President’s Message

Looking Back on 2022

We have reached the time of year when we begin to reflect on the last 12 months. Winter is here and the holiday season is upon us. I hope everyone had a successful end to this year’s construction season, or that you still have crews working. It has been an honor to serve as UCANE’s President in its 68th year, and I would like to thank the Officers, Board, membership, and UCANE staff for their support. When I was sworn in as UCANE President, I could not have predicted how quickly the year would pass by. However, that doesn’t mean that 2022 wasn’t a busy and productive year for UCANE. In fact, it was just the opposite.

At this time last year, we were rightfully celebrating the long sought-after passage of the Bipartisan Infrastructure Law. Massachusetts is still on track to receive billions of dollars in additional funding for drinking water, wastewater, and our underground utility infrastructure over the next five years. However, we know that as welcome as this funding is, it is still not sufficient to fully fill the gap in funding created by years of neglect. As a result, UCANE will maintain our strong #InvestInWaterMA campaign and continue to advocate for additional funding and long-term solutions. This past year the State Legislature authorized an additional $115 million for the Clean Water Trust, $100 million for port infrastructure, $75 million for climate resiliency, and increased the MassWorks public works improvement program to $400 million. I would like to thank House Speaker Ron Mariano, Senate President Karen Spilka, and members of the Legislature for recognizing the importance of our underground infrastructure. I’d also like to thank Governor Baker and Lieutenant Governor Polito for their efforts in prioritizing the work our industry performs, and for being responsive to our concerns throughout the last eight years. On behalf of UCANE, we wish them well on their future endeavors outside of the Corner Office.

We remain vigilant in overcoming the challenges we currently face to assure that this additional funding is used to get projects out to bid and completed. UCANE continues to work with awarding authorities, public works officials, engineers, and other stakeholders to give consideration to the current conditions in the construction industry and their impacts on public works projects. We are asking municipalities and awarding authorities to adopt a more flexible approach to material selection and project scheduling, as well as the use of price adjustment clauses in contracts to account for inflation and the allowance of time extensions for supply chain issues in light of current industry conditions. We remain extremely optimistic that projects will move forward given the amount of additional funding that is available.

Aside from funding, we were also successful in securing the passage of our bill to update the Commonwealth’s Dig-Safe law, Mass. Gen. Laws ch. 82, §40 et. seq. to officially permit the use of airblowers and vacuums as non-mechanical means; require municipal traffic departments to report the location of their underground utilities, and require companies to conduct periodic audits to ensure a uniformity of standards adhered to by their locating personnel. The new law also codifies an existing practice where the Department of Public Utilities may require additional training in Dig-Safe compliance rather than a fine.

This is all done through our partnership with Mark Molloy of Cascade Strategies. I want to thank him for the work he does on Beacon Hill to promote and oppose the many pieces of legislation that effect our industry. This year, once again, many bills were filed that would have had broad ranging effects on the way our companies do business. At the top of this list was a bill to address “wage theft.” The bill, while well-intentioned, would have had a tremendously negative impact on the construction industry, potentially costing companies millions of dollars even if they had not done anything wrong. UCANE worked with other construction associations to successfully defeat the bill. You can read about all of our 2022 legislative efforts as part of our End of Yeat Wrap-Up beginning on page 23.

UCANE is much more than just legislative advocacy. Our Safety Committee had a very active year in 2022. We again had a large number of companies and employees participate in the National Trench Safety Stand Down week in June. We continued to offer the latest safety training seminars and news to the membership. We also had a successful year of Dinner Meetings and social events, and intend to offer more opportunities to network and gather in 2023.

I have heard many times over the years about how UCANE is a “member-driven” Association. As President, I now have a better sense of how remarkably true that statement is. Whether it be at dinner meetings, our annual banquet, or Board Meetings, I am constantly astounded by the generosity and camaraderie our membership has for each other, and that is why I am extremely proud to be able to serve as UCANE President for another year in 2023, and I look forward to building on the progress we have made.

Lastly, I would like to wish you and your families Happy and Healthy Holidays, A Very Merry Christmas,

and a Prosperous New Year! n

Planning for the future of your business and your family.

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

ALBANY | BOSTON | CHICAGO | HARTFORD | MANCHESTER | NEW YORK | PROVIDENCE