

Julia D’Allessandro .................................................................. D’Allessandro Corp.

Jerry Gagliarducci ..................................................Gagliarducci Construction, Inc.

Marco Gioioso.......................................................................P. Gioioso & Sons, Inc.

Justin Goodheart ........................................................... J. F. White Contracting Co.

Dan Horgan .................................................................... R. H. White Const. Co., Inc.

Mark Langevin .........................................................Phoenix Communications, Inc.

William Leonard ...................................................................... Aqua Line Utility, Inc.

Karin Marshall .......................................................................Boston Concrete Corp.

Mike McCarthy .................................................................................... J. Derenzo Co.

Ryan McCourt .......................................................McCourt Construction Company

John McGrath ................................................................. Methuen Construction Co.

Michele Norton....................................................... HUB International New England

Robbie Our ............................................................................ Robert B. Our Co., Inc.

Richard Pacella, Jr. ....................................................................... R. M. Pacella, Inc.

Mark Szela .................................................................. Insituform Technologies LLC

Building What Matters

Skanska proudly congratulates UCANE on their 71st anniversary and the 2025 Officers and Board of Directors.

As committed as we are to being the best in construction, we are just as committed to the people in the communities where we live, work and play.

7 Line Extension, New York, NY

Wishes to Congratulate the 2025 Officers and Board of Directors of the Utility Contractors’ Association of New England, Inc.

OFFICERS

2021

wishes to congratulate the 2020 Officers and Board of Directors of the Utility Contractors’ Association of New England, Inc. 14 Sterling Road, Building #1

President: Marcella Albanese...................... Albanese Brothers, Inc.

President: Brian Cooney.............................C. C. Construction, Inc.

President Elect: Ryan McCourt...................... McCourt Const. Company

President Elect: Chris Valenti..............................GVC Construction, Inc.

Treasurer: Brian Cooney.............................C. C. Construction, Inc.

Treasurer: Querino Pacella............................RJV Construction Corp.

Secretary: Chris Valenti .............................GVC Construction, Inc.

Secretary: Lisa French Kelley.............W. L. French Excavating Corp.

BOARD OF DIRECTORS

Vincent Barletta ................................................................... Barletta Heavy Division

Marcella Albanese ............................................................... Albanese Brothers, Inc.

Nick Biello .........................................................................................J. D’Amico, Inc.

Calvin Brandford ............................................................................. CHB Excavating

Mike Biszko, III .................................................................. Biszko Contracting Corp.

Gerry Carney, Jr. ............................................................ C. N. Wood Company, Inc.

Andrew Daniels...................................................................................J. Derenzo Co.

Julia D’Allessandro .................................................................. D’Allessandro Corp.

George DeFelice ......................................................................DeFelice Corporation

Jerry Gagliarducci ..................................................Gagliarducci Construction, Inc.

Marco Gioioso.......................................................................P. Gioioso & Sons, Inc.

Joe Gioioso ...........................................................................P. Gioioso & Sons, Inc.

Justin Goodheart ........................................................... J. F. White Contracting Co.

Dan Horgan .........................................................R. H. White Construction Co., Inc.

Dan Horgan .................................................................... R. H. White Const. Co., Inc.

Lisa French Kelley ...................................................W. L. French Excavating Corp.

Mark Langevin .........................................................Phoenix Communications, Inc.

Bill Leonard .............................................................................Aqua Line Utility, Inc.

John Our................................................................................ Robert B. Our Co., Inc.

William Leonard ...................................................................... Aqua Line Utility, Inc.

Querino Pacella ..................................................................RJV Construction Corp.

Karin Marshall .......................................................................Boston Concrete Corp.

Richard Pacella, Jr. .......................................................................R. M. Pacella, Inc.

Mike McCarthy .................................................................................... J. Derenzo Co.

Brian Rawston ..............................................................................Jay Cashman, Inc.

Ryan McCourt .......................................................McCourt Construction Company

Fred Rogers ..................................................... Scrap-It, Inc./Minichiello Bros., Inc.

John McGrath ................................................................. Methuen Construction Co.

Erik Sveden ...............................................................................................Milton CAT

Michele Norton....................................................... HUB International New England

Jordan Tirone.....................................................DeSanctis Insurance Agency, Inc.

Robbie Our ............................................................................ Robert B. Our Co., Inc.

David Walsh. ..................................................................Pawtucket Hot Mix Asphalt

Richard Pacella, Jr. ....................................................................... R. M. Pacella, Inc.

Mark Szela .................................................................. Insituform Technologies LLC

BEST WISHES TO UCANE’S 2025 OFFICERS AND BOARD

Your hard work and integritY has been instrumental in bringing our message to elected officials and the public.

Tim Zanelli Excavating LLC

President:

OFFICERS

President Elect: Chris Valenti..............................

Treasurer: Querino Pacella............................

Secretary: